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HomeMy WebLinkAbout3524Southold Town Board of Appeals I~AIN ROAD- STATE ROAD 25 SOUTHOLD, I-.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3524 Application Dated June ]0, ]986 TO: Port of Egypt Enterprises, Main Road Southold, NY 11971 Inc. [Appellant(s)] Peconic Associates as Agent, Box 672, Greenport, NY 11944 At a Meeting of the Zoning Board of Appeals held on Ju]~ 3l, ]986, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoninq Ordinance Article XI , Section ]00-]]9.~(B) [ ] Request for Application of PORT OF EGYPT ENTERPRISES for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for permission to locate marine fuel storage tank structures in this "C-Light" Indus- trial Zoning District with an insufficient setback from landward edge of tidal wetland and from ordinary highwater mark, at 6230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1. WHEREAS, a public hearing was held on June 19, 1986, in the Matter of the Application of PORT OF EGYPT ENTERPRISES, INC. under Appeal No. 3524; and WHEREAS, the board members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, at said hearing all those who desired to be heard were heard, and their testimony was recorded; and WHEREAS, the board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, the board made the following findings of fact: 1. The premises in question is located in the "C-Light" Industrial Zoning District along the south side of the Main Road (State Road 25), in the Hamlet of Southold, and is identified on the Suffolk County Tax Maps as District 1000, Section 56, Block 6, Lots 4, 6 (record owner: Port of Egypt Enterprises). 2. The subject premises consists of a total area of 10.5± acres (including land under water) with 600± feet frontage [lot width]. Premises adjoining this property on the westerly side is presently owned by C & L Realty, Inc. which was not made a part hereof. Existing are numerous buildings, all as shown on the site plan mapped April 19, 1985, amended May 29, 1985, prepared by Roderick VanTuyl, P.C. (CONTINUED ON PAGE TWO) DATED: August 8, 1986. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3524 Matter of PORT OF EGYPT ENTERPRISES Decision Rendered July 31, 1986 3. By this application, appellant requests permission to locate three fuel storage tanks within containment walls with an overall outside dimension of 24'10" by 16'6", more or less, as shown on diagram dated October 31, 1985 prepared by Peconic Associates (A-l), with a setback of 13 feet from the edge of rip-rap along the water's edge at its closest point from the outside containment wall, and 23 feet to the first fuel tank, as amended. 4. Article XI, Section lO0-119.2(B) of the Zoning Code requires all buildings and structures located on lots adjacent to tidal water bodies other than the Long Island Sound to be set back not less than seventy-five (75) feet from the ordinary highwater mark of such tidal water body, or not less than seventy-five (75) feet from the landward edge of the tidal wetland, whichever is greater. Relocation and installation of fuel tanks are required by Article 12 of the Suffolk County Health Code, which limits the distances between the dispensing pumps and fuel tanks, etc., and must be installed in compliance with the provisions of the National Fire Protection Association (NFPA) regulations and Tidal Wetlands Land Use Regulations, 6 NYCRR. 5. It is noted for the record that actions have been taken under Applications No. 3494 and 3495 by this board con- cerning similar relief, as noted therein. 6. It is the opinion be within the best interests customers, employees, etc., located in area more distant noted below. of the board members that it would and protection of the public, if the fuel-storage tanks were than the area chosen, as further In considering this appeal, the board finds and deter- mines that by locating the proposed fuel tanks with containment enclosure and fencing at a distance, noted below: (a) the variance will be the minimum necessary; (b) the circumstances are unique; (c) the practical difficulties are sufficient to warrant a granting of this variance; (d) there will be no sub- stantial change in the character of the district; (e) the relief as granted is not substantial; (f) the circumstances are not shared by other properties generally existing in the neighborhood; (g) that in view of the manner in which the difficulty arose and in consideration of all the above factors, the interests of justice will best be served by allowing the variance, as conditionally noted below. Accordingly, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that a Variance for permission to locate fuel storage tanks within containment walls as shown by building plan view dated 10-31-85, prepared by Peconic Associates, Inc., in the Matter of the Application of PORT OF EGYPT ENTERPRISES, INC. under Appeal No. 3524, BE AND HEREBY IS APPROVED AS'CONDITIONALLY AND SPECIFICALLY NOTED BELOW: Page 3 Appeal No. 3524 Matter of PORT OF EGYPT ENTERPRISES Decision Rendered July 31, 1986 1. Subject to all agency approvals, including the N.Y.S. Fire Code, Suffolk County Health Department regulations, N.Y.S. Department of Environmental Conservation regulations, etc. 2. Concrete flash wall on water side must be the same height as tanks, or higher; on other three sides, minimum of four feet high; as well as 8-foot chainlink, slatted fence affixed into top of walls; 3. Top of fence (wall) facing water side must have barbed wire curl to prevent scaling of wall or fence; 4. Setbacks to be: (a) from existing stack-rack building 135 feet to west corner of tank and pump; (b) 77 feet from southeast corner of existing one-story motel building at closest point; (c) 35 feet from southeast corner of loading ramp sump no closer than 25 feet to rip-rap; 5. Proper diking and cement walls containment to retain any leakage of fuels; 6. Signs to be requiring "no smoking" standards. placed on fencing identifying danger and as per National Fire Protection Agency Vote of the Board: Ayes: Messrs. Doyen and Sawicki. (Member Grigonis was tion was duly adopted. Goehringer, Douglass, absent.) This resolu- lk GERARD P. GOE RINGER/CHAIRMAN ~" August~8',$ 1986 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 public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hal!, Main Road, Southold, NY on THURSDAY, JUNE 19, 1986 and as follows: ~:30 p.m. Appeal No. 3489 - PAUL LEARY for a Reversal of Decision of the Building Inspector for Nullification of Actions to issue a Modified Permit and Demolition Permits and that the property owners be left to regular procedures of law, to be allowed only after review by the Board of Appeals and in accord- ance with all provisions of law. Name of Owners/Location of Property: FRANK E. AND MARY BROPHY, 75 Second Street, New Suffolk, NY; County Tax Map Parcel No. 1000-t17-10-20.7. (Recessed from 5/1/86) 7:40 p.m. Appeal No. 3499 DANIEL AND LISA JEROME for a Special Exception of'the Zoning Ordinance for approval of an accessory apartment pursuant to Article III, Section lO0-30(B). Location of Property: 45125 Main Roads Southolds NY; County Tax Map Parcel No. 1000-75-02-3.1. 7:45 p.m. Appeal No. 3502 GREGORY FOLLARI for a Variance to the Zoning Ordinance, Article XI, Section 100-119.2 for per- mission to locate new dwelling with an insufficient setback from LongfIsland Sound bluff. Location of Property: North Side of Sound Drive, Greenport; ]'!Map of Section Four-Eastern Shores" Lot #117, Map No. 4586; County Tax MaD Parcel No. 1000-33-1-15. 7:50 p.m. Appeal the Zoning Ordinance, to locate new pool, deck and fence back from Long Island Sound bluff. Side of Soundview Avenue, SouChold, No. 1000-51-4-17. No. 3508 - DAVID MOORE for a Variance to Article XI, Section 100-119.2 for permission areas with an insufficient set- Location of Property: North NY; County Tax Map Parcel 7:55 p.m. Appeal No. 351~ - HOWARD REINHART and CHARLES HYDELL for a Variance to the Zoning Ordinance, Article XIs Section lO0-118(B) and Article III, Section lO0-30(A) fo~ permission to use existing building for woodworking shop and sales in this "A-40" Residential and Agricultural Zoning District. Location of Property: 43305 Main Page 2 Notice of Hearings Southold Town Board of Appeals Regular Meeting - June 19, 1986 Road, Peconic, NY; County Tax Map Parcel No. 1000-75-0~-16. 8:00 p.m. Appeal No. 3516 ALBERT J. BODENSTEIN for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to construct addition with an insufficient setback from the closest northerly property line as shown by sketched survey dated April 22, 1986. Location of Property: 6135 Indian Neck Road, Peconic, NY; County Tax Map Parcel No. 1000-86-6-19. 8:05 p.m. Appeal No. 3424 - ELEANOR LEONARD for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bulk Schedule, for approval of two contiguous parcels, having insufficient area, width and depth. Location of Property: Along Right-of-Way off the east side of Bay Home Road (and along the end of Willow Point Road), Southold, NY; County Tax Map Parcels No. 1000-56-5-39, 40, and 41. 8:10 p.m. Appeal No. 3518 - MARJORIE D. PETRAS for a Variance to the Zoning Ordinance, Article XI, .Section 100-119.2 for insufficient setback of proposed additions from butkhead along Corey Creek, at 700 Koke Drive, Southold, NY; County Tax Map Parcel No. 1000-87-5-006. 8:15 p.m. Appeal No. 3505 RALPH AND LUCILLE STOCKER for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate proposed new dwelling with an insufficient frontyard 1080 Maple Lane (a/k/a 55 Cleaves Point, Section 3, Parcel No. 1000-35-5-28. setback. Location of Property: Snug Harbor Road), Greenport, NY; Map No. 4650, Lot 59; County Tax Map 8:20 p.m. Appeal No. 3513 STEPHEN SHILOWITZ for a Variance to the Zoning Ordinance, Arti.cle XI, Section 100-119.2(B) for permission to construct condominium complexes within 75' of bulkhead Dr tidal water. Location of Property: West Side of Sixth Street, Greenport, NY; County Tax Map Parcel No. 1000- 49-01-25.t. Zoning District: ."M-Light-Multiple." 8:30 p.m. Appeal No. 3510 RICHARD AND RUTH ZEIDLER for a Variance to the Zoning Ordinance, A~ticle XI, Section 100-119.2(B) for permission to locate proposed pool, deck and fencing within 75' of bulkhea or tidal water. Location of Property: 100 McDonald's Crossing off the South Side of Peconic Bay Boulevard, Laurel, NY; Edgemer6 Park Lots t2, t3~ and 14; County Tax Map Parcel No. 1000- Page 3 - Notice of Hearings Southold Town Board of Appeals Regular Meeting June 19, 1986 145-4-15. 8:40 p.m. Appeal ~o. 3524 - PORT OF EGYPT ENTERPRISES for a Variance to the Zoning Ordinances Article XI, Section 100-119.2(B) / for permission to locate marine fuel-storage tank structures in this "C-Light" Industrial Zoning District with an insufficient setback from landward edge of tidal wetland and from ordinary highwater mark, at 6230 Main Road, Southold, NY; County Tax Map // Parcel No. 1000-56-6-4, 62 6~1. 8:45 p.m. Appeal No. 3525 - PORT OF EGYPT ENTERPRISES for a Special Exception to the Zoning Ordinance, Article VIII, Section lO0-80[B) for permission to install/relocate marine fuel-storage tanks in this "C-Light" Industrial Zoning District, at 6230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-$-4, 6, 6.1. 8:55 p.m. Appeal No. 3512 SAMUEL BAILS for a Variance to the Zoning Ordinance, Article III, SectionilOOZ31, Bulk Schedule, for permission to construct deck addition and roof over cellar stairs which exceeds the maximum-permitted 20% lot coverage and roof overhang will reduced sideyard setback to less than that permitted. Location of Property: 1980 Sigsbee Road, Mattituck, NY; County Tax Map Parcel No. 1000-144-01-015. The Board of Appeals will hear at said time and place all persons or representatives desiring to be heard in each of the above hearings. Written comments may also be submitted prior to the conclesion of the hearing in question. For more informa- tion, please call 765-1809 (alt. 1802). Dated: dune 9, 1986. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN ATTENTION NEWSPAPERS: Please publish Thursday, June 12, 1986 and forward two affidavits of publication on or before June 17th to: Board of Appeals, Main Road, Southold, NY 11971. lk 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 . ~bd.~.g~.. ~....Z..Z.. ..... 19~..(=. for permit to /4'/¢)[~./.h¢~'...Ff.d.~.-~. ~.7'.~f~..~.~.z~_.., lz.,/'~./~G.~,ff-~'YT-. LC)/~. ........ at Location o f Property .. ~.d.~..C:).. ........ ?~,,,'O/../~....,~.,4k .K~. ....... .~.O. C4.7[-/O./~..... House No. Street Hamlet County Tax Map No. I000 Section .()~.~. ....... Block .. Od ........ LotO.~.:~..T..~,{-~..-'7. d Subdivision ................. Filed Map No ................ Lot No .................. is returned herewith and disapproved on the following grounds .~'~./~..~.~-ff¢:~..~".~... (?... ' ' ~ .~.-c,~ ................ ...... 7 Bu~ld~n~ Inspector RV 1/80 TOWN OF SOUTHOLD, NEW YORk APPEAL NO. ~u~ ~* DATE J~J~...%,...t.g&& ..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N.Y. 1, (We) ...P.o..;'.t,..o~..e, gY.P.t-~.e~t,e,~.l~Z:i~.-7. ......... Of ...~MAi~..~:OArD ...................................................... Ndme of Appellant ~ 5treet and Number SOUTHOLD, L.T. J~Y,~..Y411~ ....... ..,.HEREB¥~PPEAL~ TO Municipality State THE ZONING BOARD ,OF APPEALS FROM THE DECISIO~ ;oF yHE ~U~I~DING INSPECTOR ON , DATED...3~.~.~ APPLICAT ON FOR PERMIT NO ..: ........ : ........................... ;- ....................................... WHEREBY THE BUILDING INSPECTOR DENIED TO (X) Name of Applicant for permit o~ ..~.:...o..:..~.o..x....6..7..2..,... 9.%z....~_P. 9.% .T.,...~.,...I,,.,...~;~...~9~ ..~...~,~.~ ............................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY ( ) 1. LOCATION OF THE PROPERTY 6~.30..NA.TN..~)ADt...SOD'~O~,Dt...~v..7~,z~...~i]W..¥O~ .................. Street ' Use District onZoning ;Map ....0..5..6. ...... .0..6........04q.2.-..O3;q.-..0.4 ................................... Current Owner PORT OF EG~?T ~2NTERPRISES Map No. Lot ,No. 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 100-119.2B 3. TYPE OF APPEAL Appea is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A prewous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appec was (X) request for a special 9ermit (X) request for a va'lance and was maae in Appeal No.....3494 .................. Dated -'APR'~h'4'~;"'½986 ........................................ ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that PRACTICAL FUEL TANK LOCATION WOULD HAVE INSUFFICIENT SETBACK FROM LANDWARD EDGE OF ORDINAR~ HIGH WATER MARK. l~3rm ZB1 (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because THE FUEL TANKS ARE FOR MARINE USE AN-D, THEREFORE, OF PRACTICAL NECESSITY LOCATED NEAR BOAT REFUELING DOCK. THE EXISTING TANKS ARE BEING REINSTALLED IN ACCORDANCE WITH ARTICEL 12 OF THE SUFFOLK COUNTY SANITARY CODE. THE LactaTION OE ~HE TANKS AND DESIGN OF ALL PROTECTIVE DEVICES HAS BEEN REVIEWED AND APPRGVED BY THE SUFFOLK COUNTY HEALTH DEPARTMENT (COPIES PREVIOUSLY APPROVED), PLACE~iENT OF TANKS A LONG DIST.%NCE FROM !/{E FUEL DOCK WILL NECESSITATE SEPARATING THE PUMPS FROM THE TANK REQUIRING THE INSTALLATION OF SPECIAL DOUBLE WALL ~dEL LINES FROM EACH TANK. THIS UNDERGROblqD FUEL SYSTEM IS ONE ~HAT SUFFOLK COUNTer HEALTH DEPARTMENT HAS ASKED US TO AVOID IF FAOSSIBLE, SO AS TO DECREASE THE DANGER OF A FUEL SPILL. 2. The hardship created is UNIQUE and is not shored by oil properties alike in the immediate vicinity of this property and in this use district because THE LOCATION OF MARINE FUEL TANKS ADJACENT TO MARINE FUELING DOCKS IS STANDARD AND COMMON PRACTICE AT ALL SUCH LOCATIONS, AND IS IN ACCORDANCE WITH CHAPTER 2 OF N.F.PA. 30=A. THIS CODE ALSO REQUIRES THE DISPENCING PUMP BE LOCATED 20 FEET FROM ANY ACTIVITY INVOLVING SOURCES OF IGNITION. (THIS WOb=~D INCLUDE VEHICULAR TRAFFIC). SEE SITE PLAN ATTACHED. 3. The Variance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because THE TANKS ARE ALREADY IN EXISTANCE AND ARE BEING REINSTALLED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 12 OF THE SUFFOLK COUNTY SANITARY CODE FOR THE PURPOSE OF PROTECTING THE SURROUNDING WATER FROM A POSSIBLE ~'oEL SPILL, NOT APPROVING THIS REQUEST FOR VARIENCE AND NOT INSISTING THE WORK BE ACCOMPLISHED IMMEDIATELY, INCREASES THE LIKELIHOOD OF A FUEL SPILL THAT WOULD CHANGE THE CHAR- ACTER OF THE DISTRICT. LOCATING FUEL TANK AND PUMP SIGNIFICANTLY AWAY FROM ORDINARY HIGH WATER MAKES COMPLIANCE WITH NFPA 30-A P~ACTICALLY IMPOSSIBLE~ RE~OTING PBMPS FROM TANKS iS NOT THE PREFERRED INSTALLATION BY THE HEALTH DEPARTMENT FOR ENVIRONMENTAL REASONS. N~FPA-30A ALSO L~PLIES THAT AN INTEGRATED SYSTEM IS PREFERRED. STATE OF NEW YORK COUNTY OF ss Signature Sworn to this ...... :_4;~< ................................ day / Notary Public ~ilC~iELLE PELLETIER l~ot~y Pub!lc. State of New No. ~87 Qu~ified in S~fo~ Co~ OWN~[R' ' STREET VILLAGE D ST SUB. LOT - - I~c~. I 5 I ~ .... ~'J J TYPE OF BUILDING RES. S~. ~ VL.' J FARM , CB. MITS. Mkt. Value ~ND IMP. TOTAL DATE R~RKS " _ ~Tilloble ', FRONTAGE ON WATER JZ ~ / M~ DEPTH ' ~ ~ P~t BULKH~D TRIM Ext~mio~ Breezeway Garage Patio ~oundation 1711 Basement /~?,,(... Ext. Walls Z,3 Fire Place Type Roof Recreation Room Dorn~er Both Floors /~ ~ ,~/:) /__ Interior Finish ~leot Rooms 1st Floor Rooms 2nd Floor Driveway Dinette DR. BR. FIN. B OWNER - FORMER ACR. TYPE OF :ARM .~ CB. Mkt. Value RES. SEAS. LAN D IMP. TOTAL DATE REMARKS OO AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per ~- Value Acre Tillable Woodland FRONTAGE ON WATER FRONTAGE ON ROAD, DEPTH Meadowland House Plot BULKHEAD DOCK OWNER OD 50 THOLD FO~4ER O~N~R/! ..... ' STREET E ACREAGE ' ~'7.  -~]/..PE OF BUILDING LOT RES, [ FARM COMM.~ZZ/ !IND. 'J CB I MISC. LAND IMP. TOTAL I DATE REMARKS AGE Tillable Tillable Woodland Swampland . Brushland ~Hou~se Plat Total NORMAL Acre BUILDING CONDITION BELOW ABOVE Value Per Acre Value BULKHEAD FRONTAGE ON WATER ~:f~J,7? t~ .~ _- /~Z,,/~ © FRONTAGE ON ROAD ~('Z~ .... DOCK COLOR TR M Extension Extension ~ndotion Ext. Walls Fire Place 3oth Floors Interior Finish Heat Rooms 1st Floor Rooms 2nd Floor Driveway Dinette K. DR. FIN. B M. Bldg. Extehsion [Extension Extension Porch Deck Breezewa ? Garage J'-7 ~ (.3 = ,q'.¢ 4, >~.-:_ Foundation Basement Ext. Wails Fire Place Pool Patio Driveway Bath Floors Interior Finish H eat Attic Rooms Ist Floor Rooms 2nd Floor Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHR~NGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT .J. DOUGLASS JOSEPH H. SAWtCKI TO WHOM IT MAY CONCERN: Enclosed herewith as confirmation of the time and date of the public hearing concerning your recent application is a copy of the Legal Notice as published in the L.I. Traveler- Watchman, Inc. and Suffolk Weekly Times, Inc. Someone should appear in your behalf during the public hearing in the event there are questions from board members or persons in the audience. Please be assured that your public hearing will not start before the time allotted in the Legal Notice. If you have any questions, please feel free to call our office, 765-1809. Yours_ very .~vu~ ~ . G~ERARD P. GOEHR~'NGER CHAIRMAN Enclosure Linda .Kowalski Secretary and Board Clerk APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONI$,JR. SERGE DOYEN, JR. ROBERT J. DOUGLAS$ JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 September 6, 1986 To: Peconic Associates Inc. P.O. Box 672 Greenport, NY 11944 Port of Egypt Enterprises, Main Road Southold, NY l1971 Iric , Re: Appeal No. 3524 and No. 3525 Port of Egypt Gentlemen: Transmitted herewith for your record are copies of the recent response from the Suffolk County Department of Planning concerning their review of the above applications. Yours very truly, Enclosure Linda Kowalski Board Secretary COUNTY OF SUFFOLKe DEPARTMENT OF PLANNING ($16) 360-5513 Town of Southold Board of Appeals August 22, 1986 Applicant: Mun. File No.: S.C.P.D. File No.: Port of Egypt Enterprises, Inc. 3524 & 3525 SD-86-20 C~ntlem~n: Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the above referenced application which has been submitted to the Suffolk County Planning Commission is considered co be a matter for local determination. i decision of local determination should not be construed as either an approval or disapproval. Counts: The fuel storage tanks should be located in an area more distant than the area chosen as set forth by conditions imposed by the ZBA on 7/31/86. GGN:.'Ik Very truly yours, Lee E. Koppelman Director of Planning by Gerald G. Newman Chief Planner 11788 S uthoid Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.h, N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI 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: ×× Variance from the Zoning Code, Article×i , Sectio~O0-119.2 Variance from Determination of Southold Special Exception, Article , Section Town Building (B) Inspector Special Permit Appeal No.:3524 Applicant: Location of Affected Land: 6230 Main Rd., County Tax Map Item No.: 1000- 56-6-4, Within 500 feet of: Town or Village Boundary Line Port of Egypt Enterprises, Southold 6, 6.1 XX Body of Water (Bay, Sound or Estuary) Inc. State or County Road, Parkway, Highway, Thruway Boundary of Existing or Boundary of Existing or Other Recreation Area Proposed County, State Proposed County, State or Federally Owned Land or Federal Park or or Existing or Proposed Right-of Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Established Channel Lines, Within One Mile of a Nuclear Power Plant Within One Mile of An Airport. COMMENTS.: Applicant is requesting permission t0l°cate marine fuel storage tank structures in this "C-Light" Industrial Zoning District with an insufficient setback from landward edge of tidal wetland Copies of Town file and related documents enclosed for your Dated: August 12~ 1986 Secretary, Board of ~ppeals review. APPEALS BOARD MEMBERS GERARD P. GOEHR~NGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD- r::TATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TELEPHONE (516) 765-1809 August 8, 1986 To: Peconic Associates, Inc. One Bootley Alley, Box 672 Greenport, NY 11944 Port of Egypt Enterprises, Inc. Main Road Southold, NY 11971 Re: Appeal No. 3524 (Variance) Gentlemen: Attached hereto is a copy of the official findings and determination recently render.ed and filed this date with the Office of the Clerk concerning the above matter. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construction, in wri. ting, or other documents as may be applicable. If this application'involves a pending subdivision or site plan, please return to the Planning Board for further processing by their office. Please'do not hesitate to call either our office (765-1809) or that of the Building Inspector (765-1802) if you have any questions. Yours very truly, GERARD P. GOEHRINGER Enclosure CHAIRMAN Copy of Decision to ~nd~o Building Department walski Planning Board Suffolk County Planning Commission Page 13 - June 19, 1986 Transcript of Public Hearings Southold Town Board of Appeals 10:58 p.m. PUBLIC HEARINGS - Appeals No. 3524 (Variance) and 3525 (Special Exception). PORT OF EGYPT ENTERPRISES. Fuel-storage tanks location in this "C~Light Industrial Zone" within 75' of wetlands. 6230 Main Road, Southold, New York. The Chairman read the notices of hearings for the record. The reading of both applications was waived and authorized by those present. The hearings were opened simultaneously at 10:58 p.m. CHAIRMAN: I have the map in front of me which is the same map that you gave us the last time, which was amended May 29, 1985, and it indicates the area in question and pretty much the entire marina, and I have a copy of the Suffolk County Tax Map. Would you like to be heard? MERLON E. WIGGIN, P.E. Thank you. I know it's getting late so I'll be very brief. A couple of things I thought might help clarify the application and add some additional information as to why we felt it should be located nearer where it is. First of all, this is a reinstallation of existing tanks. I think part of the notice in the first time was a new installation. It's not. The tanks are in existence the same number, and will be reinstalled (at an alternative location) primarily because of meeting the requirements of Article 12 of the Suffolk County Health Code, which requires berms and retaining walls and special distance as far as tanks and so forth. CHAIRMAN: Where are the tanks now? MR. WIGGIN: The tanks now are on the east side of the property on the other side of the basin. CHAIRMAN: All right MR. WIGGIN: And they have not been installed properly as per the Suffolk County Health Code. We're in a little bit of a dilemma as far as trying to meet all the codes. This present installation location has been approved by the D.E.C~ and the maintenance section of the Suffolk County Health Department. And this application has been kicking around with for almost a year now, and the last ( ) that the Health Department insisted upon was that no buried fuel lines as part of the installation, and therefore the dispensing pumps is adjacent to the tanks and Page 14 - June 19, 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals"No. 3524 and 3525 PORT OF EGYPT hearing, continued:) MR. WIGGIN (continued): the fuel lines are overhead. Also, NFPA's Section 30A makes specific reference to marine tanks and dispensing pumps, and they like to integrate it--in fact the whole regulation is written around integrated tanks. That means the dispensing pumps that's next to the tanks. In fact they even recommend that they cannot be next to the tanks, that they even consider relocating the tanks out on the pier or bulkhead into the water, rather than having a long distance between the dis- pensing pump and the tanks. CHAIRMAN: Can you give us a copy of that--that's very interesting. MR. WIGGIN: Yes, I can. In fact -- BILL LIEBLEIN: I'll give him this copy. MR. WIGGIN: Bill Lieblein has a copy and I can leave that with you. What we tried to do to --by the way--if we remote the dispensing pumps from the tanks and separate it ~-there was some discussion indicated they would like to see-- this means this would be a vehicle roadway between the pump and the tanks, and 6h that roadway goes forklifts, cranes, and so forth. The fuel line under the roadway would have to be specially built, double walls with monitor systems. Also the NFPA requires that at the junction of the shoreline and the dispensing line, there be another special valve to be installed so that you can shut off the lines from the tanks and the dispensing pumps closer to the shore than the tank would be. What we tried to do is, we submitted more detail ]of the site plan location, and the change we had made, we wrote to you the fuel tank installation 90° to the water to keep the gas tanks further away from the boats than they were before, and also we've showed the actual-distances between the tank berms and the shoreline and show where the floating docks would be. This is kind of a compromise between the NFPA and the requirements of the 20-foot dispensing lines, and now requires extensive pump line of abut 25 feet. If you go further away, you cannot see the tanks meters, because that is a concern as far as the ~FPA is concerned. And if you put the dispensing pumps again, on the bulkhead on the water itself, then you've got the hazard which the D.E.C. and the Health Department asked us not to do. So that creates a dilemma as to which way we're going to go. Does that help clarify some of the concerns as to why the tanks were located Page 15 June 19, 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals No. 3524 and 3525 PORT OF EGYPT-hearings, continued:) MR. WIGGIN (continued): where they were. We tried to respond to everybody and say the principal criteria that we are required to meet was the Suffolk County Health Department. If we relocate it separate, then we have to make a new application. CHAIRMAN: When you say 13 feet from the water, are you referring 13 feet from the, I guess you would call it cliff? What do you want to call that? BILL LIEBLEIN~ We got a permit from the D.E.C., Corps of Engineers, the Town Trustees, to use rip-rap to fortify or eliminate the erosion around the edge of our bulkhead. The rip-rap that we're using is the Jockey Creek Bridge. And I--that was the first section that I put this installation in, because I knew that's where we wanted to put the fuel tank, and I've since started another area where I actually got the top soil down and the grass seed planted. We measured back from the edge of this column--what we're doing is we are using large blocks of stone underneath, and capping it with a nice straight line using the pier and then coming back from that. That's where the 13 feet is. MR. WIGGIN: From the top of the new bulkhead. MR. LIEBLEIN: What we tried to do is address-- Bob and I had a long conversation when he came down, and then I got together with Merlon and found out that we would have to go through the wh61e process again, Number One, and Number Two, that they really--they--the Board of Health would prefer to see everything attached to the lines underground, so I proposed that we turn the faiclity 90° to move the gas tanks back further. We also measured exactly how far it would be from the actual boats that might be fueling up, and the boat was tied up, there's the five foot dock, and then we measured to this column and it was another eight feet, ~nd it's 12 feet to the ed§e ~f the tank, and then the first fuel tank is another 10 feet, and if you add all that together, it roughly comes out to 36 feet, which is essentially ten feet more than it was before. The second tank is 20 feet away. Prior to coming in, prior to seeing Merlon, I just kind of put some thoughts down on a piece of paper, some of which are repetition of what Merl said, and I would like to kind of go through them. There might be some additional clarification. Our original application was based on detailed plans that were reviewed and then revised by the County Board of Health and D.E.C. Both from the planning view of non-pollusion and safety and so on. Page 16 - June Transcript of Southold Town 19, 1986 Public Hearings Board of Appeals (Appeals No. 3524 and 3525 - PORT OF EGYPT hearings, continued: MR. LIEBLEIN (continued): And as I just skid, based on your concerns and my discussions with Bob about closeness to the boats, we came up with the rotation of 90° to get the greater distance. I just went through the dimen- sions, we're about 36 feet back to the first fuel tank. Relocating as suggested to 65 feet will require the underground pipes, which Merl talked about and the resubmittal. So since the Board of Health would prefer to see them as close as possible, and I had referenced the NFPA~ which Merl has already brought up and when I'm finished, I'll give you this copy which Merl had given to me-- "...Tanks supplying marine service stations and pumps not integral with the dispensing unit shall be on shore or on the pier of solid fill-type, except as provided in (a) and (b)... (a) Where a shore location would require excessively long supply lines to dispense the authority having jurisdiction may authorize the installation of tanks on a pier provided that the applicable portions of NFPA, et cetera, et cetera, are followed. This is one of the key things. They're saying, "Move the tanks out next to the pumps-- don't move the tanks way back in the inner lands and run more pipes out to-it.'' I think what we propose is a compromise that accommodates both requirements as closely as possible. For economic reasons, we closed down our rental operation because the cost of insurance has gone up as everybody knows and the demand for both rentals is going down in general and of course the brown tide last year and again this year, if we had tried to rent boats, it didn't help a thing. We moved our bait and tackle operation over to our fish market so one person can handle both rather than running two separate operations. So what we end up with now is every time somebody wants gas, we've got to send someone over there--all of which has nothing to do directly with this, but it's one df the reasons we're anxious to get it moved. Second of all, as you know, you have on your pending list an application for a motel, which is what we de~ded would be the most logical use since we've been in the service business there for 40 years--motels or a service business would seem logical to us to perhaps go to that. We haven't done anything on it recently. We haven't been back to you because the Master Plan is coming down the roa.d and we thought we might as well just wait and see what happens there. But that's another reason not to leave the fuel tanks where they are, not to reinstall them where they are, because if we want to build a motel there, and you've got gas tanks, that's not very compatible. And another thing is where we have the tanks proposed now, they're as far as possible from our Page 17 June 19, 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals No. 3524 and 3525 - PORT OF EGYPT hearings, continued:) MR. LIEBLEIN (continued): large storage building, which is where we'd like to keep it. (changed tape to Tape #4) MR. LIEBLEIN: In the event that you can review this and perhaps act favorably on it, we would appreciate it naturally, as soon as possible since we~were working on it for six or eight months now. We had hoped to have it done in March so it would be ready for the season. Obviously that isn't going to happen. We were hoping to get in operation before the season is over. A choice I would probably choose if I could would be just to forget the whole thing except that we've got almost 200 boats in our marina. Albertson Marine doesn't have a fuel facility. And so a lot of his customers come to us~ and the next nearest facility is to go out and to go into Goldsmith"s and that's a tight entrance over there. Pith that number of boats, it's economically feasible to do it, but it's not a great money maker. In any case it's a headache when a person comes to you and says, I've got water in my fuel and it's your fault even though he may have gotten it through his vent or whatever. Some cases, you're better off if you don't sell it if you're in the marine business. I just don't feel we can run our operation without having fuel for our cus- tomers. So, we do have to proceed on it. We've had our present facility where it is for 40 years without a problem. And it has'been--now definitely doesn't comply with whatever the present codes are. I mean it was done over the years--it was the logical place to put it because you were going to pump the gas--you might as well have everything right close together. It happens that the facility where sits now is probably about 15 feet from the back wall of the Arrow Bar and &6out 15 feet from the back wall of our little fishing station. So our feeling is we are making an improved facility, and it's going to be a lot safer out there in the open than it is between the two buildings where it is now. And I guess I don't have any other comments to make at this time, and I would be happy to try and answer any question that you might have. CHAIRMAN: The only question that we when we sent Mr. Douglass down. How plan, Bob? really have is the question do you concur with this new Page 18 June 19, 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals No. 3524 and 3525 PORT OF EGYPT hearings, continued:) MEMBER DOUGLASS: [et me think about it for a while--especially that underground regulation. MR. LIEBLEIN: I would appreciate it, Bob, if you could come down again and look at it when I'm there. CHAIRMAN: Are there any stakes, Bill, Where we can--I've been down there twice and I still have trouble locating it. MR. LIEBLEIN: You won't have trouble any more. Because we had the permit from the D.E.C. and we had the permit from the Trustees. Subsequent to your first hearing, Merl was there and my brother- in-law Ace was chosen to be there that night--I don't know where I had a meeting or something else or what. But he came and I didn't come. And they indicated that there didn't appear to be any question. So I'm sitting here saying, the sooner we get this thing on the line the better, so I dug the hole and backfilled it with sand so it could start settling. So that's there now. There,s no question where it's supposed to go. If it isn't approved, and we don't do it at all, then we just fill the hole and that's the end of it. If it is approved, all I have to do is put the forms in and get started on the construction. So there's no question about where it is now. Except that the hole is a rectangle which sits this way to the bulkhead, and obviously if you approve and say, yeah., turn it 90°, we'll just turn it and it's going to come back further the other way. And that's what we would do. We Would just turn it, push it over to the west as far as p~ssible,~and then it would project back. And it would be out of our way. One of the Qther thoughts that came to our mind, and I didn't even mention it to Merl, I don't know whether and under your concern, main concern is an explosion--I take itl Ok. And I don't know if we said, ok, we have to for the Board of Health purposes, we've got to have the wall high enough so that if one of the tanks leaks it will contain all the fuel that's in that tank and then you can do something about it rather than have it leak into the Bay. I don't think the Board of Health would have any objection to making the wall higher if you said, well, for last protection if it blows up, it can't go out, it has to go up, if we~made the re-enforced concrete wall higher--that's s6mething that I would consider. If Bob came down, and we looked at and said, Gee, if you made it a foot or two higher, and then you came through and said we approve of this location, but we want you to make the retaining wall higher, not to be a retainer, but more as a protection against explosion, that isn't going to cost us all that much, and do you think that would be a pr6blem for the Page 19 - June 19, 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals No. 3524 and 3525 PORT OF EGYPT-hearings, continued:) MR. LIEBLEIN (continued): Board of Health if it was higher? MR. WIGGIN: No, they have no objection to that. MR. LIEBLEIN: As long as it's high enough to contain and that it meets their requirements, and if you folks, just because we want to make it a little safer~ do this, I would be happy to talk with Bob at any tjme~-you know that, Bob. Other than a Saturday and a Sunday. If you come down Saturday, come early. CHAIRMAN: The last pitfall question, and that is, how far from the bulkhead or whatever we want to call this retaining wall that you're building now--could you do it and still pump the fuel and keep the pipes above the ground? ~ MR. LIEBLEIN: I mean we could move back a couple of feet and it wouldn't make all that much ~difference. If you look at that and what happens, we've got an island of boats that comes down and we kind of drive around--people come in with a trailer and unload them and drive right around. We drive down with the folklift to set boats down for winter storage. And there's a lot of ~raffic through there. Well, if you started moving it over and you're trying to move through with the crane and the boat hanging in the sling crossways or a forklift with a boat crossways, the further back you come, you're going to have less boats at the other side. I mean, it i~sn't critical. Another two or three feet would not make that much difference. The only ting is, then you're moving the pumps back and you're going to have a longer hose and you've got to squint a little harder how many--am I $30 even, or whatever. It's an insurmountable problem. And if that's what it took, then we would move it back two or three feet. MR. WIGGIN: The NFPA recommended 20 feet from the hose to the dispensing pumps, and we're going somewhat beyond that because as you can see in the document, they say, take care of the rise and fall of tide and ~he floating dock, i~ you add another section of hose to it to provide that, it still makes you kind of ( ) of the tanks and the pump integrated. MR. LIEBLEIN: If we put it in with the 13 feet from the front-- where that column is now, which marks as far as I'm concerned-- that's like a bulkhead almost, from there back it's 13 feet to the concrete enclosure. The tanks, the pumps would be in front Page 20 ~une 19, 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals No. 3524 and 3525 - PORT OF EGYPT hearings, continued:) MR. LIEBLEIN (continued): of that and they're probably about two or three feet closer to the water, which means it would be 10 feet from where the pump--the hose is attached to the pump to the bulkhead, 8 feet out, and another 5 feet, which comes out to 23 feet. Now if you've got a hose 23 feet long, you can't pump gas. If you have a hose that's 25 feet, you got to get that boat exactly right, so that you can get the pump right in there--and if you've got two boats gassing up at the same time, and you've go% two pumps pumping, obviously t_he two pumps are next to one another unless they're both filling in from the stern, there's no way. So you're going to]wind up with about 25 or 26 feet of hose already. If you move the whole thing back further, it won't happen--it'll be worse than that. Now another possibility would be, I don't know whether this requires complete redesign by the Board of Health, but if you moved it back and brought the tanks out above ground and moved this enclosure back three feet but left the pumps a little closer and had three feet of exposed pipe, whether they would say that's ok--I don't know the answer to that question. I don't care if the hoses are ~ little bit longer myself. CHAIRMAN: Well, we'll come down and look at it, Bill, know that you've got everything all done, and we'll do the best we possibly can for you. It wasn't that we didn't understand it before--it's just we were trying to protect everybody to be honest with you. MR. LIEBLEIN: And I'm sure even if I had been here, the same thing would have happened, and questions would not have come up. We want to provide a good facility. We want to work with the Town. We want them to be safe. We don't want to get killed either. Nobody wants to be killed~ We want to make it as safe an operation as possible. I will mention that if I take a day off, Tuesday is my Sunday. Other than that, I'm there unless I'm out bringing a boat into town for something. Bob, are you saying that you can come down this Saturday morning? MEMBER DOUGLASS: Yes. I'll come down. And if Jerry can come down-- MR. LIEBLEIN: I'll definitely be there all da~ Saturday. I mean, I'm there every days but I'll definitely be there on Saturday or Sunday. Occasionally I'll come into town and pick something up, you know. I would hate to have you guys come down and then we don't get together. If it's a situation where if you're coming Page 21 June 19, 1986 Transcript of Public Hearings Southold Town Board of Appeals (Appeals No. 3524 and 3525 - PORT OF EGYPT hearings, continued:) MR. LIEBLEIN (continued): down, you give me a call and say, be sure and be there--I'm going to be down at lunch time today or 11:00, I'll make myself available. CHAIRMAN: Why don't you go down, Bob, and then I'll go down myself, and then we can compare notes, all right. If you can make it down Saturday morning, try to make it down as Bill say early. MR. LIEBLEIN: The °~ly reason I say that is theL- MEMBER DOUGLASS: Well it must get very busy after a certain hour. MR. LIEBLEIN: After about 9:30 or 10:00, it gets a little hectic. I'll just tell the customer I'~v~ got to talk to you. MEMBER DOUGLASS: I can get there at 9:00. MR. L~EBLEIN: That's super. I appreciate you~ putting us right back on right away. MR. WIGGIN: We enter the same comments simultaneously for both the variance and the special exception. We w6itedl:for the variance assuming that that's where the primary concern will come. CHAIRMAN: We opened both at the same time. MR. LIEBLEIN gave the board a copy discussed to Member Douglass. of the regulation previously CHAIRMAN: Thank you. Nice seeing you, §entlemen. further, I'll make a motion closing the hearing. Hearing no MEMBER DOUGLASS: Can I ask--maybe tomorrow, just out of curiousity, give the Board of Health a call and ask them about your recent discussion-- MR. LIEBLEIN: Move them back a little bit and having them above ground where we don't have to drive over it. MEMBER DOUGLASS: Yes. I think probably the regulations will be entirely different where you don't have to put transportation over the top of it. Page 22 - June 19, 1986 Transcript of Public Hearings S6uthold Town Board of Appeals (Appeals No. 3524 and 3525 PORT OF EGYPT hearings, continued:)- MR. WIGGIN: I think I can answer that, Bob. Their concern was to separate where there's transportation and put an underground fuel line between the dispensing pump and the tanks. If there was a few feet separation be~weeh the retaining wall and the dispensing pump, I'm certain that this would not require any reapplication. MEMBER DOUGLASS: Thank you. MR. LIEBLEIN: I was about to say that in all things like this, I was thinking About it with this couple ahead of me, that when you get a lot of heads together you sometimes come up with a solution that's better than any one individual would come up with. The thought that just occurred to me is maybe we should build up right at the top of the bulkhead with the dispensing pumps right out where that column is now, above ground or whatever, and that way the hose will be shorter, but the other pipe will be a -- we'll work on it. Talk to you Saturday, Bob. Thanks. CHAIRMAN: decision. I!ll make a motion closing the hearing and reserving MEMBER GR~GONIS: Seconded. This resol'ution decision until was duly carried to conclude the hearing, reserving a later date. (See additional pages Respectfully submitted, ~/nda F. Kowalski, Secretary Southold Town Board of Appeals of transcript on other hearing[s]'also attached.) Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS June 25, 1986 GERARD P; GOEH~INGER, CHAIRMAN CHARLES GRIGONIS, JR. //' _S. E. Q. R. A. ~ERGE DOYEN, JR. ROBERT J. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Siqnificanc~. APPEAL NO.: '3524 PROJECT NAME: PORT OF EGyPT 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. This board determines the within project not to have a signifi- cant adverse effect on the environment for the"reasons indicated below. Please take further notice considered a determination made for any other department or agency which may also have an application pending for the same or similar project. TYPE OF ACTION: [X~ Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance to locate fuel tanks with an insufficient setback from tidal wetlands; LOCATION OF PROJECT: Town of Southold, County of Suffolk, more particularly known as:6230 Main Road, Southold; 1000-56-6-.4, 6, 6.1. REASON(S) SUPPORTING THIS DETERMINATION: (1) An Environmental Assessment in the short form has been submitted which indicates that no significant adverse effects to the environment are likely to occur should this project be impleJ mented as planned; (2) The relief requested is a setback variance regulated as provided in Section 617.13 of the SEQRA, 6 NYCRR. that this declaration should not be FOR FURTHER INFORMATION, PLEASE CONTACT: Linda Kowalski, Secretary, Southold Town Board of Appeals, Town Hall, Southold, NY 11971; tel. 516- 765-1809 or 1802. Copies of this notice sent to the applicant or his agent and posted on the Town Clerk Bulletin Board. NOTICE OF HEARING8 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Low and the Code of the Town of Southold, the following public hearings will I~ hold by the SOl--OLD TOWN BOARD OF APPEAL8 at the ~%uthold Town Hall, Msin Roa~ S~,uthold, NY at a Relo~r Meet- mg of the SOUTHOLD TOWN BOARD OF APPEAlS,at tho $outhold Town. Hall, Main Road, Southold, NY on THUR. SDA}~, ,tUNE 19, 1966 and as follows: 7:30 p.m. Appeal No. 3489.- PAUL LEARY for a Reversal of 1)~ci~ion of the Building Inspec- tor for Nullification of Actions to issue a Modified Permit and D~ molition Permit, and that the property owners he lef~ to regular procedu~s of law, to he allowed ~nly aP. er review by the Board of from the closest northerly prop- ;Dis~.rict: "M.L~ght-Mult~ple. erty line as l]]]lkwn by sketched 8i30 p.m. Appeal No. survey deta~il 22, 1986. Lo. RICHARD AND RUTH ZF.~ cation of Pro]~l~ty: 6135 Indian ~ DLER for a Variance to the ZO~ Neck Read, Pecenic, NY; County lng Ordinance, Article XI Sec- Tax Map Parcel No. 1000-86~6- I tion 100-119.2(B)for permission 19. to Io~ate proposed pool, deck and 8:05 p.m. Appeal No, 3424 . ELEANOR LEONARD for a Variance to the Zoning Ordi- nance, Article III, S~tion I00. fencing.within 75' of bulkhead or tidal water. L~cation of Property: 100 McDonald's Crossing off the South Side of Peconic Bay 31, Bulk Schedule, for approval i Boulevard, Lourel, NY; Edge- oftwocontinuousparcels, having ~ ~ Park Lotz 12, 13, and 14; ,~C~lnty Tax Map Parcel No. insufficient area, width ami i~)0.145.4.15' . depth. Location of Property; i,,~{:40 .m. Appeal No. 3525 - Along Right-of-Way off the east side of Bay Home Road (and ' , PORT OF EGYPT ENTER; along the end of'Willow Point~, [s~ISES for a Variance to th~ Read), Southold, NY; County "Zoning Ordinance, Article XI~ Tax Map Parcels No. 1000-56-5- ~ection 100-119.2(B) for portals- 39, 40, and 41. ~ sion tolocatomarine fuel-storage 8:10 p.m. Appeal No. 3518 - { tank structures in this"C-Light" MAI~]IORIE D. PETR~ for a' ~ Industrial Zoning District with Variance to the Zoning Ordi- an insufficient setback from nance, Article XI, Section 100- i landward edge of tidal wet,nd 119.2 for insufficient setback of and from ordinary highwater Appeals and in accordance with all provisions of law. Name of Owners/Location of Prop~cty: , FRANK E. AND MARY BROPHY, 75 Second Street; New Suffolk, NY; County TaX Map Parcel Ho. 1000-117-10- ] 0.7. (Recessed from 5/1/86) 7:40 p.m. Appeal No. 3499 -. DANIEL AND LISA JEROME for a Special Exception of the Zoning Ordinance for approval of proposed additions from bul- khead along Corey Creek, at 700 Koke Drive, Southo'a, County Tax Map varcei 1000-87-5-006. 8:15 p.m. Appeal No. 3505 - RALPH AND LUCILLE STOCKER for a Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to locate proposed new dwelling with an insufficient frontyard setback· location of Property: suant to Article Ill, Section 100- 1080 Maple Lane (a/lea 55 Snug '~01B). Location of Property: Harbor Road), Greenpert, NY; 45125 Main Read, Southold, NY; Cleaves Point, Section 3, Mop County Tax Map Parcel No. No. 4650, Lot 59; County Tax 1000-75-02-3.1. 1 Map ParceI No. 1000-35-8-2g 7:45 p.m. Appeal No. 3502 - ~ GREGORY FOLLARI for a Variance to the Zoning Ordi- .mnce, Article XI, Section 100- 119.2 for permission to locate new dwelling with an insuffi- dent setback from Long Island ,%und bluff. Location of Prop- ~?y: North Side of Sound Drive · reenpert; "Map of Section Four- I,:astern Shores" Lot no. 117, Map %. 4586; County Tax Map Par- cel No. 1000-33-1-15. 7:50 p.m. Appeal No. 3508 - DAVID MOOREfor a Variance ~o the Zoning Ordinance, Article XI, Section 100-118.2 for permis- sion to locate new pool, deck and fence areas with an insufficient setback from Long Island Sound b~uff. Locatmn of Property: North Side of Soundvi~w Av- enue, Southold, NY; County Tax Map Parcel No. 1000-51-4-17. ?:55 p.m. Appeal No. 3515 - IOWARD REINHART and 'HAIILES HYDELL for a /ariance to the Zoning Ordi- ,anco, Article XI, Section 100- lS!B~ and Article ltl Section 100-30(A) for permission to use xistmg building for woodwork- .~g shop and sales in this "A-40" :esidential and Agricultural- '.oning District. Location of h-operty: 43305 Main Road, ~econic, NY; County Tax Map ~arce] No. 1000-75-01-16. 8:00 p.m. Appeal No. 3516 - ~. LBERT J. BODENSTEIN for Variance to the Zoning Ordi- ~m¢~, Article IlL Section 100-31 8:20 p.m Appeal No. 3513 - STEPHEN SHILOWITZ for a Variance .to the Zoning Ordi- nance, Article XI, Section 100- 119.21B) for permission to con- struct condominium complexes within 75' of bulkhead or tidal water. Location of Property: West Side of Sixth Street, Green~- port, NY; County Tax Map Par- cel No. 1000-49-01-25.1. Zoning mark, at 6230 Main Road, South: old, NY; County Tax Map Parcel qo. 1000-56-6-4,6,6.1. 3524 _kx /'8:45 p.m. Appeal No. PORT OF EGYPT ENTER- PRISES for a Special Exception to the Zoning Ordinance, Article VIII Section 100-80(BI ibr per-t mission to insta /relocate ,,m, ~rine fuel-storage tanks in thik C-Light" Industrial Zoning did- trict, at 6230 Main Road, South- old, NY; County Tax Map Parcel AMUEL BALLS lot a Variance to the Zoning Ordinance, Article .~ 111, Section 100-31, Bulk Schedule, for permtsslon to con- struct deck addition and roof over cellar stairs which exceeds the ' maximum-permittod 20 percent lot coverage and roof overhang with reduced sideyard setback to less than that permitted. Loca- tion of Property: 1980 Sigsbee Road, Mattituck, NY; County Tax Map Parcel No. 1000-144- 01-015. The Board of Appeals will hear at said time and place all person,~ or representatives desiring to be heard in each of the above heat- ings. Written comments may also be submitted prior to the tion. For more informatiod, please call 765-1809 lair. 18021. Dated: June 9. 1986 BY DRDER OF TIlE SOUTHOLD TOWIq BOARD OF Al'PEALS GERARD P. GOEHRINGER CHAIRMAN ITJ 12-5283 :_avson of Greanport, in ng duly sworn, says that ha/she is ,f THE SUFFOLK TIMES, a Weekly dished at Greenport, in the Town unty of Suffolk and State of New he Notice of which the annexed is has been reguiaHy published in ~r once each week for __~na _ ;ely, commencing on the 12 %e .... ~9___86 Principal Clark EN, pursuant to ~tion ~6~ @f the Town Law'and tl)e Cod~ bf the Town of s0'uth01d,~ the following public hearings w 11 be held by ihe SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, Main Road, Southold, NY at a Regular Meeting of the SOUTHOLD TOWN BOARD OF APPEALS at the Sot~thOld Town Hall, Main Road, Southold, NY on THURSDAY, JUNE 19, 1986 an~l as follows: 7:30 p.m. Appeal-No.'34~9-~. PAUL L .aV to n of DecisiOn of'the~uilding Inspec; tot for Nulljfl~tion of Actions to issue a Modified Permit and Demolition Permit, and that the property owners be' left to,, regular procedures of law, to be allowed only after review by the Board .of Appeals and in accor- dance with all provisions of la~c Name of Owners/Location of Property: FRANK E. A. ND MARY BROPHY, 75 Second Street, New Suffolk, NY; Court. ty Tax Map Parcel No. 1000-117-10-20.7. (Recessed from 5/1/86). : 7:40 p.m. Appea No. 3499- DANIEL AND LISA JEROME for a Special Exception of the Zoning Ordinance for approval of un accessory apartment pur- suant to Article Ill, Section 100-30(B). LocatiOn of Proper* ty: 45125 Main R~ad, Soathold, NY; County Tax Map Parcel No. 1000-75-02.3.1. 7:45 p.m, Appeal No, 3502~ GREGORY FOLLARI fora Variance to the Zoning_ dinauce, Article XI, Section 100-119.2 for permission to locate new dwell~ing with an in- sufficient setback from Long Island Sound bluff. Location Of: Property: North Side of Sound Drive, O~enport; "Map of Sec- tion Four-Eastern Shores" Lot No. 117, Map No. 4586; Coun- ty Tax Map Parcel No. 1000-33-1-15. 7:50 p.m. Appeal No. 3508- DAVID MOORE for a Varianc~ to thc Zo,niqg Ordinance, Arti~ cie XI, Section 100-119,2 for per- mission t6 lOCate new pool, deck and fence areas with an insuffi- cient setbackxfrom Long Island Sound bluff. Location of Pro- perry: North side of Soundview Avenue, Southold, NY; County Tax Map. Parcel N,o. 1000-51-4-17; 7:55 p.m. Appeal No. HOWARD REINHART AND CtlARLES HYDELL for a Variance to the Zoning Or- dinance, Article XL Sectioh 100-118(B) and A~' rifle 111, See- tion 100-30(A) for permission to use existing building for wood~ working shop and sales in thii "A-40" Residential an~l Agricultural; .Zoning District'. Location of Property: 43305 Main Road, Peconie, NY; Coun-' ty .Tax Map Parcel 1000-75.01-16. OCOUNTY OF SUFFOLK 8:00 p.m. Appeal No. 35l~ ~"" ALBERT J. BODENSTEIN fo~ a Variance to the Zoning Orr'* dina~ce, Article. Ili, Se~ti~b, 100-31 for permission to con: st~uct addition with an insuffi- c(ent ietback from the closest n~nlherly property llne as shown by sketched survey dated April ~2, 1986. Location of Property: SS: 8:05 p.m. Appeal No. 342'4- ELEANOR LEONARD for a Variance to the Zoning Or: dinnnce, Artick 111, Section 100-31, Bulk Schedule, for ap- proval of two contiguous parcels, having insufficient area; width and depth. Location ot Property: Along Right-of-Way off the east side of Bay Home Road (and along the end ot Willow Point Road), Southold; NY;. County Tax Map Parceb eing duly sworn, says that she is the IG ISLAND TRAVELER-WATCHMAN, printed at Southold, in Suffolk County; )f which the annexed is a printed copy, in said Long Island TraveJer-Watchman / No. 1000-56-5-39, 40, and 41. 8:10 p.m. Appeal No. 3518- ~ ~9 O~,~ MARJORIE D. PETRAS for a ....... ' ..... Variance to the Zoning Or- dinance, Article Xl, Sectior 100-119.2 for insufficient setbacl, of proposed additions frort bulkhead along Co~'y.Creek, al 700 Koke Drive, Southold, N~ County Tax Map Parcel N6. 1000-8%5-006. ' · , 8:15 p.m. Appeal No. 3050- RALPH AND LUCILLE STOCKER for a Variance to the Zoning Ordinance, Article ' 111, Section 100-31 for. permis- sion to locate proposed new dwelling with an insufficient frontyard setback. Location of Property: lf~80 Maple Lane (a/k/a 55 Snug Harbor Road), Greenport, NY; Cleaves Point, Section 3, Map No. 4650, Lot. 59; County Tax Map Parcel No. 1000-35-5-28. ' STEPHEN sFiI'LOWITZ for a Variance to the Zoning Or- dinance, Article XI, Section 100-119.2 (B) for permission to construct condominium com' plexes within 75' of bulkhead or' tidal water. Location of Proper- ty: West Side of Sixth Street, Greenport, NY; County Tax Map Parcel No. 1000-49-01-25.L Zoning District: "M-Ligh? Multiple." 8:30 p.m. Appeal No. 3511J- RICHARD AND RUTH ZEIDLER for a Variance to the ' Zoning Ordinance, Article XI Section 100-119.2(B) for permis- sion to locate proposed pool, deck and fencing within 75' of bulkhead or tidal water. LOc~:- tion of Property: 100 McDonald's Crossing off th.~ South Side of Peconic Bay B6ule~;ard, Laurel, NY~. Edgemere Park Irots 12, 13, and ~4; County Tax Ma!~ Parcel No. 1000-145-4-15. NO. ~ 8:40 p.m. Appeal No. 3524--'~ ~ PORT OF EGYPT ENTER-\, ( PRISES for a Variance the Zon- ~ lng Ordinance, Article XI, Sec; ~ J tion !00-119,2(B) for permission ~ '~ to locate, marine fuel-,stora8e I / tank structures in th~s "C. \ / Light'~ Industrial Zoning \ /, Dht~i~t'iwithan ~ns.uffigient set,. ~ / back fm~ lafidward edge of \ t tidal ~/et~d iind from ordinary '~ ~ highwater mark, at 6230 Main ~ Road, 8oUthOld, NY; Coufity X,,._ T~M~P~I N0. 1000-56=~=-~.,--~ ~K', '6.1. Notary Public BARBARA FORBES NoLary Public, 8tare of New York No. 480~46 Qualified in Suffolk County Commission Expires ~ ~/ 19 ~'~ 8:45 p.m. Appeal No. 3525- PORT OF EGYPT ENTER2 PRISES for a Special,Exception to the Zoning Ordinance, Arti- cle VIII, Section 100-80(B) for permission to install/relocate marine fuel-storage tanks in this "C-Light" Industrial Zoning District, at 6230 Main Road, Southold, NY; County Tax Map Parcel No. 1000-56-6-4, 6, 6.1. 8:55 p.m. Appeal No. 3512 - SAMUEL BAILS for a Variance to the Zoning Ordinance, Arti- cle 111, Section-100-31, Bulk Schedule, for permission to con- struct deck addition and roof over cellar stairs which exceeds the maximum-permitted 20 per- cent lot coverage and roof overhang will reduce 'sideyard setback to less than that permit- ted. Location of Property: 1980 Sigsbee Road, Mattituck, NY; County .Tax Map Parcel No. 1000-144-01-015. DATED: June 9, 1986: The Board of Appeals will hear at said time and place all persons or representatives desir- ing to be heard in each of the above hearings. Written com- ments may also be submitted prior to the conclusion of the hearing in question. For more information, please call 765-1809 (alt. 1802). Dated: June 9, 1986 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN lT-6/12/86t36~ 6135 Indian Neck Road, weeks Peconic, NY; County Tax Map .......................... ~ Parcel No. 1000.86-6-19. ' icing on the ......... '. . . . . ., 9 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO. DATE Jl,rN~..@,..,~8~ ..... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We)..R~.~'.~..o~..~4~y. pr-.~.~r, er.p~$~e~ ............. of Name of Appellant '"{"~]:'N"ROA~)t'r';'~"';'~'~"~;~I~'~ .......................... SOU'~0L~. L.I. .I~7,~..¥4;~I¢ ........... HEREBY, APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED JANUARY 22, Ig86 WHEREBY THE BUILDING INSPECTOR DENIED TO (X) ( ~ ( ) Nome of Applicant for permit of ... ~.:...O..:.. ~.O..X....6..7..2..~...G..R...~..E.N. ~.Q.%Z.,.. ,~.,...~..,.,.. x~.~...Z.O~]¢...r...~.~,9.~ ............................ Street and Number Municipality State PERMIT TO USE PERMIT FOR OCCUPANCY 1. LOCATION OF THE PROPERTY 62.3G.NA.IN..._~OADr..SOU~iO~Dv..~uv..I.~...NSW..¥0B~. .................. ~treet Use District onZoning Map ..... .~.5..~.i.....0.6.......0,~Z-:.0~,3.-..0.4 ................................... Current. Owner FOItT OF EGYFT ENTEI~RZSES Mop No. Lot No. 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.) A~?TCLE XT -- SECTION ].00-1].9.2B 3. TYPE OF APPEAL Appeal is mode herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 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. Such appeal was (X) request for a special permit (X) request for a variance and was made in Appeal No....3494 ..................... Dated ..A~R']b..½7~'..½986 ........................................ ( ) (X) ( ) REASON FOR APPEAL A Variance to Section 280A Subsection 3 A Variance to the Zoning Ordinance is requested for the reason that PRACTICAL FUEL TANK LOCATION WOULD HAVE INSUFFICIENT SETBACK FROM LANDWARD EDGE OF ORDINARY HIGH WATER MARK. Form ZBI (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because THE FUEL TANKS ARE FOR MARINE USE AND, THEREFORE, OF PRACTICAL NECESSITY LOCATED HEAR BOAT REFUELING DOCK. THE EXISTING TANKS ARE BEING REINSTALLED IN ACCORDANCE WITH ARTICEL 12 OF THE SUFFOLK COUNTY SANITARY CODE. THE LOCATION OF THE TA~IKS AND DESIGN OF ALL PROTECTIVE DEVICES HAS BEEN REVIEWED AND APPROVED BY THE SUFFOLK COUNTY HEALTH DEPARTMENT (COPIES PREVIOUSLY APPROVED), PLACEMENT OF TANKS A LONG DISTANCE FROM THE FUEL DOCK WILL NECESSITATE SEPARATING THE PUMPS FROM THE TANK REQUIRING THE INSTALLATION OF SPECIAL DOUBLE WALL FUEL LINES FROM RACR TANK. THIS UNDERGROUND FUEL SYSTEM IS ONE ~HAT SUFFOLK COUNTY HEALTH DEPARTMENT HAS ASKED US TO AVOID IF PAOSSIBLE, SO AS TO DECREASE THE DANGER OF A FUEL SPILL. 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 LOCATION OF MARINE FUEL TANKS ADJACENT TO MARINE FUELING DOCKS IS STANDARD AND COMMON PRACTICE AT ALL SUCH LOCATIONS, AND IS IN ACCORDANCE WITH CHAPTER 2 OF N.F.PA. 30=Ai THIS CODE ALSO REQUIRES THE DISPENCING PUMP BE LOCATED 20 FEET FROM ANY ACTIVITY INVOLVING SOURCES OF IGNITION. (THIS WOULD INCLUDE VEHICULAR TRAFFIC). SEE SITE PLAN ATTACHED. 3 The Variance would observe the spirit of the Ordinance and WOULD NOT 'CHANGE THE CHARACTER OF TIlE DISTRICT because TBE TANKS ARE ALREADY IN EXISTANCE AND ARE BEING REINSTALLED IN ACCORDANCE WITH THE PROVISIONS OF ARTICLE 12 OF THE SUFFOLK COUNTY SANITARY CODE FOR THE PURPOSE OF PROTECTING THE sURROUNDING WATER FROM A POSSIBLE FUEL SPILL . NOT APPROVING THIS REQUEST FOR VARIANCE AND NOT INSISTING THE WORK BE ACCOMPLISHED IMMEDIATELY, INCREASES THE LIKELIHOOD OF A FUEL SPILL THAT WOULD CHANGE THE CHAR- ACTER OF THE DISTRICT. LOCATING FUEL TANK AND PUMP SIGNIFICANTLY AWAY FROM ORDINARY HIGH WATER MAKES COMPLIANCE WITH NFPA 30-A PRACTICALLY IMPOSSIBLE. RE~[OTING P~MPS FROM TANKS IS NOT THE PREFERRED INSTALLATION BY THE HEALTH DEPARTMENT FOR ENVIRONMENTAL REASONS. NFPA-30A ALSO IMPLIES THAT AN INTEGRATED SYSTEM IS PREFERRED. STATE OF NEW YORK COUNTY OF ss Signature M1CII£LLE PELLETIER Notary Public, S~ate of .New York No. 4824987 Qualified in Suffolk County .~.~ Corami~aion Expires ~rd~ 300 19~Y~ Page 4 - Notice MailingList Regular Meeting ings June 19', 1986 Copies to the following June 10, 1986 by mail, except as noted: Suffolk Times (personal delivery 6/10) LI Traveler-Watchman (" " 6/10) Town Clerk Bulletin Board posted 6/10 ZBA Office Bulletin Board posted 6/10 Howard E. Pachman, Esq., 366 Veterans Memorial Highway, Box 273, Commack, NY 11725 as Attorney for Brophy Frederick M. Reuss, Jr., Esq., Reuss Ruchala & Handler, Esqs., Attorney for Leary, Suite 103, 230 Hilton Avenue, Hempstead, NY 11550-8116 Rudolph H. Bruer, Esq., Attn: Mrs. P. Moore, MaiF~ Road, Southold 11971 Attorney for Brophy Mr. Samuel Bail, 1920 Sigsbee Road, Mattituck, NY 11952 Mr. Clarence W. Powell, as agent for Gregory Follari 380 Robinson Road, Greenport, NY 11944 Mr. Gregory Follari, 33 Fairview Avenue, Park Ridge, NJ 07656 Mr. Christopher Schwarting, Southold Pools, as Agent for Dave Moore ~ P.O. Box 539, Southold, NY 11971 Mr. David Moore, 301 East 47th Street, New York, NY - Apt. #3M Mr. Howard Reinhart, 107 Lone Beach Road, St. James, NY 11780 Mr. Charles Hydell, 36570 Main Road, Peconic, NY t1958. (Peconic Wood Design) Mr. and Mrs. Albert J. Bodenstein, 6135 Indian Neck Lane, Peconic 11958 Rudolph H. Bruer, Esq., Attn: Mrs. P. Moore, Main Road, $outhold, NY 11971 as Attorney for Mrs. Marjorie Petras Gary Flanner Olsen, Esq., Main Road, Cutchogue 11935, as Attorney for Mrs. Leonard, Leonard Mr. Garrett A. Strang, as Agent for Mr. and Mrs. Ralph Stocker, 54655 Main Road, Southold, NY 11971 Stephen R. Angel, Esq., as Attorney for Stephen Shilowitz, Esseks, Hefter, Cuddy and Angel, 108 East Main St., Box 279, Riverhead, NY 11901 Mr. Stephen Shilowitz, 330 East 33rd St, New York, NY 10016 Mr. and Mrs. Richard Zeidler, Box 165, Edgemere Park, Laurel, NY 11948 Mr. Merlon Wiggin as Agent for Port of Egypt, Box 672, Greenport 11944 JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL ST^TISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD June 10, 1986 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3524 application of Port of Egypt Enterprises for a variance. Also included is Short Environmental Assessment Form; letter relative to N.Y.S. Tidal Wetlands Land-Use; Building Department's Notice of Disapproval; letter of authorization for Peconic Associates; and site plans. Judith T. Terry Southold Town Clerk PE oNIC ASSOCIATES, INC. ENGINEERING & PLANNING CONSULTANTS One Bootleg Alley P,O. Box 672 Greenport, New York 11944 Telephone: (516) 477-0030 ASSOCIATES: Fairweather/Brown Architects Gannet Fleming Engineers R.P. Morrow & Associates Winery Design Planners East Em'ironmental Planning Wilhelm Atlantic Co. Financial Planning June 1M, 1986 Gerard P. Goehringer Chairman Southotd Town Board of Appeals Main Road State road 25 Southold, L. I. New York - 11971 Dear Mr. Goehringer: Re: Port of Egypt Enterprises, Southold, New York. Attached are resubmittal forms and supporting documents for a Variance and Special Exception for the reinstallation of existing fuel tanks for the Port of Egypt Marine. Because of the uniqueness of the requirements for a marine fuel tank installation and their despensing pumps, I thought it might be helpful to mention the following items: These fuel tanks are already in existance and are to being used provide fuel to a considerable number of small boats that use the Port of Egypt Marina. A reinstallation is required by Article 12 of the Suffolk County Health Code to provide diking capability and other environmental safeguards. Because of the Health Department's concern over buried fuel lines, the preferred and approved design included the fuel tanks being located adjacent to the dispensing pumps so as to avoid the burying of any active fuel lines. Gerard P. Goehringer June 1~, 1986 Page 2 A telephone review with the applicable section of the Suffolk County Health Department indicates that, if the tanks are to be relocated sixty-five (65) to seventy- five (75) feet from the water and/or the dispensing pumps made separate from the fuel storage tanks, than a reapplication would be necessary. The installation also needs to comply with the applicable provision of N.F.P.A. 3~-A. Chapter 2 of this regulation makes reference to dispensing pumps being integral with the tanks, and that excessive supply lines to the dispensing pump should be avoided, even to the point of suggestion that authorization be obtained to install one of the tanks on a pier so as to avoid excessive long supply lines to the pumps. The fuel dispensing pumps also need to be within visual range of the operator or persons doing the dispensing, and hose lengths generally should not exceed eighteen (18) feet. The revised site plan is an attempt to provide a practical compromise to the requirements of the Town, N.F.P.A., and the County Health Department. You will note that the edge of the concrete retaining wall will be thirteen (13) feet from the water, or twenty-six (26) feet from the outboard side of the floating dock. The dispensing pumps are also located approximately twenty-five (25) feet from the vehicle drive, and the dispensing pumps are adjacent to the storage tanks, eliminating the need for underground fuel lines. If you have any questions about the suggested revision to the request for a Variance and Special Exception, we will be happy to provide any additional information immediately. Sincerely, PECONIC ASSOCIATES, INC. Presiden~ gg ~/~Ph. D. I~ARD OF APPEALS, TOWN OF SOUTHOLD .._r~n the Matter ot the Petition of the Board of Appeals of lhe Town of Southol~ TO: Arr and NOTICE TO ADJACENT PROPERTY OWNER to request a (,~Larianc~(~e-cial Exceptio~ (Special Permit) C.c po..O_eh. P, eo.l;+3 liqll I q'l I YOU ARE HEREBY GIVEN NOTICE: 1, ]hat it is the intention of the undersigned to petition the Board of Appeals of the Town of Southo~l (Other) [circle choice] 2. That the_property which is the subject of the Petition is located adjacent to your property and is des- cribed as follows: 'I~T L~' ~* C'-,,q, DT ~.l,,,I TEI~,~,.~_~_~: -~-~C . 3. That the property which is the subject of such Petition is located in the following zoning district: 4. That by such Petition, the undersigned will request the following relief: 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signed are Article ~ Section Ibo-t%~ ~) /' [O~- Iiq-9_. ~- ] Sect~0n 280-^, New York Town Law for approval of access over right(s)-of-wRy. 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 ezamine the same during regular office hours. (5].6) 765.-1809. 7. That before the relief sought 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: ~'~'IA~E q, Iq~,L,~ Petitioner Owners' Names :~DP.~- 6~ EC-,_qpT Post Office Address (Tel. PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 262 409 969 RECE PI- FOR CERl~FiED MAlt. · STATE OF NEW YORK ) COUNTY OF SUFFOLK) P 262 409 968 RECEIPT FOR CERTIFIED MAIL BOLIT~d N.~ l~q~l 7o MCr|On [:. V~;nn,r-., .~e.c~'r J~c:.~. . residing at ~ne ~,,,~ten ~e~; ~e~n,~?~; ~ ~l~qq~ , being duly swor~, dep~es and ~ys that ~n the t~ day of ~t ~' ' ,19 ~ , deponent mailed a true copy of the Notice ~t forth on ~he re- verse side hereof, directed to each of the above-named persons at the addresses set opposile thor respective name; that the addresses set opposite lhe names of said persons are ~he addresses of said persons as shown o~ the current ass~sment roll of the Town of Sourhold; that said Notices were mailed at the United Stat~ Post ~ rice at ~¢~c+; ~ ~n~; ~.; llqqq that said Notices were mailed to each of said persons by (certified~ (registered) mail. ~ - Sworn to before me this /~:~ '/~ NANCY R NOTA~ ~BLIC, State H~idin~i~ Su~olk Cou~ (This side does not have to be completed on form transmitted to adjoining property owners.) - '..:t, ,. :,. . ~, mission of t!~s form, and an environmental reviuw will . ..~-;' .,: ., ~ made by this~ard before any action is~ken be ' '~'" (a) ~n order to answer the questions in thia short £AF Ia is asm~ed %hat [ha . ,..,:, , , ,' preparer will uae currently available ~o~.~tlcn conceding the ~roJec~.and %h~ ,..1:' ~., , [b) It any question he~ been answered Yee the proJoc~ ~y be ~l~l~icaflt ~nd a .; ,cc~teted ~nvlrc~enta~ A~e~men~ Fo~ i~ necessar/, (c) Zt a[~ que~:~on~ have been an~ered No ~: J~ ~ke~y :~ th~ projact ~ ~lgnirlcant, ( ) Enviren-~entat A~e~.~m*nt , , Wtll project re~u.lt la a large physical ck~nge to the project ~ite or physically alter mor~ t~n 10 aere~ of land? . . . . . . . . Will th~r~ b~ a m Jot change to any ~lque ~nu~ual land fo~ fo~d on the site? W~I project alter or ~v~ a large effect on W~I project h~ve a potentially large ~ on W~I project si~ificantly ~ffect drainage Will project affect any t~eatened or endangered plant or anLv. xl ~pecles? . . . . . . . W~i project re~t in a ma Jet adverse ~ffect on W~I project have a ~mJor effect ~n visual Will proJec~ adversely ~pact any site or st~c~ ~re of historic, pre-21se~ric~ or paleontological importanc~ or any site dosl~ated as a critical egvironmen~l area by a local agency? . . 10. W~I project have a major effect ~n exist~g 11. Will project r~ult In mmJor traffic problems 12. Will project regularly cause objectionable odor:. ~oi3~. glare, vibration, or ~lectrical distur~ ante as a reset of the proJect'~ operation? . Will project have any impact on pub].lc health Will project Affect the existing co,unit7 bi directly cautln4 a growth in Ft'rmnnent pop~da- per~od er have 'a ~ajor ne~Jt~ve e~ecC on ~:.e [5. Is there public cent. rtvers~ concerning the , ',[, ~a.,,,IJ~: PORT OF EGYPT ENTE~ISES, Tea X No Yes X I~o Yes X ·, Yos X No Yee X No Ye.~ X NO Yes X Yea X No Yee X )lo Yee X No Yeu X Yea x );o X Ye~ X No PRESIDENT ',: [" APRIL 16,1986 APRIL 16, 1986 (Today' ";- Dar;e) To: Southo!d Town Board of Appeals blain Road Sou~hold, NY 11971 Appeal Application of __PORT OF. EGYPT ENTERPRISES Location of Property: ROUTE 25, SOUTHOLD, NEW YORK Dear Sirs: In reference to tho. New York State Tidal Wetland-. Land-u Re~u~'ations, 6 NYCRR, Part 661, and Article 25 of the New Yor~ State. Environmental Conservation Law, please be advised that subject property i,n the within appeal application: (please ch,:ck one box) [ x ] bls'./ be located within 300 feet of tidal wetland: howe. vet, conntructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 fee~ in length.~ [ ] May b'e located within 300 feet of tidal wetland: ho'..;ever, constructed along the water-lying edge of this property is a bulkhead in need of (m;_no.- (major) repairs, and approximately feet it length. [ ] [ ] May be located within 300 feet of tidal wet!and: however, constructed along thc water-lying edge of this property is a bulkhead less than 100 fcc in length. May be located :/ithin 300 feet of tiddi wetland.z and there is no bulkhead or · ccnc .... wall exis~/ on the premises. not -[ ] Is not located withi,% 300 feet of tidal wetlands to the best of my knowledge.* appear [.,ta~_ed items ) indicate your property does to fall within the jurisdiction of thc N.Y.S. D.E.C Sincerely yours, NOTE: If proposed project falls ~itg~in D.E.C. jurisdiction, approval must be received an{! submit~6d to our office before your a~plication can be scheduled for a public hearing. Phone: 765-3918 Port 0[ Egypt Enterprises, Inc. Route 25, $outhohl, L. I., N. ¥. 1197! Ski~s --Outboard tlulls -- Motors For Rent Bait -- Tackle -- Gas January 27, 1WU6 To ~hom it May Concern, T~is is to certify to act on beaalf of matters pertaining gas facility. t~at the Feconic Associates is authbrized the i'ort of ~, t gyp Enterprises, Inc. in all to the relocqtion ond reinstallation of our #. H. bieblein Fresident June 10, 1986 Notice of disclaimer to anyone interested in this file: Please be advised that Celic Realtors is currently holding my Real Estate License. At the time of filing this application and the period of time that it takes to hold a public hearing and reach a decision, I have no interest in this application. I further state, that I have -no- knowledge of an existing active listing with the above Real Estate office. This statement is signed with the complete understanding of the information stated above ..... Gerard P. Goehringer