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l 1 1900 aPic n i c 6c £1 ud, Lewd 44-69, g,u-ervze, 64-4—Le_ o tZI oA6Vi e t6 (vt_ l wort , A2.e4Ssi (-ep (a owvov ai - o-yr) , xvr S A30 - i 1) ;A T'Xti( Iz-,131/; i ,Q114-1)L, + 411 f-pei.4C1 T!Oa) & eCr —f' C•0. ?SSt ,#__�i BOARD MEMBERS _ " Southold Town Hall Leslie Kanes Weisman,Chairperson „elel- ®f.S®(®jy - 53095 Main Road•P.O.Box 1179 • IL., Southold,NY 11971-0959 Eric Dantes t Office Location: Gerard P.Goehringer ,�` Town Annex/First Floor,Capital One Bank George Horning 5(® ��y®��� 54375 Main Road(at Youngs Avenue) Kenneth Schneider = ��'®U 9�;%. Southold,NY 11971 .., iii http://southoldtown.northfork.net RECEI E® L .! 9 :s'-j ZONING BOARD OF APPEALS TOWN OF SOUTHOLD OP R 2 6 2016 Tel.(631) 765-1809•Fax(631) 765-9064 . outhold Town Clerk FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF APRIL 21,2016 ZBA FILE 6898 NAME OF APPLICANT: Frank Kelly PROPERTY LOCATION: 1900 Great Peconic Bay Boulevard,(adj. to Brushes Creek)Laurel,NY. SCTM# 1000-145-4-3 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. LWRP DETERMINATION: This application was referred for review under Chapter 268, Waterfront Consistency review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. The LWRP Coordinator issued a recommendation dated November 19, 2015. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to us, it is our recommendation that the proposed action is EXEMPT from LWRP review. PROPERTY FACTS/DESCRIPTION: The subject property has 107 feet of frontage along Peconic Bay Boulevard, 104.54 feet along the westerly property line, and is bulk-headed along the frontage on Brushes Creek. It contains a gravel parking lot, boat slips and no structures, all as shown on the site plan prepared by En-Consultants, Inc. last dated 4/27/06 and labeled sheet 1 of 3. BASIS OF APPLICATION: Request under Article XXVI Section 280-146D requesting Reversal of the building inspector's Notice of Disapproval dated August 31, 2015 requiring site plan approval under Article XII Section 280-51A(2). RELIEF REQUESTED: The applicant requests a reversal of the Building Inspectors determination that the operation of the subject marina requires site plan approval from the Southold Town Planning Board. ADDITIONAL INFORMATION: Several neighbors submitted letters to the Board and/or testified at hearings that the subject marina has been in existence for many years but voiced concerns about the current owner/applicant's increase in the intensity of use on the subject property since he purchased it in 2014. The Board of Appeals received comments from the Southold Town Planning Board in a Memo dated November 30, 2015 stating that they agreed with the Building Department in a SPUD dated August 5, 2015 that a site plan is required for the action. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held public hearings on this application on December 3, 2015,January 7,2016, February 4, 2016 which was adjourned at the request of the applicant's attorney to April 7,2016, at which time Page 2 of 2—April 22,2016 ZBA#6898—Kelly SCTM#1000-145-4-3 written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Photographic, oral and written evidence was presented to the Board demonstrating that the subject property has been continuously used as a marina since 1951, including correspondence from a former Building Inspector acknowledging the operation of the subject marina in 1951 with 11 boats on the premises, which constituted a non-conforming use that pre-dated the zoning ordinance. 2. Subsequently the Town of Southold rezoned the property to M1 (Marine 1) thereby rendering the marina use conforming to the zone district. 3. The subject property obtained approvals/permits from the Board of Southold Town Trustless (Pemit # 6205 in 2005) and from the NYS DEC(in 2011) 4. The Board of Appeals asked the applicant's attorney to apply for a Pre- Certificate of Occupancy for the marina use from the Building Department, since pre-existing uses do not require site plan approval. 5. The Southold Town Building Department granted the applicant a Pre-C.O. dated 1/14/2016 (#38052) for an "11 slip small watercraft marina(maximum length of watercraft 20 feet) and gravel parking lot,without building/structures." RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Weisman (Chairperson), and duly carried,to Since the Pre-C.O. confirms that the property's marina operation started before 1957 and pre-exists zoning, the Board of Appeals determines that this application for a reversal of the Notice of Disapproval is now moot because site plan approval is not required. Vote of the Board: Ayes: Members Weisman (Chairperson), Schneider, Dantes, Horning, Goehringer. This Resolution was duly adopted (5-0). 43' (1-36.01 / I Leslie Kanes Weisman, Chairperson Approved for filing /,2,2„/2016 of Southold 1/14/2016 1 LP 53095 Main Rd 0D 1.1 Southold,New York 11971 • `—t P144r °83' PRE EXISTING CERTIFICATE OF OCCUPANCY No: 38052 Date: 1/14/2016 • THIS CERTIFIES that the structure(s)located at: 1900 Great Peconic Bay Blvd, Laurel SCTM#: 473889 Sec/Block/Lot: 145.-4-3 Subdivision: Filed Map No. Lot No. - _ conforms substantially to the requirements for a built prior to APRIL 9, 1957 pursuant`to which CERTIFICATE OF OCCUPANCY NUMBER Z- 38052 dated 1/14/2016 was issued and conforms to all the requriements of the applicable provisions of the law. The occupancy for which this certificate is issued is: 11 slip small watercraft marina(maximum length of watercraft 20 feet)and gravel parking lot,without building/structures. The certificate is issued to Kelly,Frank Kelly, Elizabeth (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. oriz Signa ure , .//. \� csf 't,, ®FSOj, OFFICE LOCATION: ®� ®l � MAILING ADDRESS: \ Town Hall Annex ,� P.O. Box 1179 r 54375 State Route 25 Southold, NY 11971 )(°`�b(cor. Main Rd. &Youngs Ave.) �` Q Telephone: 631 765-1938 tep Southold, NY 11971 �` , �O',�1 itCOUNTI ''S, LOCAL WATERFRONT REVITALIZATION PROGRAM l, �� TOWN OF SOUTHOLD ,.. RECEIVED MEMORANDUM NOV 8 9 2015 To: Leslie Weisman, Chair BOARD OF APPEALS Members of the Zoning Board of Appeals From: Mark Terry, Principal Planner \\‘' LWRP Coordinator Date November 19, 2015 Re: Coastal Consistency Review for ZBA File Ref. FRANK J. and ELIZABETH G. KELLY#6898 SCTM# 1000-145-4-3 FRANK J. and ELIZABETH G. KELLY#6898—This is a request under Article XXVI Section 280-146D requesting Reversal of the building inspector's Notice of Disapproval dated August 31, 2015 requiring site plan approval under Article XIII Section 280-51A(2), located at: 1900 Great Peconic Bay Boulevard (adj. to Brushes Creek) Laurel, NY. SCTM#1000-145-4-3 The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, as well as the records available to me, it is my determination that the proposed action is EXEMPT from LWRP review pursuant to: § 268-3. Definitions. MINOR ACTIONS item "S"which states: S. Engaging in review of any part of an application to determine compliance with technical requirements, provided that no such determination entitles or permits the project sponsor to commence the action unless and until all requirements of this chapter have been fulfilled. Pursuant to Chapter 268, the Southold Town Zoning Board of Appeals shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Stephen Kiely, Assistant Town Attorney RECEIVED .'- r FORM NO. 3 OCT 2% 2015636M NOTICE OF DISAPPROVAL BOARD OF APPEALS DATE: August 31, 2015 TO: Frank Kelly 12 Bayview Avenue East Islip, NY 11730 Please take notice that your application dated July 13, 2015 For permit for the legalization of an existing 14-slip marina at Location of property 1900 Great Peconic Bay Blvd., Laurel County Tax Map No. 1000 - Section 145 Block 4 Lot 3 Is returned herewith and disapproved on the following grounds: The proposal, on this property in the Marine I (MI) zone is not permitted pursuant to Article XIII, Section 280-51, A(2)., without site plan approval from the Southold Town Planning Board. Authorized Signature CC: file, planning Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. TOWN OF SOUTHOLD BUILDING PERMIT AP] ATION CHECKLIST BUILDING-DEPA:RTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL:(631)765-1802 , Planning Board approval 6g619,:.FAX: (631)765-9502 - ' Survey SoutholdTown.NorthFork.net PERMIT NO. Check RECEIVED Septic Form r- •N.Y.S D.E C Trustees OCT 2 C.O Application .l 2015 Flood Permit Examined 20 Single&Separate�E1 0/8 � ro~ ''''' Storm-Water Assessment Form Fl l�D OF APP � !�, t: Eats Approved ,20 Mail to: Disapproved a/c G (3( , I�c , Phone.6 if T/-Z Z-13 Expiration ,20 / e r a K fCe.l r i L' 'it-Inspect 1 r - D '-'-'- ' ' -- ' `-' J.-- IP APPLICATION FOR BUILDING"P• JUL 14 2016 " Date j.1a t Y 3 ,20 t7 INSTRUCTIONS a.This-applicatidn;MUST be c.mpletely filled in by typewriter or in ink and submitted to the Building Inspector with 4 set . , . n. • I . . . . . •,Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant Such a permit 'shall be-kept-on-the premises=available-forr inspection throughout?the=work. .,,,,..-0-_,_____'__ ___ ________ e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning aineridments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold,Suffolk County,New York,and other applicable Laws,Ordinances or Regulations,for the construction of buildings,additions,or alterations or for removal or demolition as herein described.The applicant agrees to comply with all applicable laws,ordinances,building code,housing code,and regulations,and to admit authorized inspectors on premises and in building for necessat inspections. . 1t e ofe of pame,if a corporation) F l Nle, YL Ft—w f . \.,9. .pisw..r&u-i4vE. E4141- t o IA) -) 103 d , (Mailing address of ap{�licant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder Din) NFR Name of owner of premises FRITJK T. kf-_«Y A-wD 1�i-�ata(3P_=1Vt4 C. 14RLL'1' (As on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer N,`Q9 (Name and title of corporate officer) Builders License No. pJ,A. Plumbers License No. 1N,Ni• Electricians License No. lr.),A. Other Trade's License No. .A 1. Location of land on which proposed work will be done: 1g6)0 GRRAT PE Cblvrc WI Pp�l5►v .6 A-1 "3LOD� Lvr� L.4RE Nt•.`f. V r)c-1401 rStreet Hamlet County Tax Map No. 1000 Section 141-5s,O D Block 0 4• DO Lot ©63'.Civ • Subdivision ,l4. Filed Map No. IA!, 14c Lot fV,14 c RECEIVED 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: ,O C T 2 9 20156s5 ,2 a. Existing use and'occuparicy ()'1 yiR,E10 l7 g oar -- 9 L'r b. Intended use and occupancy al{a.(ZzN to 63C5 f}T Lk SC-rpS BOARD OF APPEALS ,�//•Nboe 3 Nature of work(check which applicable):'New Building NI,II.- Addition VQ N , . Alteration 0, 14,- A-Repair ►N. Removal IN,W-, Demolition lU,T. Other Work (Description) 4. Estimated Cost 'A)b T S Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units' 't J I 4, Number of dwelling units on each floor y'J',1. If garage, number of cars IN, ✓6. If business,commercial or mixed occupancy,specify nature and extent of each type of use.,t-u Ti+•ar- r»t b 1;fiFR5 7. Dimensions o,^�existing structures,if any:Fronf y�1,4 Rear tn1,ti4., Depth W , >9, 1" Height'• ,Y4• Number of Stories IN, IA-, Dimensions of same structure with alterations,or additions: Front N.LA, Rear N,/4 - Depth y, JI-. Height v\J, IA. Number of Stories %Ai, 14 8. Dimensions of entire new construction:Front V', 14 Rear VA), 14t Depth a,19 t Height V1/4). Y4. Number of Stories NP• !� 9. Size of lot:Front I.D7LODRill) Rear rti B W IST-' 1 Lt 0,514 x}4.57' 10.Date of Purchase PC/`-3/p201 ti Name of Former Owner ak4y'Les Mit RI2cY o-SttS(}W SCG U2 11.Zone or use district in which premises are situated MI 12.Does proposed construction violate any zoning law,ordinance or regulation?YES NO - - 13.Will lot be re-graded?YES NO tc Will excess fill be removed from premises?YES V)J NO(,�- �tzy+r� .3%X01, ix) i.Y It?3a 14.Names of Owner of premises FLT-7)48E71-1, ( ' Addressid.'DiAi' 3 i40 a. Phone No Name of Architect Address Phone No Name of Contractor Address Phone No 15 a Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO *IF YES,SOUTHOLD TOWN TRUSTEES&D.E.C.PERMITS MAY BE REQUIRED, b.Is this property within 300 feet of a tidal wetland?*YES `A- NO *IF YES,D.E.C.PERMITS MAY BE REQUIRED. 16.Provide survey,to scale,with accurate foundation plan and distances to property lines 17.If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. 18.Are there any covenants and restrictions with respect to this property? *YES NO *IF YES,PROVIDE A COPY. STATE OF NEW YORK) SS. COUNTY OF50.FFO+-K ) RIA ) being duly-swom,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the 6 W • (Contractor,gentrCar-per-ate-Offteer-etc:) ,and is duly authorized : : : _ .__- —._.:to make and file this application; that all statements contained in this application are true to the best of his knowledge and beliefouil.t. wer-k- - . -: , .:9® v@rditi� Sworn to before me ttii� L ,DANIEL_C.ROSS 13�c day of V Notary PUblic, tate of New York No.4407175 40---a1P-k Qualified'in Suffolk County k �� 1 Notary Teo: emission Expires AUg.31,202 ^, _I b APPLICATION and EXHIBITS APPLICATION of FRANK J. KELLY to the SOUTHOLD TOWN ZBA SEEKING REVERSAL of the BUILDING INSPECTOR'S NOTICE OF DISAPPROVAL, dated AUGUST 31,2015 Re: Premises: 1900 Great Peconic Bay Blvd.,Laurel,New York, SCTM: 1000-145-4-3 Appellant: Frank J. Kelly 1. Application to the Southold Town Zoning Board of Appeals seeking Reversal of the Building Inspector's Notice of Disapproval dated August 31, 2015. RECEIVE . 2. Project Description Form. 6g1 Q OCT 2 9 2015 3. Questionnaire. • • 4. Town of Southold and NYS DEC Permits: ®DRi OF APPEALS a) Southold Town Board of Trustees Permit No. 6205, dated September 21, 2005; b) Southold Town Board of Trustees Amendment to Permit No. 6205, dated May 17, 2006; c) NYS DEC Permit#1-4738-00542/00003, dated January 20, 2006, and Amendment to the Permit, dated May 5, 2006; d)NYS Department of State correspondence dated April 18, 2005; f) Southold Town Trustee's Permit, dated 8/20/14, for fence, Trustee's Certificate of Compliance, dated March 27, 2015; g) Southold Town Property Card for the premises; 5. AG Form. , 6. Owner's consent 7. Transactional Owner and Agent, 8. Short Environmental Assessment Form. 9. LWRP Consistency Assessment Form. 10. Application for Building Permit dated July 13, 2015. 11. Building Inspector's Notice of Disapproval, dated August 31, 2015. 12. Correspondence by former Southold Town Building Inspector Howard M. Terry to Mr. F.R. Fleschutz and others dated September 10, 1968. Mr. Terry's Obituary dated 12/17/2006 wherein his position as Southold's Building Inspector from 1956 to 1977 is noted. 13. Portions of transcript from oral argument in the case Town of Southold vs. Frank J. Kelly and Elizabeth G. Kelly, Supreme Suffolk, Index 15-5142 (J. Tarantino)wherein Southold Town's attorney at page 32 recognizes the"Historic use of the property was that people kept their boats in the slips for the season and drove their cars to and fro,but the boat remained in the slip." 14. Deed of Frank J. Kelly and Elizabeth G. Kelly, dated June 11, 2014,recorded 06/25/14 at Deed liber D00012778,page 753 in the Suffolk County Clerk's Office. RECEIVE* Fee:$ Filed By: Assignment No. ()C 2 9 2015 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPFAMD OF APPEALS '®i'rcE DF r _.. _- _ .p tsrWPRw')ILP-9f3$/►s House No.V COO Street Prc©wic (A Bi.-aamlet L J' 412S L SCTM 1000 Section 1 LI , Block it Lot(s) 3 Lot Size 0 Zone 1 I(WE)APP THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED /3 /1S- BASED ON SURVEY/SITE PLAN DATED Wee? LOW/ ETC..- Applicant(s)/Owner(s):Faig.K1itt. 1 FL.tY Cr 2A UT f Mailing Address: \ a• 1341-`t'' t,J VIA/ -MO) (2 D Telephone: Fax: Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: EC)3&� i-6 -+ , (2_054`�-(.d 50s-r2 Name of Representative: i>eyT o s W.i;>iL C, i,Qbs4 for Owner( )Other: Address:3 S vor.S i 9)4?9-L-)9 . P. CI, 8DX 1%b �YJ>F 1 1 2T LtC�2 Y r Telephone:01 aaa Fax:C,3d aR2) 44a ca Email: pp,t, - .e G Law,us Please check to specify who you w'sh correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), thorized Representative, ( )Other Name/Address below: 0)4I) 3 L- C. iZo 5 WHEREBY T E B LDING INSPECTOR REVIEWED DATED l and DENIED AN APPLICATION PI.T.r,aDe(31/y FOR: ( ) uilding Permit l ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction M Other: NO1T-CC OF C. -SY}PPRtv bat .\ W:3 i/l 5 Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: Section: Subsection: Type of Appeal. An Appeal is made for: ( )A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section Reversal or Other o F 1'CCr ®f QHS(14,tQ't Qb iell- D (h��' i UQtSdv 0PTAmi41it) AAP P Q LXt A prior appeal( )has, Xhas not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). .(Please be sure to research before completing this question or call our office for assistance) ` Addendum to Frank J. Kelly's Application to the Southold Town Zoning Board of Appeals Seeking Reversal of the Building Inspector's Notice of Disapproval dated August 31,2015. The Applicant appeals from and seeks a reversal of the Building Inspector's Notice of Disapproval dated August 31, 2015 on the basis that the premises at issue are benefitted by a pre-existing use and as such the owner is not required to obtain site plan approval so as to continue the use of the premises as a Marina. As indicated by the correspondence, dated September 10, 1968, (exhibit 12 hereto) by the Town of Southold's former Building Inspector,Howard Terry, who served in that capacity from 1956 until 1977, after an investigation Mr. Terry stated, I have at hand a written copy of Mr. Murray's operation record showing the start of operations in 1951 and names of eleven (11) people who moved boats there in 1956 and 1957,which would establish his rights to a "non-conforming use" of an eleven boat marina without further approval of the Board of Appeals or Town Trustees." As far as the Zoning Ordinance is concerned it makes no difference who owns the boats tied up there, the property has been used for this purpose since 1951 and the entire frontage on the water has been used for moorings and launching ramps prior to the adoption of the Zoning Ordinance in April 1957. Thus creating a "non- conforming use"which can be maintained ... See Exhibit 12. While the property continues to enjoy the pre-existing use as described by the Town's former Building Inspector,the fact is,the Marina use is no longer a non-conforming because the Town re-zoned the premises to M-1, i.e, Marina 1. A municipality cannot zone a pre-existing use out of existence and by requiring that the owner obtains site plan approval the Town of Southold is doing exactly that. The present Building Inspector by his Notice of Disapproval asserts the Marina use cannot continue without site plan approval but the Marina use pre-dates the M-1 Zone so to require site plan approval is a denial of the property owners' rights with respect to the premises. There are ways for municipalities to zone out unwanted uses but in this case Southold Town actually changed the zoning for the premises to M-1 so as to assure the continued use of the premises as a Marina. Now, after a change in ownership that occurred on May 21, 2014 (see Kelly deed at exhibit 14 hereto) the Town of Southold has sought to restrict and eliminate the Marina use of this waterfront property and use strip it of its value even though the premises has been used as a Marina since prior to the adoption of the Zoning Ordinance. The Building Inspector's Notice of Disapproval dated August 31, 2015 should be reversed. ( Li RECEIVED p- OCT292015 BOARD OF APPEALS RECEIVED A. OCT 292015867 4 REASONS FOR USE VARIANCE: An applicant for a use variance MUST demonstrate p OF APPEALS unnecessary hardship by satisfying ALL of the following four tests: (Please consult your Attea0 fbt� completing,attach additional sheets as needed,and submit related documentation as required) 1. The applicant cannot realize a reasonable return,for each and every permitted use under the zoning regulations for the particular zone district where the property is located,as demonstrated by substantial and competent financial evidence because: 5F5t DD N1 ,i }��.i ri 2. The alleged hardship relating to the property is unique and does not apply to the majority of parcels in the same zoning district or neighborhood because: DfDtAVA H T i T 3. The requested use variance,if granted,will not alter the essential character of the neighborhood because: GEF RoDal kikth 4.The alleged hardship has not been self-created because: Fr RO O DoDurrt 6E RRT In addition to the above standards,the Board of Appeals must also find that: 5.The requested relief is the minimum relief necessary to avoid unnecessary hardship,while at the same time preserving and protecting the character of neighborhood and the health,safety and welfare of the community because: G � ©Deo 6.The spirit of the ordinance will be observed,public safety and welfare will be secured,and substantial justice will be done because: RECEIVED ,k, .1.?_ ('J Th .fz Ont r f3oTa. , OCT 2 9 201` 6 SC ir 1 X BOARD OF APPEALS K-----__, tl-)"\-/ki" vilff (' 1-7 Vr Signature of Applicant Aut rind Agent CJ (Agent must submit written A thorization from Owner) Sworn to before me this 96' ''I Day o (3i;2 ,20 1 c— p. dk,..., !-05P-A-- (Notary Public) ZBA Appl 6/2012 DANIEL C. ROSS Notary Public, State of New York NO. 4907175 Qualified in Suffolk County Commission Expires Aug. 31, 2017 RECEIVED OCT 2 9 2B156 APPLICANT'S PROJECT DESCRIPTION rig kLL 'T' ®E PEALS APPLICANT: DATE PREPAR�ED:I /�& (5 G 1.For Demolition of Existing Building Areas Please describe areas being removed: NO Of" II.New Construction Areas (New Dwelling or New Additions/Extensions): 1,q0 V I. Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground)measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) !¢` {- (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: (ia. Vi-,, IV.Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: l{ )ovv Proposed increase of building coverage: rY 0 NE Square footage of your lot: Percentage of coverage of your lot by building area: V.Purpose of New Construction: N5P\J f VI.Please describe the land contours(flat,slope%,heavily wooded,marsh area,etc.)on your land and how it relates to the difficulty in meeting the code requirement(s): Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 RECEIVED c. OCT x9 2015 689 3 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION OF APPEALS A. Is the subject premises listed on the real estate market for sale? Yes No B. Are there any proposals to change or alter land contours? (1 No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? 6---C 2.)Are those areas shown on the survey submitted with this application? 1)6_9 3.)Is the� �property bulk headed between the wetlands area and the upland building area? 0Lt l �j H 3 umti-r_Nt-V 4.)If your proi6erty contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? Nr0 Please confirm status of your inquiry or application with the Trustees:`RUST-► S [-f-A"6= `r.$SCE r O P Y2Y4'% i S and if issued,please attach copies of peimit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level?t!l)o P1 o'z Si'p GDrV611 lic-I �n fN E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? tJ 0 Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? tiNIC3 If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? WO If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel )1-f2TN.,Pn and the proposed use e_rN IT . (ex existing single family,proposed.same with garage,pool or other) Authorized signature d Date RECEIVED AGRICULTURAL DATA STATEMENT OCT 2 9 2015 s ZONING BOARD OF APPEALS TOWN OF SOUTHOLD BOARD OF APPEALSWHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance,area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: FRAMs 4 I L.C" ret2)4f3 SU- C ‘66tsL' 2. Address of Applicant: VD‘ R4-%Ni-fy W JO.\) .� 6:44-c,1- 1-t9 _`rd. t 03-15 3. Name of Land Owner(if other than Applicant): a'LE 4. Address of Land Owner: O130 i G 5. Description of Proposed Project: a ikif.12S14-L b + cz 4D vUc- c.OSP6C:1-0,)5 voc,r3T.P. DF ��S)4P91.20V 4L, ` 131 fS 6. Location of Property:(road and Tax map number) t�t0 G4 SAr Pa (3i Qt.J©• 000— FIT-11-3 7. Is the parcel within 500 feet of a farm operation? { } Yes { }No 8. Is this parcel actively farmed? { }Yes { }No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) Signature of Appnt Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. RECEIVED t0. 617.20 OCT 292015 / Lq � Appendix B l9 Short Environmental Assessment Form BOAR® OF APPEAL Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Revd-R54_ Guitpro& ` WSPECTztfej q,(34/ NO c� oiF az i,1P/2b.iY4L- Project Location(describe,and attach a location map): (c'oU G-07,19-7- P1C6,Fc B)4-i (boo-- fLt5- 4 - 3 Brief Description of Proposed Action: ®f. (Mtp.. Ds w c �WIS P C,C MO'% 68/-30-5-- vO c ovc 514 p 2 f air �q-L Name of Applicant or Sponsor: ,� Telephone: Paye T., �LLY ‘R -`r. l4-V3 r i 14- 6r, ��=1-�� E-Mail: Address: y4kNTJ , } TZLI�; M.Y. \ t73e City/PO: State: Zip Code: 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that l / may be affected in the municipality and proceed to Part 2. If no,continue to question 2. /�(\ 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? ! !rj acres b.Total acreage to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? (I acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban d Rural(non-agriculture) ❑Industrial ❑Commercial Residential(suburban) 0 Forest 0 Agriculture El Aquatic 0 Other(specify): vh,m2,to ❑Parkland Page 1 of 4 RECEIVED a 5. Is the proposed action, 0 C T 2 9 2015 G Ql i NO YES N/A a.A permitted use under the zoning regulations? O b.Consistent with the adopted comprehensive plan? R0 ARD OF APPEALS 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? 7. Is the site of the pr �osed action locate oorr)doe it dJtin,a state listed Critical Environmental Area? NO YE V6`C If Yes,identify: b ir NTC 19--Y C o'f 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? �( 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: `.2NlWn1 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,descnbe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: )(- 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain _NO YES wetlands or other waterbodies regulated by a federal,state or local agency? b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: oreline 0 Forest 0 Agricultural/grasslands 0 Early mid-successional 0 Wetland 0 Urban 0 Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? 16.Is the project site located in the 100 year flood plain? ICC. YES UM 12 POW 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? 0 NO 0 YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? ° , If Yes,briefly describe: 0 NO 0 YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: F��'�1. '. z.c,LI° ' Date: Lb j�ZC���.� RECEDE Signature: ,d,./#1 /tA/ OCT 292015 f\S Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. AnswebaJ;�o olloywing APPEALS questions in Part 2 using the information contained in Part 1 and other materials submitted by the project D6 r l.➢[` otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate , small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase m the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED • T 0 9 7n15, '6C s , OA No,or Moderate p,RD ®f PPE impact impact B . - , may may „ , occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 RECEIVED OCT 292015vi/ APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : `RAN F ILS' F 0=L'r Z°A-P7 ti 4 Q. . G .& (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat �y,���,, _ ,/� Mooring Other(activity) Y ! 1"`-`.a�a.0n- ,0 Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or • D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this day of5 cX F. 1,20 LS Signature (.D Print Name !} `Z Rh.) te.p LL ) RECEIVE® OCT 2, 9 2015‘f( AGENT/REPRESENTATIVE Bop,RD of APPEALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : `C r creel + s,,! `2.‘201-4,04 L Op W }^►�L C., �e (Last n"me,first name,mi die iiitial,unless you are applying in tifename of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) i net '&O s Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply): A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted t 1� C day of 1 0 ,20 L i Signature t! S- 40 Print Name3f.) RECEIVED OCT 9 2015 f9 BOAR® OF APPEALS Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) Uri w c kz. L..LY t-a Dwiv.te� residing at 61/457T rct tF, kv`r �,1`?3D (Print property owner's name) (Mailing Address) do hereby authorize iV I C,. koss Re ^QRS �( p gent) �rrg l c- &sacrb iTs to apply fo�on my behalf from the tb,f3``I S Southold Zoning Board of Appeals. Owner'.Signature) (Print Owner's Name) RECEIVED , Town of Southold OCT 2 9 2015 LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# IWO - 1 � - tt -3 The Application has been submitted to(check appropriate response): Town Board ' I Planning Dept. id Building Dept. H Board of Trustees F-1 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital construction,planning activity,agency regulation, land transaction) r-! (b) Financial assistance(e.g.grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: TO g'VvEQSfj zL 1 lvOSP .Gclog 5 1M 01 C.E D o4Pp 1 od,L AV f I ilq3yl RECEIVED Location of action: POO C�{2c Pct -tamp AP1/4t (3L'ip./ CA tila I.-OCT 2 9 2015���� Site acreage: 4 PB®AR® OF APPEALS Present land use: fr,)W1i\)A Present zoning classification: f t- 1 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: NOM - F--1-01 (b) Mailing address: i9`f\ Qr.1_ i \➢ 6:1,14,-/- -1---sL1 P . 1�3 (c) Telephone number:Area Code( )( 3 i — , n L` 9 5 (d) Application number, if any: _LI:\ fijovz, P 7/i3f9 61,5 Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes No X If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III–Policies; Page 2 for evaluation criteria. J>K1Yes No Ti Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III–Policies Pages 3 through 6 for evaluation criteria Yes rd No Not Applicable RECEIVED OCT• 2 9 zap�gq 9 Attach additional sheets if necessary BOARD OF APPEALS Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes 7 No 7 Not Applicable Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes 71 No 1— Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 81 Yes r No ' I Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes 7 No H Not Applicable RECEIVED 0., o � OCT 232W-i Attach additional sheets if necessary BOARD OF APPEALS Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. Yes - No Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes No El Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. Yes No r- Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. N-Yes No H Not Applicable RECEIVED vo OCT 2 9 2015 6'61 BOARD OF APPEAi S Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes No rd Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III —Policies; Pages 62 through 65 for evaluation criteria. Yes ri No r Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. 171-Yes No I Not Applicable Created on 5/25/05 11:20 AM , , , . . . , . • - , , . • . RECEIVED' 0 0 , . OCT 2 9 2015 Y . . - BOARD OF APPEALS . . . , . . . . , .. — . . . .-- . . , . . . September 1O, 1968 . , 11'n F.R. PleSchutz widether0 'Peoaaic Bay Bl1d. Laurel:, New York Dear Sir: I am Writing to you again as yourname appears on the top af tho list pf signatures an the' petition ile la'', James Murray' s Marina, ',3rushes °reek., Laurel, New 'Lark. Siace my letter of August 30th, I have exqmined the Town Trustee records and the Town Boardth records and, find 'that an May 1, 1967 a Oemmittge was at thetrustees mooting to inquire about this marina operation,. The Trustees investigated and found that the was no violation, of their rules or jurisdiction. The Town Board has not set a speed limit tor boate in Brushes. t3reek up to t is time. I l'ave at hand a written copy of X . Murrayts operation record showing the start of operations in 1961 and names of eleVen (11) people who moved boats there in 19V3 and 1967, which would establish 'his rights to a onon-conforming. use ' of aa pleen boat marina without further approval of the Board of Appeals or Town Trustees. ' Inoe receiving the petition 1 ha 1e talked to Mr. Murray and he, has assured Me that most of the boats now moored at the marina are owned 'bynearby residents from Uorth Oakwood .lOad who cannot get in And out under the. preoent Peoonio Bay 251vd., Bridget himself &hid his brother, and one or two who live directly on the 131vd. nearby. , . RECEIVED ,. (2) OCT 2 9 2015 BOARD OF APPEALS As .faz' ao the Zoning' Ordinance, is concerned It T!lt ?ke, ,iso difference who owns the boats tie-a up there, the property 1'as beet used for this purpose since 1951 and the entire frontage on the water 144.13 been used for moorings and launching jai ps pr .or to tete adoption of the Zoning Ordinance to April 3951. Thtu3 creating a- "nOn--lorrf.orming use" which titan be maintained as long as it is not discontinued. for a i year or longer period. If boat& using Brushes Creek a''e ope`1'ating. recklesSly ar ».LSF a nui an.ce it would not be under the Cont^o,1 of this. •dept r` r tint, ,we are c .n1y conte.: neck. With the use of land and buildings. ;s. Yours truly, ; /l Howard Terry Southold Town uildin ; Innpe for RECEIVED • - -- — © i- 7015 10/27/2015 Howard M.Terry Obituary 6/0 •0itarils~ �, BOARD OF APPEALS Howard M. Terry Died: Sunday, December 17,2006 Age: 94 Howard M. Terry, a Southold resident, died at San Simeon Nursing home on December 17. He Lived in Southold his entire life, except for a few years in the 1920s when he lived in Arizona. Mr. Terry was born in Southold on October 13, 1912 to Mary (nee Munsell)and Howard H. Terry. He attended Southold schools, inducting the Old Bayview Schoolhouse, and, over the years, had been a farmer, a truck driver, a carpenter and worked on oyster boats. From 1956 until 1977, he was a building inspector for the Town of Southold. Mr.Terry was a member of the First Presbyterian Church in Southold, the International Order of Oddfetlows, the Building Inspectors Association of Suffolk County, and served on the Civil Defense Commission of New York State. For 76 years, he was an active volunteer firefighter with the Southold Fire Department. There he served as a commissioner and delegate to the North Fork, Suffolk County and Southern New York Volunteer Fireman's Association. For a period of time, he was a Fire Coordinator for the Eighth Division. Predeceased by his wives, Doris Jones and Katherine Berry, he is survived by four daughters, Jane Joerchel of Calverton, Frances Cooper of Mattituck, Edna Terry of Southold, and Catherine Terry of Mattituck; a sister, Caroline Ross of Prescott Valley, Arizona; and 10 grandchildren. He was predeceased by two daughters, Helen Pontino and Elizabeth Montgomery, and a brother, Jonathan Terry. • The family received friends at the DeFriest-Grattan Funeral Homes in Southold where firematic services and IOOF services were held. Funeral services were held at the First Presbyterian church by Rev. Dr. Peter J. Kelley. Interment was at the Presbyterian Cemetery. Those wishing to remember Mr. Terry and his family in a special way can make a donation to the Southold Fire Department, San Simeon Nursing Home or the First Presbyterian Church. 1 RECEIVED 1 SUPREME COURT OF THE STATE OF NEW YORK OCT 2 9 2015 65, COUNTY OF SUFFOLK : PART 50 2 TOWN OF SOUTHOLD , " BOARD OF APPEALS 3 Plaintiff, INDEX NO . 4 15-5142 -against- 5 6 FRANK J. KELLY and ELIZABETH G . KELLY, and JOHN and JANE DOE (S) 1-4 . 7 Defendants . 8 x September 10 , 2015 9 Riverhead, New York 10 PROCEEDINGS 11 12 B E F O R E : HON . ANDREW G . TARANTINO, JR. SUPREME COURT JUSTICE . 13 14 APPEARANCES : 15 GARRETT W. SWENSON, JR. For the Plaintiff 16 76 Bay Road Brookhaven, New York 11719 17 18 KEEGAN & KEEGAN, ROSS & ROSNER, LLP For the Defendants 19 315 Westphalia Avenue-- Mattituck , New York 11952 20 BY : DANIEL C . ROSS , ESQ . 21 22 23 24 25 JILLIAN CASSAR OFFICIAL SUPREME COURT REPORTER 2 PROCEEDINGS 1 THE COURT CLERK: Remain seated . RECEIVED 9 2 Come to order . OCT 2 9 2015 3 We ' re on the record on an BOARD OF APPEALS 4 application under index number 15142 of 5 2015 ; Town of Southold, plaintiff, against 6 Frank and Elizabeth Kelly, et al . 7 Counsel, please place your 8 appearances on the record . 9 MR . SWENSON : For the plaintiff, 10 Town of Southold, Garrett Swenson; 76 Bay 11 Road, Brookhaven, New York 11719 . 12 Good morning, Your Honor . 13 THE COURT : Good morning, 14 Mr . Swenson . 15 MR . ROSS : For the defendants , Frank 16 and Elizabeth Kelly; Dan Ross Keegan & 17 Keegan, Ross & Rosner, 315 Westphalia 18 Avenue, Mattituck for the defendants . 19 THE COURT : Good morning, Mr . Ross . 20 You can both be seated . 21 Okay. This case matter came to me 22 yesterday . A show cause order was signed 23 by Justice Martin . 24 On August 27th, the town is alleging 25 that the defendants , Frank and Elizabeth 3 PROCEEDINGS RECEIVED OCT 292015 ,.--`,, 1 Kelly, don ' t have proper approval to use 6$11 2 the subject property in accordance t.RD OF APPEALS 3 town codes . 4 We did receive today a courtesy copy 5 of the affidavit in opposition by 6 Mr . Ross ' s office . 7 The Court did go through it . The 8 temporary order, signed by Justice Martin, 9 has certain restrictions on it which were 10 affected pending the return date of the 11 motion and the return date was September 12 10th, which is today . 13 I take it , Mr . Swenson, you ' re 14 asking to continue the TRO? • 15 MR . SWENSON : That ' s correct , 16 Your Honor, for the same reasons which lead 17 Judge Martin to issue it . Nothing ' s 18 changed, except that the defendant has 19 removed the recreational vehicles from the 20 property . 21 THE COURT : Mr . Ross . 22 MR . ROSS : We oppose the 23 continuation of the TRO and oppose the 24 application of the town with respect to ` 25 this property . This is a premises that ' s DECEIVED 4 OCT 2 9 2015 PROCEEDINGS kg 9 BOARD OF APPEALS ,--., 1 located in an "Ml" zone . The premises are 2 benefitted by a permit issued by the 3 Southold Town Board of Trustees , which is 4 the board with jurisdiction over wetlands 5 and 100 feet inland of wetlands . 6 This property is also benefitted by 7 a DEC permit . It ' s been operated as a 8 marina for years . Its changed hands in the 9 recent past , and now the town has 10 determined to stop it ' s operation . 11 I suggest that the balancing of the 12 equities are not in the town ' s favor . I 13 suggest that the likelihood of success is 14 questionable when you see the permits that 15 have been issued, and I oppose the very 16 broad scope of the stay and request that it 17 be vacated . 18 THE COURT : All right . The Court 19 has some questions . I ' ll posit the 20 questions , and I ' ll seek a response from 21 the person whom I would like to respond in 22 one second. 23 There is a boat ramp located on the 24 premises ; right? ,----�. 25 MR . ROSS : Yes , Your Honor . RECEIVE13 PROCEEDINGS OCT 292015nn a 1 pertinent, that would be permissible? CobA BOARD OF APPEA ..S 1) 2 MR. SWENSON : He only has 3 authorization for up to 14 boats . 4 THE COURT : Oh, okay. But still, 5 14 . If I lived in a neighborhood -- Look . ?Y 6 I ' ll let both counsel' know on the record I 11 7 looked at Google Earth, to take a look at a 8 , picture of the neighborhood -- even on 9 Peconic Bay Boulevard, 14 boats coming in 10 the morning and going out in the afternoon 11 everyday for summer, that ' s a lot of 12 traffic on that little road and we all know 13 what that roads looks like . 14 MR. SWENSON : Historic use of the 15 property was that people kept their boats 16 in the slips for the season and drove their 17 cars to and fro, but the boat remained in 18 the slip . 19 THE COURT : Okay. But historically 20 - is one thing . 21 MR . SWENSON : Right . 22 THE COURT : Today Mr . Kelly can call 23 up 14 of his friends , not that I ' m telling 24 to you do it, I don ' t want anybody to walk 25 out and say the Court told him to do this . ;j 'i RECEIVED 4 41 PROCEEDINGS is OCT 92015 n �" 1f 1 Thank you . I,OARD OF APPEALS 2 MR. SWENSON : Thank .you, Judge . 3 (Whereupon, the proceedings 4 concluded . 5 6 CERTIFICATION 7 8 I , JILLIAN CASSAR, an Official Court 9 Reporter of the State of New York, County of 10 Suffolk, do hereby certify this transcript to be a 11 true and accurate transcription of my stenographic ' 12 notes taken on this day; 13 Furthermore , photocopies made of this 14 transcript by any party cannot be certified by me 15 to be true and accurate . 16 Therefore, only those copies bearing an 17 original signature in blue ink are official 18 certified copies . 19 / "Si 20 J IAN C 21 0 FICIAL COURT REPORTER 22 1111 1( IC) 2 . ( 9/ 26 DATE 24 25 RECEIVED OCT 2 9 2015��� BOARD OF APPEALS 1111111 liii 11111 1111111111 HII DIH IIH IIII IH III 111111III1111IIINIIII RECORDS OFFICE RECORDING PAGE Type of Instrument: DEED Recorded: 06/25/2014 Number of Pages : 4 At: 03 :05: 14 PM Receipt Number : 14-0082868 TRANSFER TAX NUMBER: 13-29558 LIBER: D00012778 PAGE : 753 District: Section: Block':_ Lot: 1000 145 .00 04 .00 003 . 000 EXAMINED AND CHARGED AS FOLLOWS Deed Amount: $205,000 . 00 Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 .00 NO Handling $20 .00 NO COEi ; ,$5,,.,00 NO NYS ,SRCHG $15.0 0 NO $5: 0 0 :NO f EA STATE. - ';$2 50.0 0 - • TP-584:, $5 . 00 NO Notation $0.00 NO Cert.Copies $0 . 00 NO RPT $60 .00 NO Transfer- "tax $820 . 00 NO Comm.Pres $2,600 .00 NO Fees Paid $3,800.00 TRANSFER TAX NUMBER: 13-29558 - THIS PAGE IS A PART OF THE INSTRINENT THIS IS NOT A BILL JUDITH A. PASCALE - - - County Clerk, Su-ffblk County r' ',LI h R RECEIVED ., ' IVun�,ber.ofpages OCT 2, 9 2015 /�Q(�j9 _. • - RECORDED (.� Q 2014 Jun 25 03:05:14 PM -- JUDITH R. pas AR® ®E APPEALS This document will be public CLERK OF record. Please remove all SUFFOLK COUNTY Social Security Numbers L D00712778 P 753 prior to recording. DM 13-29558 Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Reco}-diag.Frimg Stamps 3 FEES., Page/Filing Fee _ • 3+iuY.;;i. e.:.i.. -- — Handling 20. 00 2. Auchtional Tux ___ __ TP-584 Sub total — Notation Spec./Assit. or EA-52 17(County) Sub Total • Spec./Add ___— — EA-5217(State) TOT.MTG.TAX — UD-Deal Town Dual County — R.P.T.S A. 'e ` '� Appointment �; Held for 00 Comm.of Ed. 5. 00 T' Transfer Tax _ $a.0'- — a ' .,—.4,2...4•: Mansion Tax Affidavit '',v104,?7� ..,„-v,,, — The property covered by this mortgage is Certified Copy -- or will be improved by a one or two NYS Surcharge 15. •00faniiiy dwcl'.. n1y. 1:1r:_ -- _ ._-Stab Total— :_ :- - • }._ -- ,'_A -. r(: Other "'.- ItU sc` tax clause on Grand Total -f .r li ,rpt /" c t��oF ,;1umen 4 Dist.1000 14015445 1000 14500 0400 003000 ) 5 Community Preservation Fund Real PropertyPPOLTS EH V11111111111 Consideration aunt $ a 0 5 - Tax Service FZ A a, Agency 23-JUN-1 CPF Tax Due $ a,G 00 Verification '•7� / Improved 6 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD&RETURN TO: - Vacant Land X DANIEL C. ROSS P.O. Box 146 - TD 10 Mattituck, New York 11952 TD j , TD Mail to:Judith A. Pascale, Suffolk County Clerk 7 Title Com.,.an crintiwalation 310 Center Drive,.Riverhead, NY 11901 Co.Name rya T /U/!-Ti'EUtl�J/ —,_ www.suffolkcountyny.gov/clerk _Title# yo yL--_/.2,22.,_5-__ S ' Suffolk County'Recording, &.Indorsement Page _, This page forms part of the attached Bargain and Sale Deed made by: (SPECIFY TYPE OF INSTRUMENT) James-Murray .and--- ;The remises herein is-situated in ii Susan Segur SUFFOLKCOUNTY,-NEW YQR c ,, -._ - - TO In•theTOWN of Southold .`Frank J.,Kelly and Ili the-VILLAGE Elisabeth G. Kelly Laurel _---_- -� or HAMLET of --• - BOXES.6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. 12-0104 IOI08kk r,..,..-.-. OCT S92015 • •CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY ®� APPEALS B® gq $ THIS INDENTURE,made the //7A day of June, 2014 BETWEEN JAMES MURRAY, residing at 1825 Peconic Bay Blvd., Laurel, New York 11948; and SUSAN SEGUR, residing at 826 Oyster Pond Lane, 4trgton, North Carolina, 28411. Minims-eon party of the first part,and ,0436RMrs2_ 4 W;4'•e. FRANK J. KELLY and ELIZABETH G. KELLY,^residing at 12 Bayview Avenue, East Islip, New-Tork ',3:1;730,, party of the second part, WITNESSETH,that the party of the first part,in consideration of 0- dollars paid by the party of the second part,does herebyrgrant and'release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of`land, With the buildingsi and improvements thereon erected, situate, lying and being in the Hamlet of Laurel, Town of Southold, County of Suffolk, State of New York. SEE DESCRIPTION of Sechedule A attached hereto and made a part hereof. BEING AND INTENDED TO BE the same premises conveyed to the party of the first pary by deed dated July 11, 2003 and recorded in the;Office of the Clerk of the County of Suffolk in Liber 12264 of deeds at page 340. 'Sly 3riaoO3 THE LIFE ESTATES.OF James M. Murray and",Emily. A. Surreyhave:been--exti,rigashed by -3 . - - - • TOGETHER with all right,title and"interest, if-any,of the party of the first part in and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part,the heirs or successors and assigns of the party of the second part forever. :0 arty'othe. rst_-•par-t:covenants-that the-party-9f-the,f+rst pa as tiet-dens-et'-stiffiered-anythhing whereby'the Said premises have been encumbered in any way whatever,except as aforesaid. AND the party of the first part, in compliance with Section 13 Of-the-Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the-improVement and will apply the same first to the payment of the cost of the improvement before using any part of the total of,the same for any other - purpose.The word"party"shall be construed as if it read"parties"When ever the sense of this indenture so -requires. IN WITNESS WHEREOF,the party of the first part has duly executed this deed the day and year first above --- IN PRESENCE,:OF: - ' - - - - - ES`'MURt AY - jUA 0,1 17/W1-'2 written. SUSAN SEGUR Standard N.Y.B.T:U.Form 8002=Bargain and Sale-Deed,with-Covenant against Grantor's Acts-Uniform Acknowledgment Gr,rmn9on RECEIVED 0. ott Cik • Fidelity National Title Insurance Company OCT 29 2015G'Sq TITLE NO.F14-7404-94725-SUFF BOARD OF APPEALS SCHEDULE A-1 (Description) Amended ALL that certain plot, piece or parcel of land, situate, lying and being in the Hamlet of Laurel, Town of Southold and State of New York, being more particularly bounded and described as follows: BEGINNING at a concrete monument set on the southerly side of Peconic Bay Boulevard at the northwest corner of the premises herein described adjoining land now or formerly Childs formerly of B. Mesrobian; - _ - RI_IN-ICINCTITEKTer along sakilidd-nOW-oFformeily-of 'Solrth-2-4'ddgr'etg-15'riiinntes-' East,' - 140.54 feet to a concrete monument; ' RUNNING THENCE North 62 degrees 06 minutes East, 9.00 feet to mean high water mark of the channel or Brushes Creek; RUNNING THENCE a tie line course and distance of North 12 degrees 04 minutes 30 seconds West along the mean high water mark of Brushes Creek, 165.08 feet to the southerly side of Peconic Bay Boulevard RUNNING THENCE South 69 degrees 29 minutes West along the southerly side of Peconic Bay Boulevard, 107 00 feet to the monument and point of BEGINNING. - - ' ‘-'•• - .• . , THE POLICY TO BE ISSUED under this commitment will insure the title to such buildings and improvements on the premises which - by.law constitute real-propero,_._—_ POB-CONVEYANdN'd OINTLY-..' Tog ethe r•With all the-riglit, iitle'cin dint irest of the Ply of the first part;of in and io the land lying in iireet In front of andadjoining said premises. SCHEDULE A-:1 (Description) TO BE USED ONL. __JEN THE ACKWbWLEIiGMEN I IS MADE IN NEW YOR cTE, RECEIVED OCT 2 9 2015( qg State of New York,County of Suffolk ss: State of New York,County of sss: On the /3 day of June in the year 2014 On the day of in the yJ OAR* OF APPEALF before me,the undersigned,personally appeared before me,the undersigned,personally appeared James Murray personally known to me or pved to me on the basis of personally known to me or proved to me on the basis of satisfactory evidence to be the individuals)whose name(s) is satisfactory evidence to be the individual(s)whose name(s)is (are)subscribed to the within Instrument and acknowledged to (are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the• capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s),or the person upon behalf of which instrument,the individual(s),or the person upon behalf of which the individual(s)acted,e d the Instrument. the individual(s)acted,executed the instrument. (signature d office of individual taking acknowledgment) (signature and office of individual taking acknowledgment) NOTARY PUBLIC Rob er-l• De Fresh ROBERT DEFRESE (...._ Notary Public State of New York No.01E3E5035117 Ouelifed in Suffolk County Commission Expires October 24,2014 TO BE USED ONLY WHEN THE ACKNOWLEDGMENT IS MADE OUTSIDE NEW YORK STATE State(or District of Columbia,Territory,or Foreign Country)of ss: On the If-r)' day of June in the year 2014 before me,the undersigned,personally appeared Susan Se ur personally known to me or—proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies),and that by his/her/their signature(s)on the Instrument,the individual(s),or the person upon behalf of which the individual(s)acted, executed the Instrument,and that such individual made such appearance before the undersigned In the State of North Carolinain New Hanover County (insert the City or other political subdivision) (and Insert the State or Country or-. er;=ce the ... nowledgment was taken), r — ' __ ' y541 ''',;,P (signature and o'ice. T /...,• h- ri oowli'd grrIer�6, V,Irlllarn E(.iTh,Lsrd-z _..,-. :0�e .a3,y `` til= ''..4:4°' ti BARGAIN AND SALE DEED °'"0.— 4 a � , SECTION t 45-00 +% -9h^,,°t WITH COVENANT AGAINST GRANTOR'S ACTS BLOCK oU•oo " ''"64p„„Its ';•� Title No. F/cl-74dz/-9Y 707S-SoFr LOT oay. COUNTY OR 000 TOWN S u FMK. James Murray and Susan Segur STREET ADDRESS Frank J. Kelly and Elizabeth G. Kelly Recorded at Request of COMMONWEALTH LAND TITLE INSURANCE COMPANY RETURN BY MAIL TO: STANDARD FORM OF NEW YORK BOARD OF TITLE UNDERWRITERS DANIEL C. ROSS Distributed by P.O. Box 146 LandAmerica Mattituck, New York 11946 MI Commonwealth _ _._ Commonwealth Lend Title Insurance Company RESERVE THIS SPACE FOR USE OF RECORDING OFFICE I P Pr9FWED Kee 6i Keegan, Ross & Rosner, LLP e/: i ATTORNEYS AT LAW Thomas J.Keegan Jr. 315Westphalia Avenue Phone»6 1 2 8.1200 '; P3 . 9 Daniel C. Ross Post Office Box 146 Fax>>631.298.4427 Jamie G. Rosner Mattituck, New York 11952 Web»www.keeganlaw.us Thomas J.Keegan(1923-2003) RECEIVED October 29, 2015 OCT 2 9 2015 - ,CARD OF APPEALS Southold Town Zoning Board of Appeals Attention: Leslie Kanes Weisman, Chair Town Hall Annex Building 54375 Route 25 "., P.O. Box 1179 Southold,New York 11971 Re: Appeal of Building Inspector's Notice of Disapproval, dated 8/31/15 Premises: 1900 Great Peconic Bay Blvd., Laurel,New York SCTM: 1000-145-4-3 Appellants: Frank J. Kelly and Elizabeth G. Kelly Dear Ms. Weisman: Herewith please find the original and ten copies of Frank J. Kelly and Elizabeth G. Kelly's Application to the Southold Town Zoning Board of Appeals seeking Reversal of the Building Inspector's Notice of Disapproval dated August 31, 2015. Copies of the Kelly Application for Building Permit and the Building Inspector's Notice of Disapproval, dated 8/31/15, are attached for your ready reference. ly you ' WesternSuffolk Office»Patchogue, NewYork- RECEIVED OCT 292015. f:n SOUTHOLD TOWN ZONING BOARD OF APPEALS APP ALS COUNTY OF SUFFOLK BOARD OF APPLICATION and EXHIBITS of FRANK J. KELLY to the SOUTHOLD TOWN ZBA SEEKING REVERSAL of the BUILDING INSPECTOR'S NOTICE OF DISAPPROVAL, dated AUGUST 31, 2015 Re: Premises: 1900 Great Peconic Bay Blvd., Laurel,New York, SCTM: 1000-145-4-3 Appellants: Frank J. Kelly and Elizabeth G. Kelly KEEGAN & KEEGAN, ROSS & ROSNER,L.L.P. Attorneys for APPELLANTS 315 Westphalia Avenue P.O. Box 146 Mattituck,New York 11952 (631) 298-1200 RECEIVED ; , AA I° t . tILO ,I;. �,y�4' '' i�yrfl ,"04 .�'.^�h�f'tf /�+ r e-. µ,��!/�+� ', - wry, f ` 'yf'6. 1� _` . �7.-',, .-. §-i40‘ ..1.�. 171,0',:° `, 0.,+• ` ,{• 11 ...%, ,,..', •...‘,,9,..4 .,0*- ,,,,..4.-.)t., ..,,,,, ,-,,, -3-'4: ,.. .1 „ 4 ., j 11 4:lfi 1 f•,J �y�,��,,:iil.I �',..,••`,4•.',fi..i;l`li1 . S (1 Il e!e 1 .it.=f rtt(rJrtilil`i}f it..,:,, 1.:..'3 �, Utf.,y,,�) � „7 ttfr.E,a ! si...n � p �.. 1G ,,�•,t- G.ly i�_['.a'd+tT �✓f • ,•♦i','� ,rte,, tti`•.tn .>�.•fi. .•a , '--f'y` y@ 0`i y. p . "i ' 4 Board Of Southold Town Trust1 . ees az,At.-•; • '1 SOUTHOLD, NEW YORK �a b ,,1 f•��'' '' 6205 Se t. 21, 2005 :::: .`t a: p) PERMIT NO. DATE: ,. ._.P _: ,• 43111,,,e... ISSUED TO JAMES MURRAY & SUSANSEGUR % ' •'} .{ •'' .,•� •(�{�' :tilt `' by.4 :A. utt `it ution • S�J, 1, �1.••.' Jpj -4 �r t��..c� J4 ..q t \ • ; 1,,1 a Pursuant to the ,provisions of Chapter 615 of the Laws of , ,..�, the State of New York, 1893; and Chapter 404 of the Laws of the ' )! ;•, r<' . ' York 1952; and the Southold Tor* Ordinance en- , r. State of New '': ' S- $J,�. 1 • ,4 titled "REGULATING AND •THE•PLACING.OF'OBST.RUOTIONS k;«-J , y IN AND ON TOWN WATERS AND PUBLIC LANDS and the k :11' - JJta i- REMOVAL OF SAND, GRAVEL OR OTHER MATERIALS—FROM •� • •..' W'• LANDS UNDER TOWN•WATERS;•.' and in accordance with 'the a —,..+;1 .rs �- . '.'' • F�; Resolution of The Board adopted at a meeting held on ... .g.F.t.„”,:2• '�", A;.~<; :,,:. s'},= ` � ` 2005.,, and in consideration of the sum oft. •1. ,?50.00 paid by 1,41".K; "�' '�� James Murray & Susan Seur ,' � ,, 3ZYt, ir. r� ,y;� Laurel ,,,„• •. N. Y. and subject to the �),I`: Terms and Conditions listed on the reverse side hereof, �,r= • A ' 4,1 ...,,. of Southold Torun Trustees authorizes and permits the following: . , , ' • 1j i Wetland Permit to remove the existing 8',16',67',17`,14',and 38'sections of Umber bulkhead and construct(up to 2'farther landward and 16 w ' l.. r �-� r/ ` higher)+/-6',+/•83',+/-30',and+/-38'sections of wnyl buikheed;remove and replace(InkmdAnplace)existing 8'X 22'timber boat ramp;romove 3 X.�; y .4°.•..::'''j # 9'wood walk;remove and replace(and raise 18")existing 3'X 14'wood walk and 10'X 17'fixed dock;remove existing 3'walkway along bulkhead i 'and construct(up to 2'farther landward and 5'higher)4'walkway along new bulkhead;and dredge approx.335 cy.of sand spoil from area up to , e, `V.; 32'seaward of new bulkhead to a maximum depth of—3'ALW,approx.40 cy.of which will be used on•site as backfill and 295 cyrof which will be t ,, • 3 trucked off-site to an approved upland source,with the condition a turbidity screen Is installed before any activity begins,and all as depicted on the t`, r\ 7 .f r ✓ r ..\plan prepared by En-Consultants,Inc.last dated September 6,2005. • .7••'„•:• ' all in accordance with the'detailed specifications as presented in �,t, =r �ea •••4-1 i �"e ' • o. the originating application. , ` • IN WITNESS WHEREOF, The said Board of Trustees Dere- • ,; I () by causes its Corporate Seal to be affixed, and these resents to Vie•. p ,.; be subscribed by a majority of the said Board as of this data. j" ?„y T)l.Y I///r/IIID. • ./ ,� 14W "1y 4� ® �V PvtG 1yy r Ti'-1 y t\% +: t- l ` 7 , ^cis i • ' :0'' , L/ rte/ ':;:2..,:it:,....y:N.,:::..\"fre`•••••—• 4 k:, ,v.,:tri,......„t.. "14 i l `�'tp err - rrutces >tr • ' ,r,L'► ��•iii rid " Y r 1 1 .}, /rl '� 4 .• ft111 7 t! f,! �t 1Ie . /, '\' + f e.) /Ic ti fq Jr. •.,'1� if .,�' t (} G , f} ♦ 1 J ,-,,,,,,v, f `� 1 �' � 11;t • r 1�.a,1 Zf�+ ' flfl�1S��� ' .#e 1 4 ♦ ! "r'''}!e moi? �c. 4114 f I ♦'f1 ? l s 1 = i \ y�g s �• f '+'•."':It 'Y�� tt; .Y • r" ��C±+.� i't a'•'��.1..� r ��'•r",-).•,.:1"41%.... t�Tz � '! � is �� , �( ... „i �/! r� r. • �- a f' e t w,f..N� �)� •. •-.. ,x Y ,. .ftp•• �7�" r • iii ( r.-- • , . , . . . • . . • .. . , .ti'irl.ra VIA–*nt's,,,•,7Ye..fa',•,.A 1.4.4fANairt•fil.4•de•nedel.44.'re../....fa.../.14,,*..*4.4 4,41.4 .„t , ,., taa•.,Nr1-1 .,4,,.rii. Ve .44;4 .....,,,,r,t;;,,,,.,,, :?.f. • . . • . . •":;., . t. .t.-.• :i'... ' * • , . ,, . k.: - .-::•.; . RECEIVED TERMS and CONDITIONS OCT'2 9 2015 • •ii• .•,a••: • . . ,..1.„ -4, • • ,,,w: • BOARD OF APPEALS •,;,..••• ,ii.r • ir," .,-..,• James Murray & Susan Segur . rig Perolittee :.:E1 ., • it; LI • 190p Peconic Bay Blvd. , LaurelNY - , ..,,r• . ss,... = of the conSideration for the issuance of the Permit does understand and prescribe to the 1.7. ' 143vat*: •;,•••• itte• •; • . ;it, -1 1. That the said -Board of Trustees and.the Town of Southold are released -from any and ,.. ,I' au,41Amages, oc dairns for-damages, of sults srising-dittedy,or indirectly as a result of any oper- le.: idea'performed..purstiant--40;this....perat, .a.lA. ..th.P..0. other 0Wfl c3:Ptaset' : • ' •'•• •4• .. . '=.". defend Any and ill such suitCini'tiated-by third vides, and the said-reirnittee assumes full liability I Ei. •.,1 5 • with respect thereto, to-dteomplett'exclosion of the Board of TruStees,of the Tow-12,o( Southold .--- - ':-•.1;- :II .. . . 't....c... A' 2. That, tiii's Pertai't is valid-for a period of _Lill:— otos. which, is edusideted to be the- estimated time'required to coinplete the work'involved,but 'should rift:tin:ounces warrant, request• ...ti,-...- , 1,1 for an extension may be made to the Poard at a ,later dam , 3. That this 'Permit should'be retained indefinitely, or as long as the said Permittee w,ishes 44t-E: . ,•_• to'maintain the structure or project' involved, to provide evidence to anyone concerned that *nth- . f."., -= ... prizadon was originally obtained. :• 'I .• .: , . . , g I 4. That the work involved will be subject to the -inspection and approval of -the Board or ril: .... ..1 .t-:• . i its 'agents, and aim-compliance with the provisions of the origit'iating application, maybe cause-for • .1.- - .-:. ,,i-.•• •i . revocation of this Permit by 'resolution of the said Board. ,. • ..: ,',-:• , ,. ... _ :-.... . 5. That there will be no unreasonable interference with navigation, as a result of the wodc ...,.. herein atithorked. • ,a :-1•'- • . - •-11:i a 'i it;ti A .., . ...4. 6. That there shall be no'interference with the right Of :the public- to pass and repass along . . , .,tr,-• VI ' the beach betWeettiligh and low water:marks. r.-..- • ;I 7. That if future operations of the Town of Southold require the.removal and/or attentions • If.lit.•'''; 4.1 In,the location of the work-herein ttudtorized, or lf, in the opinion of•the.Board of Trustees,the.. ... :•„.-„El • !: work-shall cause unreasonable obstruction to free navigation, the.said Permittee will be requited, . - -,.‘,-,.:• 'It -1 try tipoadue notke,to remove or alter this wodi or project herein stated without impulses to the Town. - .. ;F. A, - . • tifitalthOld: • - ;IV • • 151: j -*. - • , . ilf,., That the said Board will be notified by the Permittee or the completion.bf the work*nth- ; - i•-•••:. I., , adze& • . i g; 4 • • ' • .. .. ?.. 9. That the Tettnittee 'will -obtain all other permits and consents that may be required sup. • : ‘1. • i.- .. -2- • plemental to,this permit which way he subject to revoke upon failure to obtain same. • 1--. • ,..;• • 41''- 611 . • • .. ,51 • , . . • . . . • . i' . .. •• . .. • . i ,l-,..• , •••41 • , •• • • 1 .• :;...1 ,g •I • .• , N,r.194V.IIP,;;A:4‘.I.T.W.V.,...941'.?,TAI.,g,t‘LANO;;"•41!,,,,s,w.,..,;;k*,,*•,•,4•"04,174.,‘,4:.,•,,,;;Iviagge...;"vtiV.?-'109/::1,4".P.I.,)V.I94::1*.pINAV•sIn..004..‘1•010:01)4',M8t1/4qIi,,L4.10i,w...;•,it,r.1/,.: 1,:,:11P,T.11:4k!,...V8.1• •••?•, . , , 3 ' A. 0--,L w - E. +�y Note : 51TECACCe55VlA ' 4 " '` jl1) %pose:Ma�nta'n marirnaa's existrna erosion 5Ut3..irCT PROPERTY fi' 4�, it ccntrd struetice ad dockage facilities asci Pr'�15 5 C EK) '' a'1 . `�'t" .:^' . ! 2) ratan:Pt.W '17%.*: � ;� 5 dk Co,Nagstrnm M�2t �) New txJkhead sheat}iwq to be vial:�I timber g' Q \ • 1.,,,,,Vp, a i :: 1 e ppp.to!,v"CGA-treated e.` : t,:.;:,"!4 1:',. ."r � ;,y. �'Z,���,��,�•,-. 4)To,�d cn of 1aikh !to be raised 18n: .4,1: �" • iiwkwal to be raised 5" 5)Area up to 52'off r>rw bulkheadto be dredaed via c13 ` r // clartshell ln>rket mase(fran subject pzrcd) b b q g . to a max,depth of-5'R1-W 1" 6) Of Tyrol..555.cgsaid spoil,appox.IOut 6 ECEIVED ;I spot to be used as Leda,aid rema�niia beckf�l \I 0:(d to be trucked offsite to al approved uplaid lxattai \AP, E 1) Property{laation:1900 Pecaiic 13ai OWevard, c30 .1i1446;/ ° 3 0 C T 2 9 2015 j Laird,SCTM 1000-1�1h-�T-3 C2)0'\J 0.•t°Q' !;�iiko'" 6 1; TUC;N TO E I.i�,lCP(IP) 1 r`� �, „wk.,,:�; `A'1T�:6'f T1.T1(11:j N!kR8OARD OF APPEALS ' eco \0� k' ,.,A- .;•A1'MP TO 0_.T;8.num J,l , _ t 7,Q'7012 WPi.I;TO Gr 1 GE RePLPLi P A'� I — kxtv"1VEP 'M71NWFROM8'TOI0.' t , +c PROP, +,6'ANC..5P -� r -(-,,e�/ EXrFN N TO RETU g'1 • j l.ltMI1 Or AWA1�O M 1 1 EX.I6' &67`5EC11C 15 GT q i Pl t2C+1 P TO A M/X o } TlivM P 31.T,K1 tAl2 TO Et RRMOVVn 61,:i , . , it 7EPiH Or-5iPLW i` cp, &Rl;?1-PCW Mai 83 VIM D1.1.K1At7 ' I< (-,.a9 ' ' : UP TO 2'LANPFlVARI'I AN1718"110fP = ,• '% �2' m I EX.5'WA.KWAY T013E 1 tjO\'W& , - t, '41r I yg r eri,AaP WITH 5' -41'WiLKWAY : . r' co ' E s3 A9J,T0.NEW OU.KPEAP(5,"1-3,0-IZ)•. -1' r EX PIE t�)) : N ANZ'i tzr / ' (-L) f 1" _ 30' III f ` (-,°'Y .►tf : x•2' ��' P1OPO P Pi' '1 ¢ ' eX.witKTD PLAflaa.,M&(/2) 4'X5'! DE REs4"s�1VEP I . " ' p 591R5 TO WApKWAY I w J 1 A) l"/. (-ts) 1 I, EX.17' &la'`fa-110145 Of '•� Iiii 1- I 41�+e l 11 P,51141 A9 TO 13E MOVED s/``' !w - ,_ &ratX.CP IMM 50'VINMs,al,Xi-RAl7 /. . c•r�` /` (-,4 I LP f0 2'LPNNWAti12 ANP 18"}1C K L7 rf!' a EX,10'X I 'POCK TO OE I '3° �. r...,.-,...,,, ,. (_,a? T• MOVrP ANP k h1,P 12 I / wrni k' 17'%CTION Of WALK EX.'8''`eCT10N{?I`71,'v~E'?;t31LK1tA1?f0 I ( 0E.MMOVEP rW MPLPPP(IN-FLACI) , . (—,•y7 _y 11I WTri VINYL 6,L Kit AA(P.AlSEP 18'H! 1}) (-la) (ll 1 1 8)Plat anended 10.17-05 to shoe distares frau I pole•to&Mead tonus ad add cross-section of 'V'� 1.._ end sectio of kikheed beim replied it-place: jI m cliaiaes to project desrgi a cue m PROPOS 17 PMPGING ANI?RSMOVAL ANI? 9) Plan an:.Itled$-27-06 to widen boat ramp&extend rekm LANPWAt I2 REPLAC�M1Nr OF 6XI5flNG I P1 LKI AP, POCK,WALKWAY5,ANP 130K 3 EN-CONSULTANTS INC. RAMP FO JA/e5 MU AY& 5U5AN S�GUI? 'I 1319 NORTH SEA Rd, At MARINA FACILIV ON f U51f5 CRe K, 631 ON, N.Y. 11968 LAU L, SUFFOLK COUNTY, NY j€ it I OF 3 1/20/05,2/17/05,9/6/05. 631-28833--6363 60 F10/17/05,12/1'5/05.4/27/06 ;1 1! Albert J.Krupski,President ��®� SOf1, Town Hall James King,Vice-President � �U l® ; 53095 Route 25 Artie Fosterr P.O.Box 1179 z 4 Southold,New York 11971-0959 Ken Poliwoda 1. Peggy A.Dickerson ?G � &1z: 1� "(b//,\ ,� _ �1 Telephone(631)765-1892 eOUNT� " Fax(631)765-6641 BOARD OF TOWN TRUSTEES RECEIVED TOWN OF SOUTHOLD OCT 292015 September 21, 2005 BOARD OF APPEALS Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Rd. Southampton, NY 11968 RE: JAMES MURRAY & SUSAN SEGUR 1900 PECONIC BAY BLVD., LAUREL SCTM#145-4-3 Dear Mr. Herrmann: The Board of Town Trustees took the following action during its regular meeting held on Wed., September 21, 2005 regarding the above matter: WHEREAS, En-Consultants, Inc. on behalf of JAMES MURRAY & SUSAN SEGUR applied to the Southold Town Trustees for a permit under the provisions of Chapter 97 of the Southold Town Code, the Wetland Ordinance of the Town of Southold, application dated January 27, 2005 and, WHEREAS, said application was referred to the Southold Town Conservation Advisory Council for their findings and recommendations, and, WHEREAS, a Public Hearing was held by the Town Trustees with respect to said application on September 21, 2005, at which time all interested persons were given an opportunity to be heard, and, WHEREAS, the Board members have personally viewed and are familiar with the premises in question and the surrounding area, and, WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and, &(32RECEIVE 2 OCT 292015 BOARD OF APPEALS WHEREAS, the structure complies with the standards set forth in Chapter 97 of the Southold Town Code, WHEREAS, the Board has determined that the project as proposed will not affect the health, safety and general welfare of the people of the town, NOW THEREFORE BE IT, RESOLVED, that the Board of Trustees approve the application of JAMES MURRAY & SUSAN SEGUR to remove the existing 8', 16', 67', 17', 14', and 38' sections of timber bulkhead,and construct (up to 2' farther,landward and 18" higher) +/-6', +/-83', +/-30', and +/-38' sections of vinyl bulkhead; remove and replace (inkind/inplace) existing 8'X 22' timber boat ramp; remove 3'X 9' wood walk; remove and replace (and raise 18") existing 3'X 14' wood walk and 1'0'X 17' fixed dock; remove existing 3' walkway along bulkhead and construct (up to 2' farther landward and 5" higher)4' walkway along new bulkhead; and dredge approx. 335 cy. of sand spoil from area up to 32' seaward of new bulkhead to a maximum depth of—3'ALW, approx. 40 cy. of which will be used on-site as backfill and 295 cy. of which will be trucked off-site to an approved upland source, with the condition a turbidity screen is installed before any activity begins, and all as depicted on the plan prepared by En-Consultants, Inc. last dated September 6, 2005. Permit to construct and complete project will expire two years from the date the permit is signed. Fees must be paid, if applicable, and permit issued within six'months of the date of this notification. Inspections are required at a fee of$50.00 per inspection. (See attached schedule.) Fees: $50.00 Very trul, yours, 49f 0-41 fes.., P Albert J. Krupski, Jr., President Board of Trustees AJK/Ims Albert J.Krupski,President Town Hall James King,Vice-President /"iORA' �� � � 53095•Route 25 Artie Foster P.O.°. �G ``� P.O.Box 1179 Ken Poliwoda ��� f° • $ Southold,New York 11971-0959 Peggy A. Dickerson t Telephone(631) 765-1892 Fax(631) 765-1366 $�®1 .r �p�1,�' RECEIVED BOARD OF TOWN TRUSTEES OCT 2 9 2015 TOWN OF SOUTHOLD 09 BOARD OF APPEALS YOU ARE REQUIRED TO CONTACT THE OFFICE OF THE BOARD OF TRUSTEES 72 HOURS PRIOR TO COMMENCEMENT OF THE WORK, TO MAKE AN APPOINTMENT FOR A PRE-CONSTRUCTION INSPECTION. FAILURE TO DO SO SHALL BE CONSIDERED A VIOLATION AND POSSIBLE REVOCATION OF THE PERMIT. INSPECTION SCHEDULE Pre-construction, hay bale line 1St day of construction '/z constructed v/ Project complete, compliance inspection. RECEIVED .0, ��'��f/'�SO -.. OCT 9 20151 fgq 9 James F.King,President �i �,® UI�® Town Hall 6 Jill M.Doherty,Vice-President ���Q � �� 53095 "7) BARD OF APPEALS �, oN,,; ` P.O.Box 1179 Peggy A.Dickerson ''' , tie ; Southold,New York 11971-0959 Dave.Bergen ;S Telephone(631)765-1892 7ohnHolzapfel `,..,...4t ,„, ... • ��� p �D� �i� Fax(631)765-6641 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD May 17, 2006 Mr. Robert E. Herrmann En-Consultants, Inc. 1319 North Sea Road Southampton, NY 11968 RE: JAMES MURRAY 1900 PECONIC BAY BOULEVARD, LAUREL SCTM# 145-4-3 Dear Mr. Herrmann: The following action was taken by the Southold Town Board of Trustees at their Regular Meeting held on Wednesday, May 17, 2006: RESOLVED, that the Southold Town Board of Trustees APPROVE the Amendment to Permit#6205 to expand the width of a boat ramp from 8'to 10' and add 8' angled extension to return as per plans prepared by En-Consultants, Inc. amended 4/27/06. This is not a determination from any other agency. If you have any questions, please call our office at (631) 765-1.892. Sincerely, (144*"-1 0 James F. ing President, Board of Trustees JFK/hkc . New York State Department of Environmental Conservation Division of Environmental Permits, Region One , . Building 40-SUNY, Stony Brook, New York 11790-2356 Phone: (631)444-0365 FAX: (631)444-0360 = .?" Website:www.dec.state.ny.us Denise M.Sheehan Acting Commissioner January 20, 2006 RECEIVED James Murray&Susan Segur PO Box 305OCT 2 2015 Laurel,NY 11948 Re: ,Permit#1-4738-00542/00003 BO ARD OF p,PPEM-5 Dear Permittee: In conformance with the requirements of the State Uniform Procedures Act(Article 70, ECL) and its implementing regulations (6NYCRR,Part 621)we are enclosing your permit. Please carefully read all permit conditions and special permit conditions contained in the permit to ensure compliance during the term of the permit. If you are unable to comply with any conditions,please contact us at the above address. Also enclosed is a permit sign which is to be conspicuously posted at the project site and protected from the weather. Sincerely, \LkiviA, atitlrv�— Lany Cowden Environmental Analyst • cc: En-Consultants,Inc. file . RECEIVED A. NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OCT 9 � � DEC PERMIT NUMBER 1 EFFECTIVE DATE 1-4738-00542/00003, January20, 2006 BOARD OF APPEALS FACILITY/PROGRAM NUMBER(S) PERMIT EXPIRATION DATE(S) Under the Environmental January 20, 2011 Conservation Law TYPE OF PERMIT l3 New 0 Renewal 0 Modification 0 Permit to Construct 0 Permit to Operate FM Article 15,Title 5•Protection of Waters 0 Article 17,Titles 7,8:SPDES 0 Article 27,Title 9; 6NYCRR 373: Hazardous Waste Management O Article 15,Title 15:Water Supply 0 Article 19:Air Pollution Control 0 Article 34:Coastal Erosion ❑ Article 15,Title,15:Water Transport 0 Article 23,Title 27:Mined Land Management Reclamation ❑ Article 15,Title 15:Long Island Wells 0 Article 36: Floodplain Management 0 Article 24:Freshwater Wetlands ❑ Article 15,Title 27: Wild,Scenic'and 0 Articles 1,3,17, 19, 27,37;6NYCRR Recreational Rivers 11 Article 25:Tidal Wetlands 380: Radiation Control 6NYCRR 608:Water Quality Certifica- 0 Article 27,Title 7; 6NYCRR 360: tion Solid Waste Management PERMIT ISSUED TO TELEPHONE NUMBER James Murray&Susan Segur ADDRESS OF PERMITTEE PO Box 305 CONTACT PERSON FOR PERMITTED WORK TELEPHONE NUMBER En-Consultants 631-283-6360 NAME AND ADDRESS OF PROJECT/FACILITY Murray Property 1900 Peconic Bay Blvd COUNTY TOWN WATERCOURSE NYTM COORDINATES Suffolk Southold Brushes Creek E: N: DESCRIPTION OF AUTHORIZED ACTIVITY: Reconstruct 38 linear ft, of bulkhead in-place, reconstruct 113 linear ft, of bulkhead with vinyl bulkhead up to'2'landward and 18" higher in elevation, remove existing 10'x17' platform and replace with 4'x17' platform and stairs, reconstruct boat ramp, remove and replace existing walkways, replace 8' return with a 6' return 18" higher in elevation, dredge designated area to maximum depth of-3' average low water, and backfill new bulkhead. All work is•to be done in accordance with the attached plans stamped NYSDEC approved on 1/20/2006. By acceptance of this permit, the permittee agrees that the permit is contingent upon strict compliance with the ECL, all applicable regulations, the General Conditions specified and any Special Conditions included as part of this' 'permit. PERMIT ADMINISTRATOR: ADDRESS Region 1 Headquarters Mark Carrara SUNY Bid.. #40, Ston Brook, NY 11790-2356 AUTHORIZED SIGNATURE DATE // January 20,2006 Page 1 of 5 RECEIVED • NEW YORK S i M i c DEPARTMENT OF ENVIRONMENTAL CONSERVATIONOCT RA lV Y C ✓ 1 2-015 SPECIAL.CONDITIONS BOARD OF APPEALS 1. Any debris or excess material from construction of this project shall be completely removed from the adjacent area (upland)and removed to an approved upland area for disposal. No debris is permitted in tidal wetlands and or protected buffer areas. 2. There shall be no disturbance to vegetated tidal wetlands or protected buffer areas as a result of the permitted activity. 3. All peripheral berms,cofferdams, rock revetments,seawalls, gabions, bulkheads etc.shall be-completed prior to placement of any fill material behind such structures. 4. Prior to any construction or removal of bulkheads and other shoreline stabilization structures all backfill shall be excavated landward of the bulkhead and retained so as not to enter the waterway,tidal Wetland,or protected buffer area. 5. There shall be no discharge of runoff or other effluent over or through any bulkhead or shoreline stabilization structure or into any tidal wetland or adjacent-area, 6. All disturbed areas where soil will be temporarily exposed or stockpiled for longer than one (1) week shall be contained by a continuous line of staked hay bales/silt curtain (or other NYSDEC approved method) placed on the seaward side between the fill and wetland or protected buffer area. Tarps are authorized to supplement these approved methods. 7. All fill shall consist of"clean"send,gravel, or soil (ndt asphalt,flyash, broken concrete or demolition debris). 8. Dock or timber catwalk shall not exceed 4 feet in width and shall be a minimum,of 3%2 feet above grade*over tidal wetland areas (*as measured from ground to bottom of dock sheathing). 9, Installation of additional docks at marinas,boat basins,or other commercial facilities is not authorized by this permit. 10. All repairs to existing structures shall be confined to replacement of existing elements with no change in design,, dimension,or materials, unless specifically authorized herein. 11. No permanent structures may be installed on-dock/catwalk/float without first obtaining written Department approval (permit, modification, or amendment). 1'2. Pilings may not: (a)extend beyond property lines, (b)be placed so that docked boats extend over property lines, (c) interfere with navigation, (d)-interfere with other landowners riparian rights. 13. No structures are to be constructed on pilings withoutfurther authorization of the Department. DEC PERMIT NUMBER PAGE 2 of 5 1-4738-00542/00003 RECEIVED NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION SPECIAL CONDITIONS OCT 2 9 20156 riga BOARD OF APPEALS 14. All dredged material shall be disposed on an approved upland site and be retained so as to not re-enter any water body, tidal wetland or protected buffer area. 15. During the dredging operation,the permittee and his contractor shall prevent spillage of sediment during excavation and haulage. Dredging shall be accomplished with a clam shell or other closed"bucket"equipment. 16. Excavated sediments shall be placed directly into the approved disposal site or conveyance vehicle. No sidecasting (double dipping)or temporary storage of dredge material is authorized. 17. The use of a dragline for dredging is strictly prohibited. 18. Within 30 days of completion of dredging operation,a dredged depth survey of the dredged area shall be submitted to the Region 1 Bureau of Marine Habitat Protection, SUNY Building 40, Stony Brook, NY 11790-2356. Attention: Compliance DEC PERMIT NUMBER PAGE 3 OF 5 1'-4722-01606/00003 RECEIVED NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION OCT 2 9 2015 6 Ui O NOTIFICATION OF OTHER PERMITTEE OBLIGATIONS Item A: Permittee Accepts Legal Responsibility and Agrees to Indemnification BOARDa�F APPEALS The permittee, excepting state or federal agencies, expressly agrees to indemnify and hold harmless Department of Environmental-Conservation of the State of New York,its representatives,employees,and agents"("DEC")for all claims, suits,actions,and damages,to the extent attributable to the permittee's acts or omissions in connection with,or operation and maintenance of, the facility or facilities authorized by the permit whether in compliance or not in compliance'with the terms and conditions of the permit. This ind'emnification does not extend to any claims,suits,actions, or damages to the extent attributable to,DEC's own negligent or intentional acts or omissions, or to any claims, suits, or actions naming the DEC and arising under Article 78 of the New York Civil Practice Laws and Rules or any citizen suit or civil rights provision under federal or state laws. Item B: Permittee's Contractors to Comply with Permit The permittee is responsible for informing its independent contractors, employees, agents and assigns of their responsibility to comply with this permit, including all special conditions while acting as the permittee's agent with respect to the permitted activities, and such persons shall be subject to the same sanctions for violations of the Environmental Conservation Law as those prescribed forthe permittee. Item C: Permittee Responsible for Obtaining Other Required Permits The permittee is responsible for obtaining any other permits, approvals, lands, easements and rights-of-way that may be required to carry out the activities that are authorized by this permit. Item-D: No Right to Trespass or Interfere with Riparian Rights This permit does not convey to the permittee any right to trespass upon the lands or interfere with the riparian rights of others in order to perform the permitted work nor does it authorize the impairment of any rights,title, or interest in real or personal property held or vested,in a person not a party'to the permit. GENERAL CONDITIONS General Condition 1: Facility Inspection by the Department' The permitted site or facility, including relevant records,is subject to inspection at reasonable hours and intervals by an authorized representative of the Department of Environmental Conservation (the Department)to determine whether the permittee is complying with this permit and the ECL.Such representative may order the work suspended pursuant to ECL 71-0301 and SAPA 401(3). The permittee shall provide a person to accompany the Department's representative during an inspection to the permit area when requested by the Department. A copy of this permit, including all referenced maps, drawings and special conditions, must be available for inspection by the Department at all times at the project site or facility. Failure to produce a copy of the permit upon request by a Department representative is a violation of this permit. General Condition 2: Relationship of this Permit to Other Department Orders and Determinations Unless expressly provided for by the Department, issuance of this permit does not modify, supersede or rescind any order or determination previously issued by the Department or any of the terms,conditions or requirements contained in such order or determination. General Condition 3: Applications for Permit Renewals or Modifications The permittee must submit a separate written application to the Department for renewal,modification or transfer of this permit. Such application must include any forms or supplemental information the Department requires. Any renewal, modification or transfer granted by the Department must be in writing. The permittee must submit a renewal application at least: a) 180 days before expiration of permits for State Pollutant Discharge Elimination System (SPDES), Hazardous Waste Management Facilities (HWMF), major Air Pollution Control (APC) and Solid Waste Management Facilities (SWMF); and b) 30 days before expiration of all other permit types. Submission of applications for permit renewal or modification are to be submitted to: NYSDEC Regional Permit Administrator, Region 1, SUNY Bldg#40, Stony Brook NY 11790-2356 General Condition 4: Permit Modifications,Suspensions and Revocations by the Department The Department reserves the right to modify,suspend or revoke this permit in accordance with 6 NYCRR Part 621. The grounds for modification, suspension or revocation include: a) materially false or inaccurate statements in the permit application or supporting papers; b) failure by-the permittee to comply with any terms or conditions of the.permit; c) exceeding the scope of the project as described,in the permit application; d) newly discovered material information or a material change in environmental conditions,relevant technology or applicable law or regulations since the issuance of-the existing permit; é) noncompliance with previously issued permit conditions, orders of the commissioner, any provisions of the Environmental Conservation Law or regulations of the Department related to the permitted activity. DEC PERMIT NUMBER PAGE 4 OF 5 1-4738-00542/00003 NEW YORK STATE,DEPARTMENT OF ENVIRONMENTAL CONSERVATION ADDITIONAL GENERAL CONDITIONS FOR ARTICLES 15 (TITLE 5), 24,25, 34 AND 6NYCRR PART 608 (TIDAL WETLANDS) 1. If future operations by the State of New York require an alteration in the position of the structure or work herein authorized, or if, in the opinion of the Department of Environmental Conservation it shall cause unreasonable obstruction to the free navigation of said waters or flood flows or endanger the health,safety or welfare of the people of the State, or cause loss or destruction of the natural resources of the State, the owner may be ordered by the Department to remove or alter the structural work,obstructions,or hazards caused thereby without expense to the State,and if, upon the expiration or revocation of this permit,the structure,fill,excavation,or other modification of the watercourse hereby authorized shall not be completed',the owners,shall,without expense to the State,and to such extent and in such time and.manner as the Department of Environmental Conservation may require,remove all or any portion of the uncompleted structure or fill and restore to its former condition the navigable and flood capacity of the watercourse. No claim shall be made against the State of New York on account of any such removal or alteration. 2. The State of New York shall in no case be liable for any damage or injury to the,structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation,or for other purposes,and no claim or right to compensation shall accrue from any such damage. 3. All necessary precautions shall be taken to preclude contamination of any wetland or waterway by suspended solids, sediments, fuels, solvents, lubricants, epoxy coatings, paints, concrete, leachate or any other environmentally deleterious materials associated with,the project. 4. Any material dredged in the conduct of the work herein permitted shall be removed evenly, without leaving large refuse piles, ridges across'or along the bed of a waterway or floodplain, deposits within any regulatory floodway, or deep holes,that may have a tendency to cause damage to navigable channels or to the banks of a waterway. 5. There shall be no unreasonable interference with navigation by the work herein authorized. 6. If upon the expiration or revocation of this permit, the project hereby authorized has not been completed, the applicant shall,without expense to the State, and to such extent and in such time and manner as the Department of Environmental Conservation may require,remove all or any portion of the uncompleted structure or fill and restore the site to its former condition. No claim shall be made against the State of New York on account of any such removal or-alteration. 7. If granted 'under 6NYCRR Part 608, the NYS Department of Environmental Conservation'hereby°certifies that the subject project will not contravene effluent limitations or other limitations or standards under Sections 301,302,303, 306 and 307 of the Clean Water Act of 1977(PL 95-217) provided that all of the conditions listed herein are met. 8. At least 48 hours prior to commencement of the project,the permittee and contractor shall sign and return the top portion of the enclosed notification form certifying that they are fully aware of and understand all terms and conditions of this permit. Within 30 days of completion of project, the bottom portion of the form must also be signed and returned, along with photographs of the completed work and, if required, a survey. 9. All activities authorized by this permit must be in strict conformance with the approved plans submitted by the applicant or his agent as part of the permit application. Such approved plans were prepared by En-Consultants, Inc. last revised on 12-13-05. DEC PERMIT NUMBER PAGES OF 5 1-4738-00542/00003 RECEIVED T61/2 OCT 292015 BOARD OF APPEALS . , ; . . , • . ' .. , , 1) Porivse:,Maintain marina's exi5ting erosion rt A .i.. • ' - 404,ttni1474: li,'. 'i-t T %I-? ` L. ,,,. li34,041)11A`t,011,1,1 ccntrd structure and dockao,e fxilttie5 5n(ACa55-V1A t <74. ., .•w• IT1144 is'104 ''.01`f 2) Patum:AL.W 5113XCTIVOPERTY ' A , i",j4j'A)ti' . 1,1* ' :y1t12111,144 ,) New bulkhead sheathing to be vinql;all timber . and 13114t5 C..ZK) (8‘ti„ 4.' .,,.il- ) 1141 /f,1..,• Elr 4.A: to be CCA-treated 4) fop elevation of bulkhead to be raised 18"; Suffolk Co,1-lagstr•—om Map 26 wakwaq to be raised 5" Cl.8 k \ '''': A VOAlit,„.,,!.".7,..5q.C),91, ,v4 , .. .,, 5) Area up to 52off new bulkhead to be dredged via 1 i,‘' •_ ..i., Vfh 4 clamshell bucket crane(from subject parcel) , 'i, RECEIVED 4, to a max.depth of-5'ALW 6) Of' proA.555 cii said spoil,approx.40 cq 1; .•s; 5poil to be used as backfill,aid remaining backfill ri <, OCT 2 9 201562q 9 to be trucked offsite to al approved uplald location AN)' i 7) Property location: 1900 reconic 13aq 13culeva-d, barel,5CTM 1000-145-4-5 - BOARD OF APPEALS 8) Plal amended 10-11-05 to show distances from \I pole to bulkhead comers'aicl add cross-section of 'e 00\e 0,': -7) Iv (-Iv) end sections of bulkhead being replaced in-place; °.'? I 4113 403,. 4,V1.07 no cliaties to project desicri a-scope c3(3' ' co. 1 8' f: TUI:IV TO pe q i' ACH2 x 29:‘ l-; \MITI 6' mit.EN(1." 1-1161-EE) ? eG- \A-1 • ' Vc -8' y9OP WALK TO 13 . r _ --------------:X.130AT VAMP kt MOVN2 ------ keno TO n VEPLAa12 ....' .,..,.....1..::// 2(..,0II ii ::._ .. .... . ..../ i 52, (-1.0 :„.. / 5 DC 16' &67' CT101\15 OF p ., ..• ... i LIMIT OF AI:tA JO 13F j T1M131:131.11.aAP TO 13f 1: MOVI2 % '''..,. i 12MVG12 TO/;IMAX. i‘S .,...., &MPLAa12 WIThl 85' VINYL PILK1-EAP ("S' ..•• „ii.... i 12p-rH or_yipoN ax, .,..„, UP TO 2'LANIMAR19 AN12 18" 1-1161-1E ...4t..:..:,,71 ,' igc2'? X.5' WALKWAY TO M MMOVH9& t 2-..?...Ti ii (-1.21------1/ ll 16,1._ IT•PLACN2 WIT1-1 5' -4'WALKWAY • ., / ! $' At2.1 TO Nng EXILKI-tA0(5" 1-1161-fR).. '1 1 i X.P11,- (1W.) .: 9-\"0 ' .:: / 1./ .i ll (-1.5.):f 03 k 141 1" = 30 i/ 41 : • 2.'.• A ,1„91::01'012 4' 4' , , 1-1 .X,WALK TO l' . • f ,LATFOIN&(I2) 4 X 5 i: r.3 mmowp . ...' • 1 j 5fAlr5 TO WAAWAY • ' 1;., .. k)itNit ik"' (-1.8.) l' FX.17' & 14' 5C-110N5 OF •otellilivn ik / ^al 1 1..11:3 C)-4; -rim3r:1310E/42 TO I3t tmovN9 Al2 P•,.1,. 0 ' •• - UP 102' LANIVAT:12 ANP'18" HIGI-EP •• • 7 ---1,) I .°'' f .• 7'.. - mmovn ANI2 rri_Acn2 ..•_7 4, (, a wim 4' 17' 5CT1ON OF ALK .• ... ' FX.58' SECTION OF iimpa;puartar)TO 1 :. .: :. i..c E3 g-MOVP A1\112 ITPLACN2(1N-PLACO 4. i•... ...•...., i (-15') -..Y WV VINYL PIKI-EA12(k'Al5N2 18"1-11a-E ) 9,-- .. • . 1.21 . (1) • I . (i) Nysot20 . r•r'- 0 VED AS PM •L'z'.:-%'SMO i ._-•••CONDM ,,',1,-,. I= .---- ‘Iit_l — • -1,b5/ 1161'2601 F- tl 0 0) a) MTE . AtOlt • . _c . - ,-....-1,0-iv, —,, • s 0 co _ PkOP0512 PMP6ING ANP MMOVAL ANP L.. EN-CONSULTANTS, INC. cc) LANPWMP IVLACMFNT OF X15-1ING 13LILKFtAP„ POCK, WALKWAY5, ANP 130AT 1319 \ORTH SEA ROAD kAMP FOk JAM5 MUMAY & SUSAN 5411: SOUTHAMPTON, NY 11968 . AT MARINA FACILITY ON 131;1U5H5 CK, 631-283-6360 LAUla, SUFFOLK COUNTY, NY 12--0-0 51-t1"I Or 3 I/20/05,2/17/05,9/b!05,10/17/05 RECPT.d ED r • OCT 2 9 2015 00 , NIS DEC , ll vPPRw D . PER TERMS \ND CONDMONS OF 'ERM$t : , _OOE yW bGb 0.. BOAR® OF APPEALS )ATE 1 ti . GI , r t 5C-110N '1-IU PRO1I05[;P LANPWpP 1 �I9LACFMFN1'C ANP FAI5ING) OF 13UL -I;Al2 & WALKWAY, I:FMOVAL OF 2OCK, ANP fl Op05FI7 rkt12GING 5CAr :I" 10' WALKWAY 10 POCK TO 6r PCMOVEP ra--9'—� FIXrP POCK TO 6r MMOVrP&r nLACrP WITH 4'WALKWAY 1.-----101------. WALKWAY TO 13r PEMOVCP,1 pLACI P, &PANSP 5" -1 4' i-- I'LA1FORM&(2) PIZOI'05EP 5TAJI510 WALKWAY MA OF 6ACKFILL/PI51UP1ANC'' 41 4"-6" 51PING)P 15' 8, 2„ CA (?_) 6" x 6"WALr5 �.1 , /Ast IV !gig'," 1 ANW� 2' 6" tw 11112' ALW= 0' O• LAYLOG TOP OF rX, lallpippt.1X _,• • 18" _ 22" 6ULKNKAP 8"O PA0MAN III�I i pPOP05rP 1, GPAP 2 31ALW rX 6LLYh1 AP TO 6r PI:MOVrP II I TAvcro pc-O MAX P p I OF-�'AI W FROPO5W VINYL 6ULKI-EAP,2' +IrII' MN, 6" APPROX.335 CY FOIL) LANPWAW OF ANP 18"Ham � SUpPOPfS THAN rXI511NG 6I1..KNrAP I 9" 116' VINYL 9-EATHING 10" x 20'PII.r5 5C110N 1--I0U 1T01905FP I?�PLACFMFN-1 OF 13WKHFA2 1;F11JRN & 130AT IAM X.WOOP WALKWAY TO 6r'VAMP X,W0012 130K PPAMP TO 6r Pr51.IPFACN2 1- 22' _i 2" PrCKING Tib A _ 2'-6�� 1 _!°l .J'1.11-- ,•'�"1._3" x12" GIPPrPS _ 1 KW- 0'-0" - , i , 2" x 8" J01915 F.X.6ULKHL AP-1013E I-MOVCP Ili 10" PILL5 ' r'POPO5N2 VINYL 6ULKI-EA47 2' - . LANPWAPP OF ANP 18" HIGHrf r*-L6 1` ' . . ... THAN rX151ING(31K1-EAP km N PI?OPOS: NYSDEC APPROVED AS PER TERMS AND"CONDitIONS OF PERMIT -U 10,i6003 Vi DATE rA Mint RECEIVED 5C1"10\1 r-RU pp0905N9 pN9LACF'MFN1(AUP I?A15IN6) OCT 2 9 2015 OF 'LLKH1AP & WA-KWAY; AN2 pt;0051-P 21961\G 5CA. :1" 10' BOARD OF APPEALS WALKWAY TO 1 F PEMOVEI7,I PLACEf7,&PA5N2 5" - 4' ,-+- ��j j— 4:1461 (niui.) AMA OF f3ACKFILL/VI5TJMANCE 4" X 6" 5111NGE1; 15'__ 2' CAP 18" / (2) 6"x 6"WALES 5.. xI2' 112M . AM-. 2'-6" 1.1 ALW.= 01-0" LAYLOG TOP or EX. ---- 13LLKHEA�7 X � �'a 7 18 22 8"0 t7EAI2MAN ! i °P0POSEf7 GSE - 'ALW 30_ 0 AA AO tPMPa3EPTK OF t2 A1.W +I* II' PEN. 19POPOSEI7 VINYL PLLK1- A0 IN 6" 5UPP0PJ5 PLACE OF EXISTING TIM6EP C3l.KN12, 9" x16' VINYL SItATHING 10" x 20' PILES I'ROPO5P PMPGING ANP MOVAL ANP LAPWARP RPLAC MNr OF X1511NG EN-CONSULTANTS, INC, I3UILKI' Al2, POCK, WALKWAY5, ANP C3OAr 319 Ni) il SEA ROAD RAMP FOR JAMI 5 MURRAY'& 5U5AN 5611,)'i' i ��ib='('0�`, SUFFOLK MARINA FACILITY ON 6RU5It5 }0 C CK, 631-283-6360 i:AUR�I.., UFFOLK COUN1 , NY I2-1�-05 E�-15 OF 5 1/20/05,2/17/05,9/6/05,10/17/05 05/01/2006 10:29 FAX 6314440297 NYSDEC - BMHP Q01 • New York State Department of Environmental Conservation SUNY-S'LDG.40, STONY BROOk, NY 11790-2356 • Marine Habitat Protection Phone: (631).444-0295 FAX: (631) 444-0297 RECEIVED y Denise Sheitien AMENDMENT TO'PERMIT OCT 2 9 2015, Commissioner BOARD OF APPEALS 5/1/2006 James Murray&Susan Segur Re; Permit# 1-4738-90542/O0003 PG Box 306 Laurel, NY 11948 Dei Pei nlittee. Your recent request to modify the above permit has been reviewed pursuant to 6NYCRR, Part 621. It has been cfete,•iiliheu that the} ioposed modifications will nor,substailtiatly change the scope of the permitted actions or the existing permit conditions. Therefore, the permit is amended to authorize: the expansion of the boat ramp located at the north end of the project site from the permitted 8'to 10' in width. This letter is an amendment to the original permit and, as such, shall be available at thejob site whenever authorized work is in progress. Ail other terns and conditions-reimmain as writtenin the original permit. Very trulyyours, �. Charles T. Hamilton Deputy Regional Permit Administrator cc: BMHP 05/01/2006 10:29 FAX 6314440297 NYSDEC - BMHP II002 Ti-4411"ri" �N tr i{Stir ry��S SLS i,. afir, a in, C- (t.,a , �1i.Y1 ,1,'�'l� l Pry + ;;;; No�cs: 511' ( . M'55 VIA�(� ^ ^,rs•- t�,?.ii ioPo�„ �' , I) Purpose; Maintain marina's existing erosion - 5Ul3J C1'P t;tY 1� P• ��` ;,11°� ,4, fG, 1II'A control structure and doa faciltktes r st,�r , �0 . `, ,p,1 r a s 4., Patin: artd t3�L4I�.Ci r;K) , , 'fit � �,, ,. 2) atumo Pl-W \lli�� .,r OY A ,Y p 2 I►` 3; �,Suffolk GotiHaa�rvm Map 2t ,) New Lvlkl�wad sheathing to be vernal;dl umber N YS DEC � :�, ,,�,,h� .- :,: I"�p X000' to be CCA-treated APPROVED AS PER ,. ,'t� "'} .,''? `t` �,.r".�.: • „ '— 4) Top elevation of bulkhead to be raised 18 CONDITI o NS,OF > ��'c, ; ,, walkw to} raised 5' PEA` ,fir.;.,. .x ' • . NO 1 .t S iir ) Area up to,2'off new bulkhead to be dredc cf��TE I t' 4 �' clamshell bucket cry(from subject parcel) .1' to a max.depth of-3'ALW �� •1• r• ' 6) Of'approc,33y cy sand spoil.approx,40 cut �, spell to be used as backfill,ad remaining backfllh d to be Mucked offsite to art approved upland heat on U\e 7) Preper-tti laatai:1900 Pecenic I3ay 13ouleva'd, . i �oO t-�� +�i,�C4i331:74.0%- Lanel,SCTM 1000-145-.4-3 �Cjy �y,e��" ".4":F. 4. 8' R6TUIN TO 6l= :.ii A24'(IP) e��r`e 1�7 OQ i� K .r�, WiM 6" pE1UPN(lir f�Gfl2) tX P a, Fir, P.fvv1p 10 , �, ,W;ICfi -i--31 x 9' OP WPLK TO D6 13E 1:-.MALNP ANP /I. --5 •: • ' , — 'Iv MOVED �� WPENEP PROM 8'1'010' ' EAr�° PROP,+8'AN W . • ' . f /(—,.s•) RECEIVED EXTENSfiUN 10 •1Ut;V pi ., LIMI1 or Al ..A i0130 ; EX.16' &67' :ECTION5 0P • , : PW-126 17 TOA MAX. a TIMP6R GULKhWAP To PE eMOVEr7 .;.: .•.,'�I ; PNPTI-I or-,' ALw z OCT 2 9 201' &f<�PL'CW lM IN 83 VINYL f3Lk-I(}-A17 /k' , (-14e) +I *-o Up 10 2' LANPWA�P ANP I8"HG11R = • ,r2, 2 m �% EX,"' WALKWAY TO PeMMOVNP& :,' }? f� t (•-+-2)'`''1 x BOARD OF APPEALS '�', I PLACED WITH, "' -4'WALKWAY '' , `" � POJ.TO NIN>3ULKI AP c 5"P IIGI R) I. ,'NX,ML6\� 1 / .' '2.2j / PROP051;P 4' 4' 44 X.WALK 10 PLAVORM&(14) 4' X,' e D6 RCMOVEP : •'� 51A1p5 TO WALKWAY !' ' (-,.,) X, 17' & 14' 5>CTION5 O? • 1eIli tkr ; /�p41, I 1,,,,,„,,„„„r„,,,,,„l MOVED /. I`",y% &F�PLACNP WITH SO VINYL i3LFl.l'I-APQ ,/ A (-+•� Up TO 2' LANPWAPw ANP 18"HIi - R O ;://' -, EX.IC' X I ' POCK TO Gt r �q ;.. (�.;• y7 , / c-r.rt I MOV P ANP PEPLACP r , WPM 4' 17' S[C110N Or ALK I r� X. '6' 5CtION or 11Mf I?GIRYJ'MAl7 TO DL C;EMOV6P ANP I PLAC O(IN-PLACE) , (-,,s� .� WITH VINYL 1311:1-EAI7(pAV5P 18" 1iG1-ER) �`, _ t c-,'rJ 4� 8) flan mended 10,17••05 to slaw di talees from %E ° pole to bulkhead carters d•add across-section of E i end sectlars of b,ilkheed being rept ed in-place; Cr-) _p OrO5Nn PIZW6ING ANn MMOVAL ANI2 no charges to protect design or scope 9) play amended 4-2706 to widen boat ramp&extend return LANI7WA12b'R5PLACMNT OF XI5f1NG 13ULKHAP, POCK, WALKWAYS,M112130AT EN-CONSULTANTS, INC. RAMP Pok JAMS MURRAYMUKPAY & 5U5AN 5GUf? 1319 NORTH SEA ROAD AT MARINA FACILITY ON C3PU5H�5 CM K, • SOUTHAMPTON, NY 11968 LAI, L. SUFFOLK COUNTY, NY 631-253.6360 5- T I OI 3 I/20/05,2/17/05,9/6/05, 10/17/05,I2/I3/05,4/27/06 05/0.1/2006 10:30 FAX 6314440297 NYSDEC - BMHP (x]003 NYS DEC RECEIVED APPROVED AS PER TERMS AND CONDITIONS OF OCT 2 9 20,E 6�y� i PERMIT NO. r ,,-J vfi/00 03 DATE ,.223 . 7/./Ga .474 BOARD OF APPEALS SECTION SRU FkOl'05�P LANPWA:P RVFL AC MINT(ANP MI5ING) OF 1311-K- AP & WALKWAY; Ri MOVAL OF POCK; ANP 191~Op05 P PI? PGING WALKWAY TO POCK to ft ZMOVEPAtZ 1 1 io' riXE12000K TOM REMOVED sz ITPLAGEP WriFH 4'WALKWAY —10'— WALKWAY t0 a 1 MOVEn,1_F1-AGEO,&kAStO 5" --i 4' ki- PLA1PORM&(2)PtOPO5 2 5tAIR510 WALKWAY VEA OF 6AGKPILL/0157U3ANCIr" 4' I5' , , -4" K6" 511ZINGEp Ek. ' , ., I8'! 2" GAp (2) 6" x 6"WIV--5 • 7" '/AV ..e. � --.. . ; A1-W,- 2'-6„ s1; �u . , LAYLOG iv'or Ex. III• ' 2 • R W- O 0 6Ln n-5AI7 Irli X ;fi., =81/ -22" 8"00EAPMM! Pt20pO5EP GAG x � 'f'LW 1 {'_'/�ILIII ..__-.-.•2, -,-1 U.6ULKNEA12 TO i3E EM0VW0 MATO[3E pi;GOGEb I'ROPO5EC/VINYL GLL KI-EAP 2' . ' I� -H' FENS --�6" ll'I'O1 S5 O,33CYSPO 5 OILALW LANPWA120 OF ANP 16"I-11a-M -__ ) 'MAN UaING 13LG-KI)6A7 9" x 16' VINYL 5EATING 10" x 20' PILES 5 CTION T-tU I'p0P05W pil'LAaMN'f OF 1311- A! pt'i1) N & E30A`1IAMF X,WOO WALKWAY t0 5E 10EMOWP EX,WOOP 6OAT WWI'to I3E 1Ef5I.1krAa0 - 22' -_-..,J ,2" f7EGKIN6 18" it j 7 " ._` � 3" x12" GlpdCfzS • AIM- 0'-0" L. Ic1 j ' .ti ' . • � 2" x8" J01%5 __--�--o- t ' i • ' ; • i. • U.6ULK1-EAP TO 6E'I MOVED , . :Ib":p1LE5 ! • PROPOW VINYL 131,L AO 2' -r- ' • a • LAJPWAdP or AN018" iip a- r''... 6 + '-**7r-4—4-8' 1-WAN XI511N6 PLILKHEA12 hill% • ANGLED Ell..11N EX11;N51ON Pf?OPO5 P PMPGING ANP MMOVAL ANP • EN-CONSULTANTS, INC. LANPWAPP MPLACMNT OP PX15.1ING NORTH ROAD 13ULKI- AP, POCK, WALKWAYS;ANP 13OAT 1319 RAMP r.m JA1g5 MURRAY& 5U5AN %Gig SOUTHAMPTON, NY 11968 Al"MARINA rACILITY ON tPU51-e5 CI:aK, 631-283-6360 LAURA-, 5UFPOLK COUNTY, NY 5a1'2 Or 1/20/05,2/17/05,9/6/05, • in/i1/nl /I i/n* 4/27/06 , 05/01/2006 10:30 FAX 6314440297 NYSDEC — BMHP 204 NYS DEC RECEIVED g APPROVED AS PER TERMS AND CONDITIONS OF • OCT 2 9 2015 0q 3 PERMIT NO. (� 0 DATE di % x111. ,.. BOARD OF APPEALS 5C1.10N 1T'pU PPOP0512 �PLACMNI C ANn I?AI5ING) 0P 3ULKHEAI2 & WA.KWAY; A\b Pl OPOS�P PI N9GING 5C/,g ;I - 10' WALKWAY t0131 I MOVFt7,WPLACW,F<MEP 5" -..i 4' F-- Z-`-/7// - 146'(min.)--1 MA OP OP K ILL/t715TUt:3ANCE 4' Y.6"'ST�INc2 C 2) 6" x6" WPL5 • hn y�2' ) Tepi AI-M�a 2 „6" 11,00CWx O'�I' LAYLO6 TOF OP EX , .., ULKF AP 1 T- 7-__7._ ./ -22 _ l <� i 2 8"0 f7cACJW N 11:01'051WGt:AI7E -�'N-W / 30' � Ard:A TO fit^ORF-126t2 TO MAX,F2 PTH OF-VAN till, 1I' MN \_ 6" 5UPF0('f5 MOP05�n VINYI f3l.t.KI AV IN `= r9" x{6' VINYL AiNENG PLACE OF EY,191ING 11,( 12 R,KI-10, 10" x 20' PILE5 .EN-CONSULTANTS„,INC. 1319 NORTH SEA OAD SOUTHAMPTON, NY 1I968 631-283-636G PIOPO5W PMPaNG ANP MMOVAI. ANP LANPWAP.n RPLACMtN1'OF 5XI5TING ! ULKHEAP, POCK, WALKWAYS, ANP COOK RAMP Pok JAMAS MURRAY& SUSAN 5 GUf? AT'MARINA FACILITY ON I3I U5Hd 5 CMN:, LAML, SUVPOLK COUNTY, NY I2-13-C75 5I-in1 3 OFI/20/05,2/17/05;9/6./05,10/17/05 • I : :,` 4,• RECEIVED Nr 4a OCT 29201` (0s STATE OF NEW YORK DEPARTMENT OF STATE BOARD ®� APPEALS I STATE STREET ALBANY, NY 1223 I-000 I GEORGE E PATAKI RANDY A. DANIELS GOVERNOR SECRETARY OF STATE April 18,2005 Mr.Roy L.Haje En-Consultants,Inc. 1319 North Sea Road Southampton,NY 11968 Re• F-2005-0106 U.S. Army Corps of Engineers/New York District Permit Application-James Murray&Susan Segur-Remove&replace (in place)approximately 160 If of existing bulkhead;raise 18" higher than existing; remove&replace(in kind in place) existing 8'22'boat ramp;remove&replace(and raise 18" higher) dredge approximately 300 cubic yards Brushes Creek,Town of Southold, Suffolk County General Concurrence Dear Mr.Haje: The Department of State received your Federal Consistency Assessment Form and consistency certification and supporting information for this proposal on February 7,20.05. The Department of State has determined that this proposal meets the D,epartment's general consistency concurrence criteria. Therefore, further review of the proposed activity by the Department of State,and the 'Department's concurrence with an individual consistency certification, are not required. When communicating with us regarding this matter,please contact us at(518)474-6000 and refer to our file *F-2005-0106. Sincerely, R ]({/�qd; ' �x-..'eat&e.ky�..•9;•.«,.. "Tteven C. Resler Deputy Bureau Chief Division of Coastal Resources sin cc: COE/New York District-Michael Vissichelli NYS DEC Region-John Pavacic (CO www.DOS.STATE,NY.US ° E-MAIL: INFO@DOS STATE NY.US RECYCLED PAPER ?$'344"-:^,-er - 1.-- r'.'" ''1 y ? TOWN OF SOUTTE OLD PROP *..TRECORD CARD • OWNER STREET /q tOo VILLAGE ' DIST. SUB. LOT ga 11 .541 . ' E(( iG, ietGc . .,(),.Lrfid /./ %!:".5 ER OWNER ') N I E ACR. - I ,3:rgala ._ g cast ' - /v �.,x 4.410914c I , �}P,,,.+ , tom; J .I. S W TYPE OF BUILDING itiarrifi j Jr. 4 U „----•, 111 e54-t4 f A Jt! ? - 54 I S-/ 0- r .4 1✓ S'o' . RES. 3/� SEAS. (VL. ) ` FARM COMM. CB. MISC. Mkt. Value _ 4 - AND IMP. TOTA DATE REMARKS e t. '6 ext -1 4 Q0 / YtIet°. te.. 3 t9 7. X4(3 '0741, ,LI (965 r24,65F. , 4.0 Niv , A LIJ N`-9 7/1114'3-L l 3 -flair, # �' a� N'aif`I' ,41c rd aq 0 ! �1a3 .,� gs 1'- i �,'i l ► 'arrQ rt w-s th? 6:5104 au au leIt rfrf- L ?7 l id . :. .g. S' - tedi AGE BUILDING CONDITION NEW ' NORM BELOW ABOVE FARM Acre Value Per Value Acre '3ble I .Tillable 2 Tillable 3 Woodland Swampland I FRONTAGE ON WATER Brushland I FRONTAGE ON ROAD House Plot I DEPTH BULKHEAD ,Total DOCK t, ELIZABETH A.NEVILLE,MMC e•'°®�® ��� Town Hall,53095 Main Road TOWN CLERK _ .� A> P.O.Box 1179 ces '; 4 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 1 �� Fax(631)765-6145 MARRIAGE OFFICER \:4944,,,, - ®� ®� ��� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER �.�i�� t°0 ,1 �. www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER -_, �,,,,•� OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: October 30, 2015 RE: Zoning Appeal No. 6898 Transmitted herewith is Zoning Appeals No. 6898 for Keegan & Keegan,Ross & Rosner for Frank J. Kelly-The Application and Exhibits to the Southold Town Zoning Board of Appeals Seeking Reversal of the Building Inspector's Notice of Disapproval Dated August 31 of 2015. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form from Frank J. Kelly&Elizabeth G. Kelly, Agent/Representative Transactional Disclosure Form from Keegan& Keegan, Ross &Rosner by Daniel C. Ross, LWRP Consistency Assessment Form, Board of Zoning Appeals Application Authorization from Frank J. Kelly and Elizabeth G. Kelly for Keegan&Keegan, Ross &Rosner by Daniel C. Ross,Notice of Disapproval to Frank Kelly Dated August 31 of 2015, Disapproved Application for Building Permit Dated July 13 of 2015, A Letter Dated September 10 of 1968 from Howard Terry, Southold Town Building Inspector to Mr:F.R. Felschutz and Others, A Copy of Howard M. Terry's Obituary with the Years he was a Building Inspector for the Town of Southold underlined, A Copy of the Proceedings at the Suffolk County Supreme Court; Town of Southold as the Plaintiff against Frank J. Kelly and Elizabeth G. Kelly, and John and Jane Doe(s) 1-4 as the Defendants Dated September 10 of 2015, A Copy of the Recorded Deed for Tax Map No. 1000-145.-4-3 Recorded on June 25 of 2014, A Cover letter from Daniel C. Ross of Keegan & Keegan, Ross &Rosner, LLP to Southold Town Zoning Board of Appeals Dated October 29 of 2015, Board of Southold Town Trustees Authorization for Permit No. 6205 Issued to James Murray& Susan Segur Dated September 21 of 2005 Along with Terms and Conditions, Survey of Brushes Creek for Proposed Dredging and Removal and Landward Replacement of Existing Bulkhead, Dock, Walkways, and Boat Ramp for James Murray& Susan Segur at Marina Facility on Brushes Creek Dated May 8 of 2006, A Letter Dated September 21 of 2015 to Mr. Robert E. Herrmann of En-Consultants, Inc. Regarding James Murray& Susan Segur from Albert J. Krupski, Jr. Board of Trustees, Board of Town Trustees Inspection Schedule,A Letter Dated May 17 of 2006 to Mr. Robert E. Herrmann of En-Consultants, Inc. Regarding James Murray from James F. King, President of Board of Trustees, A Letter Dated January 20 of 2006 to James Murray& Susan Segur from Larry Cowden, Environmental Analyst of NY State Department of Environmental Conservation, DEC Permit Issued to James Murray& Susan Segur Effective January 20 of 2006; Expires January 20 of 2011, Survey of Brushes Creek for Proposed Dredging and Removal and Landward Replacement of Existing Bulkhead, Dock, Walkways, and Boat Ramp for James Murray& Susan Segur at Marina Facility on Brushes Creek Dated December 13 of 2005, Drawing of Proposed Landward Replacement(and Raising) of Bulkhead &Walkway; Removal of Dock and Proposed Dredging and Replacement of Bulkhead Return& Boat Ramp Dated December 15 of 2005, Drawing of Proposed Replacement(and Raising) of Bulkhead &Walkway; and Proposed Dredging Dated December 13 of 2005, Amendment to Permit Dated May 1 of 2006 to James Murray& Susan Segur from Charles T. Hamilton-Deputy Regional Permit Administrator of NY State Department of Environmental Conservation, A Letter Dated April 18 of 2005 to Mr. Roy L. Haje of En-Consultants, Inc. Regarding F-2005- 0106 from Steven C. Resler-Deputy Bureau Chief of Division of Coastal Resoures from Department of State, Town of Southold Property Record Card for Tax Map No. 1000-145.-4-3. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: October 29, 2015 ZBA # NAME OF APPLICANT CHECK # AMOUNT TCD ',, ,,e•- - .i P Keegan & Keegan, Ross 6898 & Rosner for : 2409 $300.00 OCT 3 0 2015 KELLY, FRANK J. Southold Town Clerk TOTAL $300.00 Sent via Inter-Office to Town Clerk by: ES Thank you. -- - ,KEEGAN1&:KEEGA-N -R-OS __, � S"&k,ROSIVER==�LLP�`r`.:Y� - .- = = - - -�:- x - - `2409�=�.�. --- =. - s - _ - - 5 WESTPHAL-IA AVE,w-` .PO;B - oxia -- _ s�� - 79� - -- ---_ - ---_MATTITUCK-NY.11952=0146: - - ---_ - - - -n,--1:76;-3.1-: 98--1200--- z. � YVD�b - TE°•'' -- -_ I PAY TO.-THE_• A. _- '-'-':""--'74.-.:,,.. =ORDER OF - :.- �cFa`- - .., ( jam _ __ --_ - - -- (....-. _ _-'•I _-G VrV '/�Q'" - '� .` - _- . . -...r t - .I .'FoowfO!- DOLLARS -,001t�=On Capital - - - - - re '� - _-_FOR = - - ` 0� -. . -, -� ...II/i'4F_ -- " - _ * * * RECEIPT * * * Date: 10/30/15 Receipt#: 194342 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 6898 $300.00 Total Paid: $300.00 Notes: Payment Type Amount Paid By CK#2409 $300.00 Keegan, & Keegan Ross & Rosner LLP Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Keegan, &Keegan Ross &Rosner LLP P 0 Box 146 Mattituck, NY 11952 Clerk ID: SABRINA Internal ID:6898 \°Y J January 11,2016 Z6I Ie1,EviE JAS 1 2 2016 D BY:. 8 ' Re:Frank and Elizabeth Kelly se ®+ SCTM#1000-145-4-3 My name is Kathleen Knapp, a person of standing concerning the application (of Frank and Elizabeth Kelly)before the planning community, building department, etc. 1 am presenting evidence in a 1991 photo of Brushes Creek the Marina in question. The first three boats belonged to the prior owner of 1780 Peconic Bay Blvd.William and Helen Childs, current owners are Linda and Jerome Morrissey. My swiss code is#473 889 Tax map 145-4-4 Kathleen Knapp ii AAL51-n,c�� pQ (Aidikt&-e-g) it-A-12tp -44 vILil2� U jeo V-,c):.,4% ova kfi-/ 2260 Peconic Bay Blvd. � i , jiti'� i `ice' Laurel, New York 11948 - ' 1 V I" � I l'• SOUTHOLD TOWN ZONING BOARD OF APPEALS COUNTY OF SUFFOLK (egq RECEIVED APPLICATION and EXHIBITS of FRANK J. KELLY to the SOUTHOLD TOWN ZBA SEEKING REVERSAL of the DEC 3 2015 BUILDING INSPECTOR'S NOTICE OF DISAPPROVAL, dated AUGUST 31,2015 4 BOARD OF APPEALS Appellants: Frank J. Kelly and Elizabeth G. Kelly [!9f Re: Premises: 1900 Great Peconic Bay Blvd.,Laurel,New York, 11. SCTM: 1000-145-4-3 STATE OF NEW YORK) )ss.: COUNTY OF SUFFOLK) WALTER KOCH, being duly sworn deposes and says: 1. I reside at Oakwood Road, Laurel, New York and have resided there since 1963. My residence is down the block from the Marina at issue in this matter. 2. I have observed the Marina on an almost daily basis since residing at my present address. I observed during that period that the premises were operated as a Marina. I know the prior owner James Murray and I knew Mr. Murray's father James Murray, Sr.who I understand owned the Marina before Mr. Murray Jr. owned it. 3. I can state that there were numerous boats between 10 to 15 kept at the Marina on a regular basis. I kept a boat at Mr. Murray's Marina for several years. I am a marine mechanic and own a marine repair shop in Mattituck. I worked on boats that were kept at the Marina at issue here in leased spots at that marina. 4. I can state that the premises were operated as a commercial marina with 11 slips on a regular basis since I resided at my present address. '71 WALTER KOCH - Sw s n i this1'1 day of Di DANIEL C. ROSS Notary Public, State of New York No. 4907175 Qualified in Suffolk County Commission Expires Aug. 31, 207 (0$3qe RECEIVED Re: Frank J. and Elizabeth G. Kelly #6898 DEC 3 2015 Hearing, December 3, 2015 BtARD OF APPEALS SCTM#1000-145-4-3 Last year the above mentioned parcel was purchased by the Kelly's .Not long after the purchase, the marina was enclosed with a six foot poly white fence with a metal gate webbed with green filler. The ambiance of Brushes Creek was changing. It is public record the residents of Laurel and Brushes creek pay significant taxes. Mr. Kelly's parcel is classified as vacant land and his taxes are under $600.00 annually. It is an important factor that that be mentioned because soon after the purchase, we witnessed the invasion of large and small RV's on the small parcel. Mr. Kelly created a summer dwelling for him with waterfront perks without a tax consequence. Note: A Supreme Court Order directed Mr. Kelly to remove the RV's. If this marina is approved there MUST be conditions: No overnights No Rv's large or small as evidenced by the enclosed pictures No campers as evidenced by the enclosed pictures Only small boats Due to parking constraints, reduce the amount of boat slips Mary Lou Palmer 85 Mesrobian Dr. Laurel, N.Y. 11948 :ick 'J +t.,.o• ,+ wi ' !Y'x' .i► — Irt '+ rA�� rqfi �. fd\ hp ',Alt:4( ,\ i' .1,4, . '''' - .Pf ,,,,, '1 4141- Ir,"4.-71*--f_ _41iL.— M ir, , ..'i , F1 ilk- • - . . - -Iiiimirlisig 4,..., . n 1 ••• • a r, • , . y 1 • In �`! "I --- X11 . • .'"......1106.14 ._t.. -,...,- _, b„,, ., --- ' f Th ,or _ ' .r• 4111111M1111., .. •is • * ? , \\` 1 RIB .. -il ,iir.::,, .';157.31 . .. _. , .4 .. ._ r M _ -.- ' l 4 . • ia , , ..„....„,-0. .:.. . ' _ • „ . - "Li-"" .!:: ...." , •. _ . . •••r4110011104.4.04ir• 1-..",' ..•'. •• . -.4... .. ....1. . . 45* ." , .4 •- -. ..... 4-•••• ... ••-. .44 1 •-• .1- ^ - - •- 1*ar. "1:. ' "'"" - P . .• ''''.7 • lit5`,.,t4 sr 1 °Or . 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Ross & Rosner, LL, 1, L'2,1 i ,$.1/4-, iii fa ' "Irt rill! 1 1 - , P iirr./ I, ATTORNEYS AT LAW , Thomas J.Keegan Jr. P315 Westphalia Avenue Phone»631.298.12oo Daniel C.Ross Post Office Box 146 Fax»631.298.4427 Jamie G.Rosner Mattituck, New York 11952 Web»www.keeganlaw.us Thomas;.Keegan(1923-2003) February 3, 2016 RECEIVED By Fax: 765-9064 FEB _ 8 2016 Southold Town Zoning Board of Appeals Attention: Leslie Kanes Weisman, Chair ZONING BOARD OF APPEALS Town Hall Annex Building 54375 Route 25 P.O. Box 1179 Southold,New York 11971 Re: Appeal of Building Inspector's Notice of Disapproval, dated 8/31/15 Premises: 1900 Great Peconic Bay Blvd., Laurel,New York , SCTM: 1000-145-4-3 , Appellant: Frank J. Kelly ZBA#: 6898 Dear Ms. Weisman: , - This is to request this matter be adjourned tothenAiex,,... .t ZBA meeting date. I have discussed the reason for the adjournment with your counsel, Mr. Keily, and will leave to him to discuss the issue with your Board. We hope to be able to resolve this shortly. In accordance with my discussion with Mr. Keily I do not intend to be present on February 4, 2016. If my attendance is required please let me know. .ry i uly401 a , 00 i aniel C. Ross cc: Southold Town Attorneys Office Att: Stephen Kiely, Esq. ‘ ' By Fax: 765-6639 Western Suffolk Office o Patchogue, New York ~L s -6 ''g�FfOtfr x,et,,,,, Town of ti___ old `' A- 1/14/2016 c 53095 Main Rd 11Z CIEEME T 3 ,.: „:. sY Southold, New York 11971 ,"�. . �� ia JAN 14 2016 BY: 4J6M. PRE EXISTING CERTIFICATE OF OCCUPANCY No: 38052 Date: 1/14/2016 THIS CERTIFIES that the structure(s) located at: 1900 Great Peconic Bay Blvd, Laurel SCTM#: 473889 Sec/Block/Lot: 145.-4-3 Subdivision: Filed Map No. Lot No. conforms substantially to the requirements for a built prior to APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z- 38052 dated 1/14/2016 was issued and conforms to all the requriements of the applicable provisions of the law. The occupancy for which this certificate is issued is: 11 slip small watercraft marina(maximum length of watercraft 20 feet)and gravel parking lot, without building/structures`. The certificate is issued to Kelly, Frank Kelly, Elizabeth (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED *PLEASE SEE ATTACHED INSPECTION REPORT. Signa ure rD �1 6i/67 �,, RECEIVED "V DEC ]l 2015 63 Rose Avenue ZONING BOARD OF APPEALS Eastchester,N.Y. 10709 November 30,2015 Southold Town Zoning Board of Appeals Leslie Kanes Weisman, Chairperson 53095 Main Road P.O.Box 1179 Southold,N.Y. 11971-0959 To Whom it may concern: I am writing regarding the case of Frank J. and Elizabeth G. Kelly#6898 to be heard by the Town Zoning Board of Appeals on Thursday,December 3. 2015. I am unable to attend; however,I am submitting this letter to register my opposition to their request. I am the property owner residing at 375 McDonald Road, Laurel,N.Y. 11948. This property has been in my family for 55 years and my family and I have long enjoyed the serenity of our neighborhood and the area surrounding Brushes Creek. I am greatly concerned that the site plan submitted by Frank J. and Elizabeth G. Kelly would not only radically change the character of the neighborhood but also would result in a loss of my property value as well as values for neighboring properties. We have endured the illegal use of this property by Mr. Kelly for the past two years—usage that has included the overnight parking of live- aboard RVs(trailers) as well as individuals sleeping in tents on the property. Prior to Mr. Kelly's purchase of 1900 Peconic Bay Boulevard, Laurel N.Y.,the previous owner maintained the marina without structures other than a small boat ramp. Since assuming ownership,Mr. Kelly has illegally parked overnight as many as 6 occupied RVs(trailers)on the site over the past two years. These vehicles carry functional propane tanks and utilize holding tanks for disposal of human waste and are parked mere feet from Brushes Creek. In summary,I am concerned that Mr. Kelley will continue to disregard and abuse our Zoning Laws as he has in the past. I trust that you will take my concerns into consideration and deny this application. Res!- tfully submitted, E• 7-s M. Carey OFFICE LOCATION: �= ��' "'�- -MAILING ADDRESS: �\Y/• Town Hall Annex ® SO(/,y' P.O. Box 1179 54375 State Route 25 ® Southold NY 11971 eft .0. / \O (cor.Main Rd. &Youngs Ave.) �� Southold, NY ill , Telephone: 631 765-1938 7�� www.southoldtownny.gov J - 090 PLANNING BOARD OFFICE RECEIVED TOWN OF SOUTHOLD DEC 01 2D13 MEMORANDUM BOARD OF APPEALS To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald Wilcenski, Chairman (-0\1\)Members of the Planning Board c Date: November 30, 2015 Re: Request for Comments ZBA# 6898 (Interpretation) Frank Kelly SCTM# 1000-145-4-3 At the request of the Zoning Board of Appeals, the Planning Board has reviewed the request for comments for an interpretation of the code as it applies to the above action. The Planning Department/Board agreed with the Building Department in a SPUD dated August 5, 2015 that a site plan is required for the action. Thank you for this opportunity to review the action, and please feel free to call this office with any questions. Cc: Stephen Kiely, Assistant Town Attorney Office Location: I,0� 0 SO(jryO Mailing Address: -01 Town Annex/First Floor,Capital One Bank 'a�1L; 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 ;.G �� Southold,NY 11971-0959 tom* http://southoldtown.northfork.net BOARD OF APPEALS f� QQ TOWN OF SOUTHOLD (LJ O l Tel. (631) 765-1809 Fax(631) 765-9064 1 I 1 U I MEMO -ILNOV 2 0 2015 TO: Planning Board Southold Town Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: November 20, 2015 SUBJECT: Request for Comments ZBA# 6898 KELLY, Frank The ZBA is reviewing the ,following_ application. _ Enclosed are copies of Building Department's Notice of Disapproval, ZBAapplication, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT TAX# ZBA# -HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED ` OF SURVEY DIST SURVEY Kelly, Frank 1000- 6898 December ART XIII SEC N/A N/A 145-4-3 3, 2015 280-51 A (2) Your comments are requested 1 week prior to hearing date. Thank you. Ends. #12703 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 31st day of March, 2016. 112.-44-- ef-1--"-- Principal Clerk ,, 5 Sworn.to before me this day of � I 2016. LEGAL NOTICE 10;00 A.M.-SUSAN and DOUGLAS SOUTHOLD TOWN LOOZE #6940 - Applicant requests a ZONING BOARD OF APPEALS Special Exception under Article III See- THURSDAY APRIL 7,2016 non 280-13B(14).The Applicant is the PUBLIC HEARINGS owner requesting authorization to estab- NOTICE IS HEREBY GIVEN,pur- lish an Accessory Bed and Breakfast,ac- suant to Section 267 of the Town Law and cessory and incidental to the residential Town Code Chapter 280(Zoning),Town occupancy in this single-family dwelling, of Southold,the following public heal ings with two (2) bedrooms for lodging and will be held by the SOUTHOLD TOWN serving of breakfast to the B&B casual, CHRISTINA VOLINSKI ZONING BOARD OF APPEALS at transient roomers. Location of Property: NOW PUBLIC-STATE OF NEW YORK the Town Hall, 53095 Main Road, P.O. 1100 Youngs Avenue(aka Railroad Ave- No. 01V061 06050 Box 1179, Southold, New York 11971- nue)Southold,NY SCTM,#1000-60-2.7.1 Ougllflad In Suffolk County 0959,on THURSDAY APRIL 7,2016. 10:15 A.M.-NORTH FORK UNIT- My CDOlffll>r il ti� gltesCFebruary 28,2020 9:15 A.M. - LAZARUS ALEXAN- ED METHODIST CHURCH (CV) 11:15 AIM.-JONATHAN TIBBET 12;00 P.M.-FRANK J.and ELIZA- DROU #6927 - (Adj. from 3/3/16PH) (RMB REALTY,LLC)#6936-Request, Request for Variance from Article XXII for Special Exception per Code Section 693 -Request for Variances from Ar BETH G.KELLY 06898-(Adjourned Code Section 280-116A(1)and the Build- 280-48B1, the applicant is requesting Itide III Section 280-15F and Article from 2/4/16PH)This is a request under log Inspectors Januaty 25,2016 Notice of Permission to construct and operate a XXIII Section 280-124 and the Building ' Article XXVI Section 280-146D request- Disapproval based on an application for house of worship and religious instruc- Inspector's January 27, 2016 Notice of ing Reversal of the building inspectors building permit for accessory in-ground tion,located at:43960 County Route 48 Disapproval based on an application for Notice of Disapproval dated August 31, swimming pool,at;1)less than the code (aka North Road) corner Horton Lane building permit for accessory in-ground 2015 requiting site plan approval under icquired 100 foot setback-from top of Southold,NY SCTM#1000-63-1-15 swimming pool,at;1)proposed in"Ioca- Article XIII Section 280-51A(2),located bluff,located at:2700 Sound Drive(adj. 10:30 A.M.- DANIEL F.HIGGINS tion other than the code required rear at. 1900 Great Peconic Bay Boulevard to Long Island Sound),Greenport,NY. #6933-Request for Variance from Arti- yard or front yard on waterfront property, (adj. to Brushes Creek) Laurel, NY. SCTM#1000-33-1-11 cle XXIII Section 280-124 and the Build- 2)more than the maximum code allow- • SCFM#1000-145-4-3 9:30 A,M.-LISA GILLOOLY#6922 ing Inspector's January 27,2016 Notice of able lot coverage of 20%,located at:185 1:30 P.M. • RONALD and PATR9- -(Adj.from 2/4/16PH)Request frit Vaii- Disapproval based on an application for Willow Point Road (adj to dug canal) CIA McGRATH #6935 - Request for buildingpermit to construct a deck addi- Southold,NY.SCTM#1000-56-5-25 Variances from Article XXIII Section ances from Article XXIII -15C& 280- 11:30 A.M.-KEITH and LYNETTE 280-124 arid the BuildingInspector's 124,Article III Section 280-15C&F and tion to existing single family dwelling,at; KANE #6942 - Request for Variances p Article XXII Section 280-105A and the 1) less than the code required rear yard g January 20,2016 Notice of Disapproval Building Inspector's October 19, 2015 setback of 35 feet,located at:1745 East from Article XXIII Section 280-124 and based on an application for building pet- Article III Section 280-15 and the Build- mit to construct covered porch addition Notice of Disapproval, last amended Gillette Drive (Cedar Lane not open) Match 4,2016 based on an application East Marion,NY.SCTM#1000-38-4-25 hag Inspector's February 17,2016 Notice and legalize"as built"deck addition to for building permit to construct an ac- 10:45 A.M. - JOSEPH and CATH- of Disapproval based on an application existing single family dwelling,at;1)less cessory gal age and"as built"fence,at;1) BRINE MANNO #69380-Request for for building permit to construct screened than the code required front yard setback Accessory garage proposed at less than Variances from Article III Section 280- Porch addition to existing single family of 35 feet,2)more than the code maxi- the code required front yard setback of 15B&F and the Building Inspector's dwelling,at;1)less than the code required mum allowable lot coverage of 20%,lo- 40 feet from both streets,2)Lot coverage February 12,2016 Notice of Disapproval side yard setback of 15 feet,2)following cateci at:1330 Sigsbee Road Laurel,NY. at mote than the code maximum allowed based on an application for building proposed construction existing accessory SCTM#1000-144-1-5.2 of 20%,3)"as built"and proposed fences Permit for accessory garage and acces- garage will be located in other than the 1:45 P.M. - ALFRED J.TERP,JR. code required rear yard,located at:335 #6941 - Request for Variance from Ai- at more than the code maximum height sory in-ground swimming pool, at; 1) allowed in a font yard of 4 feet on both Proposed.accessories in location other Village Lane Orient, NY. SCTM#1000- tide X Section 280-46 and the Building streets,located at.450 Harbor Road(cor- than the code required rear yard or front 25-2-4.13 Inspector's January 11, 2016 Notice of 'lei King Street)(adj.to Orient Haibor) yard on waterfront property,2)accessory 11:45 A.M. - RALPH and JOAN Disapproval based on an application for Orient,NY.SCTM#1000-27-4-7 garage at more than the maximum code VIVINETTO#6939-Request for Van- building permit to construct a 5,573 sq.ft. 9:45 A.M. - BREEZY SHORES allowable height of 22 feet,located at:325 ances from Article 'XIII Section 280- retail building,at;1)less than the code re- COMMUNITY, INC. (JASON Wells Road (adj. to Richmond Creek) 124 and the Building Inspector's Febru- quired front yard setback of 15 feet,locat- SCHMIDT)-#6934- for Vaii- ary 22,2016 Notice of Disapproval based ed at:28195 Main Road(aka State Route ances from Article -Requeste Code Section Peconic,NY.SCTM#1000-7 -63.2 on an application for building permit to 25) (corner Griffing Street) Cutchogue, 280-123 and the Building Inspector's 00 A.M. - RO ERT NORTON construct additions and alterations to NY.SCTM#1000-102-5-4,3,9.6 280-12 ry 3,2016 Notice of #6943 •-Request for Variance from Arti- existing single family dwelling,at;1)less Dated:March 9,2016 based an applicationNotice foi Disapprovalocle XXIII Section 280-124 and'the Build- than the code required minimum side ZONING BOARD OF APPEALS permitedon construct additions and abui dingera- ing Inspector's January 26,2016 Notice yard setback of 15 feet,2)less than the LESLIE KANES WEISMAN, tions to an existing seasonal cottage at; of Disapproval based on an application code required combined side yard of CHAIRPERSON 1) a nonconforming building contain- for buildingpermit for 'as built' deck 35 feet, located at: 2595 Wells Avenue BY:Vicki Toth ing anonconforming nonconforming use shall not be addition to existing single family dwell- (adj. to Jockey Creek) Southold, NY. 54375 Main Road(Office Location) enlaiged, reconstructed, structurally al- ing, at; 1) less than the code required SCTM#1000-70-4-17 53095 Main Road(Mailing/LISPS) teied or moved,unless such buildingis rear and setback of 35 fee located at: P.O.Box 1179 2120 Gillette Dnve East Marion, NY Southold,NY 11971-0959 changed to a conforming use,located at: SCTM#1000-38-2-22 12703-1T 3/31 #8 Breezy Shores Community,Inc.,65490 Main Road (aka State Route 25) aka Sage•Blvd.(adj.to Shelter Island Sound) Greenport,NY SCTM#1000-53-5-12 6 • #12607 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 28th day of January, 2016. Principal Clerk Sworn to before me this 1 day of • 2016. CIMISMA VOUNSK1 NOTARY PUBLIC-ST/1M OF NEW YORK No. 01V06 1 05050 Ciuulnsed in Suffolk County Nv Cnmrr“vJ- 1 r:F)i a Fc"... ry 28, 2016 Main Road (aka NYS Route 25)Matti- GROUP.LLC#6918-Request for Vari- tide XXVI Section 280-146D request- tuck,NY.SCTM#1000-122-7-9• - ance from Article III Section 280-15 and ing Reversal of the building inspector's 9:45 A.M. - UHLEMANN FAM- the Building'Inspector's September 18, Notice of Disapproval dined,August 31,, ILY 2012 IRREVOCABLE TRUST 2015,amended December 8,2015 Notice 2015 requiring site plan approval under #6916 -This is a request for a Waiver of Disapproval based on an application Article XIII Section 280.51A(2),located of Merger under Article II, Section for building permit for construction of a at: 1900:.Gicat.Peconic Bay Boulevard 280-10A,to unmerge land identified as new single family dwelling,an in-ground (ad). to Iii}fishes Cieck)_ %Laurel, NY. SCTM #1000-106-11-12, based on the swimming pool, conversion of existing SCTM#1000-145-4-3 '" Building Inspector's December 5,2015 dwelling to pool house and legalize ex- 1:15 FM.%-DONNA WEXLER and Notice of Disapproval, which states a isting accessory garage, at; 1) proposed RODNEY T.rOUARTY-#6920-Request' •nonconforming lot shall merge with an in-ground swimming pool location other for Variance frgin Article III Section 280-: adjacent conforming or nonconform- than the code required rear yard,2)exist- 13 and the`B,uilding Inspector's Novein- inglot held in common ownership.until ing proposed pool house and accessory ber 23,2015 Notice of Disapproval based the;total 1ot.size conforms to the cur- garage location other than the code re- on an application for building permit far 'rent balk schedule (minimum 40,000 quired rear yard, located at:5375 Sound conversion of an attic to"as built"habit- rsquare feet'in this R-40 Residential Avenue Mattituck,NY SCTM#1000-121- able space_to an existing dwelling,at 1) Zone District) this lot is merged with 1-3.4 more than.lhe code(oa>iimuni number of lots .1000-106-11-13,14,& 16, located 11:10 A.M.-RUSSELL and SUSAN stories of tWo an'd a half,'located at_075 at; 350 South Drive, 1260 Bayview HEARN#6915-Request for Variances Indian Neck,Late fadj. to'Richniond• Avenue, 1310 Bayview Avenue,and from Article XXIII Section 280-124 and . Creek) Peconic;Ifl.'SCTfvi#1000-t6-5- 1400 Bayview Avenue•Mattituek, NY. the Building Inspector's December 7, 9.1 SCTM#'s1000-106-11-12,13,14;&1'6- 2015 Notice of Disapproval based on an 1:30 P.M.- DONNA WEXLER and 10:10 A.M.--RICHARD Anel KATH- application for building permit to con- RODNEY T.OUARTY#6919-Appli- LEEN O'TOOLE #6913 - Reclitest for struct additions and alterations to exist- cant requests a Special Exception undo - Variance fromArticle III Section 280-15F ing single family dwelling,at;1)less than Article III,Section 280-13B(13).The Ap- and the Building Inspector's November 9; the code required rear yard setback of plicant is the ownei requesting authoriza- 2015 Notice of Disapproval based•on an 35 feet,2)more than the maximum code tin to establish'an•Accessory Apai tment application for'building'permit'for ac- allowable lot'coverage of 20%, located in'an accessory'shuctuie,:2),accessoiy'.; LEGAL NOTICE ' cessoryin-ground Swimming e { � g pool,,at;1) at 535 Meadow Lane Cutchogue, NY apartment exe8eds..edde-ina�iinum'al SOUTHOLD'TOV1I'. 'Ql?In4G ,. -proposed in location other than the code SCTM#1000-116-2-20' lowed square•reet'of;750,`loctited at.1775 BOARD OF APPEALS required rear yard or front•yard'dii we- 11:30 A.M. - RICHARD and LISA Indian Neck'Lane (adj.(to. Richmond THURSDAY FEBRUARY 4,2016 ' terfront property,located at:700 Peconic ISRAEL#6917 - Request for Variance Creek) Peconic,NY.ySCTMjk 1000-g6-5- PUBLIC HEARINGS Bay Boulevard (adj. to•Greaf.'Peconic from Article XXIII Section 280-124 and 9,1�, NOTICE IS HEREBY GIVEN,pur- Bay)Laurel,NY.SCTM#1000-145-2-6 the Building Ins'pector's October 21;'• " 2:00 P•1bT:`-EISA GILLOOLY #6922 suant to Section 267 of the Town Law and 10:30 A.M.-STEPHEN and ARDA 2015,amended November 2,2015 Notice - Request for Variances, from Article Town Code Chapter 280(Zoning),Town HARATUNIAN #6911 - Request for of Disapproval based on an application XXIII Section 280-124,Article III Sec- of Southold,the following public hearings Variance from Ariicle XXII Section 280- for building permit to demolish exist- don 280-15C&F and Article XXII Sec- will be held by the SOUTHOLD TOWN 116A (1) and the Building Inspector's ing dwelling and construct a new single tion 280-105A and the Building Inspec- ZONING BOARD OFAPPEALS at the November 5,2015 Notice of Disapproval family dwelling with elevated patio, at; ton's October 19,2015 Notice of Disap- Town Hall,53095 Main Road,P.O.Box based on an applicatidii fdr,building per- 1)less than the mmimum code required proval, last amended January 5, 2016 1179,Southold,New York 11971-0959,on mit to demolish existing dwelling and front yard setback of 35 feet,2)accessory based on an application for building pei- THURSDAY FEBRUARY 4.2016. construct a new single family dwelling,at; shed in location,other th'an,grar)ted'in mit to construct an accessory garage,"as 9:15 A.M. - 9300 ROUTE 25,INC. 1)less than the code required bluff set- prior ZBA#4815,located at:'685 Osprey built"deck addition and"as built"fence, (PAWLOWSKI) #6914 - Request for back of 100 feet,located at:1205 Sound- Nest Loop Road(adj.to Gull Pond Inlet) at;1)accessory Garage:proposed at more Special Exception per Article III Code view Avenue Extension(adj.to Long Is- Greenport,NY.SCTM#1000-35-6-27 than the code maximum square footage Section 280-13B(7),the applicant is re- land Sound)Southold,NY. SCTM#1000- 12:00 P.M.•'FRANK.1.and ELIZA- allowed of 750 square feet,2,)Accessory questing permission to construct an an- 50-2-13 BETH G.KELLY#6898— Adjourned nual membership club,located at: 9300 10:50 A.M. - ISLAND ESTATE from 1/7/16)This is a request under Ar- qui ed proposed front yard setback of 40 feet from #12559 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 24th day of December, 2015. • Principal Clerk day �/' Sworn to before me this r^/ of ,� !j2015. -� VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified in Suffolk County My Commission Exptras February 28, 2016 ditions and altercations to and•conversion of fast to the B&B,casual;transient roomers wood Road (adj.to Great Peconic Bay) _ an existing stoiage building to include a Wirie Location of_Property:26755_iviain Road C utchogue,NY,SCTIv1#1000-116-4 2 LEGAL NOTICE production building,at;less than the code re- CutchogueNY`SCTM#1000-109=2-14 ;,.'12;00 PM:-GEOR(1E= / - BOARD MEMBERS �,i ®u= -Southold Town Hall Leslie Kanes Weisman,Chairperson /�� �� ��® 53095 Main Road•P.O.Box 1179 I� a® , ,; ;; �® Southold,NY 11971-0959 Eric Dantes ; ' Wit, Office Location: Gerard P.Goehringer % �� Town Annex/First Floor,Capital One Bank George Horning ®+ x = a®yet 54375 Main Road(at Youngs Avenue) Kenneth Schneider -. tC0y ( / Southold,NY 11971 ... I http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 3, 2015 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town Of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, DECEMBER 3, 2015: 2:00 P.M. - FRANK J. and ELIZABETH G. KELLY #6898 — This is a request under Article XXVI Section 280-1460 requesting Reversal of the building inspector's Notice of Disapproval dated August,31, 2015 requiring site plan approval under Article XIII Section 280-51A(2), located at: 1900 Great Peconic Bay Boulevard (adj. to Brushes Creek) Laurel, NY. SCTM#1000-145-4'3 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(a_Town.Southold.nv.us Dated: November 9, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS / MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http•//southtown.northfork.net November 9, 2015 • Re: Town Code Chapter 55 —Public Notices for Thursday, December 3, 2015 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before November 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the • hearing, providing the returned letter to us as soon as possible; AND not later than November 23rd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later November 24th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before December 1, 2015. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends i1TKE OF HEARIk The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : KELLY , FRANK # 6898 SCTM # : 1000 - 145-4-3 VARIANCE : REVERSAL OF NOTICE OF DISAPPROVAL REQUEST: LEGALIZE A P ` E- EXISTING MARINA DATE : THURS . , DEC . 3 , 2015 2 : 00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765- 1809 �1' V \` \L \'V'�\ •.\', , ( #12519 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 26th day of November, 2015. 10:40 A.M.-BRUCE ROTHSTEIN - , #6901-Request for Variance from At ti- LEGAL NOTICE etc XXIII Section 280-124 and the Build- SOUTHOLD <--- TOWN ZONING ing Inspector's October 21,2015 Notice BOARD OF APPEALS of Disapproval based on an application THURSDAY DECEMBER 3,2015 foi building pet mit to construct a second4... PUBLIC HEARINGS story addition to existing single family Principal Clerk NOTICE IS HEREBY GIVEN,pur- dwelling,at;1),less than the minimum suant to Section 267 of the Town Law code iequired side yard setback of 15 and Town Code Chapter 280 (Zoning), j feet,located at:7390 Great Peconic Bay Town of Southold,the following public I Boulevard (adj. to Great Peconic Bay) heat ings will be held by the SOUTH- : Laurel.NY.SCTM#1000.126-11-11 . .2.,_. r-,, , OLD TOWN ZONING BOARD OF day of 2015. APPEALS at the Town Hall. 53095 Main Road, P.O. Box 1179, Southold, 11:00 A.M. - LINTON DUELI, New Yetk 11971-0959,on THURSDAY ' #6895 - Applicant requests a Special DECEMBER 3,2015 Exception under Article III, Section 9:15 A.M.-HEATHER and RICH- 280-13B(13).The Applicant is the owner0 ' ARD PETROWSKI #6896 - Request requesting authorization to establish an fou Variances from Article XXII Sec- Accessory Apartment in an accessory _ tion 280.116B and Article XXIII Sec- situctuie,located at:450 Private Road tion 280-124 and the Building Inspec- #14(adj.to Orient Harbor)Orient,NY. CHRISTINA VOLINSKI tor's October 26,2015 Notice of Dis- SCTM#1000-24-2-12 appioval based on an application for 11:20 A.M. - LINTON DUEL', NOTARY PUBLIC-STATE OF NEW YORK building permit for demolition of exist- #6894-Request for variance from Ar- No. p 1 X106105©50 ing building and construction of a new tide III Section 280-13 and the building Qualified 1 Suffolk County family dwelling, at. 1) less than inspector's Notice of Disapproval dated the code required bulkhead setback of September 25,2015 based on a building My Commission Expltes'•February 28, 2016 75 teet,2) less than the code required ' permit application for construction of — I front yard setback of 35 feet,located at; an accessory garage with living space,at; 295 East Legion Avenue(adj.to James not to exceed more than one dwelling 22-3-26 eek) Mattituck, NY SCTM#1000- on each lot,slitutes a second dwelling constructiond 123unit,located 12 9_30 A.M.- PETER COCOLARAS at•450 Private Road#14(adj.to Orient 2x30 P.M. + #6027 - Request tot variances Article ; Harbor) Orient,NY.SCTM#1000-242- CELLAR, INC.-SOUTHOLD FARM + 1 Ill Sectionuildi280-15nspeand 280-150eand 12 - Request tor Variances under Article the building inspector's Notice of Dis- 1:15 P.M. - OLD NORTH ROAD III Code Section 14 and approval dated September. 29. 2015, BARN, LLC (CLAUDIA PURITA) the Building Inspector's 280-13A(4),80April 9, d amended October 28,2015 based on an #6903 -This is a request under Article last amended October 27,2015 Notice application foi a building permit to con- XXVI Section 280-146D requesting an of Dmendoval a permit slruct an accessory garage.at 1)location INTERPRETATION of Town Code, for conversion foran buildingln building other than the code required rear yard, Article III,Section 280-13A(4),"Major to include a tasting room and the con- 2) donne]s at mote than the maximum Road", appealing the Building Inspec- struction of a new winery building, at: code allowable 40% of roof width,lo- tor's amended October 13,2015 Notice 1)less than the code minimum required sated at;1095 Hyatt Road Southold,NY. of Disapproval for additions and alteca- setback of 100 feet from a major road,2) SCTM#1000-50-1-14 bons to and the conversion of an exist- sets than the ode tfquired developme2 9:5t1 A.M.-BEN and DIANE BENE- mg storage building to include a wine intact square footage of 80.000 square DIKTSSON #6900 - Request for Van- production building at less than 100 feet per use,located at:860 Old North nice from Article IIi Code Section 280- feet from the road,located at:5195 Old Road Southold, SCTM#1000-55-1-7 I$C and the Building Inspector's April 6, North Road Southold,NY.SCTM#1000 gr 8 3 :015,renewed October 1,2015 Notice of 51-3-5 The Board of Appeals will hear all Disapproval based on an application foi 1:30 P.M. - OLD NORTH ROAD persons or their representatives,desiring building permit to construct an accesso- BARN, LLC (CLAUDIA PURITA) to be heard at each hearing,and/or desir- ry garage,at;1)square footage of more #6902-Request for Variance under Ar- ing to submit written statements before than the maximum code allowed of 750 tide III Code Section 280-13A(4) and the conclusion of each hearing. Each square feet,located at:1655 Evergreen the Building Inspector's August 10,2015, hearing will not start earlier than desig- Drive Cutchogue,NY.SCTM#1000-102- amended October 19, 2015 Notice of nated above. ,Files at e available for re- 1-4.5 Disapproval for a building permit for ad- view during regular business hours and 10:10 A.M.-ALEXANDER KOFI- damns and alterations to and conversion prim to the day of the earing. If you NAS,AS TRUSTEE #6893 - Request of an existing storage building to include have questions,please contact our office for Variance from Article XXIII Section a wine production building,at;less than at, (631) 765-1809,or by email: Vicki. 280-122 and the Building Inspector's the code required minimum setback of Toth South,ld.ny.us. October 15,2015 Notice of Disapproval 100 feet front a major road,located at: Dated:November 9,2015 based on an application for building per- 5195 Old North Road Southold, NY. ZONING OF BOARDAPPEALS mit to construction alterations to exist- SCTM#1000-51-3-5 LESLIE KANES N,CIIAIR- ing nonconforming accessory garage,at: 2:00 P.M.-FRANK J.and ELIZA- PERSON proposed alteration creates new nook BETH G.KELLY#6898-This is a re- BY:Vicki Toth conformance,located at:805 West Road ' quest under Article XXVI Section 280- 54375 Main Road(Office fico Location) (adj. to Peconic Bay) Cutchogue, NY. 146D requesting Reversal of the build- 53095 Main Road f nglUSPS) SCTIVI#I000-110-7-4 mg inspector's Notice of Disapproval P.O.Box 1179 10:20 A.M.-GIOIA TURITI'O and dated August 31,2015 requiring site plan Southold,NY 11971-0959 NABIL EL SHERIF #6899 - Request appi.ovalunder Article XIII Section 280- 12519-1T 11/26 I'm Variances front Article III Section 51A(2),located at:1900 Great Peconic 280-15 and the Building Inspector's Oc- Bay Boulevard(adj.to Brushes Creek) tober 21, 2015 Notice of Disapproval Laurel,NY.SCTM#1000_145-4-3 based on an application for building per- mit lot accessory gazebo and'as built' , accessory shed,at; 1) accessory gazebo proposed in location other than the code rcquued tear yaid 2)'as built'accessory shed located in other than the code re- quited rear}aid,located at•:1800 Park Way and 40 Beachwood (adj to Goose Creek)Southold.NY.SCTM#'s 1000-70- 10-61 1 &62.1 II 0 /' I' I' TOWN OF SOUTHOLD ()- 0°I re ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK k�4 1 o -'rte L- AFFIDAVIT OF In the Matter of the Application of MAILINGS -S g-^ V.e.,LLY t1 t- 6)q3cto (Name of Applicants) • SCTM Parcel# 1000- 14,c—L{ —3 COUNTY OF SUFFOLK STATE OF NEW YORK I, W44izIF} ) R. {;ee,S LJOc7 CUFF Pr, . 01 r i rTtPC/4 residing at > , New York, being duly sworn, deposes and says that: On the 17tilday of NO EM WV , 2015,I personally mailed at the United States Post Office in pi H-j 'Ick ,New York, by CERTIFIED MAIL RETURN RECEIPT REQUESTED, a true copy of the attached Legal-Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the> ssessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, ' or vehicular right-of-way of record, surrounding the applicant's property. lilCL.... ___ 62--- 2JL6 , (Signature) A Swo1 'to b-fore i� 3 2° d., of • 41F,r- o I5 N DANIEL C. ��� / i Notary Public S�b�OSS r _ _/•• of ®w Y \ � �� No. 49071 York Qua- lined 7s (Notary Public) Coon uasnedion in Sulk Cour Ex .--7.`"1-. 31,2 j�'7 ji PLEASE list on the back of this Affidavit or on a sheet of paper,the lot numbersnext • to the owner names and addresses for which notices were mailed. Thank you. 4 (0, 1/9 �ur Re: Appeal of Building Inspector's Notice of Disapproval, dated 8/31/15 Premises: 1900 Great Peconic Bay Blvd., Laurel, New York SCTM: 1000-145-4-3 Appellants: Frank J. Kelly and Elizabeth G. Kelly ZBA #: 6898 Kathleen Knapp - SCTM#: 1000-145-4-4 2260 Peconic Bay Blvd. Laurel,New York 11948 James Murray - SCTM#: 1000-127-8-13 1905 Great Peconic Bay Blvd. P.O. Box 305 Laurel,New York 11948 Jerome Morrissey and Linda Morrissey - SCTM#: 1000-145-4-2.1 504 Morris Avenue Rockville Centre, New York 11570 Southold Town Attorney's Office - SCTM#: 1000-145-4-4 Town Hall Annex 54375 Route 25 P.O. Box 1179 Southold, New York 11971 if pt II U S Postal Serv�r� M U,S. Postal Servicem RECEIPT RECEI CERTIFIED: M1- TM CERTIFIED .M o I LTM (Domestic'Mail l No Insurance,Coverage Provided) d] ;,{Domestic Mail Only;No Insurance Coverage Provided) ul (DOn a ,Y� Q -For,delivery in LAUREL 1 4 bsite at www usps corn®, -,;;, o For delivery information Visit—our website at www usps cgm® ,,•f information visit our we, ,t�tY x-11 4°� 4,3 s a if m 0952 m $3 4 0952 4 ni Posta g?§ 06 ? Pos gr; $2_$0" 06 . `C Certified Fee $0.00 -Li $0.00 Fee $0■C0 IO $0.00 Postmark O $0.00 Postmark Return Receipt Fee p Return Receipt Fee U.00 Here ci $0.00 Here p (Endorsement Required)ca $U.UJJ (Endorsement Required) $0.00■ p Restricted Delivery Fee 0 Restricted Delivery Fee (Endorsement Required) in (Endorsement Requt$0) p $0 p $ 11/17/2015 0 Total Postage&Fees $ 11/17/2015 -Total Postage&Fees 96 ru $6. fl ru Sent To Sent Tor9 -Tame-5 r1 l �T' 11,eJ€-fr ICA-Lapp Street Ap �1�U2�2 Q p or PO Boxt N o.; © Pe(�{7 /�4• �1�d CI or PO Box No. POx 0� N Citi State,ZIP+4 [� �9 City,State,ZIP+4 tWp eJ, n% /1948 � 2 I- L it gzt7'J w PS Form 3800LAugust,200 ,.. _ _>.;See,Reverse for Instructions PS''Form 3800 August 2006 ,See Reverse for Instructions J U.S, Postal ServiceTM U.S. Postal,ServiceTM CERTIFIED`MAILTM RECEIPT CERTIFIED MAILTM RECEIPT r1 (Domestic Mail Only;No'Insurance Coverage Provided) ru (Domestic Mail Only;No„Insurance Coverage Provided) r,- ru `,For delivery information visit our website at www.usps.com® IU ' For delivery information visit our website;at.www uses corn® „ ., p 5OUT �LD� 11!71 ROGK I LIE ENR i ” m 11 If" Ii Ii L U S E $ 0952 M 13.4 - 0952 Postage $2-80 206 1 Posta $2-R0 06 ..D $0.00 Certified Fee Certified Fee $0■00p $0.00 Postmark $0.00 Postmark p Return Receipt Fee $0.00 Here CI Retue Receipt Fee $0.00 Here c3 (Endorsement Required) $0.04-- $0.00 Q.00— (Endorsement Required) $0 r 00 m p Restricted Delivery Fee 0 Restricted Delivery Fee (Endorsement Required) p (Endorsement Required) 1 a - $Ia■70 11/17/2015 Total Postage&Fees 11/17/201 5 Total Postage&Fees° $id. p C3 pr1J ,,, $e X6.1 - a r9 Sent To �v- Y� Solrti,vLc�ial f�7z�7210.e ' ER., a-�opte -/-Lth da_ 12 215 se_y Street Apt.IVo.; �,, a Street,Apt:A7o.; p or PO Box No. PO 130 K (1-7? p or PO Box No..5Oif `Y1(J•-21LLS /-Ift [l-2 City State,ZIP+4 //`` City,State,Z 4 Ti-W IA 1 , 1197/ fevilCe C'o� lls7a PS Form 3800,Augus(2006 See,Reverse.for Instructions PS Form 3800,August 2006;;- _ See Reverse for Instructions;,,, i • r ir , it SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Signature • item 4 if Restricted Delivery is desired. ' /❑Agent • Print your name and address on the reverse X 14 JAL _- ,/ ❑Addressee so that we Can return the card to you. n. ¶eived"•y(Printed Name) C. Date of eli ry _(�,� • Attach this card to the back of the mailpiece, i �� or on the front if space permits. `� A 1A' , D. Is delivery address different from ite 11�'es p 1. Article Addressed to: If YES,enter delivery address below:'" D No G eiZOima X10 2/215 5 e-y = d ' pvio lz2c S.5z y ' , ' • .roil M -i i s ,,4v'- v-e t o X v 1 . �X�-i F q N y 1510 3. Service T pe ertified Mall ❑Express Mail 0 Registered ®'F um Receipt fer-Merd}mnr#ise 0 Insured Mall 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes y� 2. Article;Number7: 1'12�0�:=000� 0272;t;6433 I f 1 (Transfer from'se i `t c : ` ''rt` ,i 1 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 rI V 1 .: i i - .. SENDER: COMPLE HIS SECTION COMPLETE THIS SEG 41 ON DELIVERY • Complete items 1,2,and 3.Also complete. A.-Signature 'item 4 if Restricted Delivery is desired. ElAgent • Print your name and address on the reverse X �' ' �1 '� e) 0 Addressee "& / \of\l) so that we can return the card to you. B. ceived by(Priv ,- e) C. Date of Delivery • Attach this card to the back of the mailpiece, , or on the front if space permits. D. Is delivery address different from item 1? 0 Yes 1. Article Addressed to: = If YES,enter delivery address below: 0 No Taws Irnv2ra y / e),5-. 0purd kcohic,1 -y 81 <.l • Po Box 30,5 /� 3.,,Servs pe z CiUR d/11Y I/ i4 8 t1�Certified Mail ❑Express Mail ' ❑Registered [A-Return Receipt ferMerehei diee ❑Insured Mail 0 C.O.D. 4, Restricted Delivery?(Extra Fee) 0 Yes 2. (Transcle Numberfrom)f , ' 70'11 2000' 0000 6433 ' 0258` 1 ' (Transfer from PS Form 3811,February 2004 Domestic Return Receipt 102595-b2-M-1540 y 1 , , III i; . 1is • 1 . 1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. Sig -item 4 if Restricted Delivery is desired. ■ 'gent • Print your name and address on the reverse X �!AA1 -A '_ 0 Addressee so that we can return the card to you. 'received'.d e' - C. Date of Delivery ■ Attach this card to the back of the mailpiece, �• '.• ' J or on the front if space permits. 1 „ w—_ D. Is d li�R address - , . Item : - 1. Article Addressed to: g—, Y ' , J / v � IfYESy. �nt���liejaddr= s.ew: 0 No oG,/vo/d A1 }�VDRIUEy oco ,j -5-.4/.3 75 ' `o Uk 15 3. Service ype PR 0 , //2 0X �� 7 1 ertified Mall 0 Express Mail S o U-' / l Gi 11,N y rig- r 0 Registered ,r.-R13turn Receipt fe'-Merehandtse ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. ArticleNir'nkil ;MI; i`; r:t! c' t• ° f( i iiiliii /HI (Transferfror% 7011 2.000 0000 6433 0241 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-154o:1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY • Complete items 1,2,and 3.Also complete A. signs) • item 4 if Restricted Delivery is desired. X , ❑Agent • Print your name and address on the reverse /// < ❑Addressee so that we can return the card to you. B. R-ceived b 'ted Name) C. Date of Delivery • Attach this cans to the back of the mailpiece, or on the ft&t ii`space permits. w '.—'' D. Is delivery address different from item 1? 0 Yes ., 1. Article AJdd�ressed to: / � If YES,enter delivery address below: 0 No t,2. Lc 0 p hoc 14-y vd c 'Rd) '°y //q` (3 3. Service Type iat;rtified Mail 0 Express Mail ❑Registered .-Return Receipt fe-Merebardise ❑Insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra-Fee) 0 Yes r 2. ArticleNumberr[ 2;0001 tOC10L i 6133 =x'2655" ;, I i (Transferfromse ' °' I"?�`�'1 ; 1P PS Form 3811,February 2004 ,Domestic Return Receipt %102595.02-M-1540 ' 0 till *0298 SOUTHOLD TOWN ZONING BOARD OF APPEALS , COUNTY OF SUFFOLK x li 1 APPLICATION and EXHIBITS of FRANK J. KELLY to the 11 SOUTHOLD TOWN ZBA SEEKING REVERSAL of the l„, BUILDING INSPECTOR'S NOTICE OF DISAPPROVAL, J, dated AUGUST 31, 2015 i'' Appellants: Frank J. Kelly and Elizabeth G. Kelly Re: Premises: 1900 Great Peconic Bay Blvd., Laurel,New York, SCTM: 1000-145-4-3 l' ', x AFFIRMATION OF POSTING - #6898 111111 1 Ii ;, DANIEL C. ROSS, being duly sworn, residing at Woodcliff Drive, Mattituck, NY and 'f being an attorney duly admitted to practice law in the Courts of the State of New York affirms the ”, following under penalties of perjury: I am over the age of eighteen(18) years,not a party to this ',It action, not related by blood or marriage to either of the parties to this action, and I reside at Mattituck,New York. , That on November 23, 2015, I placed the Town's Official Poster, with the date of the hearing and nature of Frank J. Kelly and Elizabeth G. Kelly 's application noted thereon securely . upon the fence that is facing Great Peconic Bay Blvd. located on the captioned premises located i! ten(10)feet or closer from the street facing the street and that I hereby confirm that the Poster has remined in place for seven(7) days prior to the date of the sugject hearing which hearing date was shown to be December 3, 2015. (' a44 1� I 4.iff.ard. 1 ../A4 fV DANIEL C. ROS :I ;I+ ; .---:\A•4-1,14 'kb"- IVAACilL C J elJ(nPee„ ,zi�g©) q� i / 4 / 0 W0 ; 1 1 , O 1 / i i KIRSTEN E. HESPOS Notary Public, State of New York No, 01 HE6174810 Qualified in Suffolk County ' Commission Expires 09/24/20 1 b 1 , 'c, ';„ �� �✓fJ - -,, I - / 4 - : Kee & Keegan, Ross & Rosner, LLP (6g7-8. "..' ATTORNEYS AT LAW t1,, Thomas J. Keegan Jr. 315 Westphalia Avenue Phone 631.298.1200 {11 Daniel C.Ross Post Office Box 146 Fax 631.298.4427 i µer{^ "y;§ Jamie G.Rosner Mattituck, New York 11952 Web»www.keeganlaw.us ' Thomas J.Keegan(1923-2003) } +'d,); , SI --"4'�k'`. ,`g November 23, 2015 it j Southold Town Zoning Board of Appeals ;. ;c. Town Hall Annex Building P. F ,. 54375 Route 25 „ "'i P.O. Box 1179 1 ° Southold,New York 11971 11 ,; .t', "`3 Re: Appeal of Building Inspector's Notice of Disapproval, dated 8/31/15 ri Premises: 1900 Great Peconic Bay Blvd., Laurel,New York „,, SCTM: 1000-145-4-3 ° Appellants: Frank J. Kelly and Elizabeth G. Kelly i' 's, "" ZBA#: 6898 ';'"', ,rc To Whom this May Concern: 'i! Enclosed please find the affidavit of service of the Legal Notice together with the original A ,0,' e' e U.S. Mail Certified RRR White Slips and signed Green Cards. r,. i ,2; °1 SOUTHOLD TOWN ZONING BOARD OF APPEALS ,t3ll COUNTY OF SUFFOLK X APPLICATION and EXHIBITS of FRANK J. KELLY to the SOUTHOLD TOWN ZBA SEEKING REVERSAL of the BUILDING INSPECTOR'S NOTICE OF DISAPPROVAL, dated AUGUST 31, 2015 Appellants: Frank J. Kelly and Elizabeth G. Kelly Re: Premises: 1900 Great Peconic Bay Blvd., Laurel,New York, SCTM: 1000-145-4-3 X AFFIRMATION OF SERVICE DANIEL C. ROSS, an attorney duly admitted to practice law in the Courts of the State of New York affirms the following under penalties of perjury: I am over the age of eighteen (18) years, not a party to this action, not related by blood or marriage to either of the parties to this action, and I reside at Mattituck,New York. That on October 29, 2015, I served the within APPLICATION and EXHIBITS of FRANK J. KELLY to the SOUTHOLD TOWN ZBA SEEKING REVERSAL of the BUILDING INSPECTOR'S NOTICE OF DISAPPROVAL, dated AUGUST 31, 2015 by delivering the original and nine copies thereof and a check payable to the Town of Southold in the amount of $300.00 as directed by Victoria at the Office of the Southold Town Zoning Board of Appeals and I served a copy thereof upon the Building Inspector 14. hael Verity at the Office of the Building Department on October 29, 2015. 02 ./L,t5CC a14— 1, / 5 1 DANIEL C. ROSS Office Location: g SOo, Mailing Address: Town Annex/First Floor,Capital One Bank � •. 53095 Main Road 54375 Main Road(at Youngs Avenue) . P.O. Box 1179 •Southold,NY 11971 .' � Southold,NY 11971-0959 I04.•Iv http://southoldtown.northfork.net BOARD OF APPEALS i TOWN OF SOUTHOLD El E.- E OCT 2 9 2015 Tel. (631) 765-1809 Fax(631) 765-9064 Southo{tl'Fown October 30, 2015 Planning Board Mark Terry, Principal Planner LWRP Coordinator Planning Board Office Town of Southold Town Hall Annex Southold,NY 11971 Re: ZBA File Ref. No. # 6898 KELLY, Frank Dear Mark: We have received an application for a request for a reversal of the Building Departments Notice of Disapproval for the legalization of an existing 14-slip marina. A copy of the Building Inspector's Notice of Disapproval under Chapter 280 (Zoning Code), and survey map, project description form, are attached for your reference. Your written evaluation with recommendations for this proposal, as required under the Code procedures of LWRP Section 268-5D is requested within 30 days of receipt of this letter. Thank you. Very truly yours, Leslie K. Weisman Chairpers n By: , I I • ice. BOARD MEMBERS ��0 ' SOU? = Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road• P.O.Box 1179 4 h c Southold,NY 11971-0959 Eric Dantes E Office Location: Gerard P.Goehringer ; . ' ' ,i Town Annex/First Floor,Capital One Bank George Horning �� ' Alio` J���� 54375 Main Road(at Youngs Avenue) Kenneth Schneider =ICOUN Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631) 765-1809•Fax(631)765-9064 April 22, 2016 Dan Ross PO Box 146 Mattituck, NY 11952 Re: ZBA File#6898 - Kelly Dear Mr. Ross: Enclosed is a copy of the Zoning Board's April 21, 2016 determination filed today with the Town Clerk regarding your application. Sincerely, �: � Vicki Toth Encl. CC: Building Department N 291,481 % 2 / n 9t1, 9 71 I ° ��O // 1 9L n° / 2 Q y 6 g / S ��OJt� 4' , iii y; e / 's S a6�.- 16 ,sem oe s e^ 1 Y s �O/p1 - 92 ® 1, al._ p /o s 6 PC ' /V.. 4. . a ^6 �STi a / o O @ ' s a 5 '6 ' Vie, 'y,�� 1A ` $ 1 `,• 4, ��` ,yR•, % `�=i ,s:\ :‘ $ 9 •91 • L 1• ti '+' qa ,T° 'e3 e O . Q ;P m •K1'5 mi o N9 '. Q.. `� .r :.: 1yP,cl • , 1 '?b • '`, rq ,` `, 'St 4,g 8 C' p, ' %' i� • 4, 11A q6'4 J 6 Q' �' \� wWN 'tb � �A\ 4 ,3P ��� C g� � 4yt•• �oaE `P 1� (PARK) I !/ ( ) J 7 L F L. _ Lcio- 1VS- cp-3 ,-------- P� 3 Mc b -t° .j: 6 i la7®8®/3 z ILc -- y- — if ' G0 Q) N289,581 NOTICE yyycDo.'Up, COUNTY OF SUFFOLK © E 1n 120 TOWN OF SOUTHOLD SECTION NO WWD MAINTENANCE ALTERATION,SALE OR � , 9 Real Property Tax Service Agency Y IT DISTRIBUTION OF ANY PORTION OF THE *-- I.' fb 129 VILLAGE OF 145 SUFFOLK COUNTY TAX MAP IS PROHIBITED r-' County Center Riverhead, 13n -^ � SCALE IN FEET M �iER ETHOUT WRITTEN PERMISSION OF THE 5' t00 0 100 200 p' nisi DISTRICT NO 1000 REAL PROPERTY TAX SERVICE AGENCY yi9 P 0600 PROPERTY MAP CONVERSION DATE Aug 08 2012