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HomeMy WebLinkAbout3118FA~RR; KATHERINE -~-~O~a-fih~hs et Ave Greenport #5118 C%-const~uct bldg. for marina office in this "C- L'ight in~uStrial:' District, .... Southold Town Board of Appeals MAIN ROAD- STATE ROAD 35 SOUTHOLD, L.I., N.Y, 11¢J~1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3118 Application Dated Apri] 14, 1983 TO: Stanley S. Corwin, P.C. as Attorney for KATHRINE FARR 634 First Street Greenport, NY 11944 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November 29, ]984 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [ ~ Request for Variance to the Zoning Ordinance Article VIII , Section s ]00-80(B) and 100-8l [ ] Request for Upon application for KATHRINE FARR by Stanley S. Corwin, Esq., First Street, Greenport, NY for a Variance to the Zoning Ordinance, Article VIII, Sections lO0-80(B) and 100-81 for permission to construct building for marina and brokerage office in this "C-Light Industrial District," at 1100 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05-021. WHEREAS, on October 18, 1984, under Index #84-15561, Hon. Joseph R. Corso, Justice, Supreme Court, Special Term, of Suffolk County, has ordered that the subject variance be reissued without conditions 5, 6, 8, and 12, and - WHEREAS,~..the remainder of this board's decision rendered June 28, 1984 shall remain in full force and effect pursuant thereto; NOW, THEREFORE, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the decision as rendered by this board BE AND HEREBY IS RE-ISSUED, WITHOUT CONDITIONS 5, 62 8 and 12, as ordered, And re-numbered as follows: l. No lighting that will be adverse to neighboring uses; 2. A railing or barrier (guard rail) shall be constructed, not to exceed 30" above ground level, along the front property line to prevent unsafe exiting onto street, [except that the area for ingress and egress within the "curb cut" remain open]; 3. No fencing along the front property line, except chainlink for proper visibility (or otherwise noted in these conditions); 4. No fencing along the north side property line less than (or within) six inches of front property line [except chainlink or guard rail for proper visibility if screening is desired]; 5. (7.) Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued; 6. (9.) Existing stockade fencing along south line shall be continuously maintained; 7. (lO.) No launching (CONTINUED ON PAGE TWO) DATED: December 3, 1984. Form ZB4 (rev. 12/81) ramp shall be built or permitted; CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 -Appeal No. 3118 Matter of KATHRINE FARR November 29, 1984 Am~ments 8. (ll.) Building approved herein shall conform to all set- backs in letter/memorandum dated June 18, 1984 from Stanley S. Corwin, P.C., attached hereto for reference; Location of Property: West Side of Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-05-21. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk ~RARD P. GOEHRINGER, ~HAIRMAN December 3, 1984 / RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE ~13J I~:~ HOURq" ,qT~, ~, Southold Town Board o£Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. Ilg'71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3]]8 Application Dated ^pri] 14, ]983 (Planning Board TO: Stanley S. Corwin, Esq. as attorney for KATHRINE FARR 634 First Street Greenport, NY 11944 (ZBA Public action 3/30/84) [Appellant(s)] Hearing 5/17/84) At a Meeting of the Zoning Board of Appeals held on June '28, ]984, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a / [ ] Request for Special Exception under the Zoning Ordinance ' Article , Section IX] Request for Variance to the Zoning Ordinance Article VIII, Sectiom ]00-80(8) and 100-8l [ ] Request for Upon application for KATHRINE FARR by S.S. Corwin, Esq., First Street, Greenport, NY for a Variance"to the Zoning Ordinance, Article VIII, Sections lO0-80(B) and 100-81, for permission to construct build- ing for marina office in this "C-Light Industrial" District, at llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034- 05-021. The board made the following findings and determination: By this appeal, applicant seeks variances to the provisions of Article VIII, Sections 100-80(B)[9](14) and 100-81, of the Zoning Code, for approval of the proposed insufficient front and rear yard setbacks required in a "C-Light" Industrial Zoning District, for a principal building. These provisions require a minimum 50' front- yard setback and a minimum 50' rearyard setback. Applicant proposes a two-story building for a marina office with accessory storage of 16' by 20' and a three-foot covered walk-up on the north side, and an upper deck of a size 4'6" at its narrowest width and lO' at its wider edge, with little or no setback distance from the bulkhead along the rear line. Eliminating this deck area, it appears the building will be setback 4'6" at its northwest end and 10' at its southwest end. From the front property line, the building appears to be set back not less than 12 feet at its nearest point. The parcel in question is located in the "C-Light" Industrial Zoning District and contains an area of approximately 3,780 sq. ft. with 132.76 frontage along Manhanset Avenue as shown by survey prepared by Young & Young, revised May 23, 1983. This parcel is identified on the Suffolk County Tax Map as District 1000, Section 034, Block 05, Lot 021, and was conveyed to the applicant on December ll, 1981 at Liber 9152 page 392. The premises is vacant land. It is noted for the record that on March was taken with conditions by the Southold Town cerning this property and subject to receiving final form, showing: 30, 1984, action Planning Board con- a site plan in (a) The location and size of the proposed office building (CONTINUED ON PAGE TWO) DATED: Form ZB4 July ll, 1984. (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN OF APPEALS ZONING BOARD Page ~'- A~eal~No..3118 Matter of KATHRINE FARR] Decision Rendered 'Q'~ne' 28, 1 984 approved by the Zoning Board of Appeals; {b)' Suitable parking for five cars with width requirements as required by the Southold in the area as may be approved by the Southold of Appeals; minimum length and Town Zoo.lng Code Town Zoning Board (c) Proposed fencing along Manhanset Avenue and the adjoining property to the south; . (d) Proposed ingress and egress to the property from Manhanset Avenue within 40 feet of the southeast corner of.the pKemises. The Planning Board has also required be prepared.in recordabl~e form prior site plan which would include Items March 30, 1984 action. that Covenants and Restrictions to their granting of the final (a} through (k) of that board's It is noted, however, that this board in making this decision may impose,conditions more stringent than that of the Planning Board, particularly Items 4(c), (d), (el, (fl, for Purposes of better traffic, visibility, boat accessibilii~Y, safe_a~d proper manuever- ability, convenience, parking, et cetera. The members of this board are familiar with the property in question as well as the surrounding.@ro~erties. All testjmony received at the public hearing hel. d .Ma~ 17, 1984 by this board has been taken i. nto._consideration~ Oppq~iti~n concerning this application has not been submitted fqr the record since the filling of this application. It i's also noted for the record that a Special Exception appli- cation under Appeal No. 3117 has been simultaneously filed with the subject application, And for which deliberations are pending' with this board, as of this da~e. In considering this appeal, the board determines: (al that the relief requested is substantial in relation to the requirements of the_Zoning Code, Bulk Schedule; however, the difficulty cannot be obviated by some method feasible for the applicant to pursue other than a variance; (b) that by the granting of the relief requested, no substantial change will be produced in the character of the neighborhood or a substantial detriment to adjoining Iroperties since premises on the south has similar circumstances; c) that no adverse effects will be produced on available govern- mental facilities of any increased population if the variance is allowed; (d) that the interests of justice will be served by allowing the variance; and (el that the variance as granted will be in harmony with the general purposes of zoning. Accordingly, on motion-by Mr. Douglass, seconded by Mr; Sawicki, it was RESOLVED, that the application for'KATHRINE FARR in Appeal No. 3117, for permission to. construct_16"?'by"20' .principal build- ing with a 3' covered walk~up at the northerly side to the second floor, BE AND .HE.R.E.BY .IS.'~.P.p.ROVED'SUBJECTTO THE FOLLOWING'CONDITIONS: 1. No lighting th~'~ will be adverse to ne'ighboring uses; 2. A railing or barrier (guide rail) shall be constructed, not to exceed 30"~above ground level, along the front property line to prevent unsafe exiting onto street, [except'~hat the area for egress and ingress within the "curb cut" remain open]; 3. No fencing along the front property line, except chai.nlink for proper visibility(oK otherwise noted in these conditions); ' .(CONTiNU.E.D O.N'.p.AGE THREE) Page 3 - Appeal No. 3118 Matter of KATHRINE FARR Decision Rendered June 28, 1984 4. No fencing along the north side property line less than (or within) six inches of front property line [except chainlink or guide rail for proper visibility if screening is desired]; 5. No boats to be moored parallel to existing moored boats (no stacking); 6. Additional docking and mooring facilities will require an application to the ZBA and consideration therefore; 7. Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued; 8. Proposed second-story deck at west end of building shall be reduced (from 4'6" and 10') to 2'6" at the northwest corner and 5' at the southwest corner, respectively; 9. Existing stockade fencing along south line shall be con- tinuously Maintained; 10. No launching ramp shall be built or permitted; ll. Building approved herein shall conform to all setbacks in letter/memorandum dated June 18, 1984 from Stanley S. Corwin, P.C.; 12. No storage of boats other than inside building or moored in water. Location of Property: West Side of Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-21. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Member Doyen of Fishers Island was absent. This resolution was adopted by a unanimous vote of all the members present. Attached hgreto as Page 4 is a copy of the June 18, ~J84 from Stanley S. Corwin, P.C. Condition~No. II, supra). letter/memorandum dated (reference made in J ( . GOEHP, INGERJCHAIR'M/[~- · July 12, 1984 ~ Page 4 ~,ApRe~al No. 31 Matter o~ K~T~HRINE Decision Rendered June 28, (Reference ~e, Condition__ 1984 No. ll) STANLEY S. CORWIN, P. C. ATTORNEY AND COUNSELLOR AT LAW GI~ENPORT, NI~Y YORK 11944 oard of/Ippeal Town of Soulhold MEMORANDUM To: From: Re: Date: Southold Town Board of Appeals: attn. Mrs. Kowalski Stanley S. Corwin Fart application June 18, 1984 I do hope this memorandum and the attachment will serve to resolve any questions that may remain about this application. If, however, in som, e respect it is insufficient, please let me know and I'll try to sup- ply anything ..that may be needed. 1. It is proposed to place the building on the property as shown on the attached site plan, of which 5 copies are enclosed. The scale is I inch equals 8 feet. This site plan is one of a number submitted to the Plan- ning Board and is not a final approved plan. It does, however, reflect the building location. The building proper is 16x20 with a 3' covered walk-up on the north side. The floor plan and elevations of the building will be as sub- stantially submitted previously to the building inspector, copies of which you have. While we are in the flood plain the applicant would like to have a slab at ground level, and room to park a car under the usable floor space. It is out'belief the subsoil conditions will permit placing the building fairly precisely as shown. It will be on deep-set piles, however, and we would like a foot latitude either way. 2. There seems to have been some question about a division of office space in terms of proposed uses. As a pract ical matter the applicant considers the marina (yacht rental) use and the marine brokerage use as one entity. We simply cannot set aside any given area or make specific lines of demarcation. The uses intermingle, interchange, overlap. 3. The set-back from the road would be not less than 12' nor more than 14'; the set-back from the outside of the bulkhead would be between 3'6" and 5'6" on the northerly end and between 9' and 11' on the souther- ly end. Please associate this memo and the site plan with fie as p f the NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Mai~ Road, Southotd, NY on ~hursday, May 17, 1984, commencing at /:30 p.m. and as follows: 7:35 p.m. Application of VINCENT GRIFFO, 280 Basin Road, Southold~ NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for ~ermission to construct accessory building in an area other than the rear yard, at 280 Basin Road, Southold, NY; County Tax Map Parcel No. 1000-081-01-019. 7:40 p.m. Application of JAMES ANDERSON, 16 Waverly Place, New York, NY for a Variance to the Zoning Ordinance, Article XI, Section lO0-118(D) for permission to reinstate nonconforming dwelling Lane No. use of building in this B-1 Business District, 300 Moore's (a/k/a Linden Ave.), Cutchogue, NY; County Tax Map Parcel 1000-109-03-008. 7:45 p.m. Application for JOHN WICKHAM, by Wickham, Wickham and Bressler, PoC., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60 for permission to use premises as a business office for marine contracting, with accessory use for storage and repair of contractor's own vehicles and equipment, a~ 67576 Main Road, Greenport, NY; County Tax Map Parcel No. 1000-052-05-058. 7:50 p.m. Application of JOSE V. RODRIGUEZ, Box 113, Fishers Island, NY for a Variance to the Zoni.ng Ordinance, Articl. e VII, Sections lO0-70(A) and 100-71, for permission to construct dwelling in this B-1 Business District. Location of Property: West Side of Fox Lane, Fishers Island, NY; County Tax Map Parcel No. 1000-012-01- 001.002. 8:00 p.m. Application of JOSEPH FISCHETTI, Hobart Road, Southold, NY for a Variance to the Zoning Ordinance~ Article V, Section 100-50(C)[1] for permission to erect sign with less than four-foot clearance from ground, at 52800 C.R. 48, Southold, NY; CoJn~¥ Tax Map Parcel No. 1000-051-05-002. 8:05 p.m. Application of ROBIN E. CARR, 811 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct ~nground swimmin§pool in the sideyard area, at 316 Brown Street, Greenport, NY; County Page 2 Legal Notice of Hearings Southold Town. Board of Appeals Regular Meeting of May 17, 1984 Tax Map Parcel No. 1000-048-03-042.3. 8:10 p.m. Application of ROBERT W. GILLISPIE, III, Box lll2, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section lO0-60(C) for permission to erect sign with insufficient setback from the front (street) property line, at NortE Side of Main Road, Southold, NY; County Tax Map Parcel No. 1000-061-02-07 and part of 05. 8:15 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to construct office building with an insufficient frontyard setback, at 1515 Youngs Avenue, Southold, NY ("C-l" General Industrial Zone); County Tax Map Parcel No. 1000-50-1-6. 8:25 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article IX, Sections!lO0-90, 100-91, and Article VIII, Section lO0-80[B) for permission to construct office and storage building in this "C-I" General Industrial District, at 1515 Youngs Avenue, Southold, NY; County Tax Map Parcel No. 1000-50-1-6. 8:35 p.m. Application for GERTRUDE ~. ALI by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III~ Section 100-32 for permission to construct new dwelling which places accessory storage building in the frontyard area. Location of Property: South Side of East Road, Cutchogue, NY; County Tax Map Parcel No. 1000-110-07-018. ~ .8:45 Application for KATHRIN~ FARR_ by S.S. Corwin, Esq., p.m. k 634 First Street~, Greenport, NY for a.Varia, nce to the Zoning Ordinance, ~, ~Article VIII, Sections lO0-80(B) and 100-81, ~or permission to cO~r~ct~ building for marina office in~this."C-Light Industrial" District, at ~ llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. ~.~00-D34-05-021. 8:55 p.m. Application for KATHRINE FARR by S.S. Corwin, Esq., First Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Sections lO0-80(B) and 100-81 for permission to construct building for m~rina and brokerage office use in this 'C-Light Industrial" District, at 1100 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1100 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05-021. 9:00 p.m. Application of KEVIN AND LESLEY MILOWSKI, Box 134, Cutchogue, NY for a Variance to New York Town Law, Article 16, Section 280A, for approval of access over a private right-of-way at Page 3 Legal Notice of Hearings Southold Town Board of ~Appeals Regular Meeting of May 17, 1984 the west side of Cox Neck Road, Mattituck, NY; (now or formerly W. Chudiak); County Tax Map Parcel No. lO00-113-7-part of 12. 9:05 p.m. Application for BERTRAM AND MARGERY WALKER, by R~T. Haefeli, Esq., ~ox 757, Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, for: (a) an inter- pretation that the existing cottage and garage are valid preexisting, nonconforming uses and structures; (b) approval of a wooden deck as an accessory structure in the sideyard; (d) approval of a reduc- tion of livable floor area of a proposed dwelling conversion to 500 sq. ft. and approval of insufficient sideyards. Persons having an interest in any of the above matters may appear and be heard au the time and place specified above. For additional information, please contact our office, 765-1809 (or 765-1802). Dated: May 4, 1984. BY ORDER OF THE SOUTHOLD TOWN ~'--- BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN NOTICE TO NEWSPAPERS: Please punish once, to wit: May 10, 1984 and forward 14 affidavits of publication to: Board of Appeals, Town Hall, Main Road, Southold, NY 11971; (516) 765-1809, on or before May 15, 1984. Copies to the following May 7, 1984: S.J. Perricone for V. Griffo Mr. V. Griffo Mr. James R. Anderson A.A. Wickham, Esq. for John Wickham R.F. Lark, Esq. for J.V. Rodriguez for ~dsmith & Tuthill for G.M. Ali Mr. Jose Rodriguez Mr. Joseph Fischetti Mr. Robin E. Carr Mr. Robert W. Gillispie III S. S. Corwin, Esq. for Kathrine Farr Mrs. Kathrine Farr Mr. and Mrs. Kevin Milowski R.T. Haefeli, Esq. for Mr. and Mr. and Mrs. Bertram Walker Mrs o Walker L.I. Traveler-Watchman, Inc. Suffolk Times, Inc. Supervisor Town Board Planning Board Town Attorney Building Inspecters FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ To ~?r-~.~..~./..~.~.2....z~..~..~..~7 .......... ...~?.:...~.~..~ ........... ~ · .~. ~?~.~.~..,. ~.,.y:..,~?~. PLEASE TAKE NOTICE that your application dated .. ~.f,&z../... ~. ~. ....... , 19/.'.'.~.. for permit to co nst~ct....~..~ C'~..¥. ~.~C~ ~... ZSC~/~.~ .................. ~t County Tax Map No. 1000 Section ....~..,~.. ~. ..... Block ....O...~. ...... Lot .~). ~../. ....... Subdivision ..... ~ ......... Filed Map No ................. Lot No. is returned herewith and disapproved on the following grounds .~..~.0'..~.q~?...~...~..5'~....~Z .... ;~.~,~. . ~. ~. . . .~,~. .~'. . ~~. .: ~c~ ~. . ~,~/ ~ ~/~ ~ ~/~C~ ~ Bufld~g Ins~ctor ~/~ ~~/~ RECEIVED TOWN OF SOUTHOLD, NEW YORK :APR 14 1553 APPEAL FROM DECISION OF BUILDING INSPECTOR T0vm Ciera ~0uthold APPEA, NO. / / DATE ....4/.~/.~ ......... TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. Kathrine Farr . 37220 Main Road 1, (We) .................................................................. or ............................................................................ Name of Appellant' Street and Number ......................... 0~..$.e~.~. ............................................................ ..N..Y.. ............... HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ...... .7.../..1...6./..8..2. .............................. WHEREBY THE BUILDING INSPECTOR DENIED TO ................. K~thr. ine...Ps~r. ............................... Name of Applicant for permit of 37220 Main Road, Orient, NY (home address) Box 5'6~c~t~a~d~u ~ r'r .... 'NT-'~ma'tq'Tr~un,c,p~~''~'dd ~'~ ............................................. State ( ) PERMIT TO USE ( X) PERMIT FOR OCCUPANCY ~ . ~xist.ing p~arcel a.s .... (X) rropos~ use ~pr~m~sea zo~ m~rsna a~e ~ro~erag~ requires ~ 1. Lof~AOT~oNPI~?~*R~~ ..ll~...M~ha~.;.~.~..~..."..Q."'...~.~g~.~....i..~...~..~..~.t'..r..i...a..~.... Street Use District on Zoning Mop 1000-034 Block 05 021 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.) Art. VIII SEC 100-~0 B(9)(1~) Art. VIII SEC 100-81 Bulk Schedule 3, TYPE OF APPEAL Appeal is made herewith for ( ]O A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low 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 ~ppeol was ( ) request for a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( ) A Variance to the Zoning Ordinance (~) We request permission to use property as a marina for docking and mooring of all types of boats; & for yacht brokerage. is requested for the reason that Proposed use of premises for Marina & brokerage requires special exception from Zoning Board of Appeals & Site plan approval from Planning Board Art VIIISec 100-80 B (9) (14) Proposed building does not meet required front & rear yards required for "C" Dist. Art. VIIISec lO0-S1 Bulk Schedule ~'orrn Z~I (Continue on other side) REASON FOR APPEAl_ Continged 1 STRICT APPLICATION OF THE ORDINANCE would produce practicaldifficultiesorunneces- sorv HARDSHIPbecause We cannot make a~y legal use o£ property because of size of lot. Property is an existing parcel. 2 The hardship created is UNIQUE and is not snarea by all- oroperties alike in the immediate v~cinir~ of this oroper~y.and in this use district because parcels in the vicinity are of suf£ici'ent size to permit erection of buildings. 3 -he Variance wou~a observe the sFirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because pro]~osed use would be in eon£or~±ty with adjacent uses. STATE OF.NEW YORI~ ) ~~ .~....~ . OF._ ~_~'~ ~ jj~ )) ss ................. Signature ~ ................. COUNTY .................. Sworn re this day ........... ~] MARY ~E$$ LA ~ ~O?ARY PUBLIC. Sta~e of New No. 3690915 // VENUE 21I 90, AREA TO TIE. LINES = '5,780 SQ. F'T. SUFF. CO. TAX MAP: DIST. SECT. BLK. LOT ~OOO 0;54 05 02{ ELEVATIONS ARE REFERENCEO TO APPROXIMATE M.S L DATUM REVISIONS YOUNG & YOUNG~ 400 OSTRANDER AVENUE. RIVERHE~4.~ ~,~ ALDEN W. YOU NG SURVEY FOR: KATHRINE FARR AT GREENPORT TOWN OF SOUTHOLD GUARANTEED TO: USUFE T~TLE INSURANCE CO. OF N.Y. SCALE: 1"=20' :MAR. 7 1983 N ' ~"~'86~' Southold, N.Y. 11971 (516) 765-1938 March 13, 1984 Zonining Board of Appeals Gerard Goehringer, Chairman Town Hall Southold, NY 11971 Attn: Linda Kowalski Dear Linda: This letter is to inform you that the Planning Board is in agreement with Mr. Stanley Corwin and Mr. Richard Lark regarding the resolution for the site plan of Kathrine Farr located at Greenport. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN ¢ WHEREAS, the Planning Board acted with respect to the application of Kathrine Farr on December 5, 1983, specifying conditions upon which a site plan would be approved, and WHEREAS, a meeting was thereafter held attended by the chairman of the Board, the Board's attorney, Richard F Lark, and Mrs. Farr's attorney, Stanley S Corwin, for the purpose of resolving remaining differences and WHEREAS, the Board has duly deliberated upon the report of the chairman and the recommendation of its attorney, NOW, THEREFORE, BE IT RESOLVED that the Board's resolution of December 5, 1983 be and it hereby is amended, as follows: 1. Condition item 3(b) is amended, to read: Suitable parking for five (5) cars ( with the statutory minimum width and length requirements amd such area as may be approved by the Board of Appeals). 2. Condition item 3(c) is deleted. 3. Condition item 3 (d) is re-lettered 3(c). 4. Covenant item 4(a) is amended to read: No storage of fuel on the premises for retail sale. 5. COVenant item 4(b) is amended to read: No hauling of boats greater than 14 feet in length from the premises. 6. Covenant item 4(c) is amended to read: No outside storage of bouts greater than 14 feet in length. 7. Covenant item 4(e) is deleted. 8. Covenant item 4(f) is re-lettered 4(e) and amended to read: Ingress and egress to the proper~:y from Manhanset Avenue ~vill be limited to within 40 feet of the ~outheast corner of the property. 9. Covenant item 4(g) is re-lettered 4(0 and amended to read: No retail sales on the premises, except boats. 10. Covenant item 4(h) is re-lettered 4(g). 11. Covenant item 4(i) is re-lettered 4(h) and amended to read: Compliance with Suffolk County Department of Health Services require- ments and standards for an office building. 12. Covenant item 4(j) is re-lettered 4(1). RICHARD F. LARK ATTORNEY AT LAW MAIN ROAD - P. O, BOX 973 CUTCHO(~UE, NEW YORK 11935 TELEPHONE 516 734-6807 February 10, 1984 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 ATT: Henry E. Raynor, Jr., Chairman RE: Kathrine Farr - Site Plan Dear Henry: Stanley Corwin dropped off the enclosed resolution at my office yesterday. Please review same with the Board, and before any action is taken, kindly discuss same with me. Very truly yours, Richard F. CL'~rk RFL:bc Enclosure $I~Y .cvoulhold. NY 11971 JAMkS WAI.I WILUAM F. MIII.LEN, December 9, 1983 TEI.EPttONE 765- 1938 Stanley Corwin, Esq. 634 First Street Greenport, N~w York 11944 RE: Kathrine Farr - Site Plan Dear Mr. Corwin: The following action was taken by the Southold Town Planning Board on Monday, December 5, 1983: WHEREAS, a letter was received by the Planning Board dated October 26, 1983, from Edward F. Hindermann, relative to the Planning Board's request for site plan certification; and WHEREAS, a meeting was held with Stanley Corwin, Esq., attorney for the applicant, who appeared before 'the Planning Board on November 21, 1983; and WHEREAS, an additional on site inspection of the premises was made by the Planning Board; and NOW, THEREFORE, BE IT RESOLVED, the Resolution of the Planning Board dated July 25, 1983, disapproving the site plan of Kathrine Farr, yacht rental station and office building for a marine brokerage, located at Greenport, because of insufficient area is RESCINDED, and the following Resolution is placed in its stead: RESOLVED, the proposed site plan for Kathrine Farr for premises located on the west side of Manhanset Avenue, Greenport, New York, is granted subject to the following conditions: The Applicant Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a Special Exception pursuant to Section 100-80 of the Southold Town Zoning Code for a limited marina and yacht brokerage business for her property located on the westerly side of Manhanset Avenue, Greenport, New York. Stanley Corwin, Esq. RE: Kathrine Farr - Site Plan -2- December 9, 1983 The Applicant, Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a Variance for insufficient front and rear yard setbacks in order to construct an office building on the premises. After receipt of both the required Special Exception and Variance from the Southold Town Zoning Board of Appeals, the Applicant will sub- mit to the Planning Board a formal site plan showing the following: (a) The location and size of the proposed office building approved by the Zoning Board of Appeals. (b) Suitable parking for seven (7) cars. (c) Docking slips for five (5) boats. (To include boats owned by Applicant). (d) Proposed fencing along Manhanset Avenue and adjoining property to the south. In addition, the Applicant will file with the Planning Board a Declaration of Covenants and Restrictions in a form to be recorded in the Suffolk County Clerk's Office prior to granting approval of the final site plan including the following covenants: (a) No storage of~' fuel on the premises. (b) No hauling of boats from the premises. (c) No outside storage. (d) No repair of boats outside of chartered boats or boats owned by the Applicant. (e) No more than five (5) boats shall be docked on the property at any one time. (f) Ingress and egress to the property from Manhanset Avenue will be limited to within 30 feet of the southeast corner of the property. (g) No retail sales on the premises. 'S~ar,!%ej_ Corwin, Esq. RE: Kathrine Farr - Site Plan -3- D~.mber 9, 1983 (h) No stormwater runoff resulting from the construction of the office building and parking area shall be discharged on to Manhanset Avenue. (i) Compliance with Suffolk County Department of Health Service requirements and standards for boat slips and office building. (j) One (1) year site plan review by the Planning Board. Please forward four (4) copies of the finalized site plan with all of the above items to our office. When the above conditions haPe been met, the Chairman will endorse approval; two copies will be returned to your office. Very truly yours, cc: HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals 40, SUk"/--~oom 219 E.,coo[z, W 11794 (5161 751-7900 Stm~ZeV $. RE~ P~pe,,r.~ o~ /~th~e F~ Pea~ ~f~. Co~: A ~euZem ha~ bee~ ~¢ o~ Vou~ p~opo~a~ ~o.' Co,~u~c~ ~ ~0~ × ~5' buZ~Z~g ~ o~ ~ ~u~c~Zo~,g bu~ch~. cn~p~ PZ~cc, $¢T~ No. 1000-054-5-21. ~)]L=RNT~cz cc: Fi~.e ~e~i~/~crmit O~,q .'r o t-.t : t"I L O /40J~¢~NT OPPOSITE I~ o ~ 'T. /~t,,=- /.. e o ~ ~' / FLORT ~ H/.~/= ~ -0" CRO$.~ ~ECTION THRU P~OPOSEO t~,ULKHEROt FLOI~Ti q" DR-~D~ING F'LO~ T5 ~ DREDG/~/G St e.r 1 ~Lng ~C~r eek Town Of Southold Town Clerk's Office Southold, N. Y. APPLICATION FOR WETLANDS PERMIT Application No ...... ~......~.... .............. Date of Application ...... ,A.,.u~..us_..~. ......... ..1.9.,.8.3. ........... Identity of Applicant Kathr~ne Farr~ .b.~.. EN-CONSULTANT.S., INC. Address of Applicant P.O. Box 568, Greenport,NY- 64 North Ma~n St., Southampton, NY INSTRUCTIONS FOR PERMIT A. This application is to be completely filled in by typewriter or ink and submitted to the Town Clerk in quadruplicate, accompanied by writter- permission from the owner of the property if not the same as the applicant. B. Pilot Plan must be drawn to scale on the reverse side of this application showing the location of property, the names and locations of owners of adjoining properties, and a detailed description of proposed project. (Note: Copies of the Pilot Plan may be made by a copy machine and attached to the Permit Application.) C. No operation shall be initiated by the applicant until all permits that are required ore issued. D. A detailed statement of the rehabilitation and proposed condition of the premises after the work is completed must be given, including a survey if required. E. If permit is being sought for a more sizeable excavation than the construction of a private single dock or jetty, then this application must be accompanied by a survey and topographical map certified by a registered land survey or Professional Engineer. 'Fha horizontal control of survey shall be based upon an approval local coordinate system. The vertical control for elevation and sound- ings shall be based upon United States Coast and Geodetic Survey and/or United States Geological Survey datum. F. A statement must accompany the application describing any known prior operations conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or deposit fill on said premises and whether amy such permits or licenses were ever revoked or suspended by a governmental agency. G. A filing fee of $25.00 shall accompany the application. This filing fee includes one inspection, there is a $5.00 fee for each additional inspection. H. The Town Board upon reques~ .~..~/e applicant fqr o permit, may waive in whole or in port, the provisions of Article II, Section' ,~=1~' subdivisions (~ and (~where it finds that nature of the proposed operations are such that the requirements of such provisions are not necessary for a proper consideration of a permit application. I. Upon approval of this application the Town Clerk will issue a permit to the applicant. Such permit shall be available for inspection at any time, upon request. Examined .................................................. 19 ....... Approved ................................................................ Disapproved ........................................................... Conditions, if any ................................................................................................................................. Examining Body ..................................................................................................................................... Signature of Chairman ......................................................................................................................... APPLICATION IS HEREBY MADE to the Town Board of the Town of Southold, Suffolk County, New York, for the issuance of a permit pursuant to the Laws, Ordinances and Regulations govern- ing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Southold: Construct 33' of timber bulkheading extending from 5'~_ from Permit requested to ..qg.~g.~.~;~..9.$~.~`~.t;.~9.&..¥~v~`~`~b~.~.~t;~.~b~&~%.~.~g~.~..~.~..~ and ending in upland shoulder near roadway. Install 33'x5' float in front of proposed bulkhead. Dredge an'area in. front of bulkhead 25'x33~'~ ~o~ ~' below MLW 151rpose of project tS to allow safe mooring of sailboats or other craft,. .... ~ h'-~ --r--i~ w-mind manna.n, set avenu.e.~ G.r. eenp. or.t.a...~..Y....1..1..9.4.4' Location or property Tor W Cn pem · u ............................................................ - Home address of permit applicant if different fram aforesaid location Creek, Bay or Harbor fronting property ............ .S..t..e.~].~...C..~..e.e..~.. ........................................................ Size of proposed work: Length 33' Width 25 ' Height Above High Water 6~ Depth Below Low Water ..... ~ ....... ~-.'......... ................................................................................... Yards to be Excavated ......... .4..0...,M.d...s.: ................................................................................................... Yards to be Filled ........... .N./...A. .................................. Width of canal, creek or bay fronting property ........ 8.0.'..z.1O~.'. .......................................................... Depth at Low Tide 2' ~r Average Rise in Tide ........... .2..'...,6.~ ........................................................................................................ Is this for private or business use? ....fl,a.t..e.~.t..°..~..~....q.°..~..~..e.K.e.~,a.~ .......................................................... Area Zoning ........... ~gmm~;¢.¢.¢.~.$ .............................................................................................................. Manner in which material will be removed or deposited ...]~,u..q. Jf.~...~;~.a. fl.e..~..~u..[..]...c]..o..~..e.~...&..,t,~..u..?.~.. Written consent of owner of property, if not the same as the applicant ....... ~ ........... ,~. .C. ...... COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: ................................................................... ~.../-..: ...................................... being duly sworn deposes and says that he is the applicant for the above described permit, and that all statements contained herein are true to the best of his knowledge and belief; that the work will be done in the manner set forth in this application and as may be approved by the Town Board of the Town of Southold. The applicant agrees to hold the Town of Southotd and the T_,qwn Board harmless and free from any and all damages and claims arising under or byvirt~/~/'~aid ~i:, if gronted. · ............ ¥ .................................... Signature c~f/Applicant 0/ Sworn to before me this ....... ~.q~.....~..~... ....... 1'4~0 ry Public ' ~' TOWN OF SOUTHOLD TOWN CLERK'S OFFICE SOUTHOLD, NEW YORK ,WETLANDS PERMIT This Wetlands Permit No ........ .7...0. ......... has been granted by the Southold Town Board according to information furnished in Application No. 88 · · Enconsultants Inc .................... filed by Apphcant ............................... .... .K..a.,,t.,h.~.i..n...e....F...a.,r.,~'. ..... on ..... .F..e...b.,r.,u...a..r...y....1...919.8...2. ..... A map of the proposed work will be kept on file in the Town Clerk's Office under the application number given. for Permtnrantedtodothefo own-w~,~ construction of 13 ft. and 41 ft. sections of timber bulkhead with 5 ft. return on north side of configuration as shown on work ~lan filed with a~lication. Installation of floating docks of 40 ft. by 6 ft. (to be placed in front of proposed section o~ bulkhead). g . on a jacent up a d as baC~nefill Pu os of o'ect 's o allow oorin~ Location o, OroperW on work to be .~...~a~D~..~.~..~Q~..~G~..g~.~lon. west side Manhanset Avenue, Greenport, New York Creek, Bay or Harbor fronting property ..~.~;.~.~,.~,Rg...(~'.~.~ ........................... ". .............. [ ...... ~....:. .... Size of work: Length 40 ft. - dredging - bulkhead and docks described above. Width ...~.~...~.,...~...~.~,~.~ ......................................................... ~ ......... ~ ............ Height Above High Water ...... Z.'7..'~ ................................................................................. Depth Below Low Water ....,4....f..t..:.....m..a..x..,i.,m..u...m. .............................................................. Yards to be Excavated .3..5...c...u.:.....y..d..,s..: .............................................................. Yards to be Filled none ~ ....:.~bucket crane, bulldozer and truck Manner in which material is to be removed or _=pu~,(=u ......................................................................... Intended use of property ...... .c.'~''..m~.?.~?~c~.~..a..~.~s~a~i~.~b...~..a.~'c'''h.~a..r~..t..e~.r~2~'~.~ ........... Conditions if any THE CONDITIONS GRANTED HEREWITH IN THIS PERMIT ARE THE SAME AS ANI~ 'SRALL CONFORM TO THOSE GRANTED BY THE N.Y.S. DEPARTMENT OF ~'N~'i'~0'~NT~'['"EO~'T~'"~N"~E~Ri'T"ITO'j'"IB'ZS~n~'09'6L ....................................... Expiration Date ......... ~.=~ ...................................................... [ .............................................................. Number of Inspections Required ....... r.=..~ ............................................................................................... Inspection Fees ............. '~.-...-~ .................................................................................................................. Liability Policies in the Amount of ......................................................................................................... The validity of this permit is or may be subject to the approval of other governmental or municipal authorities, The Town accepts no responsibility in applying for or obtaining such approval. In the event that such approval is necessary, the holder of this permit shall not commence operations here- under until such approval has been obtained in writing. The failure to obtain such other approval when required shall subject this permit to immediate revocation by the Town Clerk upon receipt by the Town Clerk of written notice from such other governmental or municipal authorities of its refusal or disapproval. The applicant does by the acceptance of this permit, assume all responsibility for operations under- taken pursuant to this permit, and shall take all precautions for the prevention of injuries to persons and property resulting from such operations. By such acceptance, the applicant also agrees to indemni- fy and save harmless the Town, and its officers, agents and employees from any and all claims arising from operations under this permit and any and all acts or omissions of applicant, his agent and employees. - The applicant and the owner and occupants of the premises upon which the operations authorized by mis permit are being conducted, do, by the acceptance of this permit, give consent to the Town, and its officers and employees to enter upon the premises where such operations are being conducted to make such inspections as the Town may deem necessary to insure that such operations are being con- ducted in conformity with this permit. This operation will not substantially: B. C. D. F. G. H. I. Adversely affect the wetlands of the town. Cause damage from erosion, turbidity or siltation. Cause saltwater intrusion into the fresh water resources of the town. Adversely affect fish, shellfish or other beneficial marine organisms, aquatic wildlife and vege- tation or the natural habitat thereof. Increase the danger of flood and storm-tide damage. Adversely affect navigation on tidal waters or the tidal flow of the tidal waters of the town. Change the course of any channel or the natural movement or flow of any waters. Weaken or undermine the lateral support of other lands in the vicinity. Otherwise adversely affect the health, safety and general welfare of the people of the town. Signed ~~ ~a¥ 18, 1982 Date ......................................................................... JUDITH T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 24, 1983 Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 Richard E. Lark, Esq. Main Road Cutchogue, New York 11935 Dear Dick: This is to confirm the action of the Southold Town Board at a regular meeting held on August 23, 1983 engaging your services to answer the Notice of Motion, and subsequent proceedings in the matter of Katherine Farr against the Southold Town Planning Board. Very truly yours, Judith T. Terry Southold Town Clerk SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK KATHRINE FARR, Petitioner, agaiast Index No. 83 - 15414 PETITION SOUTHOLD TOWN PLANNING BOARD, Respondent. TO THE SUPREME COURT OF THE STATE OF NEW YORK The petition of Kathrine Farr respectfully shows to the Court: 1. Petitioner is a res[dent of the Town of Southold, Suffolk County, New York, and the owner of a parcel of vacant property on the east side of Manhanset Ave hue at Greenport in said town. 2. The use of said land under the zoning law of the town is the subject of this proceeding. -3. Attached hereto as Exhibit A is a survey of petitioner's property. [The exhibit is a xerox reduced copy: therefore the scale is not accurate, al- though the propor,,tions are. ] 4. The respondent Southold Town Planning Board is an appointed administrative body within the government of the town of Southold; the mem- bers are Henry E. Raynor, Jr., chairman, and James Wall, Bennett Orlowski, District. 7. Jr., George Ritchie Latham, Jr., and William F. Mullen , Jr. 5. Chapter 100 of the Code of the Town of Southold is the zoning law of the town, of which the Court is asked to take judicial notice. [ A copy will be handed up to the Court on the return of the motion. ] The premises of petitioner are in the C Light Industrial The only uses permitted in the C Light Industrial District without the approval of two appointive administrative boards of the town are, to quote the statute, "Any permitted uses set forth in, and as regulated by, the following provisions of this chapter: (a) Subsection A(2) and (3) of § 100-30." 8. Such permitted uses are (1) specified "commercial agricultural operations and accessory uses thereto" (with certain provisions and ex- ceptions) including, subject to a number of special requirements (a) "the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products thereof in buildings x x x"., (b) "the keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks0 on lots of ten (10) acres or more", (c) [b]arns, stor- age buildings, greenhouses (including plastic covered) and other related structures x x x" and (2) "[b]uildings, structures and uses owned and oper- ated by the Town of Southold." It is apparent that petitioners property is not suited to any of the normally permitted uses in a C district. e 9. However, the statute provides map be permitted in such a district, viz.: that 16 enumerated uses B. Uses permitted by special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board in accordance with Article XIII hereof. (1) Industrial uses, including manufacturing, assembling, converting, altering, finishing, cleaning or other processing, handling or storage of products or materials, involving the use of only oil, gas or elec. tricity for fuel. (2) Research, design and development laboratories; office buildings. (3) Whdlesale storage and warehousing. (4) Building contractors' yards. (5) Public utility structures and uses. (6) Newspaper and printing establishments. (7) Bus and truck terminals (garages, parking facilities, loading docks, etc.). (8) Food processing and packaging plants. (9) Marinas for the docking and mooring of all types of boats. '4 (i0) Launching facilities. (11) Ferry terminals. (12) Yacht clubs; charter fishing docks. (13) Eating and drinking establishments. (14) Retail sales of boats and marine items. (15) Boat building: boat servicing; boat storage facilities. (16) Yards for sale and storage of fuel and building materials. "by special exception by the Beard of Appeals x x x subject to site plan approval by the l~lanning Board in accordance with Article XIII ..-x x x" with the caveat that no "'building or premises shall be used and no building e :- ;:~rt thereof shall be erected or altered in the C Light Industrial .~..,~ ~ct unless the same conforms with the Bulk and Parking Schedule Incorporated in this chapter by reference with the same force and effect as if such regulations were set forth herein in full." Such schedule follows: 10. ArticleXII, [100-121 C of Chapter 100 confers on the Board of appeals the following powers C. Special -xceptioos. special permits and other approvals. Whenever a use or the location thereof is permitted only if the Board of Appefils shall approve thereof, the Boart~ of Appeals may, in a specific case and after notice and public hearing, authorize such permitted use and its location within the district in which this chapter specifies the permitted use may be located, subject, however, to the following: ....... ,,,, ,' \ -,,py o! the report of such consultant shall be turmshc~l to the Planning Board, Building' Inspector and applicant. F. Amenctments to a site development plan shall be acted upon in the same manner as the approval of the or/ginal plan. G. The Planning Board may require that site plan approval be periodically reviewed. C 12. Pursuant to the statute petitioner applied on April 14, 1983 for a Building Inspector's approval of a proposed use and building; the application was denied. Thereupon petitioner applied to the Zoning Board = of Appeals for a special exception, and for a variance on other grounds. Due notice of the application was given to the adjoining property owners. 13. On April 29, 1983 the chairman of the Zoning Board df Appeals wrote a letter to petitioner: a copy is attached as Exhibit B. 14. Thereupon petitioner filed a proposed site plan with respondent and after revisions were made following an informal con ference with the chairman of that board a pre-submission conference was held. 15. Subsequently, on July 25, 1983 the respondent adopted a resolution which was communicated to petitioner's attorney by a letter dated July 26, 1983, a copy of which is annexed as Exhibit C. 16. The use petitioner sought was yacht rental and marine brokerage. As Exhibit A shows petitioner enjoys over 186 feet of water- front, some 153 feet of which is substantially bulkhcaded 17. Such use involves mooring sailing yachts to the bulkhead from time to time and the erection on the property of a small office and storage e building necessarily elevated to comply with federal flood plain area regulations. 18. Such use is not in any sense a generator of traffic or any other conditions significantly affecting the health, safety, welfare and morals of the people of Southold Town. It would be economically unfeasible to use the property for a permitted use without a special exception, but if such a use were engaged in it would doubtless have a far greater adverse effect than the requested use. 19. Under the circumstances the statute is unconstitutional as to petitioners property. 20. The determination of the respondent to disapprove the site plan drawn to its preliminary specifications was made in violation of lawful procedure, affected by error of law and was arbitrary, capricious and an abuse of discretion. WHEREFORE petitioner demands judgment direct ing respondent to approve petitioner's site plan, determining the unsonctitutionality of the statute as applied to petitioner's property and for such other, further or different relief as to the Court may seem just a~d proper.' Stanley S. Corwin, p.C. Attorney for Petitioner Office & p. O. Address 634 First Street, p.O. Box C Grccnport, N.Y. 11944 516 / 477-0031 10. J ~ V~AIUE- ~,4 S/iV 0 YOUNG & YOU 400 OSTRANDER AVENUE~ RIV£RH SUEVEY FOR: KATHRINE FARR AT GREENPORT TOWN OF SOUTHOLD SUFFOLK CO., N.Y. Southolcl Town Boar f p als APPEALSBOARD MEMBERS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI April 29, 1983 Ms. Kathrine Fart P.O. Box 568 Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Marina and Brokerage Sales Request "C-Light" District Dear Ms. Farr: Please be advised that the following actions were taken by the board at our Regular Meeting held Wednesday, April 20, 1983 concerning your recent applications: RESOLVED, that the matters of KATHRINE FARR in Appeals No. 3117 and 3118, be held in abeyance pending receipt of the follow- ing: (1) six copies of a site plan accurately drawn to scale and certified by a licensed engineer or surveyor, including all proposed parking at 350 square feet per parking stall as required by Article XI, Section 100-112C and Article XIII in its entirety; (2) written comments, recommendations or approval by the Southold Town Planning Board concerning this site plan. Please let your proposals. to call. us know when the Planning Board has acted upon If you have any questions, please don't hesitate Yours very truly, lk CC: Planning Board Building Department GERARD P. GOEHRINGER C HA I/LMA N ~a ~wa~ecretary HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATItAM, Jr. WILLIAM F. MULLEN, Jr. Southold, N.Y. 11971 TELEPHONE 765-1938 July 26, 1983 Mr. Stanley Corwin 634 First Street Greenport New York 11944 Re: Kathrine Farr Site Plan Dear Mr. Corwin: After an on site field inspection and discussion of same at our meeting, July 25, 1983, the following action was taken. RESOLVED that the Southold Town Planning Board disapprove the site plan of Kathrine Farr, yacht rental station and office building for a marine brokerage, located at Greenport, because of insufficient area. cc: Zoning Board Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary of Appeals JUDITII T. TERRY TOWN CLERK REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF $OUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 January 28,. 1986 To' From: Re: Southold Town Planning Board Southold Town Board of Appeals ~ Southold Town Building Department Judith T. Terry, Town Clerk Waiver request - Katherine Farr Please submit all pertinent data in your files pertaining to the waiver request under Local Law No. 14 - 1985 submitted by Katherine Farr. Attachments RECeIVeD JAN 81986 Town Clmerk Southold Fairwind Yachts Inc. Manhanset Avenue Box 568 Greenport, New York 11944 477-0124 Area Code 516 Town Board Town of Southoid Southold. New York 11971 January 88, 1986 It is respectfully requested that a waiver to the Moratorium (Local Law # 14, 1985 relating to chapter 100 { Zoning } of the code of the town of Southold article XVI) be granted Kathrine Fart at 1100 Manhanset Avenue, Greenport, New York 11944, County Tax Map Parcel No. 1000-034-05-021. A Waiver so granted will permit the Zoning Board of Appeals to receive six (6) copies of the "As Built" Site Plan (Prepared by Young and Young, Land surveyors for N.Y.S. Lic. Nos. i2845 and 45893 in compliance with Appeal # 31117 application dated April 14, 1983) for review by above name Board. The "As Built" site plan is for work completed as authorized by Town of $outhold Building Department, Permit # 1389i Z of April 25,1985, copy attached. Sincerely yours, Kathrine Fart copy to Stanley Corwin 634 First St. Greenport, N.Y. 11944 FO~4' NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y. BUILDING PEP. MIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N£ 13891 Z Permission is hereby granted to: .......... ...~...,~.r.~./~z ~.....,~xcx~, ........... ......... x..,..~. ....... /£ox ...... ~..¥.~. ................... I' ~' ' ~' ~' ' ' '/~' \ ~'" ~ o ........ ~o.x~..~_~.~. ...... d',.~.~.~-/~.C,~.r~......~.L~..~...~.....~.~z.4../~C, ~.,x~.~..x<~.,~.~.....~~,.~ ........................................................................................ at premises located at ..... /.~.~..~ ....... ~.,,,~A:X~'X/L/.~'.T?~... - -- ~-' County Tax Map No. I000 Section .(.~.~.~...~.. ........ Block ..(~..,~ ............ Lot No..(~.~/. ............ pursuant to application dated . ..~.~.~_~ .......... /....~_.. ....................... 19 ,~....~., and approved by the Building Inspector. Rev. 6/30/80 SMITH~ FINKELSTEIN, LUNDBERG~ CRIMMINS AND YAKABOSKI 456 GRIFFING AVENUE, CORNER 0F LINCOLN STREET P. O. BOX 380 I~IYERHEAD~ N. Y. 11901 October 31, 1984 Mr. Gerard P. Goehringer, Chairman Southold Zoning Board of Appeals Town Hall 53095 Main Road Southold, New York 11971 Re: Farr v. Southold Town Board of Appeals Dear Gerry: I enclose herewith Decision in the above matter, wherein His Honor takes great exception to the restrictions the Board sought to impose. Enclosure, F JY: mo Very/ruly yours, · , MEMORANDU _ '$UEREME COURT, SUF LK COUNTY $ ClAL TERM 31.106N P~ti~c~e.r, VS. BY ,]O~E~! R. CORSO, j. S. C. DAT~'D Octc~ber 18, '~ndex #84-15561 19 84 In this CPLR Article 78 Proceed/rig, petitioner nDves for an or~ of this Cour~ annulling that portic~ of a decisi~ rendered by respondent which Lmposed o~- ditic~s 5, 6, 8 and 12 u~x~ their w~nting petitic~er's application f~r a special exceptic~ for a marina and yacht-brokerage sales office. Petitic~er is the owner of a parcel of ~acant property ~ %ahich she seeks tD put up a ~]] building for use as an office for marine brokerage sales and for requires a ,spec{~l exceptic~ and a variance frc~ the reset South31d Tok~ Board of Pet/tic. er seeks to elim/nate only those ccnd/ti~s numbered 5, 6, 8, and 12, ~ich read as follow~= "51 i -No bc~__ts to be moored parall, el to existing moored boats (no stacking); · 6. ';u~tional docking and mooring facilities will require an applicatic~ %0 the Z.B~A. and consideratio~ therefore; 8/ ~ Proposed second story deck at west end 'of building shall be reduced (from 4¥ ~6"'and 10') to 2' 6" at the northwest corner, and 5' at the southwest corner respect/vely; 12, '"No storage of boats other than inside b,~ldings or moored in the ~ter." Petitioner co,tends that the aforerentioned ~litions are arbitrary, cap- r[cious and illegal. Specifically, the c~ndlt/c~ that "no boats be ~oored FARR' VS S(X~"HOI~ ~ B(]ARD (2F APPEALS Page2 Petitioner asserts that the Board knew that the adjoiming marina, "regularly stacked next to petitioner's ~operty .... and that stacking was c~,~n On the residential side of the narrc~ ~ody of water where c~,,~rcial fish/ns boats, as well as large private vessels are moored and stacked," Further, it is argued that a careful r~ng of respcr~/~nt's powers "does not disclose the power they a~ugate unto themselves." It is su~nitted that conditic~ 6 requiring an application f~r "~tional docking and mooring facilities," is a deliberats att~,~t to inhibit petltic~_r. Petitioner states that for the pest two years bulkhead/rig ~Drk has been done aft~_r ~e grant of necessary apuroval fl-~ the Corps of ~gineers, the D.E.C., and the Southold To~n Board. These bodies have already ap~zoved an extension of the existing bulkhead and the cc~tract which has already been let, const/tutes "add/ti~nal dock/rig and mOOr/ng facilities." ~ ...Betitioner avers that item 8, the reduction of the proposed deck, if adhered would result in a 'significant safety problem and is an arbitrary r~t. Fir~lly, petif/oner claims that it~ 12, "no storage of boats other tha~ side building or moored in water," has been previously decis~ upon. According to pet/tic~e~s cOUnsel, a CC~se with the Plann/ng Board was reached limiting boat storage to ve~_ls of a given maximum langth. Besp~gdents argue that they essentially granted all of petitioner's as ifar as' %~r~es and special perm/t ~ses are ooncerned. Reset points Out that this tr~mgular parcel is under 3,800 s~.m~e feet and the minimum lot size for a parcel in District C-Light Industr~ Zc~e is 40,000 square feet with a required lot width of 200 fee~., '-~In light of the location of the parcel; its shape and area; and in light of reasonable. S/rice a zon/ng board is given discretion in grant/ng or denying of variances, the Court's function is 1/mired and Board determ/rmtion may not be set aside in absence of illegality, arbitrariness, or abuse of discretion. Muller v W. illi~ns , 88 A.D. 2d Page 3 725, 451 N.Y.S. 2d 278. The Board's de~rminat/c~ will be sus~aCned if it has a rational basis and is support~ by substantial evidence. Matter of National Merritt .V. Wiest, .41 N.Y. 2d 438, 393 N.Y.S. 2d 379. In the present case, respondents have fa/led to d~,unstrat~ any rae{~_~nal basis for the ~mposition of the four conditic~s enu~_rated above. A~cord/ngly, these'four cond/tic~s with/n 10 days after receipt of a copy of this judgment with notice of ~try. This cc~stitutes the judgment of t~ fburt pursuant to CPI~ 7806. No ~ jud~nt need be su]~itt~ or entered. Pa§e 3 - Appeal No. 18 Matter of .~A?HRINE.,,FARR Decision Rendered June 28, 1984 4. No fencing along the north side property line less within) six inches of front property line [except chainlink guide rail for proper visibility if screening is desired]; j~ /5. No boats to be moored parallel ~'~'~,~ {noJstacking); '~ 6. Additional docking and mooring application to the ZBA and consideration than or to existing moored boats facilities will require an therefore; 7. Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued; .~ ~8. Proposed second-story deck at west end of building shall _~' be reduced (from 4'6" and lO') to 2'6" at the northwest corner and 5' at the southwest corner, respectively; 9. Existing stockade fencing along south line shall be con- tinuously ~aintained; 10. No launching ramp shall be built or permitted; ll. Building approved herein shall conform to all setbacks in letter/memorandum dated June 18, 1984 from Stanley S. Corwin, P.C.; ] ~.q~L- 12. NO storage of boats other than inside building or moored in water. Location of Property: West Side of Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-21. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. Member Doyen of Fishers Island was absent. This resolution was adopted by a unanimous vote of all the members present. Attached hereto as Page 4 June 18, 1984 from Stanley Condition No. II, supra). is a copy of the S. Corwin, P.C. letter/memorandum dated (reference made in RARD P. GO'EHRI CHAIR'M~[~- July 12, 1984 RINGEy-C~ Southold, N.Y. 11971 (516) 765-1938 March 13, 1984 Zonining Board of Appeals Gerard Goehringer, Chairman Town Hall Southold, NY 11971 Attn: Linda Kowalski Dear Linda: This letter is to inform you that the Planning Board is in agreement with Mr. Stanley Corwin and Mr. Richard Lark regarding the resolution for the site plan of Kathrine Farr located at Greenport. Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN SQUTHOLD TOW4~ PLANNING ~OARD WHEREAS, the Planning Board acted with respect to the application of Kathrine Fart on December 5, 1983, specifying conditions upon which a site plan would be approved, and WHEREAS, a meeting was thereafter held attended by the chairman of the Board , the Board's attorney, Richard F Lark, and Mrs. Fart's attorney , Stanley S Corwin, for the purpose of resolving remaining differences and WHEREAS, the Board has duly deliberated upon the report of the chairman and the recommendation of its attorney, NOW, THEREFORE, BE IT RESOLVED that the Board's resolution of December 5, 1983 be and it hereby is amended, as follows: 1. Condition item 3(b) is amended to read: Suitable parking for five (5) cars ( with the statutory minimum width and length requirements al~d such area as may be approved by the Board of Appeals). 2. Condition item 3(c) is deleted. 3. Condition item 3 (d) is re-lettered 3(c). 4. Covenant item 4(a) is amended to read: No storage of fuel on the premises for retail sale. 5. Covenant item 4(b) is amended to read: No hauling of boats greater than 14 feet in length from the premises. 6. Covenant item 4(c) is amended to read: No outside storage of boats greater than 14 feet in length. 7. Covenant item 4(e) is deleted. 8. Covenant item 4(f) is re-lettered 4(e) and amended to read: Ingress and egress to the proper':y from Manhanset Avenue will be limited to within 40 feet of the ~outheast corner of the property. 9. Covenant item 4(g) is re-lettered 4(0 and amended to read: No retail sales on the premises, except boats. 10. Covenant item 4(h) is re-lettered 4(g). 11. Covenant item 4(i) is re-lettered 4(h) and amended to read: Compliance with Suffolk County Department of Health Services require- ments and standards for an office building. 12. Covenant item 4(j) is re-lettered 4(t). RICHARD F. LARK ATTOF~NEY AT LAW MAIN ROAD - P, O. BOX 973 CUTCHO(~UE, NEW YORK 11935 TELEPHONE 516 734-6807 February 10, 1984 FEB J 9 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 ATT: RE: Dear Henry: Henry E. Raynor, Jr., Chairman Kathrine Farr - Site Plan Stanley Corwin dropped off the enclosed resolution at my office yesterday. Please review same with the Board, and before any action is taken, kindly discuss same with me. Very truly yours, Richard F.~ark RFL:bc Enclosure T~D StaY Southold. N Y 11971 December 9, 1983 Stanley Corwin, Esq. 634 First Street Greenport, New York 11944 RE: Kathrine Farr - Site Plan Dear Mr. Corwin: The following action was taken by the Southold Town Planning Board on Monday, December 5, 1983: WHEREAS, a letter was received by the Planning Board dated October 26, 1983, from Edward F. Hindermann, relative to the Planning Board's request for site plan certification; and WHEREAS, a meeting was held with Stanley Corwin, Esq., attorney for the applicant, who appeared before the Planning Board on November 21, 1983; and WHEREAS, an additional on site inspection of the premises was made by the Planning Board; and NOW, THEREFORE, BE IT RESOLVED, the Resolution of the Planning Board dated July 25, 1983, disapproving the site plan of Kathrine Farr, yacht rental station and office building for a marine brokerage, located at Greenport, because of insufficient area is RESCINDED, and the following Resolution is placed in its stead: RESOLVED, the proposed site plan for Kathrine Farr for premises located on the west side of Manhanset Avenue, Greenport, New York, is granted subject to the following conditions: The Applicant Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a Special Exception pursuant to Section 100-80 of the Southold Town Zoning Code for a limited marina and yacht brokerage business for her property located on the westerly side of Manhanset Avenue, Greenport, New York. Stanley Corwin, Esq. RE: Kathrine Farr - Site Plan -2- December 9, 1983 4 o The Applicant, Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a Variance for insufficient front and rear yard setbacks in order to construct an office building on the premises. After receipt of both the required Special Exception and Variance from the Southold Town Zoning Board of Appeals, the Applicant will sub- mit to the Planning Board a formal site plan showing the following: (a) The location and size of the proposed office building approved by the Zoning Board of Appeals. (b) Suitable parking for seven (7) cars. (c) Docking slips for five (5) boats. (To include boats owned by Applicant). (d) Proposed fencing along Manhanset Avenue and adjoining property to the south. In addition, the Applicant will file with the Planning Board a Declaration of Covenants and Restrictions in a form to be recorded in the Suffolk County Clerk's Office prior to granting approval of the final site plan including the following covenants: (a) No storage of" fuel on the premises. (b) No hauling of boats from the premises. (c) No outside storage. (d) No repair of boats outside of chartered boats or boats owned by the Applicant. (e) No more than five (5) boats shall be docked on the property at any one time. (f) Ingress and egress to the property from Manhanset Avenue will be limited to within 30 feet of the southeast corner of the property. (g) No retail sales on the premises. 'S~ar~ej Corwin, Esq. RE: Kathrine Farr - Site Plan -3- D~er 9, 1983 (h) No stormwater runoff resulting from the construction of the office building and parking area shall be discharged on to Manhanset Avenue. (i) Compliance with Suffolk County Department of Health Service requirements and standards for boat slips and office building. (j) one (1) year site plan review by the Planning Board. Please forward four (4) copies of the finalized site plan with all of the above items to our office. When the above conditions have been met, the Chairman will endorse approval; two copies will be returned to your office. Very truly yours, cc: HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals N~ VORK DL~AR'I'~E,~T OF ~. 40, SU~--Room 219 S~ ~ok, ~ 11794 (516) 751-7900 634 Fl~t St~ee~ Gree~po~, ~V 11944 A rcui~u ~ bee~ ~e of your p~opo~a~ to.' eo~ ~ ~0~ × ~5' b~g ~ of ~ fu~lo~ Lo~.on'. ~e~t ~ld¢ o{ Ma~h~e~ Au~e ~p~ely 258.86' ~o~h of Th~efore, ~o pe~ unde~ Ar~e 25 (TJ~ ~etl~nd~) o~ the Environmental DJL:RNT=cz Regi~/~e~ Admi~l~ t~or ~R055 ~EC..TIO/V TH~U PROPO.~EO Southold Town Board of Appeals I~AIN ROAD- BTATE ROAD 25 BOUTHOLD, L.I., 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 December 4, 1984 Stanley S. Corwin, P.C. First Street Greenport, NY 11944 Re: Appeal No 3117 and No. 3118 - Kathrine Farr Dear Mr. Corwin: Please find enclosed the decisions in the above matters revised pursuant to Hon. Joseph R. Corso's order. Copies have been furnished to the Planning Board and the Building Inspector. Yours very truly, Enclosures cc: Building Inspector Planning Boa_rd .Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN Commission Southold Town Board of Appeals MAIN ROAD- -~TAT£ ROAD 25 SOUTHO/Do L.I., N,Y. 11c)71 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3]]8 Application Dated April ]4, ]983 TO: Stanley S. Corwin, P.C. as Attorney for KATHRINE FARR 634 First Street Greenport, NY 11944 [Appellant(s)] At a Meeting of the Zoning Board of Appeals held on November 29, 1984 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 [ ~ Request for Variance to the Zoning Ordinance Article VIII , Sections 100-80(B) and 100-81 [ ] Request for Upon application for KATHRINE FARR by Stanley S. Corwin, Esq., First Street, Greenport, NY for a Variance to the Zoning Ordinance, Article VIII, Sections lO0-80(B) and 100-81 for permission to construct building for marina and brokerage office in this "C-Light Industrial District," at llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05-021. WHEREAS, on October 18, 1984, under Index #84-15561, Hon. Joseph R. Corso, Justice, Supreme Court, Special Term, of Suffolk County, has ordered that the subject variance be reissued without conditions 5, 6, 8, and 12, and WHEREAS, the remainder of this board's decision rendered June 28, 1984 shall remain in full force and effect pursuant thereto; NOW, THEREFORE, on motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that the decision as rendered by this board BE AND HEREBY IS RE-ISSUED, WITHOUT CONDITIONS 5, 6~ 8 and 12, as ordered, and re-numbered as follows: 1. No lighting that will be adverse to neighboring uses; 2. A railing or barrier (guard rail) shall be constructed, not to exceed 30" above ground level, along the front property line to prevent unsafe exiting onto street, [except that the area for ingress and egress within the "curb cut" remain open]; 3. No fencing along the front property line, except chainlink for proper visibility (or otherwise noted in these conditions); 4. No fencing along the north side property line less than (or within) six inches of front property line [except chainlink or guard rail for proper visibility if screening is desired]; 5. (7.) Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued; 6. (9.) Existing continuously maintained; stockade fencing along south line shall be ~A 7. (lO.) No launching ramp shall be built or permitted; ONTINUED ON PAGE TWO) TED: December 3, 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Fo~ ZB4 (rev. 12/81) Page 2 Appeal No. 3118 Matter of KATHRINE FARR November 29,1984 Amendments 8. (Il.) Building approved herein shall conform to all set- backs in letter/memorandum dated June 18, 1984 from Stanley S. Corwin, P.C., attached hereto for reference; Location of Property: West Side of Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-05-21. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Grigonis, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk ~RARD P. GOEHRI'NGER, ~CHAIRMAN December 3, 1984 X COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 Town of Southold Board of Appeals August 15, 1984 Pursuant to the requirements of Sections 1323 to 1332 of the Suffolk County Charter, the following applications which have been referred to the Suffolk County Planning Commission are considered to be a matter for local determinmtion. A decision of local determination should not be construed as either am approval or a disapproval. Applicant Municipal File Number Katherine Farr Katherine Fart John Denny David & Jeanne Brawner Ernest & Jean Stumpf John Grigonis 3117 3118 3244 3245 3247 3248 Very truly yours, Lee E. Koppelman Director of Planning Gerald G. Newman ,Chief Planner 11788 STANLEY S. CORWIN, P. C. ATTORNEY AND COUNSELLOR AT LAW July 11, 1984 Board of Appeals Town Hall Southold, N.Y. Re: Applications of Farr Gentlemen Reference is made to the action you took with regard to the Farr use and variance applications, and particularly to the conditions which you imposed. Please regard this letter as an application for your re-consideration and for an informal sit-down session with the board to afford us an opportunity to state our position. This request is made in the light of the action already taken by both the Planning Board and the Town Board. Take item [6], for example. We already have Town Board approval to complete the bulkheading, some 33 feet, and install a dock like the existing one. As I write this letter boats are moored parallel both to the south and north of our property (the north side is residential). Item 5 discrimin- ates and is for that reason and otherwise objectionable. Finally, the provision you made for storage is at variance with what the Planning Board did;; and we want clarification of item [8]. We believe this request is not unreasonable and look forward to your favorable consideration. Stanley S. Corwin ( t,~ .... (~. ~ ~., .... :. far Z~ file .. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N,Y. 11g71 TELEPHONE {516) 765-1809 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 Zoning Code, Article VIII, Section I00-80(B)&I00-8I Variance from Determination of Southold Town Building Inspector Special Exception, Article , Section __ Special Permit Appeal No.: 3II8 Applicant: KATHERINE FARR Location of Affected Land: II00 Manh~nset Ave., Greenport County Tax Map Item No.: 1000-034-05-02I Within 500 feet of: -- Town or Village Boundary Line xx Body of Water (Bay, Sound or Estuary) __ State or County Road, Parkway, Highway, Thruway __Boundary of Existing or Proposed County, State or Federally- Owned Land Boundary of Existing or Proposed County, State or Federal Park or Other Recreation Area __ Existing or Proposed Right-of-Way of Any Stream or Drainage Channel Owned by the County or for Which The County Has Estab- lished Channel Lines, or Within One Mile of a Nuclear Power Plant __ Within One Mile of An Airport. COMMENTS: Applicant is requesting permission to construct bldg. for marina office in this "C-Light Industrial" District. Public Hearing May I7, I984. No Action Taken. Copies of Town file and related documents enclosed herewith for your review. Dated: June 28, I984 Temp. S'ecre~ry, Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE RIAD 25 SOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 July 12, 1984 Stanley S. Corwin, P.C. 634 First Street Greenport, NY 11944 Re: Appeal No. 3118 - Kathrine Farr Application for a Variance Dear Mr. Corwin: Enclosed for your records is a copy of the formal findings and determination recently rendered and fi.led this date with the Office of the Town Clerk in the above matter. Yours very truly, Enclosure Copy of Decision to Building Department Planning Board Suffolk County Planning GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski Commission APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT ,J. DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. 11cJ71 TELEPHONE (516) 765-1809 TO: FROM: DATE: SUBOECT: Office of the Office of the July 12, 1984 Appeal Town Clerk, Town Hall, Southold Zoning Board of Appeals No. 3118 Variance Application of KATHRINE FARR Transmitted herewith for filing in your office is the original decision in the above matter. Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. l.l.. N.Y. 11cJT1 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3117 Application Dated April 14, 1983 TO: Stanley S. C0rwin, P.C. as attorney for KATHRINE FARR 634 First Street Greenport, NY 11944 (Planning Board action 3/30/84) [Appellant(s)] At a Meeting of the Zoning Board of Appeals July 3, ]984, the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [X ] Request for~ecial Excepti~__u,n_d.e.r_ ~t.h.e..Zoning Ordinance Article VIII , Sections ~uu-Bu~S)LgJL(4] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Upon application for KATHRINE FARR by S. S. Corwin, Esq., First Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article VIII, Sections lO0-80(B) and 100-81 for permis- sion to construct building for marina and brokerage office use in this "C-Light Industrial" District, at llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-034-05-021. The board made the following findings and determination: This is an application for a Special Exception to the Zoning Ordinance under Article VIII, Section 100-80(B)[9][12], which provides for marinas for the docking and mooring of boats and retail sales of boats and marine items. Applicant is requesting a "yacht brokerage" and marina/marina-office use, and outside storage is not being sought. Applicant states that the yacht brokerage business involves "inside" office activities for the boat sales, frequently by telephone. This use is proposed within the two-story principal building, as shown on the filed site plan, of 16' by 20' in size and a three-foot covered walk-up on the north side, as more particularly described and approved in the area variance granted by this board on June 28, 1984 in Appeal No. 3118. The parcel in question is located in the "C-Light" Industrial Zoning District and contains an area of approximately 3,780 sq. ft. with 132.76 frontage along Manhanset Avenue as shown by survey prepared by Young & Young, revised May 23, 1983. This parcel is identified on the Suffolk County Tax Map as District 1000, Section 034, Block 05, Lot 021, and was conveyed to the applicant on December ll, 1981 at Liber 9152 page 392. The premises is vacant land. It is noted for the record that on March 30, 1984, action was taken with conditions by the Southold Town Planning Board concerning this property and subject to receiving a site plan in final form, showing: (a) The location and size of the proposed office building approved by the Zoning Board of Appeals; (b) Suitable parking for five cars with minimum length and DATED: July 13, 1984. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS (£ONTTNUED ON PAGE TWO) .Pa~e,2 - Appeal No. 7 Matter for KATHRINE FARR (Special Decision Rendered July 3, 1984 Exception) width requirements as required by the Southold Town Zoning Code in the area as may be approved by the Southold Town Zoning Board of Appeals; (c) Proposed fencing along Manhanset Avenue and the adjoin- ing property to the south; (d) Proposed ingress and egress to the property from Man- hanset Avenue within 40 feet of the southeast corner of the premises. The Planning Board has also required that Covenants and Restrictions be prepared in recordable form prior to their granting of the final site plan which would include Items (a) through (k) of that board's March 30, 1984 action. It is noted, however, that the conditions imposed by this board may be more stringent in order to provide for better visibil- ity, safe and proper manueverability, unobstructed boat accessibility, convenience, parking, et cetera. The members of this board are familiar with the property in question as well as the surrounding properties~ All testimony received at the public hearing held May 17, 1984 by this board has been taken into consideration. Opposition concerning this application has not been submitted for the record since the filing of this application. It is also noted for the record that the premises in question was the subject of a prior appeal, No. 3118, for area variances of the principal building, and a decision has been rendered by this board June 28, 1984, filed with the Town Clerk July 12, 1984. In considering this application, the board has determined: (1) that this use of the land in question is in the board's opinion within the definition of the uses listed under Article VIII, Section lO0-80(B); (2) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (3) that the safety, health, welfare, comfort, convenience or order of the town will not be adversely affected by the proposed use and its location; (4) that the use will be in harmony with and promote the general purposes and intent of zoning. In passing upon this considered items (a) through of the Zoning Code. application, the board has also (1) of Article XII, Section lO0-121(C)[2] Accordiogly, on motion by Mr. Grigonis, seconded by Mr. Douglass, it was RESOLVED, that the application for KATHRINE FARR for a Special Exception for a marina and yacht-brokerage sales office, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. No lighting that will be adverse to neighboring uses; 2. A railing or barrier (guide rail) shall be constructed, not to exceed 30" above ground level, along the front property line to prevent unsafe exiting onto street, [except that the area for egress and ingress within the "curb cut" remain open]; 3. No fencing alonQ the front property line, except chain- link for proper visibility (or otherwise noted in these conditions); 4. No fencing along the north side property line less than (or within) six inches of front property line [except chainlink or guide rail for proper visibility if screening is desired]; 5. No boats to be moored parallel to existing moored boats (no stacking); 6. Additional docking and mooring facilities will require ~Page'3 - Appeal No. 3117 Matter for KATHRINE FARR (Special Decision Rendered July 3, 1984 Exception) an application to the ZBA and consideration therefore; 7. Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued; 8. Proposed second-story deck at west end of building shall be reduced (from 4'6" and lO') to 2'6" at the northwest corner and 5' at the southwest corner, respectively; 9. Existing stockade fencing along south line shall be continuously maintained; 10. No launching ramp shall be built or permitted; II. Building location as approved under Appeal No. 3117 shall conform to the setbacks mentioned in the letter/memorandum dated June 18, 1984 from Stanley S. Corwin, P.C. (or as stipulated by conditions/actions taken concerning this project, whichever is more restrictive); 12. No storage of boats other than inside building or moored in the water. Location of Property: West Side of Manhanset Avenue, Greenport, NY; County Tax Map Parcel No. 1000-34-5-21. Vote of the Board: Ayes: Messrs. Goehringer, Douglass, Grigonis and Sawicki. Member Doyen of Fishers Island was absent. This resolution was adopted by unanimous vote of the members present. RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK pArS Houm Town Clerk, Town of Soutl~ld STANLEY S. COR~7EN, P. C. ATTORNEY AND COUNSELLOR AT LAW MEMORANDUM To: From: Re: Date: Southold Town Board of Appeals: attn. Stanley S. Corwin Farr application June 18, 1984 Mrs. Kowalski I do hope this memorandum and the attachment will serve to resolve any questions that may remain about this application. If, however, in some respect it is insufficient, please let me know and I'll try to sup- ply anything that may be needed. 1. It is proposed to place the building on the property as shown on the attached site plan, of which 5 copies are enclosed. The scale is 1 inch equals 8 feet. This site plan is one of a number submitted to the Plan- ning Board and is not a final approved plan. It does, however, reflect the building location. The building proper is 16x20 with a 3' covered walk-up on the north side. The floor plan and elevations of the building will be as sub- stantially submitted previously to the building inspector, copies of which you have. While we are in the flood plain the applicant would like to have a slab at ground level, and room to park a car under the usable floor space. It is ou~belief the subsoil conditions will permit placing the building fairly precisely as shown. It will be on deep=set piles, however, and we would like a foot latitude either way. 2. There seems to have been some question about a division of office space in terms of proposed uses. As a practical matter the applicant considers the marina (yacht rental) use and the marine brokerage use as one entity. We simply cannot set aside any given area or make specific lines of demarcation. The uses intermingle, interchange, overlap. 3. The set-back from the road would be not less than 12' nor more than 14'; the set-back from the outside of the bulkhead would be between 3'6" and 5'6" on the northerly end and between 9' and 11' on the souther- ly end. Please associate this memo and the site plan with i/he file as part~)f the application. ,- -- , ? Southold Town Board Appeals May 17, 1~4 Regular Meeting PUBLIC HEARINGS: Appeals No. 3117 (Special Exception) and No. 3118 (Variance) in the Matters of the Applications for KATHRINE FARR, by Stanley S. Corwin, Esq., First Street, Greenport, NY for: -(~ a Special Exception to the Zoning Ordinance, Article VIII, Sec- tions lO0-80(B) and 100-81, for permission to construct building for marina and brokerage office use in this "C-Light Industrial" District, at llO0 Manhanset Avenue, Greenport, NY; and (2) a Variance to the Zoning Ordinance, Article VIII, Sections lO0-80(B) and 100-81 for permission to construct building for marina office in this "C-Light Industrial" District, at llO0 Manhanset Avenue, Greenport, NY; County Tax Map Parcel N~. 1000-034-05-021. The Chairman opened the hearings at 9:30 o'clock p.m. and asked Mr. Corwin and the audience if there was any objection to his opening both hearings at the same time. Mr. Corwin stated that he felt they should be considered together because the variance was of no value without the special exception. Accordingly, the Chairman read the legal notices pertaining to both applications and in addition read both applications for the record, the Variance and Special Exception applications, respectively. MR. CHAIRMAN: I have a copy of the map dated March 7, 1983 indicating a proposed structure for the variance of 16' by 23'. It appears to be a two-story structure. It appears to be four feet to the closest part of the bulkhead. SECRETARY: That was my notation on the map, and I'm not sure that's accurate.and we should Check. MR. CHAIRMAN: All right, I'll ask the question. And have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Mr. Corwin. STANLEY S. CORWIN, ESQ.:. I think that the board is familiar with the contents of our application. Our first application to the town goes back to June 1982. We landed one of those chicken and egg things where we have to have a site plan first, or a variance first. Those matters have been resolved up to this point as a result of working with the Planning Board.. They have given us a conditional site plan approval subject to further action, pend- ing hte action of this board. I'm not supposed to relate the facts because I'm sure that you're all familiar with them. We're dealing with a very small piece of property there. The application for which we're making as far as use is concerned is about.~he only thing for which it could be used other than to remain sterile. I.f you care to ask questions, and I'U like to reserve a little time in the event that there's someone here that may be opposed to the application so that I could reply. MR. CHAIRMAN GOEHRINGER Mr. Corwin, do you have any idea the exact distance of the proposed structure is Supposed to.be from Southold Town Board ppeals May 17,~984 Regular Meeting (Appeal No. 3117 and No. 3118 ~ KATHRINE FARR hearings continued:) MR. CHAIRMAN (continued): the--the proposed structure that you would like it to be from the existing bulkhead? I have pencilled-in figures that we had taken when we had gone down there and you know with a tape some time ago. I think there was even snow on the ground at that time to be honest with you. At that time we were talking, our figures were four feet. MR. CORWIN: Something on the order of four feet, about the Width of the walk at the edge of the bulkhead. MR. CHAIRMAN: At any time during the negotiations with the Planning Board, were there any other locations that either you or the Planning Board had suggested concerning the placement of this building-- MR. CORWIN: The Planning Board suggested that the property be put down in the southwest corner. We presented to them the practicalities of that situation, and they acceded that and agreed; when they considered well what actually happened, unless we changed the configuration of the building and made it an rhomboid rather than square or rectangular. So they withdrew that and agreed that the best place to put it was where we had originally asked. MR. CHAIRMAN: The area indicated of 3' by what appears to be 13, appears to be an open deck area? MR. CORWIN: Yes. MR. CHAIRMAN: So 16 times 2, so you're talking basically a building of about 640 sq. ft. MR. CORWIN: Yes. MR. CHAIRMAN: this structure? What would be basically be occurring within MR. CORWIN: In the first place the structure is going to have to be elevated so that the ground floor is some distance above the tidal bulkhead because of the flood plain situation. So there's really going to be nothing on the ground floor to speak of. On the second floor, what it really is is the first floor, it's going to be an office building, simply with offices in it. MR. CHAIRMAN: At any time that this was discussed with the Planning Board, was there any suggestion on anybody's part about using the, I guess you would call it the first floor of this building for the purposes of parking? MR. CORWIN: Yes. At one time the Planning Board suggested that we enlarge the building so that we can get two cars in there, when we were talking about the number of cars. The bottom of the Southold Town Board ppeals May 17,~m~984 Regular Meeting (Appeals No. 3117 and 3118 KATHRINE FARR hearings continued:) MR. CORWIN (continued): building can and will be used for parking of cars. MR. CHAIRMAN: So the building then will be open? With possibility an enclosed stairwell, that's what you're proposing? MR. CORWIN: True. MR. CHAIRMAN: With whatever retaining is required, steel lolly columns, cement block piers, whatever the case might be? MR. CORWIN: That's correct. MR. CHAIRMAN: The present parking that was required by the Planning Board is how many cars? MR. CORWIN: Five. And that is subject to further--they have indicated to us that they're not going to--it's going to have to comply precisely with the total number of square feet and each parking area required as long as we have the minimum width and length. MR. CHAIRMAN: You're talking about l0 by 20? MR. CORWIN: Yes. MR. CHAIRMAN: As opposed to 350 sq. ft. that they require? MR. CORWIN: Yes. MR. CHAIRMAN: Is there any specific your applicants have suggested this ~roposed to any other one? The placement. reason why you or position as opposed MR. CORWIN: No. Not really. MR. CHAIRMAN: Do you feel that you could live with some other position other than this particular one? MR. CORWIN: If the board would ever mind to discuss the alternatives of moving the building one way or the other, not beyond the possibility that we could sit down and do it, but I don't see any reason. We went all through that with the Planning Board. It seems to me the best situation for what they wanted with respect to parking, and they're considering where they wanted the curb cut, and the landscaping that they hoped to persuade us to put in, and things like that. I think the location as proposed is not only practical from the point of view of the applicants but I don't see any reason why it should be changed as far as either one of the board'is concerned. MR. CHAIRMAN: Ok, at present, with the proposed structOre that you have before the board at this time. You are basically talking about a 13' setback from Manhanset Avenue? MR. CORWIN: That's correct. Southold (Appeal s Town Board ppeals May 17, ll~4 No. 3117 and 3118 KATHRINE FARR hearings Regular Meeting continued:) MR. CHAIRMAN: Ok, and thereby going back on my original question of total square footage, you are in effect saying that the total usable area of this building for office purposes will really only be 320 sq. ft. MR. CORWIN: That's right. MR. CHAIRMAN: And you don't object to any restriction on that basis? MR. CORWIN: No. MR. CHAIRMAN: I don't have anything else. Does anybody else have any questions of Mr. Corwin? (None) Ok, let's see what develops. Thank you, Sir. Does anybody else have any questions? 'In behalf of the application? MR. GUASTINI: My name is Guastinelli, I built a house-- MR. CHAIRMAN: Guastina? MR. GUASTINI: G-u-a-s-t-i-n-i. MR. CHAIRMAN: Thank you. MR. GUASTINI: I just moved in my house located on the next block, and it seems to work on that building on their property now to keep it in good shape and neat and well landscaped, and I think that it would be'a definite asset to let it expand. Thank you. MR. CHAIRMAN: Thank you, sir. Is there anybody else that would like to be heard in behalf of this application? Anybody wishing to speak against the application? (No one). Is there any- thing you would like to add, Mr. Corwin? Is know that this has been a very long process. MR. CORWIN: No, thank you. It has been a long process. We lost two summers. And we'd like not to lose another. MR. CHAIRMAN: Thank you, Sir. Hearing no further comments, gentlemen? Any questions? Hearing no further comments, I'll make a motion closing the hearing-and reserving decision until some time later in the future. On motion by Mr. Goehringer, seconded by Mr. Douglass, it was RESOLVED, to close the hearing and reserve decisions until later some time in the future in the matters of KATHRINE FARR, in Applications No. 3117 and 3118. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted unanimously by all the members. Southold. N.Y. 11971 (516) 765-1938 April 3, 1984 Mr. Richard Lark Main Road Cutchogue, NY 11935 Re: Kathrine Farr Site Plan Dear Mr. Lark: A quorum of the Board m~t following field inspections March 30, 198~at the Town Hall and the following action was taken. RESOLVED that the Southold Town Planning Board ammend the resolution of December 5, 1983, with regard to the conditional approval of the "Kathrine Farr" Site Plan to reflect Councel Lark's resolution dated March 20,1984. A copy of the resolution will be filed with the Zoning Board of Appeals. If you have any questions, please contact this office. Very truly yours, Zoning Board of Appeals HENRY E. RAYNOR, JR., CHAIRMAN THOLD ~OWN-~PLANNING ~OARD~ M. SchuYtze, S~retary RICHARD f. LARK ATTORNEY AT LAW MAIN ROAD - P. O. BOX 973 CUTCHO(~UE, NEW YORK 119:35 TELEPHONE 516 734-6807 March 20, 1984 Southold Town Planning Board 53095 Main Road - Town Hall Southold, New York 11971 ATT: Diane M. Schultze, Secretary RE: Kathrine Farr - Site Plan Dear Miss Schultze: In connection with the above-captioned matter, I am en- closing a proposed amended resolution for the Planning Board to consider at its next meeting. If the resolution is acceptable, kindly present same to the Planning Board for its consideration, and if adopted, forward a copy to the Zoning Board of Appeals. It is my understanding the Zoning Board of Appeals is now pro- ceeding on the special exception and variance applications. RFL:bc ~. 9~nl~v ~nrw{n. R~n. Very/~uly your/~ ,. WHEREAS, following the Town of Southold Planning Board's December 5, 1983, resolution conditionally granting a proposed site plan for Kathrine Farr for premises located on the west side of Manhanset Avenue, Greenport, New York, further conferences were held between the applicant's attorney, the Board's attorney and the Chairman and members of the Board in an effort to seek clarification of the Board's intent and more precise definition, and WHEREAS, proposed amendme3nts to the prior resolution were heretofore advanced and considered, NOW, THEREFORE, BE IT RESOLVED, that the aforesaid resolu- tion of December 5, 1983, is amended so that the resolving paragraph reads as follows: RESOLVED, the proposed site plan for Kathrine Farr for pre- mises located on the west side of Manhanset Avenue, Greenport, New York, is granted subject to the following conditions. 1. The applicant, Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a special exception pur- suant to §100-80 of the Southold Town Zoning Code for a limited marina and yacht brokerage business for her property located on the westerly side of Manhanset Avenue, Greenport, New York. 2. The applicant, Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a variance for insufficient front and rear setbacks in order to construct an office building on the premises. 3. After receipt of both the required special exception and variance from the Southold Town Zoning Board of Appeals, the applicant will submit to the Planning Board a formal site plan showing the following: (a) The location and size of the proposed office building approved by the Zoning Board of Appeals. (b) Suitable parking for five (5) cars with minimum length and width requirements as required by the Southold Town Zoning Code in the area as may be approved by the Southold Town Zoning Board of Appeals. ~(c) Proposed fencing along Manhanset Avenue and the adjoining property to the south· (d) Proposed ingress and egress to the property from Manhanset Avenue within 40 feet of the southeast corner of the premises. 4. In addition, the applicant will file with the Planning Board a Declaration of Covenants and Restrictions in a form to be recorded in the Suffolk County Clerk's Office prior to granting approval of the final site plan including the following Covenants and any of those that may be imposed by the Zoning Board of Appeals: (a) No storage of fuel on the premises for retail sale. (b) No hauling of boats greater than 14 feet in length from the premises. (c) No outside storage on the premises of boats greater than 14 feet in length. (d) No storage of boats outside of chartered boats or boats owned by the applicant. (e) No repair of boats on the premises except boats owned or chartered by the applicant. (f) The docking of boats on the premises shall be parallel to the existing bulkhead. (g) Ingress and egress to the property from Manhanset Avenue will be limited to within 40 feet of the southeast corner of the premises. (h) No retail sales on the premises, except boats. (i) No stormwater runoff resulting from the construc- tion of the office building and parking area shall be discharged on to Manhanset Avenue. (j) Compliance with Suffolk County Department of Health services requirements and standards for an office building. (k) One (1) year site plan review by the Planning Board, and it is further RESOLVED that the Secretary of the Planning Board file a copy of this amended resolution with the Southold Town Zoning Board of Appeals. STANLEY S. CORWIN, P.C. ATTORNEY AND COUNSELLOR AT LAW March 28, 1984 Mrs. Linda Kowalski, Secretary Southold Town Board of Appeals Southold, N.Y. 11971 Dear Mrs. Kowalski Enclosed is a copy of a letter from Dick Lark transmitting a resolution, and a copy of the resolution. This was worked out in the course of compromising the pending litigation. Essentially the Planning Board is granting approval of the site plan conditionally, and they're passing the hall to the Appeals Board as the next step. Also attached are four copies of the site plan on which the Planning Board acted. My examination of the file does not indicate an amendment of the application is necessary. Mrs. Farr is asking for special exception use in two categories: marina, yacht brokerage; and for a variance as to the location of the building involving set-backs. There is no change in those aspects of the application. I'm grateful to you for the time you so patiently took to review this matter with me. Stanley S. Corwin e cc:KF, RL Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I.. N.Y. 11¢J71 TELEPHONE (518) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H, SAWlCKI TO WHOM IT MAY CONCERN: Concerning your recent application filed with our office, please find enclosed a copy of the Legal Notice as published in the local and official newspapers of the Town of Southold, to wit, the Suffolk Times and the L.I. Traveler-Watchman indicating the date and time of your public hearing. Please have someone appear in your behalf at the time specified in the event there are questions brought up during the public hear- ing and in order to prevent any delay in the processing of your application. If you have any questions, or if you would like to review your file prior to the hearing, please do not hesitate to either stop by our office at the $outhold Town Hall, or by calling our secretary, Linda Kowalski, at 765-1809 (or, if no answer, 765-1802). Yours very truly, Ik Enclosure GERARD P. GOEHRINGER CHAIRMAN NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Seclion 267 of the Town Law and the Provisions of the Amended Code of the Town of Southold, a Regular Meeting and the following public hearings will be held by the Southold Town Board of Appeals at the Town Hall, Main Road, Southold, NY on Thursday, May 17. 1984, commencing at 7:30 p.m. and as follows: 7:35 p.m. Application of VINCENT GRIFFO, 280 Basin Road, Southold, NY for a Variance to the Zoning Ordi- nance, Article III, Section 100- 32 for permission to construct accessory building in an area other than the rear yard, at 280 Basin Road, Souihold, NY; County Tax Map Parcel No. 1000-061-01-019. 7:40 p.m. Application of JAMES ANDERSON, 16 Waverly Place, New York, NY for a Variance to the Zoning Ordinance, Article XI, Section 100-118(D) for permission to reinstate nonconforming dwelling use of building in this B-1 Business District, 300 Moore's Lane (a/k/a Linden Ave.), Cutchogue, NY; County Tax Map Parcel No. 1000-109- 03.0~. 7:45 p.m. Application for JOHN WICKHAM. Wickham, Wickham a Bressler, P.C., Main Road, Mattituck, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-00 for permission to use premises as a business office for marine use for storage and repair of contractor's own vehicles and equipment, at 87576 Main Road, Greenpert, NY; County Tax Map Parcel No. 1000-052- 054)58. 7:50 p.m. Application of JOSE V, RODRIGUEZ, Box 113, Fishers Island, NY for a Variance to the Zoning Ordinance, Article VII, Sections 100-70(A) and 100-71, for permission to construct dwelling in this B-1 Business ' District. Location of Property: West Side of Fox Lane, Fishers Island, NY; County Tax Map Parcel No. 1000-012-01-001.002. 8:00 p.m. Application of JOSEPH FISCHETTI, Hobart Road, Southold, NY for a Variance to the Zoning Ordinance, Article V, Section 100-~0(C)[1] for permission to erect sign with le~s than four: foot clearance from ground, at 52800 C.R. 48, Souihold, NY; County Tax Map Parcel No. 1000-0514)6-002. 0:05 p.m. Application of ROBIN E. CARR, 811 Roanoke Avenue, Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct in,ground swimmingpool in the stdeyard area, at 315 Brown Street, Grecnport, NY; County Tax Map Parcel No. 1000-048-03- 042.8. 8:10 p.m. Application of ROBERT W. GILLISPIE, IlL Box 1112, Southold, NY for a Variance to the Zoning Ordinance, Article VI, Section 100-60(C) for permission to erect sign with insufficient setback from the front (street) property line, at North Side of Main Road, Southold, NY; County Tax Map Parcel No. 1(110.061-02-07 and part of 06. 8:15 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article IX, Section 100-93 for permission to construct office building with, an insufficient frontyard setback, at 1815 Youngs Avenue, Southold, NY ("C-I" General Industrial Zone); County Tax Map Parcel No. 1000-60-1-6. 8:25 p.m. Application for GOLDSMITH & TUTHILL, INC. by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Special Exception to the Zoning Ordinance, Article IX, Sections 100-90, 100-91, and Article VIII, Section 100-80(B) for permission to construct office and storage building in this "C-I" General Industrial District, at 1515 Youngs Avenue, Southold, NY; County Tax Map Parcel No. 1000-60-1- 6. 8:35 p.m. Application for GERTRUDE M. ALI by R.F. Lark, Esq., Main Road, Cutchogue, NY for a Variance to the Zoning Ordinance, Article III, Section 100-32 for permission to construct new dwelling which places accessory storage building in the frontyard area. Location of Property: South Side of East Road, Cutchogna, NY; County Tax Map Parcel No. 1000-110-07-018. ~--"~:46 p.m. Application for KATHRINE FARR by S.S. Cor~n, ~ 634 Flint Street, Grse~purt, NY fo~ a Varianea to the Zoning Ordinance, Article VIII, Sections 100- 80(B) and 100-81, for ~ermission to construct uilding for marina office in this "C-Light Industrial" District, at 1100 Manhanaet County Tn,. ,lap Parcel No. ] 000-034-0~-021. 8:55 p.m. Application for KATHRINE FARR by S.S. Corwin, Esq., First Street, Grcenport, NY for a Special . Exception to the Zoning Ordinance, Article VIII, Sections 100.00(B) and 100-81 for permission to construct building for marina and brokerage office use in this "C-Light Industrial" District, at 1100 Manhanset Avenue, Grecnpert, NY; County Tax Map Parcel' No. 1100 Manhanset Avenue, Grecnport, NY; County Tax Map Parcel No. 1000-034-05- 021. 9:00 p.m. Application of KEVIN AND LESLEY MILOWSKI, Box 134, C~tchogna, NY for a'Variance to New York Town Law, Article 16, Section 280A, for approval of access over a private right-of-way at the west side of Cox Neck Road, Mattituck, NY; (now or formerly W. Chudiak); County Tax Map Parcel No. 1000-115.7-purr of 12. 9:05 p.m. Application for BERTRAM AND MARGERY WALKER. by R.T. Haefeli, Esq., Box 757, Riverhead, NY for a Variance to the Zoning Ordinance, Article III, Section 100-31, for: (a) an interpretation that the existing cottage and garage are valid preextsting, nonconforming uses and structures; (b) approval of a wooden deck as an accessory structure in the sideyard; (c) approval of a reduction of livable floor area of a proposed dwelling conversion to 500 sq. ft. and approval of insufficient sideyards. Premises located at Edgemere Park, MacDonald's Path off Peconid Bay Boulevard, Laurel; County Tax Map No. 1000-145- 4-014. Persons having an interest in any of the above matters may appear and be heard at ,the time and place specified above. For additional information, please contact our office, 765-1809 (or 765- 1802). Dated: May4, 1984. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN 1TM10-4564 STATE OF NEW YORK ) SS: COUNTY OF SUFFOLK ) SUSAN W. ALLAN of Greenport, in said County, being duly sworn, says that he/she ia Principal Clerk of THE SUFFOLK TIMES, a Weekly Newspaper, published at Greenport, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for one weeks successively, commencing on the 1 dayof Hay 19 84 ? Principal Clerk Sworn to before me this ~- 0'ch day of May 198 4 the TOmlt~d*~old; st ~, ,~td.~' ~mmencinS' it 7:30 '?V~ ~'~-~ ~' enue~ SoutbotS' ~; Cou~ 1-6. ~ m Appl~tion fo~ ~', ' 8: P' ' ' ALlbY ~S ~ance, A~cle au ~ S~~ 1~-32 f~ ~ to ~n~a new ~ ~s a~ss°~ storage w~c P . . ~d~ea' ~ ~ ~t go~, CutcnOgU , ~}d · ~; ~un~ T~ MaP pa~l. 1~110~-018. ~sia, ~o, AppliCation ~ou p.m. COUNTY OF SUFFOLK STATE OF NEW YORK Potricio Wood, being duly sworn, soys that she is the Editor, of THE LONG ISLAND TRAVELER-WATCH~N, a public newspaper printed at Southold, in, Suffolk County; and that the notice of which the annexed is o printed copy, has been published in said Long Island Traveler-Watch- man once each week for .......................... ./. ............ weeks successively, commencing on the /~ doy o f ,,..~-,..~ ....... .~..~2 ............................19.......g~. Sworn to before me ~qis / ~ day of ................ ~£.~. ................. , 19......~.Y .meJ a~ so~o~ Southold Town Board of Appeals MAIN RnAD- STATE RnAD 25 5OUTHOLD, L.I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. S · ~. · Q . R .a . SERGE DOYEN, JR. ROBERT.I. DOUGLASS NEGATIVE ENVIRONMENTAL DECLARATION JOSEPH H. SAWICKI Notice of Determination of Non-Significance April 5, 1984 APPEAL NO.: 3118 PROJECT NA~iE: KATHRINE FARR 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 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. TYPE OF ACTION: IX] Type II [ ] Unlisted [ ] DESCRIPTION OF ACTION: Variance for insufficient yard setbacks for a proposed marina office in this C-Light Industrial Zone. LOCATION OF PROJECT: particularly known as: ]000-34-5-2]. Town of Southold, County of Suffolk, more ll00 Manhanset Avenue, Greenp0rt, NY; REASON(S) SUPPORTING THIS DETEPd~INATION: (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 imple- mented as planned; (2) A new and extended bulkhead appears to have been built since certain permits issued by the N.Y.S.D.E.C., U.S. Army Corps of Engineers and the Town Board have been authorized. 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. Southold Town Board of Appeals 1',4AIN ROAD- -qTAT£ ROAD 2.5 SOLITHOLD, L.I., N.Y. '~lcJ"7'1 TELEPHONE (516) 765-1800 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CFIAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH Fi. SAWlCKI March 19, 1984 Stanley S. Corwin, P.C. 634 First Street Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Applications of Kathrine Farr Dear Mr. Corwin: This letter will confirm our conversation today that it appears you have resolved your site plan differences with the Planning Board and they are in the process of forwarding to our office a formal resolution to that effect. It is our understanding that you plan to submit the following documents before April 5th for review and scheduling for public hearings to be held in May: (1) three copies of the amended application; (2) four copies of the amended site plan. Please keep us advised. Yours very truly, a Kowal/ski cc: Planning Board Building Department SLaY · Southold, N.Y. 11971 .,HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT OR LOWSKI, Jr. GEORGE RITCIIIE LATHAM, Jr. WILLIAM F. MULLEN, Stanley Corwin, Esq. 634 First Street Greenport, New York 11944 TELEPHONE 765-1938 December 9, 1983 RE: Kathrine Farr - Site Plan Dear Mr. Corwin: The following action was taken by the Southold Town Planning Board on Monday, December 5, 1983: WHEREAS, a letter was received by the Planning Board dated October 26, 1983, from Edward F. Hindermann, relative to the Planning Board's request for site plan certification; and WHEREAS, a meeting was held with Stanley Corwin, Esq., attorney for the applicant, who appeared before the Planning Board on November 21, 1983; and WHEREAS, an additional on site inspection of the premises was made by the Planning Board; and NOW, THEREFORE, BE IT RESOLVED, the Resolution of the Planning Board dated July 25, 1983, disapproving the site plan of Kathrine Farr, yacht rental station and office building for a marine brokerage, located at Greenport, because of insufficient area is RESCINDED, and the following Resolution is placed in its stead: RESOLVED, the proposed site plan for Kathrine Farr for premises located on the west side of Manhanset Avenue, Greenport, New York, is granted subject to the following conditions: The Applicant Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a Special Exception pursuant to Section 100-80 of the Southold Town Zoning Code for a limited marina and yacht brokerage business for her property located on the westerly side of Manhanset Avenue, Greenport, New York. Stanley Corwin, Esq. RE: Kathrine Farr - Site Plan -2- December 9, 1983 The Applicant, Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a Variance for insufficient front and rear yard setbacks in order to construct an office building on the premises. After receipt of both the required Special Exception and Variance from the Southold Town Zoning Board of Appeals, the Applicant will sub- mit to the Planning Board a formal site plan showing the following: (a) The location and size of the proposed office building approved by the Zoning Board of Appeals. (b) Suitable parking for seven (7) cars. (c) Docking slips for five (5) boats. (To include boats owned by Applicant). (d) Proposed fencing along Manhanset Avenue and adjoining property to the south. In addition, the Applicant will file with the Planning Board a Declaration of Covenants and Restrictions in a form to be recorded in the Suffolk County Clerk's Office prior to granting approval of the final site plan including the following covenants: (a) No storage of fuel on the premises. (b) No hauling of boats from the premises. (c) No outside storage. (d) No repair of boats outside of chartered boats or boats owned by the Applicant. (e) No more than five (5) boats shall be docked on the property at any one time. (f) Ingress and egress to the property from Manhanset Avenue will be limited to within 30 feet of the southeast corner of the property. (g) No retail sales on the premises. Stanley Corwin, Esq. RE: Kathrine Farr - Site Plan -3- D~ember 9, 1983 (h) No stormwater runoff resulting from the construction of the office building and parking area shall be discharged on to Manhanset Avenue. (±) Compliance with Suffolk County Department of Health Service requirements and standards for boat slips and office building. (j) One (1) year site plan review by the Planning Board. Please forward four (4) copies of the finalized site plan with all of the above items to our office. When the above conditions have been met, the Chairman will endorse approval; two copies will be returned to your office. Very truly yours, SOUTHOLD TOWN PLANNING BOARD cc: Gerard P. Goehringer, Chairman Southold Town Zoning Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J, DOUGLASS JOSEPH H. SAWICKI Southold Town Board of Appeals MAIN Rr'IAD- STATE RI'lAD 25 SrlUTHEiLD, L.I., N.Y. TELEPHONE (516) 765-1809 August 18, 1983 Stanley S. Corwin, P.C. 634 First Street Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Applications of Kathrine Farr Dear Mr. Corwin: With reference to the above matters, please: (1) let us know whether you plan to re-submit amended plans to the Planning Board for their reconsideration, and if so, whether you will be re-submitting the same with our office for processing? (2) provide us with copies of the August 1983 plan prepared by Young & Young which is pending before the Health Department in order that review can be made in a timely manner in the event that plan is approved by the Health Department in the near future. Your reply is awaited in order that we can further process these applications. Yours very truly, GERARD p. GOEHRINGER CHAIRMAN cc: Planning Board By Linda Kowalski Building Department Secretary HENRY E. RAYNOR, Jr., Chairman JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. WILLIAM F. MULLEN, Jr, Southold, N.Y. 1 1971 TELEPHONE 765-1958 July 26, 1983 Mr. Stanley Corwin 634 First Street Greenport New York 11944 Re: Kathrine Farr Site Plan Dear Mr. Corwin: After an on site field inspection and discussion of same at our meeting, July 25, 1983, the following action was taken. RESOLVED that the Southold Town Planning Board disapprove the site plan of Kathrine Farr, yacht rental station and office building for a marine brokerage, located at Greenport, because of insufficient area. Very truly yours, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD cc: By Susan E. Zoning Board of Appeals~ Long, Secretary pg. (8) 7/25/83 Kathrine Farr - The Board inspected this property prior to the meet- ing~ w-~-noted that at time of inspection five cars were parked on the property. Mr. Latham reported there were eight cars there on Sunday. Mr. Mullen stated the required area should be 40,000 square feet. It was the concensus of the Board that the area was extremely undersized. On motion made by Mr. Mullen, seconded by Mr. Orlowski, it was RESOLVED that the Southold Town Planning Board disapprove the site plan of Kathrine Farr, yacht rental station and office building for a marine brokerage, located at Greenport, because of insufficient area. Vote of the Board: Ayes: Raynor, Latham, Mullen, Orlowski, Wall Elizabeth Schweiger - After an on site field inspection of this property, it was noted: (1) Lot number one would contain an existing dwelling. (2) Lot number two would contain a beautiful barn. (3) Lot number three would contain an existing dwelling. (4) The area of each lot proposed is over one acre and less than two acres; present zoning requirements. (5) It appears to be a reasonable proposal and would not pose a problem to the area. It was the concensus of the Board to await a determination with regard to an area variance from the Zoning Board of Appeals prior to pro- ceeding with this application. Katherine Heine at Orient - It was the concensus of the Board to hold this application in abeyance pending correspondence from the applicant explaining the reasons for splitting the property as proposed. STANLEY S. CORWIN, P.C. ATTORNEy AND COUNSELLOR AT LAW July 21, 1983 Mr. Gerard P. Goehringer, Chairman Southold Town Board of Appeals Main Road Southold, New York 11971 Dear Mr. Goehringer Mrs. Farr has asked me to reply in her behalf to your letter of July 5th. You mentioned four incomplete items as the reason for holding the appli- cation in abeyance. 1. Multiple use of the site. Preliminarily I request that the bm rd take into consideration the position of the applicant. She is asking for uses permitted in a particular zoning category enumerated in the statute. Doubtle$s she should expect to be limited to what- ever uses are granted and they, in turn, will necessarily be governed by her request. Mrs. Fart now conducts a yacht brokerage business. At most, it involves a telephone, a notebook, a list of prospects, a list of boats for sale and their lo- cation, some photographs and business records. It is the kind of "business" one could conduct out of an office, a home, a car. Fairwind Yachts, Inc., the corporate entity through which Mrs. Farr and her husband own, charter and rent boats, seeks to use the site for that operation. In specific language, the statute does not cover either operation. The yacht brokerage business could be covered under the "office buildings" or "retail sale of boats" categories; rentals could use as a cover "marinas", "boat servicing" and perhaps other permitted categories. Considering other uses which can be permitted in the zone in question, it is hard to think of two cleaneruses, those that would be least likely to interfere with the health, safety, welfare and morals of the people of the town. With respect to separate site plans: let us suppose that upon the completion of a rental acustomer observes to Mrs. Fart: "I'd like to have a boat like that." Mr. Goehringer 2 July 21, 1983 Mrs. Farr happens to know of just such a boat for sale, mentions it and goes about the "business" of selling. That, of course, could happen anywhere on the site. In the light of such a circumstance any requirement for separate site plans for separate uses is really meaningless. I'm sure you would agree it would be rather absurd for Mrs. Fart to have to say to the customer, "please step over here to talk about sales." She might just as well step into the public highway. Accordingly, your re-consideration of a requirement for separate use site plans is requested. 2. The number of yachts. When your asking of this question was presented to me my immediate reaction was the number of yachts Fairwind owned was of absolutely no concern to the board. Among other reasons are these: (a) the number owned has absolutely nothing to do with use of the site, (b) once the site is, zoned there is no legal requirement that Fairwind be the occupier: another entity might have an entirely different set-up, (c) the applicant's response will become a public record and might well be of more use to a competitor than the board. Fairwind expects to own or charter scores of boats, working out of many ports in many states and foreign countries: to answer your question specifically, Fairwind expects to own or control for charter over the next five years between 20 and 250 boats. Fairwind is simply unable to make any representation as to the length of time it expects to continue an operation at the site in question. The boats range in size from dinghy to upwards of 60 feet. So far as use of the site in question is concerned, the boats will generally range from 26 to 33 feet. In early or late season, or during a bad-weather mid-week, as many as 5 boats might be moored. Ideally, of course, only one would be in for a turn-around at a time, but ideal conditions seldom exist. How long a given vessel might lay over cannot definitely be stated. Ideally, again, it would be overnight, but pragmatically it will depend on weather conditions, business arranged off the site and in other ports. We can only suggest that at no time will there be moored at the site a greater number than can safely be secured. The applicant is very much aware of the limited surface riparian rights available. 3. Outside storage Any indication of outside use is specifically withdrawn. There will be no Mr. Goehringer 3 July 21, 1983 outside storage as a contemplated use. Permission for such use is not sought. 4. Health Department approval. Because of the size of the lot and proximity to tidal water a disapproval of a private sewer disposal system was necessarilt encountered at the lower permit- granting level, where rules prevent the exercise of discretion. The appeal from that level to the appellate review board has not been scheduled, although it is anticipated it will be held on August 5th or 12th. The division head, Herbert W. Davids, P.E., informed me that Riverhead was scheduling hearings subject to 1VIr. Aldo Andreoli, the chairman of the appellate panel, who is stationed in Hauppauge. Mr. Andreoli is presently on vacation. His secretary referred inquiries to Carol Hunsigner, who is Robert Jewell's secretary in Riverhead. Carol referred inquiries to Andreoli. Mr. Jewell is "in the field". These things make "in due course" a rather long time. We are dealing, a you know, with multiple boards and agencies on what is relatively a rather simple application. It is not economically feasible for one to get one complete approval and thenmove to another agency: the mere passage of time is costly. We would appeal to you, therefore, to do as much as you can with the application at this stage. As others act on related applications we will of course advise you promptly. If, for example, lack of Health Department approval is all that is necessary, we would request that you grant permission conditioned on such approval. Very truly yours, ~- ....~,,~ Stanley S. Corwin cc: KF Members of the Beard Southold Town Board of Appeals MAIN ROAD- ~TATE ROAD 25 SOUTHI3LD, L.I., 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. SAWICKI Mrs. Kathrine Farr P.O. Box 568 Greenport, NY 11944 July 5, 1983 Re: Appeals No. 3117 and 3118 Marina, Brokerage Sales, etc. Dear Mrs. Fart: In reviewing your letter received June 27, 1983, please be advised, pursuant to a Special Meeting of the board held June 30th, as follows: Your applications, Appeals No. sidered incomplete and must be held for the following reasons: 3117 and 3118, are con- in abeyance until complete, 1. Your files indicate you are requesting several uses of the property. Site plans depicting those uses in their areas as proposed is required. Please file six copies. 2. Your refusal to provide the information requested by our letter dated June 21, 1983. 3. Your letter received June 27th indicates you are propos- ing outside storage and has not been depicted in your files. 4. Health Department approval has not been received. A copy of same should be filed with-our office upon receipt. Please let us know when you intend to furnish the above. lk trul' Yours very y, . GERARD P. GOEHRINGER C HA I RMAN ~'~Agenda Item for ~DA Chairman ) Building Dept. ----~Planning Eoard ) Applicant or his Agent ) Copy to ) Original for ZBA file %~.~'~omments or Reply Requested Mr. Gerard P. Goehringer Southold Town Board of Appeals Main Road Southold, N.Y. 11971 copies June 24th, 1983 Dear Mr. Goehringer, Thank you very much for your letter concerning our appeals Nos. 3117 and 3118 for Marina and brokerage sales, "C" light industrial district. Upon advice of Counsel we must decline to give an upper limit to size or number of vessels which may be owned by the Company; however, as to mooring or docking of vessels, no more than can be handled and m~naged so as to protect public safety will be on the premises at any given time. As to the length of time the "chartered" boats are docked, there is no set minimum or maximum limit. Finally, we do not anticipate much outside storage of materials, boats and equipment although some may occur incidentally to the normal conduct of such a business. Thank you for your consideration of our application. If you have further questions, please let us know., CO.' Cordially yours, Kathrine Farr Stanley Corwin, Attny, FirSt Street Greenpor~, NY 11944 Southold Town Board o£ Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 21, 1983 Ms. Kathrine Farr P.O. Box 568 Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Marina and Brokerage Sales "C-Light District Dear Ms. Farr: This letter will acknowledge that the board is in receipt of the requested site plan prepared by Young & Young March 7, 1983, revised May 23, 1983, and parking plans, which were sub- mitted to our office June 13, 1983. In reviewing the plans at a Special Meeting held June 14, 1983, the board requested that the following additional informa- tion be included in the site plan inasmuch as it appears these are or may be part of the proposed use(s) of this property: 1. The size and number of boats to be chartered; 2. The size and number of boats to be moored or docked; 3. The period'of time the "chartered" boats will be docked; 4. Is any outside storage of materials, boats or equipment anticipated on the premises? Please keep us advised regarding developments with the Planning Board. lk Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI CHAIRMAN June 27, 1983 Ms. Kathrine Farr P.O. Box 568 Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Marina, Brokerage Sales, New Construction Manhasset Avenue, Greenport Dear Mrs. Farr: Please let this confirm our telephone conversation this morning, as follows: (a) Upon receipt of your approvals of the Health Department Services, copies will be forwarded to our office; (b) It is your understanding that the Southold Town Planning Board has scheduled the site plan in this matter ~for their July 11, 1983 meeting for "presubmission conference." Upon receipt of your letter which you state is in reply to our June 21, 1983 letter, copies will be provided for each zoning board member. Please keep us 'advised regarding developments. Yours very truly, Linda Kowalski, Secretary Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 21, 1983 Ms. Kathrine Farr P.O. Box 568 Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Marina and Brokerage Sales "C-Light" District Dear Ms. Farr: This letter will acknowledge that the board is in receipt of the requested site plan prepared by Young & Young March 7, 1983, revised May 23, 1983, and parking plans, which were sub- mitted to our office June 13, 1983. In reviewing the plans at a Special Meeting held June 14, 1983, the board requested that the following add%tional informa- tion be included in the site plan inasmuch as it appears these are or may be part of the proposed use(s) of this property: 1. The size and number of boats to be chartered; 2. The size and number of boats to be moored or docked; 3. The period'of time the "chartered" boats will be docked; 4. Is any outside storage of materials, boats or equipment anticipated on the premises? Please keep us advised regarding developments with the Planning Board. lk Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals APPEALS 80ARD MEMI~ERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June 21, 1983 Ms. Kathrine Farr P.O. Box 568 Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Marina and Brokerage Sales "C-Light" District Dear Ms. Farr: This letter will acknowledge that the board is in receipt of the requested site plan prepared by Young & Young March 7, 1983, revised May 23, 1983, and parking plans, which were sub- mitted to our office June 13, 1983. In reviewing the plans at a Special Meeting held June 14, 1983, the board requested that the following additional informa- tion be included in the site plan inasmuch as it appears these are or may be part of the proposed use(s) of this property: 1. The size and number of boats to be chartered; 2. The size and number of boats to be moored or docked; 3. The period of time the "chartered" boats will be docked; 4. Is any outside storage of materials, boats or equipment anticipated on the premises? Please keep us advised regarding developments with the Planning Board. lk Yours very truly, GERARD P. GOEHRINGER CHAIRMAN Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H. SAWlCKI April 29, 1983 Ms. Kathrine Farr P.O. Box 568 Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Marina and Brokerage Sales Request "C-Light" District Dear Ms. Farr: Please be advised that the following actions were taken by the board at our Regular Meeting held Wednesday, April 20, 1983 concerning your recent applications: 3117 lng: RESOLVED, and 3118, that the matters of KATHRINE FARR in Appeals No. be held in abeyance pending receipt of the follow- (1) six copies of a site plan accurately drawn to scale and certified by a licensed engineer or surveyor, including all proposed parking at 350 square feet per parking stall as required by Article XI, Section 100-112C and Article XIII in its entirety; (2) written comments, recommendations or approval by the Southold Town Planning Board concerning this site plan. Please let us know when the Planning Board has acted upon your proposals. If you have any questions, please don't hesitate to call. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski, Secretary lk cc: Planning Board Building Department JUDITll T. TERRY TOWN CLERK REGISTRAROI VirAl SI\IISlICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 TELEPHONE (516) 765-1801 April 14, 1983 To: Southold Town Zoning Board of Appeals From: Judith T. Terry, Southold Town Clerk Transmitted herewith is Zoning Appeal No. 3118 application of Katherine Farr for a variance. Also included is notification to adjacent property owners; Short Environmental Assessment Form; Letter relative to N.Y.S. Tidal Wetlands Land-Use; Notice of Disapproval from the Building Department; and survey. Southold Tom Clerk APR 1 4 ]993 TOWN OF SOUTHOLD, NEW' YORK Tm ClerkA P~no~ FROM DECISION OF BUILDING INSPECTOR APPEAL NO. k~ // DATE 4 /14/83 TO THE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y. 1, (We) ......... ~ ~.~,h~.~, ~ ~...~'~1~ r ........................ of ........ ~.7220.. ~a.tn.._RaaS. ............................... Nome of Appellant Street and Number Orient NY ............................ HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO ..................................... DATED ..... ..7./..1..6../..8..2. ................................ WHEREBY THE BUILDING INSPECTOR DENIED TO mallin'- add~ar~e~ of~Appli~c,g~nt f..or permit ~ / ~ox ~o~ ~reenport, NY o~ (home ~.~.~A~.)...3.~.~g...~in..~oad,....0~le~t,...N.Y ......................................... Street and Number Municipality State ( ) PERMIT TO USE (X) PERMIT FOR OCCUPANCY (X) Proposed use of existing parcel as premises for marina and Street Use District on Zoning Map ....... ............ ............ 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.) Art. VIII SEC 100-30 B(q)(14) Art VIII See 100-81 Bulk Schedule TYPE OF APPEAL Appeal is made herewith for A VARIANCE to the Zoning Ordinance or Zoning Map A VARIANCE due to lack of access (State of New York Town Law Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been mode with respect to this decision of the Building Inspectar or with respect to this property. Such appeal was ( ) request ~or a special permit ( ) request for a variance and was made in Appeal No ................................. Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 (X) A Variance to the Zoning Ordinance (X) We request permission to use property as a marina for docking is requ~d~°~$~s$~t~1 types of boats;&for yacht brokerage. Proposed use of premises for Marina & brokerage requires special ezception from Zoning Board of Appeals & Stie plan approval from Planning Board Art. VIII Sec 100-80 B (9) (14) Proposed building does not meet required front & rear yards required for "C" Dist. Art. VIII Sec lO0-Sl Bulk Schedule ~orm Z~! (Continue on other side) REASON FOR APPEAL Continued 1. STRICT APPLICATION aP THE ORDINANCE would produce practical difficulties or unneces- sary HARDSHIP because We cannot make any legal use of property because of size of lot. Property is an existing parcel. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in this use district because parcels in the vicinity are of Sufficient size to permit erection of buildings. 3 The Vc~riance would observe the spirit of the Ordinance and WOULD NOT CHANGE THE CHARACTER OF THE DISTRICT because proposed use would be in conformity with adjacent uses. STATEOF NEWYORK ) ~~ ...~....~ COUNTY OF~~g£°~l*-'' ) /' Signature Sworn to, this .............................................. day of ....................................... 19 ~ MARy SESS L,~ FRENh.CRE NOTARy PUBLIC, Slate 0¢ New York t~. 4690fq$ Commie:ica Explre~ Ma~h 20, 19 BOARD OF APPEALS, TOWN OF SOUTHOLD In the Matter of the Petition of : Kathrine Fart : to the Board of Appeals of the Town of Southold : TO:. Patricia Kohl & Others Manhanset Avenue, Greenport, NY 11944 NOTICE 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) (Special Exception) (Special Permit) (the following relief: ). 2. That the property which is the subject of the Petition is located adiacent to your property and is des- C~bed as follows: ll00 Manhanset Ave., Greenport That the property which is the subject of such Petition is located in the following zoning district: "C" light industrial 4. That by such Petition, the undersigned will request the following relief: Permission to have a Marina by special exception Permission to have brokerage by special exception Proposed building does not meet required front & rear yards 5. That the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedare: ART VIII SEC 1Oo-80 B (9) (1~) & A~ VTTT M~ ]Oh-R] ~11~ g~lqaa. 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. 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 ~ight to appear and be heard at such hearing. Dated:, 4/14/83 Kathrine Farr Petitioner Post Office Address Box ~68 Gr~.e~Dort NY I]q~ NAME PROOF OF MAILING OF NOTICF ADDRESS Patricia Kohl & Others Manhanset Avenue, Greenport NY 11944 P ' 7'0 194 540 RECEIPT FOR CERT EnL'I'~'MAIL ~NCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL STATE OF NEW YORK ) COUNTY OF SUFFOLK) SS,: ~2-"'~' ~ ~// , being duly sworn, deposes and says that on the / ~ day of .~..~_~_ ' ,19 ~'~ , deponent mailed a true copy of the.Noticeset forth on the re- verse side ~ereof, 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 sa d 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 ~7~7'~-~-~-~/ / /C/ L.? ; that said Notices were mailed to each of said persons by (certified) (registered) mail. Sworn to befo/rF.me this day of (.~ ,19 Notary Public THERESA E. HARMAN N~aty Public, State of New Yo~ No. 52-4666677 Cam Quellf~d in Suffolk County ml~ Explte~ Mm'oh aO, SHORT ENVIRONNtENTAL'ASSESSIJENT FORI4 ./ iNStRUCT'IONS: ~ --~o) I~ order to answer the questions in this short EAF i~ is assumed ~ tho{ the preparer will use. currently available information concerning the project and the likely impacts of the action. It is not expected that. additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and o completed Environmental Assessment Form is necessary. (c) If all questions hove been answered No it is likely that this project is not significant. . (d) Environmental Assessment 1. Will project result in o large physical change ~o the project site or physically alter more ~hon 10 acres of land? ............. Yes_~ No 2. %';ill there be o major change to any unzque or -unusual land form found on ~he si~e? .......... Yes.~ No 3. %~ill projec~ alter or have a large' effec~ on Y~s ~ existing body of water? ............... : ....... 4. Will project have a poten~iolly large zmpoct Yes on rouncJ;¥oter quality? ....................... o g - 5. Will project significantly effect drainage ' Yes. NQ flow on adjacen~ sites? ....................... ,' ,. 6. ~ill projec~ affect any threatened or endangered plant or animal species? ........... Yes ~ No 7. %'/ill projecl result in o major adverse effec~ on air quality? .............. ' ........... Yes No . 8. %'/ill project hove o major effect on visual character of the community or scenic views or ¥1stos known to:be important to the community?. Yes.~.No ~. ¥~ill project adversely impact any site or .' structure of historic, prehistoric or paleontological importance or any site . designated os o critical environmental oreo 1 1 y? ..... : ..........~ Yes ~ No by o oco ogenc ............ '-~ .......... · , 10. Will project have o major effect on existing or future recreational opportunities? ......... Yes.~ No 11. Will project result in.major traffic problems o~ cause o major effect to existing ~N ' ~ronsportation systems? ....................... Yes o 12. Will project .regularly cause objectionable odors, noise, glare, vibration, or electrical disturbance as o result of the project's tlon? ' · Yes ~ No opera' 13. Will project have any impact on public health or.sofe~y? .................................... Yes+No 14. Will projec~ affect the existing community by directly causing a growth in permanent population of more than 5 percegt over a one year period o~r hove o major negative effec~ on the character of the community or neighborhood? ................................. Yes ~ No ' 15. Is there public controversy concernxng e ~N roject? ...................................... , Yes o p - PREPARER'S SIGNATURE To: Southold Town Board of Appeals '· Main Road Southold, NY 11971 Re: Appeal Application of Kathrine Far~ Location of PropertY:l!OoManha~set Ave.~ G~e~n~ NY 319~L County tax map ~1000 section OB~ block 05 lnt ~n. 02] Dear Sirs: In reference to the New York State Tidal Wetlands Land-Use Regulations, 6 NYCRR, Part 661, and Article 25 of the New York State Environmental Conservation Law, please be advised that the subject property i~ the within appeal application: (please check one box) [ X] May be located within 300 feet of tidal wetiands; ho~ever, constructed along the water-lying edge of this property is a bulkhead in very good condition and at least 100 feet in length.* [ ] May b~ ·located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead in need of (minor) (major) repairs, and approximately feet in length. [ ] [ ] May be located within 300 feet of tidal wetlands; however, constructed along the water-lying edge of this property is a bulkhead less than 100 feet in length. May be located within 300 feet of tidal wetlands; and there is no bulkhead or concrete wall existing ~on the premises. Is not located within 300 feet of tidal wetlands to the best of my knowledge.* [Starred items (*) indicate your property does not appear to fall within the jurisdiction of the N.Y.S.D.E.C.] Sincerely yours, ('Signature please) F~:oLI( COU~'[~ Service AgenCY property ~ · ,~ ~ND.O. 0 O0 o o o. J II o it FA~ ..I 000 o~_0 oo NOTE: I. AREA TOTiE LiNEs = 3~780 SQ. FT, 2. SUFE CO. TAx MAp= DIST. SECT. BLK. LOT I000 0:34 05 ~$q°57' /( AVENUE .EV,$,ONS YOUNG & YOUNG M~L'-/"Z'~',Ic~'~ 400 OSTRANDER AVENUE, RIVERHEAD, ALDEN W. YOUNG 5ITP_- pLAId F'oP- KATHRINE FARR AT GU OWN OF -- ~ T SOUTHOLD '~ ~ SUFFOLK C0., N.Y. .~ s~ ~~~MAR. 7,~198~ NEW YORK HOWARD W. YOUNG NOTE: AREA TO TI~E LINES = 5,?80 SQ. FT. SUFF. CO. TAX MAP- DIST. SECT. SLX LOT I000 054 05 021 TOP'. YOUNG & YOUNG 400 OSTRANDER AVENUE, RIVERHEAD, NEW YORK 51TP__.. FLAIl FOE KATHRINE FARR AT GREENPORT TOWN OF SOUTHOLD SU'FFOLK CO., N.Y. MAR. 7, 1983