Loading...
HomeMy WebLinkAbout3938 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOT'I' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3938: Matter of the Application of VILLAGE MARINE for Variances to the Zoning Ordinance, Article XI, Section 100-112, Article XII, Section 100-111C(1), Article XXIII, Section 239.4, and Article XIX, for permission to construct addition to existing principal building with insufficient setbacks from the bulkhead, the easterly (rear} property line, maintaining the nonconforming northerly (side) setback, and to locate boat storage structure (boat rack) with insufficient setbacks from the northerly (side), westerly, easterly property lines, and bulkhead. Also requested is relief, as may be deemed necessary concerning parking and/or landscaping under the current revisions of the site plan regulations. Zone District: Marine I (M-I). Property location: James Creek, east side of Bay Avenue, Mattituck, NY; County Tax Map District 1000, Section 122, Block 3, Lot 15.1. At a Meeting of the Zoning Board of Appeals held on November 29, 1990 the following action was taken: WHEREAS, the Board has carefully considered all testimony and documentation submitted into the record concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, previous zoning, and the surrounding areas; and its WHEREAS, this project has received conditional approval from the Southold Town Trustees and has received a Negative Declaration under the N.Y.S. Environmental Quality Review Act (SEQRA) by the Town Trustees for this project; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicant requests variances to the zoning code as to area setbacks in the proposed: (a} removal of an existing 36' by 26' metal building presently located at the rear {east} of the principal building and in Page 2 -Appl. No. 3938 Application of VILLAGE MARINE Decision Rendered November 29, 1990 place thereof a proposed 60 ft. by 40 ft. addition, and (b) proposed boat rack of a size 11 ft. by 102 ft. {1122 sq. ft. ground area}. The outside area of the site, as well as the existing metal building, has been used for the service, maintenance and/or repair of boats docked at the owner's marina facility, and the addition would encompass the same activities. The boat rack is proposed to compactly store boats which are presently stored for service or repair about the site. The placement of both the addition and the boat rack storage structure will not meet the current requirements of the zoning code as provided under the landscaping or parking requirements and for which relief is also requested. 2. The premises in question is located on the easterly side of Bay Avenue in the Hamlet of Mattituck, Town of Southold, contains a total upland area of approximately 23,645 square feet, and total area as shown on the Suffolk County Tax Maps and assessors records of 39,640+- square feet. 3. The subject premises is located in the Marine I (M-I) Zone District and is and has since prior to the enactment of zoning in 1957 been used for outside boat storage, as well as marina uses, retail uses, engine and boat repairs, servicing, maintenance, sales to the general public, incidental office use, and other related marina uses, and uses accessory thereto. 4. The premises is bounded on the north by a gasoline service station: on the west by a town road (Bay Avenue) and opposite Bay Avenue, a bank; on the east by a real estate office located in the General Business (B} Zone District and partly by a right-of-way which is in the R-40 Residential Zone District; on the south by the existing marina at James Creek. The gasoline station abutting the premises on the north side is also located in the Marine I (M-I) Zone District as well as that area abutting to the south of the subject parcel. 5. The building addition and the storage rack, as proposed, are shown on the site plan prepared by Glueckert and Wieber, Architects, lastly dated October 18, 1990. The setbacks for the proposed addition are: (a) 28.6 feet at its closest point to the south along the tie line along wood bulkhead; (b) 48+- feet at its southeast corner to the tie line along the wood bulkhead; (c) at 3.0 feet, maintaining the same northerly side yard setback as the existing building(s); (d) 20+- feet to its closest easterly rear property line; (e) 63+- feet to the furthermost easterly property line, along land referred to as "R-O-W." Page 3 -Appl. No. 3938 Application of VILLAGE MARINE Decision Rendered November 29, 1990 6. The principal building and 36' by 26' metal building, are shown to be set back, as exist since prior to the enactment of zoning: (a) from the southerly bulkhead 28+- feet at their closest points (both addition and metal building) and 42+- and 48+- feet at their furthest setback points, metal building and addition, respectively; (b) from the northerly side property line at 3+- feet at its closest point; (c) from the westerly front property line 32+- feet at its closest corner; (d) from the easterly property line at its closest point 80+- feet; 49+- feet to the existing metal building from the easterly property line. 7. The upland area of the site is unique in configuration, size, and character, and contains a smaller upland lot size and width than as provided in the current zoning code for total lot size and width. It is noted that although there have been seven parking spaces provided for the current uses and building area on this site; and the Master Plan regulations, as amended January 9, 1989 provides for different methods of calculating the number of parking spaces and the landscaping areas for newly established businesses or new uses. Any business, building or uses which have not been established prior to these amendments would apply under the new regulations, and those that have preexisted these regulations are permitted to continue without a mandate to comply with the new regulations, provided there is no expansion or modified use. 8. It is the position of this Board that: (a) the addition to the existing principal building is not an expansion of the existing use, nor is it a newly created use, since the addition will be used by employees providing the same services and repair activities which have been conducted at the site in both the existing metal building and outside of the existing building areas and as each relates to the established marina and boat storage uses; (b) the addition to the existing principal building, as proposed, is an improvement that: 1. will provide a protected and heated area for the employees to service and make repairs; Page 4 -Appl. No. 3938 Application of VILLAGE MARINE Decision Rendered November 29, 1990 8 (b). 2. will provide for the discontinuance of repairs in open areas at the site, and these open areas will now be made available for a reduction of congestion and provide better maneuverability and efficient and safe circulation for vehicles and pedestrians, and for parking which was not previously available to the same degree; 3. will make provision for a better parking plan and for increased landscaping, which presently is not provided, and will encourage customers to park on-site rather than along Bay Avenue; 4. will provide all runoff or discharge into drywells or catch basins to prevent runoff into James Creek; (c) the uses and the property as now exists, and has existed in the past, do not violate zoning, have been legally established at the site, and are not prohibited under the zoning regulations from continuing; (d) although the Master Plan and Zoning Amendments were adopted subsequent to the establishment of this property and its uses, there is no question in this Board's view that the uses are conforming uses under the current zoning regulations. 9. In considering the application for the building addition to house existing activities without an expansion of use or boat storage area, the Board finds that: (a) the setbacks of the addition, as proposed, are not excessive as compared to the existing established setback to the bulkhead at the southwesterly corner of the principal building; however, the relief in relation to the current zoning regulations, as amended, is substantial as to the total requirements; (b) the unique characteristics of the land and its limited buildable upland area lend to the hinderance of obtaining town approvals without variances; (c) there will not be an increased intensity of use at the site; Page 5 -Appl. No. 3938 Application of VILLAGE MARINE Decision Rendered November 29, 1990 (d) if the variance for the addition were not granted, the same uses and services are allowed to continue and the effects of limited parking and landscaping or aesthetic effects on the surrounding area would not be enhanced except by voluntary abandonment by the property owner over which the town has no control; (e) the addition will not, in the board's view, be harmful aesthetically or be substantially adverse to public health, welfare or safety of the co[mmunity. (f) strict compliance with the zoning ordinance, as amended January 9, 1989 in the Master Plan Update, will cause practical difficulties since there is no other alternative to pursue, without a variance; (g) the relief, as alternatively granted, is not unreasonable and is the minimum necessary; (h) the relief, as alternatively granted, will not alter the essential character of this waterfront business and residential community; (i) attempts to improve the utilization of the premises are hindered due to the unique characteristics of the land; and sufficient proof has been demonstrated to show practical difficulties in the use and proposed improved development of his property necessitating the variance for the subject proposed addition; (j) the interests of justice will best be served by granting a variance, as alternatively noted below, for an addition to the proposed building. (k) the continued use, within the proposed building addition will not adversely affect the safety, health, welfare, comfort, convenience, and order of the town; (1) the addition and its use thereof are both in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to DENY WITHOUT PREJUDICE, the relief requested for an unenclosed boat rack storage structure of a size 11.0 by 102.0 feet, as applied; and Page 6 -Appl. No. 3938 Application of VILLAGE MARINE Decision Rendered November 29, 1990 RESOLVED, to alternatively APPROVE a 60 ft. by 40 ft. addition to the principal building, with reduction under the landscaping and parking regulations of the zoning code and as more particularly shown on the plan prepared by Glueckert & Wieber, Architects, lastly dated October 18, 1990, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Setbacks shall not be less than that applied for and shown on the October 18, 1990 plan; 2. Ten (10) on-site parking spaces shall be provided, which must remain open and unobstructed at all times, and each stall must be painted or otherwise marked to be easily noticeable. Vote of the Board: Ayes: Messrs. Grigonis, Doyen and Dinizio. (Absent were Member Sawicki and Chairman Goehringer, who abstained in this matter.) This resolution was duly adopted. RECEIVED AND FILED BY THE SOUTHOLD TOVfN CYF,.RK DATE /~/g/~° HOUR Town Clerk, Town of APPEALS BOARD MEMBERS Gerard P. Goehringe£, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, MAY 15, 1990, at the following times: 7:30 p.m. Appl. No. 3940 - HAROLD AND SARA TAUBIN. Variance to the Zoning Ordinance, Article III A, Section 100-30A.4 (100-33) for permission to construct an accessory building in frontyard area. Accessory buildings may be located in the required rear yard. Property Location 625 Terry Lane, Southold, County Tax Map No. 1000, Section 65, Block 1, Lot.23. ?age 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 7:35 p.m. Appl. No. 3937 - PATRICK LOHN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be less than 75 ft. from the bulkhead. Property Location: 2480 Minnehana Boulevard, Southold, County Tax Map No. 1000, Section 87, Block 3, Lot 57. 7:40 p.m. Appl. No. 3935 - JCM SALES AND LEASING. Variance to the Zoning Ordinance, Article XXIII, Section 239.4, for permission to construct an accessory deck, proposed construction will be less than 100 ft. from the top of the bluff. Property Location: 62825 North Road, Greenport, County Tax Map No. 1000, Section 40 Block 01, Lot 11.1. 7:45 p.m. Appl. No. 3934 - JOYLON STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 A(1), for permission to construct addition to one family dwelling. ~Proposed construction will be less than 100 ft. from the top of the bluff. Property Location: 63035 County Road 48, Greenport, County Tax Map No. 1000, Section 40, Block 01, Lot 13. ?age 3 - Notice of Hearings Southold Town Board Regular Meeting of May 15, 1990 7:50 p.m. Appl. No. 3933 - PAMELA VALENTINE. Variance the Zoning Ordinance, Article X/III, Section 100-231 A, for permission to construct an 8 ft. fence in front yard area. Fence in the front yard area not to exceed 4..ft. in height. Property Location: 1000, Section 019, to 34655 Main Road, Orient, County Tax Map No. Block 01, Lot 5 & 6. 7:55 p.m. Appl. No. 3936 - LUCAS FORD. Special Exception to the Zoning Ordinance, Article III, Section 100-31 C.9 (E), for permission to install an off-premises sign. Property Location: 43600 County Road ~48, Southold, County Tax Map No. 1000, Section 063, Block 01, Lot 1.6. 8:00 p.m. Appl. No. 3943 - GREG'S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordinance, Article III A, Section 100-30 A.2 C(1) (100-31C), for permission to construct an off-premises sign. use in this district. Sound Road, Greenport, Block 1, lot 8. Off-premises signs are not a permitted Property Location: 69435 Route 48 & ~55 County Tax Map No. 1000, Section 35, Page 4 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 15, 1990 8:05 p.m. Appl. No. 3945 - BIDWELL WINERIES. Variance to the Zoning Ordinance, Article III, Section 100-30, for permission to set up a temporary tent for cultural events. Proposed tent doesn't address this condition in A-C Zone District. Property Location: 18910 County 948, Cutchogue, County Tax Map No. 1000, Section 096, Block 04, Lot 4.3. 8:10 p.m. Exception to the Zoning Ordinance, Article III, for permission to have an accessory apartment. Location: 1000, Appl. No. 3929 - VINCENT ANNABEL. Special Section 100-31, Property 4300 Stillwater Avenue, Cutchogue, County Tax Map No. Section 137, Block 2, Lot 21. 8:1.5 p.m. Appl. No. 3932 - MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Section 100-239.4 A, for permission to construct a swimming pool, Proposed construction will be within 100 ft. of Long Island Sound. Property Location: 2830 Grandview Drive, Orient, Co. unty Tax Map No. 1000, Section 014, Block 02, lot 3.5. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 8:20 p.m. Appl. No. 3939 - GEORGE SCKNEIDER. Variance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct a one family dwelling, Bulk, Area and Parking Regulations and insufficient sideyar~ setback. Property Location: 800 Sterling Road, Cutchogue, County Tax Map No. 1000, Section 104, Block 01, Lot 29. 8:25 p.m. Appl. No. 3932 - ROBERT GREDICK. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, Article IIIA, Section 100-30A.4 (100-33), for permission to construct addition to dwelling and accessory garage in front yard area. Proposed construction will have insufficient front yard setback and accessory buildings may be located in the required rear yard. Property Location: 7825 Nassau Point Road & Clearwater Lane, Cutchogue, County Tax Map No. 1000, Section 118, Block 04, Lot 06. 8:30 p.m. Appl. No. 3931 - JOSEPH SHIPMAN. Variance tQ the Zoning Ordinance, Article X, Section 100-102, for permission to institute a second business, Bulk, Area and Parking Requirements. Property contains less than required business area. Property Location: 6619 Main Road, Laurel, County Tax Map No. 1000, Section 125, Block 01, Lot 19.7. ~age 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of May 15, 1990 8:35 p.m. Appl. No. 3942 - DAVID & MARY ANN CREATO. Variance to the Zoning Ordinance, Article III, Section 100-31 (A) 1, for permission to have a second dwelling, only (1) family dwelling permitted on each lot. Property Location: 3539 (ROW) Cox Neck Road, Mattituck, County Tax Map No. 1000, Section 106, Block 08, Lot 51. 8:40 p.m. Appl. No. 3941 - CONSTANTINE GEORGIPOULOS. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, for permission to construct a one family dwelling. Proposed construction will have insufficient front yard setback. Property Location: 1300 Lake Drive, Southold, County Tax Map No. 1000, Section 59, Block 1, Lot 21.6 & 21.7. 8:45 p.m. Appl. No. 3911 - WALTER RAFFERTY. Variance to the Zoning Ordinance, Article XXIV, Section 241A, (Article XXVII, Section 100-281 (3), as disapproved, for permission to construct additions and alterations to garage with apartment. Garage living quarters has been dormant long enough to loose its non-conforming status and the use there of. Property'Location: East End Road, Fishers Island, County Tax Map No. 1000, Section 03, Block 07, Lot 05. Page 7 - Notice of Hearings Southold Town Board of Appeals Regular Meeting May 15, 1990 /~ 8:50 p.m. Appl. No. 3938 - VILLAGE F~RINE. Variance to the ~ Zoning Ordinance, Article XII, Section 100-112, Article XII, Section 100-111(C)1, Article XXIII, Section 239.4, for permission to enlarge preexisting marina building and install boat rack (outside). Property Location: 175 Bay Avenue, Mattituck, County Tax Map No. 1000, Section 122, Block 03, Lot 15.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, Please call 765-1809. Dated May 8, 1990 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERAi~D P. GOEHRINGER CHAIRMAN by Doreen Ferwerda Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supc~isor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held b~the ~OuTnuhDTuWNBOARD OF APF~AL~ at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971 on WEDNESDAY, SEPTEMBER 26, 1990, at the following times: .7:30 p.m. Appl. No. 3961 - VENETIA MCKEIGHAN. Variance to the Zoning 6rdinance, Article III, Section 100-33, as ~napproved, for ~erm~n$ion to c~nstruct an accessory structure (gazebo) in an area other than the required rear yard. Property location: 495 Bayview Avenue, $outhold, N~; County Tax ~ap No. 1000, Section 052, Block 05, Lot 23. Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 7:35 p.m. Appl. No. 3962 - HAROLD GORDON. Variance to the Zoning Ordinance, Article XXIV, Section 100-244 B, as ~~v~l, ~~~-oc~nstz-~tan /deck} a~ditionto existing residence. Proposed construction will have insufficient side yard setback(s). Property Location: 124 Hickory Avenue, Southold, County Tax Map No. 1000, Section 78, Block 7, Lot 50. 7:40 p.m. Appl. No. 3966 PETER BLOOM. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, as disapproved, for permission to construct a deck addition to existing dwelling. Proposed construction will have insuffiCient side yard sgtbacks. Property location: 40 Old Shipyard Lane amd 580 L'H~mnedieu, Southold; Cq.unty Tax. Map No. 1000, Section 64, Block 2, Lot 53. 7:45 p.m. Appl. No. 3964 - KENNETH MINNICK. Special Exception to the Zoning Ordinance, Article III, Section 100-31 B(14), as disapproved, for permission to establish accessory apartment in proposed addition to existing one-family dwelling structure. Property location: 3305 Aldrich Lane, Laurel, County Tax Map No. 1000, Section 124, Block 1, lot 3.2. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 7:50 p.m. Appl. No. 3967 - KIM CAMPBELL. Variance to the Zoning Ordinance, Article III, Section 100-33, as disapproved, £orp-~m~iont~n~tru=tac~_ss~r~arage ~nanarea other than the required rear yard area. Property Location: East End Road, Fishers Island, NY; County Tax Map No. 1000, Section 004, Block 004, Lot 016. 7:55 p.m. Appl. No. 3963 - FRANK CURRAN. Variance to the Zoning Ordinance, Article III, Section 100-30 A.4 (100-33) and Article XXIII, Section 100-239.4 B, as disapproved, for permission to construct an accessory building in an area other than the required rear yard area and with a setback of less than 75 ft. from. the bulkhead. Property Location: 780 Hak~waters Road, (Pcconic Bay Properties S.u~li.'vision), Cutchogue, Count~ Tax Map No. 1000, Section 111, Block 1, Lot 16. 8:00 p.m. Appl. No. 3960 - THOMAS & ALLISON SARGENT. Variance to the Zoning Ordinance, Article III A, Section 100-30 A.3, for approval of insufficient area, width and depth of parcels, each with an existing single-family dwelling, in this pending division or reseparation of merged properties, and for Page 4 - Notice of Rearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 this district. Fishers Island, Lot 07. approval of reduced yard setbacks between existing structures lots will have insufficient width, depth and total lot area for Property Location: Private Road of Fox Avenue, County Tax Map No. 1000, Section 06, Block 06, 8:05 p.m. Matters of JAMES, PETER & CHRIS MESKOURIS. Appeals No. 3951 and 3957 - Variances to the Zoning Ordinance, Article IIIA, Section 100-30 A.3, Article XXIII, Section 100-239.4 (100-239d), and Article III, Section 100-31A, for proposed deck construction which requires approval as to insufficien~.~ideyards, excessive lot coverage, and reduced setback from the ~/nlmum require~from the ord/naryhighwater mark of Long Island Sound, and for approval of this substandard _marcel for dwell(ng use las o~ts) lre-se~arat~ lots ~hatare merged). Property Location: 1350 Sound Beach Drive, Mattituck, County Tax Map No. 1000, Section 106, Block 1, Lot 36 and Lot 37. Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of September 26, 1990 8:20 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. Sections 100-30A.2 (100-31A) and 100-30 A.3, Article XXIII, Section 100-230 (A), for interpretation regarding second kitchen and for permit concerning addition to the existing one-family dwelling for use as a second dwelling unit. Property Location: 185 Inlet Lane, Greenport, County Tax Map No. 1000, Section 43, Block 004, Lot 37. 8.55 p.m. Appl. No. 3938 - VILLAGE MARINE. Variances to / .t~h~ Zoning Ordinance, Article XI, Section 100-112, Article XII, Section 10071%!C(1), Article XXIII, Section 239.4, and Article XIX, ~or permission to construct ~ddition to e~isting principal building with insufficient setbacks from the bulkhead, the ' 'northerly (si?e) setback, and to'~ocate boat storage structure (boat rack) with insufficient setbacks from the northerly (side), westerly, easterly property lines, and bulkhead· Also requested is relief, as may be deemed necessary concerning parking and/or landscaping under the current revisions of the site plan regulations. Zone District: Marine I (M-I). ~ Property location: James Creek, east side of Bay Avenue,~ Page 6 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of September 26, 1990 M~t~,,-~, ~; C~untyTax/~apD/strict ~000, ~eution/22, B/~ck 3, Lot 15.1 The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. E~ted: September 6, 1990. BY ORDER OFTHE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GO~4~3_NGRR CHAIRMAN By Linda Kowalski APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF HEARINGS SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: 7:30 p.m. Appl. No. 3969 - ANDREW BURKARD. Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct two-foot extention of garage attached to dwelling with an insufficient front yard setback. Zone District: R-40. Location of Property: 370 Uhl Lane, Orient, NY; Orient-By-The-Sea Subdivision Lot No. 167, Section Three, Map 6160; 1000-15-5-24.13. 7:35 p.m. Appl. No. 3974 - DONALD L. OSANI (for GEORGE BRUDERMANN JR., Owner). Variance to the Zoning Ordinance, Article IIIA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, Page 2 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 each lot having insufficient area and proposed construction to meet setback requirements for this R-40 Zone District. Location of Property: North Side of Bayview Road and the West Side of Reydon Drive, Southold, NY; County Tax Map Parcel Nos. 1000-79-5-10 and 11. 7:40 p.m. Appl. No. 3980 - VIRGINIA OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for approval of deck addition to dwelling with an insufficient sideyard setback and reduced front yard setback. Lot area is nonconforming is this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East, Southold, NY; County Tax Map Parcel No. 1000-92-1-4. 7:45 p.m. Appl. No. 3978 - DONALD & DOROTHY SWAHN. Variances to the Zoning Ordinance, Article III, Section 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending division of land. Zone District: R-40. Location of Property: South Side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-123-8-8. Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 7:50 p.m. Appl. No. 3971 - VALERIE M. KRAMER. Variance to the Zoning Ordinance, Article XXIII, Section 239.4B and Article XXVIII, Section 281, for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) property line along Manhanset Avenue. Lot area of parcel is nonconforming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-20. 7:55 p.m. Appl. No. 3976 - THOMAS AND MARIAN SANTACROCE. Special Exception to the Zoning Ordinance, Article III, Section 100-31(9)(E) for permission to construct off-premises ground sign to advertise for business purposes. Location of Property for Sign: Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2. 8:00 p.m. Appl. No. 3972 - PETROL STATION LTD. Variance to the Zoning Ordinance, Article VII, Section 100-72 for approval of proposed Lot #4 which will have insufficient area in this Residential-Office (RO) Zone District. Location of Page 4 - Notice of Hearings $outhold Town Board of Appeals Regular Meeting of November 1, 1990 property: North Side of the Main Road (265+- feet west of Alvah's Lane), Cutchogue, NY; County Tax Map Parcel No. 1000-109-1-23 8:05 p.m. Appl. No. 3977 - BETTf J. COPIN. Variance to the Zoning Ordinance, Article III, Section 100-33B(4) for permission to locate accessory (garage) building partly in the side yard and rear yard with a setback at less than the required 20 feet from the southerly property line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Arshamomaque, Greenport, NY; County Tax Map Parcel No. 1000-52-5-54. 8:15 p.m. Appl. No. 3979 - THOMAS J. GORMAN. Variances to the Zoning Ordinance, Article III, Section 100-33 for approval of location of two accessory (storage) buildings in the front yard, as exist. The lot area of this parcel is nonconforming in this R-80 Zone District. Location of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8:25 p.m. Appl. No. 3968 - IRENE R. MILLER. Variance to the Zoning Ordinance, Article IIIA, Section 100-30A.3, and Article XXIII, Section 100-239.4A for permission to locate Page 5 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 150 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127+- feet southwest of Huntington Boulevard, a private road), Southold, NY; County Tax Map Parcel No. 1000-68-3-10. 8:35 p.m. Appl. No. 3975 - ARTHUR G. CARLSON. Interpretation and Variance to the Zoning Ordinance, Article III, Section 100-30 (as disapproved by the Building Inspector) for approval of mariculture uses to include delivery and storing of seafood, packaging, freezing and/or preparation of raw or cooked seafood (processing) for shipping and/or sales for off-premises consumption. Zone District: Conservation (AC). Location of Property: Southold, NY; County Tax Map Parcel No. Agricultural- 1575 Lower Road, 1000-69-5-13.2. 8:45 p.m. Appl. No. 3788 - SUN REFINING & MARKETING. Variances to the Zoning Ordinance, Article X, Sections 100-102: (1) for permission to establish convenience store use in conjunction with and accessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. ft. in lot area for each use, and (2) for interpretation as to height limitation of accessory (canopy) structure. Location Page 6 - Notice of Hearings Southold Town Board of Appeals Regular Meeting of November 1, 1990 of Property: Corner of the Easterly Side of Factory Avenue and Northerly Side of the Main Road, Mattituck, NY; 1000-142-1-27. Matters Recessed from September 26, 1990: 9:00 p.m. Appl. No. 3955 - DOMINICK SBLENDIDO & A. AURICCHIO. 9:10 p.m. Appl. No. 3938 - VILLAGE MARINE.~ · The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in each of the above matters, written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please call 765-1809. Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Copies to the following on or about October 19, 1990: Suffolk Times, Inc. L.I. Traveler-Watchman Town Clerk Bulletin Board (Main Lobby) ZBA Board Members (with file copies) ZBA Individual Files FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL /. V.O...C~.a. ............ ..~.~_:.-,~ act. .......... ~.~ ~, .~ .~,... ~ .~.~ ......... PLEASE TAKE NOTICE that your application dated .. ~ .~.~../.~ ........ 19 ~. 9.. forpe~it to ~0~,. ~.~..~. ~..~..~..~.~. ~.~). at Location of Property fi~].. ~ .~.. ~~ ......... ~ ~~ .......... Ham/~t County Tax Map No. 1000 Section .... J.~. ..... Block .... ~ ~ ...... Lot .. ] ~: } ....... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds..O~..'..~.. 3..~a..~.. I .o~..~ [ az--. ...~A.. ~..~. ~.~,. ~. ~.. ~ ~..~ ~. ~. ~t~. ~ ......... ................................. ~ ...... ~,~ .............................. ....... RV 1/80 IIIC:EIVEO ?-~© ~)~"~ TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR Southdd Town CImk TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Vill'age Marine (by Charles R. ,Cuddy as Attorney!.: Bo.x. !.4...05,. 1, (We) ............. Name of Appellant Street and Number V, attituck, I!Y 11952 NY ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...................................................... WHEREBY THE BUILDING INSPECTOR DENIED TO ( ) ( ) (X) ...... .CJ~.r..$.¢.$...}~,....¢.Nd.cL~....&s...&.t.~m.~.me.y....f.or V i 1 i a g e Ma r i n e Nome of Applicant for permit of ....... .B..o...x....!..5.4...7. ~ ....R. ~ .y..e_r...h..e..a..~ .,... N.Y......]..Lg.0..t .................................................... Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY Permit to build(by letter dated 3-15-90) 1. LOCATION OF THE PROPERTY East Side .o,f .B.az .A,v.e.n.u..e., M.a..t..t. it.u..c..k. M-.I Street /Hamlet Use District on Zoning Map District 1000 Section 122Block3 Lot 15...~urrent Owner Map No. Lot No. Prior Owner 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article XI Section 100-112 and Section 100-239.4 3, TYPE OF APPEAL Appeal is made herewith for (please check appropriate box) (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State bf New York Town Law Chap. 62 Cons. Laws Art, ]6 Sec, 280A Subsection 3 () 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. (to be turn1 shed) Such appeal was ( ) request for a special permit ( ) request for (3 variance and was mode in Appeal No ................................. Doted ...................................................................... REASON "'"~' no: ~, ) A Variance to Section 280A Subsection 3 X) A Variance to the Zoning Ordinance ) ~s requested for the reason that variances are necessary in order to construct addition and storage rack; i.e. rear yard setback, setback from existing bulkhead, and setback from right-of-way, all as de.picted on the site plan and topographical maps submitted herewith. (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce pmcticaldifficulti~ orunneces- soN HARDSHIP b~ause: (a) there is noalternative location on this site for any type of building construction that would not also required variances; (b) the property owner would like to improve his property and better facilitiate and utilize the activities permitted in this M-I Marine Zoning District. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because the subject premises is · located i'n the M-I Marine District with frontage along James Creek and Bay Avenue and abutting lands used commercially. 3. The Variance would observe the spirit ofthe Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because the area is of a commercia! and marine na'ture and the building construction proposed by this variance application would allow the services for this marine to be conducted in an enc!osed building and would allow more open upland area for maneuverability of vehicles and boats. ) SS .......... Village Marine Sworn to this ........2.1,~..~ ............................. day of ......... ~l~..~.h ................................... 19 90 Notary Public To~N'~OF SOUTHOLD ~b'i~OliERTY RECORD CARD OWNER ' LAND ZILo0 AGE SEAS. IMP. RES. STREET · ~ / c_' lcd ,N VL - FARM TOTAL DATE VILLAGE w COMM. ,~,.~.(~J IND. DISTRICT SUB. LOT ACREAGE TYPE OF BUILDING REMARKS (/// :' ... BUILDING CONDITION NEW NORMAL BELOW ABOVE Farm Acre Value Per Acre Value TjIlable I Tillable 2 tillable 3 bWcodland Brushland [House.pl~t Total To'~iJ{I~OF SOUTHOLD I~opERTY RECORD CARD OWNER RES. ~-70 SEAS. VL. STREET FARM CON~4. "' ~1 LAND IMP. 3o0 TOTAL /~oo. NORMAL Farm Acre Value Per Acre Tillable 1 ._AGE NEW Tillable 2 T~llable 3 BUILDING CONDITIQI BELOW DATE VILLAGE DISTRI, E ACREAGE .- TYPE OF BUILDING Woodland hl~--~--.- REMARKS ABOVE Value Total ~House Plot LOT Extension /~ ? /~' _- /~ ~y~° ~..~'~)Jc~37b' Basement J ~/o Fl~m ~tensi°n / ~ ~ ~ : ~0 ~ ~ ~/~ ~ ~. Walls ~Sbe~°~l}~Lc~ Interior Finish Extension Fire Place ~ 0TM Heat Porch Attic ~.,,.,,, .~ ~ ~ ~ =~ ~ ,~SS' / Porch Rooms 1st Flor Breezeway Patio R~ms 2nd Flor Garage Driveway' APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen. Jr. Joseph H. Sawicki James Dinizio. Jr. Telephone (516) 765-1809 SCOFF L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York I t971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS ~~~ Appeal No. 3770. ~"~ Matter of the Application of t PORT OF EGYPT ENT ,,, INC. for a Variance to the Zoning Ordinance, Ar e X I, ection ~O-121Cr 122, Article XXII (Section 100-239D as disapproved by the Building Inspector) for permission to construct boat storage building with insufficient setbacks and ~xcessive lot coverage in this Marine II (M-II) Zoning District. Property location: Main Road, Southold, NY; County Tax Map District 1000, Section 056, Block 04, 06, Lot 10,1, 11, 12.2, 3.2, 3.3, 4, 6.1. WHEREAS, p~lic hearings were held on Septembe~ 21, 1989, December 19, 1989, February 1, 1990, and March 29, 1990; and WHEREAS, at said hearings all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present and previous zoning classifications, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: Page 2 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, Decision Rendered May 1, 1990 INC. 1. By this application, applicant is requesting variances to the zoning code as to area setbacks for the construction of a boat-storage building for the inside storage of boats, of YarJsu$ ~z~_~.., .ma.ny (presently) stored at the premises out-of-doors and (presently) without appropriate screening or setbacks due to the existing nature Of the.bu~]dJRgs & uses of the premises under consideration. 2. The premises in question is located on the south side of the Main Road (State Route 25) in the Hamlet and Town of Southold, contains a total site area of 4.96 acres (216,058 sq. ft.), and is more particularly identified on the Suffolk County Tax Maps as District 1000, Section 056, Block 4, Lots 10.1, 11, 13.2, and Section 056, Block 6, Lots 3.2, 3.3, 4, 6.1. 3. The subject premises is located in the M-II Marine Zone District and is and has since prior to the enactment of the zoning ordinance in 1957beenused for outside boat storage, as well as marinas uses, retail and wholesale uses, engine and boat repairs, servicing, maintenance, sales to the general public, office use, restaurant use, fishing, and other marina and fishing station-type uses, and many accessory uses relative thereto. 4. The variances necessary in this project and requested by the applicant are as follows: (a) insufficient sideyard setback for the proposed building at the easterly yard area at a minimum of 15 feet, and (b) insufficient southerly setback from the proposed building to the inside of the bulkhead along the watersedge at a minimum of 38 feet (40 feet, more or less, to the outer edge of the existing bulkhead). 5. The sections of the zoning code applicable are as follows under the current zoning code and master plan amendments as adopted: (a) sideyard variance - Article XII, Section 100-122 and Bulk Schedule; (b) setback from bulkhead - Article XXII, Section Page 3 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, Decision Rendered May 1 , 1990 INC · 6. The building as proposed herein is shown on the property and building plan lastly dated April 11, 1990, and shows: (a) the building to be of a size 203 feet by 125 feet; (b) the setbacks of the proposed building to be 15 feet from the easterly property line at its closest point; 38 feet (to the bulkhead existing to the south (along the waters edge); minimum of 35 feet to the front property line at its closest point in accord- ance with the required setback of the code; and approximately 59 feet to the westerly line along the basin (c) the existing metal building, sheds, restaurant building, docks, bulkheads, concrete slabs, ramps, office and shop structure, and four existing buildings which are to be removed. as well as the proposed parking plan for all uses at the site. 7. For the record it is noted that: (a) the subject premises has been the subject of prior determinations by the Board of Appeals under: (1) App1. No. 3086 rendered May 19, 1983 Denial to construct addition with an insufficient frontyard and for retail sales; (2) Appl. No. 3481-SE and 3494 rendered May 28, 1986 conditionally approving replacement of fuel storage tanks with insufficient setbacks; (3) Appl. No. 3525 rendered July 31, 1986 for Special Exception approval concerning location of fuel tanks. (b) this project is also under consideration by the Southold Town Planning Board for site plan approval under Article XXV of the Zoning Code, and as of this date, is still pending. (c) under the N.Y.S. Environmental Quality Review Act (SEQRA), this action for area setbacks has been deemed to be exempt as a Type II Action for coordination; however, such exemption does not prohibit or restrict any other department or agency to further evaluate or declare any other status under SEQRA. Page 4 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, Decision Rendered May 1 , 1990 INC. 7. (d) subsequent to the filing of this appli~tion, applicant has amended the application to eliminate the necessity for a variance as to excessive lot coverage andes to reduced front yard setback. The percentage of lot coverage for all buildings, existing and proposed, is shown to be 29.91% (64,615 sq. ft.), and the maximum permitted under the zoning code in this zone district is 30%. (e) tion and belief, in compliance with the zoning code, including the height of the proposed building, that being the vertical distance measured from the average elevation of the existing grade adjacent to the building (before any alteration or fill) to the mean height between eave(s) and ridge for roof types other than flat or mansard (or to the highest point of the roof for a flat or mansard roof). (See HEIGHT in Section 100-13 Definitions, and bulk schedule height limitation at 35 feet in this M-II zone district). all other areas of the bulk schedule will be, upon informa- 8. In considering the variances requested, the Board finds: (a) the amount of relief requested at to the side yard is substantial at 10 feet; however the buildings now existing along the easterly yard area substantially nonconforming as to setbacks will be removed, and the placement of the subject building will be at a greater setback than as exists; (b) the unique characteristics of the land and its present conforming uses (such as outside boat storage and related outside activities) lend to the hinderance of better maneuverability of boats, better accessibility, minimizing overall congestion, better interior circulation, better parking and traffic accessways, and general good order and safety~ " ~: '. ~' ~ ~ ~' (c) there is no alternative available for appellant to pursue other than a variance; (d) the praotical difficlties are uniquely related to the Page 5 - Appeal No. 3770 Matter of PC~T OF EGYPT ENTERPRISES, Decision Rendered May 1 , 1990 INC. land and are not personal to the applicant; (e) the relief, as granted and further noted below, will not in turn be adverse to the safelty, health, welfare, comfort, convenience or order of the town; (f) the relief, as granted and further noted below, will aid in minimizing overall congestion, help to improve interior circulation and aid to its general good order and safety of the public; (g) there will be no substantial adverse change in the character of this marine district; (h) strict application of the ordinance will, if the variance is denied, cause continued congestion and poor on-site circulation, and will hinder improvement to accessways for vehicles and pedestrians (without proper zoning restrictions and controls); (h) the variance will not in turn cause a substantial effect of increased density or be adverse to the safety, health, welfare, comfort, convenience or order of the town; (i) the existing nonconformities of the existing buildings within the easterly yard areas will be eliminated; (j) in view of the manner in which the difficulty arose and in considering all of the above factors, the interests of justice will be served by granting the variances, as further noted below. z NOW, therefore, on motion by Mr. Dinizio, seconded by Mr. Sawicki, it was Page 6 - Appeal No. 3770 Matter of PORT OF EGYPT ENTERPRISES, Decision Rendered May 1~ 1990 INC. RESOLVED, to GRANT the relief requested for a setback from the easterly sideyard at 15 feet and for a setback from the existing bulkhead at its closest point at 38 feet, as applied under Appeal No. 3770 in the Matter of the Application of PORT OF EGYPT ENTERPRISES, INC., SUBJECT TO THE FOLLOWING: 1. That the building be used as applied for boat storage only; 2. That the size of the proposed building be not larger than as applied (203' by 125'); 3. That the lot coverage not exceed thirty (30%) percent, for all buildings for the entire marina-restaurant site, excluding concrete slabs at 6" or less from ground level; 4. That the parking plan included all properties owned jointly and/or separately to provide for additional parking (specifically the parcel located along the north side of the Main Road in which the applicant has an interest as well as those parcels dsscribed, supra). 5. That it is recommended that the building be of a color neutral to the aquatic surroundings so as to blend in(with the natural surroundings.) 6. That the setbacks not be reduced to less than 15 feet at the easterly side property line and not less than 38 feet to the bulkhead (to the south) at its closest points at any time. 7. All roof runoff be retained in leaching basins. : Vote of the Board: Ayes: Messrs. Goehringer, Dinizio, Grigonis and Sawicki. Absent was: Member Doyen of Fishers Island. This resolution was duly adopted by unanimous vote of all members present. ~.,GERARD p. GOEH~-INGE~, CHAIRM~ SOUTHOLD TOWN BOARD OF APPEA~,~ .! ' 5 6 7 8 9 10 11 13 14 ~5 16 17 18 ~9 2O 21 22 23 24 25 TOWN OF SOUTHOLD ZONINO BOARD OF APPEALS COUNTY OF SUFFOLK :STATE OF HE# YORK .................................... To~ Hal l 53095 h~n Road P.O. Box ~179 Southold, H~ York ~971 November 1, 1990 7:30 P.N. BEFORE : BOARD MEMBERS: GERARD P. OOKHRINOER, Chair~n. CHARLES GRIGONIS, JR. SERGE DOYEH, JR. JOSEPH H. SA~ICK! - Absent JAHES DIEIZIO, JR. ALSO PRESENT: LINDA KO#ALSKI, Board Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 127 late, but my only -- and I will reserve my comments till the next or to submit them to the Board in advance. My only concern is that there may be some participants here tonight who ~/ght like to make a few comments and they may not be available at the next hearing. ! don't know if there are any. THE CHAIRMAN: Is there anyone here that may not make the next meeting? Seeing no hands, I make a motion recessing to the next regularly scheduled hearing. We thank everybody for their courtesy. MR. DOYEN: Second. THE CHAIP/4AN: All in favor? MR. DOYEN: Aye. MR. GNIOONIS: Aye. MR. DINIZIO: Aye. (Time noted: 10:40 p.m.) (Presiding Chairman, Mr. James Dinizio, in the matter of Village Marine, said hearing commenced outside the presence of a Court Reporter due to circumstances 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 128 beyond anyone's control.) HR. CUDDY: I just indicated that we are here because we are asking for a larger building and also the boat rack. We needed setbacks because the lot is a small lot. The lot is in excess of 20,000 feet. It is a permitted use. We are not asking to expand to a nonconforming use. I think it is important because the opposition in part -- and part of it seems to be coming from the Planning Board. I asked last time that they corresponded with this Board to have the opportunity to reply. They did correspond subsequent to our last hearing. wrote this Board. I believe my letter is part'of'{he Board's file. I today have been made aware of the additional letter from the Planning Board claiming that effectively the proposed plan with the additional parking violates five different sections of the code. They are speaking of Section 100-210, 100-212, 100- 213, 100-214 and 100-215 -- are sections having to do with landscaping and buffers. 1 2 3 4 5 6 7 8 9 10 12 13 14 15 ~6 17 18 19 20 21 22 23 24 25 129 The first section is a purpose clause. It says the purpose is to improve and beautify, and I think quite frankly that is part of what our application is. Section 212 has to do with landscaping in the front yard. The front yard is 37 feet. It is blacktopped. It has been that way for years. It is next to the Hess gas station. If we put in a grass area it would probably be about 15 feet by 15 feet. It would seem to me that that's going to be of no consequence or of no effect whatsoever. So the other section talks about transitional buffer requirements. It has to do wlth'~hen there is a lot in a residential district that backs onto our lot. We are in a situation where there is a right of way. That situation doesn't apply to us. 214 is a parking area requirement. It has to do with landscaping and paved parking. We don~t have paved parking in the rear or the side of our building. It doesn't apply to us. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 130 215 has to do with shoreline erosion. It has to do with vegetation and plantings. We have a bulkhead which was simply designed to save erosion. Virtually none of the things -- and I'm sort of disappointed the Planning Board would go to the length it did -- and yet this letter is not germane to the application. They talk in this letter about the proposed boat rack that is located in the transitional buffer area. That is not true. I have with me tonight, Mr. Glueckert, the architect, who is going to address some of the questions about parking. ! have Mr. Young, who would like to reiterate his concern about the boat rack, to explain to you why it is needed. I would point out simply to this Board that The opposition is simply saying we should not have a marina. That is not really the function of what we are here before as I understand the Zoning Board of Appeals. is a legislative body. It is a quasi- judicial body. No one here is saying do I am surprised at the opposition. It I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 131 like this or don't I like this. At least, I hope they are not because I don't think that's what this is all about. What this is about is my clients attempting to take a situation, which is not necessarily onerous, but certainly would be improved upon. He has a bu/lding that requires attention. It also requires additional size because he doesn't have additional size. He can't take the boats out of his yard. If he takes the boats out of the yard and puts them in the building, he can then get parking improved and take the cars off the street. I only see this as I cannot see this as a minus in any If we are defeated in this applica- tion -- to be permitted to use the property just as it is -- and I don't see that that is going to benefit the Town. I would very much hope the Board considers the fact this i~ an improvement. It is not a detriment. I would ask Mr. Glueckert to address the parking questions to the Board. a plus. sense. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MR. OLUECKERT: Bruce Glueckert, Olueckert and Wieber, Architects. 132 of I would like to just point out one of the paragraphs in the Planning Board's letter, which indicates certain stall parking. The stalls do not have a 22-foot aisle behind them. There are three spaces, or four spaces, that have a 20-foot backup. I would like to point out that this is a small site, odd-shaped site, and difficult to work parking in at all. I managed to put 29 stalls on. However, if we look at this, this is not a typical retail operation where there is constant traffic flow on the site. The cars' will be parked there for the day, most of the day, and will not be moved and generally the people who will be visiting the site will have been to the site before and will continue to visit the site and will know the parking layout. Thank you. THE CHAIRMAN: Anybody else? MR. CUDDY: I would also ask David Young, who is the operator of the business. 1 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 133 MR. YOUNG: My name is David Young. I operate Village Marine. I would just like to reiterate what Mr. Cuddy said, that this is definitely not an expansion. We are only trying to take down a ramshackle building and improve the appearance of the yard and the Village Marine itself, and give us more room to park in and make it a more attractive marina. THE CHAIRMAN: Can I ask you one thing? The building itself, is that going to be used for storage or boats -- mostly repair? MR. YOUNG: Just repair. THE CHAIRMAN: You are not going to have ra'cks in %here? MR. YOUNG: No. No -- building is just going to be mainly to get us inside. For instance, this evening we had a boat that a sign painter was coming in to letter and it wouldn't fit into the existing building and the guy came down there. There was dew on the outside of the boat and he couldn't letter it. I 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 134 It's just -- we go through added expenses. It is very restrictive to do business in the way the operation is set up now. It is not 1950 anymore, as far as marinas and in order to make ends meet you have to do a little bit more. We are trying to streamline it and make it look better. THE CHAIRMAN: More is not necessarily more boats in the water. MR. YOUNG: Not at all. We don't plan on expanding the marina or putting more boats in the water. We are only doing it to neaten the yard up. The rack would be in order to clear along the bulkhead side so we can have parking for our customers along the bulkhead] and the building is so that we can work inside in the wintertime. THE CHAIRMAN: Thank you. Is there anybody else? MS. MARRINER: Jeanne Martinet. also am co-chairman of the Peconic Bay Association Task Force. I am putting some additional comments because ! have had a chance to review the record. I do not see 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 135 the changes. So this won't apply to the changes that are not in the record. As the Southold Town Planning Board has stated for the record, the Bay Avenue Village Marine property is already overdeveloped and parking requirements cannot be met with off-site parking because this is always subject to change. Not only is the property overdeveloped, but the lot itself is also nonconforming because it does not meet the requirements of the district in which it is located. Furthermore, because it is located in the Peconic Estuar~ Critical Environmental Area, it is a Type ! action and requires a long form envi~onm&ntal assessment to filled out by the applicant, which has not been completed. To grant further variances, clearly runs counter to the expressed purpose of the Zoning Code of the Town of Southold as stated in Section 100-240 - Nonconforming Uses and Buildings. The purpose of said article and section is to "reduce or minimize impacts of uses and buildings which 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 do not requirement as set (Article XXIV) Furthermore, 136 conform to the use or bulk forth in this chapter." section 100-242, Non- conforming Buildings With Conforming Uses, does not provide for the demolition of a building. It also prohibits the creation of new nonconformance through remodeling and reconstruction. The applicant seeks to add a storage rack which would accommodate 30 additional boats and further add to the lot coverage. Plus the parking requirements for the additional boats alone, would, if adhered to, cover one-half of the entire property. The storage rack is considered a structure. In addition, it appears that the 20 percent landscaping requirement requ/red has been completely ignored, thus adding further to the nonconformity. And the landscaping is for mitigating purpose, to control runoff into the tributary of the estuary -- regardless of whether there is a bulkhead or not. A proper site plan should have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 provided for approximately of landscaping. 137 4,000 square feet The proof required for an area variance, to be provided by the applicant, is that: l) There will be no substantial change in the character oi the neighborhood; 2) the degree of the variance will bring minimal change to the property; 3) the difficulty cannot be obviated by other methods such as off-site location; 4) justice will be served by granting the variance. The practical difficulties might be obviated by the applicant moving repair work to ah ofiice location such as the one currently available next to the landfill, vhich, as I understand it, vas built to assist local businesses with nonconforming problems. I believe the Board of Appeals has heard many complaints about the traffic and safety problems at the corner o[ Bay Avenue and Hain Road. This is [act. There was an 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 138 accident there just this Sunday. There is someone in the hospital right now. Therefore, it is neither serving justice nor is it in the interest of the safety and welfare of the conununity to allow further expansion which will bring increased traffic hazards. Under Section 100-271 of the Code -- Powers and Duties of the Board of Appeals, it states that the Board of Appeals must consider the effect on the community and must bear in mind that the burden of proof that there is no threat to safety rests on the applicant, who must produce concrete evidence to counter the negative impact. It would appear that the only practical difficulties that exist are those self-created by the applicant who wants to further expand development on an already overdeveloped, over-varianced property. The New York State Enabling Act for Town Zoning states: "The granting of variances is to be sparingly exercised." If the ZBA does not exercise its powers sparingly, the Board 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 139 document to the Board.) MR. the Town. FLYNN: F.M. Flynn, resident of I have several objections to this application but due to the lateness of the hour and in the interest of conserving funds, if you will accept my objections in writ'inq,'I will be glad to submit them in that fashion. I would like to make one comment, however. This property is a non- conforming property by definition of Section 100-13 of the Town Code. It has to be considered in the context of a nonconforming property. Now may I submit my objections in writing subsequent to this evening? leaves itself and the Town open to lit/gat/on. Thank you. I would like to give you each a copy of the booklet produced by the Peconic Bay Task Force, which might help you in understanding what more development on the waterfront that is not property mitigated, how it can effect the estuary. (Ms. Marriner handing above-mentioned 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 140 THE CHAIRMAN: Certainly. MS. JOHNSON: My name is Sherry Johnson and ! am currently serving as the Program Coordinator for the North Fork Environmental Council. ! would like to take this opportunity to reiterate the NFEC's position on this matter, which was stated at a previous hearing held on September 26th. The NFEC is opposed to the granting of the variances requested by Village Marine. The site is already in nonconformance with the M-I District in respect to lot size and width. A lot of at least 40,000 square feet that includes a width of 150 feet is required. The applkcan~ is asking now for further relief from parking and landscaping requirements and for increased lot coverage. The proposed structures will bring the percentage of lot coverage up to 20.8 percent of the site. The coverage allowed under the Bulk Schedule is 30 percent, based on a 40,000 square foot lot, which this is not. In fact, the Zoning Code itself states 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 *1 2 3 4 5 141 that "no building shall be used and no building or part thereof shall be erected or altered in the M-I District unless the same conforms to the Bulk Schedule". Instead of adding further to the traffic and congestion at this location and to the further degradation of James Creek, the NFEC asks you to deny this application. THE CHAIRMAN: Thank you. You will furnish us with copies of that? MS. JOHNSON: THE CHAIRMAN: make any comments? MR. CUDDY: I Yes. Anybody else wish to have several cor. ments. First is if Mr. Flynn is going to have the priv'ile~ of putting something in writing after the hearing, I would like to respond. I assume he can do that within a reasonable amount of time. THE CHAIRMAN: it before the next would be the 15th. comments. (Inaudible) I would like to have scheduled meeting, which That is, any written 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 142 THE CHAIRMAN: okay, Mr. Flynn? MR. FLYNN: I The 10th, is that will be glad to submit them in writing within the next week. THE CHAIRMAN: Is that agreeable to you? The 15th will be final comments. Final comments would have to be in by the 15th, by you or anyone else. Would that be okay? MR. CUDDY: Yes. The other point I would like to make, without belaboring, is the reason that we are here is because the lot is smaller than we would like it to be. One of the practical difficulties is that we have a unique situation in that we have a lot %hat'has been for more than 35 years that size and it is a perraitted use. The legislative body of this Town has said, you can have a marina at that site, and we are here because we are trying to do something we think is improving that marina. That is precisely the reason the application was made. Everybody is telling us something that I think is self-evident, that the lot 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 143 is small and doesn't conform. I believe we meet the criteria that is listed. (Inaudible) I think it is similar in this application to the Port of Egypt application. (Inaudible) THE CHAIRMAN: If you made an application to this Board, how many boats could you store on that property right now? What would your limit be? Would you have a lintit as to how many boats could be parked on that property? MR. CUDDY: There is physically -- there is a limit to the size of the lot. Mr. ~oung probably would say to you that he stores "X" number of boats there. I would say that certainly perhaps he can store more than 30 boats there. MR. YOUNG: When we bought the place, before we bought it the Markowitz (phonetic spelling) had boats all the way to the fence where you couldn't drive into the driveway. What we did when we went through there was 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 144 -- one of the first things we did was rent an external piece of property in order to store boats so we could alleviate the boats out in the yard. This has been our direction all the way along. MR. CUDDY: He doesn't store boats. What he does is he has boats that they repair. In other words, there is no storage that takes place. And ! think he testified last time, he takes the site. THE CHAIRMAN: the storage boats off What I was getting at is if no application was made, he would have every right to store boats on that piece of property. That's all I have. ' If I don't hear anything more, would like to close the hearing. I make a motion to close the hearing. MR. GRIOONIS: Second. THE CHAIRMAN: All in favor? MR. DOYEN: Aye. MR. GRIGONIS: Aye. (Time noted: 11:00 p.m.) * , 2 3 4 5 6 7 8 9 10 ll 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 APPEAL NUMBER 3969 3974 3980 3978 3971 3976 3972 3977 3979 3968 3975 3788 3955' 3938 INDEX APPLICANT ANDREW BURKARD DONALD L. OSANI (for GEORGE BRUDER~N, JR.) VIRGINIA OLGA LEE DONALD and DOROTHY SWAHN VALERIE M. KI~ER THOMAS and MARIAN SANTACROCE PETROL STATION LTD. BETTY 3. COPIN THOMAS 3. GOI~ IRENE R. MILLER ARTHUR G. CARLSON SUN REFINING and I~KETING DOM~NICK SBLENDIDO and A. AURICCHIO VILLAGE I~INE PAGE NUMBER 2 5 8 10 14 19 22 31 42 44 54 87 105 128 145 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 CERTIFICATION I, GAlL ROSCHEN, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript of the Town of Southold Zoning Board of Appeals hearing of November 1, 1990, according to my stenographic notes. GAlL ROSCHEN Official Court Reporter 145A TRANSCRIPT OF HEARING SOUTHOLDTOWN BOARD OF APPEALS THURSDAY, NOVEMBER 1, 1990 Appeal No. 3939 - Matter of VILLAGE MARINE: Board Members present were: James Dinizio, Jr., Chairman Pro Tem; Charles Grigonis, Jr. and Serge J. Doyen. (Absent were: Members Joseph H. Sawicki and Gerard P. Goehringer, who has abstained from discussions or deliberations in this matter.) AlSo present were: BOard Secretary Linda Kowalski, approximately 25 persons in the audience. and Chairman Dinizio reconvened the hearing at 10:48 p.m. CHAIRMAN DINIZIO: Is there anybody wishing to make any coments on this, for or against? Mr. Cuddy. CHARLES CUDDY, ESQ.: I'm Charles Cuddy, attorney for the applicant, Village Marine. When we were here at the last meeting; this was held over for several reasons, but I would Page 2 - Appeal No. 3939 Z.B.A. Transcript of Hearing Matter of VILLAGE MARINE November 1, 1990 Regular Meeting CHARLES CUDDY, ESQ., continued: just briefly like to reiterate what our application is because think it's important to know what it is so you know what it's not. It's simply an application for setback variances because we want to build a larger building to house the boats so that we can repair the boats. It also is an application to permit us to have a boat rack so that we can take existing boats -- not new boats, not additional boats, but existing boats there -- put them in the storage racks. It opens up the area. It permits us to have additional parking, and in this connection, we've submitted a revised plan to the Board showing additional parking spaces and also showing some planters along the bulkheading. I'm aware and I had asked, and this is one of the reasons I guess we're having this further meeting -- I had asked to comment on anything that the Planning Board -- (The Court Stenographer returned to the meeting at this time.) SECRETARY: We should have been waiting for Gail before we started the hearing. CHAIRMAN PRO TEM: I didn't even realize she was gone. Sorry, Mr. Cuddy. Page 3 - Appeal No. 3939 Z.B.A. Transcript of Hearing Matter of VILLAGE MARINE November 1, 1990 Regular Meeting GAIL ROCHEN: Mr. Cuddy, let me just get to the record. Ok, this is Village Marine. MR. CUDDY: I just indicated that we were here because we were asking for a larger building and also the boat rack, and needed setbacks because the lot is a small lot. The lot is a little in excess of 20,000 square feet. It's a permitted use. We're not asking to expand a nonconforming use, and I think it's important because the opposition in part, and part of it seems to come from the'Plan~ing Board, and I had asked last time that they correspond with this board and to have the opportunity to reply. They did correspond subsequent to our last hearing. I wrote to this Board, and my letter should be a part of the Board's file. And today I've been made aware of an additional letter from the Planning Board claiming that effectively the proposed plan with additional parking violates five different sections of the code. I would just like to point out to the Board that the five sections that are spoken of, Section 100-100-210, 100-212, 100-213 ... (See remainder of hearing transcript prepared by Court Stenographer under separate cover.) Prepared by: ~/~,~f~ -~INDA KOWALSKI GT~La~t,E$ ~. Gt~Do¥ 18o OT~.t~ Got~stT~ ~o.,~.~ (~T~. 58) October 23, 1990 Zoning Board of Appeals Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Application of Village Marine Gentlemen: We enclose six (6) copies of a revised site plan for Village Marine. The plan has been amended or revised to show additional parking area as well as planters adjacent to the bulkhead. Would you kindly make this a part of your file. Very truly yours, Charles R. 'Cudd~ CRC:ejc Encs. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Te|ephone (5 ! 6) 765- ! 809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 13, 1991 Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 Re: Appeal No. 3938 - Village Marine (Area Variances) Dear Mr. Cuddy: For your records we are transmitting a copy of the Appeals Board's Resolution concerning the override of the County Planning Commission's disapproval of the subject variance application. Yours very truly, JAMES DINIZIO CHAIRMAN PRO TEM By Linda Kowalski Enclosure APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 March 13, 1991 Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 Re: Appeal No. 3938 - Village Marine (Area Variances) Dear Mr. Cuddy: For your records we are transmitting a copy of the Appeals Board's Resolution concerning the override of the County Planning Commission's disapproval of the subject variance application. Yours very truly, JAMES DINIZIO CHAIRMAN PRO TEM By Linda Kowalski Enclosure APPEALS BOARD MEMBERS Gerard P. (3oehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio. Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 RESOLUTION FEBRUARY 22, 1991 REGULAR MEETING WHEREAS, the Board of Appeals rendered a two-fold determination on November 29, 1990, in the Matter of the Application of VILLAGE M3%RINE under Appl. No. 3938, and filed in the Town Clerks's Office on December 4, 1990; and WHEREAS, pursuant to Section A14-23 of the Suffolk County Administrative Code, a referral was submitted on December 4, 1990 to the Suffolk County Department of Planning, which has jurisdiction within 500 feet of an estuary or creek extending from Peconic Bay; and WHEREAS, the Suffolk County Department of Planning at its January 9, 1991 meeting, reviewed the subject application filed with the Board of Appeals for the construction of a 11 ft. by 102 ft. boat rack structure at approximately 19 feet high, and a 60 ft. by 40 ft. addition, requiring setback variances for the side yard, rear yardr bulkhead, and easterly (front) yard, reduction of parking and landscaping requirements under the new zoning regulations adopted January 11, 1989 in this new Marine I Zone District designation; and WHEREAS, at its January 9, 1991 meeting, the variance application was disapproved for the reasons noted in its letter dated January 10, 1991; and WHEREAS, at its February 22, 1991 Regular Meeting, Board Member Robert A. Villa confirmed that he has familiar with the premises and building areas under consideration and has personally visited the subject premises, that he has read the entire record, including the verbatim and written portions of the hearing record, and that he is fully familiar with the subject application and its record before the Board of Appeals; and WHEREAS, the disapproval with five reasons adopted by the Suffolk County Planning Commission were reviewed and discussed at length by all four voting members present, constituting a majority plus one of the members present; ~Pa~e'2 Board of Appeals Resolution of 2/22/91 WHEREAS, it was determined by the Board of Appeals to override the disapproval of the subject application before the Board of Appeals as adopted January 9, 1991 by the Suffolk County Planning Commission, and REAFFIRMS its decision, with conditions and restrictions as rendered on November 29, 1990 under Appl. No. 3938 in the Matter of VILLAGE MARINE, reiterating and reaffirming the same findings and reasons as noted therein; NOW, THEREFORE, on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was RESOLVED, that the Board of Appeals does hereby OVERRIDE the disapproval of the entire application filed by Village Marine for variances under Appl. No. 3938, as rendered Janu- ary 9, 1991 by the Suffolk County Department of Planning, and hereby REAFFIRMS the decision, with conditions and alternative relief for the proposed addition, and denial for the separate accessory boat-storage rack, all as rendered by the Board of Appeals on November 29, 1990. VOTE OF THE BOARD: AYES: Messrs. Grigonis, Doyen, Dinizio and Villa. (Chairman Goehringer abstained.) This resolution was duly adopted by a majority-plus-one vote of the entire five-member board. (Vote as required under the Suffolk County Administrative Code was sufficient to pass and override the County's disapproval of the entire application.) APPEALS BOARD MEMBERS Gerard P. Ooehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 February 28, 1991 Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 Re: Appeal No. 3938 - Village Marine (Area Variances) Dear Mr. Cuddy: This letter will confirm that the Board of Appeals, at our Regular Meeting held Friday, February 22, 1991, passed a majority-plus-one vote, effectively overriding the Suffolk County Planning Commission's disapproval of the subject application. As a result of this override, the Board of Appeals' decision is in full force and effect. The formal two-page resolution will be forwarded to you under separate cover within the next day or so. Yours very truly, Linda Kowalski COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE !it;iF ........... DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING January 10, 1991 Mr. Gerard Goehringer, Chairman Town of Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of "Village Marine" (#3938), Town of Southold (SD-90-30). Dear Mr. Goehringer: Pursuant to the requirements of Sections A14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on January 9, 1991 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following resons: 1. It constitutes the unwarranted overintensification of use of premises; me The boat storage rack will allow for an unwarranted increase in upland inventory of new and repairable boat stocks on an undersized parcel; e It would tend to facilitate a further increase of boat and vehicular traffic to the premises; 4. It would tend to further degrade the quality of water in James Creek; e On-site parking and vehicular circulation patterns appear unduly restricted and limited; and, It would tend to establish an undesirable precedent for the unwarranted similar intensification of operations at existing marina facilities throughout the Town of Southold. Very truly yours, Arthur H. Kurtz Director of Planning Gera Ne~a ~/~ Chief Planner GGN:mb VETERANS MEMORIAL HIGHWAY HAUPPAUGE, L.I,, NEW YORK 11788 STAFF REPO~ SECTIONS A 14-14 to 23 OF THE SUFF¢ Municipality Town of Southold Applicant(s) Village Marine File Number SD-90-30 Expiration Date January 18, 1991 "['he Proposal and Its Location Appeal to the Board of Appeals for parking, setback and landscaping variances in connection with the erection of a building addition and boat rack for boat repair & storage purposes respectively at an existing marina situated on the east side of Bay Avenue approximately 140 ft. south of Main Road (N.Y.S. Rte. 25) on James Creek in the Marine I District (Marinas and associated uses on 40,000 sq. ft. lots) at Mattituck. Description and Analysis The proposal is to erect an 11 ft. by 102 ft. boat rack approximately 19 ft. high accommodating approximately 20 boats and a 60 ft. by 40 ft. (2,400 sq. ft.) addition onto an existing building comprising 1,502 sq. ft. at an existing marina accommodating approx/ma~eiy 24 boats with one (1) launching ramp on a 23,645 sq. ft. parcel which has frontages of approximately 50 ft. and 340 ft. (bulkheaded) on Bay Avenue and James Creek respectively. An existing 36 ft. by 26 ft. metal building (936 sq. ft.) situated just east of the principal building (where the addition is contemplated) is to be removed. Premises has been used as a marina since prior to enactment of zoning in 1957. In conjunction therewith applicant seeks to diminish: side yard from 20 ft. to 3 ft. and 10 ft. for the building addition & rack respectively, rear yard from 25 ft. to 20 ft. and i0 ft. for the building addition and rack respectively, bulkhead setbacks from 75 ft. to 15 ft. and 28.5 ft. for the rack and building addition respectively, and parking from 29 spaces to 20 spaces. Applicant also seeks to waive landscaping in the front yard which is now blacktopped. It should be noted that the existing building (to remain) has side and bulkhead setbacks of 3 ft. and 30 ft. respectively. Applicant contends that such zoning actions are warranted to allow consolidation of the boats in the yard for more parking and to provide a protected and heated area for boat repairs. It is the belief of the staff that said proposal is inappropriate as: 1. It constitutes the unwarranted overtntensification of use of premises; The boat storage rack will allow for an unwarranted increase in upland inventory of new and repairable boat stocks on an undersized parcel; It would tend Co facilitate a further increase of boat and vehicular traffic to the premises; 4. It would tend to further degrade the quality of water in James Creek; On-site parking and vehicular circulation patterns appear unduly restricted and limited; and, SD-90-38 Town of Southold Page 2 Village Marine ............... 6. it would tend to establish an undesirable precedent for the unwarranted similar intensification of operations at existing marina facilities throughout the Town of Sou:hold. Staff Recommendation Disapproval APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telepho?e (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTI~ L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ~ Pursuant to Article XIII of the Suffolk County Charter, the Board of Appeals of the Town of Southold, New York, hereby refers the following to the Suffolk County Planning Commission: XX Variance from the Zpn~ng.~de~ A?%icl~^~I. · lO0-112 and Art. xl,, ~ec~lon XXIII,Section Variance from Determination of Southold Town BuildingAJ~t~'4______ ___ and m Special Exception, Article , Section Special Permit Appeal No.: 3938 Applicant: Village Marine Location of Affected Land: Bay Avenue, Mattituck, NY County Tax Map Item No.: 1000- 122-3-15.1 Within 500 feet of: Town or Village Boundary Line XX Body of Water (Bay, Sound or Estuary) XX State or County Road, Parkway, Highway, Thruway Boundary of Existing or Proposed County, State or Boundary of Existing or Proposed County, State or Other Recreation Area Federally Owned Federal Park or Land or Existing or Proposed Right-of Way of Any Stream Owned by the County or for Which The County Has Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. or Drainage Channel Established Channel COMMENTS: Applicant is requesting permission to construct addition to · existing principal building with insufficient setbacks and to Ioca~e a boat storage structure with insufficient setbacks Copies of Town file and related documents enclosed for your review. Dated: Dec. 4, 1990 Memo~ndum from .... BUILDING INSPECTORS Oi~FI .~ TOWN OF SOUTHOLD TOWN H^t.L, SOOTHO~.I~, N. Y. 11971 765-1802 Mr. Gerald Goehringer, Chairman Southold Town Board of Appeals Southold Town Hall Southold NY 11971 Dear Mr. Goehringer: Ne. Riley Ave. Mattltuck, NY Sept 24, 1990 11952 re: Village Marine Variances I~m concerned about the boat storage structure, parking and landscaping varlances to the zoning ordinance requested by Village Marine. If the beat storage strncture (boat rack) will be used for the storage of new boats and/or far Winter storage, there probably wlll be ne increase in traffic. However, if the boat rack will be used as an in-and-out type of marina, there may be significant new vehicular and beat traffic. What assurance is there that the use won't change after approval? The traffic altuatlon along Bay Avenue and particularly at the intersection of the Main Ro~d ~ already critical. Village Marine contributes to the problem already because their boat ramp is so close to Bay Avenue that traffic is blacked when it is in use. It seems odd that we should be asked to consider and approve variances which could substantially increase the amount of traffic without making provisions for the additional parking that will be required. I also question the need for a variance to landscaping without compelling reasons to de se. Unless Village Marine can show why these proposed variances are in the town's best interest, I'm requesting that the Board of ~ppeals deny them at this time. Richard A. Luhrs Box 358 Mattituck, NY 11952 September 24, 1990 Clerk Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 App1. No. 3938 village Marine Mattltuck Dear Sir: I write this letter in opposition to the grant of a variance to village Marine of Mattituck for any of the purposes sought in Appl. No. 3938, as published in The Suffolk Times of September 20, 1990. Please bring this letter to the attention of the Board of Appeals. My wife and I have had a residence on James Creek for approximately 5 years. During that period time we have seen the boat traffic on James Creek increase dramatically. The operations of Marine Land at the mouth of the Creek have expanded substantially. At the other end, the number and size of boats from the vicinity of Village Marine have also increased substantially. During that same period of time, the quality of the water in James Creek has deteriorated. The Creek has been closed this Summer to shell fishing. We have seen dead crabs. The mouth of the Creek at Peconic Bay has been narrowed to the point that only one boat at a time may enter or leave. The noise level in the Creek has increased, particularly in the form of high performance boats, such as the Eliminator brand going to and from the vicinity of the Village Southold Town Board of Appeals - 2 - September 24, 1990 Marine. These high performance boats cannot maintain the 5 mph speed limit, even at idle rpms. Bay Avenue is a principal access route to the Mattituck Beach on Peconic Blvd. Traffic entering and leaving the intersection of Bay Avenue and the Main Road in the Summer is heavy. The expansion of the Village Marine facilities would make a difficult situation much worse. Moreover, a house has just been constructed on Bay Avenue, not far from Village Marine. An expanded Village Marine would do little fo~ the new homeowner. The scope of the proposed expansion, as a practical matter, would preclude any meaningful landscaping screen from any of the neighbors. The application for a variance should be denied. Very truly yours, June 19, 1990 Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Application of Village Marine Gentlemen: Submitted as part of the above file, please find enclosed: (a) Disclosure Affidavit for Village Marine; (b) copy of the current deed of the premises. Very truly yours, ? Charles R. Cuddy CRC/ec Enclosures DISCLOSURE AFFIDAVIT STATE OF NEW YORK) ) ss.: COUNTY OF SUFFOLK) David G. Young , being duly sworn, deposes and says: That I, as of P.W.K. ENTERPRISES, INC. d/b/a Village Marine, the applicant concerning a variance application before the Southold Town Board of Appeals concerning premises located on the east side of Bay Avenue, Mattituck, Town of Southold, identified by Suffolk County Tax Map Number, District 1000, Section 122, Block 3, Lot 15.1, and make this affidavit to comply with the Southold Town Code as well as the General Municipal Law of the State of New York. That I understand that this affidavit is required by Section 809 of the General Municipal Law. That the following individual is or was an employee of Village Marine as of the date of the filing of this application and is related to an employee of the Town of Southold as noted below: Brian Goehringer - relative of Gerard Goehringer. That no officer interest in this application. or employee of the Town of S0uth01dhas any P.W.Ko Enter~r is,~I nc. d/b/a Village ~ine By: David ~. YOL~g Sworr~ to before me this 3/~-~day of May, 1990. / No~ry P~lic JOHN J. REILLY NOTARY pU~iC, STATE OF NEW YO'R~, N0.493898]* QUALiFIEO IN SUFFOLK COUNTY~r~~ MY Commtss~oA Exlfires Au~. 1, 19 ~ 10644 £570 assl.z TttlSi~DF. Wll~madctha 8~h dayo! July ,.~-~r.e:~humdr~d~d eigh:y-aight STEVEN MAEQUJ2,DT and ViRGiNIA N_a_RQ~RDT, his w~fe, residing at 560 Liuul Neck Road, Cutchogue, New York 11935 and DAVID ~La-KQUARDT, residing at 526-18 Riverleigh Avenue, R~v~.head, New York 11901 P.W.K. ENTF2~KISES, INC~, ~/o William R. Kopke, AVemue, Lake Success, New York 11042 .,, Jr., Inc., 3000 Marcus R~,l EgTAI= ~ ~ ~he p~rly of the $~cond ~n, d~.~ her~y g~n~ a::d ~t~ =nfo ~e party o£ the ~'co~d ~a, ~e hgr$ or ~ ~t ~n plot, pi~ or ~ al ~-~, ~th Ibc b~dln~ ~d ~ro~c=~ U~n erectS, sit.re, l~a~~ at }~:ituck, iu ~ha To~ of Sou~ho!d, County of Suffolk ~n~ St~e of New York more oarticulariy bo'~dmd an~ described as follows BEGINNING a~ a poin~ on ~he'easter!y sld~ of Bay Avenue a~ $he northwest corner of :he premises herein desc:rih~d adjoiniu~ land of ~ouis Hodo~ ~he noruh, said ~o!n~ being Sou~h 4 degree~, 35 mint:es, 00 seconds'eas~ 140.00 fee~ as m~asured along :he eas~er!y line off Bay Avenue from ~te~sec~!on with the sou'=herly llne of ~in Road (N. Y. S. Route 25). from said 9o~.~ of oegin~g; R~NING ~NCE along said !and of ~odor, North 60 degrees, 23 m~u~es 10 secondm east 191.61 fee= =o land ~f Alfred J. Kron; R~NG ~NCE along said !~nd of i~on 2 courses ~d (1).Sou~h 23 degrees, 19 ~utes, 40 seconds east 50,10 fe~; ~d (2) North 5! degrees, 50 ~nutes, 0 s~~= 42.~'fe~$ ~o a riSht of way 33 feet in wid~; ~ING~CE.a~99g_~a~d right, of.way South 56 degr,es, 50 u oecon~s eas~ Aou,$~ z~e~ =o Aan= mow or ~om~r!y of J. W. Boutcher; R~ING~CE along said l~d of Boutcher South 48 degrees, 00 minute~, 0 seconds wms= 34.10 fe,~ =o J~es ~NCE continuing South 48 degrees; 00 minutes, 0 meconds wes= 55 feet tn ~h,. dredged e~i of J~es Creek; R~ING ~NGE northwesterly along the nor=h =dge of C~eek as o~ J~e 28 a~o~'ZDU ~eet~" · · ' '.' ' ':.--'-,-;'"-.-' .: ..... Rb~NING ~NCE along l~d of Otto L. ~is North 82 degrees, 59 minu~es, 30 seconds west 60 feet, ~re or !ess, to the easterly llne of Bay Avenu~ R~N!N~ T~NCE along ;he.easterly ~ime of Bay Avenue North 4 degrees, m!nu:a~, 0 seconds west ~0.5! fmet to the point or place of BEGIA~ING. ~is conveyance is subjec; ;o and ass~!ug ~he Mortsage made by Steven ~reuardt, Virginia Marcu~du, and David Mar~uardt :o the North Fork Bani !60,000.00 recorde~ in-the =u:zo;~ uoun=y C!nrk's OFFice ~ L ~$~ 406 on which Mortgase' there is now due and owing the sum oz ~)! !~ o~ ~ . ~ . ~- , ~.~u an~ -n.e=~s= which =he par~y of =hr so=end parc or Gr~ee ~rees to ass~e and pay. successors a~d a$$igr, s o.:' the ~ o~ tho s~ond prt £o::ever. c~u ~ a w~t f=d ~ ~ ~p~.~t {or ~ p=~Se of ~yi~ ~ ~st of the imp~v~em and will ~ply word "~y" s~ ~ ~ngr:~ ~ ii it r~d "~J~" whe=ev~ tb~ s~sc o~ th{s ind~e ~ ~OF, tk¢ p~' ~i thc Erst ~ ~ duly =<utM t~ deed ~g day ~d 08-25-** ~T 01 :~:44 the 8~hda~of Ju;-y 1988 0 befog: me ;.~rmnallf ~.~ STEVEN ~QU~T, V!RGiMiA ~QUA~T ~d DAVID M.~EQUA~T ~vtcd ~C [Or~O[ng ~nstr~mcnt, ~d ~w!~ ~ Oa ~e daZ of 19 , be(o:c me to rrle known to be ',he imllvldu~l described in :m,d who exec=ted tim foregoing ir~trtm~.-n,t, ~,n~ -"ckwowledged t!mt ~T,A~'~ O~ ~ YGIP.~, cogrlTrlr O~ On the 8~h ~y of July 19 $6 b:fo~ nm [~r~,mll). ~me PETER KOPKE to mc kno~, who,~elug b~ me ~o~, ~d :Y, --, tl~t fi~ is t~ ~resLce~.c-- ~NTERPK!SES, ,· knowa ~e ~ of ~d ~a; t~i thc ~ to mid irm~ent i~ ~ch co~:e s~; ~t it ~s so a?i~ by o~ar o! tlm ~ard of dic~ots o[ ~d ~* twa, ~ tlmt he si~ed h ~c ~o by · . ~ - On ~ O.y of 19 , before mc ,o m. known, who, ~ein~ by me d~y sworn, ~d d~ and ~ is ~f , th~ co~fon ~bed i~ mad wtg~: tx~ut~ ~e imcgoLag ~trum~at; to ~d iraqi:rent is such ~omie seah that a~x~ by order of ~c Mzrd of directors cf rio=, ~d t~-~ h= ~ed h ~llC ~h~rcio by like omen' TO P.W.K. ENT~FWK!SES, INC. Fi,'.~t A ntCHC~r, Title//,..,qtra~tce f.'o?;tpa~ud of .Vew }~rk Rcc-,nrt~t At Request or Fkst A~eri~ Ti. 11~ In~n."c C~mp~)- of New L~.U~ ~Y MAIL TO:. ?HiLl? %-UZiNSTEiN, ESQ. BE~NSTE~N. WEISS, COPLAN, WEINSTE!N & ~KE 120 Eas~ 4!s~ Street New York. New York z,,~o. 10017 GHA~t.~.S 1:~. GUDDY 180 OLD C~OISNTRY i~OAD (~Tlg. 58) P~'VERI-EEA~, ~ 11~01 August 21, 1990 Zoning Board of Appeals Town of Southold Town Hall Main Road Southold, NY 11971 Re: Application of Village Marine Gentlemen: A number of weeks ago an application was made on behalf of Village Marine of Mattituck to obtain area variances. We now enclose ten (10) copies of a site plan showing the applicable set backs and request that this matter be placed on the Board's hearing calendar for its next meeting. Would you kindly advise of the date and time of that meeting. CRC/pc Encls. P.S. Also enclosed from the Building Very truly yours, Charles R. Cuddy i$ the revised Notice of Disapproval Inspector dated August 16, 1990. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supe~4sor Town Hall, 53095 Main Road P.O. Box I 179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 April 27, 1990 Charles Cuddy, Esq. 180 Old Country Road Riverhead, NY 11901 Re: Appl. No. 3938 - VILLAGE MARINE (Variance) Dear Mr. Cuddy: This letter will acknowledge receipt of your application for a Variance and confirm that the Board members are individually conducting field inspections and review as may be required by state and local laws during the next couple of weeks concerning your application. In the interim, we ask that the outside corners of the proposed construction be flagged, if not already done so. The public hearing on this application is expected to be held on or about May 15, 1990 at the Southold Town Hall, Main Road, Southold, and a copy of the notice of hearings as published in the Long Island Traveler-Watchman and the Suffolk Times will be sent to you as confirmation (with the exact time) in the near future. We do sincerely thank you for your continued patience during this period of transition within our department. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN GPG/df GI-La~:~T,~,$ 11. GUDD¥ OLD Gou~t'r~¥ ttO~S~D (H'r~. 58) R~v~_~, NY 11901 Board of Appeals 53095 Main Road Southold, NY 11971 Attention: Ms. Doreen Ferwerda March 30, 1990 Re: Village Marine - Application for Variance Dear Board blembers and Doreen: With reference to the above pending application, please find enclosed a copy of the Notice of Disapproval received today from the Building Inspector dated March 29, 1990 for your use. ilthough the application submitted is for insufficient setbacks~ rom the property line(s) for the new construction, we ask that~ the application be amended to include Article XII as to accessory uses which was noted on the Building Inspector's disapproval, in addition to the variances requested under the Bulk Schedule as to setbacks. ank you. Very truly yours, Charles R. Cuddy~ lk Enclosure N&rch 15, 1990 .OVthold Town ButldinO Department BOx 1179 Hain Road 9outhmld, NY 11~71 lassie a new &dditton tO the exalting marlfll bu leis ~-~',~ ---- · O~s~l/-use, il p~opomed:tO'~m:~:{~itr~ edit Dia&pproval,uePtem~er Z2, 1989 £or ~our'reviov and request I ~M~ti'oo o~ .floloauro CI-L&I;IL]{S R. CUDDY ATTORNEY AT LAW 180 ~ ~TRY RO~ (~, ~) P. O. BOX 1~47 ~mD, ~ 11901 March 22, 1990 Southold Town Board of Appeals Town Hall Main Road Southold, NY 11971 Attention: Ms. Doreen Ferwerda, Board Clerk Re: Variance Application for Village Marine Dear Doreen: Supplementin9 our recent submission of the above application, please find enclosed the following: 1) Seven (7) certified-mail receipts (postmarked); 2) Four (4) original prints of the map of the site, existing building, and proposed construction; 3) One (1) original "topographical map" of the existing site and structure(s); ~ ~ 4) Copy of our letter to the Building Department dated March 15, 1990 requesting a Notice of Disapproval; 5) Signed letter with attached map for re-submission to the Building Department since the Building Department is not able to locate the letter previously mailed to them and not able to issue a Notice of Disapproval without the same. It is our understanding that the file is complete, with the exception of the Notice of Disapproval. We ask that once the Notice of Disapproval has been issued, that a copy be filed with the Town Clerk. Thank you. Very truly yours, Charles R. Cuddy Enclosures Hand Delivery APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'Fr L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 May 9, 1990 TO WHOM IT MAY CONCERN: The Board of Appeals Regular Meeting will be held on TUESDAY, MAY 15, 1990 not as shown on the Legal Notice - Thursday, May 15, 1990. Very truly yours, Gerard P. Goehrigner, Chairman ZBA/df ~EGA~ NOTICES FOR May George Schneider #3939 ~L 1990 Meeting - Sent George Schneider, P 0 out on or about 1990 Box 1185, Cutch6gue,NY 11935 Peter Helinski for Harold Taubin #3940-1570 Pequash Ave., Cutchogue ~m~ Rd., ~c~n~.NY _~19E$ for Robert Gredick #3923 Vincent Annabel, 4300 Stillwater AVe., Cutchogue ~_~929SE Ms. Pamela Valentine, 249 West 49th St., New York,NY 10001 for #3933 & Leasing #393E Richard H. S6haefer, Inc., 117 West Bayberry Rd., Islip, NY 11751 for Mone #393~ Joseph Berardino, 37 Avery Rd., Woodbury,NY 11797 for JCM SAles Joseph Shipman, 985 Elijahs Lane, Mattituck for #3931_ Environment East, 3075 Indian Neck Lane, Peconic,NY 11958 for Stern #3934 Thomas T. McVann, Jr,Esq., P.O. Box 827, Westhampton Beach,NY 11978 for Lohn #3937~ Charles Cuddy, Esq ,~80 Old Countr~ Rd., Riverhead,NY 11901 for Village . ~ Marine #3938/ /~ k~homas McCarthy, Pudge ~orp., P.O. Box 1145, Southold,NY 11971 for L~_~ucasi#3802c Land Use Co., 2576 Sound Ave., Baiting Hollow,NY 11933 for G~.~9__eo.~~.l~ Henry Raynor, P.O. Drawer A., Jamesport,NY 11947 for C~re~Q._~394~ ~' Paul Caminiti, Esq., P.O. Box 992, Southold, NY 11971 for ~reg's Sea .EDDd #3942 James V. Righter, 58 Winter St., Boston, MA 02108 fop Rafferty...#3911 'For Aliano (Pequash #3907 '- Commons) Henry Drawer A., Jamesport, NY 11947 ~ 1100 Alvhs Lane, Cutchogue,NY 11935 Wickham,Wickham, Gressler, 0.0. Box 1424, Mattituck 11941 Esq., P.O. Box 1181, Cutchogue,NY 11935 Raynor, P. '0. Nancy Sawastynowicz, eboaren J. Hage, Esq., · ~ah Doty, NOTICE OF HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Sonthold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regalar Meeting, at the Southoid Town Hall, Main Road, Southold, NY 11971, on TUESDAY, MAY 15, 1990, at the following times: 7:30 p.m. Appl. No. 3940- HAROLD AND SARA TAU- BIN. Variance to the Zoning Ordinance, Article I11 A, Sec- tion 100-30A.4 (100-33) for per- mission to construct an acces- sory building in frontyard area. Accessory buildings may be - located in the required rear yard. ?'Property Location 625 Terry Lane, Southold, County Tax Map No. 1000, Section 65, Block 1, Lot 23. 7:35 p.m. Appl. No. 3937-- PATRICK LOHN. Variance to the Zoning Ordinance, Article XXI.II, Section 100-239.4 B, for permission to construct a deck. Proposed construction will be less than 75 ft. from the bulk- head. Property Location: 2480 Minnehana Boulevard, Southold, County Tax Map No. 1000, Section 87, Block 3, Lot 57. 7:40 p.m. Appl. No. 3935-- JCM SALES AND LEASING. Variance to the Zoning Ordi- nance, Article XXIII, Section 239.4, for permission to con- struct an accessory deck, pro- posed construction will be less than 100 ft. from the top of the bluff. Property Location: 62825 North Road, Grecnport, Coun- ty Tax Map No. 1000, Section 40 Block 01, Lot II.t. ' 7:45 p.m. AppL No. 3934--5 JOYLON STERN. Variance to the Zoning Ordinance, Article XXIII, Section 100-239.4 A(I), for permission to construct ad- dition to one family dwelling. Proposed construction will be less than 100 ft. from the top of the bluff. Property Location: 63035 County Road 48, Green- port, County Tax Map 1000, Section 40, Block 01, Lot 13. 7:50 p.m. AppL No. 3933-- PAMELA VALENTINE. Vari- ance to the Zoning Ordinance, Article XXIII, Section 100-231A, for permission to construct an 8 ft. fence in front yard area. Fence in the front yard area not to exceed 4 ft. in height. Property Location: 34655 Main Road, Orient, County 'lhx Map No. 1000, Sec- tion 019, Block 01; Lot 5 & 6. 7:55 p.m. Appl. No. 3936-- LUCAS FORD. Special Exceo,~ ~Orncle~llle Zoning Ordinance, rtic e III, Section 100-31 C.9 (E), for permission to install an off-premises sign. Property Location: 43600 County Road ~8, Southold, County Tax Map No. 1000, Section 063, Block 01, Lot 1.6. 8:00 p.m. App]. No. 3943-- GREG'S SEAFOOD DOCK & MARKETING, INC. Special Exception to the Zoning Ordi- nance, Article 111 A, Section 100-30 A.2 C(I) (100-31C), for permission to construct an off- premises sign. Off-premises signs are not a permitted use in }his district. Property Location: 69435 Route 48 & 55 Sound Road, Grcenport, County Map No. 1000 Section 35, Blockl LOt8/ ' ~." 8:05 p~m~'Appl. N~. 3945' BIDWELL WINERIES. Vari- ance to the Zoning Ordinance~.~ Article III, Section 100-30, fop permission to set' t~p a tem- porary tent for cultural events. Proposed tent doesn't add.ss this condition in A-C Zone Dis- trict. Property Location: 18910 County Road #48, Cutchngue, County Tax Map No. 1000, Sec- tion 096, Block 04, Lot 4.3. 8:10 p.m. Appl. No. 3929-- VINCENT ANNABEL. Special Exception to the Zoning Ordi- nance, Article III, SeCtion 100-31, for permission to Rave an accessory apartment. Pr6per- ty Location: 4300 Stillwnter Ave- nue, Cutchogue, County Map No. 1000, Section 137, Block 2, LOt 21. 8:15 p.m. AppL No. 3932-- MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Sec- tion 100-239.4 A, for permission to construct a swimming pool. Proposed construction will be within 100 ft. of Long Island Sound. Property Location: 2830 Grandview Drive, Orient Coon- ty Tax Map No. 1000, Section 014, Block 02, LOt 3.5. 8:20 p.m. Appl. No. 3939~ GEORGE SCHNEIDER. Vari- ance to the Zoning Ordinance, Article III, Section 100-32, for permission to construct a one family dwelling, Bulk, Area and Parking Regulations and insuf- ficient sideyard setback. Proper- ty Location: 800 Sterling Road, Cutchogue, County Tax Map No. 1000, Section 104, Block 01, Lot 29. ~ ~/ 8:00 p.m. AppL No. 3943-.~ signs are not a perni,iBnil use in this district. Prope_r[[~. c_. _ation: 69435 Route 48 & 35 Sound Road, Greenport, County Tax Map No. 1000, Section 35, Block 1, Lot 8. 8:05 p.m. Appl. No. 3945~ BIDWELL WINERIES. Vari- ance to the Zoning Ordinance, Article III, Section 100-30, for permission to set up a tem- porary tent for cultural events. Proposed tent doesn't address this conditfon in A~C Zone Dis- trict. Property Location: 18910 County Road #48, Cutehngue, County Tax Map No. I000, Sec- tion 096, Block 04, Lot 4.3. ' 8:10 p.m. Appl. No. 3929-- VINCENT ANNABEL. Special Exception to the Zoning Ordi, nance,%~rticle III, Section 100-31, for permission to have an aece~sory apgrtment. Propet- nue, Cutehogue, County Tax Map No. 1000, Section 137,' Block 2, LOt 21. 8:15 p.m. Appl. No. 3932-- MATHIAS AND MAUREEN MONE. Variance to the Zoning Ordinance, Article XXII, Sec- tion 100239.4 A, for permissioi~ to construct a swimming pool. Proposed construction will be within 100 ft. of Long Island Sound. Property Location: 2830 Grandview Drive, Orient, Coun- ty Tax Map No. 1000, Section 014, Block 02, Lot 3.5. 8:20 p.m. Appl. No. 3939-- GEORGE SCHNEIDER. Vari- ance to the Zoning Ordinance, Article I11, Section 100-32, for permission to construct a one family dwelling, Bulk, Area and Parking Regulations and insuf- ficient sideyard setback. Proper- ty Location: 800 Sterling Road, ~a Cutchogue, County Tax Mal~r No. 1000, Section 104, Block 0{, Lot 29. 8:25 p.m. AppL No. 3932--. ROBERT GREDICK. Variance to the Zoning Ordinance, Arti- cle IliA, Section 100-30A.3, Ar- ticle IliA, Section 100-30A.~, (100-33), for permission to cor~ strvct addition to dwelling 'and accessory garage in front yard~ area. Proposed construction will have insufficient front yard set- back and accessory buildings may be located in the required rear yard. Property Location: 7825 Nassau Point Road & Clearwater Lane, Cutchngue, County Tax Map No. 1000, Sec- . lion 118, Block 04, Lot 06. 8:30 p.m. Appl. No. 3931- JOSEPH SHIPMAN. Variance GREG'S SEAFOOD DOCK &: to the Zoning Ordinance, Artl- MARKETING, INC. SpecialI cie X, Section 100-102, for Exception to the Zoning Ordi- I permission to institute a second nance, Article !II A, Section business, Bulk, Area and Park- 100-30 A.2 C(I) (100-31C), for i lng Requirements. Property con- permission to construct an off~! premises ~ign. Off-premiS~1 rains less than requi~d business Main Road. l,q,re], County Tax Map No. 1000, Section 125, Block 01, Lot 19.7. 8:35 p.m. AppL No. 3942-- DAVID & MARY ANN CREATO. Varianee to the Zon- ing Ordinance, Article !I1, Sec- tion 100-31 (A) 1, for permission to have a second dwelling, only (1) family dwelling permitted on each lot. Property Location: 3539 (ROW) Cox Neck Road, Mattituck, County'lhx Map No. 1000, Section 106, Block 08, Lot 51. 8:40 p.m. Appl. No; 3941--~ CONSTANTINE ., GEORGIPOULOS. Variance to the Zoning Ordinance. Article IliA, Section 100-30A.3, for permission to construct a family dwelling. Proposed co~' struction win have insufficient front yard setback. Property'-: Location: ,1300 Lake Drive, I Southold, County Tax Map No. 10O0, Section 59, Block 1, Lot 21.6 & 21.7. t' 8:45 p.m. Appl. No. 3911~ WALTER RAFFERTY. Variance to the dinance, Article XXI~ 241A, (Article XXVII, Section : 100-281 (3), as disapproved, for permission to construct addi- tions and alterations to garage with apartment. Garage living quarters has been dormant long enough to lose its non- conforming status and the use thereof. Property Location: East End Road, Fishers Island, County Tax Map No. 1000, Sec- tion 03, Block 07, LOt 01. "'~.'50 p.m. Appl. No. VILLAGE MARINE. Variance- to the Zoning Ordinance, Art~: cie XII, Section 100-112, Article, XII, Section 100-111(c)l, Artic~' XXIil, Section 239.4, for pe~"- mission to enlarge ] marina building and install rack (outside). Property Loc~ tion: 175 Bay Avenue, Matti- tuck, County Tax Map NO. WOO, Section 122, Block 03, LOt 15.1. '-m~e Board of.~ said time and place hear any and aH persons or representativez de- siring to be heard in each oftbe above matters. Written com- ments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before time ailot~ ted. Additional time for your presentation will be available, 'if needed. For more information, please call 765-1809. , '.. 4 Dated: MaY ~8, 1990 ,~ '" ' ~'~.~'~' BY ORDER OF "~ · '~THE SOUTHOLD TOWN 4i'~' BOARD OF A~PEAL~ OERARD P. GOEHRING£Rt~i , ,.', · CHAIRMA~i · by Do~en Ferwerdi~'-| CHARLES R. CUDDY ATTORNEY AT LAW 180 OLD COUNTry ROAD (RTE. 50) P. O. BOX 1547 RrvEI~H:EA.D, NY 11901 May 14, 1990 Fax Mail 369-9080 Southold Town Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971 Re: Application of Village Marine Dear Sirs: With reference to the above pending application filed during March, it is requested that the hearing which has been scheduled for Tuesday, May 15, 1990 be postponed. It is our understanding that the Notice of Disapproval has been amended by the Building Inspector within the last two weeks, and additional time will be needed to obtain a copy of the Amended Disapproval. Also, it is noted that the Legal Notice of Hearing as published in the local newspapers does not include the aspects of the Code which apply to this nonconforming use or the setbacks requested in the variance application. Very truly yours, Charles R. Cuddy~-~ cc: Village Marine Als0 faxed Oil) GO~/!~THY ~OAD (~TE. ~8) May 3, 1990 Board of Appeals Town of Southold 53095 Main Road Southold, NY 11971 Re: Variance Application for Village Marine CTM#1000-123-3-15.1 Dear Sir or Madam: We have been in contact with the firm completing the Site Plan for Village Marine. It is our understanding that based on the area constraints of the subject parcel, that the parking area will not be in accordance with the Town Code. We, therefore, request that the application of Village Marine for area variances, submitted to you on March 22, 1990, be amended to include a variance for parking (and/or landscaping for parking areas) under the present code regulations, Article XIX. The site plan maps as recently amended and prepared by Glueckert and Wieber Architects (pursuant to the Planning Board Chairman's letter dated November 14, 1989) will be submitted under separate cover shortly. Thank you. Very truly yours, Charles R. C lk Fax Mail APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 December 3, 1990 Charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 Re: Appi. No. 3938 - Village Marine (Variances) Dear Mr. Cuddy: Transmitted for your records is a copy of the determination rendered by the Board of Appeals at our November 29, 1990 Regular Meeting concerning the above application. Please be sure to return to the Building Department and any other agency which may have jurisdiction for appropriate permits or approval prior to commencing construction activities. A copy of this decision has simultaneously been transmitted to the Building Inspectors' and Planning Board Offices for their files and update. Enclosure Copy of Decision to: Mr. Victor Lessard, Yours very truly, ~J~$ DINIZIO, JR. CHAIRMAN PRO TEM Principal Inspector Mr. Bennett Orlowski Jr., Planning Board Chairman Suffolk County Planning Commission Village Marine Page 6 -APpl. No. 3938 Application of VILLAGE MARINE Decision Rendered November 29, 1990 RESOLVED, to alternatively APPROVE a 60 ft. by 40 ft. addition to the principal building, with reduction under the landscaping and parking regulations of the zoning code and as more particularly shown on the plan prepared by Glueckert & Wieber, Architects, lastly dated October 18, 1990, SUBJECT TO THE FOLLOWING CONDITIONS: 1. Setbacks shall not be less than that applied for and shown on the October 18, 1990 plan; 2. Ten (10) on-site parking spaces shall be provided, which must remain open and unobstructed at all times, and each stall must be painted or otherwise marked to be easily noticeable. Vote of the Board: Ayes: Messrs. Grigonis, Doyen and Dinizio. (Absent were Member Sawicki and Chairman Goehringer, who abstained in this matter.) This resolution was duly adopted. Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO: FROM: RE: DATE: James Dinizio, Chairman Pro Tem Board of Appeals Bennett Orlowski Jr., Chairman~D.~'/~ Pending Site Plan - Village Marine SCTM# 1000-122-3-15.1 November 1, 1990 ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 The following is in response to your request of October 24, 1990, requesting the Board's review of the parking requirements for Village Marine. With the exception of space number three (3), the parking spaces indicated on the map do not conform to Code requirements. Specifically, spaces one (1), two (2) and four (4) through twenty (20) are in an area that the Code requires be set aside for landscaping for parking lot screening and buffering (Article XXI 100-210, 212, 213, 214 and 215). In addition, spaces five (5), six (6), and eight (8) do not have the required twenty-two foot (22) back up space. Essentially these spaces are not useable. Further, some of the sP~ces must be designed for handicapped access, but are not. The proposed boat rack is also located in an area required for the transition buffer between residental and marine business zones. Further, the site plan does not include the boat storage rack and the retail sales operation uses in the parking calculations. The Code requires one parking space for each boat in dry storage, and two (2) parking spaces for the retail accessory use. More spaces are required than the twenty-nine noted on the site plan. The applicant should be asked to submit corrected parking calculations on plans that include the handicapped spaces, the boat rack spaces and the retail sales spaces, all in conformance with the Code. In closing, the Board is not in favor of this variance request because the site should be brought into compliance first. Please review the attached copies of the Board's past correspondence to your Board (October 2, 1990) and to the applicant (September 21, 1990). Re: Village Marine ~est for variances from ~, hold ZBA - November 1,1~90 As the Southold Town Planning Board has stated for the record, the Bay Avenue Village Marine property is already over developed and parking requirements cannot be met with off-site parking because this is always subject to change. Not only is the property overdeveloped, but the lot itself is also non-conforming because it does not meet the requirements of the district in which it is located. Furthermore, because it is located in the Peconic Estuary ~ritical Environmental Area, it is a Type I action and requires a long form environmental assessment to be filled out by the applicant~ ~K ~ ~ ~c~ c~i~,~, To grant further variance%clearly runs counter to the expressed purpose of the Zoning Code of the Town of Southold as stated in Sec. 100-240 - Non-conforming Uses & Buildings. The purpose of said article and section is "to r d~ ~r minimize impacts of uses and buildings w~hich do not conform to the use or bulk requirement as set forth in this chapter. (Article XXIV) Furthermore, Sec.100-242 - Non-conforming buildings with conforming uses - does not provide for the demolition of a building. It also prohibits the creation of ~ew non-conformance through remodeling or reconstruction. The applicant seeks to add a storage rack which would accomodate 30 additional boats and further add to the lot coverage. Plus the parking requirements for the additional boats alone would, if adhered to, cover 1/2 of the entire property. The storage rack is considered a structure. In addition, it appears that the 20% landscaping requirement required has been completely ingnore~ thus adding further to the non-conformity. A proper site plan should provide for approximately 4,000 sq. ft of landscaping. The proof required for an area variance (to be provided by the applicant) is that~there will be no substantial change in the character of the neighborhoo. 2) the degree of the variance will bring minimal change to the property. 3) the difficulty cannot be obviated by other methods such as offsite location. 4) justice will be served by granting the variance. The practical difficulties might be obviated by the applicant moving repair work to an offsite location such as the one currently available next to the landfill which, as I understand it, was built to assist local businesses with non-conforming problems. I believ~ the Boa~ of Appeals has heard many complaints about the traffic and safety problems at the corner of Bay Avenue and Main Road. This is fac~. Therefore, it is neither serviing justice nor is it in the interes--~ ~f the safety and welfare of the community to allow further expansion w~hich will bring increased traffic hazards. Under Section 100-271 of the Code - Powers and Duties of the Board of Appelas - it states that the Board of Appeals must consider the effect on the community and must bear in mind that t~ burden of proof that there is no t~L~eat to safety re~__~sts o~ the applicant who must produce concrete evidence to counter the negative impact. - ~ It would appear that the only practical difficulties that exist are those self,created by the applicant who wants to further expand development on an already overdeveloped, over-varianced property. The NY State Enabling Act for Town zoning states: "The granting of variances is to be sparingly exer- cised, if the ZI~ does not exercise its powers sparingly, the Board leaves itself and the Town open to litigation. Jeanne Martinet NORTH F'ORK £N¥1RONklE:NTAL COUNCIL Route 25 at Love Lane, PO Box 799, Matfltuck, NY 11952 516-298-8880 Southold Zoning Board of Appeals "Village Marine" November 1, 1990 My name is Sherry Johnson and I am currently serving as the Progr~n Coordinator for the North Fork ~vironmental Council. I would like to take this opportunity to reiterate the NFEC's position, on this matter, which was stated at a previous hearing held on September 26. The NF~C is opposed to the granting of the variances requested by Village Marine. This site is already in nonconformance with the M-I District in respect to lot size end width. A lot of at least 40,000 square feat that includes a width of 150' is required. The applicant is asking now for further relief from perking end lendscaplng requirements and for increased lot coverage. The proposed structures will bring the percent- age of lot coverage up to 20.8% of the site. The coverage allowed under the Bulk Schedule is 30%, bused on a 40,000 square foot lot, which this is not. In fact the Zoning Code itself states that "No building shall be used and no building or part thereof shall be erected or altered in the M-I District unless the same conforms to the Bulk Schedule". Instead of adding further to the traffic and congestion at this location end to the further degradation of Jam~s Creek, the NFEC asks you to d~ny-t~s app]~c~t~on~ ...... a non-profit organization for th~ preservation of land, sea, air and quality of life printed on 100% recycled paper PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD sco't-r L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Septenzber 21, 1990 Carmine Grasso Glueckert and Wieber Architects 300 W~neeler Road - Suite 303 Hauppauge, New York 11788 RE: Village Marine SCTT4#1000-122-3-15 Dear Mr. Grasso: The Planning Board has received your revised site plan dated August 8, 1990. The following changes must be made before the Planning Board can proceed: Parking for 29 cars must be shown on site, including two (2) handicapped parking spaces. The location and details of fencing (type and location)must be shown. Grading, including existing and proposed topography with two-foot contours (on site and two hundred (200) feet beyond the property line), together with spot locations for buildings must be shown. A drainage plan must be submitted showing drainage calculations and details of drainage structures. Se Accessory boat storage racks must be set back thirty five (35) feet from the front yard and twenty (20) feet from the side yard. In addition, the proposed building and boat storage racks must be seventy five (75) feet from the bulkhead on James Creek. Since this setback cannot be met on this property, an application for a variance must be made to the Board of Appeals. 6. Boat storage racks must be included in percent of lot coverage calculations. Page 2 Village Marine 7. Indicate height of boat storage racks. 8. Show location of curbing and curb cut on Bay Avenue. Show a concrete boat wash down pad with drainage in the center, including access for clean out. 10. Show the location and listing of landscaping, buffering and street trees, including type, material, size, quantity and location. 11. Indicate building elevations for all facades and floor plans for the proposed use of floor area. Proof of review by the Health Department is required. A permit from the Town Trustees is also required for this project. The Planning Board requests a copy of the application filed with the New York Department of Environmental Conservation. If you have any questions or wish to have a presubmission conference to resolve any issues before proceeding, please don't hesitate to contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman RGK/hp cc: Dave Young Gerard P. Goehringer, Board of Appeals John M. Bredemeyer III, President, Trustees E BERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall. 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 November 19, 1991 David G. Young Village Marine P.O.Box 1045 Mattituck, New York 11952 Re: Proposed Site Plan for Village Marine E/s Bay Avenue, 140' S/o SR 25, Mattituck, N.Y. Dear Mr. Young: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, November 18, 1991. BE IT RESOLVED that the Southold Town Planning Board acting under the State Environmental Quality Review Act, establishes itself as lead agency, and makes a determination of non-significance and grants a Negative Declaration for this Type I action. BE IT RESOLVED that the Southold Town Planning Board grants site plan approval with the condition that no building permits be issued until a copy of the Suffolk County Health Department's approval (waiver letter), and a copy of the New York State Department of Environmental Conservation permit are on file in the Planning Board office. A copy of the Negative Declaration is enclosed, along with an endorsed copy of the site plan. If there are any questions, please contact this office for assistance. Sincerely, Bennett Orlowski,~Jr.~3 Chairman Enc ls. VS:vs cc: Building Department Tax Assessor's Office PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination of Non-Significance ScoTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 November 19, 1991 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. - Name of Action: Village Marine SCTM#: 1000-122-3-15.1 Location: E/s Bay Avenue, 140' S/o State Route 25, Mattituck, N.Y. 11952 SEQR Status: Type I ( K ) Unlisted ( ) Conditioned Negative Declaration: Yes ( ) No (K) Description of Action: To expand an enclosed working area by replacing an existing 36' by 26' metal building with a 40' by 60' metal building (an increase of 1464 square feet of floor area); to add landscaping throughout the property along with stormwater drainage and boat wash down facilities. The replacement building will be 58' from the tie line of the existing bulkhead. Planning Board SEQR Negative Declaration Con't. Reasons Supporting This Determination: There has been no correspondence received from the Department of Health Services in the allotted time. Therefore, it is assumed that there are no comments or objections from that agency. The New York State Department of Environmental Conservation's Stony Brook office has stated that it has no objection to the Planning Board's initial determination of non-significance. The Southold Town Zoning Board of Appeals conducted its own environmental review relative to the application for a variance for the placement of the accessory storage building which concluded that there would be no adverse effects. The Southold Board of Town Trustees issued a permit for the proposed project on April 27, 1989, which is still valid. A condition of this permit is that all roof storm water be channeled to dry, ells to prevent runoff from discharging directly to James Creek. This mitigation measure has been incorporated into the proposed site plan (revised 11/14, 1991). The Planning Board finds that the proposed expansion (replacement of an existing building with a larger building) will result in an increase of 1464 square feet of floor area. However, it also finds that the following mitigation measures which are shown on the proposed site plan, will not only reduce the projected environmental impacts, but mitigate some existing impacts, as follows; 1. installation of permanent landscaping in the front yard and within the required rear/side yard buffer where none now exist; and the installation of planters along the entire length of the bulkhead; 2. the on-site containment of all surface storm water runoff for a 2 inch rainfall (to be achieved by connecting the roof runoff from the new building to drlrwells and by regrading the land so that it slopes (and drains) away from the bulkhead; 3. the installation of a portable pump-out facility to service the boats in the marina; 4. the addition of a boat wash-down area complete with a sediment catch basin which will be cleaned twice a year. Planning Board For Further Information: Contact Person: Valerie Scopaz Address: $outhold Town Planning Board, P.O. Southold, N.Y. 11952 Telephone Number: (516) 765-1938 cc: Suffolk County Department of Health Services Suffolk County Planning Commission Dave Morrell, DEC Commissioner Mohabir Perseud, Department of State Cramer, Voorhis & Associates, Inc. Judith Terry, Town Clerk Building Department Board of Appeals Board of Trustees Applicant Box 1179, 11901 November 9, Zoning Board of Appeals Town of Southold Town Hall Main Road Southold, New York 11971 Village Marine Gentlemen: In accordance with the request made at the last hearing I am taking this opportunity to respond to the written objecton made by F. M. Flynn under date of November 3, 1990. His written opposition is directed to consideration of= 1. The non-conforming use of the premises and incidental thereto Mr. Flynn's assessment of the powers of the Zoning Board of Appeals. 2. A presentation of "facts" and his understanding of the law to be applied. Both points substantially miss the mark. Initially, while recognizing that the hour was late and perhaps voices did not carry well, Mr. Flynn did not correctly hear a statement which he attributed to me as conceding "that the subject property constituted a non-conforming use". In fact, the property is not a non-conforming use but is a permitted use and I emphasized this on several occasions, both at the hearing on September 26th and the hearing on November 1st, 1990. There is no basis for Mr. Flynn's first objection as to a non-conforming use. The applicant did acknowledge that the parcel in question is a non-conforming commercial lot and, of course, its size and configuration is the very reason the applicant must come before the Zoning Board of Appeals to address the set back variance relief requested. Unfortunately, Mr. Flynn was not at the first hearing, although he did have the benefit of hearing David Young, one of the --% proprietors of Village Marine, assert that the reason f~r the boa rack was simply to take the existing boats, store them in an orderly fashion and open the interior of the parcel to permit Zoning Board of Appeals Town of Southold - 2 - November 9, 1990 traffic circulation and the parking of vehicles. ~s noted.at both ~ hearings, there are currently a number of boats being repaired. ~ These boats are stored at random throughout the boatyard. The ~ boat rack will permit them to be stored in one place. The applicant has represented a state of facts, with reference to its present operation and proposed operation, and which it will adhere to with respect to not increasing the size of its marina operation. There is no basis for calling the applicant's credibility into question except that it conforms with Mr. Flynn's opposition to marinas. Making up facts and concluding that these facts dictate additional requirements be observed does not assist the hearing process and does really not address the application presented to the Board. The application is to obtain set back variances to permit site improvement. The alternative is, therefore, no site improvement and the various opponents apparently believe this is preferable. One must wonder aloud what positive contribution the opposition thinks it is making to the Town of Southold. Anderson, considered to be one of the foremost authorities on zoning, has noted, even as to non-conforming uses, which this site is not, that rules which prevent alterations which may render a non-conforming use less onerous, particularly where the owner will continue the use, may defeat the real interest of the community. It is appropriate to permit an extension or alteration which will render the non-conforming use more compatible. Anderson, New York Zoning, Law & Practice, Vol. I, pp. 270, 271. I also would note, not parenthegically, that Mr. Flynn is not a neighbor or nearby resident of Village Marine, but lives in the hamlet of Southold, more than eight (8) miles away. I therefore object to his standing to oppose a variance application, particularly where there has been no indication of any harm or damage suffered by him. CRC: j me Very truly yours, APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Char/es Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Jim, On Tuesday, the Planning Board staff (Bob, for Mark and Valerie) asked whether SEQRA was done on Village Marine. I told them that setback variances are Type II and it was understood that the Town Trustees did a thorough SEQRA process under their Wetlands Permit. I'm not sure why this is being sent to you so late in the process. The Town Trustees resolution is a part of the ZBA file as furnished during the last hearing. Linda 11/1/90 6:30 p.m. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 MEMORANDUM TO: FROM: RE: DATE: Jim Dinizio, Chairmen Pro Tem Zoning Board of Appeals Bennett Orlowski, Jr., Chairman ~.o.~'l~% Environmental Review of Village Marine November 1, 1990 During the course of reviewing our files and responding to your request for an analysis of the parking on the site plan for Village Marine, it was noticed that this proposal had been listed as a Type II Action. I find this puzzling, because the proposal involves removing a storage building in order to build another with a larger foundation and footprint; one that has 2.6 times more floor area than the existing storage building. Further, this new storage building will be larger than the main building, whereas the existing storage building is smaller. Also, the applicant proposes to add another use, that of a boat storage rack. It seems, according to Section 617.13 (also 617.12) of the State Environmental Quality Review Act, that this proposal should be listed as an Unlisted Action and should be subject to a coordinated review with other involved agencies. I'd appreciate your thoughts on this. Feel free to call me at work at 727-3595. 180 OLD Go~,~,~e RO~D IH~E. 58) RXVE/1HEAD, NY 1~901 November 9, ii,'q NOV 1990 Zoning Board of Appeals Town of Southold Town Hall Main Road Southold, New York 11971 Re: Village Marine Gentlemen: In accordance with the request made at the last hearing I am taking this opportunity to respond to the written objecton made by F. M. Flynn under date of November 3, 1990. His written opposition is directed to consideration of: 1. The non-conforming use of thereto Mr. Flynn's assessment of of Appeals. the premises and incidental the powers of the Zoning Board 2. A presentation of "facts" and his understanding of the law to be applied. Both points substantially miss the mark. Initially, while recognizing that the hour was late and perhaps voices did not carry well, Mr. Flynn did not correctly hear a statement which he attributed to me as conceding "that the subject property constituted a non-conforming use". In fact, the property is not a non-conforming use but is a permitted use and I emphasized this on several occasions, both at the hearing on September 26th and the hearing on November 1st, 1990. There is no basis for Mr. Flynn's first objection as to a non-conforming use. The applicant did acknowledge that the parcel in question is a non-conforming commercial lot and, of course, its size and configuration is the very reason the applicant must come before the Zoning Board of Appeals to address the set back variance relief requested. Unfortunately, Mr. Flynn was not at the first hearing, although he did have the benefit of hearing David Young, one of the proprietors of Village Marine, assert that the reason for the boat rack was simply to take the existing boats, store them in an orderly fashion and open the interior of the parcel to permit Zoning Board of Appeals Town of Southold - 2 - November 9, 1990 traffic circulation and the parking of vehicles. As noted at both hearings, there are currently a number of boats being repaired. These boats are stored at random throughout the boatyard. The boat rack will permit them to be stored in one place. The applicant has represented a state of facts, with reference to its present operation and proposed operation, and which it will adhere to with respect to not increasing the size of its marina operation. There is no basis for calling the applicant's credibility into question except that it conforms with Mr. Flynn's opposition to marinas. Making up facts and concluding that these facts dictate additional requirements be observed does not assist the hearing process and does really not address the application presented to the Board. The application is to obtain set back variances to permit site improvement. The alternative is, therefore, no site improvement and the various opponents apparently believe this is preferable. One must wonder aloud what positive contribution the opposition thinks it is making to the Town of Southold. Anderson, considered to be one of the foremost authorities on zoning, has noted, even as to non-conforming uses, which this site is not, that rules which prevent alterations which may render a non-conforming use less onerous, particularly where the owner will continue the use, may defeat the real interest of the community. It is appropriate to permit an extension or alteration which will render the non-conforming use more compatible. Anderson, New York Zoning, Law & Practice, Vol. I, pp. 270, 271. I also would note, not parenthetically, that Mr. Flynn is not a neighbor or nearby resident of Village Marine, but lives in the hamlet of Southold, more than eight (8) miles away. I therefore object to his standing to oppose a variance application, particularly where there has been no indication of any harm or damage suffered by him. CRC:jme Very truly yours, § 6.40 NEW YORK ZONING not sufficient that the nonconforming user show that he could operate his business more profitably if the variance were granted.* As in the case of a conforming user who seeks a variance, he must show undue hardsh/p unique to his situation, and he must show that the variant use will not alter the main complexion of the nalghborhoed.~ It is the requirement of undue hardship that is a difficult one for the nonconforming user. He must show that his property will not bring a fair return either as a nonconforming use without the variance, or used in con- formity with the zoning ordinance.7 It is not sufficient that the nonconforming user show declining returns, competitive disad- vantage, and a dark business prognosis.~ nor is his cause aided decisively by proof that the alterations proposed will render the nonconforming use more compatible with surrounding property.' The rule and its application are harsh but consistent with the basic limitations upon the granting of variances. But a rule which prevents alterations which may render a nonconforming use less obnoxious to the neighborhood may defeat a real inter- est while it seems to serve the basic palicy against encourage- ment of nonconforming uses. Thus, there is little wisdom and less fairness in preventing the remodeling and landscaping of an ancient, open-pit gasoline station. The owner may protest that his equipment is obsolescent and that he is outgunned by a nearby competitor, but the likelihood is that he will continue his eyesore establishment if his application is disallowed and that the neighborhood will be diminished by it. While some control of alteration, seems desirable, that end will be better achieved by 5. Fortuna v Murdock, 257 AD 993, NE2d 65 (1958); discussed in Million, 13 NYS2d 712 (1939), affd 281 NY 763, 24 NE2d 21. 6. See Otto v Steinh/lber, 282 NY 71, 76, 24 NE2d 851 (1939), reh den 282 NY 681, 26 NE2d 811. 7. Crossroads Recreation. Inc. v Broz, 4 NY2d 39. 173 NYS2d 129, 149 NE2d 65 (1958); discussed in Court of Appeals, 1957 Term--Municipal Cor- porations, 8 Buffalo L Rev 162 (1958- 59); and Gerling v Board of Zoning Appeals. 6 AD2d 247, 176 NYS2d 871 (1958, 4th Dept). 8. Crossroads Recreation, Inc. v Br~z, 4 NY2d 39, 173 NY$2d 129, 149 2T0 Hillary & Mahan, Real & Personal Property, 1958 Survey of NY Law, 33 NYU L Rev 1180 (1958). 9. Improvement of a clambake facil- ity would have enclosed some of the activity, and the plan included some landscaping. Gerling v Board of Zon- ing Appeals, 6 AD2d 247, 176 NYS2d 871 (1958, 4th Dept). Improvement of a gasoline station would have removed an outdoor. open-pit grease rack, and would other- wise have made the property more sightly. Cr~sroads Recreation, Inc. v Broz. 4 NY2d 39, 172 NYS2d 129. 149 NE2d 65 (1958). NONCONFORMING USES § 6.41 permitting alterations which promise to render the nonconform- ing use moro compatible with neighboring property. The user should not have to prove unique hardship; he should be required to show that his proposed alterations will reduce the deleterious effect of his nonconforming use. § 6.41. Special permit to alter nonconforming use. A more flexible method of limiting alterations is provided by ordinances which require that the nonconforming user apply to au administrative beard, commonly a board of zoning appeals, for a special permit..° Ordinances of this kind set up general standards" to guide the determination of the board, and they may make detailed provision for uses regarded as particularly offensive or incompatible in certain limited-use districts. An ordinance of this kind has the virtue of flexibility. In the hands of a skilled board such an ordinance may produce results which are nearer to the fairness which is always the desired end of regulation than is possible where the ordinance imposes a fiat limit on alterations. Adequate standards are essential to the validity of an ordi- nance which delegates to a beard of zoning appeals authority to permit alteration of a nonconforming building to an extent proscribed in the ordinance.~' Although the standards set up may be general, they must adequately limit the discretion and authority of a beaPd of zoning appeals to allow a nonconforming alteration to an already nonconforming use. Where standards are adequate to properly guide a beard of zoning appeals, a court will not generally overrule the grant of a variance, short of an abuse of dlscrotion? 10. See Ordinances, City of Buffalo, amount without pre'~cribing standards Ch LXX § 18(5) (1957, as amended); to limit the board's discretion was Zoning Ordinance, Town of Guilder- held invalid. Ehret v Bates, 18 AD2d land § VII H (1971). 938, 238 NYS2d 415 (1963, 2d Depti. 11. Special permitz are considered 13. Kovelman v Plaut, 201 Misc in detail in Chapter 24. in ira. 473. 105 NYS2d 280 (1951). 12. Where a zoning ordinance prc- Compare Bobandal Realties, Inc. v hibitod altoration of a nonconforming Worthing~n, 21 AD2d 784, 250 buitd/ng in an amount greater than NYS2d 575 (1964, 2d Dept), affd 15 50 percent of the ~ssessed value of NY2d 788, 257 NYS2d 588, 205 NE2d such building, a provision delegating 685 (appellat~ d/vision reversed Su- to a board of zoning appeals authority preme Court order to issue variance to permit alterations in greater to petitioner since petitioner had by- To: Southold Town Board of Zoning Appeals From: F. M. Flynn Re: Application of Village ~arine for Variances Date: ~ovember 3,1990 NOV-1 mO ii '.i .-J (Appl. # 3938) If I heard correctly, Mr. Cuddy, during the course of the hearing on the referenced application on ~ovember 1, 1990, conceded that the subject property constituted a nonconforming use. He denigrated the importance of the property's status saying, in effect, that we were all aware of it, but that it had no bearing on the application. If the record confirms my understanding, this gets to the very heart of the matter and allows the B~rd no alternative but to deny the application. Section 100-13 of the Southold Code clearly defines Nonconforming Use as being a use, whet'~r of a building, sign or tract of land, or a "combination of th~se "which, while legally existing, does not conform to the present use regulations of the district in which it is located. Chapter 100 of the Code states a~ong its Purposes: "The gradual elimination of nonconforming uses." It is the clear intent to prohibit their creation, proliferation, and expansion or the granting of variances which would have a concomitant effect. Section 100-241, relative to Nonconforming Uses, while such a use may be continued, such uses or be enlarged, altred, extended~ reconstructed or on a different portion of the lot or parcel and evidence of such use may not be increased. states that, buildings may not restored, or placed that external As if the above were not sufficient grounds to deny the application, the existing building is nonconforming and the proposed building would create a new nonconformance. Section 100-242, with respect to the nonconforming existing building; it may be remodled, reconstucted or enlarged, prov~ed that such action does not create any new conformance or increase the desree of nonconformance with regard to the regulations pertaining to such buildings. I have repeatedly called to the attention of the Board that the power~s delegated to it bythe Town ~oard are limited. The past actions of the ZBA have indiocated an inability or unwillingness to grasp this fact. With respect to variances, the ZBg has only the righ to modify the "strict" letter of the regulations, not to usurp the Town Board's powers by effectively rewritin~ them. The ZBA is enjoined to observe the "spirit" of the zoning chapter. Both the spirit and intent of the chapter are fully and explicitly conveyed in the clear wording of the regulations. Even were the property not nonconforming, there are ample and compellin~ reasons to deny the application. The proposed storage rack is 102' × 11' by 19' high. It would have a capacity of approxi~lately 30 boats. The structure alone would occupy a grade area of 1122 sq. ft. Has anyone considere that when boats are stored they would average some 20'in length. (The Port of Egypt racks boats up to 28' in length.) Thus some 2240 sq. ft. of grade area would be required for boat storage alone. At least an equivalent area would be required for maneuverin~ fork lifts southerly of the rack. Are we really to believe that a rack capacity of so,ne 30 boats is required solely as backup capacity for repairs. Having had some experience in marina operations, and since there is a launching ramp, on the premises, it would appear inevitable that these racks would eventuall br used for "high and dry" storage. With respect to parking, applicant purports to provide 22 spaces. I may be mistaken, but I count 20 on the site plan. In any event, 29 spaces are required for the presentuse; more if retail business is conducted. It is perhaps significant that an earlier survey by the N. F. E. C. cou~hed over 30 boats in the water. Further certain of the planned ~arking spaces are inadequate. It should also be noted that, if the launching ramp is to be used as a commercial ramp for outside customers, additional provision must be made for onsite parking. Each such customer,along with his trailer, would require at least two parking spaces. The launching rar~p, according to the Southold Code, is a structure; constructed above ground. It can be construed as analogous to "walks" which while somewhat less prepossing, are nevertheless defined as structures. The addition of some 30 boats in the formof rack storage would result in a requirement for at least 59 parking spaces. The total Code requirement for parking area would be 20, 650 sq. ft. The Code reqquirement for landscaping, at 20~, equals 4729 sq. ft. total Code requirements for ~and area, exclusive of setbacks a~ Parking P0,650 sq. ft. Buildings 5,024 Landscaping 4,729 Ramp 520 +/- Rack (gross area) ?,240 Total 33,163 sq. ft.+/- Total plot area is 23,645 sq. ft. (2) Arguments of economic hardship have been introduced. Even were it legally possible to grant variances, "dollars and cents"proof must be produced by the applicant. The applicant must prove the property is virtually worthless as zoned. This is hardly sustainable in view of the recent purchase price. Rhetorically, what higher value can the property have than its present use, enjoying the benefits of nonconformance. As for practical difficulties, the factors the Board must consider havebeen repeated ad nauseas. The practical difficulties, if any, in this instance, arise from the proposed expansion and the applicant's attempt to increase profitability. For the reasons noted, and those expressed by others (notably the Planning Board), I petition the Zoning Board of Appeals to deny this application. 2 Bouton Pi., Huntington, New York 11743 October 19, 1990 Mr. Gerry Geohringer, Chm. Zoning Board of Appeals Southold, New York 11971 Dear Mr. Geohringer: We are emphatically opposed to granting Village Marine a variance to build a larger structure and expanded storage facilities. My wife, my mother, Kathryn Klein and myself, own property on East Legion Ave., along James creek. Boat traffic in the creek is already a nuisance due to the noise, fumes and wakes produced, more boats will only aggrevate the problem. We can see no reason why these structures are necessary, given that Village Marine has other locations on the main road which should be sufficient. Sincerely, James E. Klein GI-L~'~r,ES R. GUDDY 1~0 0X.D GOU~T~Y lq.o~,~D P,_rv~, ~ 11901 October 9, 1990 Mr. James Dinizio, Jr. Chairman, Pro Tem Zoning Board of Appeals Town of Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 Re: Village Marine - Area Variance Application Dear Mr. Dinizio: As you will recall at the hearing on the above application held on September 26, 1990, I requested the opportunity to respond to any written communication from the Planning Board received by the Zoning Board of Appeals after the hearing date. I have become aware of a memorandum from the Planning Board dated October 2, 1990 and offer the following response. Initially in reviewing the Planning Board's memorandum, it is not clear whether the Planning Board or that Board's staff considered this application; the memorandum is unsigned, does not appear to be a resolution of the full Planning Board and is initialled by a member of the Planning Board staff. The memorandum does not address the issues of practical difficulty or whether there is a need for a boat repair building, and indeed does not recognize the fact that the site is zoned for marina purposes. The comment that the property is over developed is a non-sequitur. It will not be less developed or more developed by the application before the Zoning Board. It will be better utilized. Improved utilization of a parcel should be a concept embraced, not rejected, by the Planning Board. Denying the application will not result in a better parking arrangement. While the parking requirement is significant, the existing site does not have more than the 7 spaces shown on the plan before the Zoning Board. Of greater importance is the fact that the applicant is amending the plan to reflect additional parking where boats are now stored. This will ameliorate difficult traffic and parking conditions. As to landscaping, the plan will also show planters along the bulkheading. Mr. James Dinizio, Jr. Chairman, Pro Tem Zoning Board of Appeals Town of Southold -2- October 9, 1990 Additional lot coverage as a result of the boat storage rack raise the percentage of lot coverage from 21.2% to 26.4%, well within the permitted 30% coverage. It is doubtful that the boat storage rack must be considered in connection with the parking requirements. In fact by its letter of September 21, 1990 the Planning Board advised that the required number of parking spaces would be 29 as is shown on the site plan. In a span of 12 days, the Planning Board appears to have changed its position. The objections voiced by the memorandum from the Planning Board deal only tangentially with the issues before the Zoning Board and should be weighed seriously in the Board's determination. not CRC/ejc Very truly yours, Charles R. Cuddy/ APPEALS BOARD MEMBERS Gerard P. Gochringcr, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCO'Vr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 FROM: DATE: SUBJECT: Planning Board Attention: Valerie Scopaz, Planner James Dinizio, Chairman Pro Tem Board of Appeals October 24, 1990 Planning Board Letters of 9/21/90 and 10/2/90 Pending Site Plan - Village Marine SCTM #1000-122-3-15.1 With reference to the above application, please find attached the latest print of site plan showing 20 proposed parking spaces. As you may know, the hearing on this application has been continued until Thursday, November 1, 1990, and we ask your review as to whether or not the parking layout as shown on this plan is conforming under the requirements for site plans -- with the exception, of course, that the plan is nine parking spaces short of the code requirements. Please provide our office with your comments as early as possible, or in the alternative, please feel free to have a representative from your department attend the hearing. The hearing has been continued for 9:10 p.m. on 11/1/90. DATE " ARCHITECTS 300 WHEELER ROAD ~=UITE 303 HAUPPAUGE NEW YORK 11?BE 51E. 234.48ct7 DRAWN ECALE OWG.NO. PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 TO: FROM: DATE RE: HARRIS PLANNING BOARD OFFICE TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Gerard P. Goehringer, Chairman, Board of Appeals Bennett Orlowski Jr., October 2, 1990 Village Marine SCTMg 1000-122-3-15 Chairman~o.~¢~A The following is in response to your request for comments on Application No. 3938, Village Marine. The Planning Board is not in favor of granting the requested variances for insufficient setbacks and relief from parking and landscaping requirements. The Boards reason's for not being in favor are as follows: The property is over developed now. The requested relief from the requirement for twenty nine (29) parking spaces cannot be met with the seven (7) spaces shown on the proposed site plan. In addition, the proposed boat storage racks have not been included in either the lot coverage or parking calculations. Finally there is no landscaping on site. And none is proposed on the site plan. APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 September 28, 1990 charles R. Cuddy, Esq. 180 Old Country Road P.O. Box 1547 Riverhead, NY 11901 Re: Appl. No. 3938 - Village Marine (Variance) Dear Mr. Cuddy: Please furnish three prints of a sketch drawn to scale (or amended site planJ depicting those parking spaces which have been referred to as additional alternative parking spaces, on the existing bluestone areas, in the event outside storage of boats is transferred from the existing areas to the boat rack. It should also be determined which area would be necessary to remain open and unobstructed for moving boats within the premises to the boat rack. Should there be any continuation of outside storage of boats to areas other than the boat rack or within the building area, please also include that storage area on the plan. The public hearing has been recessed until our next Regular Meeting (expected to be held on Thursday evening, November 1, 1990.) A copy of the meeting notice will be forwarded to you during October confirming the date and time. Yours very truly, JAMES DINIZIO, JR. CHAIRMAN PRO TEM New York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11794 (516) 751-7900 Thomas C, Jorling Commissioner Mr. Charles Bowman Land Use Co. 2576 Sound Ave. Baiting Holtow, NY I]933 June 27, 1989 Re: Village Marine IO-88-1869 Dear Mr. Bowman: In response to Notice of Complete Application, the Town of Southold Planning Board has informed me they have not received a site plan application for this project, which is required for them to comment on the proposed building and variance. Submit all required plans to the Town Planning Board so we may proceed with our review. K~.l:jfj cc:~. G. Kassner, Town of Southold F. Mushacke file Sincerely, Kathy Murphy Environmental Analyst Toxvn Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 19, 1989 Katy Murphy Building 40, Room 219 State University of New York Stony Brook, New York 11794 RE: Villgge Marina Mattituck, N.Y. SCTM ~ 1000-122-03-15.1 Dear Ms. Murphy, The Planning Board is unable to comment on the proposed building and variance because it has not received a site plan application for the above-referenced project. Site plan approval is required for the construction of a building within a marina, and for the proposed grading and drainage. Upon receipt of a complete application, the Planning Board will do a coordinated environmental review of the project, then forward its comments to your office. If there are any questions, please do not hesitate to contact this office. ~ Bennett Orlowski, Jr. Chairman CC: Frank A. Kujawski, Jr., Board of Trustees James A. Schondebare, Town Attorney Victor Lessard, Building Department Village Marina April 11, 1989 Land Use Board of Town Trustees Town of Southold Town Hall 53095 Main Road P.O. Box 728 Southold, N.Y. 11971 Attn: Joan Re: Village Marine Application No. 677 Dear Joan: As per our recent telephone conversation, enclosed please find copy of letter sent to N.Y.S.D.E.C. requesting an amendment to the above noted application. Also enclosed please find a copy of the amended site plan prepared relative to this application. Should you have any questions with kindly contact me at your convenience. regards to this matter, Thank you for your continued cooperation. Very truly yours, TLE Enc. 2576 Sound Avenue · Baiting Hollow, NewYork · 11933 (516) 727-2400 · FAX (516) 727-2605 N C¢)UNTRY Ill). · BOX WADING RIVER. N.Y..79: (?o) 9~9 ,]575 Fmbruary 2, 1989 N.Y.S.D.E.C. Bureau of Regulatory Affairs, Bldg. ~40, SUNY Stony Brook, N.Y. 11794 Room 219 Attn: Ms. Susan Ackerman Re: Village Marine Application No. 10-88-1869 Dear Ms. Ackerman: As per our clients request dated 1/31/89, kindly amend the above referenced application to reflect the following amendment to the application: 1.) The applicant proposes to demolish the,3mx~-s'tw~ metal building and replace same with ~ 40'x 60' ~/ structure for boat repair and storage.k. ~ 2.) The previously proposed equipment storage building (8'x 40') would be located on the east side of the new structure. Please note that the variance request for setback is amended to 48' from the previously proposed 37'. Additionally, please be advised that this amendment still falls below the 20% lot coverage criteria. I remain, Very truly yours, Charles W. Bowman CWB/te Enc. 11/29/88 Pa§e 2 On a motion by Heather Tetrault, seconded by Daniel Kujawski, it was RESOLVED to recommend to the Southold Town Trustees approval with recommez ations of Wetland Application No. 674 of William Corwin to construct an irregular shaped wooden deck on the north and east of the single family dwelling as shown on submitted site plan. (Project shown on submitted plan was recommended by the NYSDEC.) The CAC approves with the recommendation that applicant install drywells and add naatural plantings between the lawn and wetlands. New Suffolk Avenue, New Suffolk Vote of Council: Ayes: All Motion carried. Wetland Application No. 675 of Oyster Farm Associates to dredge, enlarge, and bulkhead existing marine basin was tabled by the Council. The Council has serious reservations concerning the project. Also it would like to consider the project as a whole, not segmented, other Departments may have some influence on the project as a whole. On a motion by John Tutill, seconded by Bruce Loucka, it was RESOLVED to recommend to the Southold Town Trustees disapproval of Wetlan¢ Application No. 676 of Gus Wade to install a 65' x 8' (clear) prefabricat£ steel bridge to span former underwater (now filled upland) of Trustees. Bridge to be supported by concrete vertical members at each end. Approx- imately 175 c.y. of clean sand and loam fille to be trucked in and capped with 15 c.y. of gravel to create sloped "ramps" at each end. .Purpose of the bridge is to allow access to proposed house of applicant for which permission is also being requested. House will be "pedestal" type and to'have associated sanitary system, blluestone driveway, etc. All work to be as submitted plans. The CAC disapproves as it feels it is an environmentally dangerous project The Council disapproves of the proposed house in the location as proposed. Since it disapproves of the house, there is no need for the access bridge. The Council also questions the segmenting of the SEQRA process. On a motion by Bruce Loucka, seconded by John Holzapfel, it was RESOLVED to recommend to the Southold Town Trustees approval with stipula- tions Wetland Application NO. 677 of Village Marine to construct an 8' x 40' accessory building within existing parking area for use in equipment storage and services. Building to be located adjacent to existing structure. The CAC recommends approval with the recommendation that applicant install a pumpout station and that stipulates that appli- cant install catch basins Since servicing will be done in th~ build- - lng provisions must be made to prevent any seepage or runoff into adjacent waters. 175 Bay Avenue, Mattituck. Vote of Council: Ayes: All Motion carried. On a motion by John Holzapfel, seconded by Heather Tetrault, it was RESOLVED to recommend to the Southotd Town Trustees approval with stipu- lations of Wetland Application No. 679 of Frederick Krug to maintenance dredge indented area 8' x 58' to 4' below MLW, approximately 18 c.y. to be removed and placed on owner's property. The Council approves if the applicant places the spoil at l~ast 75' from the edge of creek. Budds Pond Road, Southotd. ~': Vote of Council: Ayes: All Motion carried. Proposed Accessory Structure Village M~r'ine 175 Bay Avenue Mat'tituck, N.Y. 11952 Scale 1" = 30' Area of Lot = 22,000 s-.f. !'. Area of Existing Structures = 2494 s.f. (9~o) Area of Proposed .. Structures - 4Z08 ~.f. (19%) BOARD OF TOWN TRUSTEES TOIVN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 , Southold, New York 11971 TELEPltONE (516) 765-1892 NO.__~ ______DATE OF APPLICATION IDENTITy OF APPLICANT Village Marine ADDRESS OF APPUlCANT~ 175 Bay Avenue, Mattituck October 12, 1988 298-5800 PHONE ilO___ TAX MAP NO. 1000-122-3-15.1 AGENT Land Use Company 929-3575 PHONE ilO. PERMIT REQUESTED TO construct an 8'x 40' accessory building within existing parking area fo~ use in Building will be located adjacent to existing structure. LOCATION OF PROPERTY FOR WHICH PERMIT WANTED 175 Bay Avenue, Mattituck CREEK, BAy OR HARBOR FRONTING PROPERTYHead of Jam~s Creek SIZE OF PROPOSED WORK 8'X 40' LENGTH WIDTH HEIGHT ABOVE HIGH WATER Not appiicable' DEPTH BELOW LOW WATER Not applicable YARDS TO BE EXCAVATED -0- YARDS TO BE FILLED' -O- DEPTH AT LOW. TIDE Not applicable PROPERTy ,AVERAGE RISE IN TIDE 1.7' DISTANCE TO THE NEAREST CHANNEL N/A FT. DISTANCE PROJECT EXTENDS BEYOND SIMILAR PROJECTS IN IS THIS FOR PRIVATE OR BUSINESS USE? .Bn~iness THE AREA -0- AREA ZONING Commercial FT. MANNER IN WHICH MATERIAL WILL BE REMOVED OR DEPOSITED Not applicable INTENDED USE OF PROPERTy .... ~ipment storage__and services for existing ' o ration. DESCRIBE ANY KNOWN PRIOR OFE~}~S ~NDUCTED ON THE PREMISE Existing Marina ASENCY__~_~ensions THE PROJECT SITE IF NECESSARY pplicable accessing structure to be ~cated within existing parking area. WRITTEN CONSENT OF THE OWNER OF THE PROPERTY, IF NOT THE SAME AS THE APPLICANT. Enclosed ARE THERE ANY COVENANTS OR RESTRICTIONS IN YOUR DEED THAT W6ULD PROHIBIT THIS PROJECT? No COUNTY OF SUFFOLK ' ) STATE OF NEW YORK )SS: Tanya Esper for Land Use Company agent for the In completing this application I hereby authorize the Trustees. agent or representative to enter onto my property to inspect the premises in conjunction with revi~w~th~s app~qation. · / SIGNATURE O APPLICANT / Land Use Company by: Tanya Esper SWORN TO BEFORE ME DAY OF EXAMINED APPROVED "WETLANDS" PERMIT (CHAPTER 97) APPROVED "BOAT,DOCKS, WHARVES" PERMIT (CHAPTER 32) DISAPPROVED DISAPPROVED CONDITIONS, "WETLANDS PERMIT" (CHAPTER 97) "SOATS,DOCKS, WHARVES" PERMIT IF ANY (CHAPTER 32) EXAMINING BODY SIGNATURE OF CHAIRMAN COMPUTATION OF FEES COUNTY OF SUFFOLK ' ) STATE OF NEW YORK )SS: Tanya Esper for Land Use Company agent for the In completing this application I hereby authorize the Trustees. agent or representative to enter onto my property to inspect the premises in conjunction with revi~hls app~qation. ~ Land Use ComPany by.- Tanya Esper S~ORN TO BEFORE M£ THIS DAY OF APPROVED "WETLANDS" PERMIT (CHAPTER 97) APPROVED "BOAT,DOCKS, WHARVES" PERMIT (CHAPTER 32) DISAPPROVED "WETLANDS PERMIT" (CHAPTER 9~) (CHAPTER 32) COMPUTATION OF FEES · ':'' [~R~)JECT I,D. NUMBER 617.21 Appendix C ~' State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I--PROJECT INFORMATION fro'be completed by Applicant or Project sponsor) 1. APPLICANT/SPONSOR ..L.~ PROJECT NAME 3. PROJECT LOCATION: Villac/~ Marine Proposed Accessory Structure Uun~clpaNty 175 Ba_~ Avenue, Math/tuck Counly Suffolk 4. PRECISE LOCATION (Slreet address and road Intersections, prominent landmarks,.elc,, DJ' provide map) SEQF If Ihe action is in the Coastal Area, and you are a state agency, complete tile Coastal Assessmen! Form before proceeding'with this assessment ' OVER . I 175 Bay Avenue 5. IS PROPOSED ACTIO : ..~__...~ New ~xpanslon [] ModlflcaRonlalleraflon . . 6. DESCRIBE PROJECT BRIEFLY: Applicant proposes to construct an 8'x 40' accessory structure for equipment storage and servicing. Building will be located within existing parkin~ area'.adjacent to existing structure. ?. AMOUNT OF LAND AFFECTED: InIBalt._..__.__._.~y 3 2 0 S. f. . acres UItlmalely 3 2 0 S · f . acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? [] No If NO, describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY F PROJECT? [] Residential [] Industrial ~Commercial [] Agrlculfure [] ParklForestlOpen space [] Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? ."~Yes [] No If yes, llsl agency(s) and permit/aPprOvals N.Y.S.D.E.C. Art. 25 ANY A PECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL7 r-~ Yes NO II yes, list agency name and permit/approval 12. AS A RESULT PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? ~1 CERTIFy THAT THE INFORMATION PROVIDED ~ ~ -- DYE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUsponsor J~me: I'~ L~lnz~L~se Company . N. COUNTRY RD. · BOX 36~ WADING RIVER, N.Y. ,79~ (5~6) 9~9 3575 APR 2 8 1986 April 17, 1986 State of New York Department of State Coastal Management Program 162 Washington AVe. Albany, N.Y. 12231 Attn: Mr. David Buerle Re: Application No. F-86-054, Village Marine Dear Mr. Buerle: As per our recent telephone conversation, enclosed please find a revised site plan showing that the proposed bulkhead shall be constructed above the Spring High Tide line. Should you have any further questions or comments with regards to this application, kindly contact me at your convenience. I remain, Very Truly Yours, Charles W. Bowman CWB/te Eno. I~ATL~r-'~: ...IAr'IE 5 c_t~£ ~. ' / / / t FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEI/EYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 May 10, 1989 TELEPHONE (516) 765-1892 Land Use Co. 2576 Sound Ave. Baiting Hollow, N.Y. 11933 Re: Application No. 10-88-122-3-15.1 - Village Marine Dear Ms. Esper: The following action was taken by the Board of Town Trustees during their regular meeting held on April 27, 1989 regarding the above matter: WHEREAS, Land Use Company on behalf of Village Marine applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated October 12, 1988, 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 April 27, 1989 at which time all interested persons were given an opportunity to be heard, and WHEREAS, the Board me~ers have personally viewed and are familiar with the premises in question and the surrounding area, and WHEREAS, the Board has considered all the testimony and documentation submitted concerning this application, and WHEREAS, the 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 Land Use Company ON BEHALF OF Village Marine BE AND HEREBY IS GRANTED PERMISSION UNDER THE WETLAND ORDINANCE TO: Construct a 40' X 60' accessory building to be used for boat storage and services. Conditions for approval include installation of gutters and drywells to prevent runoff into wetlands. This permit will expire two years from the date it ' signe rk has not commenced by said date. Fees must be paid and permit issued within six months of the date of this notification. Two inspections are required and the Trustees are to be notified upon completion of said project. Please take notice that this declaration should not be considered a determination made for any other department or agency which may also have an application pending for the same or similar project. Permit will be issued upon payment of the following fees: Inspection Fee .................... $10.00 FAK:jas cc: Bldg. Dept. Conservation Advisory Council file Very truly yours, Frank A. j ', Jr. President Board of Town Trustees 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COUNTY OF SUFFOLK : STATE OF NEW YORK TOWN OF SOUTHOLD : ZONING BOARD OF APPEALS HEARING : Town Hall · 53095 Main Road P.O. Box 1179 Southold, New York 11971 September 26, 1990 9:30 P.M. BEFORE : BOARD MEMBERS: GERARD P. GOEHRINGER, Chairman3 ~S~. CHARLES GRIGONIS, JR. SERGE DOYEN, JR. OSEFH H. SAWIOK s r JAMES DINIZIO, JR. ALSO PRESENT: LINDA KOWALSKI, Board Secretary 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 2 Dinizio, Jr., and as aerry explained to you before, this being a small town, you know we all have friends and Gerry felt it better that he not be here for this meeting. So I GRIGONIS: Aye. THE CHAIRMAN: My name is James am going to conduct (Time noted: THE CHAIRMAN: it. We will reconvene. 9:33 p.m.) This is the application in behalf of village Marine, Application Number 3938. (Legal Notice read off record.) (Excerpt of Southold Town Zoning Board of Appeals hearing, September 26, 1990. ) (Recess taken at 9:27 p.m., at which time Mr. Goehringer recused himself from the hearing, and proceedings resumed at 9:30 p.m. with Mr. Dinizio presiding.) THE CHAIRMAN: I make a motion to reconvene. MR. DOYEN: Second. THE CHAIRMAN: All in favor? MR. DOYEN: Aye. MR. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 MR. DINIZIO: zoning map, Tax Records We have a copy of the and the Southold Town Property and County Tax Map. Does anybody wish to be, heard in behalf of this application? MR. CUDDY: My name is Charles Cuddy. I am an attorney for the applicant, Village Marine. This is an application for a piece of property that on the east side of Bay Avenue, in Mattituck, approximately 150 feet south of the Main Road. For those who have some knowledge of the area, it is directly right in back of the Hess gas station. The parcel is 23,645 square feet. It has an existing building on it. It has a frame building. It has an existing metal building. It is our intention to replace the existing metal building, as it is approximately 1,000 square feet, with the new building which will be 2,400 square feet. Also, it will In addition, we want which is 11 feet by 102 feet one corner of the property. be a metal building. to place a boat rack, in length, at 3 2 3 4 5 6 7 8 9 ~0 11 12 ~3 14 15 16 17 18 39 20 21 22 23 24 25 4 These two additions to the property -- really, in one case, replacement gave rise to this application, and without going back to the Book of Genesis, I would like to go back a little bit to the beginning, at least zoning-wise, and discuss for one minute what we have and what maybe we don't have. This piece of for years and years. property has been there It has been used as a marina for years and years. In 1989, the Town Board legislatively endorsed the use of this piece of property as being in the M-I Zone. All the uses we have are permitted uses. All of the uses we are going to make are permitted uses. We are not changing any uses. We are not asking for an extension of a non-conforming use. We are asking for area variances based on the small piece of property, half-acre piece, that we cannot use properly, we think, without these variances. The variances that we are requesting begin with one from the bulkhead. Our 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 5 present situation is that we are located approximately 32 to 33 feet back with the existing metal building, and ! refer you to the site plan map, which I think you have a copy of, just to see the distances, but we are asking that instead of being 32 or 33 feet back from the bulkhead, that in fact we be 28 feet back from the bulkhead. So that is the extent of the variance from what exists and, I think, what existed is important because this is not a vacant piece of land we are asking for variances on. This is an existing parcel. We are asking, essentially, from the bulkhead that we have from the metal building, the new one, a difference of approximately five feet from what we now have. We have a front yard that's 37.3 feet. That conforms to the requirements. We have a side yard approximately that is 3 feet, on what is the northerly side of the property. We are going to take the new building and extend it exactly parallel. So we end up with 3 feet. The requirement of 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 6 the side yard, as I understand, is 20 feet. What we are asking for is that we be allowed to have exactly what we now have. It is 3 feet, and that we are not changing it. It is very narrow. It is a 3 foot lot. It is 3 feet and we are going to continue in exactly that. This large building will have a 20- foot rear yard. The requirement is 25 feet. The rear yard backs onto the fenced area and also backs onto the business zoned piece of property, so that the variance there is indeed very slight. As to the boat rack, the boat rack we ask that we be given a 10-foot side yard on one side and a 10-foot rear yard. Requirement again for the rear yard is 25 feet, but it is a rear yard that extends onto a 5-foot metal chain link fence and also back onto the right-of-way. So essentially there is no use, except for vehicles going back and forth, of the rear yard. The boat rack will allow us to store 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 boats. We do not intend -- and I say this most emphatically so there is no question from anybody in the audience or anybody on the Board -- we do not intend to bring any new boats as part and parcel of what we are doing. 7 The reason for doing this is to take the existing boats -- and the entire area is essentially cluttered with boats because it is a small parcel -- to put the boats that are being repaired inside the building. They now repair the boats outside the building. When it gets rainy and cold, to repair the boats outside the building is difficult. They want to use the new building to repair the boats. They want to store the existing boats they are repairing on the rack. Therefore, they will clear out the cluttered area of the boats now. We cannot take a car and go into the existing facility, because there are boats all over. Once that clears out it is their contention to try to use that area to expand the parking. It is not shown on the map 1 2 3 4 5 6 7 8 9 10 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 8 that way and that's not what we requested, but it is our intention to try to get more parking spaces, and the parking now is 7 spaces. It has been 7 spaces for a long, long time. The requirement is much greater. The requirement is 29 spaces. We would have no place to have any additional parking, except if we clear out the boat area. We are saying simply we intend to put more spaces there. We don't know how many. We have 7. We had 7. We are not increasing the number of boats. use it as it is. As far as We are simply going to landscaping, there is minimal landscaping. I would say there is no landscaping at this site, because it is basically a building and parking area. We are a boat storage area at this point. We will put some landscaping bushes and flowers along the area that is used for the dock at this point. That is right at the bulkhead. Aside from that, there is no place to landscape at all. We ask for a variance for that requirement. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 real application is only is small, tion. slope. I would point out to the Board that practical 9 difficulty in this that you have a lot which not but has a strange configura- The configuration is triangular in Because of that, I think the variances we ask for are not excessive. ! think the variances would meet the test of practical difficulties. We are not going to change the character of the neighborhood. There is no other means to use it to get the point we want to be at, which is to have a larger usable building for the repairs. There is no excessive or further demands at all on governmental facilities. We are going to have variances for the most part that are not substantial, certainly in light of what we already have. They are basically minimal variances compared to the overall requirements. Some of them are significant, but not compared to what we have. I would ask that this Board encourage properties to be improved, that they permit 1 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 10 and grant this particular variance. I would like to say that if the Board were to reject this variance, what would happen is you would have basically the same place you now have. You would have no improvement in structure. You would have a clutter of boats, no better parking. There would be nothing that would improve the site and I think that would be inappropriate. I would say two things in closing. First, it has been my experience that on occasions, when site plans are pending, that you get communications either at the time of the hearing or after the hearing from the Planning Board. If that happens, X would ask for the opportunity to respond to whatever the Planning Board says that that may be negative concerning this application. I want to point out to the Board that at the time this application was initially made, Linda Kowalski, who is the Board secretary and administrative assistant, was working with me in my office. She no longer is, but I want it to be known. From the ! 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 11 this application. MR. CUDDY: that I would certainly ask have the opportunity to respond to whatever they say. THE CHAIRMAN: you are willing to go MR. CUDDY: reason to keep it narrow point. THE CHAIRMAN: Certainly, as long as forward with that. otherwise I would have no open except for that Would you like to respond in writing to that? very time she began working for the Town, she no longer worked on this application. I would ask that you approve the application. Thank you. THE CHAIRMAN: Mr. Cuddy, I can tell you that I believe today we received something from the Planning Board requesting that we hold the hearing open or recessing it with the idea they could have some input into what was going on here. I can give you a copy of that. So they haven't submitted it yet, but they did say they intended to coma~ent on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 MR. CUDDY: in writing. take it they in writing. 12 I would prefer to respond If there's is in writing -- I are not here -- that it will be ! will respond in writing. MR. DINIZIO: They haven't made comments yet. As soon as we get them -- MR. CUDDY: Fine. Thank you. THE CHAIRMAN: Mr. Cuddy, I have a few questions but I think I will wait until after I hear if anybody has any other comments positive to this application and negative comments. MR. GOLDMAN: Robert Goldman. I am the program coordinator for the North Fork Environmental Council. I would like to read a statement into the record. "The North Fork Environmental Council is opposed to the granting of bulk and setback variances to Village Marine. The applicant has failed to show why the strict application of the zoning code would cause hardship necessitating variances. The applicant has operated the marina for a number of years. What is the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 13 hardship? We respectfully remind the Board that the inability of a business to increase profits is not grounds for claiming hardship. The subject property is a pre- existing, noncDnforming site according to the M-! Zone adopted 1/10/89. The site is .55 acres. M-I requires at least 4,000 square feet. The granting of further bulk reductions by the variance would be completely contrary to the intentions of the Master Plan. Granting bulk and setback variances here would be making a bad situation even worse. We respectfully remind the Board that the M-I Zone figures prominently in pending litigation between NFEC and other parties and the Town. NFEC has proposed revisions to the M-I Zone in the course of the litigation. Relevant to this appeal is requirement C.(1) (f) and (g) of said revisions which state: (f) For each one square foot of surface water occupied by the marina, there 1 2 3 4 5 6 7 8 9 10 11 12 13 14 16 17 ~8 19 2O 21 22 23 24 25 14 should be 1.25 square feet of upland area available (exclusive of area covered by setbacks and required landscape area). To the extend upland area is unavailable to maintain the 1 to 1.25 ratio described herein, the ability to use surface waters shall be limited specifically in this special exception permit. (g) The permitted number of boats at such marina will be limited to one boat per 1,250 square feet of upland area (exclusive of areas covered by buildings, required front, side and rear yard setbacks, and required landscape areas). The special exception permit shall state specifically the approved boat capacity for the marina approved. NFEC is fully confident that we will win the suit and that the proposed M-I Zone will be adopted. In which case, if this appeal is maintained, it will have to be reviewed by the Board utilizing new criteria, partially cited above. James Creek is included in the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 15 Peconic Bay Critical Environmental Area designated by Suffolk County. The action proposed by the applicant is therefore the Type I under SEQRA with a presumption of significant impact requiring an environmental impact statement. A long- form Environmental Assessment Form is required to be filled out by the applicant and the lead agency. NFEC believes that a significant increase in boat traffic, water pollution, noise, automobile traffic and wildlife habitat degradation would occur as a result of the proposed action. The Board should initiate a coordinated review of this appeal/application with all concerned agencies. The Board should request lead agency status, issue a positive declaration, and require that an environmental impact statement be prepared." THE CHAIRMAN: that would like to be application? MS. Is there anybody else heard on this KOOP: Gertrude Koop. I live on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 16 Bay Avenue, in Mattituck. Mr. Cuddy, I would like to ask you -- because I know you but I don't know the name of the marina owner -- when you spoke of this storage rack, you gave foot space. How high is this thing going to be? Don't tell me in feet. How many layers of boat? MR. CUDDY: Two, at the most. MS. KOOP: There are here tonight many people who are living in homes that have been established for quite a few years, prior to the Village Marina business. When they developed their property on James Creek, John Klein (phonetic) had a marina of a type. At that point, it was a rowboat and putt-putt motor. Today it is high speed boats that are dashing in and out and, as was spoken of before, is causing pollution. I do not feel that to enlarge this building, to give allowances to exceed the space allotments should be done. Secondly, I think rather than waiving parking restrictions, I think there should be a bigger demand on parking restrictions. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 17 If the bank across the street really enforced their sign, which says, "For bankers only. Other cars will be towed away," many of the boaters on Saturday and Sunday would have a long walk home because the only place they park their cars is in the bank parking lot. If one car is parked on Bay Avenue it is almost an impossibility to get two cars, one going in each direction, in and out of Bay Avenue. It makes a tremendous hazard and a definite difficulty. I think there should be a greater demand for demanding more parking on the property. As Mr. Cuddy said, they intend to have more than seven, but good intentions -- you know there's an old statement that says, the road to hell was paved with good intentions. And I don't like to see the entrance to Bay Avenue going to hell. Also, we have another marina. Within the powers of planning, and so on, it was decided James Creek wasn't worthy of being used. So they allowed a marina to develop I 2 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 18 on either end. What one didn't pollute, the other one did. That too, at one time, was stated it wouldn't be more than 100 boats, and I am sure the number there exceeds far more than 100 boats. I hate to see the same thing happening up there. I don't think we should have to look at the storage facility and don't think we should have to be inconvenienced by parking that's a hazard to all of us. Thank you. MS. MARRINER: My name is Jeanne Marriner. I live off the Bay Avenue. I concur with the statement of Mr. Goodman and the Environmental Council. urge you to consider this very carefully. There are multiple problems. It is not only pollution in the creek. It is a definite traffic hazard in that whole area where the marina which was -- as Mrs. Koop said -- a very small little operation, a little outboard repair shop and a few rowboats. It was never meant to be a large marina. It was sited inappropriately. I think the 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 lawsuit will prove this. ! hope that you will 19 take all this into consideration, hazards. hazard. In right there. and think of the traffic There is also a potential fire fact, that Hess gas station is Fiberglass boats are highly volatile. One fire'and you could have a tremendous situation in the neighborhood that is so congested that people can't get out of Bay Avenue, and anything further in this area would just be contributing to more detriment to the people that live there. The object of good zoning is to protect the public's health, safety and welfare. Please remember that. Thank you. MS. SAWASTYNOWICZ: Nancy Sawastynowicz. I would just like to have the Board become lead agency and ask for an environmental impact statement to be done on this project, because this time they say they want to make more roads. It will be more boats, more congestion, more pollution, all of the above that everybody else stated. I think it is a serious problem we are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 20 facing with our bays being polluted, by not just boaters but the whole environment. So let's look at this with a lot of concern. Thank you. THE CHAIRMAN: Anyone else? MR. CUDDY: If I may, ! would like to respond to some of the co~ents that have been made. I am disappointed to a fair degree, although not surprised, by Mr. Goldman. ! am disappointed because the whole crux of his remarks directed not towards this application, but towards some preconceived agenda that some people have and the North Fork Environmental Council, to my knowledge, has not done very much positive but they have done a lot through the kind of statements made here that negate any form of change, any minimum progress. I bring to the attention of the people that are here and the Board, once again, this application does not have to do with James Creek. We are not putting more boats in the water, and we are not putting anything that is going to cause additional 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 21 pollution. I think to talk in those terms has really missed the point. There is an existing building. There is an existing site. We can use it exactly as it is. It can stay that way. That's what you would end up with. You would not end up with what which is to deny you to legislate to an appeal. I think you intend to, completely. They're asking here instead of listening I take exception to the North Fork Environmental Council as a unit, standing here through Mr. Goldman, without either a resolution showing his authority or giving us any indication of what standing they have. I want it on the record, I object to their standing, at this point. ! don't think they have any in connection with this application. Their interest is totally environmental. I point out to this Board in April of 1989, the Town Trustees -- I am making this a part of the record -- approved this application as to the building. At that 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 time, it is my understanding they did make an environmental declaration. This has been through that process. This is over a year ago. I think that I could sympathize with someone like Mrs. Koop who is concerned about traffic. ! point out to the Board, I think we are going to eliminate part of the traffic problem. If this, again, was denied there would be no improvement in the traffic situation. None at all. So the very concern she has, that the traffic is bad, is not going to improve if this is rejected. If it is accepted I think there may be a material improvement because you are taking boats from where they are now parked, or stored, and you will be putting cars in those spaces. I think the traffic situation can be significantly alleviated by approving the application we seek. I say this is an upland application. It has nothing to do with the water. It has nothing to do with increasing environmental hazards in this area. The marina is there. 1 2 3 4 5 6 7 8 9 I0 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 23 It has been legislated. Mr. Goldman read from the proposed revisions that the North Fork Environmental Council would like to make to the Town ordinances -- not the ordinances, but the proposed revisions these people want to make. I think they are irrelevant to this proceeding. I point out to the Board that my client is here. Mr. Young is one of the principals of the marina. I said, it on his behalf, that this is not increase as to the number of boats. to try to eliminate situation. and I say an This is Therefore, I ask for the approval of the application. I am handing up a copy of the resolution from the Trustees. (Mr. Cuddy handing the Board a letter from the Board of Trustees, dated May 10, 19 .) an unfortunate It's nice that it is raining outside, because that is one of his problems. He cannot work there in the rain. He wants to put the boats inside, not increase the number of boats either. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CHAIRMAN: going to be? MR. CUDDY: 24 How high is this rack My understanding is that being one, law allows structure, feet. the accessory limitations, the accessory unit to the building or structure can't be higher than 18 or 19 feet. I don't remember which one is applicable. It will not be higher. We are not asking for a variance to go higher. I agree there is an aesthetic question involved. We think we are trying to clean up the area. It would certainly not be more than two, maybe end up with but we can't go higher than the at this point. For an accessory we can't go higher than 18 or 19 THE CHAIRMAN: In relation to the shape of the parcel, I had a question as to whether or not the land that is to the rear of the boat rack is the front yard or not, in that it is on the right-of-way. MR. CUDDY: I don't believe the definition of street or right-of-way makes 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 25 that the front yard. I would point out to the Board that, first of all, our access to that is zero because there is a five-foot chain link fence. But my understanding that the definitions in the zoning ordinance do not make that a front yard simply because it is a right-of-way there. THE CHAIRMAN: I am sure you are going to have a lift of some sort, to lift the boats out of the water. MR. CUDDY: They use a ramp, and Mr. Young can tell you if they are going to use a particular lift. MR. DAVID YOUNG: We use it for storage of new boats only. New boats, boats that are being serviced. The boats that are cluttering. The boats there are plenty. We are not using it in a high and dry marina. The dry rack will never be used for a dry land marina situation. They will only be used in order to store new stock boats and boats that are being worked on in the facility. It is financially inconceivable for me to use it as a marina-type situation, 1 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 26 ramp? MR. YOUNG: Yes, there is a launching where we are launching and retreating customer's boats. THE CHAIRMAN: So it is for storage of new boats? MR. YOUNG: Inventoried boats, stock boats we have inventoried that are for sale and customer boats that are being worked on. In other words, if it is a two rack set up we'll keep the stock inventoried boats on the second set of racks, up high, which reduces theft and give us a place to keep the boats out of the way and the customer service boats will be kept under them in that rack -- in that rack place. THE CHAIRMAN: On the ground level? MR. YOUNG: On the ground level, yes. THE CHAIRMAN: It is just really the ground level and one rack above that, and nothing above that? MR. YOUNG: No. You can't do it. It requires about eight foot above. THE CHAIRMAN: Is there a launching 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 27 ramp. It has been there since we owned the property, and I assume it has been there since Mr. Klein owned the property. We use it for our own use only. THE CHAIRMAN: You do haul boats out now to work on? MR. YOUNG: Yes. THE CHAIRMAN: What do you use, a forklift? MR. YOUNG: A trailer. We have a forklift on the premises that we use to move boats, remove motors from boats, remove boats from the trailer to work on the bottom of the boat, or whatever. THE CHAIRMAN: My concern was how are you going to get those boats onto that top rack? MR. YOUNG: We have a forklift that we own. THE CHAIRMAN: So it is capable of lifting the boat up seven or eight feet and pulling it onto the rack? MR YOUNG: Yes. THE CHAIRMAN: What will you be doing 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 with the boats tied up at the dock winter? MR. YOUNG: We store all of the storage boats. We lease a piece of in Aquebogue, where we store all of 28 for the property our winter storageboats. When we initially bought the property two years ago, we saw Marquettes (phonetic) had a very congested situation in the winter. There was no room to park. Customers had no access to the place. We made a decision to utilize a piece of property in Aquebogue. Every boat we store, except for the boats that are being worked on and the boats that are being sold by us, either by brokerage or the boats that we own, we keep that all -- we keep on that property in Mattituck. We lease a piece in Aquebogue in order to store all the boats -- th~ customers that are in the water or that come in that we service, we take everything to Aquebogue. THE CHAIRMAN: I think that is all I have. MR. YOUNG: Thank you. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 29 MR. GOLDMAN: I am a little surprised Mr. Cuddy would take such exception to the North Fork Environmental Council's comments on this application. Mr. Cuddy well knows we comment on applications in both Riverhead and Southold. Just for the record, so it is clear, I do represent the North Fork Environmental Council. I am duly authorized to do so, and the Board may with our Board of Trustees. to speak in behalf of NFEC. inquire of that I am authorized I think the point we want to make more clearly to the Board is that this application has to be considered a Type ! application under SEQRA. It is a critical environmental area, so designated by Suffolk County, 500 feet from the mean high water mark of the Peconic Bay and its tributaries of which James Creek is a tributary. There is a presumption of significance to this action and that would indicate the need for an Environmental Impact Statement. That is the important point that we want to bring out to the Board. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 3O The rest of my statement was a presentation to the Board of what we believe to be the case and our opinion. We also, again, re-emphasize we are pointing out to the Board it has an application under the SEQRA to assume lead agency status and we are requesting that you do so. Apparently when this application was made to the Trustees, they did assume lead agency status and requested a short Environmental Assessment Form and that SEQRA. form. They should have The ball is is contrary to requested a long now in your court. You have the responsibility and the opportunity to become lead agency here and we would urge you do to so. THE CHAIRMAN: Thank you. MS. EVETTE MELLENDER: What I want to ask -- is there a procedure in the Town if someone asks for a variance that the neighbors are to be notified within a certain area? Because we were never notified of this, except for the North Fork 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 31 Environmental Council. I remember many years ago they wanted to build a pathway through that was going to come by our house off of the Main Road and we were notified. They said that's when you are "X" amount of feet from a home that is asking for a variance or a business that is asking for a variance. What I am asking is should the people on Bay Avenue that are a certain amount of feet from this have been notified? THE CHAIRMAN: It is adjoining property owners, ma'am, and we have a list of them. MS. MELLENDER: It is only adjoining properties? THE CHAIRMAN: Yes. I have the addresses here. MS. MELLENDER: Could you clarify that for us, at any future point? THE CHAIRMAN: We have a list of adjacent property owners, and then receipts of certified mail for eight neighbors. If you would like, I could name them. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 32 MS. MELLENDER: It is only property that touches on that property? THE CHAIRMAN: MS. MELLENDER: certified letter on THE CHAIRMAN: should have stated it this hearing. There were legal placed in the papers. Is there anything else? Yes. They were sent a this? Yes, and I probably at the beginning of notices If someone would like to make comments, step up to the mike and we can get your name. MR. RICHARD LUHRS: I had sent Mr. Goehringer a letter, and I hope that you received it. I wanted to know that you have it on file, about my concern and many of my concerns are the same as the North Fork Environmental Council. But going back to this point about not notifying different neighbors, when was that notification sent? Very recently? MR. CUDDY: made. When the application was THE CHAIRMAN: May 4th. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 33 MS. KOWALSKI: It's required to be sent a week before it is filed. MR. LUHRS: It doesn't include, other than the neighbors who are adjacent to the property line. MS. KOWALSKI: It is not required to. MR. LUHRS: That's fine. Thank you. THE CHAIRMAN: Are any of those people here? MS. PATROWSKI (Phonetic): ! did receive a letter. THE CHAIRMAN: Anybody else that would like to speak? MR. EDWARD BURKE: I live on Bay Avenue, and the rear of my property is on James Creek. I am just wondering why they are going through all this if they don't want to expand the marina. I can remember back about 14 years ago, when Dave Strong was standing here and he wanted to expand his marina. The people here were against it. He said that he had a mini-marina. What that meant no one seemed to know, but the people up where you are 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 34 sitting said it means 100 boats maximum in the water, on the land stored, and that is the way it was left. They gave him an okay. No new buildings. Go down and look at Dave Strong's now. Maybe 400 boats. The rack that was only going to be this high (indicating), now is about five stories. Now I have to look at it. I don't know what they are going to do, but I can tell you what happened before. It certainly wasn't nice. If they do that down the end, of course it's all money. Everything is money. You people up there are to protect us, not them. And if we have rules and you people make variances for everything I don't think it is fair to the taxpayers and the people that live along the creek. THE CHAIRMAN: Thank you. Anybody else? Hearing nothing further, motion to recess the hearing. MR. DOYEN: THE CHAIRMAN: make a Second. Until the next 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 regularly scheduled meeting. to recess this hearing until scheduled hearing, which is to be the end of October. MR. CUDDY: the recess? THE CHAIRMAN: 35 We are going our next probably going Can I ask the purpose of Well, I would like to investigate the North Fork Environmental Council's letter a little further. I would like to sit down and read that letter. MR. CUDDY: Does the North Fork Environmental Council have a copy to supply the applicant with? THE CHAIRMAN: Yes. We have this. Also, your comments about standing has, in my mind, particular meaning. I would like to investigate that a little further with the Town Attorney. I would like to give you an opportunity next time to further bolster your case. (Court Reporter requested Mr. Cuddy repeat a portion of the testimony.) MR. CUDDY: My objection to the North Fork Environmental Council was: 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 36 a) although he recites this, I have never seen a resolution. I have never seen anything from the Council itself that indicated that the Council had determined they were taking a stand. I don't know where Mr. Goldman gets his information from, but he apparently hands in writings and makes comments on behalf of them. My first objection was that I don't believe that it is sufficient for him simply to stand and announce that an organization is something that he is representing at this point. I would like a letter -- more than that. Secondly -- (interruption) MEMBER OF THE AUDIENCE: I am a director, and I can tell you he's honest. MR. CUDDY: You weren't asked that, number one. Number two, I am asking for more than a director to sit here. I am saying I would like to see something in writing saying that he has done this. You can bring all of the Board of Directors down here the next time. I guess that will prove 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 37 it. If they have it in writing I would like to see it. I think this applicant has the right to ask that Board has a They application Town. don't question. I think the right to ask that question. oppose unanimously every that I have ever made in this They are there. They oppose it. The other thing I am saying is I think that they have standing to oppose an area variance. That's very different than coming in and saying, "We want you to do something," in front of the Town Board, legislatively. It is very different than coming before the Planning Board. They're saying that here they have some reason to take issue. Some of the neighbors, I understand their standing. I don't object to that at all. The North Fork Environmental Council, I take serious issue with standings they have to object to the area variance. THE CHAIRMAN: Thank you. MR. GOODMAN: If Mr. Cuddy is going to make a request to the Board to 9 10 12 ~3 '14 ~5 '16 17 18 19 20 23 22 23 24 25 1 2 3 4 5 6 7 8 38 investigate the standing of the North Fork Environmental Council to appear at public hearings, I think it might be incumbent upon him to at least cite to the Board initially some law or some facts in law, some precedent in law, where an organization can't come through its representative and speak at a public hearing. This is something absolutely new to me. I have never heard of anything like this in my five years in doing this, between the Riverhead Board, the Southold Board, the Suffolk County Legislature where an organization was challenged as to whether they could come before a public body or a public hearing. I Cuddy will have to submit think Mr. something. I would request that if the Board is going to follow through on Mr. Cuddy's request, they request Mr. Cuddy to produce something that to me. MR. CUDDY: Goodman's says we can't. This is new I don't challenge Mr. right to freedom of speech. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 MS, JEANNE MARRINER: I am also a member of the North Fork Environmental Council, meetings I Goodman or and when I am not able to attend am very pleased to have Mr. another NFEC representative representing my views. We enjoy NFEC because we all have similar views and I think that certainly gives them standing. 39 would like for that particular thing to be cleared up before I close the hearing. I would not like to have something that could not be commented on. I would not want to have my thoughts not be commented on. So I over, and I the Town Attorney the standing of the organization. It has been raised before, other applications before us. would like to read the letter would like to investigate with He is representing one thousand plus members. THE CHAIRMAN: When the question standing comes up, I don't question your standing. But I would like to, at least, if someone raises the question about that, 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 40 MR. YOUNG: If there is anybody with any kind of environmental concern it would be myself as a marina owner. Without an environment we wouldn't have a business. Without boating, without fishing, we'd have nothing. I am very environmentally concerned. The last thing I want to do is create havoc on the environment. It is my livelihood. So if there is any environmental question or if there is any problem with any environmental impact in this project we are trying to do, please let me know so that I can correct it. The only thing we really want is to be able to work indoors in February and stay warm. We have absolutely nothing other than that, but to work in a tin ramshackle building that is big enough to get half a boat in. In order to make our mortgage payments we have to have a shop we can produce work out of so that we can pay utility bills, hire our help, and have a viable business in the Town of Southold. That's it. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 THE CHAIRMAN: At the risk of any further, I understand the reason building. The rack I have a lot of questions about. Do you have parking spaces there now? time. 41 going for the MR. YOUNG: It varies from time to What happens is Monday there is a flow of boats into the place that are broken down and they need repair. By Friday and Saturday, it's out. We have an agreement with the bank, where we can park customer vehicles in the bank. The customers are marina customers. They know about it. That's why there are cars parked in the hank parking lot on the weekends. The bank agrees with us on that. They know about it. It is fine. Right now what we would like to do is make it so that we can park our cars, our customer cars next to their hoar slips. We are trying to clear that bulkheaded area. We want to landscape have parking for our only it, plant flowers and customers. There are 25 slippings there. 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 THE CHAIRMAN: I understand. not increasing that. MR. YOUNG: All we want 42 You are is a workable building, where we can go inside in the winter and a little bit more room in the yard so we can maneuver what we are doing there. We've got a good lot situation on a Monday morning from the broken-down boats. They flood the yard and we need a place to put them. This rack system will clear more room so that we can put the boats on the back tine of the property, and leave that bulkheaded area along the water clear so that the customers can park their cars in there; pull in the driveway, turn around. Right now, the only access is you have to back in with the boats and trailer and it makes it very difficult. A customer will pull in there to have his boat worked on, and he will block Bay Avenue because he has to back it in. Not a lot of customers know that. They pull it straight and they have to back out in the road. THE CHAIRMAN: How many boats do you 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 43 suppose this rack will hold? MR. YOUNG: Twenty boats. THE CHAIRMAN: Twenty boats; top, 10 on bottom? MR. YOUNG: room for 10 more. THE CHAIRMAN: MR. YOUNG: You will have room. boats in the yard now. situation. If you have 10 on Right. It will clear Ten additional? Ten additional boats. There is only about 20 It is a gridlock 10 on the top rack, you'll have the other 10 against the fence. You can maneuver. You have room. THE CHAIRMAN: Thank you very much. Is there anybody MS. KOOP: this. I thought spaces else? I may seem very stupid on the question was: How many do you have for parking now? I don't think you just answered that. You said that there was an agreement with the bank, which I am sure there was. Do you have parking spaces back there now? MR. YOUNG: Not really, no. MS. KOOP: If you have spaces for 25 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 boats and you are only accomplishing 10 boats on top, which makes it a saving of boat spaces in the yard, right? MR. YOUNG: Right. MS. KOOP: -- on the ground. In my 44 10 mind it would seem you only have room for 10 cars. MR. YOUNG: It's the configuration of the boats and trailers. It is much than a car. MS. KOOP: Thank you. THE CHAIRMAN: We are going longer to recess this hearing until the next regularly scheduled meeting, which will be some time All in favor? at the end of October. .Do I have a motion? MR. DOYEN: Second. THE CHAIRMAN: Okay. MR. DOYEN: Aye. MR. GRIGONIS: Aye. (Time noted: 10:30 p.m.) 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 44A CERTIFICATION I, GAIL ROSCHEN, do hereby certify that am an Official Court Reporter and that the foregoing constitutes a true and correct excerpt from the Southold Town Zoning Board of Appeals hearing of September 26, 1990, according to my stenographic notes. _,r'~'~? f - ' .'~ GAIL ROSCHEN Official Court Reporter NORTH FORK £N¥1RONkI£NTAL COUHCIL Route 25 at Love Lane, PO Box 799, Mattltuck, NY 11952 516-298-8880 COMMENTS TO THE SOUTHOLD BOARD OF APPEALS CONCERNING APPEAL 9 3933 OF VILLAGE MARINE SUBMITTED BY THE NORTH FORK ENVIRONMENTAL COUNCIL, SEPTEMBER 26, 1990 INC. The North Fork Environmental Council is opposed to the granting of bulk and setback variances to Village Marine. The applicant has failed to show why the strict application of the zoning code would cause hardship necessitating variances. The applicant has operated the marina for a number of years. What is the hardship? We respectfully remind the board that the inability of a business to increase profits is not grounds for claiming hardship. The subject property is a pre-existing, non-conforming site according to the M-I zone adopted 1-10-89. The site is .55 acres. M-I requires at least 40,000 square feet. The granting of further bulk reductions by the variance would be completely contrary to the intentions of the Master Plan. Granting bulk and set-back variances here would be making a bad situation even worse. We respectfully remind the Board that the M-I zone figures prominently in pending litigation between NFEC and other parties and the Town. NFEC has proposed revisions to the M-I zone in the course of the litigation. Relevant to this appeal is requirement C.(1) (f) and (g) of said revisions which state: (f) For each one square foot of surface water occupied by the marina there shall be 1.25 square feet of upland area available (exclusive of area covered by setbacks and required landscape areas). To the extent upland area is unavailable to maintain the 1 to 1.25 ratio described herein, the ability to use surface waters shall be limited specifically in the special exception permit. (g) The permitted number of boats at such marina will be limited to one boat per 1250 square feet of upland area (exclusive of areas covered by buildings, required front, side and rear yard setbacks, and required landscape areas). The special exception permit shall state specifically the approved boat capacity for the marina approved. a non-profit organization for the preservation of land, sea, air and quality of life printed on 100% recycled paper NFEC is fully confident that we will win the suit and that the proposed M-I zone will be adopted. In which case, if this appeal is maintained, it will have to be reviewed by the Board utilizing new criteria, partially cited above. James Creek is included in the Peconic Bay Critical Environmental Area designated by Suffolk County. The action proposed by the applicant is therefore a Type I under SEQRA with a presumption of significant impact requiring an environmental impact statement. A long-form Environmental Assesment Form is required to be filled out by the applicant and the lead agency. NFEC believes that a significant increase in boat traffic, water pollution, noise, automobile traffic, and wild-life habitiat degradation would occur as a result of the proposed action. The Board should initiate a coordinated review of this appeal/application with all concerned agencies. The Board should request lead-agency status, issue a positive declaration, and require that an environmental impact statement be prepared. TELECOPIER COVER SMEET Total uumber o£ pages ~--J including cover sheet. If transmission is faulty o~ incomplete, please info~ possible Phone - 516 - 369-8200 Fax - 516 - 369-9080 May 3, 1990 Board of Appeals Town of Southold 53095 Main Road $outhold, NY 11971 Re: Variance Application for Village Marine CTM#1000-123-3-15.1 Dear Sir or Madam: We have been in contact with the firm completing the Site Plan for Villags Marine. It is our understanding that based on the area constraints of the subject parcel, that the parking area will not be in accordance with the Town Code. We, therefore~ request that the application of Village Marine for area variances, submitted to you on March 22, 1990, be amended to include a variance for parking (and/or landscaping for parking areas) under the present code regulations, Article XIX. The sits plan maps as recently amended and prepared by Glueckert and Wisher Architects (pursuant to the Planning Board Chairman's letter dated November 14, 1989) will be submitted under separake cover shortly. Thank you. Very truly yours, Charles R. lk - Fax Mail ^PPEAL BOARD MEMBER Robert W. Gillispi¢, Jr., Chairman Robert Ber$¢n Charles Grigonis~ Jr. S~rge Doyen, Jr. 5rlUTHCILD, L. I., N. Y. 119~71 Tclcphonc 765-2660 ~OUTHOLD TOWN BOARD OF APPEAL5 February 15, 1973 A regular meeting of the Southold Town Board of Appeals was held at 7:30 P.M., Thursday, February 15, 1973, at the Town Office, Main Road, Southold, New York. There were present: Messrs: Robert W. Glllisple, Chairman; Robert Bergen; Charles Grlgonis, Jr.; Fred Hulse, Jr. Also present: Mr. Howard Terry, Building Inspector. Absent: Mr. Serge Doyen, Jr. PUBLIC HEARING: Appeal No. 1712 - 7:3.0 P.M. (E.D.S.T.), upon application of Village Marine of Mattituck, Inc., Bay' Avenue, Mattituck, New York, for a special exception in accordance with the Zoning Ordinance Article VI, Section 600 C-3 (c) and Article XI, Section llO0 for permission to erect an additional sign (third sign). Location of property: east side Pay Avenue, Mattituck, bounded north by L. Hoder et al; east by Private Road; south by James Creek; west by Bay Avenue. Fee paid $15.00. The Chairman opened the hearing by reading the application for a special .exception, legal notice of hearing, affidavit attesting to its publlDation in the official newspapers, and notice to the applicant. THE CHAIR~N: Is there anyone present who wishes to speak for this application? Southold Town Board of Appeals - 2 - February 15, 1973 GARY F. OLSEN, ESQ.: I am here as Counsel for William J. Clark who is the attorney for Village Marine of Mattituck, Inc., as he can not be here tonight. Mr. Richard J. Scotti is present. There is an existing wooden sign, 16 feet wide by 4 feet high, on the west side. Mr. $cottl plans to put on the front of his building lettering saying "Village Marine", and he is going to be an outboard and boat dealer in this area. Essentially, he would advertise to the public that he is authorized to act as a Chrysler dealer. A~parently Chrysler provides signs for dealers in only one size, ~6 feet by 6 feet. It is an illuminated sign. It was M~. Scottf's intention to mount the sign on the roof, the north side of the'roof. Directly to the north is a Crown Gas Station. In discussing this with Mr. Scotti he said he did not want to put an illuminated sign on Bay Avenue. He thought the neighbors might not like it there and that's the reason he felt that for the development of the property and taking into considera- tion the feelings of the neighbors it would be better to moun~ it on the roof and face out to Main Road where it would not bother anybody. I would llke to urge the Board's consideration as it is necessary for the development of his business. THE CHAIRMAN: The name of the owner is given as Collum Signs, Inc, MR. RICHARD J. SCOTTI: They are the people who will put up the sign for me. THE CHAIRMAN: Is the name of the owner Stanley and Helen Staten? MR. OLSEN: Yes. Mr. Scotti is a tenant of the premises. MR. ROBERT BERGEN: Is this illuminated sign double-faced? MR. SCOTTt: Yes. I have a picture of it here. MR. ~ERGEN: Would it not be better to put it on a pole on the roof? MR. SCOTTI: I have a 3 foot space on the side of the building and I think the eave comes over. I think this works out better. MR. OLSEN: He has on the north side only a 3 foot strip. MR. SCOTTI: The fence would block the sign. MR. OLSEN: Mr. Scotti has suggested the possibility of eliminating the wooden sign on Bay Avenue. ~outhold Town Board of Appeals - 3 - February 15, 1973 THE CHAIRMAN: You are permitted a wall sign and a standing s lgn. MR. OLSEN: Mr. $cotti felt that he is on friendly terms with the neighbors and wants to stay that way, and he felt it would be less objectionable to put it on the north side of the roof rather than on the Bay Avenue side. MR. SCOTTI: The total length of the building is 66.4 feet. MR. OLSEN: This sign would extend approximately lb feet above the west building, the largest building. There is also a metal building that has a higher roof line. They look as ~hough they are attached in one building. Since this is the only sign that Chrysler provides Mr. Scottl has to work with that. The Chairman read from the Ordinance concerning signs in B-1 zone. THE C~IRMAN: Theoretically this should not exceed the ridge~ line. MR. OLSEN: It would exceed about 1~ feet on the west building but there is another building and it looks llke they are attached so it would not exceed the roof line of the east line of the building. THE CHAIRMAN: Is there anyone present who wishes to speak against this application? (Mr. Pete Warren asked to see the drawing.) MR. OLSEN: We would not exceed the requirements. It would be less than has been there over the years. THE CHAIRMAN: What has your conversation been with your neighbors? MR. SCOTTI: I have not spoken to them about this but I am on friendly terms with those in the area. THE CHAIRMAN: We have had a lot of support from the com~,nity on what we have done with signs. In return for placing this on the roof you would be giving up a sign iu the front of your building which~itseems to me, would be better for you. MR. 6COTTI: across the way. bother him. I would not want to bother the fellow right It would hit him directly. I think it would $outhold Town Board of Appeals - ~ - February 15, 1973 THE CHAIRMAE: You would have this perpendicular to the road? F~. SCOTTI: It would face the Main Road. TH~ CHAIRMAN: If it were in place of where the other stand-up sign is, would it bother him? MR. SCOTTI: There is a ramp driveway and a driveway into the back. This would be a problem there. I won't leave it on all night, it will be turned off one way or another. MR. PETE WARREN: How high is it off the ground? MR. SCOTTI: I would say it's 16 or 17 feet off the ground. MR. OLSEN: The size of the sign is 8 feet high by 6 feet wide. THE CHAIRMAN: Will this pole go through the roof? MR. SCOTTI: They say it can be mounted on the roof. THE CHAIRF~N: I still say you would be better off having it on the ground. There is nothing that says you have to put it out on the road. It could be put near the corner of the building. MRj 0LSEN: Mr. Scotti knows that he is entitled to have one ground sign and one on the building but he wanted to mount this sign on the building in order to shield it from the neighborhood. That's the sole reason, not that he thinks the advertising will be any better on the roof. On Bay Avenue he might get better visibility. MR. SCOTTI: I did not know that it would go over the roof. THE CHAIRMAN: It looks as if it would go 3 feet over the rOOf. MR. PETE WARREN: I feel it should be on the ground. With the wind in that area it can be dangerous to have it on the top of the building. .MR. SCOTTI: When the lights are on it definitely would bother at least one neighbor, he has a ranch house. F~. BERGEN: If you had it at the same angle that the sign is now that would not reflect across the street. It wonlt throw light ou~ that much. Southold Town Board of Appeals - 5 - February 15, 1973 THE CHAIRMAN: I don't believe it would disturb any neighbor. In any case you have to use business property for business use and in this case you would not be doing anything illegal. A ground sign would make for easier maintenance. MR. SCOTTI: side? MR. OLSEN: the building. THE CHAIR~N: If I put it in the ground could I use the north He is talking about a pole on the north side of It should be 5 feet from the line. MR. SCOTTI: It would not overhang. MR. 0LSEN: The entire sign would be would face parallel to the building line. better than putting it on the roof. on his property and I think it might be THE CHAIP~MAN: If he decided he wanted to put it on the Bay Avenue side he would not need a special exception. ~. 0LS~N: If he decided he wanted to put it on the north side of the building mounted on a pole so that one side would face the roof, and he would'lose one advertising sign, and the other side would face Main Road, would you grant a variance for less than 5 feet provided it hangs over his own property? THE CHAIRMAN: Yes. After investigation and inspection the Board finds that applicant requests permission to erect an additional sign on property located on the east side of Bay Avenue, Mattituck, New York. The Board finds that applicant's reasoning for not wanting to put an illuminated Chrysler sign on the Bay Avenue side of the property is that it might be a disturbance to neighbors and he, therefore requested that he mount the sign on the roof facing out to Main Road. Applicant is aware that he is allowed one ground sign and cue on the building. The findings of the Board are that if applicant wanted to locate, this sign on the Bay Avenue side he would not need a special exception; that the sign, if mounted on the roof, would exceed the ridge line; and recommended that applicant locate the sign on a pole in the ground provided it hangs over his own property. The Board finds that the public convenience and welfare and Justice will be served and the legally established or permitted use of neighborhood property and adjoining use districts will not be permanently or substantially injured and the spirit of the Ordinance will be observed. Southold Town Board of Appeals - 6 - February 15, 1973 On motion by ~. Gilllspie, seconded by Mr. Bergen, it ~as RESOLVED Village Marine of Mattituck, Inc., Bay Avenue, Mattltuck, New York, be GRANTED permission to erect an 8~ x 6' illuminated ground sign on the north side of applicant's building, subject to the following conditions: That there shall be at that the sign shall be ground. least a four (4) foot clearance and sixteen (16) feet in height above the That no portion of the sign shall overhang neighbor's line. That the post shall be at least two (2) feet from the property line. Vote of the Board: Ayes:- Messrs: Gilltspie, Bergen, Grigonis, Hulse. PUBLIC HEARING: Appeal No. 1715 P.M. (E.S.T.),  pon application of The Great Atlantic Tea Co., 650 t Avenue, Garden City, New Y. ork, ~r a.special exception dance with the Z. oning 0rd~nan~ , Article VI, Section for permission to erect 4~ ~ 3ize ground sign. operty: nort. h side of a r Road, Eatt.ltuck, bounded ny Cemetery, east t ~ ~y Cemetery, south by Main Road; wes%.by Ardprop, Inc. Factory Avenue. Fee paid $15. oo. The Chairman o for a special exce~ attesting to its publica. notice to the applicant. the g by reading the application notice of hearing, affidavit in the official newspapers, and THE C2~IRMAN: Is for this application? a~ ~resent who wishes to speak ~. SALVATORE Re I am the ~r County Neon Sign Co. ~. JOHN J. LE~GI0: I am the agent for A~&~ 650 Stewart Ave. THE CHAIRI~: What is your reasoning for a reques~c~,for an oversize sign? / '~. ~. LEGGZO: They have been Putting large signs up throughout the country.. However, when we are not permitted we usually some down to a smaller size. ~m~hold Tram Bo~d o£ Appealo -3- t4a~ 26. 1960 accordance .~th the Zoning O~dlnance. A.~lcle The Chairman opened the hea~lng by zeedLn9 application £or a %~ publlcat%cm In the o££1clB1 newslmpero The letter of l~nntsmloa the l~oPerty mme~ ~ al~o read. THE ~t TBR CHAZP~Mf: /8 the~8 anyone p~eaen~ ~ho wlshee to spea~ mgaln~t th/o application? (The~e was no ~esponne. ) hour, of Property': South Side sion to constm~ new dw~H~l~ w=>~ARTHUR O. CAR~ON. ~M~~ ;' 7:55 p.m. AppI. No. 3976~ ~ct: Agfi~tu~-C~se~ation ~gMar M~g, at ~ S~d NY 11971, ~ THURSDAY, ~ 167, Secti~ ~r~, Map 61~; . · ~d ~6~ f~t west of ~v~'s ~e Main Road, Mattituck, NY; -'~e West Side of R~ydon ~ve, -?~'=? Southold. NY; C~nty Tax ~ap 7:40 p.m, Appl. No. 3080 ~ 8:1S p.m. AppL No. 3979 VIRGII~A OLGA LEE. Variance to the Zoning Ordinance, Article XXIV, Section 100-244B for ap- proval of de~ addition to dwelling with an insufficient sideyard set~ back and reduced front yard set- back. Lo~ ~ is nmtc~omtin~ in Properly: 14~$ CE~ B~.~c~ Road East. Southold, NY; County Ttx Map Ps,el No. 1000-~2-1-4. 7:45 p.m. Appl. No. 3978 -- DONALD & DOROTHY SWAHN. Variances to the Z~in8.0r~ance, Articl~ ITl, Se~iou 100-32 and Ar- ticle XXIII, Section 100-239 for q~ of insufficient hs a~a and Section 100-33'for approval of leca- tion of two accesser,/(storage) · buildings in the front yard, ~s exisc Thc lot area of this parcel is non- . tfict- l-ocufieu of ~,,~t,GrtY: 18 CreJ- ~- TaxMap Parcel No. 1000-121-4.23. . -8::15 p.m. Appl. No. $968 -- ~ R. M~TJ.PR. Vsri~nce te the Zoning Ordinsncc. Article .." i missiou to l'--"e Im~po~ed d~.llin8 wid~ (fr~ugc) of two pr~s~ ¥ 1~ f~ f~ ~ ~ ~ b ~ parcels, each wi~ an existing ~' ~t (t~ of bl~ ~ ~is 4~930 d~L ~ ~ ~ ~i~ ~ ~ ~ ~1. ~c ~ h qu~6~ the subject hearing. Each hearini will not nan bef~ the thne ~not- ted. Additional time fc~ your pre- sematlou will be available, if need-/ ed. For more information, please call 765-1809. ~. Doted: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD E GOEHRINGER OtAIRMAN By Lind~ Kowabki STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Christina Volinski said County, being duly sworn, say: Clerk of THE SUFFOLK TIMES, published at Mattituck, in the Towm Suffolk and State of New York, and the annexed Is a pflnted copy, has b( said Newspaper once each we successively, commencing on ti October ~ 90 Swom to before me thIs ~ ~ ~ day o~ ~~t~ 10 ~;~p.~ N~'OTIcE OF HEARIi~GS NOTICE IS HEREBy GIV- EN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at a Regular Meeting, at the Southold Town Hall, Main Road, Southold, NY 11971, on THURSDAY, NOVEMBER 1, 1990, at the following times: ?:30 p.m. Appl. No. 3969- ANDREW BURKARD. Variance to the Zoning Or- dirlance, Article III, Section 100-32 for permission to con- struct two-foot extension of garage attached to dwelling with an insufficient front yard set- ~back. Zone District: R-40. Loea- tion of Property: 370 Uhl Lane, Orient, NY; GHent-By-The-Sea Subdivisoin Lot No. 167, Sec-. tion Three, Map 6160; 1000-157 1 5-24.13. [ ?:35 p.m. Appl. No 3974- DONALD L., OSANI (for GEORGE BRUDERMANN SR., Owner). Variance to the Zoning Ordinance, Article IIIA, Section 100-30a.3 for approval of re-separation into two separate parcels as shown by separate deed conveyances, each lot having insufficient area and ,proposed construction to meet · setback requirements for this R40 Zone District. Location of Property:. North side of Eayview Road and the West side of Reydon Drive, Southold, NY; County Tax Map Parcel Nos. · 1000-79-5-10 and 11. 7:40 p.m. Appl. No. 3980- VIRGINIA OLGA LEE. Vasian~ll~,~to the Zoning Or- dinand~'~icle XXIV, Section · I00-244~ for approval of dec~ addition to dwelling with an inT sufficent sideyard setback and reduced front yard setback. Lot area is nonconforming in this R-40 Zone District. Location of Property: 1455 Cedar Beach Road East,. Southold, NY; County Tax Map Parcel No. 1000-92-14. 7:45 p.m. Appl. No. 3978- DONALD & DOROTHY SWAHN. Variances to the ZOn- ing Ordinance, Article ili, Sec- tion 100-32 and Article XXIII, Section 100-239 for approval of insufficient lot area' and width (frontage) of two proposed parcels, each with an existing dwelling, in this pending divi- sion of land. Zone District: .i R40. Location of Property: South side of Park Avenue, Mattituck, NY; County Tax Map Parcel No. 1000.123-8-8. 7:50 p.m. Appl. No. 3971~ VALERIE M. KRAMER~ Variance to the zoning Or- dinance, Article XXIII, Section 239.4B and Article XXVIII, Section 281, for permission to construct new dwelling structure with an insufficient setback from existing bulkhead and from the easterly (front) proper- ty line along Manhanset Avenue. Lot area of parcel is nonconfor- ming in this R-40 Zone District. Location of Property: 730 Robinson Road and 980 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-20. 7:55 p.m. Appl. No. 3976- THOMAS AND MARIAN SANTACROCE. Special Excep- tion to the Zoning Ordinance, Article 111, Section 100-31(9)(E) for p~rmission to construes off- premises ground sign to adver- tise for business purposes. Loca- tion of Property for Southeast corner of Shipyard Lane and the Main Road, East Marion, NY; County Tax Map Parcel No. 1000-38-1-1.2 8:00 p.m. Appl. No. 3972- PETROL STATION LTD. Variance to the Zoning Or- dinance, Article Vll, Section 100-72 for approval of propos- ed Lot No. 4 which will have in- sufficient area in this Residential-Office (RO) ZOne District. Location of Property: North side of the Main Road (265+ feet west of Alvah's Lane), Cutchogue, NY; County Tax Map Parcel No. 1000.109- .... 1-23. .. 8:05 p.m. Appl. N.,~s~3977- BETTY J. COPIN. 'v~ce to the zoning Ordinancl,m!~xficle I11, Section 100.33B(4) for per- mission to locate accessory (garage) building partly in th~e~ side yard and rear yard with ~ setback at less than the required 20 feet from the southerly pro- perty line. The lot area of this parcel is nonconforming at 40,000 sq. ft. in this R-80 Zone District. Location of Property: 2195 Albertson Lane, Ar- shamomaque, Oreenport, NY; County Tax Map Parcel No. 1000.52-5-54. 8:15 p.m. Appl. No. 3979- THOMAS J. GORMAN. Var- iances to the zoning Ordinance, Article Ill, Section 100-33 for approval of location of two ac- cessory (storage) buildings in the front yard, as exist. The lot area of this parcel is nonconforming in this R-80 Zone District. Loca- tion of Property: 18 Crescent Drive, Mattituck, NY; County Tax Map Parcel No. 1000-121-4-23. 8:25 p.m. Appl. No. 3968.-~ IRENE R. MILLER. Variandd to the Zoning Ordinance. Arti- cle IIIA, Section 100-30A.3, and Article XXIII, Section 100. 239.4A for permission to locate proposed dwelling structure with a setback of less than 100 feet from the top of the highest point (top of bluff) on this 42,930 sq. ft. parcel. The parcel in question is nonconforming as to lot width (frontage) of less than the required 1.50 feet in this R-40 Zone District. Location of Property: Lake View Avenue (127+ feet southwest of Hun- tington Boulevard, a private road), Southold, NY; County Tax Map Parcel No. 1000-68- 3-10. 8:35 p.m. AppL No. 397~- ARTHUR G. CARLSON. In- terpretation and Variance to the Zoning Ordinance, Article Ill, Section 100-30 (as disapproved~ by the Building Inspector) for' approval of marlculture uses to include delivery an~i storing of seafood, packaging, free~ng and/or preparation of raw or cooked seafood (processing) for shipping and/or saies for off- premises consumption. Zone District: Agricultural- Conservation (AC). Location of Property: 1575 Lower Road, Southold, NY; County Tax Map Parcel No. 1000-69-5-13.2. 8:45 p.m. Appl. No. 3788- SUN REFINING & MARKET-~ ING. Variance to the Zoning Or~ dinance, Article X, Section 100-102: (1) for permission to establish convenience store use in conjunction with and ac- cessory to the existing gasoline station use on this substandard parcel which contains less than 30,000 sq. tL in lot area for each use, and (2) for interpretation as to height limitation of accessory (canopy) structur~ Location of Pwperty.' Corner of the Baster- ly side of Factory Avenue and Northerly side of the Main Road, Mattituck, NY; 1000.142-1-27. ' ~ MatterS Recessed from Se~.t~omber 26, 1990: p.m. Appl., No. 3955~ DOMINICK SBLENDIDO & VILLAGE ~ of Appeals will ~.t~ seid time and place hear any aaa nil persons or representatives desiring to be heard in each of "the abo~ nmte~ Written com- mente maY'-Itiso be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the time allotted. Additional time for your presentation will be available, if needed. For more information, please .call 765-1809. Dated: October 17, 1990. BY ORDER OF THE SOUTHOLD TOWN BOARD . '.~ ~': ~ OF APPEALS GERARD P. GOEHRINGER ., .?~=~!: .~: .CHAIRMAN .. ~ .i ' By: Linda Kowalski :??? '~.~ ', IX-10/25/90(2) COUNTY OF SUFFOLK ss: STATE OF NEW YORK Patricia Wood, being duly sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watchman once each week for ..................... / .... weeks successively, commencing on the ............ dayof ..... ~ ...... 19 .~.~... Sworn to before me th~s ..................... day of ......... ..... Notary Public P,~,q-~'~ A. S~NEIDER Qualif~d in Su~k ~ . APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published recently in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free to call our office prior to the hearing date if you have questions or wish to update your file. Yours very tru/y, GERARD p. GOEHRINGER CHAIRMAN By Linda Kowalski Notice of Hearings Z.B.A. - November 1, 1990 Copies of Legal Notice also to the following on or about 10/16/90-. Mr. and Mrs. Andrew Burkard, 40 Slocum Ave, Pt. Washington 11050 Mr. and Mrs. Donald L. Osani, 332 Throop St., N. Babylon 11704 Mr. and Mrs. George Brudermann, 10 Winter La, Dix Hills 11746 Mrs. Virginia Olga Lee, P.O. Box 1273, Southold 11971 Mr. & Mrs. Donald Swahn, P.O. Box 283, Mattituck 11952 Mrs. Valerie M. Kramer, P.O. Box 1360,'Southold 11971 Mr. & Mrs. Thomas Santacroce, 75 Shipyard La, East Marion 11939 J. Kevin McLaughlin, Esq., P.O. Box 803, Greenport 11944 Karen Hagen, Esq., P.O. Box 1424, Mattituck 11952 Mr. Curt Meyhoefer, 2195 Albertson Lane, Southold 11971 Mrs. Mrs. Marie D. Cassidy, 2055 Albertson Lane, Southold 11971 Mr. Thomas J. Gorman, P.O. Box 1445, Mattituck 11952 Proper-T Services, P.O. Box 617, Cutchogue 11935 William D. Moore, Esq., P.O. Box 23, Mattituck 11952 Mr. Arthur G. Carlson, P.O. Box 693, Southold 11971 John Wagner, Esq., P.O. Box 279, Riverhead 11901 Philip J. Cardinale, Esq., Drawer W, Jamesport 11947 Marie Ongioni, Esq., P.O. Box 562, Greenport 11944 Charles R. Cuddy, Esq., P.O. Box 1547, Riverhead 11901 Artglll. Section 100-33, as disapproved, for permission to construct an accessory structure (gazebo) in an area other than the requi~d rear yard. Proper- ty location: 495 Bayview Ave- Map No. 1000, Section 052, Block 05, Lot 23. 7:35 p.m. Appl. No. 3962-- HAROLD GORDON. Variance to the Zoning Ordinance, Arti- cle XXIV, Section 100-244 B, as disapproved, for permission to construct an Ideck) addition to existing residence. Proposed construction will have insuffi- cient side yard setback(s), Pro- petty Location: 124 HiCkory Map No. '1000, Section ~Binck 7, Lot 50. PETER BLOOM. the Zoning Ordinance, Article III A, Section 100-30 A.3, as dis- approved, for permission to construct a deck addition to existing dwelling. Proposed con- struction will have insufficient side yard setbacks. Property location: 40 Old Shipyard Lane and ~80 L'Hommedieu, Southold; County Tax Map No. 100(1, Section 64, Block.2, Lot 53. 7:45 p.m. Appl. No. 3964-- KENNETH MINNICK. Special Exception to the Zoning Ordi- 16. 8:00 p.m. Appl. N~x 3960-- THOMAS & ALLISON SAR- GENT. Variance to the Zoning Ordinance, Article Ill A. Sec- tion 100-30 A3, for approval of ..... depth of parcels, each with an existing single-family dwelling, in this pending division or re- separation of meigud properties, _,and for approval of reduced -,. yard setbacks between existing 'structures and property lines; as ~; proposed. 'Proposed construc- ' ~'tion of new lots will have insuf- i~ fi¢ient width, depth and to*al int ~ for this district. Property ~. Location: Private Road of Fox · ax Map No. 1000 Block 06, LOt 07. PETER & CHRIS MESKOU- ~ · RIS. Appeals No. 3951 and 3957-- Variances to the Zoning Ordi-'. nance, Article IliA, Section 100-30 A.3, Article XXIII, Sec- tion 100-239.4 (100-239d), and 'Article III, proposed deck construction which requires a sufficient sideyards, excessive lot coverage, and reduced ~ from the '' concerning addition tb lng one-family dwelling for use as a second dwelling unit. Pro- perty Location: 185 Inlet lane, Grcenport, County 'Pax Map Nc~ 1000, Section 43, Block .004, Appl. HO~ 393~-- yylLLAGE MARINE. Variances to the Zoning Ordinance, Arti- cle XI, Section 100-112, Article XII, Section 100-111C(l),Arricle Section 239.4 to (rear) property .linc nalntaialng the nonconfomfing northerly (side) setback, nnd tO backs from file northerly (side), y property fines, relief, as may be deemed neces. sary concerning parking and/or landscaping under the currant revisions of the site plan regu- lations. Zone District: Marine 1 (M-I). Property location: James i( Creek, east side of Bay Avenue, aMattituci~ NY;.Couaty 'I~ ~.Map District 100~, Section 122, The ! 'from the ordinary highwater .,' ;.., all persons or representatives de-. ~mark of Long Island Sound, ,~ ,~:siting to be heard in each of the 'andforapprovalufthissubstan- "/above matters. Written com- nance. Article III. Section :dard parcel for dwelling use (as ments ma~ also be submitted 100-31 B(14), as disapproved, for exists) (re-separate lots that are ~ nrior to the conclusirm at' th. permission'to establish acces- ~ fme,'~ed~ Pro,~ert,, Location ' so"' a"artment in "ro~"sed ad . L~-~" . ~.-r-: ~... .. .'., suoject heating. Each hearing diUo to emsUng one-family 'tuck Count., Tax Ma- No '-.' · , · ~ · , ~,ted. Additional time for your dwelhng structure. Property ' 1000, Section 106 Block' t' Lbt '"' · · : , , , ~. ' .presentation will be available, if incatlon 3305 Aldrich Lane, iii ian~ r tat '17 ,x~i~'~ . ~ CK SaLF_.NDiDO ........... .50 p.. App. No. 3967 the Zomng Ordinance, Article KIMCAMPBELL Variance to II1 A_ g,.ot,on~ I~O-30A~. ~ae Zoning O.di~nee, ~ O00-~IA) and 100-30 A.3. ~- ' GERARD p. GOEHRINOER Ill, Section 100-33. as disep- cleXXIII. Sectinn 100-230(A). "CHAIRMAN proved, for permission to con- for interpretation regarding se- ~ ~' ' ' By Linda Kowalski struct accessory garage in an e~n~l Ida:ben and for permit " IX, 9/20/90 (35) area other than the required rear yard area. Property Location: East End Road, Fishers Island, NY; County Tax Map No. 1000, Section 004, Block 004, Lot 016. '~!' NUHCE OF HEARINGS ~r~7' ': 7:55 p.m. Appl. No. 3963-- NOTICE IS HEREBY ! . FRANK CURRAN. Variance to GIVEN, pursuant to Section :"' the Zoning Ordinance, Article 267 of the Town Law and the Code of the Town of Southold, the following hearings will be held by the SOUTHOLD IOWN l~Al~OF KPPF_Ai~ at a Regular Meeting, at the 5oufilold Town Hall, Main i ~ 111, Section 100-30 A.4 (100-33) ! and Article XXIII, Section i 1100-239.4 B, as disapp~pved, for ~ ~ission to construct an .: : ~sory tmildh~ in an .~.. : · other than the required rear yard area and with a setback of less Road, Southold, NY 11971 on ~ ' than 75 ft. from the bulkhead. WEDNESDAY, SEpTEMBER. :~ Property Location' 780 Hay- 26, 1990, at the.following times: ~e~cs, ~2ad, IPecomc~ Bay. 7:30 p.m. Appl. No. 3961-- ~' Properties. SubdivisiOn), Cut- VENETIA McKEIGHAN. Var- chogue, County Tax Map No. |ance to the Zon~ne Ordinance- ~0. ~ec~ion HL Block I. Lot Copies of Legal Notice to the following on or about Septem- ber 17, 1990: Mr. and Mrs. Harold Gordon 124 Hickory Avenue Southold, NY 11971 Mr. K.T. Grathwohl, Jr. Willow Pond Lane Mr. and Mrs. Peter Bloom 135 Pacific Street Brooklyn, NY 11201 Mr. and Mrs. Kenneth Minnick 3305 Aldrich Lane P.O. Box 201 Laurel, NY 11948 Mr. Jacobs Albert James V. Righter Architects, Inc. 58 Winter Street Boston, MA 02108 Environment East, Inc. 3075 Indian Neck Lane Peconic, NY 11958 Michael N. Hills, Esq. 206 Roanoke Avenue .Ri~_r~_ad, ~Yl1901 Mr. James Fitzgerald Proper-T Services P.D. Cutchogue, NY 11935 Philip J. Card,hale, Esq. Cardinale & Cardinale P.O. Box W Jamesport, NY 11947 Charles R. Cuddy, Esq. P.O. Box 1547 180 Old Country Road Riverhead, NY 11901 495 Bay View Avenue Southold, NY 11971 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD $co'n' L HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published recently in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached LegalNotice. · l~ase feel free~ocall~uroffi~/~riDr ~D~uh~h~g date if you have questions or wish to update your file. GERARD P. GO,:~_~INGER CHAIPu~AN By Linda Kowalski NWl'ICE OF HEARINGs -- NOTICE IS HEREBY GIVEN, ~arsunnt t~ S~ 267 of ~ T~ will be held by the SOUTHOLD ~ BO~ OF ~p~ ~ a 15, 1~, at HARO~ A~ SARA TAUB~. A~icle ~ A, S~ti~ I00-30A.4 aouthold, County Tax MaP No 1~' S~ ~, BI~ 1,~. 7:35 p.m. App'. No. 3937 ~cfim l~-~g~4 B. 1~, ~ 87, Bilk 3, ~ 57. JCM SAL~ ~ ~AS~G. V~ ~e XX~, Sec~ 239.4, f~ ~r-, N~ R~ G~ C~nty T~ Map No. 1~, S~ti~ ~, Blo~ 01,~ II.L 7;45 p.m. AppL IOYLON S~. Vafl~ce ~ing O~an~, A~i~ S~on 1~-23~.4 A(I). for per- ~nti~: 63~5 ~nty R~d 48, 1~, ~ ~, BI~ 01, ~ 13. PAMELA VALE~NE. Variance ~ R~, 7:55 p.m. Appl. LUCAS FO~. S~ Exc~fion ~ 1~31 C.9 ~, f~ ~. si~ m ~st~ ~ off-~es s~n. .01,~1~ 8:00 p.m. Appl. No. 3943 -- GREG'S SEAFOOD DOCK & bIARKETI~G, INC. Special Excep- cie ~ ~30 A.2 C(I) (1~31C). f~ ~issim to ~n- stmct an off-premises sign. Off- u~ ~ ~is d~cL ~: ~435 Route 48 & 55 Sold ~1~, S~ 35, BI~ 1, 8:05 p.m. Appl. ~o. 3945 B~ · e Z~g O~, A~icle ~ 1~30. f~ ~ssim m ~t d~ss ~is conditi~ in A~ ~stfi~. ~ny ~ti~: 18910 ~p No. I~, ~ ~, BI~ ~, ~t 4.3. ~C~ ~ S~ Ex- ~e ~, ~ 1~-31, f~ ~r- ~c P~ ~m: 43~ S~- Tax Map No. 1~0, Secti~ 137. BI~ 2, ~ 21. MA~IAS AND MAUREEN MONE. Variance to the Zoning O~inance, A~cle ~I, ~fion m. 2830 ~w ~t~, ~t B~. A~ ~d ~g Reg~ims ROBERT GREDICK. Variance t~ · e ~ ~, A~cle S~ti~ 100-30A.4 (100-33), fo~ fi~ w~ ~v~ ~s~t f~ 1~. S~ 118, BI~ J~EPH S~M~. Va~n~ ~g Ord~, AniSe X, Sec- ti~ 1~-1~, f~ ~issi~ to ~d ~g R~mu. p~y, ~s less ~ a~ ~ ~m ~19 Mmf R~. ~u~ ~y T~ 1~, Section 1~, B~k 01, ~t 19.7. 8:35 p.m. AppL No. 3942 ,~a~n. ance to the Zoning Ordinance dw~8, ~Y (0 t~ CONSTANTINE GEORGIPOU. Tax Map No. I000. Section 59, 8:45 p.m. AppL No. 3911 the Zoning Ordinance, A~icle XXIV, Section .241A, (Article mcr addi~ms ~d alte~ons ]s~nd, ~ty T~ Map No. ~:50 p.m. AppL No, 3938 eny Location. 175'B- ~' '~ ~O~D OF APP~ G~ E ~E~GER Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 P.O. BOX 1179 SOUTHOLD, L.I.,~N.Y. 11971 TELEPHONE (516) 765-1809 FAX No. (516) 765-1823 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. JOSEPH Ho SAWICKI JAMES DINIZlO, JR. TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time, date and place of the public hearing concerning your application is a copy of the Legal Notice, as published in the Long Island Traveler-Watchman, Inc. and Suffolk Times, Inc. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the same and in order to prevent a delay in the processing of your application. Your public hearing will not start before the times allotted in the attached Legal Notice. Please feel free tQ call our office prior to the hearing date if you have questions or wish to update your file. Yours very truly, GERA~D p. GOEHR CHAIRMAN dff APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF ~OUTHOLD · Hay s.E.,9.R.A. 15, 1990 TYPE II ACTION DECLARATION SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Teiephone (516) 765-1800 Appeal No. 3938 Project/Applicants: County Tax Map No. Location of Project: Village Marine 1000- 122-3-15.1 175 Bay Ave., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to enlarge marina building and install boat rack (outside) This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law 444-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.~jj, this Department is excluded as an involved agency. This determination shal~ n~t, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc JUDITH To TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southolcl, New York 11971 FAX (516) 765-1823 TELEPHONE (516) 765-1801 TO: FROM: RE: DATE: SOUTHOLD TOWN ZONING BOARD OF APPEALS JUDITH T. TERRY, SOUTHOLD TOWN CLERK ZONING APPEAL NO. 3938, VILLAGE MARINE APRIL 5, 1990 Transmitted is application for variance submitted by Charles R. Cuddy for VILLAGE MARINE together with notification to adjacent property owners; Zoning Board of Appeals Questionnaire Form; Short Environmental Assessment Form; Letter to Building Dept. from Charles R. Cuddy; Letter from Planning Board; and site plan. Notice of Disapproval was not included. Judith T. Terry Southold Town Clerk April 6, 1990 Notice of Disapproval received. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL ~. ~.o....o~......c~..-~.. ~.. ......... .~¥..~... ~ .~., .~ .~ ,'... ~ ~ .~ ......... PLEASE TAKE NOTICE that your application dated ....... for pe~it to ~ ~ ~. ~.~..~. ~-.~-. ~- .~ ~.~' ~'~ ~' at ~cation of Property . .~.~...~-~. ~~- ~~~ ........ Hou~ No. ' ~i ..... Hamlet County Tax Map No. I000 Section .... J.~ ..... Block .... ~ ~ ...... ~t .. ~ ~ } ....... Subdivision ................. Filed Map No ................. Lot No .................. .~m .~ ~v~.. ~ ~..~...~.~. ~..~~..~.. 1/80 QUESTIONNAIRE TO BE COMPLETED AND SUBMITTED ~TH YOUR APPLICATION FO~4S TO THE BOARD OF APPEALS Please complete, sign and return to the Office of the Board of Appeals with your completed application forms. If "Yes" is answered to any questions below, please be sure to depict these areas on your survey (or certified sketch), to scale, and submit other supporting documenta- tion. 1. Are there any proposals to change or alter land contours? Yes No 2.a)Are there any areas which con~in wetland grasses? (Attached is a list of the wetland grasses defined by Town Code, Ch. 97 for your reference.) b)Are there any areas open to a waterway without bulkhead? Yes .No Ye% No 3. Are there existing structures at or below ground level, such as patios, foundations, etc? Yes No 4. Are there any existing or proposed fences, c~ncrete barriers, decks, etc? Yes No If project is proposed for an accessory building or structure, i~ total height at more than 18 feet above average ground 1~17 State total: t~' ft. Yes If project is proposed for principal building or structure, is total height at more than 35 feet above average ground level? State t~otal: ...... ft. Yes NO Are there other premises under your ownership abutting this parcel? If yes, please submit copy of deed. Are there any building permits pending on this parcel (or abutting land under your ownership, if any)? State Permit # and Nature: Yes Yes No No Do state whether or not applications are pending concerning these premises before any other department or agency (State, Town, County, Village, etc.): Planning Board Town Board Town Trustees County Health Department Village of Greenport N.Y.S.D.E.C. Other Yes Yes Yes Yes Yes Yes Yes 10. IS premises pending a sale or conveyance? If yes, please submit copy of names or purchasers and conditions of sale. (from contract) Yes 11. i2~ Is new construction proposed in the area of contours at 5 feet or less as exists? If n~w construct~.om is ~ro~o~ed ~.n an area within 75 feet of wetland grasses, or land area at an eleva- tion of five feet or less above mean sea level, have you made application to the Town Trustees for an inspection for possible waiver or permit under the requirements of Ch. 97 of the Town Code? Yes 13. Please list present use or operations conducted upon the subject property at this time and proposed Please submit photographs for the record.. I certify that the above statements are true and are being submitted reliance by the Board of Appeals in considering my application. .... .. .~ ~ ~ '->~ , Signature (~rQ~ty Owner) ~Authorized Agent) 1/88 No No No 'No for RQ~ECT I,O. NUMBER  '- 617.21 ~. Appendix C State Environmental Quality Review SHORT EN~/IRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only {T I~PROJECT INFORMATION (To be coml31eted by ADplicant or Project sponsor) APPLI~NT/SPONSOR B~uce A. G[uecke~[ . ~ 2. PROJ~CTNAME PROJECT kOCA~ION: ' Vi 11age Marine ~..~c,.~.,v Mattituck Counlv Suffolk e/s'Ba~ Avenue, 140' s/o N.Y.S. Route 25, Matt}tuck, New ~ork DESCRIBE PROJECT BRIEFLY: r~ Modif leal lonlaller alrlon Construction of a 40' x 60' (2400 square feet) unheated meta! and a 11' x 102' outdoor boat rack with related site work. storate building AMOUNt OF LAND AFFECTED; ~,m,.~ _ 0.55 WILL PROPOSED ACTION CO.~pLy WITH EXISTING ZONING OR OTHER ~XISTING LING USE RESTRICTIONS? -- J--1 Ye~ ~ No If No. ~escnDe briefly Variances wi]~ be ~equi~ed fo~ bui.]ding so,backs, pa~k~ng and landscaping. WHAT IS PRESENT ~ND USE IN V CINI~Y OF PROJECT? A~ea ~s cu~ent]~ zoned commercial ~o ~h~ no~h and ~es~den~ia[ ~o sou~h on ~he o~he~ side of ~ames C~eek. ~ Ye~ ~ ~lO (f ye~. list age,cy(sJ arid permiUapp/ovals S0utho I d BU ~ 1 d ~ ng Department New York State D.E.C. Southold Town Planning Board Southold Town Board of Appeals Suffolk County Department of Health DOES ANY ASPECT CF THE ACT/ON HAVE A CURRENTLy VALID PE~MIT Off APPROVAl? RESULT OF PROPO~EO AUTIOt~ WILL EX/STING PERMIT/APPROVAL REQUIRE MOQIFrCATION? [] rio I CERTIFY THAT THE iNFORMATiON PROVtOEB ABOVE IS TRUE TO THE BEST OF MY KNOWLEOBE Bruce A. Glueckert ,,c..,,,~on,o, ..m.: G]ueckert and Wieber, Architects o~,0: ~o~stal Assessmen~ Form before proceeding wilh this as~essm~nl OVER 1 SEQR INSTrUCTioNS: ' ~ .uNME~ITAL ASS£SS~IE~iT (a* ~nn O=4er -- to answer the questions in this that the preoarsr will · USe cUrrently available short EA~~ it is ass~uned Pro]ecu and the likely impacts of the action, information ooncernino the It is not expected that (b) Z£ any question has been answered Yes the project may be Sig- (c) I£ all questions have been answered No it is likely that the PrOject Aa no= SAgnificant' (d~ Environmental Assessmen.~_~ WAll Project result in a 1arco Physical change to the projec= site or physically alter more than l0 acres of land? 2. Will there be a major change to ~Yes " 3. WAll PrOject alter or have a large effect o~ azl existing body of water? Will PrOject have a POtentially largo, impact on ~Yes X ~o 5. ~E1Z Project Siqn1~1cancly e:~occ drainage ~1ow X 6, ~E1Z project a~ece any threaCened or endangered~Yes ~o plane o: animal Species? ~Yes X ~o 7. Will PrO,eec result in a major adver=u e~fec: on X air qualityF ~ili ~roj~cu have a major effect on ViSual char_~Yes ~o known to be important 2o the CO~uni=y~ Yes ~Yes X ~o ~1: project result in major traffic problu~ or noise~r°ject regularly cause objectionable odor=, glare, vibration, or electrical disturD- [~. Will PrO~oc= have any impact on public health of more t~n S Percent over a one-year ~Yos X p~o o ~ P~lic CO~rover=~on~ · the Preparer. s S~9naCure :~~~ __ r/l ~/75 ~ Date: Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 14, 1989 Carmine Grasso Glueckert and Wieber Architects 300 Wheeler Road - Suite 303 Hauppauge, NY 11788 RE: Village Marine SCTM #1000-122-3-15 Dear Mr. Grasso: The Planning Board has received your proposal. The following changes must be made before the Planning Board can proceed: Ail existing floating docks must be shown on the map. (The map submitted shows four, an inspection of the property showed twelve docks). The bulkheading on James Creek must be shown on the map. The existing macadam paving must be shown on the map together with the blue stone area. The Suffolk County Tax Map Number (SCTM#) and the zoning must be shown on the map. Be A grading and drainage plan must be submitted showing drainage calculations and details of drainage structures. o The map must show the name and address of the person, firm or organization preparing the map, sealed with the applicable New York State license seal and signature. 7. The location and details of curb cuts, fencing (type and location), grading, including existing and proposed topography with two-foot contours ( on site and two hundred (200) feet beyond the property line.) Spot locations for buildings must be shown also. The location and listing of landscaping, buffering and street trees, including type, material, size, quantity and location must be shown. Building elevations for all facades and floor plans showing the proposed use of floor area must be shown. 10. Parking calculations must be shown on the map in accordance with the Town Code, Article XIX 100-190, 191 & 192 (one space per four boats in dry storage may be used.) 11. The proposed building must be seventy five (75) feet from the bulkhead on James Creek. The Planning Board requests a copy of the application filed with the New York Department of Environmental Conservation. If you have any questions or wish to have a presubmission conference to resolve any issues before proceeding, please don't hesitate to contact this office. :%~'..-~-.~'Very truly yours, ~' VChaiYman cc: Dave Young Board of Appeals Town Trustees RK/jt Southold. Nc'.,. Y,,:~: i PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 14, 1989 Carmine Grasso Glueckert and Wieber Architects 300 Wheeler Road - Suite 303 Hauppauge, NY 11788 RE: Villaqe Marine SCTM ~1000-122-3-15 Dear Mr. Grasso: The Planning Board has received your proposal. The following changes must be made before the Planning Board can proceed: Ail existing floating docks must be shown on the map. (The map submitted shows four, an inspection of the property showed twelve docks). The bulkheading on James Creek must be shown on the map. The existing macadam paving must be shown on the map together with the blue stone area. The Suffolk County Tax Map Number (SCTM~) and the zoning must be shown on the map. A grading and drainage plan must be submitted showing drainage calculations and details of drainage structures. The map must show the name and address of the person, firm or organization preparing the map, sealed with the applicable New York State license seal and signature. 7. The location and details of curb cuts, fencing (type and location), grading, including existing and proposed topography with two-foot contours ( on site and two hundred (200) feet beyond the property line.) Spot locations for buildings must be shown also. The location and listing of landscaping, buffering and street trees, including type, material, size, quantity and location must be shown. Building elevations for all facades and floor plans showing the proposed use of floor area must be shown. 10. Parking calculations must be shown on the map in accordance with the Town Code, Article XIX 100-190, 191 & 192 (one space per four boats in dry storage may be used.) 11. The proposed building must be seventy five (75) feet from the bulkhead on James Creek. The Planning Board requests a copy of the application filed with the New York Department of Environmental Conservation. If you have any questions or wish to have a presubmission conference to resolve any issues before proceeding, please don't hesitate to contact this office. cc: Dave Young Board of Appeals Town Trustees RK/jt Real Properly Tax Service Agency~'~cf~' R-80 A-C R-80 M]~ R-80 R-80 MATTR1JCK R-E0 R -80 LIO A-C R-80 TRANSCRIPT OF HEARING SOUTHOLDTOWNBOARD OF APPEALS THURSDAY, NOVEMBER 1, 1990 Appeal No. 3939 - Matter of VILLAGE MARINE: Board Members present were: James Dinizio, Jr., Chairman Pro Tem; Charles Grigonis, Jr. and Serge J. Doyen. (Absent were: Members Joseph H. Sawicki and Gerard P. Goehringer, who has abstained from discussions or deliberations in this matter.) Also present were: Board Secretary Linda Kowalski, approximately 25 persons in the audience. and Chairman Dinizio reconvened the hearing at 10:48 p.m. CHAIRMAN DINIZIO: Is there anybody wishing to make any comments on this, for or against? Mr. Cuddy. CHARLES CUDDY, ESQ.: I'm Charles Cuddy, attorney for the applicant, Village Marine. When we were here at the last meeting; this was held over for several reasons, but I would Page 2 - Appeal No. 3939 Z.B.A. Transcript of Hearing Matter of VILLAGE MARINE November 1, 1990 Regular Meeting CHARLES CUDDY, ESQ., continued: just briefly like to reiterate what our application is because I think it's important to know what it is so you know what it's not. It's simply an application for setback variances because we want to build a larger building to house the boats so that we can repair the boats. It also is an application to permit us to have a boat rack so that we can take existing boats -- not new boats, not additional boats, but existing boats there -- put them in the storage r~acks. It opens up the area. It permits us to have additional parking, and in this connection, we've submitted a revised plan to the Board showing additional parking spaces and also showing some planters along the bulkheading. I'm aware and I had asked, and this is one of the reasons guess we're having this further meeting -- I had asked to comment on anything that the Planning Board -- (The Court Stenographer returned to the meeting at this time.) SECRETARY: We should have been waiting for Gail before we started the hearing. CHAIRMAN PRO TEM: I didn't even realize she was gone. Sorry, Mr. Cuddy. Page 3 - Appeal No. 3939 Z.B.A. Transcript of Hearing Matter of VILLAGE MARINE November 1, 1990 Regular Meeting GAIL ROCHEN: Mr. Cudd¥, let me just get to the record. Ok, this is Village Marine. MR. CUDDY: I just indicated that we were here because we were asking for a larger building and also the boat rack, and needed setbacks because the lot is a small lot. The lot is a little in excess of 20,000 square feet. It's a permitted use. We're not asking to expand a nonconforming use, and I think it's important because the opposition in part, and part of it seems to come from the Plan~ing Board, and I had asked last time that they correspond with this board and to have the opportunity to reply. They did correspond subsequent to our last hearing. I wrote to this Board, and my letter should be a part of the Board's file. And today I've been made aware of an additional letter from the Planning Board claiming that effectively the proposed plan with additional parking violates five different sections of the code. I would just like to point out to the Board that the five sections that are spoken of, Section 100-100-210, 100-212, 100-213 .,. (See remainder of hearing transcript prepared by Court Stenographer under separate cover.) ~INDA KOWALSKI ,/'~-~ ~ Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OFSOUTHOLD TO: FROM: RE: James Dinizio, Chairman Pro Tem Board of Appeals Bennett Orlowski Jr., Chairman ~L).~'/~ Pending Site Plan - Village Marine SCTM# 1000-122-3-15.1 DATE: November 1, 1990 SCOTT L. HARRIS Supe~isor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 The following is in response to your request of October 24, 1990, requesting the Board's review of the parking requirements for Village Marine. With the exception of space number three (3), the parking spaces indicated on the map do not conform to Code requirements. Specifically, spaces one (1), two (2) and four (4) through twenty (20) are in an area that the Code requires be set aside for landscaping for parking lot screening and buffering (Article XXI 100-210, 212, 213, 214 and 215). In addition, spaces five (5), six (6), and eight (8) do not have the required twenty-two foot (22) back up space. Essentially these spaces are not useable. Further, some of the spaces must be designed for handicapped access, but are not. The proposed boat rack is also located in an area required for the transition buffer between residental and marine business zones. Further, the site plan does not include the boat storage rack and the retail sales operation uses in the parking calculations. The Code requires one parking space for each boat in dry storage, and two (2) parking spaces for the retail accessory use. More spaces are required than the twenty-nine noted on the site plan. The applicant should be asked to submit corrected parking calculations on plans that include the handicapped spaces, the boat rack spaces and the retail sales spaces, all in conformance with the Code. In closing, the Board is not in favor of this variance request because the site should be brought into compliance first. Please review the attached copies of the Board's past correspondence to your Board (October 2, 1990) and to the applicant (September 21, 1990). APPEALS BOARD MEMBERS Gerard P. Go, bringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr, Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 FROM: DATE: SUBJECT: Planning Board Attention: Valerie Scopaz, Planner James Dinizio, Chairman Pro Tem Board of Appeals October 24, 1990 Planning Board Letters of 9/21/90 and 10/2/90 Pending Site Plan - Village Marine SCTM #1000-122-3-15.1 With reference to the above application, please find attached the latest print of site plan showing 20 proposed parking spaces. As you may know, the hearing on this application has been continued until Thursday, Nove~er 1, 1990, and we ask your review as to whether or not the parking layout as shown on this plan is conforming under the requirements for site plans -- with the exception, of course, that the plan is nine parking spaces short of the code requirements. Please provide our office with your comments as early as possible, or in the alternative, please feel free to have a representative from your department attend the hearing. The hearing has been continued for 9:10 p.m. on 11/1/90. ~" -- FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL PLEASE TAKE NOTICE that your application dated ............ ,19. .0.. for permit to e~,. ~q~.."~ .,f...~U~..¢~,qt. ~...~...¢. ~ .~. at Location of Property . .~ 2~...~ ...... ' ~~.. .o~ ~o. . ~ .... County Tax Map No. 1000 Section .. ).~ ...... Block ... ~.~ ....... ~t .. I ~t.l. ...... Subdivision ................. Filed Map No ................. Lot No .................. is returned herewith and disapproved on the following grounds .~...~.~)_.. ~kl~g..~. ~ ~ .- Il ~ ~...~*.. ..~.~~. ~~. ..................... ~..~..~~. ~ ~ .................................. .................... .......... ~~ ..... 1/80 Lot depth Ifeet) 60 15 Side yard Ifeet) 4,5 25 50 Rear yard 40,000 80.000 120,000 40,000 150 150 200 100 150 150 300 150 35 35 75 50 20 25 ~0 20 45 50 60 40 25 25 75 70 ...... · , '-~ 1T Districts only and above mean high water shall qualifY for area § 100-13 ZONING § 100-13 (2) The location of all existing and proposed buildings, ~, dmina~ ~iliti~, utility ~, l~d~api~, stme~ and si~, lighting and ~r~ning de~e~. (3) Any other information t~t may ~ ~nably mquir~ in o~er ~ make an infom~ de.ruination pumuant ~ this ehap~r for ~e m~ew and appmml of si~ plato by the Planning ~. SPECIAL EXCE~ION USE -- A ~ that is d~mM app~ pria~ in a parfieul~ d~tri~ if s~ifi~ ~nditiom am me~ ~RY ~ ~at ~t ~ any ~ading, exelmi~ of ~llm but indmive of b~men~, ~mpri~ ~tw~n the leml of one finish~ fl~r ~d ~e level of the next higher finish~ flmr or, if there is no higher fin~h~ fl~r, then that part of the building eompri~d ~tw~n the level of the high~t finish~ fl~r and ~e ~p of the ~f ~a~. STORY, HALF -- Any space, ~ a minimum d~ height of five (5) f~t, partially Mthin the ~f ~aming where the el~ height of not more than fi~y ~ment (~%) of sueh sp~ ~n the ~p of the flmr ~ams ~d ~e structural eeili~ level is ~ven (7) f~t s~ (6) ineh~ or more. ST~ET -- A st~ imp~ ~ ~e ~fion of ~e P~- ning B~rd, which is one (1) of ~e followin~ (1) An ex~ting ~wn, ~unty or s~ ~ghw~ or str~L (2) A strut shown on an app~ved subdi~sion final plat. (3) A strut shown on a map filed ~th the County Clerk (in ~eordan~ with ~ 28~a of the Town ~w) prior ~ Planning B~ authorization ~ renew subdi~sions.~ (4) A strut shown on the Town Official Map. STREET LINE -- The di~ding line be~n a lot and a street. STRUCTURAL ALTERATION -- Any change in the su~ ~rting membe~ of a building, such ~ beams, columns, girders,.f~tin~, foundations or bearing walls. 10031 ~ L C ~'~ ~: ,_.-% R--80 MATTITUCK HB R LIO B R-80 122.-2-6 --122.- 2-8.1 122o-2-10 122.-2-12 122.-2-15 122.-2-1~ -- 122 72-18 --I~.-2-20 122.-2-21 ' N NM HAZZAFERO RONALD & BON bOO &,FOU ouu C OF PAULOS DOROTHY T 500 4,000 500 4,000 210 ~" C QN ACER FRANCES K 2.200 .... 5,700 .... 2,200 5,700 210 C RJ LAND BRUCE A & WF 600 5,100 600 6.000 210 ............. ~ ~K D~CKERSON MILL[CENT ...... 800 ....... ~000 ...... 800 ' 3'000 "270 C KN CASPER DOLORES M 300 300 300 '300 311 ............... C EG CASPER ~ERT M & WF ~00 ..... ~800 ..... ~00' ~,800 210 C LZ DAVIS STANLEY JR 500 4,000 500 4,000 220 C NL WORTHINGTON GERALDINE ~ 1,000 ~ 7~700 ~00~ 7,700 210 COE SM[TH WILLIAM P & WF qO0 4,300 900 4.300 210 ............. ~ O~-B~Rb['NKA ~AM~S E & WF ..... ~00 .... 3~900 -' - ~0 ~,90~ 210 C PQ WATSON AUDREY W 1,100 3~500 1,100 ~,5~ 210 C ~ ~TOK~S-LOUis .... ~00 --- 4,000 ' 400 4~300 210 CRC GLOECKLER LEONARD P & 500 ~.?00 500 ~,700 210 C LF'ZANESKI FRANK J & WF 400 ~,100 ' 400 ' 4,500 210 CLY BRADLEY MARGAREDT T g00 6,100 900 6,!00 210 F-'122~-2-23.1 ..... C O~ Y$ONTbS EMANUEL ~?00 -- ~?00 - 2.700 2.?0~ 311 122.-2-24 C OD DICKERSON CHARLOTTE 2,900 6,400 2,900 6.400 210 ~- 122~2,25 ....... ~ ~W-~ T HOLDING CORP ' i,500 ~500 1,500 1,500 321 122.-3-1.2 C MW PANTALEO ALICE &ANO ~00 400 400 400 311 ~'122.-3-1.4 ..... C O0 CARD[NALE ALAN A ' 9,800 9,800 9,800 9.800 311 122.-3-2 CLX LLEWELYN LEONARD J JR 1,200 2,400 1.200 2,~0~ 484 12~;'3'3 ......... C M~-~AS~O-YHOMAS'& WF .... 700 3~800 700 - 3.800 ~i0 122.-3-4 C NJ R[VERHEAD LAND DEVELOP 900 ],600 900 3.6~0 210 122.-3-5 ..... ~ OC-Y~SSO'T~OMAS ..... ~'400 ...... 9;200 .... 1,400 g'200 122.-3-6 C OV BAGSHAW HARVEY JR & 3.100 12,500 3,100 12.$0~ 433 122.'~-7 C PO SUTER LAWRENCE 600 2.200 600 2,200 421 1 122.-3-8 C QH MILLER CHARLES & WF 600 5,500 600 5,500 210 1 1~2,;3-q~ ....... ~ RA"-¥~TTE~JOAN W ........ 1';000 ...... 3~700 -- 1,000 3;70~ ~84 1 122.-3-10~'''' CLD HODOR STALLER & KASPER 5,000 6,~00 5.000 6.300 432 1 '- 122;,~-12~,,''~ ...... C MP ¢[NORA-GRACE A 1.100 1,100 1,100 1;100 311 1 122.-3-1~~''' C NI FINORA JOSEPH J & WF 1,300 2,?00 1,300 ~,700 260 1 -'122.-3-14~''' - C 09 ~T~oWSK! PETER R & WF 1,100 '' 5,100 1.100' 5,100 210 1 ~z.-5-~' CPe ~WK ~N~~ 2,100 5,700 2,100 5.ZOO 570 1 1E.'3;16 (-PN"'~DTTE'R GARY ~ & e~-BAR .... 700 ...... 2~100 700'- 2~100 270 122.-3-17 C QG LYONS MARGARET M & 800 4,200 800 4,200 210 1 --12~;-3'18 ........ ~-~Z'[UC'AS HELEN A ..... ~00 ...... 3;000 .... ~00 3;000 210 1 122.-3-19 C RS LUCAS HELEN A 500 gO0 500 900 260 1 --'12~.-3-20 C LV SCHELIN ROY A & WF 500 500 ' 500 500 311 1 122.-~-21 C MO M[KOLAJCZK ZDZ[SLAW & 600 1,900 600 1,gO0 210 1 "- 122,~-22 .......... ~-N~ MI~O~SK[-FRANK & W~ .... 600 .... 6;000 ...... 600 6;000 210 1 122.-~-2~ C OA STE[NER ALFRED W & WF 600 5,000 600 5,000 210 1 122,-3-25.Z ............. E-RE'CARD[NALE'-PHILIP-J'& S ....... 1~00 1'400 -- 1'~00 1,400 311 122.-3-26 C QF NORSTAR BANK 1,200 1,500 1,200 1,500 312 1 ~ --'122'-3-2~ .......... C QY KLEIN jAMES E ....... 700 .... 700;: ..... 700' : 700 311 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 1 PAGE .... ~OTA~S 51-P A RCEES- (~ETIVE) 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 14 208,000 1988 TOTAL 209,600 1989 TOTAL 14 14 14 14 14 14 14 14 14 14 14 14 TOWN OF SOUTHOLD ...... County, New York 516- 765-1801 11971~ '~'0 3.~_~5 1 5 2 ' 19~ BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matter or the Petition of : · Village M~riRp ~ : to the Board of Appeals of the Town of Southold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Va6an,ce) (~t~o~ll.~p~ro~S~6tqttlxp~6N}cx(~c.!qXeX~ [circle choice] 2. That the property which is the subiect of the Petition is located adiacent to your property and is des- cribed as follows: East Side of Bay Avenue in the Hamlet-of Mattituck~ Town of Southold. Suffolk Count~ Tax Map ID No. 1000-122-003-15.1. 3. That the property which is the subiect of such Petition is located in the following zoning district: M-I Marine Zone District 4 lha! h~ such Pelition, the undersigned will request the following relief: variances as to setbacks from: (a) rear yard, (b) bulkhead, (c) frontyard, (d) side - jards, as are applicable. $. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare Azt. tcle XI ~eci:~on 100-112 and S'~ct. ion 100-239,4 [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. 6. That within five days from the date hereof, a written' Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road, Southold. New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of A'ppeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated! March 21, 1990. Charles R. Cuddv as Attorney for Petitioner Village Marine Owners'Names: PostO~iceAddress ~.0. BOX 1547, 180 Old C~untry Road Riverhead, NY 11901 Tel. No. {516 ) 369-8200 [Copy of sketch or plan showing proposal to be attached for convenience purposes.] NAM~ PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS %DDRESS (Please see attached list of names and addresses, together with postm.arked certified mail receipts attached therett.) STATE OF'NEW YORK) COUNTY OFSUFFOLK) SS.: Linda F. Kowalski , residing at 930 Ole Jule Lane~ Mattituck~ NY 11952 , being duly sworn, deposes and says that on the 2,~J~day of Marc h ,19 90 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice al( ( s eeattac hed rec e ~ at, ~ ) ; that said No6ces were mailed to each of said persons by (certified) (l~vgN,~et~fd~ mail. Sworn to before me this 2~1 day of Marrh ,19 9n Notary Public ~--~//Linda F. KoWa-lskt (This side does not have to be completed on form transmitted to adjoining property owners.} District Lot 12: Lot 13: Lot 14: Lot 10: '~P 875 918 785 RECEIPT FOR CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED NOT FOR INTERNATIONAL MAIL LIST OF ADJACENT PROP (See Reverse) 1000, Section 122, Block 0 Grace A. Finora 640 Vincent Avenue Bronx, NY 10465 Mr. and Mrs. Joseph J. 640 Vincent Avenue Bronx, NY 10465 Fin, Mr. and Mrs. Peter Petrows] 235 East Legion Avenue Mattit.uck, NY 11952 Staller and Kasper Hodor 1455 Veterans Memorial Hi~ Hauppauge, NY 11787 Sent o Street and No P O. Stale aDO ZIP Code Cedlfled Fee Restricted Delivery Fee Return Recem¢ showing to whom and Date Dehvered Date, and Add elivery Lot 9: Lot 1: Lot 25: Joan W. Yetter Box 655, Main Road Mattituck, NY 11952 Alice W. Boutcher Estate Mattituck, NY 11952 Mr. and Mrs. George F. 3810 Ole Jule Lane RR1 - Box 63 Mattituck, NY 11952 Schaedel GI-I~R]-,~,$ R. GUDDY A. TTOi~N'EX- AT LAW 180 O~ ~Y Ro~ ~. 58) P. O. BOX 1547 D~, ~ 11901 May 3, 1990 Board of Appeals Southold Town Hall Main Road Southold, NY 11901 Re: Application of Village Marine Dear Sir or Madam: With reference to the above amended application, please find attached the Notice to Adjacent Property Owners form together with Affidavit of Mailing and postmarked certified mail receipts for filing. Thank you. Very truly yours, ¢iaarle~ R. Cudd¥~] Enclosures BOARD OF APPEALS, TOWN OF SOUTHOLD : In the Matte/ol the Petition of : Villaqe Marine : to the Board of Appeals of the Town of $outhold : TO: NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention of the undersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) ($1~ec;l,tl~l~ev~X J~l,~/e~v,~X x(~b~ [x:~i~~ 2. That the property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: . East Side of Bay Avenue tn the Hamlet of Mattituck~ Town of Southold, New York. County Parcel ID No. 1900-122-03-15.1 3. That the property which is the subject of such Petition is located in the following zoning district: M-I Marine Zone D~strtct 4 lhath~suchPetition, theundersigned willrequestthefollowingrelief: insufficient number of parkinq soaces and/or ]andscaDing for Dark~ng current(3nd/or new)code reaulations. under 5. Thai the provisions of the Southold Town Zoning Code applicable to the relief, sought by the under- signed are Article X I X :~:~O~ [ ] Section 280-A, New York Town Law for approval of access over right(s)-of-way. b. Thai within five days from the date hereof, a written' Petition requesting the relief specified above will be filed in the $outhold Town Clerk's Office at Main Road, Southold, New York and you ma), then and there examine the same during regular office hours. (516) 765-1809. 7. That before the relief soughi may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: May 1, 1990. Charles R. Cuddy as Attorney for Village Marine Petitioner ~wners'Names:~& oghers PostOfficeAddress P.O. Box 1547 Riverhead, NY 11901 Tel. No. (516) 369-8200 the [Copy of sketch or plan showing proposal to be attached for convenience purposes.] PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS NAM[ ADDRESS (Please see attached list of adjacent property owners property locations on the Suffolk County Tax Map.) and their P 875 '~ p 27' RECEIPT FOR C NO INSURANCE CO RECEIPT F (See R, HOT F Cedified Fee Special Delivery Fee Restricted Delivery Fee Return Receipt Showing whom and Date Deliv P 875 ~ FOR C NO INSUP, AN~E NOT FOR INTER~ (See Re State and ZIP Code Ceddied Fee ' Spec~ar Dehvery Fee Restricted Delivery Fee Relurn Receipt showing to whom and Date Delivered Return Date. and Address of TOTAL Postage ~ Postmark or B ~ S reef and No ~ Posta9e ~ STATE OF NEW YORK ) COUNTY OF SUFFOLK ) P 875 918 793 RECEtPT FOR CERTIFIED MAIL (See Reverse) ELLEN CLARK .resid'ingat Yaphank, New York , being duly sworn, deposes and says that on the 4th day of Ma ¥ ,19 90 , deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- fice at ; that said Notices were mailed to each of said persons by (certified) (req~i:~'~:d) mail. Sworn to before me this 4th dayof MaY ~,19 90 ELLEN CLARK (This side does not have to be completed on form transmitted to adjoining property owners.) LIST OF ADJACENT PROPERTY OWNERS Matter of Lot 12: Lot 13: Lot 14: Lot 10: Lot 9: Lot 1.2 Lot 1.4 Lot 25: the Z.B.A. Application of Village Marine: Mrs. Grace A. Finora 640 Vincent Avenue Bronx, NY 10465 Mr. and Mrs. Joseph J. Finora 640 Vincent Avenue Bronx, NY 10465 Mr. and Mrs. Peter Petrowski 235 East Legion Avenue Mattituck, NY 11952 Staller and Kasper Hodor 1455 Veterans Memorial Highway Haupauge, NY 11787 Joan W. Yetter Box 655, Main Road Mattituck, NY 11952 Alice Pantaleo & ano. P.O. Box 11046 Ocala, FL 32673 Alan Cardinale P.O. Box 77 Mattituck, NY 11952 Mr. and Mrs. George F. 3810 Ole Jule Lane RR#I - Box 63 Mattituck, NY 11952 Schaedel 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS COMITY OF S~FFOLK :STATE OF HK~ YORK /~/~ ~2/~/~ 53095 Ma~n Road P.O. Box ~179 8outhold, e~ York Hovember !, 1990 7:30 P.M. BKFORK: G~:RMtD P. GOEBR INGF, R, Chairman. BOMtD M~BEIt8: ALSO PRKSEH?: LIHDA KOWALSK!, Board Secretary 1 2 3 5 6 7 8 9 ~0 11 13 14 15 16 17 18 19 2O 21 22 24 25 127 late, but my only -- and I will reserve my comments till the next or to submit them to the Board in advance. My only concern ia that there may be some participants here tonight who might like to n~ke a few comments and they may not be available at the next hearing. ! don'~ know if there are any. THE CHAIRMAN: Is there anyone here that may not make the next meeting? Seeing no hands, I make a motion recessing to the next regularly scheduled hearing. We thank everybody ~or their courtesy. MR. DOYEN: Second. THE CHAIRMAN: All in Eavor? MR. DOYEN: Aye. MR. GRIGONIS: Aye. MR. DINIZIO: Aye. (Time noted: 10:40 p.m.) (Presiding Chairman, Mr. James Dinizio, in the matter of Village Marine, said hearing commenced outside the presence o~ a Court Reporter due to circumstances 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 ...... 128 beyond anyone's control.) MR. CUDDYt ! just indicated that we are here because we are asking for a larger building and also the boat rack. We needed setbacks because the lot is a small lot. The lot is in excess of 20,000 feet. It is a permitted use. We are not asking to expand to a nonconforming use. I think it is important because the opposition in part -- and part of it seems to be coming from the Planning Board. ! asked last time that they corresponded with this Board to have the opportunity to reply. They did correspond subsequent to our last hearing. I wrote this Board. ! believe my letter is part of t~e Board's f[le. I today have been made aware oE the additional letter from the Planning Board claiming that effectively the proposed plan with the additional parking violates five different sections of the code. They are speaking of Section 100-210, 213, 100-214 and 100-215 -- having 100-212, 100- are sections to do with landscaping and bu[[ers. 1 2 3 4 § 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 129 The first section is a purpose clause. It says the purpose is to improve and beautify, and I think quite frankly that is part of what our application is. Section 212 has to do with landscaping in the front yard. The front yard is 37 feet. It is blacktopped. It has been that way for years. It is next to the Hess gas station. If we put in a grass area it would probably be about 15 feet by 15 feet. It would seem to me that that's going to be of no consequence or of no effect whatsoever. So the other section talks about transitional buffer requirements. It has to do w~th ~hen there is a lot in a residential district that backs onto our lot. We are in a situation where there is a right of way. That situation doesn't apply to us. 214 is a parking area requirement. It has to do with landscaping and paved parking. We don~t have paved parking in the rear or the side of our building. It doesn't apply to us. 1 2 3 4 5 6 7 8 9 30 11 32 13 14 15 ~6 17 18 19 2O 21 22 23 24 25 130 215 has to do with shoreline erosion. It has to do with vegetation and plantings. We have a bulkhead which was simply designed to save erosion. Virtually none of the things -- and I'm sort of disappointed the Planning Board would go to the length it did -- and yet this letter is not germane to the application. They talk in this letter about the proposed boat rack that is located in the transitional buffer area. That is not true. I have with me tonight, Mr. ~lueckert, the architect, who is going to address some of the questions about parking. ! have Mr. Young, who would like to reiterate his concern about the boat rack, to explaf~ to you why~it is needed. ! would point out simply to this Board that ! am surprised at the opposition. The opposition is simply saying we should not have a marina. That is not really the function of what we are here before as ! understand the Zoning Board of Appeals. It is a legislative Body. It is a quasi- judicial body. No one here is saying do I 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 131 like this or don't I like this. At least, I hope they are not Because I don't think that's what this is all about. What this is about is my clients attempting to take a situation, which is not necessarily onerous, hut certainly would Be improved upon. He has a Building that requires attention. It also requires additional size because he doesn't have additional size. He can't take the boats out of his yard. If he takes the boats out of the yard and puts them in the building, he can then get parking improved and take the cars off the street. I only see this as a plus. I cannot see this as a minus in any If we are defeated in this applica- tion -- to be permitted to use the property just as it is -- and I don't see that that is going to benefit the Town. I would very much hope the Board considers the fact this is an improvement. It is not a detriment. I would ask Mr. Olueckert to address the parking questions to the Board. 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 132 MR. GLUECKERT: Bruce Glueckert, of Olueckert and Wieber, Architects. I would like to just point out one of the paragraphs in the Planning Board's letter, which indicates certain stall parking. The stalls do not have a 22-foot aisle behind them. There are three spaces, or four spaces, that have a 20-foot backup. I would like to point out that this is a small site, odd-shaped site, to work parking in at all. 29 stalls on. However, and difficult I managed to put if we look at this, this is not a typical retail operation where there is constant traffic flow on the site. The cars will! be parked there for the day, most of the day, and will not be moved and generally the people who will be visiting the site will have been to the site before and will continue to visit the site and will know the parking layout. Thank you. THE CHAIRMAN: MR. CUDDY: I Young, Anybody else? would also ask David who is the operator of the business. 1 6 7 8 lO 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 133 NR. YOUNG: Ny name is David Young. I operate Village Narine. I would just like to reiterate what Nr. Cuddy said, that this is definitely not an expansion. Ne are only trying to take down a ramshackle building and improve the appearance of the yard and the Village Narine itself, and give us more room to park in and make it a more attractive marina. THE CHAIRH~N: Can I ask you one thing? ?he building itself, is that going to be used for storage or boats -- mostly repair? HR. YOUNG: Just repair. THE CH&IRN~N: You are not going to have ra'c~s in there? NR. YOUNG: No. No -- building is just going to be mainly to get us inside. For instance, this evening we had a boat that a sign painter was coming in to letter and it wouldn't fit into the existing building and the guy came down there. There was dew on the outside of the boat and he couldn't letter it. 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 .... 134 It's just -- we go through added expenses. It is very restrictive to do business in the way the operation is set up now. It is not 1950 anymore, as Ear as marinas and in order to make ends meet you have to do a little bit more. We are trying to streamline it and make it look better. THE CHAIRMAN: More is not necessarily more boats in the water. MR. YOUNG: Not at all. We don't plan on expanding the marina or putting more boats in the water. neaten the yard up. order to clear along We are only doing it to The rack would be in the bulkhead side so we can have parking for our customers along the bulkhead,l 'and the building is so that we can work inside in the wintertime. THE CHAIRMAN: Thank you. Is there anybody else? MS. MARRINER: Jeanne Martinet. I also am co-chairman of the Peconic Bay Association Task Force. I am putting some additional comments because I have had a chance to review the record. I do not see 1 2 3 4 5 6 ? 8 9 10 12 13 14 15 16 17 ~8 19 2O 21 22 23 24 25 135 the changes. So this won't apply to the changes that are not in the record. As the Southold Town Planning Board has stated for the record, the Bay Avenue Village Marine property is already overdeveloped and parking requirements cannot be met with off-site parking because this is always subject to change. Not only is the property overdeveloped, but the lot itself is also nonconforming because it does not meet the requirements of the district in which it is located. Furthermore, because it is located in the Peconic Estuary Critical Environmental Area, it is a Type ! action and requires a long form environmental assessment to filled out by the applicant, which has not been completed. To grant further variances, clearly runs counter to the expressed purpose of the Zoning Code of the Town of Southold as stated in Section 100-240 - Nonconforming Uses and Buildings. The purpose of said article and section is to "reduce or minimize impacts of uses and buildings which 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 ...... 156 do not conform to the use or bulk requirement as set forth in this chapter." (Article XXlV) Furthermore, Section 100-242, Non- conforming Buildings With Conforming Uses, does not provide for the demolition of a building. It also prohibits the creation of new nonconformance through remodeling and reconstruction. The applicant seeks to add a storage rack which would accommodate 30 additional boats and further add to the lot coverage. Plus the parking requirements for the additional boats alone, would, if adhered to, cover one-half of the entire property. The storage rack is considered a structure.' ' In addition, it appears that the 20 percent landscaping requirement required has been completely ignored, thus adding further to the nonconformity. And the landscaping is for mitigating purpose, to control runoff into the tributary of the estuary -- regardless of whether there is a bulkhead or not. A proper site plan should have 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 provided for approximately of landscaping. 137 4,000 square ~eet The proof required for an area variance, to be provided by the applicant, is that: 1) There will be no substantial change in the character of the neighborhood; 2) the degree of the variance will bring minimal change to the property; 3) the difficulty cannot be obviated by other methods such as off-site location; 4) justice will be served by granting the variance. The practical difficulties might be obviated by the applicant moving repair work to ah office location such as the one currently available next to the landfill, which, as I understand it, was built to assist local businesses with nonconforming problems. I believe the Board of Appeals has heard many complaints about the traffic and safety problems at the corner of Bay Avenue and Hain Road. This is fact. There was an 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 ....... 138 accident there just this Sunday. There is someone in the hospital right now. Therefore, it is neither serving justice nor is it in the interest of the safety and welfare of the community to allow further expansion which will bring increased traffic hazards. Under Section 100-271 of the Code -- Powers and Duties of the Board of Appeals, it states that the Board of Appeals must consider the effect on the community and must hear in mind that the burden of proof that there is no threat to safety rests on the applicant, who must produce concrete evidence to counter the negative impact. I~ 'would appea~ that the onlF practical difficulties that exist are those self-created by the applicant who wants to further expand development on an already overdeveloped, over-varianced property. The New York State Enabling Act for Town Zoning states: "The granting of variances is to be sparingly exercised." If the ZBA does not exercise its powers sparingly, the Board 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 139 document to the Board.) MR. the Town. FLYNN: F.M. Flynn, resident of I have several objections to this application but due to the lateness of the hour and in the interest of conserving funds, if you will accept my objections in writ'ing,' I will be glad to submit them in that fashion. I would like to make one comment, however. This property is a non- conforming property by definition of Section 100-15 of the Town Code. It has to be considered in the context of a nonconforming property. Now may I submit my objections in writing subsequent to this evening? leaves itself and the Town open to litigation. Thank you. I would like to give you each a copy of the booklet produced by the Peconic Bay Task Force, which might help you in understanding what more development on the waterfront that is not property mitigated, how it can effect the estuary. (Ms. Martinet handing above-mentioned 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 THE CHAIRMAN: Certainly. MS. JOHNSON: My name is Sherry 140 Johnson and ! am currently serving as the Program Coordinator for the North Fork Environmental Council. I would like to take this opportunity to reiterate the NFEC's position on this matter, which was stated at a previous hearing held on September 26th. The NFEC is opposed to the granting of the variances requested by Village Marine. The site is already in nonconformance with the M-! District in respect to lot size and width. A lot of at least 40,000 square feet that includes a width of 150 feet is required. The applican~ 'is asking now for further relief from parking and landscaping requirements and for increased lot coverage. The proposed structures will bring the percentage of lot coverage up to 20.8 percent of the site. The coverage allowed under the Bulk Schedule is 30 percent, based on a 40,000 square foot lot, which this is not. In fact, the Zoning Code itself states 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 141 that "no building shall be used and no building or part thereof shall be erected or altered in the M-I District unless the same conforms to the Bulk Schedule". Instead of adding further to the traffic and congestion at this location and to the further degradation of James Creek, the NFEC asks you to deny this application. THE CHAIRMAN: Thank you. You will furnish us with copies of that? MS. JOHNSON: THE CHAIRMAN: make any comments? MR. CUDDY: I Yes. Anybody else wish to have several comments. First is if Mr. Flynn is going to have the pri~ileg~ of putting something in writing after the hearing, I would like to respond. I assume he can do that within a reasonable amount of time. THE CHAIRMAN: I would like to have it before the next scheduled meeting, which would be the 15th. That is, any written comments. (Inaudible) 1 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 142 THE CHAIRFd~N: The 10th, is that okay, Mr. Flynn? MR. FLYNN: I will be glad to submit them in writing within the next week. you? Final 15th, okay? THE CHAIRMAN: Is that agreeable to The 15th will be final comments. comments would have to be in by the by you or anyone else. Would that be MR. CUDDY: Yes. The other point I would like to make, without belaboring, is the reason that we are here is because the lot is One of have a unique situation in that we have a lot that !has been for'more than 35 years that size and it is a permitted use. The legislative body of this Town has said, you can have a marina at that site, and we are here because we are trying to do something we think is improving that marina. That is precisely the reason the application was made. Everybody is telling us something that I think is self-evident, that the lot smaller than we would like it to be. the practical difficulties is that we 6 7 8 9 10 11 13 14 15 16 17 18 19 2O 21 22 23 24 25 143 I believe we listed. is small and doesn't conform. meet the criteria that is (Inaudible) I think it is similar in this application to the Port of Egypt application. (Inaudible) THE CHAIRMAN: If you made an application to this Board, how many boats could you store on that property right now? What would your limit be? Would you have a limit as to how many boats could be parked on that property? MR. CUDDY: There is physically -- there is a limit to the size of the lot. Mr. ~oUn~ probably would say to you that he stores "X" number of boats there. I would say that certainly perhaps he can store more than $0 boats there. MN. YOUNG: When we bought the place, before we bought it the Markowitz (phonetic spelling) had boats all the way to the fence where you couldn't drive into the driveway. What we did when we went through there was 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 2O 21 22 23 24 25 .... 144 -- one of the first things we did was rent an external piece of property in order to store boats so we could alleviate the boats out in the yard. This has been our direction all the way along. MR. CUDDY: He doesn't store boats. What he does is he has boats that they repair. In other words, there is no storage that takes place. And ! think he testified last time, he takes the site. is the storage boats THE CHAIRMAN: What I was getting at if no application was made, he would have if!'i would like every right to store boats on that piece of property. That's all I have. don't hear anything more, ! to close the hearing. I make a motion to close the hearing~ MR. GRIGONIS: THE CHAIRMAN: All MR. DOYEN: Aye. Second. in favor? MR. GRIGONIS: Aye. (Time noted: 11:00 p.m.) * , 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 APPEAL .~UMBER 3969 3974 3980 3978 3971 3976 3972 3977 3979 3968 3975 3788 3955~ 3938 INDEX APPLICANT ANDREW BURKARD DONALD L. OSANI (for GEORGE BRUDERHANN, JR.) VIRGINIA OLOA LEE DONALD and DOROTHY SWAHN VALERIE M. KRAMER THOMAS and MARIAN SANTACROCE PETROL STATION LTD. BETTY J. COPIN THOMAS J. GORMAN IRENE R. MILLER ARTHUR G. CARLSON SUN REFINING and MARKETING - DOMiNIcK SBLENDIDO and A. AURICCHIO VILLAGE HARINE 145 PAGE 2 5 8 10 14 19 22 31 42 44 54 87 105 128 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 CERTIFICATION I, OAIL ROSCHEN, do hereby certify that I am an Official Court Reporter and that the foregoing constitutes a true and correct transcript of the Town of $outhold Zoning Board of Appeals hearing of November 1, 1990, according to my stenographic notes. GAIL ROSCHEN Official Court Reporter 145A Bennett Orlowski, Jr., Chairman Southo!d Town Planning Board Main Road $outhold, New York 11971 RE: EAF Review Dear Hr. Orlowski, Jr., It is es%imated that ~= .~ cost of reviewing the above-noted application as per your letter of /~ ~ , 1991 should not exceed $ _ _~-'(949.e0 No work in excess of ~ha= amount %,.zl be undertaken by this office unless so authorized by the Plannin~ Board~n ~ wrl~lng.'~' Please notify this office in %.;riting if you :,'ish us to undertake the review. ~J~am~r, Voerhis ~ Associates ~ \ ~/F LL]CK. A, iqlLLE. F... xx 7a.i 5C-ALE. : ,,4 T ~¥,C. PA-T* = /Fog '~,F, ~ Tozq- rAW-,~f" BOFlING 'No. FEET BLOWS ~o. 300 WHEELER HAUPPAUGE Z k/IF LUcK~ A, i',~LLE;F-.. ~' K~Y I dAF BORING No. 1 DATE 9/'2B/Sg SURFACE ELEVATION- 1 ---z...-~---~ z 1 ~ to BORING 'No. 2 DATE: 9/28./8~ $~lFJ,,~ ELEVATION: L.Z ...... X 1 9n*w~ GLUECKEI::IT ANO WIEBER ARCHITECTS 300 WHEELER ROAD IEUITE 303 HAURPAUGE NEW YORK IlTEIB / rlWGiNO D TEST 5LACK/ TEST BORING~ INC, 4 MAIN 5~ (51.) 544-0404 APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTt L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 16, 1991 Ms. Karen Munze, Sr. Env. Analyst N.Y.S. Department of Environmental Conservation Building 40 - SUNY Stony Brook, NY 11790-2356 Re: Your Communications of October 10, 1991 NYSDEC Permit #1-4738-00341/00001-0 (Village Marine) Dear Ms. Munze: We are in receipt of your October 10, 1991 communications in the above matter, and pursuant to our telephone conversation today, we would like to clear any misunderstanding or misinformation that may have been reflected in any of the permit files concerning a SEQRA declaration made by the Board of Appeals in the above matter. The Board of Appeals has declared the setback variance application to be a "Type II" action {similar to exempt actions relative to setbacks, which is the same rule applicable to the Suffolk County Critical Environmental Area, Section 4(2) thereof}, although the Town Trustees and NYS.DEC were not Type II actions, having previously determined Negative Declarations under SEQRA in 1988-89 and notice in the Environmental Bulletin. (It was later, in April 1990, that a setback variance with the Board of Appeals was applied for and later processed.) In any event, our department is not an involved agency at this time but wish to be included as an interested agency.' For your file and information, we are enclosing the following: a) copy of our Type II Declaration adopted by the Board of Appeals; b) copy of Town Trustees approval (and recent extension); c) copy of communications concerning the bulkhead proposed during 1986 from the NYS Department of State; d) copy of the Environmental Bulletin publication (1989) concerning a DEC Permit pending under #10-88-1869. e) copy of Section 37-7(A) of the Suffolk County Charter (CEA) effectuated in March 1989. Thank you for your courtesies. Very truly yours, Linda Kowalski Enclosures cc: Southold Town Trustees Southold Town Planning Board New York State Departn~t Building 40--su,Y, Stony Brook, (516) 751-13~9i Land Use Company 2576 Sound A~e~ Baiting Holl~Wi N~ 119~3 Attn: Tanya!LachCmmeye~ of Environmental Conservati~ New York 11790-2356 ~)ctob~r 10, Thomas C. Jorlln Commissioner Dear Ms. Lachenmeser: RE: NYSDEC Permit Applicati!on #1-4738~00341/00001-0 Village Marine The department has received a State E~vironmental Quality Review letter of coordination from the Southold Town Planning Board for the above referenced action. The department has accepted the Planning Board as lead agency in the review. A Notice:of Determination of Significance or Acceptance of a Final Environmental~ Impact Statement must be issued before the department can issue any permits to Vililage Marine. The department is'in receipt of a Notice of Negative Determinatioin of Significance from the Town of Southold Board of Appeals; however as it has become evident that a coordinated review was not done, the department has now agreed to participate in the required coordinated review. (The action is in a critical environmental area and has been classified a type I action, which requires coordination.) Please call me with any questions. Sincerely, Karen Munze Senior Environmental Analyst KAM/nw CC: Village Marine Town oflS~ut~old Planning Board Tow~ oflSqut~old B~ard Of Appeals Fil~ APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. .loseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD May 15, S,E.Q.R.X. TYPE ZZ 1990 SCO'I'I' L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Teiephone (516) 765-1800 Appeal No. 3938 Project/Applicants: County Tax Map No. Location of Project: Village Marine 1000- 122-3-15.l 175 Bay Ave., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to enlarge marina building and instal] boat rack (outside) This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is :excluded as an involved agency. This determination shall not, however, affect any other agency's interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. mc TRUSTEES John M. Bredemeyer, HI, President Henry P. Smith, Vice President Albert J. Kmpski, Ir. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCOTT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 June 11, 1991 Land Use 2576 Sound Avenue Baiting Hollow, N.Y. 11933 RE: Village Marine Permit ~10-88-122-3-15.1 Dear Ms. Lachenmeyer: The following actions were taken by the Southold Town Board of Trustees on June 6, 1991: RESOLVED that the Southold Town Board of Trustees approve the request for an extension to permit #~0-88-122-3-15.1 to expire on April 28, 1992. If you have any questions, please do not hesitate to contact this office. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt STATE OF NEW YORK DEPARTMENT OF' STATE ALBANY. N.Y. 12231 April 25, 1986 Mr. Charles W. Bowman The Land Use Company P.O. Box 361 Wading River, NY 11792 Re: F-86-054 U.S. Army Corps of Engineers/NY District Permit Application#86-250-L2 Village Marine, Town of Southold Dear Mr. Bowman: The Department of State has completed its evaluation of your Federal Consis- tency Assessment Form and certification that the above proposed permit activity complies with New York State's approved Coastal Management Program, and will be conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification subject to the following condition: The proposed bulkhead shall be placed above the line of spring high water (SHW) as indicated in the attached letter, dated April 17, 1986, to the Department of State. This concurrence is without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits, and approvals required under existing State statutes. A copy of this decision has been sent to the Corps of Engineers with a copy of your April Enclosures GRS:DEB:dlb CCC 17, 1986 letter and its attac~ed site plan. Coastal Programs Administrator Alex Lechich, COE/NY (w/enclosures) Charles Hamilton, NYS DEC/Region I (w/enclosures) Henry P. Smith, Southold Board of Trustees (w/enclosures) HENRY P. SMITH, President JOHN M. BREDENIEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN M. LARSEN BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 25, 1986 TELEPHONE (516) 765-1892 Mr. Glenn E. Just Land Use Company Route 25 A Box 2521 Wading River, New Yonk 11792 Dear Mr. Just: The regular No. 349 following action was taken by the Board of Trustees at their meeting held on April 24, 1986 regarding the Wetland Application on behalf of Village Marine. Moved by Trustee Smith seconded by Trustee Bredemeyer WHEREAS, the Land Use Company on behalf of Village Marine applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 19, 1986 , 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 April 24, 1986 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 considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and 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 Land Use Company on behalf of Village Marine be and hereby is granted permission to construct approximately 275' of timber bulkhead at or abovethe MHW line along the edge of an eroded DanK. Fill- from an upland site will De trucked in and place behind the bulkhead. Property is located on Bay Avenue, Mattituck. This permit is grante~ under the provisions of the Wetland Ordinance of the Town o~ Soutno±a. This permit will expire on April 24, 1987 if work has not commencea by same. There are two inspections required and the Trustees are to be notified upon completion of the work. -2- There is a $5.00 Wetland Inspection fee now due and payable. Upon remittance youre permit will be forwarded by mail. HPS: ip dc: Very truly yours, Henry P. Smith, Presidsnt Board of Town Trustees Ilene Pfifferling Clerk to Trustees Southold Town Building Dept. Commissioner Henry G. Williams, D.E.C., Albany Charles Hamilton, D.E.C., Stony Brook Army Corps of Engineers Trustees file Public Notice US Army Cor~ of Engirteer~ Now York OIstrlct 26 Fecl®r~l P~azs New York, N.Y. 10278 ATTN: REGULATORY BRANCH in replytng refer Public Notice NO-12545-86-250-T,2 Published.Ma.c 4 1986 Expires?~r 2 1986 To Whom It Hay Concern: This District has received an application for a Department of the Army permit pursuant to /X-~ Section 10 of the River and Harbor Act of 1899 (33 U,S.C. 403); /__~ Section 404 of the Clean Water Act (33 U,S,C. 1344), APPLICANT: Village Marine Bay Avenue Mattituck, New York 11952 ACTIVITY: WATERWAY: LOCATION: Bulkhead construction and backfill James Creek, Great Peconic Bay Mattituck, Town of Southold, Suffolk County, New York A detailed description and plans of the applicant's activity are inclosed to assist in. your review, The decision whether to issue a permit will be based on an evaluation of the probable impact including cumulative impacts of the activity on the public interest, That decision will reflect the national concern for both protection and utilization of important resources, The benefit which reasonably may be expected to accrue from the activity must be balanced againBt its reasonably foreseeable detriments, Ail factors which may be relevant to the activity will be considered including the cumulative effects thereof; among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality, energy needs, safety, food production and, in general, the needs and welfare of the people. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE, otherwise it will be presumed that there are no objections to the activity. Any person may request, in writing to the district engineer, before this public notic., expzres, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, with particularity, the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and. bears the same weight as that furnished at a public hearing. NANY FL-129 Regulatory Branch Public Notice NO.12545-86-250-L2 Pursuant ~o Section 7 of the Endangered Species Act (16 U.S.C. 1531) and based upon a review of the latest published version of the threatened and endangered species listing, a preliminary determination is that the activity under consideration will ~ot affect those species listed or their critical habitat. Based upon a review of the latest published version of the National Register of Historic Places, there are no known sites eligible for or included in the Register within the permit area. Presently unknown archeological, scientific, prehistorical or historical data may be lost by work accomplished under the required permit. Reviews of activities pursuant to Section 404 of the Clean Water Act will include application of the guidelines promulgated by the Administrator, U.S. Environmental Protection Agency, under authority of Section 404(b) of the Clean Water Act and the applicant will obtain a water quality certificate or waiver from the appropriate state agency in accordance with Section 401 of the Clean Water Act prior to a permit decision. Pursuant to Section 307(c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1456(c)), for activities under consideration that are located within the coastal zone of a sta=e which has a federally approved coastal zone management program, the applicant has certified in the permit application that the activity complies with and will be conducted in a manner that is consistent with the approved state coastal zone management program. By this public notice, we are requesting the state's concurrence with, objection to, or waiver of the applicant's certification. No permit decision will be made until one of these actions occur. For activities within the coastal zone of New York State, the applicant's certification and accompanying information is available from, and any comments on, should be addressed to the New York State Department of State, Division of Local Government and Community Services, Coastal Management Program, 162 Washington Avenue, Albany, New York 12231 Telephone (518) 474-5063. In addition to any required water quality certificate and coastal zone management program concurrence, the applicant has obtained or requested the following governmental authorizations for the activity under consideration: New York State Department of Environmental Conservation Tidal Wetlands Town of Southold Wetlands Permit It is requested that you communicate the foregoing information concerning the activity to any persons known by you to be interested and who did not receive a copy of this notice. If you have any questions concerning this application, you may contact this office at t 'eph%nc (212) 264~913 and ask for Mr. Alex Lechich. Permit 2 Incls: 1. Description of Work 2. Drawing(s) F.H. Griffis Colonel, Corps of Engineers Distrlct Engineer NANY FL-129-1 ~,~y 83 PAGE 3 COMPLETED APPLICATIONS PROJECT DESCRIPTIONS ENB-- REGION 1 REGION 1 REGION 1S REGION 1N NASSAU COUNTY 80 Waterfront Ltd. 4042 Austin Blvd. Island Park, NY tt558 Majestic Marina 217 Woodcleft Ave. Freepod, NY 11520 SUFFOLK COUNTY W. G. Rafferty 795 Prospect Ae. W. Hartford, CT 06105 Peter G. Peterson 237 Park Ave. New York, NY t00t7 Village Marina by Land Use Company 2576 Sound Avenue Baiting Hollow,NY tt933 includes: Nassau & Suffolk Counties. For information regarding any application notice in Region 1, contact the following: DEC Bldg. 40, SUNY Campus, Stony Brook, NY 11794 Suffolk County Health Dept., County Center, Riverhead, NY 11901 Nassau Co. Health Dept., 240 Old Count~7 Rd., Mineola, NY 11501 (516)751-7900 (516)548.3319 Ext. 568 (516)535.3313 Last Filing Date The applicant proposes to dredge a 220 fl, by 365 ft. marine facility to a depth of five feet at mean iow water using a barge with crane and clamshell; 5,000 cu. yds. af spoil will be removed Dy barge and disposed of in an upland area. Sediment analysis should be acne before dredging takes place. The project is located an the southwes1 corner of Waterfront Blvd. and Beach Ave,. Island Park, Town of Hempstead, Nassau County. NCTM 43-t9-263 & 264. SHPA--2 Permit: Tidal Wetlands, Water Quality, and Protection of Waters UPA--t0-89-0437 CONTACT: Susan Ackerman The applicant proposes to construct above mean high water. 80 ft. of navy bulkhead and backfill with 25 cu. yds. clean upland fill, There is no dredging associated with this project. The project is located on Woodcleft Bay, Woodcleft Ave., Freepod, Town of Hempstead, Nassau County. Permit: Tidal Wetlands, Protection of Wafers and Water Quality UPA--t0-89-0484 CONTACT: Marilyn E. Peterson 6/16/89 6/t6/89 The applicant proposes the renovation of an existing garage/apartment, and the construction of a 400 sd. ft. addition on SOhO tube piers, No excavation will be done except for piers and septic system. The addition will be 65 feet from Freshwater Wetlands, and the septic system will be approximately t00 feet from the wetland. The project is located on Fishers Island - Middle Farms Pond, Town of So~utbold, Suffolk County. SCTM t000-003-7-5. SHPA--2 Permit: Freshwater Wetlands UPA--t0-89-0558 CONTACT: Susan Ackerman The applicant proposes the construction of a timber retaining wall and stairway in order to redesign lawn area and driveway. All improvements will occur in areas of existing lawn or existing driveway. All driveway and parking areas will be constructed of permeable materials. No naturally vegetated areas will be disturbed during construction. The proiect is located on Fowler Street, Phillips Pond. Town of Southampton. Suffolk County. SCTM 904-30-1-60.002 SHPA--2 Permit: Freshwater Wetlands UPA--10-89-0647 CONTACT: Susan Ackerman The applicant has revised plans previously noticed on 1/26/89. The applicant now proposes to remove existing 26 ft. by 36 ft. metal building and construct a 40 ft. by 60 ft. boat repair and storage building and an 8 ft. by 40 ft. equipment storage building at the Village Marine located at t 75 Bay Avenue, Maftituck. The proposed building location is 27 ft. landward of an existing bulkhead and requires a 48 ft. variance fro the regulated 75 ft. setback, The proiect is located in the Town ct SouthoJa, Suffolk County. SHPA--2 Permit: Tidal Wetlands UPA--10-88-1869 CONTACT: Katy Murphy 6/16/89 Office S~QR 3B 3B WH-~R£A$, tAere wa~ duly presented and ~nt~oduced to Leg~s!a~u~e ac a :~gular ~etlng held on . ..... ~D, ~ha: ~a~d !oca~ law be enacted in final form as ~OLLow~: a~ve~sely a~ec~ the public o~ pt irate 4~1 ~ln9 ~tec s~ply constitute a t~reat to the public 3.) ~t ~e v~etatioa a~d ~a~na of tht~. land constitute Therefore, ~hm pur~me o~ ~hia la~ ii to expand t~e ~s~antLally contiquoul to ~ch are~ will be consideced as the N~ YO~ STAT~ gNVX~E~ QUALITY R~I~ ACT (S~QRA), and ~caL ~cCion T~. ~int~lO~l. (~) are dzrect[y undertaken by an agency: o~ Sectzon 37-7(A} o~ ~he SUFFOLK COUNTY CHARTZ~ i~ hereby ~en~ud by t~ A. The following l&nde within the County of Suffolk, as mo environmental areas p~rmuanc 9.) ~'a~ bays ee~ o~ .=he,,, m~u~l~ o~ t~e ;econ£c ~t~ve= t,o , ~ncludln~ ~ [$~d ~und~ ~ht ~nd ~nea~ the Days, and all la law ahall not ap~ tO the ~ol~o~nq %.) ~eplac~nc ota ~ac~lity, ~n k~nd, on t:he s~e a~te uniee 3.) ~r~cu l~ura~ far~ ~e~n~ pt'aczLces lnc~udi ~a~ng~ 4.) repavtn9 off exiatXn9 high.ye not [nvol~[nq the addictoC new trave[ lane~! $.] a~reet o~n~nge ~or ~he purpose o£ ~epatr or maincenance ~oads, and high~&ys; APPEALS BOARD MEMBERS Gerard P. Gochringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dirdzio, Jr. Robert A. Villa Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 October 16, 1991 Ms. Karen Munze, Sr. Env. Analyst N.Y.S. Department of Environmental Conservation Building 40 - SUNY Stony Brook, NY 11790-2356 Re: Your Communications of October 10, 1991 NYSDEC Permit 91-4738-00341/00001-0 (Village Marine) Dear Ms. Munze: We are in receipt of your October 10, 1991 communications in the above matter, and pursuant to our telephone conversation today, we would like to clear any misunderstanding or misinformation that may have been reflected in any of the permit files concerning a SEQRA declaration made by the Board of Appeals in the above matter. The Board of Appeals has declared the setback variance application to be a "Type II" action {similar to exempt actions relative to setbacks, which is the same rule applicable to the Suffolk County Critical Environmental Area, Section 4(2) thereof}, although the Town Trustees and NYS DEC were not Type II actions, having previously determined Negative Declarations under SEQRA in 1988-89 and notice in the Environmental Bulletin. (It was later, in April 1990, that a setback variance with the Board of Appeals was applied for and later processed.) In any event, our department is not an involved agency at this time but wish to be included as an interested agency. For your file and information, we are enclosing the following: a) copy of our Type II Declaration adopted by the Board of Appeals; b) copy of Town Trustees approval (and recent extension); c) copy of communications concerning the bulkhead proposed during 1986 from the NYS Department of State; d) copy of the Environmental Bulletin publication (1989) concerning a DEC Permit pending under #10-88-1869. e) copy of Section 37-7(A) of the Suffolk County Charter (CEA) effectuated in March 1989. Thank you for your courtesies. Very truly yours, Linda Kowalski Enclosures cc: Southold Town Trustees Southold Town Planning Board New York State Department of Environmental Conservation Building 40--SUNY, Stony Brook, New York 11790-2356 (515) 751-1389 Land Use Company 2576 Sound A~e~ Baiting Holldw; N~ 11933 Attn: Tanyai ilLachenmeye~i October 10, RE: NYSDEC Permit Application #1-4738-00341/00001-0 Village Marine ~Thomas C. JoHIng Commissioner Dear Ms. Lachenmeyer: The department has received a State EDvironmental Quality Review letter of coordination from the Southold Town Planning Board for the above referenced action. The department has accepted the Planning Board as lead agency in the review. A Notice of Determination of Significance or Acceptance of a Final Environmental Impact Statement must be issued before the department can issue any permits to Village Marine. The department is'in receipt of a Notice of Negative Determination of Significance from the Town of Southold Board of Appeals~ however as it has become evident that a coordinated review was not done, the department has now agreed to participate in the required coordinated review. (The action is in a critical environmental area and has been classified a type I action, which requires coordination.) Please call me with any questions. Sincerely, Karen Munze Senior Environmental Analyst KAM/nw cc: Village Marine Town of Sout~old Planning Board Town of Southold Bgard of Appeals File APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD TYPE II May 15, 1990 ..... ACTION DECLARATION SCOTr L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Teiephone (516) 765-1800 Appeal No. 3938 Project/Applicants: County Tax Map No. Location of Project: Village Marine 1000- 122-3-15.1 175 Bay Ave., Mattituck, NY Relief Requested/Jurisdiction Before This Board in this Project: Permission to enlarge marina building and install boat rack (outside) This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law ~44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been s~bmitted with the subject application indicating that no significant adverse environmental effects are likely to occur should be project be implemented as planned. It is determined that this Board's area of jurisdiction concerning setback, area or lot-line variances determines this application to fall under the established list of Type II Actions. Pursuant to Section 617.2jj, this Department is ~excluded as an involved agency. This determination shall not, however, affect any other agency,s interest as an involved agency under SEQRA 617.2jj. For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at {516) 765-1809. mc TRUSTEES John M. Bredemeyer, IH, President Hemy P. Smith, Vice President Albert J. Krupsld, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR SCO'IT L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 June 11, 1991 Land Use 2576 Sound Avenue Baiting Hollow, N.Y. 11933 RE: Village Marine Permit 910-88-122-3-t5.1 Dear Ms. Lachenmeyer: The following actions were taken by the Southold Town Board of Trustees on June 6, 1991: RESOLVED that the Southold Town Board of Trustees approve the request for an extension to permit ~i0-88-122-3-15.1 to expire on April 28, 1992. If you have any questions, please do not hesitate to contact this office. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB:jmt STATE Of NEW YORK DEPARTMENT Of STATE ALBANY. N.Y. ~2231 April 25, 1986 Mr. Charles W. Bowman The Land Use Company P.O. Box 361 Wading River, NY 11792 Re: F-86-054 U.S. Army Corps of Engineers/NY District Permit Application#86-250-L2 Village Marine, Town of Southold Dear Mr. Bowman: The Department of State has con~oleted its evaluation of your Federal ~nsis- tency Assessment Form and certification that the above proposed permit activity complies with New York State's approved Coastal Management Program, and will be conducted in a manner consistent with this program. Pursuant to 15 CFR Section 930.63, and based upon the project information submitted, the Department of State concurs with your consistency certification subject to the following condition: The proposed bulkhead shall be placed above the line of spring high water (SHW) as indicated in the attached letter, dated April 17, 1986, to the Department of State. This concurrence is without prejudice to, and does not obviate the need to obtain all other applicable licenses, permits, and approvals required under existing State statutes. A copy of this decision has been sent to the Corps of Engineers with a copy of your April 17, 1986 letter and its attac~ed site plan. ~o~al ~rograms Administrator Enclosures GRS:DEB:dl b cc: Alex Lechich, COE/NY (w/enclosures) Charles Hamilton, NYS DEC/Region I (w/enclosures) Henry P. Smith, Southold Board of Trustees (w/enclosures) HENRY P. SMITH, President JOHN M. BREDEMEYER, Vice-Pres. PHILLIP J. GOUBEAUD ALBERT KRUPSKI, JR. ELLEN i'd. LARSEN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold. New York 11971 April 25, 1986 TELEPHONE (516) 765-1892 Mr. Glenn E. JuSt Land Use Company Route 25 A Box 2521 Wading River, New Yo~k 11792 Dear Mr. Just: The regular No. 349 following action was taken by the Board of Trustees at their meeting held on April 24, 1986 regarding the Wetland Application on behalf of Village Marine. Moved by Trustee Smith seconded by Trustee Bredemever WHEREAS, the Land Use Company on behalf of Village-Marine applied to the Southold Town Trustees for a permit under the provisions of the Wetland Ordinance of the Town of Southold, application dated January 19, 1986 , 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 Tow~ Trustees with respect to said application on April 24, 1986 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 considered all testimony and documentation submitted concerning this application; and it is noted for the record that there has been no public opposition; and 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 Land Use Company on behalf of Village Marine be and hereby is granted permission to construct approximately 275' o~ timDer bulkhead at or abovethe MHW line along the edge of an eroaed bank. Fill- from an upland site will De truc~ea in and place De,ina the DulKneaa. Property is located on Bay Avenue, Mattituck. This permit ls grantea under the provisions of the Wetland Ordinance of the Town"o£ Sout~ola. This permit will expire on April 24, 1~'7 if work has not commencea by same. There are two inspections required and the Trustees are to be notified upon completion of the work. -2- There is a $5.00 Wetland Inspection fee now due and payable. Upon remittance youre permit will be forwarded by mail. HPS:ip dc: Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfifferling Clerk to Trustees Southold Town Building Dept. Commissioner Henry G. Williams, D.E.C., Charles Hamilton, D.E.C., Stony Brook Army Corps of Engineers Trustees file Albany US Arrny Corm of Engine~r~ New York District 26 Federal Plaza New York, N.Y. 10278 ATTN: REGULATORY SRANCH Public Notice Public Notice No.12545-86-250-L2 Published?ar 4 1986 Expires:Apr 2 1986 To Whom It May Concern: Thls District has received an application for a Department of the Army permit pursuant to /X-7 Section 10 of the River and Harbor Act of 1899 (33 U.S.C. 403); /__.~ Section 404 of the Clean Water Act (33 U.S.C. 1344). APPLICANT: Village Marine Bay Avenue Mattituck, New York 11952 ACTIVITY: WATERWAY: LOCATION: Bulkhead construction and backfill James Creek, Great Peconic Bay Mattituck, Town of Southold, Suffolk County, New York A detailed description and plans of the applicant's activity are inclosed to assist in. your review. The decision ~ahether to issue a permit will be based on an evaluation of the probable i~act including cumulative impacts of the activity on the public interest. That decision ~lll reflect the national concern for both protection and utilization of important resources. The benefit which reasonably may be expected to accrue from the activity must be balanced against its reasonably foreseeable detriments. All factors which may be relevant to the activity will be considered including the cumulative effects thereofl among those are conservation, economics, aesthetics, general environmental concerns, wetlands, cultural values, fish and wildlife values, flood hazards, flood plain values, land use, navigation, shoreline erosion and accretion, recreation, water supply and conservation, water quality~ energy needs, safety, food production and, in general, the needs and welfare of the people. ALL COMMENTS REGARDING THE PERMIT APPLICATION MUST BE PREPARED IN WRITING AND MAILED TO REACH THIS OFFICE BEFORE THE EXPIRATION DATE OF THIS NOTICE, otherwise it will be presumed that there are no objections to the activity. Any person may request, in writing to the district engineer, before this public notic., exp%res, that a public hearing be held to collect information necessary to consider this application. Requests for public hearings shall state, with particularity, the reasons why a public hearing should be held. It should be noted that information submitted by mail is considered just as carefully in the permit decision process and-bears the same weight as that furnished at a public hearing. NANY FL-129 ~ 83 Regulatory Branch Public Notice No.12545-86-250-L2 Pursuant to Sec:ion 7 of the Endangered Species AcC (16 U.S.C. 1331) and based upon a review of the la:est published version of the threatened and endangered species listing, a preliminary determination is that the activity under consideration will not affect those species lis:ed or :heir critical habitat. Based upon a review of the laces: published version of the National Regis:er of Historic Places. there are no known sites eligible for or included in the Register within the permit area. Presently unknown archeological, scientific, prehistorical or his:orical data may be lost by work accomplished under the required perml:. Reviews of activi:ies pursuan: to Section 404 of the Clean Water Ac: will include applica:ion of the gUidelines promulgated by :he Administra:or. U.S. Environmental Pro:et:ion Agency. under authority of Section 404(b) of the Clean Water Act and the applicant will obtain a wa:er quality certifica:e or waiver from :he appropriate state agency in accordance with Section 401 of the Clean Wa:er Act prior to a permi: decision. Pursuant to Section 307(c) of the Coastal Zone Management Act of 1972 as amended (16 U.S.C. 1456(c)), for activities under consideration that are located within the coastal zone of a s:ate %fnich has a federally approved coastal zone ~nagemen: program, :he applican: has certified in the permit application :ha: the activi:y complies with and will be conducted in a manner :hat is consis:en: wi:h the approved state coastal zone management program. By :his pablic notice, we are requesting the state's concurrence with, objection :o, or waiver of the applicant's certification. No permit decision will be made until one of these actions occur. For activi=ies within the coastal zone of New York State~ the applicant's certification and accompanying lnfor~ation is available from, and any comments on, should be addressed to the New York Sta:e Departmen: of S=ate, Division of Local Government and Community Services, Coastal Management Program, 162 Washington Avenue, Albany, New York 12231 Telephone (518) 474-5063. In addition to any required wa:er quality certificate and coastal zone management program concurrence, the applicant has obtained or requested the following governmen:al authorizations for the activity under consideration: New York State Department of Envir0nmenta] Conservation Tidal Wetlands Town of Southold Wetlands Permit It is reques:ed that you communicate the foregoing informa=ion concerning the activity to any persons known by you to be ln=erested and who did no= receive a copy of this notice. If you have any questions concerning this application, you may contact this office at t 'ephone (212) 264~913 and ask for Mr. Alex kecbicb. Permit 2 Incls: 1. Description of Work 2. Drawing(s) F.H. Griffis Colonel, Corps of Engineers District Engineer NANY FL-129-1 PAGE 3 COMPLETED APPLICATIONS PROJECT DESCRIPTIONS ENB-- REGION 1 REGION 1 REGION lS REGION 1N NASSAU COUNIY 80 Waterfront Ltd. 4042 Austin Blvd. Island Park, NY 11558 Majestic Marina 2 t 7 Woodcleff Ave. Freeport, NY tt520 SUFFOLK COUNTY W. G. Rafferty 795 Prospect Ae. W. Hartford, CT 06105 Peter G. Peterson 237 Park Ave. New York, NY 10017 Village Marina by Land Use Company 2576 Sound Avenue Baiting Hollow,NY t t933 Includes: Nassau & Suffolk Counties. For information regarding any application notice in Region 1, contact the following: DEC Bldg. 40, SUNY Campus, Stony Brook, NY 11794 Suffolk County Health Dept., County Center, Riverhead, NY 11901 Nassau Co. Health Dept., 240 Old Country Rd.. Mineola, NY 11501 (516)751-7900 (516)548-3319 Ext. 568 (516)535-3313 Date The applicant proboses to dredge a 220 ft. by 365 fi. marine facility to a depth of five feet at mean Iow water using a barge with crane and clamshell; 5,000 cu. yds. of spoil will be removed by barge and disposed of in an upland area. Sediment analysis should be acne before dredging takes place. The project is located on the southwest corner af Waterfront Blvd. and Beach Ave.. Island Park, Town of Hempstead, Nassau County. NCTM 43-t9-263 & 264, SHPA--2 Permit: Tidal Wetlands, Water Quality, and Protection of Waters UPA--t0-89-0437 CONTACT: Susan Ackerman The applicant proposes to construct above mean high water, 80 ft. of navy bulkhead and backfill with 25 cu. yds. clean upland fill. There is na dredging associated with this project, The project is located an Woodclett Bay, Woodcleff Ave., Freeport, Town of Hempstead, Nassau County. Permit: Tidal Wetlands, Protection of Waters and Water Quality UPA--10-B9-0484 CONTACT: Marilyn E. Peterson 6/t6/89 6/16/89 The applicant proposes the renovation of an existing garage/apartment, and the construction afa 400 sq. ft. addition on sano tube piers. No excavation will be dane except for piers and septic system. The addition will be 65 feet from Freshwater Wetlands, and the septic system will be approximately I00 feet from the wetland. The project is located on Fishers Island - Middle Farms Pond, Town of Southold, Suffolk County, SCTM t000-003-7-5. SHPA--2 Permit: FrOst'water Wetlands UPA--t0-89-0558 CONTACT: Susan Ackerman The applicant proposes the construction of a timber retaining wall and stairway in order to redesign lawn area and driveway, All improvements will occur in areas of existing lawn or existing driveway. All driveway and parking areas will be constructed of permeable materials. No naturally vegetated areas will be disturbed during construction. The project is located on Fowler Street, Phillips Pond, Town of Southampton, Suffolk County. SCTM 904-30-1-60.002 SHPA--2 Permit: Freshwater Wellands UPA--10-89-0647 CONTACT: Susan Ackerman The applicant has revised plans previously noticed on 1/26/89. The applicant now proposes to remove existing 26 ft. by 36 ft. metal building and construct a 40 ft. by 60 ft. baal repair and storage building and an 8 ff. by 40 ft. equipment storage building at the Village Marine located at t 75 Bay Avenue, Maftituck. The proposed building location is 27 ft. landward of an existing bulkhead and requires a 48 ft. variance fro the regulated 75 ft. setback. The project is located in the Town af Southold, Suffolk County. SHPA--2 Permit: Tidal Wellands UPA--'I0-88-t869 CONTACT: Katy Murphy 6/16/89 Office SEOR 3B 3B ~o. L707-8 8 R£$OLUTION NO. - L988, ADOPTINQ LOCAL LAW NO. YEAR 1988, A dHARTER LAW TO £×PAND THE DESIGNATION OF C.qITICAL ENVIRONMENTAL AREA (PECONIC BAY) La~d on Tao[e 7/!2/8~ Leg~s!a~ur~ a~ ~ :~gular ~ting held on Z.) ~haC any develo~eac of portions of 'this land mign probation/ and sensiuivo land ~t~l~ ~he ~uflty of Suffo~ al a critlca~ area of under the N~ YO~ STATE ENV~E~ QUALITY R~Z~ ACT (S~QRA), and 22-1985, thereby inCvea~ing ~o ~lkliihood ~hat ~nvi~o~ntal L~act w%ll have to be pre~aNed fo~ p~oject~ and/or actions c~nced ~tion T~. (~) are directly undertaken by an agent; or (~1} %evOlve funding by an agency; o~ Section Three. ~xpansion o~ Critical Environmental kr,~a. $3 ?-7 Tbs {ollowing lan4n within the County of Su{~olk, 4s ~o lncludlnq ~ Za~d ~undf the ~nd ~neae~ tn, e baysr, and all la: law shill not a~ to the ~O~O~ng actions, 3.) ~riCu ltural farm ~e~nt p~actices include 4. ) ~'epavln9 of axlmtl~g high,~ays not invo].;lng the addicioK new tcavel lanes; 5.) etreet o~ninga for the pu~ae of cepaLr o= maLncenanCe existing utility facilities; ~oads, and h&gh~ays; 7. ) public OC p~ivace ~oreSc-~nagement ptact~ce~ ochec =~an $OmHOLO TOWN PLANNING BOARO LEAD AGENCY COORDINATION RESPONSE t','t H This letter re~ponds to your communiCation of _l[~ff¢~/~,- ~:~,~//, regarding lead agency coordination fo.,' the above-noted project, under Article $ (State Environme..tal Quality Review - SEQR) of the Environmental Conservation Law and 6 NYCRR Part 617, The Departmel~t has the following interest in this project; SEQR Classification: [~] Type I [ ] Unlisted DEC Position: Based on the information provided: DEC has no objection to your agency assuming lead agency status for this action. [ ] DEC wishes :o assume lead agency status for this action. [ ] DEC needs additional irdormation tn order to respond (~ee comment~). [ ] DEC cannot be lead agency because it has no jurisdiction in this action. Comments: [ ] see attached [ ] none if you do not concur with the DEC pofiition indicated above, please contact this office ~o resciv~ designatior, of lead agency within thc time allowable under Part 617. Please fee! free to contact this office for further information or discussion. Sincerely, ,, ce: (attach distribution list) Land Use October 9, 1991 Board of Town Trustees Town of Southold Town Hall, 53095 Main Road P.O. Box 728 Southold, N.Y. 11971 Attn: Ms. Valerie Scopez Re: Application by Village Marine Mattituck, New York Dear Ms. Scopez: As promised in my 10/1/91 letter, enclosed please find (9) copies of the revised site plan for the project as referenced above. Should you have any questions or require additional information, kindly contact this office at your earliest convenience. Very truly yours, Tanya Lachenmeyer~ TL/cf enclosure SOUTHOLD 1'OWN [~NNING BOARD 2576 Sound Avenue · Baiting Hollow, NewYork . 11933 (516) 727-2400 · FAX (516) 727-2605 Land Use 3une 3, 1991 Board of Town Trustees Town of Southold Town Hall, 53095 Main Road P.O. Box 728 Southold, N.Y. 11971 Attn: Jill Re: Village Marine - Mattituck Permit No. 10-88-122-3-15.1 Dear Jill: Please be advised that the above noted permit expired on 4/28/91. As we have not yet received NYSDEC approval for said project, kindly extend your agency's authorization of same. Should you have any questions, please don't hesitate to contact this office at your convenience. Very truly yours, TL/cf enclosure 2576 Sound Avenue · Baiting Hollow, NewYork · 11933 (516) 727-2400 · FAX (516) 727-2605 -( FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SO[ri'HOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 November 7, Mr. Robert A. Greene Alternate Regional Permit Administrator New York State D.E.C. Bldg. 40, SUNY, Room 219 Stony Brook, New York 11794 1988 Re: Village Marine Dear Mr. Greene: App. No 677 ~D,\cx. tq; ~t Please be advised that this office has received a partial application in the above referenced matter. Pursuant to the Code of the Town of Southold, the Board of Town Trustees will not act upon an application until it is deemed complete by the submission of documentary proof that all other necessary permits and approvals have been received. Please keep this office informed of your progress in this matter. We wish to be involved in your environmental review under the S.E.Q.R.A. Legislation. Feel free to contact this office at (516) 765-1932 should you have any questions in regard to this matter. Very truly yours, Frank A. Kujawski, Jr., Pres. Board of Town Trustees FAK: jas cc: Land Use. Co. for Village Marine~ C.A.C.. Board of Appeals ~' Building Dep't. - Army Corps of Engineers ~ FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN 51. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 Date: To Whom It May Concern: October 19, 1988 Attached hereto is a Short Environmental Assessment Form submitted by the Land Use Company on behalf of Village Marine for a wetland permit to construct an 8' x 40' accessory building within the existing parking area for use in equipment storage and services. Property is located at 175 Bay Ave., Mattituck. Frank A. Kujawski, Jr. President Board of Town Trustees Posted: October 19, 1988 11/29/88 Page 2 On a motion by Heather Tetrault, seconded by Daniel Kujawski, it was RESOLVED to recommend to the Southold Town Trustees approval with recommei ations of Wetland Application No. 674 of William Corwin to construct an irregular shaped wooden deck on the north and east of the single family dwelling as shown on submitted site plan. (Project shown on submitted plan was recommended by the NYSDEC.) The CAC approves with the recommendation that applicant install drywells and add naatural plantings between the lawn and wetlands. New Suffolk Avenue, New Suffolk Vote of Council: Ayes: All Motion carried. Wetland Application No. 675 of Oyster Farm Associates to dredge, enlarge, and bulkhead existing marine basin was tabled by the Council. The Council has serious reservations concerning the project. Also it would like to consider the project as a whole, not segmented, other Departments may have some influence on the project as a whole. On a motion by John Tutill, seconded by Bruce Loucka, it was RESOLVED to recommend to the Southold Town Trustees disapproval of Wetlan¢ Application No. 676 of Gus Wade to install a 65' x 8' (clear) prefabricat~ steel bridge to span former underwater (now filled upland) of Trustees. Bridge to be supported by concrete vertical members at each end. Approx- imately 175 c.y. of clean sand and loam fille to be trucked in and capped with 15 c.y. of gravel to create sloped "ramps" at each end. .Purpose of the bridge is to allow access to proposed house of applicant for which permission is also being requested. House will be "pedestal" type and to' have associated sanitary system, blluestone driveway, etc. All work to be as submitted plans. The CAC disapproves as it feels it is an environmentally dangerous project The Council disapproves of the proposed house in the location as proposed. Since it disapproves of the house, there is no need for the access bridge. The Council also questions the segmenting of the SEQRA process. On a motion by Bruce Loucka, seconded by John Holzapfel, it was RESOLVED to recommend to the Southold Town Trustees approval with stipula- tions Wetland Application NO. 677 of Village Marine to construct an 8' x 40' accessory building within existing parking area for use in equipment storage and services. Building to be located adjacent to existing structure. The CAC recommends approval with the recommendation that applicant install a pumpout station and that stipulates that appli- cant install catch basins . Since servicing will be done in the build- ing provisions must be made to prevent any seepage or runoff into adjacent waters. 175 Bay Avenue, Mattituck. Vote of Council: Ayes: All Motion carried. On a motion by John Holzapfel, seconded by Heather Tetrault, it was RESOLVED to recommend to the Southold Town Trustees approval with stipu- lations of Wetland Application No. 679 of Frederick ~red~--indented area 8' x 58' to 4' below MLW, to be removed and placed on owner's property. if the applicant places the spoil at l~ast 75' Budds Pond Road, Southold. ~ Vote of Council: Ayes: All Motion carried. Kruq to maintenance approximately 18 c.y. The Council approves from the edge of creek. FRANK A. KUJAWSKI, .IR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 October 19, 1988 TELEPHONE (516) 765-1892 Mr. John Holzapfel, Chairman Southold Town Conservation Advisory Southold Town Hall Main Road Southold, New York 11971 Council Dear Mr. Holzapfel: Transmitted herewith is application No. 677 for a Wetland Permit submitted by Land Use Company for Village Marine. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Frank A. Kujawski, Jr. President Board of Town Trustees FAK:hk Attachment -cc: Bldg. Dept. w.~ 1 RUSTEEs TOWN OF SOUTIIOLD ~~. 3399.; ]fain Road Phone 765-1892 ~ ~.& ~ ,q:~ ~ OARD OF TO~, TRUSTEEs ONS 1. Paid ApPlication Fee 2. Sent to C.A.c. / 3. Sent letter of incomplete application. 4. Declared Lead Agency. 5. Environmental Assessment 6. Comments from C.A. 7. D.E.c. permit. 8. Army Cor~ Permit. 9. Public Notice for Hearing. 10 Determination PAGE 3 COMPLETED APPLICATIONS PROJECT DESCRIPTIONS ENB-- REGION 1 REGION 1 REGION lS REGION 1N NASSAU COUNTY 80 Waterfront Ltd. 4042 Austin Blvd. Island Park, NY 11558 Majestic Marina 217 Woodcleft Ave. Freeport, NY 11520 SUFFOLK COUNTY W. G. Rafferty 795 Prospect Ae. W. Hartford, CT 06105 Peter G. Peterson 237 Park Ave. New York, NY 10017 Village Marina by Land Use Company 2576 Sound Avenue Baiting Hollow,NY 1t933 includes: Nassau & Suffolk Counties. For information regarding any application notice in Region 1, contact the following: DEC Bldg. 40, SUNY Campus, Stony Brook, NY 11794 Suffolk County Health Dept., County Center, Riverhead, NY 11901 Nassau Co. Health Dept., 240 Old Country Rd., Mineola, NY 11501 The applicant proposes to dredge a 220 fi. by 365 ft. marine facility to a depth of five feet at mean Iow water using a barge with crane and clamshell; 5,000 cu. yds. af spoil will be removed by barge and disposed of in an upland area. Sediment analysis should be dane before dredging takes place. The project is located on the southwesl corner of Waterfront Blvd. and Beach Ave., Island Park, Town of Hempstead, Nassau County, NCTM 43-t9-263 & 264. SHPA--2 Permit: Tidal Wetlands, Water Quality, and Protection of Waters UPA--t0-89-0437 CONTACT: Susan Ackerman The applicant proposes to construct above mean high water, 80 ft. of navy bulkhead and backfill with 25 cu. yds. clean upland fill, There is no dredging associated with this project. The project is located on Woodcleft Bay, Woadcleft Ave., Freeport, Town of Hempstead, Nassau County. Permit: Tidal Wetlands, Protection at Waters and Water Quality UPA--t0-89-0484 CONTACT: Marilyn E. Peterson The applicant proposes the renovation of an existing garage/apartment, and the construction of a 400 sq, fi. addition on sono tube piers, Na excavation will be done except for piers and septic system. The addition will be 65 feet from Freshwater Wetlands, and the septic system will be approximately I00 feet fram the wetland. The project is located on Fishers island - Middle Forms Pond, Town of So~uthold, Suffolk County. SCTM I000-003-7-5. SHPA--2 Permit: Fresf~water Wetlands UPA--t0-89-0558 CONTACT: Susan Ackefman The applicant proposes the construction of a timber retaining wall and stairway in order to redesign lawn area and driveway. All improvements will occur in areas of existing lawn or existing driveway. All driveway and parking areas will be constructed of permeable materials. Na naturally vegetated areas will be disturbed during construction, The project is located on Fowler Street, Phillips Pond, Town of Southampton, Suffolk County. SCTM 904-30-I-60.002 SHPA--2 Permit: Freshwater Wetlands UPA--t0-89-0647 CONTACT: Susan Ackerman The applicant has revised plans previously noticed on t/26/89. The applicant now proposes to remove existing 26 ft. by 36 ft. metal building and construct a 40 ft. by 60 ft. boat repair and storage building and an 8 ft. by 40 ft. equipment storage building at the Village Marine located at 175 Bay Avenue, Maftituck. The proposed building location is 27 fi. landward of an existing bulkhead and requires a 48 ft. variance fro the regulated 75 lt. setback. The project is located in the Town of Southald, Suffolk County. SHPA--2 Permit: Tidal Wetlands UPA--t0-88-1869 CONTACT: Katy Murphy (516)751-7900 (516)548.3319 Ext. 568 (516)535-3313 Last Filing Date Office SEQR 6/t6/89 I 3B 6/16/89 '1 3B 6/'16/89 I 3B Proposed Accessory Structure Village M~'ine 175 Bay ACenue Mattituck, N.Y. 11952 Scale 1" = 30' .( FRANK A. KUJAWSKI, JR., President ALBERT J. KRUPSKI, JR., Vice-President JOHN M. BREDEMEYER, III JOHN L. BEDNOSKI, JR. HENRY P. SMITH TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 November 7, Mr. Robert A. Greene Alternate Regional Permit Administrator New York State D.E.C. Bldg. 40, SUNY, Room 219 Stony Brook, New York 11794 1988 Re: Village Marine Dear Mr. Greene: 'App. No 677 Please be advised that this office has received a partial application in the above referenced matter. Pursuant to the Code of the Town of Southold, the Board of Town Trustees will not act upon an application until it is deemed complete by the submission of documentary proof that all other necessary permits and approvals have been received. Please keep this office informed of your progress in this matter. We wish to be involved in your environmental review under the S.E.Q.R.A. Legislation. Feel free to contact this office at (516) 765-1932 should you have any questions in regard to this matter. Very truly yours, Frank A. Kujawski, Jr., Pres. Board of Town Trustees FAK: jas cc: Land Use. Co. for Village Marine C.A.C. Board of Appeals-- Building Dep' t.-- Army Corps of Engineers ~. -8 eo File No. SD-90-30 Resolution No. ZSR-91-05 of the Suffolk County Planning Com~ission Pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code WHEREAS, WHEREAS, WHEREAS, RESOLVED, RESOLVED, pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, a proposed zoning action was received at the offices of the Suffolk County Planning Commission on December 5, 1990, with respect to an application of "Village Marine" (#3938) affecting premises situated on the east side of Bay Avenue approximately 140 ft. south of Main Road (N.Y.S. Rte. 25) on James Creek at Mattituck in the Town of Southold, and said application was considered by the Suffolk County Planning Commission at its meeting on January 9, 1991 and the Commission has voted to disapprove said application, Be It Therefore That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Commission, It Further That said application is disapproved for the following reasons: 1. It constitutes the unwarranted overintensification of use of premises; Be The boat storage rack will allow for an unwarranted increase in upland inventory of new and repairable boat stocks on an undersized parcel; 3. It would tend to facilitate a further increase of boat and vehicular traffic to the premises; 4. It would tend to further degrade the quality of water in James Creek; 5. On-site parking and vehicular circulation patterns appear unduly restricted and limited; and, e It would tend to establish an undesirable precedent for the unwarranted similar intensification of operations at existing marina facilities throughout the Town of Southold. Seconded by: Ayes 9 Nays 0 Abstentions 1 Motion by: Commissioner Kelley Co~mm{gsion Vote: I0 Present Dated January 9, 1991 Hauppauge, New York Suffolk County Planning Commission Commissioner Capobianco Commissioner McDonald COMMISSION ACTIONS ON ADOPTION OF RESOLUTION AYE NAY ABSTAIN NOT PRESENT MAURICE O' CONNELL ROBERT DONNELLY GEORGE R. GO~N ANTHONY YARUSSO GILBERT SHEPARD MARK MC DONALD S~UEL LLOYD L. LEE DONALD EVERSOLL Decision Motion ~ ~ ..... --" Second ~,~ .~... ,~ Vote ? Present Absent ".~ ~ ~,,~ i.'/ i,!: . File No. SD-90-30 Resolution No. ZSR-91-05 of the Suffolk County Planning Commission Pursuant to Sections A 14-14 to 23 of .the Suffolk County Administrative Code WHEREAS, pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code, a proposed zoning action was received at the offices of the Suffolk County Planning Commission on December 5, 1990, with respect to an application of "Village Marine" (#3938) affecting premises situated on the east side of Bay Avenue approximately 140 ft. south of Main Road (N.Y.S. Rte. 25) on James Creek at Mattituck in the Town of Southold, and WHEREAS, said application was considered by the Suffolk County Planning Commission at its meeting on January 9, 1991 and WHEREAS, the Commission has voted to disapprove said application, Be It Therefore RESOLVED, That the Suffolk County Planning Commission hereby approves and adopts the report of its staff as the report of the Co~m~ission, Be It Further RESOLVED, That said application is disapproved for the following reasons: 1. It constitutes the unwarranted overintensification of use of premises; 2. The boat storage rack will allow for an unwarranted increase in upland inventory of new and repairable boat stocks on an undersized parcel; 3. It would tend to facilitate a further increase of boat and vehicular traffic to the pmemises; 4. It would tend to further degrade the quality of water in James Creek; 5. On-site parking and vehicular circulation patterns appsar unduly restricted and limited; and, e It would tend to establish an undesirable precedent for the unwarranted similar intensification of operations at existing marina facilities throughout the Town of Southold. Motion by: Commissioner Kelley Seconded by: Commissioner Capobianco Comm~ssion Vote: 10 Present - Ayes Nays Abstentions Commissioner McDonald Dated January 9, 1991 Hauppauge, New York Suffolk County Planning Commission COMMISSION ACTIONS ON ADOPTION OF RESOLUTION DENNIS LYNCR FELIX 3. GRUCCI, JR. NANCY NAGLE KELLEY ELAINE CAPOBIANCO MAU~ICE 0 ' CONNELL ROBERT DONNELLY GEORGE R. GORN ANTHONY YARUSSO GILBERT SHEPARD MAR~ MC DONALD SAMUEL STAHLMAN LLOYD L. LEE STEPREN 3ONES Mu%~DOONI VAHRADIAN DONALD EVEKSOLL AYE NAY .ABSTAIN NOT PRESCOTT Decisionf Motion Second Vote Absen~ STAFF REP0~T ; SECTIONS A 14-14 to 23 OF THE SUFFOLK COUNT~ ADMINISTRAT£V'E CODE Municipality Applicant(s) Town of Southold Village Marine File Number SD-90-30 Expiration Date January 18, 1991 The Proposal and Its Location Appeal to the Board of Appeals for parking, setback and landscaping variances in connection with the erection of a building addition and boat rack for boat repair & storage purposes respectively at an existing marina situated on the east side of Bay Avenue approximately 140 ft. south of Main Road (N.¥.S. Rte. 25) on James Creek in the Marine I District (Marinas and associated uses on 40,000 sq. ft. lots) at Mattituck. Description and Analysis The proposal is to erect an 11 ft. by 102 ft. boat rack approximately 19 ft. high accommodating approx~m-tely 20 boats and a 60 ft. by 40 ft. (2,400 sq. ft.) addition onto an existing building comprising 1,502 sq. ft. at an existing marina accommodating approximately 24 boats with one (I) launching ramp on a 23,645 sq. ft. parcel which has frontages of approximately 50 ft. and 340 ft. (bulkheaded) on Bay Avenue and James Creek respectively. Au existing 36 ft. by 26 ft. metal building (936 sq. ft.) situated just east of the principal building (where the addition is contemplated) is to be removed. Premises has been used as a marina since prior to enactment of zoning in 1957. In conjunction therewith applicant seeks to diminish: side yard from 20 ft. to 3 ft. and 10 ft. for the building addition & rack respectively, rear yard from 25 ft. to 20 ft. and I0 ft. for the building addition and rack respectively, bulkhead setbacks from 75 ft. to 15 ft. and 28.5 ft. for the rack and building addition respectively, and parking from 29 spaces to 20 spaces. Applicant also seeks to waive landscaping in the front yard which is now blacktopped. It should be noted that the existing building (to remain) has side and bulkhead setbacks of 3 ft. and 30 ft. respectively. Applicant contends that such zoning actione are warranted to allow consolidation of the boats in the yard for more parking and to provide a pro:acted and heated area for boat repairs. It is the belief of the staff that said proposal is inappropriate as: 1. It constitutes the unwarranted overintensification of use of premises; The boat storage rack will allow for an unwarranted increase in upland inventory of new and repairable boat stocks on an undersized parcel; It would tend to facilitate a further increase of boat and vehicular traffic to the premises; 4. It would tend to further degrade the quality of water in James Creek; On-site parking and vehicular circulation patterns appear unduly restricted and limited; and, Tow~ of Southold 5D-90-38 Village Marine Page 2 6. it would tend to esuablish an undesirable precedent for the ur. warrauued similar intensification of operauions at existing marina facilities throughout the Tow~ of Sou~hold. Staff Recommendation Disapproval COUNTY OF SUFFOLK PATRICK G. HALPIN SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING ARTHUR H. KUNZ DIRECTOR OF PLANNING January 10, 1991 Mr. Gerard Goehringer, Chairman Tow~ of Southold Zoning Board of Appeals Main Road Southold, New York 11971 Re: Application of "Village Marine" (#3938), Town of Southold (SD-90-30). Dear Mr. Goehringer: Pursuant to the requirements of Sections A14-14 to 23 of the Suffolk County Administrative Code, the Suffolk County Planning Commission on January 9, 1991 reviewed the above captioned application and after due study and deliberation Resolved to disapprove it because of the following resons: 1. It constitutes the unwarranted overintensification of use of premises; The boat storage rack will allow for an unwarranted increase in upland inventory of new and repairable boat stocks on an undersized parcel; It would tend to facilitate a further increase of boat and vehicular traffic to the premises; 4. It would tend to further degrade the quality of water in James Creek; On-site parking and vehicular circulation patterns appear unduly restricted and limited; and, It would tend to establish an undesirable precedent for the unwarranted similar intensification of operations at existing marina facilities throughout the Town of Southold. Very truly yours, Arthur H. Kunz Director of Planning [Chief Planner GGN:mb PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 1990 1 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Fax (516) 765-1823 December 11, 1990 Carmine Grasso Glueckert and Wieber Architects 300 Wheeler Road - Suite 303 Hauppauge, New York 11788 RE: Village Marine SCTM#1000-122-3-15 Dear Mr. Grasso: The Planning Board has received the Board of Appeal's determination rendered November 29, 1990, on your request for a variance. The following changes must be made before the Board can proceed with its review of your client's site plan: Parking for ten (10) cars must be shown, one of which must be a handicapped parking space. The location and details of proposed fencing (type and location) must be shown. e Grading, including existing and proposed topography with two-foot contours (on site and two hundred (200) feet beyond the property line), together with spot locations for buildings must be shown. A drainage plan must be submitted showing drainage calculations and details of drainage structures. 5. Show location of curbing and curb cut on Bay Avenue. Show the location and listing of landscaping, buffering and street trees, including type, material, size, quantity and location. Indicate building elevations for all facades and floor plans for the proposed use of floor area. Proof of review by the Health Department is also required. The Planning Board requests a copy of the application filed with the New York Department of Environmental Conservation. If you have any questions or require additional information please contact this office. Very truly yours, Bennett Orlowski, Jr. Chairman cc: Dave Young, Village Marine Gerard P. Goehringer, Chairman, Board of Appeals John M. Bredemeyer III, President, Trustees PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G, Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 October 2, 1991 Cra~er, Voorhis & Associates, 54 N. Country Road Miller Place, New York 11764 I~lc. RE: Review of Long Environmental Assessment Form for Village Marine, E/S Bay Avenue, 140' S/O SR 25, Mattituck SCTM~ 1000-122-3-15.1 Dear Mr. Cramer: The Southold Town Planning Board hereby refers the Long Environmental Assessment Form for the above mentioned site plan to your office for review. Please develop an estimate of what it Will cost to undertake the review. Enter the cost estimate on the enclosed reply sheet, then send its facsimile to this office. If the Planning Board wishes you to proceed with the review, it will send a facsimile of a purchase order authorizing the work to be done. The actual purchase order will be sent through the mail. If there are any questions, please contact Planning Staff. Encls. Sincerely, Bennett Orlowski, Jr. /"/~"~ Chairman Bennett Orlowski, Jr., Chairman Southold Town Planning Board Main Road Southold, New York 11971 RE: EAF Review Dear Mr. Orlowski, Jr., It is estimated that the cost of application as per your letter of not exceed $ SCTM~ 1000- reviewing the above-noted · 1991 should No work in excess of that amount will be undertaken by this office unless so authorized by the Planning Board in writing. Please notify this office in writing if you wish us to undertake the review. Very truly yours, Cramer, Voorhis & Associates 617.21 Appendix A SEQR State Environmental Quality Review FULL Ef'JViRON~'IENTAL ' ASSESS~ENT FORM Purpose: The fuZl LA.r ~ des~r~ed to help apphcc, n~ and a~enc~e~ de,ermine, m an elderly manner, whud~er a ~ignificance may have Ji~de or no [ormaJ a~alysis ~naddition,~nanywhoha~e~`n~wiedg~moneparhcu~arareamaynotbea~are~f~hebroadercOncernsa~fec~in~ the question ot s~&ndicance The tull EAF ~s intended to pray,de a method wf:eteby applicants and agc'nc~es can be aSSured that the determination Full [AF Components.: The rul~ ~AF ~s compr,sed ot th[ee pa~: Pa~t 1; Provides object,ye data aad in~Ormahon about a 8~ven ~toject and ~ts S~te, By ,den[~ying basic da~a, ~t assists a ~uwe~er m the analysis ~ha~ takes place m Par[~ 2 aed 3 Part 3: If any ~m~ac: in Part 2 ~s ~dent;f~ed as potenhaJJy-lat~e, then Part 3 ~s used to evaluate whether or not the impa~[ is actually ~mportan[ DETERMINATION OF SIG,~IIFICANC£_Type 1 and Unlisted Actions Iden~y thePoHionsol ~A~ completed ~or Ihi~ projac~: ~ Part 1 ~ ParE2 ~Part 3 Upon review of th~ mformat,~n reCOrded on ~bls EAF [Parts 1 and 2 and 3 if appropriate), and any o~her supporting info~mation, arid consider,ng both tile mag~ude and ~mpo~tance ol each impact, it is reasonably determined by :he lead agency [hat ~ A. The prelect wdl not re,eh ~n ~ny large ,nd 'mpOrtant impact[s) and, therefore, ~s one which wit! have a S~gn,Hcant In~pact o~ the environment, theretore a negative declaration wiJJ be ~ B. Although the pro,eot could have a ~o~ficant effect on the enviromnenL there wdl not be a effect for tt~ Unlisted Action because the mdlgation me~su~es de~cr~bed m PAgT 3 have been required, therefore a CONDITIONED nesa~ive decla~afion will be P~epared.' ~ C, The project may result ,n one or more large and importam impacts that may have a 5isndicant on the enwronment. [here/ore a P~at/ive declaration will be prepared. ' A Condihoned Negative DeClaration ~S only valid for Unlisted Achon~ Name of Lead Agency ~ .... Print or T~pe Name el Responsible Officer in Lead Agency T~He of Re~ponsibh~ Officer 9/30/9] Date ( PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE. Thisdocumen[~sdes~.ned toass~t mdetermmiegwhether the action proposed may havea s~gnff~cantelfect on the env,ronment Please compiete the entire {cfm. Parts A through E Answers to these questions will be considered as part of the apphcation for app~o~,al and may be sublect to further veofmcation and pubhc review. Provide any addmonal in{ormatlon you behove wdl be needed to complele P3r[~ 2 and 3 It is expected that complehon ct :he tuft ~AF wdi be dependent on inio[mdtion currenHy avadable and w,II no~ involve new studies, re~eatchormvest,ua~ion Itmlotmat~o~requ~rinB~uchaddi~ion~lworklSunavadable,soindicateandspec~fy each instance NA~E OF ACTION Prcpo~ed Macine Repair~Storage B?Ildin9 175 Bay A¥onue, ?4attittlck, SHffo!k Village Marine (516 ~ ~98-5800 ADDREGS P.O. Box 1045 CFtY/PO ~TATE ] ZIP CODE Mattituc~, N.Y.I 11952 AODRE55 PLEASE SEE ATTACHED PROJECT DESCRIPTION Please Complete Each Que~,tion- indicate N.A. if not applicable A. Site Description Physical settin~ of overall project, both developed an,~/undeveloped 1 Present land use: ~Utban i'~lndustrial ,~Commerci~,l l~Forest ~Agriculture F3Other ~Residential {suburban) 2. Total acreage of p/o!ect area .54 acres APPROXIMATE ^CRE^GF Meadow or Brushland (Non*agricultural) Forested Agricultural (Includes orchards, crop,and, pasture, etc.I PRESENTLY acres acres __ acre~ Wetland (Freshwater or tidal as per Articles 24, 25 ct ECL) 0 acres Water Surface Area Q acres Unvegetated (Rock, earth or fitl] O acres Roads, buddings and other paved surfaces . l 4 _~ acres _. Otherllnd~cate typelG:'ave~ Boat SLoraqe/Pa~kinq ,~ea .40 ac~es ORurat (non-farml AFTER~:OMPLETION 0 acres · 19 acres . 35 acres 3. What,s predominant seal, type{sloe project s,re~_Rd - Riverhead Sandy Loam a. Soil dra:nage ~W'eli drained 100 % of s~te r~Moderately well drained % of s,te ~Fooriy drained % of s~te b. If any agricultural land ~s involved, how many acres of soil are classlf,ed w,th,n sod group 1 through 4 of the NYS Land Classdicauon System~ acres (See 1 NYCRR 370~ 4. Are there bedrock outcroppings on project s~tef ~Yes ~o a. What is depth to bedrockf 600~ ' (in feet] PROJECT DESCRIPTION - VILLAGE MARINE Applicant proposes construct building requires to remove e~isting 25'x 36' metal building and a 40'x 60' boat repair and storage building. Proposed location is 28.6' landward o5 the existing bulkn6ad and a 46.4' variance to the regulated 75' setback. Additionally, applicant proposes to pave, with asphalt, a 595 area landward of the existing bulkhead. As mitiqation, applicant will install drainage pools to contain stormwater runoff. '5 ^pprox~mate 9ercentage of proF, ased pro~ct .,alu wi.'h s opes ~,).10% ~ O~ . ~ % ~i~15% ~ % ~5% or greater 6. Is project s~bsta~ha!ly comlguous ~o. or cont~m a building, ~ :~, or district, Jis~ed on ~he S:a~e or Jh~ Nauonal Re,,stets of H~stonc PJaces~ ~Ye~ ~No 7. Is p¢ojecl sub$~an~ioHy conu~uou~ ~o a s~t~ i~ed on th~ Re~ster of ~,~honal Natural L~ndm~r~s~ 8. What is the depth of ~h~ water tablef 0'-8' . . ~Yes ~No 9. Is s~te located over a ~rm~ary, ~0. DO hunting, flshu',g or sheJ! fi~h.r,g oppodumues presendy exls[ m Ihe projec[ are~ ~Ves "~No 11 Does pro!ecl s,tu conta,a any species of plant or an,mai hie ~ha/ is ~denhfied as :hreater, ed Or endangeredt ~Ye~ ~No Accord,nO to Field fnspection 12. Are there any unique or unusu~i land terms on lbo project site? De. cliffs dunes, o~het 8eoJogicaj format,onsj ~Yes ~o Descnb~ . ' 13 Is [l~e project s,t~resenfly used by lhe commum~y o~ neighborhood ~s an open ~pace or recredho~ area¢ H ~es. expi~m -. 14 Does [he p~(,~ent ~e mcJude ~cemc v~ews known Jo be imporlan; to ~he com~um~y? 16. Lakes, pond% wet~a,~d ,:re~ w,thm o? coni~uou~ to project area b Size (In acre~) 17 I~ the s~e served by ex~[m~ public u~$iihest ~(es ~No aJ Ii Yes, does suilic~em capaotv e~H 1o allow connection? ~Yes ~No ,~ , b) If Yes. will ~mprovemen~s bu'necessaw Io allow connectiont ~Yes ~No t~panslon of ~xistlng use) 1~Is II~e ~ite located m an agncrkur~l/d~stnct cemfled Section 303 and 304¢ ~Yes ~No pursuant to 'A~¢icuItu~e and Ma~kel~ Law, Arude aS.AA. of the ECL, and 6 ..... ~,., ~es ~No ~Tributary to Peconic Bay) 20. Has the silo ever been u~ed for lbo disposal of solid or hazardous wastes¢~tes~No B. Project Dascrlption 1. Physical dimensions and scale of pro;ecl (¢151 in dimensions as appropriate) b ProJeCt acceage to be developed: acres ~mtialJy; _. 05 c. Project acrea8e to rema,n unde~p~d 0 . acres ,,It,mately. d. Length of project, in miles; (ii appr0pria[e] e [[ the project Is an e~pan~[)n, indicate percent of expansion proposed _ t Number ut 6lf-Hree[ porkm~ spaces exl~lin8 ... 5 ,~; proposed ~- l B M~¢~mum vehicular Inp~ 8eneraled per hour ~ (upon complehon of Multiple Famdy Gnu Famdy Two Famdy Initially UlbmateJy -- D~mensions (in feet) of largest proposed Structure J. Linear feet of frontage aiong a pub~i~ thoroughfare project will occupy *[ess Lhan 3 (' 3. W~ll d~turbed area~ b~ recla~m~d~ ~Ye~ ~No ~N/A a It y~, fm what hne~d~d purpos~ ,s [h~. s~:e being reclaimed~ b W~I ~o~od be ~ockpded for reclamanon~ ~Ye~ 0 ~Ye~ ~o :. o. ff single phase p~olec~ - n + 3 7. ff m~iu-pha~ed. c Approx~mat~ completion dale of hnal phase d i~ phas~ 1 tuncbonalty dependent on subsequent phases~ B. Wdl blasting occur d~nn~ constfuclion~ ~Ye~ ~o 5~ 0 I0 Number el j~bs eliminated by ~h~s p~ojecl ..... month year I eluding dernolihonj month ..... year. ~¥es ~No ~"es o if yes. explain 12. ts surface hquJd wa.%[e d~posal ~r. volvedf [~'Yes b. Name of water body m~o M-,~ch ~tttu~m wd/ be dl~chars~fl 14 Will surface a~ea of an e~stifl~ watel body increase or decrease by proposal{ ~Yes ~No . 15 i~ project or any portion o[ pro~ec( !eca~ed m a 1~ year flood plain~~Y 1~. Will the projecl 8enerate ~ohd waste? e a. If yes, what is the amount per mo~th ~ o __ tons c. If ye~, 8,ve name ~uthol,9 T~] ~nd~]I1 ; Ioc~tmn ~uthold, N.Y. d. Will a~ty wa~[e~ ~o~ ~o in[o a ~ewa~e dispc~al system or inlo a sanitary landfills ~Yes e. II Ye% explain 17 Wdl the project ~n,,olve a. Il yes. what ~ the ~ndclpated rate of di~po~aN . 111. W,II projec~ u~e hetb~c~d~ or pe~cide~l ~aYes _ tons/month 19 Wrll project routinely produce odors (more th~n one hour per day)/ gY,~s o 20 Wffl project produce opet~:,n~ no,~e e~ceedin~ the Io~al ambient noise levels/ ~Yes will ~4 Do~s project invol.~e Local, c, , ~,~.e or Federal fufldml~ ~Ye~ It ~e~. expl,in . colic, ns/minute. ** (existing facility - no increase needed) · ~$. ^pprovals ~equh,~d: City, Town. Vdlag~ Board ~'Fes City, Town, Vdlage Planning Board City, Town Zomng Board 'e~ City, Country Heahh Depa~t;r, ent ~'e5 ~NO Other Local A~enc~es ~'Fe~ ':~ , Other Regional Agenc~e~ State Agencies Federul Agent,es type Site P!an Approval Sanitary SyStem UFgrade N.Y.S,D.E.C. Art, 25 C. Zoning and Planning Informatlon I Does proposed aCtmn revolve a planning or ZOmna] dec~sion~ Xyes If Yes, ind,cate decision required F'lzonm8 amendment ~mzonin,3 varia~ce ~special u~e permrt What ~ ~he zoning cMs~hcaI~on(~jot the ~[et ~No E]subd~ws~on a. If yes. is existing capacity sufficient to handle projected demar,dt C]Yes ' ~,~ 12 Will the proposed achon result m the genetahon ut traffic sigmficantly above present Je~e~s~ a. I~ ~es, ~s the ex,sting road ne/work adequate to handle the additional trafflc~ ~Yes D. Informational Detalia Submittal Date 10/88 I certify that the mtormahon prowded above is true [o the best o~ ' APpliCanr/SufLQ-n,;er Name Ta,~¥a Lachenmever/Ta,.,.a ,,~ ~ my ~nowmed~. . /-~ .~. ~_ - ...... ~-e cO~nv for V~., PI,3FI~O Si-.-a~- k( ~.a,..~)% ~.-~- ~ ~- ', ~aqe ~ 9/30/n~ E. Verification Attach any add,burial inlormabon as may be needed to clar~ty your prelect, l[ there are ut may be any adverse impacts associated with ~O~rpropo~al please d~scuss such ..npacts and the measures wh~ch you propose to mittgate or avoid them ' ~Yes ~o [3No What is th~ maxm~um potential development of dhe site ~f developed us petmKted by the present ZOmngt 4 What i~ the p~oposed zo.qm~ o~ lhe sl[e~ 5. What is the ma~m~um potenha~ developmen~ ut ~he site ~t developed as permitted by the proposed _ Nar i~a 6. Is ~he prop~cd acoon ccns~slent w~h the recommended uses in adopted local land use piansl ~ye~o 7 What a~e the predominant ~and uses) and ZOmng ' · ¢' . c .~, cat on~ w,~hm a % rode tddlu~ Of proposed acoont ~isLinq oc~rO~a! develo~nt north, east & west; residential dove,up.rtl south 8. Is the proposed achun com~ahble with aDJOining, surrounding land uses within a % mdel ~Yes ~No 9. If the proposed acnon is ~he subdwision of land. how many Io~s are proposed? a What is lhe minimum Io~ size proposed? ~ 10. Will proposed action requ,re any aurho~ization(s] for the tormation of sewer or water districts? ~Y'es 1~ Will the proposed action crea~a demand for any community pro~ded services {recreation, education, police. fi,e protection)t ~Ye~ plan P,~i 2--PROJ~T L~CTS AND THEI~ ~esponsibilily of L~ad Aienc~ C~ne~al Info~malion (Re~d Carefully) · In compfeun~ the tom~ the ¢eVleWer should be guided by ~he quest,on: ttave my response~ and determmahons been re~:onabJef th~ ~v~ewer ~ no~ expected to be an exp~t~ environmental Any large u~pact mu~t ~u evaluated ,n PART 3 ~o determine significance. IdeN~il,F~n~ an ,np~c~ m column 2 simply · The E~amples PrO,,~ded Are lo ass;si the ~e~,i~et b , ~h ' , ~ o~ ng ~i'pe~ of ~mpacts and ~,herever possible the threshold of mag~tudelbat ~ou~dtr,ggera ~esponseinco~umn2 Theexample~aregener~lly apphcablethroughout~heSla~eand for mos~ s,tuahon~ ~ut. i~r any spec~f*c p~oiect or site o~her examples and..or lower ~hre~nolds ,EAy be appropriate for a Potential Large Impact ~espo~se, ~hu~ r~'qmrm~ evatuahon m Part 3 have been oHered a~ gu,daflce They do no~ consutu~e an e~hau~uve hs~ of unp~e~ an~ ' ~hrusho~ds ~o ~nswer each question. · The number of examples per quest?on does not indicate the ~mpo~tance of each quest,on e In ,dentlfy~ng impacts, consider ~on~ te~m. short term and cumlatlve eHects Instruclions {Read carefully) a. Answer each of ihe '9 qu~l~ons in PART 2 Ar, swef Ye~ ff there ~*dJ be any impact b Maybe an~wer~ ~houid be cons,dared a~ ?~s c. ~f answering Yes to a quesbon then check {be appropriate bo,[column ~ or 2) to ind~c~:u the potenual size of impact. If impac threshold equals or e~ceeds any example provided, is lower than e~mpJe, check C~umn I chuck column 2 If impact d~ oCCur but :hreshold d If reviewer h~s doub~ ~' ,-Dour s~ze el the impact [hen con~ider the m~pact a~ potent*ally large and proceed to PART 3 e. If a po{eflhaily large unpact (h~cked m column 2 can be m;~ioated by changes) in the p elect to a small to moderate ,mDacL also check ~he Yes ~ox m CO]urnn j A NO te~pon$e md~tes th~I ~uch a ~educ~ion ~s no~ possible This must be explained m Part 3 IMPACT ON LAND 1 Will :he proposed achon result m a phys;cal chan~;e ~o the prelect E]NO E]Y[S Example,, that would apply :o column 2 · Any construction on slopes et 1~% or greater, (15 foot dso pe~ 1~ foot of lengthJ, or where the general slopes in the project area ~xceed 10%. · Construction on land wh~re the d~pth to the water table is Jess 3 feet Construction of paved parking a~ea tot I,~ or more vehicles. Cons~tu~tio~ on land where bedrock i~ e po,~d et ~enetaily wdhin 3 fee~ of e~istmg ~round Sudace. Cons~rucHon that will Continue for mo~e ~han 1 year or revolve more than one phase or stage, Excavation fo~ mmmg purposes ~hal wou~d ~emov~, mo;e th~n 1,~ tons o~ natural mateual (i e., rock or soil) per year Cons{ruction m a des~na~ed floodway Other impact~ ~ 'Will there be an effect to any unique or unusual land forms found on the site? (i.e., c tis, dunes, iieological iormat OhS, elc )~NO OY£S 5pecihc land /arms ~ 1 2 3 Small lo Impact Bo Mo,3orato Largo Mitigated ,qy Impact Impact Project Change [] ~ []Yes []]]No [] [] OYes ONe [] . [] OYes ~ ~ ~Ves iMPAcT ON WATER 3 Will proposed acuon affect any wdter body des,~nated as protected~ ~NO F2YES [xampJe~ that would ~pp!y ~o column 2 DevelopaDle area oi ~ile cenlmns a protected w~er body Ored~m~ more than 1~) cubic ~d~ of m]ter~ [n~m channel of a protected stream Extension of uldily d~sthbuuan [~CI!i~iO~ through a ~to~ec[~d water body C0n~uucdon m ~ des;~na[ed ~ ,resn~,a~er or t~dal w~dand Will proposed action affect any non-protected e,qstmg or new hod. of water~ ENO EDYES Examples [hat would dpptv ~o column 2 A ~0% increase or dec(ea~ m the s~t[a~e ~[~a o[ ~ny body of water O~her ~mpacl~: 5 Wdl Propo;ed Ac/ion affect surfac~ or groundwater quali:y ot quantKy~ [xampJei that would appFt to co!utah · Proposed Action will require a (hschar~e permit · Proposed Action requires u~e of a source oi water :l~t does not have approval ~o serve proposed Proposed Action r~qu~res water )u~ ~IV ~r6~ wel~s w ~h grea~er than 45 gallons per minute pumping supply ~y~tem, Proposed Action wdl adversely a/lees ~roundwater Liquid e~fluent will be conveyed off lhe si~e to [acili(ies which presently do not ex,st or have inadequate Proposed Action would u~e wa(er m e~ce~s of 20,1A~ ~allon~ per day. P~oposed Action will hkely cause ~iJlalion or other d,~chat~e into an ex,sting body ot water to the extent thai there will be afl obvious v~sual P[oposed Action will require (he ~orase of petroleum or chemical product~ g~ealer than ~,~ gallons Proposed Action will allow ~esidential u~e~ in a[ea~ wi(hoe[ waler Proposed ACUon locales cor~rnorc~al and/o~ ifldusmal uses which may [acili[ie, Will proposed achon alter drainase flow or patterns, or surface wa[er runoft? I-INO ~yl'$ E~amples that would apply to column 2 Proposed Action Would chan~e Hood water flows 1 Small (o Moderate Impact ( Polontlal L3r~,e Impact [] 3 Can Impact Be Mitigated By ProJeCt Change L']'res I'~No ~Yes ~No b~Ye> []]No L'~ Yes i'-iNa l"!yes ENo L~'t'es ENo E]Yes ENo hour reluse per hour. to industrial I..~PACT ON PL~NTS AND Will Proposed A. ChOn at;ec~ ~nt threatened o~ en(ian~]ered 5peoe~ Reduct;on of one or more sp~c~es hsted on ~he Hew York or Federal Removal of ami poruon of .t crmcai or s~niJ~c~fl[ wddhfe habitat. Application or I:est~cide or hu~b,c,de more Than ;w~ce a year, other than for ~gncuhural Other ;mpacts:~__ 9. Wdl Proposed Action substantially affect nomd'u'eatened or non-em!ar~gered species? ~NO ~YES Ex~mple~ that would apply to cohJmn 2 Proposed Acbon wohld substantiall~ mterteru with any resident ar or ma~ure fo;~st {o~ur lC~O y,'drS Of a~e) c.r o~he~ locally important ;MPACF ON AG~ICUL'FURAL ~.HD F~SOU~qCE8 10 ',¥,]1 the ProlJo~ed Act;on ai[ect a~r~cultu~aJ J4nd resources~ ~NO L3Y[ S [xa~,~pi~ ;h.,l ~o~iJ ~pp!y tu column 2 land (includes cropland, hayfleid~, pollute, v.ne~,a~d, orchard, etcJ 1 Small to Moderate tmp:~ct [] [] 2 Potential Large Impact [] Can Impact Mitigated By Project C~hange FqNo []No E]¥es f-INo []]Yes []No F-)¥es [--lYes F'INo I'q~ es L~No [..}Yes FINe ale;tic u~tural la~'~d ' than 2 5 acres ul~ ,~f. ncuhura] land held to drain poorly due ~o increased runoitj O~het impac[~: IMPACT ON AESTH~iC RE5CURCE3 11 'will proposed achon afro,:[ aes;hetic re~Our¢-~:~ ~.".iO ~ES {If necessary, use the V,>u,d EAF Addendum m Section 61721 Appendi~ 8 J . [=ample~ [ha~ ~,uid , ' Other nnpac~s: ~ I~,~PACT ON HISTORIC AND AA!CHAEOLOO~OAL RESOURCES 12. W~II Proposed Action impact ~ny ~,te or ~t~uctore or h~stonc, pre- hiHoric or paleontological importance? ~NO Ezamples that would apply to column 2 · Proposed Action OC~umng wholly or partially within or subs[ant,ally of histol~¢ places. PrOleCl archaeological sl~es on the FlYS Site InvelHory. lu~ure open ~paces or r~'cr~'ahon~l Oppo/tumties? [~a~p]e~ ~ha~ would a~plv to Column 2 ~NO ~Y~S The permanenl fo~eclo~ore el a ~u~ufe ~ec~eati~nal opportunity Other ~mpac~s 1 Small to Moderate Impact '-7 2 Polentiat Large Impact 3 Can Impact Be Mitigatea By Project Change .es l~Yes ~:qo l~Yes I--]No ~Yes ~No ~Yes E3Y~s E}No ~¥es E}No ~Yes ~No [~Yes (' would apply [o column 2 IMPACT 0;'I :.rl:R(,ty ~2NO OYES .i ;',',e £';opo~ed Act;ont ~NO PrtZ:osed ,.cUon will produce operating r,o*~, exceedin~ the tocal Proposed Achon wdl remove natural ba;rte~ that would act a~ a noise screen. IMPACT ON PUBLIC HF..ALTH 17 '.,",'all Proposed Action atfect public J'lea~th ,',nd saiety¢ E}NO E3Y~S ~,~tmpI~'.. that would apply to column 2 * Proposed Action may cau:ie a t~sk of e',,pJo~lon or release oJ hazardou~ ~ubs~ances (~,e od. pesl~c~deL chemicalL rad~auon, etc ] m Ihe event acc,dem or upse~ comb[ions, ol ll'~e~e may be ~ chronic Iow JeveJ 10 SmaN to Modorato Potential Largo Project Change '~-~Yes i~]Yes ['-]No E]Ye~ [']Yes ~..~ No i~'~PACT ON GROWTH AND CHs~,RACTER OF COMMUi~,UTy Off NEIGHBORHOOD Will proposed actmon altec[ the ch~raclet of [~mpie~ ~ha~ woWd ;ppJy to column 2 prolec[ ~s loc~ed i~ {~keJv ~o ;~w by more ~h~n The mumc~paI budget tc~r cap,tal ~xpendm;re~ o~ opet,Hinj serwces Proposed a~t~o;1 ~HJ comhr[ w~th officially ~tdop~ed p!an~ o~ ~oais. Proposed act~on wdl cause ~ ch~n~e ,n the density ol I~nd (e.~. schools, police and fi~e, e~c ) P~oposed Action wdl set an ~mpo~an~ p~eced~nJ tot future prolec~s Preposed Act;on wdl c~eaJe or ~hmmale emp~oymem Olhet impacJ~ ..... Small to Potential Mocloralo Large Impact Impact lO i~ [here or ~s l?:ere hkel¥ lo be, pubhc cc, ntrover~¥ .'- 3 Can Impact Be Mttigatacl By Proiecl Change 1~] Yes I--]No ~Yes ~es E~'Yes L~No [3'res []No Part 3--EVALUATION OF THE t~PORTA~'-~C~, OF h~'JPA~,S ~ ~e~pon~bilily ct Lead Asency Part 3 must be prepared il one or more impact[~) is considered to be potentially, large, even if Ihe impact(s) may be mitigated. Imttuctlonl Di~cus~ the ~ollowmg ~r each imp~t ide~hhed in CoWmn 2 cf P~rt 2: I Briefly descnbe the ~mpacl ~ 2 Descnbe(d aFphca~le) how Ihe mlpact cou,d oe rm mgated o[ reduced to a ~mall(omodera:~in~pact by proiect chan&~s) 3 Based on the in[o~mabon available, dec,de ~ K ,~ reasonable ~o conclude (h J: th~ ~mpact is impo~lanL To answer the ques.t*on ct importance, consider. · [he probab~hty of the impac~ ~ccumng · The durdtmn of Ihe Impacl · Its irtever$~bd~t~., including permanendy lost re~ou[ces o[ value · Whethe~ the m~p~cl can or will be cent[oiled · [he [egmn.d consequence of Ihe impact PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham. Jr. Richard G. Ward Mark S. McDonald Kenneth L Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 1, 1991 SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 David Young Village Marine P.O. Box 1045 Mattituck, New York 11952 RE: Proposed Amendment to Site Plan for Village Marine, E/S Bay Avenue, 140' S/O SR 25, Mattituck SCTM~1000-122-3-15.1 Dear Mr. Young: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday, September 30, 1991. Be it RESOLVED that the Planning Board hereby starts the lead agency coordination process on this Type I action subject to receipt of the Long Environmental Assessment Form. Please do not hesitate to contact this office if you have any questions regarding the above. Very truly yours, ( The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty~(30) days of ~he date of this letter, please respond in writing whether or not you ave an interest in being lead agency. Planning Board Position: (~x~ This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( ~ beq~ . Comments: Please feel free to contact this office cci/Board of Appeals~ ~'Board of Trustees~ v~Building'Department~. ~Southold Town Board v~Suffolk County Dept. of Health Services-.. v/NYSDEC - Stony Brook.- w~NYSDEC - Albany% S.C. Dept. of Public Works U.S. Army Corp of Engineers N.Y.S. Dept. of Transportation * Maps are enclosed for your review Coordinating agencies -. for further information. Sincerely, Bennett Orlowski, Jr. Chairman PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-t823 August 30, 1991 David G. Young Village Marine P.O.Box 1045 Mattituck, New York 11952 Re: Proposed Site Plan for Village Marine E/s Bay Avenue, 140' S/o SR 25, Mattituck, N.Y. Dear Mr. Young: This is to cohfirm the main points of a conversation we had during the Plannihg Board's field inspection of this property on August 16, 1991. It was agreed that the proposed site plan will be changed as follows: Landscaping will be installed in the front yard. The LILCO/NYTel. pole will be moved. The fence in the front will be moved back to make room for two parking spaces in the front yard. Parking spaces will be allowed along the bulkhead. They will be placed behind a planter that will be continuous except where there are entrances/steps to the dock. (Parallel parking spaces should be no smaller than 9' by 25'.) The grade of the property shall slope away from the bulkhead and planters towards the north. The use of bluestone throughout the site, except for the landscaping areas will be acceptable. The 20' buffer will be reduced to 10' along the northeastern property line, next to the residential zone, provided it is heavily planted. The plan will show a boat storage area east of the new addition. For your convenience, I have enclosed the sketch that was used during our discussion. It has been revised to incorporate most of the changes noted in this letter. Also, as discussed at your July 29th meeting with Valerie Scopaz, please include the drainage calculations for the entire site, the location of the boat washdown pad, the location of the pump-out facility, a copy of the DEC permit and a copy of a completed long environmental assessment form. Upon receipt of eight (8) copies of the revised site plan, the Planning Board hopes to start the environmental review. If any questions or concerns should ar~ise, please do not hesitate to contact Valerie Scopaz of this office for assistance. Very truly yours, Bennett Orlowski, ~r. /'~/~/~ Chairman Enc. VS:vs cc: Victor Lessard, Principal Building Inspector Gerald Anderus, Gluekert & Wieber, Architects Charles Bowman, Land Use Co. P,So The enclosure is hard to read because it is a copy of a tracing paper sketch superinposed over the blueprint. Changes are noted in red to make it easier to read. MEMORANDUM TO FILE On July 29, 1991 I met with Dave Young, one of the owners, and his consultants, Chuck Bowman and Gerry ?~e purpose of the meeting was to help the applicant bring the site plan into compliance with the Zoning Code and the conditions imposed by the Zoning Board of Appeals. Please refer to Planning Board letter of July 24, 1991 for details as to what is wrong with the site plan as proposed. This meeting had been in the works for several weeks. A revised site plan was sumbmitted on May 16, 1991. It was reviewed by the Planning Board on May 30th. Originally the Board decided to send a general letter notifying the applicant of the problems with the site. I made the decision to call a meeting of the applicant and his consultants for two reasons. First, it seemed that there was incomplete communication among the parties representing the applicant. Second, it was difficult to both describe the problems with the site and to propose alternative solutions in writing. It took more than two weeks to arrange a mutually convenient meeting date. At the meeting, I explained the technical and design insufficiencies with the proposed site plan. I also made some suggestions as to how the design problems might be resolved. Dave Young wanted to think about some of the suggestions before instructing his architect to make any changes. He felt that some of the suggested design changes might not work. The next day his architect faxed a sketch layout, which included some of the design changes that I had suggested, but which Mr. Young had said he did not want. I called Mr. Young to confirm whether the faxed material reflected a change of mind and was told that they had not seen the new sketch. I received a message from Mr. Young the next day or so asking if I would come down to the marina with the site plan. On August 7th I did so. I spoke with Mr. Young's partner, Pete. He indicated what changes they felt could be made to bring the site into compliance. After that meeting I drew another sketch layout to illustrate where they feel the parking could be located. Both sketches are on the same piece of tracing paper in the file. On August 8th I reviewed the applicants' suggestions with the Planning Board. The Board decided they should walk the property before coming to any final decisions. They set an inspection date for the 16th at 3:45 P.M. GI. UEC,~ERT AND ":¥1E~E~ 300 Wheeler Reed - Suite 303 HAUPP~UGE, NEW YOEK 11788 (516) 234-489? WE ARE SENDING YOU 0 Shop drawing{ 0 Copy of Ietter r'l Under ~parate cover via /~"~ '~' the Change o~er 0 followin{ 0 Spec~, THESE ARE TR/iNSMITTED as checked below: For approval For your use As requested ~'~or review ar, d comment FOR BIDS DUE.. Approved as submitted Approved as noted Re[urned for corrections 19__ n R~turr~orrecta4 prlnt~ PRINTS RETURNED AFl'ER LOAff REMARKS ,.. ~ '": . /4~,o.~ ....... ~-~, COPy TO_ New York State Department ¢ .. c nvironmental Conservation Building 40--SUNY, Stony Brook, New York 11790-2356 (516) 751-1389 Thomas C. Jorling Commissioner June 20, 1991 Charles W. Bowman Land Use Company 2576 Sound Ave. Baiting Hollow, N.Y. 11933 RE: NYSDEC Permit Application #10-88-1869 Village Marine Dear Mr. Bowman: The Department has received the copy of the Town of Southold's action on the zoning board of appeals for the above referenced application. Please submit 3 copies of the final proposal, and a location map (coordinates must be entered into the Department's computer). Be sure that the plans are dated (with any revision dates notes) and the preparer's names is on the plans. For clarification, please submit a current project description. Sincerely, Karen A. Munze Sr. Environmental Analyst KAM/rw cc: Village Marine ~Town~O~f~S'~id~PT.anning~!Bd~ file TRUSTEES John M. Bredemeyer, I~, President Henry P. Smith, Vice President Albert J. Kmpski, Jr. John L. Bednoski, Jr. John B. Tuthill Telephone (516) 765-1892 Fax (516) 765-1823 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD SUPERVISOR ScoTr L. HARRIS Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 June 11, 1991 Land Use 2576 Sound Avenue Baiting Hollow, N.Y. 11933 RE: Village Marine Permit #10-88-122-3-15.1 Dear Ms. Lachenmeyer: The following actions were taken by the Southold Town Board of Trustees on June 6, 1991: RESOLVED that the Southold Town Board of Trustees approve the request for an extension to permit #~0-88-122-3-15.1 to expire on April 28, 1992. If you have any questions, please do not hesitate to contact this office. Very truly yours, John M. Bredemeyer, III President, Board of Trustees JMB: jmt PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF $OUTHOLD SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold. New York 11971 Fax (516) 765-1823 July 24, 1991 Carmine Grasso Gluekert and Wieber, Architects 300 Wheeler Road, Suite 303 Hauppauge, New York 11788 Re: Proposed Site Plan Village Marine Peconic Bay Boulevard, Mattituck SCTM 9 1000-122-3-15 Dear Mr. Grasso: This is to confirm that a meeting has been set for 10 o'clock A.M. on Monday, July 29, 1991, at the Planning Board office. It is our understanding that a representative of your office will be present, along with Ms. Lachenmeyer of the Land Use Company, and the owner, Dave Young. The purposes of the meeting are first, to review problems with the proposed site plan that was submitted to the Planning Board, and second, to arrive at solutions. The following list illustrates the topics that will be discussed at the meeting. First, some elements of the site plan do not conform to the zoning code. For instance, the design of some of the parking spaces is not in accordance with the requirements set forth in the Zoning Code. Second, some of the required elements of the site plan are missing, such as the location and substance of the landscaped buffer areas and landscaping specified by the Zoning Code. Other missing elements include the lo.cations of the curb cut, the boat wash down area, the dumpster and the pump-out facility. Third, the proposed location of the parking spaces is not acceptable. Fourth, the proposed drainage plan does not accomodate the runoff from the entire site, as required by the Zoning Board's approval. At your request I have enclosed a copy of the comments, questions and suggestions that were placed on the site plan by Planning Board and staff. This copy is enclosed for discussion purDoses only. Incorporation of all the site plan elements mentioned above into the site plan will result in some changes to the proposed layout. Please bring with you a copy of the New York State Department of Environmental Conservation's permit; and a completed copy of the full Environmental Assessment form. A blank copy of the assessment form has been enclosed for your convenience. We will need a copy of the proposed floor plan, showing the square footage within the existing and proposed building that will be dedicated to each of the projected uses: office area, repair and servicing, storage. In closing I would like to repeat that the purpose of the meeting is to decide how to best brinq the site plan into conformance with the Zoning Code and the conditions of approvals by the Zoning Board of Appeals and the Trustees. We look forward to meeting with you and your client on July 29th. Very truly yours, Bennett Orlowski, Jr. Chairman Encls. cc: Dave Young, Village Marine Tanya Lachenmeyer, Land Use Company WNM-006 (Rev. 6/89) RECEIVED APR 2 5 199',' H.D. Ref. No. T.M. Designation Notice No.,,., Bureau of Wastewater Mana~,ent Suffolk County Center Riverhead, New York 11901 516-548-3312 /~ Article VI & Article VII Zone [ ] Town and/or Village Zoning Letter [ ] Public Water/SewerAvailabilityLetter [ ] C~',~letedApplication Fo~WWM-004 (3 copies)[~']gYSDEC Wetlands Permit or Waiverg~w [ ] SEQRA DeteunJ_nation []~Restrictive Cov~nants: Art. 7 Other [ ] SPDES Fonn [ ] SPDES Site Plan8 1/2"x 11" [~/~Processing Fee ~30m [ ] SPDES Fee $50.00 $75.00 [ ] uenmtrlflcation PermitApplication [ ] Monitoring/Sampling Plan (8 1/2" x 11") [~)f'ReviewBoard Determination ] Tax Map Designation ] Metes and Bounds Description ] Lot Size [ ] Deed Location ].Key Map [ ~,]'Test Hole-- ~/~ Gross Floor Area of Building~ ] All Surface Waters Within 300' [~Pr.iv.ate Well Details and Location [~/~ Neighboring Wells and Sewage Systems Within 150' of Property ] Nonitoring Well Detail and Location Latitude and Longitude Description [ ] Plans NOt Signed/Sealed [ ] Industrial Stat~nent/Signature [ ~f Sewage Syst~n Plan/Profile [ ..~Gallons/Day/Acre Sewage Discharge [~Sewage Disposal Design Calculations [ ] Insufficient Denitrification Details [ ] Public Water/Sewer Line [ ] Expansion Area for Sewage Systems [ ] Site Statistics [ ] Capital Costs of Sanitary Systemor Capital Cost of Denitrification [ ] Operation and Mm~ntenance Info~,~Lion [ ~Pro]ect does not conform to Deparh,~nt standmrds. See Notice of Non-Conformance. ~ A~,',,- I ~ ~ ,_ _ . , , , une~ ~ ~ ~t issu~ce ~ a~lic~le. ~t~ w~out PLANNING BOARD MEMBERS Bennett Orlowski, Jr., Chairman George Ritchie Latham, Jr. Richard G. Ward Mark S. McDonald Kenneth L. Edwards Telephone (5t6) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD SCOTF L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold~ New York 11971 Fax (516) 765-1823 RE: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: . Your jurisdiction in the action described below; y ' ~. our interest in assuming the responsibilities of lead /agency; and Issues concern which you believe should be evaluated. of Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: ~6,_~ Requested Action: SEQRA Classification: ()~) Type I ( ) Unlisted Contact Person: ~~-r (516)-765-~93~ The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (~ This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other. ( ~A_ ~ ...... cnt- bc!o~) Comments: Please feel free cc: W/Board of Appeals ~ ~ w'Board of Trustees% vWBuilding' Department v~Southold Town Board to contact this office for further information. · Sincerely, Bennett Orlowski, Jr. Chairman v'Suffolk County Dept. of Health Services* vZNYSDEC - Stony Brook ~ w~YSDEC - Albany% S.C. Dept. of Public Works U.S. Army Corp of Engineers N.Y.S. Dept. of Transportation * Maps are enclosed for your.~eview Coordinating agencies 14? 6-2 (2/8 7J - 7 c 617.21 SEQR Appendix A Stale Environmental Quality Review FULL ENVIRONNIENTAL ASSES$~1ENT Purpose: The fuji LAF ,~ desk,ned to help apphc,,nts and agencie> determine, m an orderly manner, whe;her a or actlon may De s~Bnfficant ~hequesuono~whether~nachonmavbe~i~mficant~snotalwayse~vtoan~wer Frequent- ly. there ate aspects of a p~o;ect ~hat ~re sub,eot,vent unmeasureab~e tt is also understood that those w~o determine ~i~nificance may have [it~;e ot fin ~rma[ knowledge of the environment Or m~y be techmcalJ~ expert m analysis In addition, man~ ,~ho haveknow~ed~u m one part,c~lar area ma~ not be awa~eof the broader concerns aifecting the que~bon ol The ~ull fAF ~s intended to provide a method whereby applicant~ and ~encies can be assured that the determmahon Full [AF Components; The tull ~AF ~s comprised ol three pa~: Purl 1: P~ovides objcct~ve data and in~ormatmn about a given ~mleC~ and its s~te By ~den[~iying basic project data, ,t assists a ~ewe~er m the analysis that takes place in Par~s 2 and J Pa~t3: If anytmp~c:m ~art 2~s~dentff~edaspoten aly-large then Part 3,susedtoevatu~tewhethefornol~he impac~ i~ aciually ~mpor:ant DET[RMINATiON OF SIGNIFICANCE--Type 1 and Unlisted Actions identify the Porlions ol EAF completed for thi~ project: f~ Part 1 ~ Part 2 L3Part 3 Upon review of the mlormat,c~n recorded on th~s EAF [Part~ I and 2 and 3 if appropriate), and any other supporting information, and considerm~ both H~e mag~ude and importance ol each impact, it ~s reasonabl~ determined by ~he lead a~ency that A. The p~olect wff! not msuh m ~ny large ~nd :mportant impact(s) and, therefore, ~s one which wil! not have a s~gmncant m~pact on the any ~onment therefore a ne[alive declaralio~ will be pte~ared. B. Althou8h the project could h~vu a s~gmticant effect on the environment, there wdl not be a s~n,iican[ effect for [h~ Unlisted Action because the intonation measures described ,n PAKT 3 have been required, therefore a CONDITIONED negative declatalion will be p~epared.' C. The project may result m one or more large ~nd important ~mpacts that may ha~e a sisndicant *mpact on the env,mnment, therefore a p~ttive declaration will be prepared. ' A Condilioned Negative Decla~ation ~s only valid for Unh~ted Actmn~ Village Ma~ine - Proposed Doat Repair/storage Name of Action Name of Lead Agency Pnnt c.t Type Narne ol Re.'consibie Officer in Lead A~ency T,tle of Responsible Officer S~gnature of Responsible Officer in lead Agency Signature ot Pre~r (ff d,f[eren( from respon~,b~e~(t,ce~) 9/30/9] Date · ' PAnt 1--PROJECT INFORMATION Prepared by Project Sponsor ,NOTICE. This document ih desIRne~ to assist m de[ermmmg whether the action proposed may have a s~gnificant effect informaUon you bcheve ~dl be needed to compiete PArts 2 and 3 It is expected Ihal completion of ~he full ~AF w~il be dependent on infoPmatlon currently available and wdl not m~olve new~tudies, research°rmve~tl~aO°n IfmlormaUOnfequ~ring~uch~ddiii°nalw°rk*~unava~lable's°indicateandsPe°fY each instance NAM~ OF ACT[ON prcp_osed Ma~ine Re?alt/St°rage Buildin9 ]75 Bay.Avo~%ue, Mattitt~c[<, Suffolk Vill~g~ Marine P.O. Box 1045 (516 p 298-.5800 Mattituct<, .I N.Y. 11952 DEeCRtPTION Of ACTION PLEASE SEE ATTACHED PROJECT DESCRIPTION Please Complete Each Question- ~ndicate N.A, ii not applicable A. Site Description Physical setting of overall project, both developed an~undeveloped areas 1 Present land use: ~Urban []Industrial ,~Commercial ~Residential [~uburban) ~Rural (non-farm) ~orest ~A~ficu[ture ~Other .54 acres 2 Total acreage of prolect afe~ PR[SENTLY AFTER~OMPLE~ION APPROXIMAIE ACR~AG~ 0 ac~es acres Meadow or B~ushland tNon-agricuhu~al~ 0 ac~e~ 0 ac~es fo~esied -' O acres O acres Agricultural (Includes o~cha~dt, c~oOland, pasture, etc.] Wedand (F~e~hwate~ or tidal as oe~ Ar:ides 24, 25 of ECL) 0 acres 0 acres Q acres 0 __ ac~es Wate~ SudaCe Area ~ acre~ O acres Unw~etated [Kock, earth o~ fi~l] Road~, buddm~ and other paved surfact~ ~ .14 _ acf~ _ .]9 . ac~e~ Other Und~cat~ type~avel ~at Storaqe/Parkinq ~ea ,~0 ac:es .35 acres - Rlverhead sand~ Loam 3, What ~s predomman[ ~W ~Mnde~te~Y weir drained % of s~te a Soil drainage ell drained l0 . % of sm~e ~poorly d[ained % of site b If any agrmcuftural land is involved, how mAn'y Acres ot ~oil a~e classified w~hm ~od group 1 dwough 4 ot the NYS Land Classdicauon System? acres {See 1 NYCRR 370} 4, Are thure bedrock ou:cfopp~ngs on project s~te~ ~Yes ~o a. What is depth to bedrockt 600* ' (in feet) 2 ~RCJECT DESCRIPTION - VILLAGE MARINE Applicant proposes construct a 40'x 60' building location is to remove existing 26'x 36' metal building and boat repai~r and storage building. Proposed 28.6' landward of the existing bulkhead and requires a 46.4' variance to the regulated 75' Additionally, applicant proposes to pave, with asphalt, area landward o~ the existing bulkhead. AS mitigation, will install drainage pools to contain stormwater setback. a 595 s.f. applicant runoff. ^ppn~x~mate percentage of propoxed project ;~,'u with 51opes ~,)-1 0% 1 O0 % ~i~1 5% % ~15% or g~eater % 6. Is protect substanhally com~guous to or__cOntain a budding, s~t~. or district, ]isied on ~he State or the National Reg,sters at Historic P]acest ~ ,e. No 7. Is proiect substantial]? con(;guom to a s~te ti>ted on the Register of National Natural Landmarks? ~Yes ~No 8. What is the depth oI th= ~ater table? O'-8' (in leetj 9. Is s~te tocated over a 10 Do hunting, f~shU',g or shoi[ fish,ny opport~m[mg ptes~ently ex,st m the prolect~are~? OYes ' ~No 11 Does prelect s~t~ contain any species el plant or animal hie [hat i~ ~dent~f~ed a~ threatened or endange~ed? Accord,rig to F~eld Inapeotlon 12. Are there any umque o~ unusual land Iorm$ on the p~oiect s~te? {Le. cliffs, dunes, other geological totmat,onsj Describe 13 Is lhu project sH~e~..presentlY used by the comn',un~ty or nmghborhood as an open space or recreation area? If yes, e'q)lain 14 Does the p~esent~e include ~¢emc wews k~own to be important to the commumty~ ~o 15 Stream~ w~thm or cor, nguous to proiect area. James Cree~ a Name el Stream and name of R~ to which i~ i~ t~ibuta~y Great Peeonle ~ay 16. Lakes, ponds, wetland ,~r=~s w~thm or contiguous, to project area a. Name b. Size (In acres} 1.'/ Is tt~e s,te served by ex,sting public utiliUest .J~Yes ~lNo aj I~ Ye~, does s~ffic~ent ca~ac~l¥ e~,~ lo ailow~con~ect~on? ~Ye~ ~No (~ans~on o~ ~xis~lng use) b} If Yes. wdl ,mprovements be necessary 1o allow connectio~? ~Y~s 1~ Is die site located m an agriculturOd~stnct certified pursuant to'A~icultu~e and Markets Law, Article 2S-AA. Section ~03 and 304~ ~Yes ~o 19. Is the site located m or substant~aJJ~onnguous to a Crit~icaJ Environmental Area des,Chafed pursuant to Article of the ECL. and 6 NYCRR 0177 ~es ~No (Tributary to Peconic Bay) ' 20 Has the s~te ever been ~sed for the disposal of sohd ot hazardous was:es? ~Yes ~No ill. Project Description 1. Ph,/slcal dim,tnsions and scale of pro,~ect (rd! in dimensions as appropriate) a Total cont,guous acreage owned or controlled b'~prqject sponsor . 54 .05 [expansion ) -~,. b Project acreage to be developed: acre~ imtialiy; .... :.u~ . . c. Project acreage to remain undeveloped 0 acres. n/a d. Length el project, in miles: (If appropriate) e d the prelect ~s an expansion, indicate percent of expansmn proposed n/a f Number of c, lf-street parking spaces ex~sting 5 g. M~x~mum vehicular trips ~lenera[ed per hour h If res~denbal: N,,mber and type o~ housin~ umts n/a On~ Famdy Two Farmly %; ; proposed 10 (upon complebon of prolect)l Multiple Famd¥ he,ght; 60 ' width, __ Linear feet of frontage along a public thoroughfare prelect will occupy is? 50 *less than 35' 3 Condomimum 40 '. lenlith S. ','Pill ¢,ny mature ¢ore$~ months. mon;h year, Imcludmg demolihon! month ., year. ~Yes ~No ~[tcr protect ~s complete m ,~,. if e~plam ~ 3 o if ~tn~.ie phase project An~,Cma~ed per,od of construction 2. ff muiti-pha~ed n/a a. ToLai number oi phcses &,m~ Dated ~ [number) c Approx~m¢~e completion da~e of final phase d J~ phas~ i iunct~onaiiy dependem on ~ubsequent phases? B Wd] bj¢~Ung occur dunng construction? ~Yes ~40 0 10 Number ot jobs elm~mcted b',' th~s ptoje(t ~ -. . , ' · ~v~ ~No f~pe ~ ] IS s~bsur~eCe i~qu~d wa~e d~spc, s¢~ ~¢volved? .... ~ 14 WHJ surface ~re~ of an e.,JSJln~ wa~>t body increase or decrease by pfoposaJ~ [xplam ~ 15 is project or any pomOn oi proiec~ l~,ca~ed m a 1C~ yea? flood plain? es 16. Will the prolecl ienerat~ ~ohd waste? es o . a. Il yes. wh~t is Ibc amount ~er month Ions c if yes, ~ve name S~uthold T~nd¢~! ._; Iocatmn d. Will any waste~ ~oi ~o into ~ sewage disposal sys[em or rolo a sanitary landfill1 e, Ii Yes, explain *existing s-~nlt~ry system to be ~;'es [3No Southold, N.Y. OYes ~]No 17 wdl the prolect mvoh, e the d.spos*H of sehd waste? ~Yes o a. It yes. what ~s the anticipated rate of dtspusal? .,. tons/month lB. Wdl project use hetb,c~d~s or pe~(lcidest ~Yes 19 W,II prolec~ rouUneiy produce odors (more than one hour per day)? O¥,~s '~N if yeS, indicate (yp~s) ~lect;r:c!ty, r:eat~n,~'o~l 22 ~f water suppiy is bom w~ils, red,cate pumpm~ capaoly .... g~jJun~,'mmute. **(existing facility ** no increase needed) 2] To~al ~n~patcd ,,~a[~f usage l)ef day ~ Ballon~/day ~ 24 Does p~olect mvONe Local. 5tare Of Fedora[ f,mdmw? ~Yes o !l /es, expl¢ln · ~5. Approvals Requi,ed: C~ty, Town, Vdlage floard '~Yes C~t':/, Tc~,n, Vdlal~e Planmn~ ~oa~d ~'e~ City, Town Zoning Board ~'e~ ~No City, County Health Oepam~ent ~'es ~NO Other Local Agencies ~Yei ~No Other Regional State A~e~c)e~ ~e~ ~No Federal Agencies ~¥es C. Zoning and Planning Information Type Site Plan Approval Sanitary System Upgrade N Y S.n p ~ Art. 25 Submittal Date Does proposed action mvoJve a planning or zomng decisioni~ If Yes, ind,cate decision teqmred ~zonmg amendment ~zoning variance ~special use permit ]0/88 ]0/89 ('~¥e s FINo E~subd~ws,on ~/site plan What is the zomng c[as~ii~cat)on(sjot the s)te~ What i~ th~ maxm~um po[enuM deveiopmen~ of the s~te ff deveJope~ as permKted by the p/e~ent zonmg~ ~rina 4 What is the proposed zomng of the si[e~ 5!-! 5. What is the maximum potenhaJ deve!opm~nt at the site ~f developed as permitted by the proposed Zomng~ Marina b, Is the prapos,~d act,on consistent with the ;~commended uses ia adopted local land use plans;' /~Yes ONo 7 What are the predominant !and use!s) and zo ~ ng cJas~i~icat o~s wi!hill ~ '~ ~lJe radius oJ proposed act,oat ~iSt. inq CC~rc~a! develo~nt [~orth, eas~ & we~t; residential develo~nt south 8. Is the proposed achon compahbte with adioming~surroundmg land uses within a ¼ mile/ es ~No 9. If the proposed acnon ~s the subdwision of land. how many lots are proposed~ n/a a What is [he minimum lot size p~oposed? 10. Wdl proposed action reqmre any authorization(si for the ~ormation of sewer or water districts~ .~Yes ~No 31 Will the proposed action c~ea~a demand ~or any community pro~Med services (recreation. education, police. fi,9 protecbo3)t ~Ye~ ~No a. If ye% is existm~ capacity sutficient to handle p;ojected demand~ ~Ye5 ~No 12 WHI the proposed action result in ~he generation of traffic si~nificantJy above present Jevels~ ~Yes ~o a. If yes, is the ex~stmg road network adequate to handle the additional traffic~ ~Yes ~No D. Informational Detalia Attach any addmonaJ inlo[mahon as may be needed to clarify your prolect, ff there are or may be any adverse impacts associated with ~oa~ proposal, please d~cus~ such impacts and the measures which you propose to mmgate or avoid them E. Verification I certify that the Inlormation provided above ~s true to the best oJ ~my knowJedg~. . ApplicantiS..pr.i~_r Name Tanya Lachenmeyer?_and Use Company for Vl llag~ar ti the a~tion ii in the CoaHat A~ea, and y agenc), comp ele the Coailal Ai~el~ment Fo~m be/ore p~oceedin~ with thi~ asiel,menl. 5 Part 2---PROJECT ~:~-IP~CTS AND THEIR MAGNITUDE ResponsiSilily of Lead Agency Gene~at Info~mation (ge~d C~refull~) In compleun~ the term the rewew~r should be guided by the quesuon: Ii.ye my te~ponse~ and determmat,o~s been Identifying that an ~mp~c~ w;~ be poten~iaJiv ~a~ge (column 2J doe~ not mean ~hat ~: ,s ~so eecessarily sign;l~cant. Any large nr~pact mu~t bu evaluated ~n PART 3 [o de[ermin~ significance. Iden~iJy~n~ an u~p3C[ ~n column 2 simply The Example~ pro~ded ace to as~s[ the revle,~er by ~h~wmg types cf *mpacts and wherever possible the threshold of magnitude thatwouidtr~ggeraresponseincolumn2 Thee~ample~are~enur~ilyapphcablethroughout the S~ate and fo~ a Potenual Large Impact response, thu~ ~equmn~ evaluation m Part 3 The U~pacJs o~ each pr~:~ect, (~n ~ach ~te, in e~ch Ice.tRy. will wry, ThereJare, the examples are diu~t,'a~vu and have been oHered as gu~d.~nce They do r,o~ co~sll~u~e a~ e~hausdve h~z of Impac~s and ~hrusho]ds ~o answer each question The ilumbet of example~ per question doe~ not indicate the importance o~ each question In ~dentffymg impacts, consider IonB term, short term and cumlatlve In~trucliOns {Re.d carefully) Answer each et :he W quesl~On~ m PART 2 Answer Y~ if there wdl be any impact ~f answerm~ Yes ~o a quest:On then ch~c~ ~he appropr~a[e box (column ~ or 2) to md~c~tu the potential size of impact. If impact ~h~esho~d equals or e~ceed~ any example p~ov~ded, check column 2 If impact will occur but threshold is [owe[ than e~ampJe, check column 1 if reviewer has doubt about ~ze et the impact theft con~der the re:pact A~ potenbaiiy large and proceed ~o PART 3 ,mpact, also check ~he Les ~ox m c(>iumn J A NO ~espon~e md~.tes that such a ~eduction ,s not possible. This must be e~plained in Pa~t J iMPACT ON LAND Wdl :he proposed action result in a physical chan~e to the prelect s~ter E]NO E]YE$ [xampJet that would apply to column 2 Any construction on slopes of 15% or greatec (1~ foot ~ise pe~ ~ foot of length), or where the general ~tope~ in ~he pro,ecL area exceed 10%. Construction on land wh~re the depth to the wa~er ~abie i~ le~ ~h~n 3 t~et Construction ct paved parking a~ea Ior ~,~ or more ve~icles. Co~stru~tia~ on la~d wh~e bedrock ~ e~po~ed or generaJly withi~ 3 feet of e~istmg ground ~udace. Construction that will continue for more than 1 '~ear or mvoNe mote than one phase or sta~e. Excavation fo~ mmm~ purposes thai wou~d remove mo;e than 1,C~ tons of natural mace.al (~ e., rock or sod) pe~ year Consttuctio~ et expansion of a sanitary landfdl Construct(on m a designated floodway Other impacts 2. ;'Fill there be an effect 1o any umque or unu:;ual land forms found on the site? (i.e., cliffs, dunes. [eological fotmabons, etC )[]NO F~Y£S · Specific land 6 I 2 3 Smell to Potential Can Impact Be Moderate Large I Mitigated Ry Impact Impact Project Change E:] ~} [-],Yes L~No [] E] C]ve~ C]No ~ ~ ~Ves ~No ~ ~ ~Yes ~No ~ ~ Wes ~ ~ Wes ~ ~ Wes ~No '~ ~ ~Ves ~o IMPACT ON WATER Will proposed ~cuo. ~tfect any w~te~ body des,,~.naled as protected~ (undel Articles 15, 24, 2~ of ~he Enwronmenta~ Cuuse~at~on Law. UNO FLY,S ~xamples that would apply DevelopaDle af~a of sile centares a pro,coted w~er body Dredging mote than 1~) cubic ~d~ of ma~eri~ f~}m channel of protected slream 4 will prouo~ed action aifect any non-pro(ected existing or new body of watert ~NO r-lyES Examples that would apply to column 2 · ConstruCtion of a body ~i wa~er ~ha~ e~ceeds ~0 ~es of sur[~ce area · Other Will Proposed Achon affect surface or grou.".dw,~ter quahty et quantlty~ E~ampJei that would apply ~o column 2 Proposed Action will require a d~scharge ~roposed Actiol~ requires u~e Of a Sodtce Oi water ~h~t does not have approval ~o serve proposed Proposed Acdon reqmres water ~uppl'¢ from well~ with ~reaJer than 45 ~allons per minute pumping cap,cml ~upply Proposed Actmn will adversely a[iecl groundwater Liquid effluent will be conve~ed off lhe site to tacdiJies wh,ch pre~emly do not ex~st or have inadequate capaoty Proposed Action would u~e water ,n excess of 2G,~3 ~allon~ per day. Proposed Action will hkely cause sihalton or other d,~charse rote an ex,s[m~ body el wa~e¢ to ~he uxJent ~hat dmte will be an obvlou~ visual P[oposed AcUon will [equate ~he s~orase of petroleum or chemical product~ gloater ~h~n 1,1~ Proposed Action will allow Propos~'d Action Iocatus comrner(~aJ and/or ir, du~nal use~ which may facililies Other impact~ wdl proposed achon ,Hter drainage flow or patterns, or surface water runojf? ~NO I-1y[ S E~ampJes that would apply to column 2 Proposed Acuon would chan~e Hood water flows I 2 3 Srnali to Pmont~al Can Impact 6e Moderato Largo Mitigated ~y t Impact ~ Impact i P~ojoct Change [] '~ []ve~ E3No ~ ~ ~Ye~ ~No ~ ~ ~ ~Yes ~No ~ ~ ~es ~No ~ ~ ~Yes ~ ~ ~Yes ~no ~ ~ ~ ~no ~'uiil proposed cohen a!~ct .~r :;uah:Vf ~NO hour refuse pe~ ho~r. iMPACT ON PL,'.,NT~ AN',) A;'gMAL,~ Examples thai would opply ~c, column 2 Reduction of. (me or more species I~s[ed on *he *~e,'¢ Yoek or Federal hst, using d~e s~te. over or near site or found on the si~e Removal of eny 2oruun of .~ crmc~l or ~mhcan~ wddhfe hab~tet. mm-endangered species? ~NO [xAmple~ that would apply to column 2 ;MPACf ON AGRIOULTUAAL ~ND ~¢r;d (includes cropland, havfleid~, pa,~ufe, v,nevard, orchard. 1 Small to Moderate Impact _ m [] 2 Pofential 3 Can impact ,'3e Mitlr~ated By J ?'~es F-1No EYes ~¥es ~No ~Yes ~¥e~ F1No ~¥es ~No [~]Yes !-}No ~'~es FqNo [~}Yes F'INo a~ricul~ural land of agricultural la,id or. d !ocatud m an ^~ricuau~al D~trict, mo~e than 2 5 acres of ~gricultural ~and ~ The p~opo~d ac~on wouid d~stupt or prevent m~t~Ha;~on of a~ricul~u~al land manage,neat systems (e ~. ~ubsuriace dram hoes. oudet ditches, held to dram pooHy duc ~o increased runaftj O~het m~pac~s; IMPACT ON AESTHETIC RESOURCES Will proposed *ct,on affect aesJhenc resources? ~NO ~[S {l~ necessary, u~e the V,~¢J ~.~F Addendum m Suction 617 21. Appendi~ B J [~amplei ~hat would ~ppiy [o column 2 IMPACT ON-HISTORIC AND A~CHAEOLOC4CAL RESOURCES 12. will Proposed Action impact any ~,te or ~mctute o~ h~Horic, pre- historic or paleonm!osical importance~ ~NO ~YES Ezample, that would apply to column 2 · Proposed Action o~[urnr, g wholly or ~artialJy within or conti~uous lo any fa~ih~y or s~t¢ i~d on the Sta~e or N~ional of h~s~o.c places · An~ m~pact to 4n archaeological sae or fossd b~d located within the · Proposed Achon will occur in an area de~nated as sensmve a~ch~eo]o~cal sites oa the NYS Site Inventory. · Other inlpac~s:. IMPACT ON OPEN SP^CE AND RECREATION W~[l Proposed Action ~fiect the quantity or quaia~ al exl~tm~ ~ lu~ure open ~paces or recreabon~l opportumti~s~ [~amples that would apply ~o column 2 ~NO ~YES The permanen~ foreclosure ol ~ ~utufe recreational opporlmllty. Other ,mpacts 9 1 2 3 Small to Potential Can impact Be Moderate Large Mitigated By Impact In'~pact ! Project Change ~ ~ CYe~ ~No I ~ ~ ~Yes proposud Ad*on w,i! temo.,e natural b4rriers that ,uou!d act as a Other impacts IMPACT ON P~J~kJC HEALTH 17 Vvdl Proposed Action a!fect pubhc ,heaiih and ~NO ~ample~ that would apply ~o column 2 ,;a~ or other flammable hqmd) 10 1 Small to Moderate Impact r~ 2 Potantiat Largo Impact L~ fi [] 3 Can Impact :,,4itigatoa GF , t,~t~ct Chan~e L_Ji e5 L~No ~ ¥ es ~Yes I~No ~Yes ~No ~¥es '~No ~Yes ~No ~Yes I']N0 ;MPACT ON GROWTH AND CHARACTER OF COMMU,*,HT¥ OR N~-iGH~ORNCOD Wii[ proposed action aih, c (he character o~ t~e ex~stJn~ community? ~NO ~YES ~ample~ that w,,u~d ~pp~y ~o column 2 The permanent populebon oi the c~[~', ~ow~ of ',l[i~e m which the The mumop~! budget ¢or <ap~aJ ~x~endm~re~ or oper,mn~ serwces wdJ m~redse by mor~ than ~% per y~at as a result of tthis project Proposed a:t~on 'aiil (onfim[ with officially at,opted ~{an~ or goals. Proposed action wdl cause & change m the density of land use (e,~ schools, police and hre, etc ) Proposed Acbon wdl :ct an m~F. or~ant precedent ~or future protects Preposed Act=on wdl create or ~hmma[e employment I Pot2tiaien I Can 3 Small to Impact Be Moderate Lsrge Mltigntad By Impact J~lpact Proiecl C~ange '~ ~Y~s ~No ~ ~ ~ves ~ ~ ~Y~s !9 is ihere, or ,s ':here hkel¥ to be, pubhc controversy re~ated to if Any ~c.~,~n Psrt 2 ldent!fled as a Potential Large Impact ~r Yea C~nnot Determine '~h~ Maenlt~e ~ impact, Proceed te Part 3 Part 3--EVALiJATION OF THE i&,IPORTANCE OF K¢IPACTS Re~ponlibility oj Lead A~ency Pa~I 3 must be p~epared ii one or more impacl(s) is considered to be potenlially la[ge, even iJ ~he impaci(s) may be mitigated. Instructions Discuss the followin8 for each m~pac[ Mermfiud in Column 2 of Part 2: 1 Briefly describe the tmpact 2 Describe iff applicable) how ~he ,mpact cguld be mm~ia/ed or reduced to a small to moderu~e impac~ by proiuct 3 Based on the information avad~ble, deodc d ~t ,¢ reasonable to con(Jude d~J~ th,s ~mpact is important. To answer the question of ~mportafice, · fhe probabd~t~ of the impact ~ccurrmg · The durahon of the m~pac[ e Its ~rteverssbd~ty. mcludm~ permanently lC}st resources of value · Wht, lher the tmp4cl can 0¢ will be controlled · fhe regional ~on~equence ot t~e impact · It~ potentt~l d~vergencu trcm local needs and ~oals 11 APPEAI~ BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. Joseph H. Sawicki Sames Dinizio, Jr. Telephone (516) 765-1809 BOARD ~OF APPEALS TOWN OF SOUTHOLD SCOTT I.. HARRIS Town Hall. 53095Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3938: Matter of the Application of VILLAGE MARINE for Variances to the Zoning Ordinance, Article XI, Section 100-112, Article XII, Section 100-111C(1), Article XXIII, Section 239.4, and Article XIX, for permission to construct addition to existing principal building with insufficient setbacks from the bulkhead, the easterly (rear) property line, maintaining the nonconforming northerly (side) setback, and to locate boat storage structure (boat rack) with insufficient setbacks from the northerly (side), westerly, easterly property lines, and bulkhead. Also requested is relief, as may be deemed necessary concerning parking and/or landscaping under the current revisions of the site plan regulations. Zone District: Marine I (M-I). Property location: James Creek, east side of Bay Avenue, Mattituck, NY; County Tax Map District 1000, Section 122, Block 3, Lot 15.1. At a Meeting of the Zoning Board of Appeals held on November 29, 1990 the following action was taken: WHEREAS, the Board has carefully considered all testimony and documentation submitted into ~he record concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, its previous zoning, and the surrounding areas; and WHEREAS, this project has received conditional approval from the Southold Town Trustees and has received a Negative Declaration under the N.Y.S. Environmental Quality Review Act (SEQRA) by the Town Trustees for this project; and WHEREAS, the Board made the following findings of fact: 1. By this application, applicant requests variances to the zoning code as to area setbacks in the proposed: (a) removal of an existing 36' by 26' metal building presently 16cated at the rear {east} of the principal building and in Page 2 -Appl. No. 3938 Application of VILLAGE MARINE Decision Rendered November 29, 1990 place thereof a proposed 60 ft. by 40 ft. addition, and (b) proposed boat rack of a size ll ft. by 102 ft. {1122 sq. ft. ground area}. The outside area of the site, as well as the existing metal building, has been used for the service, maintenance and/or repair of boats docked at the owner's marina facility, and the addition would encompass the same activities. The boat rack is proposed to compactly store boats which are presently stored for service or repair about the site. The placement of both the addition and the boat rack storage structure will not meet the current requirements of the zoning code as provided under the landscaping or parking requirements and for which relief is also requested. 2. The premises in question is located on the easterly side of Bay Avenue in the Hamlet of Mattituck, Town of Southold, contains a total upland area of approximately 23,645 square feet, and total area as shown on the Suffolk County Tax Maps and assessors records of 39,640+- square feet. 3. The subject premises is located in the Marine I (M-I) Zone District and is and has since prior to the enactment of zoning in 1957 been used for outside boat storage, as well as marina uses, retail uses, engine and boat repairs, servicing, maintenance, sales to the general public, incidental office use, and other related marina uses, and uses accessory thereto. 4. The premises is bounded on the north by a gasoline service station: on the west by a town road (Bay Avenue) and opposite Bay Avenue, a bank; on the east by a real estate office located in the General Business (B) Zone District and partly by a right-of-way which is in the R-40 Residential Zone District; on the south by the existing marina at James Creek. The gasoline station abutting the premises on the north side is ..also located in the Marine I (M-I) Zone District as well as that area abutting to the south of the subject parcel. 5. The building addition and the storage rack, as proposed, are shown on the site plan prepared by Glueckert and Wieber, Architects, lastly dated October 18, 1990. The setbacks.,' for the proposed addition are: (a) 28.6 feet at its closest point to the south along the tie line along wood bulkhead; (b) 48+- feet at its southeast corner to the tie line along the wood bulkhead; (c) at 3.0 feet, maintaining the same northerly side yard setback as the existing building(s); (d) 20+- feet to its Closest easterly rear property line; (e) 63+- feet to the furthermost easterly property line, along land referred to as "R-O-W." Page 3 -Appl. No. 3938 Application of VILLAGE r. IARINE Decision Rendered November 29, 1990 6. The principal building and 36' by 26' metal building, are shown to be set back, as exist since prior to the enactment of zoning: I. (a) from the southerly bulkhead 28+- feet at their closest points (both addition and metal building) and 42+- and 48+- feet at their furthest setback points, metal building and addition, respectively; (b) from the northerly side property line at 3+- feet at its closest point; (c) from the westerly front property line 32+- feet at its closest corner; (d) from the easterly property line at its closest point 80+- feet; 49+- feet to the existing metal building from the easterly property line. 7. The upland area of the site is unique in configuration, size, and character, and contains a smaller upland lot size and width than as provided in the current zoning code for total lot size and width. It is noted that although there have been seven parking spaces provided for the current uses and building area on this site; and the Master Plan regulations, as amended January 9, 1989 provides for different methods of calculating the number of parking spaces and the landscaping areas for newly established businesses or new uses. Any business, building or uses.which have not been established prior to these amendments would apply under the new regulat$ons, and those that have preexisted these regulations are permitted to continue without a mandate to comply with the new regulations, provided there is no expansion or modified use. --- ............... 8. It is the position of this Board that: (a) the addition to the existing principal building is not an expansion of the existing use, nor is it a newly created use, since the addition will be used by employees providing the same services and repair activities which have been conducted at the site in both the existing metal building and outside of the existing building areas and as each relates to the established marina and boat storage uses; (b) the addition to the existing principal building, as proposed, is an improvement that: 1. will provide a protected and heated area for the employees to service and make repairs; Page 4 -Appl. No. 3938 Application of VILLAGE MARINE Decision Rendered November 29, 1990 8 (b). : 2. will provide for the discontinuance of repairs in open areas at the site, and these open areas will now be made availabla for a reduction of congestion and provide better maneuverability and efficient and safe circulation for vehicles and pedestrians, and for parking which was not previously available to the same degree; 3. will make provision for a better parking plan and for increased landscaping, which presently is not provided, and will encourage customers to park on-site rather than along Bay Avenue; 4. will provide all runoff or discharge into drywells or catch basins to prevent runoff into James Creek; (c) the uses and the property as now exists, and has~' existed in the past, do not violate zoning, have been legally established at the site, and are not prohibited under the zoning regulations from continuing; (d) although the Master Plan and Zoning Amendments were adopted subsequent to the establishment of this property and its uses, there is no question in this Board's view that the uses are conforming uses under the current zoning regulations. 9. In considering the application for the building addition to house existing activities without an expansion of use or boat storage area, the Board finds that: (a) the setbacks of the addition, as proposed, are not.excessive as compared to the existing established setback to the bulkhead at the southwesterly corner of the principal building; however, the relief in relation to the current zoning regulations, as amended, is substantial as to the total requirements; (b) the unique characteristics of the land and its limited buildable upland area lend to the hinderance of obtaining town approvals without variances; (c) there will not be an increased intensity of use at the site; Page 5 -Appl. No. 3938 Application of VILLAGE PLARINE Decision Rendered Noveng~er 29, 1990 (d) if the variance for the addition were not granted, the same uses and services are allowed to continue and the effects of limited parking and landscaping or aesthetic effects on the surrounding area would not be enhanced except by voluntary abandonment by the property owner over which the town has no control; (e) the addition will not, in the board's view, be, harmful aesthetically or be substantially adverse to public health, welfare or safety of the community. (f) strict compliance with the zoning ordinance, as amended January 9, 1989 in the Master Plan Update, will cause practical difficulties since there is no other alternative to pursue, without a variance; (g) the relief, as alternatively granted, is not unreasonable and is the minimum necessary; (h) the relief, as alternatively granted, will not alter the essential character of this waterfront business and residential community; (i) attempts to improve the utilization of the premises are hindered due to the unique characteristics of the land; and sufficient proof has been demonstrated to show practical difficulties in the use and proposed improved development of his property necessitating the variance for the subject proposed addition; (j) the interests of justice will best be served by granting a variance, as alternatively noted below, for an addition to the proposed building. (k) the continued use, within the proposed building addition will not adversely affect the safety, health, welfare, comfort, convenience, and order of the town; (1) the addition and its use thereof are both in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Dinizio, seconded by Mr. Grigonis, it was RESOLVED, to DENY WITHOUT PREJUDICE, the relief requested for an unenclosed boat rack storage structure of a size 11.0 by 102.0 feet, as applied; and Page 6 -Appl. No. 3938 Application of VILLAGE MARINE Decision Rendered November 29, 1990 RESOLVED, to alternatively APPROVE a 60 ft. by 40 ft. addition to the principal building, with reduction under the landscaping and parking regulations of the zoning code and as more particularly shown on the plan prepared by Glueckert & Wieber, Architects, lastly dated October 18, 1990 SUBJECT TO THE F, DLLOWING CONDITIONS: ' 1. Setbacks shall not be less than that applied for and shown on the October 18, 1990 plan; 2. Ten (10) on-site parking spaces shall be provided, which must remain open and unobstructed at all times, and each stall must be painted or otherwise marked to be easily noticeable. Vote of the Board: Ayes: Messrs. Grigonis, Doyen and Dinizio. (Absent were Member Sawicki and Chairman Goehringer, who abstained in this matter.) This resolution was duly adopted. /\ f% a¢',v k, 3ORING No. 1 15 ~ BORING 'No. 2 - ~ . L .......... * ~1 KEY ,~t.~3 O 1991 GLUECKERT ANo WIEBER ARCHITECTS 300 WHEELER ROAID SUITE 303 HAUPPAUGE NEW YORK 1178S /