Loading...
HomeMy WebLinkAbout2956E.O.W. West Side Shipyard Lane, E.M.~4/2Q/8~ CA-construct I8 dwelling units in 2 bld~s. with accy. garages on premises zoned "M-I G M ' " . anmral ul~ple~ and located on a pvt Southold Town Board of Appeals IdAIN RClAD- BTATE RI]AD 2.5 SDUTHnLD, L,I., N.Y, 11971 TELEPHONE (516) 765-1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 2956 Application 'Dated February 26, 1982 (Public Hearing held 4/20/83) TO: Mr. David E. Kapell, as agent for [Appellant(s)] PARKSIDE HEIGHTS CO. (a/k/a GARDINERS BAY CONDOMINIUMS) 400 Front Street Greenport, NY 11944 At a Meeting of the above on your the Zoning Board of Appeals held on April 27, 1983 appeal was considered, and the action indicated below was taken [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for Special Exception under the Zoning Ordinance Article , Section [X] Request for Variance to the Zoning Ordinance Article V , Section 100-50 [ ] Request for The public hearing concerning this application was held on April 20, 1983. Upon application for P~LRKSIDE HEIGHTS CO., by David E. Kapell as agent, 400 Front Street, Greenport, NY for a Special Exception to the Zoning Ordinance, Article V, Section 100-50 to construct 18 dwelling units in two buildings with accessory garages on premises zoned "M-t General Multiple" and located on a private right-of-way off the west side of Shipyard Lane, East Marion, NY; Minor Subdivision of E. Kon- tokosta, Subdivision Lot 3, Map 171; 1000-038-07-004.2. The board made the following findings and determination: This is an application for a Special Exception pursuant to Article V, Section 100-50(B) of the Southold Town Zoning Code to construct 18 condominium (multiple-dwelling) units and four accessory garage struc- tures on a 3.983-acre parcel located on an access road at the west side of Shipyard Lane, East Marion, and more particularly known as District 1000, Section 038, Block 07, Lot 004.2. Each condominium unit will have a total living area of 986 square feet; 850 square feet is the minimum required. The lot area applied to each dwelling unit will be a minimum of 9,000 square feet. Applicant proposes 9 dwelling units in each of two separate structures. The maximum height requirement of 35' and all other zoning requirements will be adhered. Twenty-six open-parking spaces are proposed plus 18 garage spaces. The premises in question is zoned "M-1 Multiple Residence" and is not at this time improved. The subject premises has a frontage along Gardiners Bay of 300 feet (at a tie line). The ar~a"of unimproved land is 2.9 acres. The premises in question is also located in an A-7 (El. 10') Flood Zone, and compliance will be met with the Flood Plain Management Law. In considering this appeal, the board determines: (1) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) that the use will not prevent the orderly and reasonable use of permitted or legally established uses in the district wherein the proposed use is to be located, or of permitted or legally established uses in (CONTINUED ON PAGE TWO) DATED: May 11, 1983 Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 2956 Matter of PARKSIDE HEIGHTS CO.]GARDINERS Decision Rendered April 27, 1983 BAY CONDOS.) a~ja~ent~use dlstricts~a F~(3)that the safety, health, welfare, com- fort, convenience or order of the town will not be adversely affected by the proposed use and its location; and (4) that the use will be in harmony with and promote the general purposes and intent of this chapter and the master plan. On motion by Mr. Douglass, seconded by Mr. Sawicki, it was RESOLVED, that Appeal NO. 2956, application for PARKSIDE HEIGHTS CO. (also known as GARDINERS BAY CONDOMINIUMS) for a Special Exception to construct 18 condominium units in two separate buildings and four accessory garage structures, BE AND HEREBY IS APPROVED SUBJECT TO THE FOLLOWING CONDITIONS: 1. County Health Department requirements; 2. N.Y.S. Department of Environmental Conservation requirements; 3. Planning Board approval of the amended site plan; 4. Referral to the Suffolk County Department of Planning pursuant to Sections 1323, et seq. of the Suffolk County Charter; 5. No application of Appeals, reduction or change in lot area or lot lines except by to and approval by the Southold Town Planning Board, Board and any other agencies having.purview therefor; 6. No construction within 275' of ordinary high water; 7. No storm water run-off resulting from development or improve- ments to be discharged into Gardiners Bay; 8. No loudspeakers or other noise-making devices may be per- mitted which would disturb the neighborhood. 9. No sanitary disposal facility shall be constructed or installed within 275' of ordinary high water, and shall be constructed or installed under the authorization of the County Health Department. Location of Property: R-O-W off the west side of Shipyard Lane, East Marion, NY; Lot No. 3 of Minor Subdivision of E. Kontokosta, Map #171; County Tax Map Parcel No. 1000-038-07-004.2. Vote of the Board: Ayes: Messrs. Goehringer, Doyen, Douglass and Sawicki. (Member Grigonis was absent due to illness.) This resolution was unanimously adopted. %ECEIVED AND FILED BY souT o Southold Town Board o£ Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWtCKI NOTICE IS HEREBY GIVEN, the following will be held for public hearing (in addition to those simultaneously published herewith) by the Southold Town Board of Appeals at a Regular Meeting to be held on WEDNESDAYr APRIL 20, 1983: 8:30 p.m. Application for PARKSIDE HEIGHTS CO., by David E. Kapell as agent, 400 Front Street, Greenport, NY for a Special Excep- tion to the Zoning Ordinance, Article V, Section 100-50 to construct 18 dwelling units in two buildings with accessory garages on premises zoned "M-1 General Multiple"and located on a private right-of-way off the west side of Shipyard Lane, East Marion, NY; Minor Subdivision of E. Kontokosta, Subdivision Lot 3, Map 171; 1000-038-07-004.2. DATED: April 8, 1983. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN Instructions to newspapers: For publication Thursday, April 14, 1983. Please forward one affidavit of publication. Copies to the following Tuesday, April 12, 1983: Mr. David E. Kapell as agent, 400 Front Street, Greenport, Suffolk Times ~ Personal Deliveries L.I. Traveler Watchman NY 11944 Town Clerk Bulletin Board FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL File No ................................ q3~ ~Y~$T W.Y 7'AI~l(~tb£ ~tEt~t~_~ co. .................. / ......... /" Le'-rm~< dA~/ ;ZT., i9.6'...o~. PLEASE TAKE NOTICE that your ai~lica:ion dated ......................... for pe~it to construct..~T~.~ . . P.!~ ~ ~ ~ .~.~. ........................ at Location of Property 'd~s~o] ' County Tax Map No. 1000 Section 38 Block ..... 7. ...Lot .~'~ , Subdivision is returned herewith and disapproved on the following grounds.. ...... ~.~...<..9.../..~. ~.. Building Inspector RV 1/80 TOWN OF 8OUTHOLD~ NEW YORK APPLICATION FOR SPECIAL EXCEP'rlON TO TH~ ZQN!NG' BOARD ~F ApPEALS SQUTHOLD N.Y. (we) ..P. ar.k.s,ide..,.He.i,g,h.ts....C.o .......................... o~ i3-.West,,,.5i,t.h..,.S.t.r.e,e.t ..................................... Name Street and Number New York New York 10019 Municipality State hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE V/-~ . __SECTION 100-50 THE SPECIAL EXCEPTION IS REQUESTED BECAUSE construct twenty (~) residential units under condominium mode To of ownership and with private garages as accessory use thereto. Parkside Heights Co, Petitioner STATE OF NEW YORK) '.t ..................... ....................................... - -~ ~avid E. Kape/i, as agent Sworntoth~,,,,,~,,~,~~e,r,, 19..~~ N~hc~ FREDERICK J. TE~E$CHI NOTARY pUBliC, Quali~ FORM ZB2 COUNTY OF SUFFOLK DEPARTMENT OF PLANNING (516) 360-5513 LEE E. KOPPELMAN OIRECTOR OF PLANNING Town of Southold Board of Appeals July 29, 1983 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 determination. A decision of local determination should not be construed as either an approval or a disapproval. Applicant Municipal File Number Parkside Heights Co. North Fork Bank & Trust Company East End Supply Co., Inc. Cutchogue Free Library Doug & Karin Constant 2956 3029 3080 3111 3112 3141 GGN:jk Very truly yours, Lee E. Koppelman Director of Planning ./i il Gerald G. Newman Chief Planner Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 BDUTHOLD, L.I., N.Y. 11971 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 V , Section 100-50 Variance from Determination of Southold Town Building Inspector -- Special Exception, Article , Section ~ Special Permit Appeal No.: 2956 Applicant: PARKSIDE HEIGHTS CO. Location of Affected Land: R.O.W. off west side of Shipyard County Tax Map Item No.: 1000-038-07-004.2. Within 500 feet of: xx Lane, E.M. __ Town or Village Boundary Line -- Body of Water (Bay, Sound or Estuary) Gardiners __ State or County Road, Parkway, Highway, Thruway __Boundary of Existing or Proposed County, Owned Land __ Boundary of Existing or Proposed County, 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, Bay State or Federally- State or Federal Park or Within One Mile of a Nuclear Power Plant __Within One Mile of An Airport. was granted COMMENTS: Applicant ~x~~ permission to construct 18 dwelling units in two buildings with accessory garages on premises zoned "m-1 General Multiple" Copies of Town file and related documents enclosed herewith for your review. Dated: July~, 1983 ~~a ~' ~/~//~ Temp. rd of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .IR. SERGE DOYEN, JR, ROBERT J. DOUGLASS JOSEPH H, SAWlCKI Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD. L.I., N.Y. llg?l TEl FPHONE (516) 765-1809 May 12, 1983 Mr. David E. Kapell 400 Front Street Greenport, NY 11944 Re: Appeal No. 2956 - Parkside Heights Co. Dear Sir or Madam: Attached herewith is a copy of the formal findings and deter- mination recently rendered and filed this date with the Office of the Town Clerk concerning your application. In the event your application has been approved, please be sure to return to the Building Department for approval of any new construc- tion in writing, or for other documents as may be applicable. If you have any questions, please do not hesitate to call either our office (765-1809) or that of the building inspector (765-1802). Yours very truly, Enclosure Copy of Decision to Building Department Planning Board GERARD P. GOEHRINGER CHAIRMAN By Linda F. Kowalski Secretary SOUTHOLD TOWN CONSERVATION ADVISORY COUNCIL Southold, N. Y. 22 March 1983 Mr. Jerry Goehringer Chairman Southold Town Board of Appeals Main Road Southold, NY 11971 Re: Special Exception Application for Parkside Heights Co. Dear Mr. Goehringer: This does not seem to have any environmental problems that the Conservation Advisory Council could act on. Sincerely yours, Frank Cichanowicz Chairman C APPENDIX A EAF ENVIROHMENTAL ASSESSMENT -'PART I Project Infon'nation NOTICE: This docu~nt ~ desi?ned to assist in determining whether the action proposed may have a significant effect on the env~rcnrmnt. Please complete the entire Data Sheet, Answers to these questions will be considered as Bart of the application for approval and may be subject to further verification and public review. Provide any additional info. Clop you believe will be needed to comolete PARTS 2 and 3. it ~s expected rmat comolotion of the EAF will be dependent on information currently available and will not involve new studies, research or investidation, If information reguirinq such additional work is unavai~ble, so indicate and s~ecify each instance, L ;(AME OF PROJECT: NAME AND ADDRESS OF OWNER (If Different) AgDRESS AND NA~tE OF APPLICANT: (Street) (Steer) ~ (State) DESCRIPTION~F P~OJECT~ {Briefly describe type of p~ject or action) (PLEASE COMPLETE EACH QUESTID)( - Indicate N.A. if not applicable) SITE DESCRIPTION (Physical setting of overall project, both developed and undevelooed areas) I. General character of the land: Generally uniform slope ~ Generally uneven and rollin(~ or irreoular 2. Present land use: Urban ____, Industrial .__ , Commercial .__, Suburban ., Rural~ ., Forest __, Agriculture , Other 3. Total acreage of ~roject area:'~.~:~ acres. Aoproximate acreage: Meadow or Brushland Forested ~oricultural '~etland (Freshwater or Tidal as net Articles ?4, 75 or ~.C.L.) Presently After Completion ~.~ acres ~.qacres dater Surface Area acres acres Unvegetated (rock, earth or fill} Roads, buildings and other paved 4. 'J~at ~s "redominant soil t:/oe{s) on nroiect site? Presently After Completion 6. A;~roxinate ~ercentape of proposed project site with slooesf O-IOS~C; lO-19S %; 15~ or greater %. 7. Is project contiguous FO, or contain a buildino or site listed on th~ National Register of Historic Places? .... Yes ~ No ' ' 8. What is the depth to the water table? ~feet g. Do hunting or fishing opportunities presently exist in the project area? .... Yes X NO · . lO. Does project site contaip,,,~ny species of plant or animal life that is identified as threatened or endanqered - Yes ~ Z(o, according to - Identify each species C ll. Are there any unique or un, usual land forms on the project site? (i.e. cliffs, dunes, other geological formations - Yes ~ No. (Describe 12. Is the project site presently used by the con~nunity or neighborhood as an open space or recreation area - Yes 13. Does the present site offer or include scenic views or vistas known to be important to the community? Yes ~ NO 14. Streams within or contiguous to project area: a. Name of stream and name of river to which it is tributary 15. Lakes, Ponds, Wetland areas within or contiguous to project area: a. Name ~'~-'-~,l~ : b.' Size (in acres} 16. What is the dominant land use and zoning classification within a 1/4 mile radius of the project (e.g.  l~eT.~family residential, R-2~'~lnd the ~cale of deveJo~t (e.g. 2 story}. B. PROJECI DESCRIPTION 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned by project sponsor ."~_.~ acres. b. Project acreage developed: I acres initially; ~ acres ultimately. c. Project acreage to remain undeveloped d. Length of project, in miles: ~,A ,(if appropriate) e. If project,is an expansion of existing, indicate percent of expansion proposed: age ~,~'r ; developed acreage Nun~ber of off-street parking spaces existino ; proposed building square foot- Haxi~um vehicular trips generated per hour ~ (upon cempletion of project) If residential: Number and type of housing units: One Family Two Family Multiple Family Initial Ultimate If: Orientation 'lei ghborh~-C~y- Regional Estimated Ernol oyment Cor~nercial Industrial ~A Total height of tallest nroposed structure _~_..fee~. Condomi~d um -2- 2. HOW much natural material (i,e. rock, earth, etc.) will be re~ved from the site - ~ tons ~ cubic yards. 3. How many acres of veqetation (trees. shrubs, ground covers) wilt be removed from site - ~ acres. 4. Will any mature forest (over 100 years old) or other locally-important vegetation be ~n~o~ed by th~s project? Yes ~ Ne 5. Are there any plans for re-vegetation to replace that removed during construction?x' Yes rio 6. If single ohase project: Anticipated period of construction )~7,~months, (including demolition). 7. If multi-~hased oroject: a. ?otal number °f phases anticipated ~N°' ~A~ b. Anticioated date of con~qencement phase ! month year (including demolition) c. Approximate comeletion date final p~ase month year. d, Is phase 1 financially dependent 9n subseouent ehases? __Yes __NO 8. Will blasting occur during construction? Yes ~No g. Number of jobs generated: during construction ~)C); after prpject is completely_.. lO. Number of jobs eliminated by this project ~ ll. Will project require relocation of any projects or facilities? Yes~. No. If yes, explain: 12. a, Is surface or subsurface liquid waste disoosal 'involved? ~ Yes No. b. If yes, indicate type of waste (sewage, industrial, etc.) c, If surface disposal name of stream into which effluent will be discharged 13. Will surface area of existing lakes, ponds, streams, bays or other surface waterways be increased or Oecreased by proposal? Yes ~ No. 14. Is project or any portion of project located in the I00 year flood plain? ~ Yes No 15. a. Does project involve disposal of solid waste? Yes ~No b, tf yes, will an existing solid waste disnosal facility be used? Yes __--No c, If yes, give name: : location d. dill any wastes not go into a sewage disoosal system or into a sanitary landfill? Yes 16, Will project use herbicides or pesticides? Yes ~ No 17. Will project routinely produce odors {more than one hour ~er day)? Yes ~ No 18. Will project produce operating noise exceeding the local ambience noise levels? Yes ~ No 19, Will project result in an increase in energy use? ~ Yes No. If yes, indicate type(s) __ 20. If water supply is From wells indicate pumping capacity 21. Total anticinated water usage per day ~(~.~(~3 gals/day. 22. Zoning: a. I.lhat is dominant zoning classification of site? b. Current specific zoning classification of site gals/minute. d. If no, indicate desired zoninq No 26. Approve)s: a. Is any Federal per,nit required? 'Yes ~'~ No b. Does project involve State or Federal funding or financing? c. Local and Regional approve)s: Approval Required (Yes, No) (Type) ___Yes Submittal Approval (Date) (Date) City, Town, Village Board City, Town, Village Planning Board City, Town, Zoning Board City, County Heal th Department Other local agencies Other regional agencies State Agencies Federal Agencies C. I~FOPJ4ATIONAL DETAILS Attach any additional information as may be needed to clarify your project. If there are or may be any adverse impacts associated with the proposal, ~)lease ~.iscuss such impacts and the measures which can be PREPARER' S SIGNATURE: -4- EAF ENVIRONMENTAL ASSESSMENT - PART II Project Impacts and Their Magnitude General Inf~-~ation <Re~d Carefully) - In completing Ln~ for~ the reviewer should be guided by the question: Have my decisions ~nd determinations been reasonaole? The reviewer is not expected to be an expert environmental analyst. - IdentiCying that am effect will be potentially large (column 2) does not mean that it is al so necessarily sinnificant. Any large effect must be evaluated in PART 3 to determine significance. By identifying an effect in column'2 simply asks that it be looked at further. - The Examples provided are to assist the reviewer by showing types of effects and wherever possible the thresho of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be m~re appropriate for a Potential Large Impact rating. - Each project, on each site, in each locality, will vary. Therefore, the examples have been offered as guidanc They do not constitute an exhaustive list of impacts and thresholds to answer each ouestion. - The number of examples per question does not indicate the importance of each question. INSTRUCTIONS (Read Carefully) a. Answer each of the 18 questions in PART 2. Answer Ye~s if there will be any effect. b. ~axbe answers should be considered as Ye_.~.s answers. If answering Yes to a ouestion then check the appropriate box (column 1 or 2) to indicate the potential size of the impact, if impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold is lower than example, check column 1. d. If reviewer has doubt about the size of the impact ~ben consider the impact as notentially large and proceeq to PART 3. If a potentially large impact or effect can be reduced by a change in the project to a less than large magnitude, place a Yes in column 3. A No response indicates, that such a reduction is not Possible. 1. z. IMPACT ON LAND NO YES Examples that Would AriDly to Column 2 Any construction on slopes of 15% or greater, (15 foot rise her lO0 foot of length), pr where the general sloops in the project area exceed 10%. Construction on Land where the denth to the water table is less than 3 feet. ronstruction of ~aved oarkinq are~ Far 1,~gq or mnre vehicles. Cmnstruction on lan~ where bedrock 4s exQosed or qeneraily within 3 feet of existing grounm surface. Construction tho? ~i}i continue for more than 1 year or involve -5- iSMALL TO POTENTIAL CAN IMPACT BE MODERATE LARGE REDUCED BY IMPACT IMPACT PROJECT CHANGE 1. WILL THERE BE AN EFFECT AS A RESULT OF A PHYSICAL CHANGE TO ~ PROJECT SITE? -- Construction in a designated floodway. -'~ YES WILL THERE 8E AN EFFECT TO ANY UNIQUE OR UNUSUAL LANO FnRMS,w~~ FOUND ON THE SITE? (i.e. cliffs, dunes aeoIoqtca fot~- ~K~ ~ t~o~s, etc. ' ~ v Specific lano foms: !HPACT ON WATER HA YES 3. WILL PROJECT AFFECT ANY WATER BODY DESIGNATED AS ......... .~,""J( A PROTECTED? {Under Articles i5, 54, 25 of the Envir- onmental Conservation Law, E.C.L.) Examoles that Would Aoply to Column 2 -- Dredgina ~0re than lOg cubic yards of ~terial from channel of a protected stream. __ Construction in a designated freshwater or tidal wetland. Other imbacts: Examples that Would Apply to Column 2 -- A )0~ increase or decrease in the surface area of any body of water or more than a lO acre increase or decrease. Construction of a body of water that exceeds Iq acres of surface area. NO YES 5. WILL R~OJECT AFFECT SURFACE OR GROUND'~ATER ~IALITY~ ~ ~ Examoles that !.!ould Apply to Column 2 __ Prn]ect will require a discharge per, it. -- Project requires use of a source of water that does not have approval to serve proposed project. __ Project requires water supply from we)Is with greater than 45 Oa)lons per minute ~um~ ng capacity. Construction or ooeration causing any contamination of a public water supply system. -- Project will adversely affect groundwater. -- Liquid effluent will be conveyed off the site to facilities which present)y do not exist or have ~nadequate capacity. __ Project reouir~n§ a facility that would use water in excess of 20,~00 gallons per day. -- Prolect w~l) like~! cause siltation or o~her discharge (nto an e~isting b:~y of water to the extent that there S!~ALL TQ IpOTENTIAL CAN I!IPACT BE ~nOEFIATE LARGE REDUCED BY IMPACT IMPACT PROJECT CHANGE C C L :VILL PROJECT ALTER DRAINAGE FLO~, PATTE~TIS OR SHRF~CE !lATER NO YES Examnle that Uould 3~ply to Colur~ 2 Project would imQede flood water flows. PrO leCt is likely to cause substantial erosion. Project is incompatible with existing drainage patterns. Other imnacts: IMPACT ON AIR I;ILL PROJECT AFFECT AIR QUALITY ........................... Fxamotes that Hould Apply-to Colunn 2 YES Project will induce 1,~00 or n~)re vehicle trips in any given hour. Project wi)l result in the incineration of ~re than 1 ton of refuse per hour. Project emission rate of all contaminants will exc*ed $ lbs. ocr hour or a heat souPce nroducing ~re than lO million BTU's per hour. IMPACT ~ PLANTS AND ANIMALS 8. WILL PROJECT AFFECT ANY THREATENED OR ENDANGERED SPECIES? Examples that Would Apoly to Colum~ 2 Reduction of one or ~ore species listed on the New York or Federal list, using the site, over or near site or found on the site, Re~val of any oortion of a critical or sionificant wild- ADnlicatinn of Pesticide or he~Oicidu over more than NO YES 'HLL PDOJECT SUBSTAIITIALLY AFFECT )~ON-THREATE;~ED OR E!IDANF, EeED SPECIES? ..................................... Examo)e that Would Apply to Colu~m ~ NO YES Srt~LL TO POTEMTIAL ; CAN IIIPACT BE ~DE~.ATE LARGE REDUCED DY IHPACT P'PACT PROJECT CHANGE -7- Exmmnles t~at L~ould Apply to Column 2 ~n ~ncom~atible visual affect caused by the introduction of new materials, colors and/or forms in contrast to the surroundimo landscape. & oroject easil,/ visible, not easily screened, tHat is obviously different from nthers around it. Project will resu)t in the elimination or major screening of scenic views or vistas knoYm to be imoortant to the area· Other impacts: IMPACT ON HISTORIC RESOURCES )l. WILL PROJECT I)~PACT ANY SITE OR STRUCTURE OF HISTORIC, PRE-UISTn~IC nR PALEOD(TOOIC~L IP?OPTANCE? .' .. Examo)es that Would Aoolv to Column 2 Pro iect occurino wholly or martially within or contiguous to any Facility or site listed on the National Re~ister of historic blaces. Any impact to an archeological site or fossil bed located within the project site. Other impacts: I~PACT ON OPEN SPACE & RECREATIOtl 12. WILL THE PRAJECT AFFECT THE OUANTITY OR QUALITY OP EXISTING NO OR FUTURE OPEN SPACES OR RECREATIONAL OPPORTUiIITIES? ...... Examples that Hould Aoply to Column 2 -- The permanent foreclosure of a future recreational oooortunit¥. -- A major reduction of an open space important to the co.unity. __ Other imeact$: IqPA£T nN TPJ~NSPORTATION t'ItL THERE BE AN EFFECT TO EXISTING TRANSPORTATION SYST?S? ..................... ~ ......................... Examoles that Would Ann)v to Column 2 Altera%ion of present patterns of movement of neople and/or goods. Project will result in severe traffic oroblems. NO Other lmpact$: SMALL TQ OOTEI!TIAL CA:~ I,~!PACT BE qODERATE LARGE REDUCED I~PACT I'~F'ACT PRF)JECT CHANGE YES YES -8. 14. 15. IMPACT ON ENERGY UILL PROJECT mFFECT THE COMMUNITIES SOURCES OF FUEL OR NO YES ENEROY SUPPLY? .......................................... .~ ~,~,~ Examoles that WouldPpply to Column 2 Project causing oreater than 5% increase in any form of energy used in municipality. Project requiring the creation or extension of an energy transmission or supply system to serve more than 50 sinqIe or two family residences. Other impacts: IMPACT ON N~ISE WILL THERE BE OBJECTIONABLE ODORS, NOISE, GLARE, VIBRATION NO YES or ELECTRICAL DISTURBANCE AS A RESULT OF THIS PROJECT? Examoles that t~ould Aooly to Column 2 Blasting within 1,5DO feet of a hospital, school or other sensitive facility. Odors will occur routinely (more than one hour per day). Project will nroduce ooerating noise exceedino the local ambient noise levels for noise outside of structures. Project will remove natural barriers that would act as a noise screen. Other impacts: !MPACT O)I HEALTH & HAT~ARD~ 16. UILL PROJECT AFFECT PUBLIC IIEALTM AND SAFETY? .......... Examoles that Would Apply to Column 2 NO YFS Project will cause a risk of exalosion or release of hazardous substances {i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there will he a chronic low level discharge or emission. ProJect that will result in the burial of "hazardous wastes" {i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc., includino wastes that are solid, semi-solid, liquid or contain gases.) Storaoe facilities for one million or more dal)nns of )iouified natural gas or other liouids. SMALL TO POTENTIAL CAN IMPACT BE MODERATE LARGE REDUCED BY IMPACT I~tPACT PROJECT CHANGE -9- 17. IMPACT ON G~OWTH AND CHARACTER OF COHttUNITY OR NEIGHRilPu09~ E WILL PROJECT AFFECT THE CHAPACTER nF THE EXISTING NO YES COHMUNITY? ............................................... ,~0 Examole that ~'ould Apoly to Column 2 The population of the City, Town or Village in which the project is located is likely to grow by more than 5% o~ resident human population. The municipal budgets for capital expenditures or odera- ting services will increase by more than 5% per year as a result of this project. Will involve any oermanent facility of a non-agricultural use in an agricultural district or remove nrime agricultural lands from cultivation. The project will replace or eliminate existing facilities, structures or areas of historic importance to the community. Development will induce an influx of a particular age group with special needs. Project will set an important precedent for future proiects. Project will relocate 15 or more emnloyees in one or more businesses. StIALL T .... TEUTIAL CAN IMPACT 8E MOOERAJE~ ~' LARGE REDUCED BY Il!PACT I~IPACT PROJECT CHANGE NO YES Other imoacts: 18. IS THERE PUBLIC CONTROVERSY CONCERNING THE PROJECT? Examoles that Would Apply to Column 2 __ Either government or citizens of adjacent communities have expressed ooposition or rejected the project or have not been contacted. __ Obiections to the nroject from within the community. IIF ANY ACTION IE PART 2 IS IDENTIFIED AS A POTENTIAL LARGE IMPACT OR IF YOU CANNOT DETE~IN: THE MAGNIllJDE OF IMPACT, PROCEED TO PART 3. PORTIONS OF EAF COMPLETED FOR THIS PROJECT: DETERMINATION PART I PART .II PART 3 Upon review of the information recorded on this EAF (Parts l, 2 and 3) and considerinq both the magnitude and imnortance of each impact, it is reasonably determined that: The project will result in no major impacts and, therefore, is one which may not cause significant damaoe to the environment. Although the project could have a significant effect on the environment, there will not be a significant effect in this case because the mitigation measures described in PART 3 have been included as part of the nroposed project. PREPARE A NEAATIVE DECLARATION -0 PREPARE A NEGATIVE DECLARATION The project will result in one or ~ore major adverse impacts PREPARE POSITIVE DECLARATION PROCEED WITH EIS thethat environment, cannot be reduced~ ~l~nd may cause~ significant damage to ~ 0 ~at~of Prenarer~ ~(~(if ~-di ffe~n~ frc~n'C ~/~=~-~res~ons ible , ~ 4~_offic~IL- Signature of R~sponsibleAgencvOfficial in Lead Sig~Fe ~r~nt or type na~e of responsible official in Lead Agency .(' E~ ErIVIROr;MENTAL ASSESS)lENT - PART III EVALUATIO~I OF THE I)~PORTANCE OF IMPACTS INFOR~ATI~N Part 3 is prepared if one or more impact or effect is considered to be potentially laree. - The amount of writing necessary to answer Part 3 may be determined by answering the question: In briefly completing the instructions below have I placed in this record sufficient information to indicate the reasonableness of my decisions? INSTRUCTIONS Complete the following for each impact or effect identified in Column 2 of Part 2: l. Briefly describe the impact. 2. Describe (if apolicable) how the impact might be mitigated or reduced to a less than large impact by a pro- ject cqange. 3. Based on the information available, decide if it is reasonable to conclude that this impact is important to the minicipality {city, town ar village) in which the project is located. To answer the question of importance, consider: - The probability of the impact or effect occurring The duration of the impact or effect Its ir~versibility, including permanently lost resources or values Uhether the impact or effect can be controlled The regional consequence of the impact or effect Its potential divergence from local needs and goals Whether known objections to the project apply to this impact or effect. DETERMINATION OF SIGDIIFICA~ICE An action is considered to be significant if: Ape {or F~ore) imoact is determined to both larne and its (their) consequence, based on the review above, is important. PART III STATEMENTS Continue on Attachments, as needed) -ll- Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, L.I., N.Y. llg?l TEl FPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT .I. DOUGLASS JOSEPH H. SAWICKI INTER-OFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: Southold Town Conservation Advisory Council Jerry Goehringer, Chairman February 14, 1983 Special Exception Application for Parkside Heights Co. Concerning the application of Parkside Heights Co. (also referred to as Gardiners Bay Condominiums) pending before this board, your review of this proposed project and written comments would be appreciated. A copy of the Environmental Assessment Form is enclosed. The application proposed is for 18 dwelling units within two separate buildings on 3.983 acres, zone: M-1 General Multiple Residence, to be located on the site westerly of the condominiums known as "Cleaves Point Village." Applicant has received approval f~om the N.Y.S. Department of Environmental Conservation and approval from the Suffolk County Department of Health Services (Ref. No. EM-8A 11/29/82), copies of which are enclosed. Also, please be aware that access to the site is by a 50' road 340 feet off the west side of Shipyard Lane. We await your reply. Enclosures: Site Plan of 11/17/82 Env. Asses,.'Long Form. D.E.C. & P.B. approvals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR, SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI Southold Town Board of Appeals MAIN ROAD-STATE ROAD 25 SDUTHOLD, L.l.. N.Y, 11971 TELEPHONE (516) 765-1809 January 31, 1983 HAND DELIVERY Mr. David E. Kapell 400 Front Street Greenport, NY 11944 Re: Appeal No. 2956 - Parkside Heights Co. Dear Dave: Please be advised that at a Special Meeting held on Saturday, January 29th, the board members reviewed the documentation recently submitted to our office from the N.Y.S.D.E.C. and County Health Department. Inasmuch as the agencies involved did not opt to coor- dinate review, we are required to follow the procedures of the Environmental Quality Review Act. The following actions were taken: (1) the board determined lead agency status; (2) the board determined this project to be an "Unlisted Action" and requested that a Long Environmental Assessment Form be completed and filed as soon as possible in order that an Environmental Declaration may be made. Enclosed is a copy of the Long Environmental Assessment Form. If possible, please file same before our next Regular Meeting, which is scheduled for Friday, February 4th. Yours very truly, GOEHRINGER GERARD P. lk CHAIRMAN Enclosure DAVID E. KAPELL 400 Front Street Greenport, New York 11944 516-477-9403 REAL ESTATE ENTERPRISES CONSULTING SERVICES January 20, 1983 Hr. Oera~l Goehrinser. Chlt.~man Southeld To~m Board of Appeals N~c~n Road Sou~hold, New York 11971 Dear Gerry: With refe~nce to the application of Parkside Heights Co. for a special use pe~t to construct condominiums in the Zone, I enclose the follow~ngl 1. D.E.C. Penuit for the project. 2. Copy of plan approved by Suffolk County Health Department. I would hope that the Zoning Board is now in a position to set a date for the public hearing on tJ~s matter. En¢loluroe Sin~erely, ' · ...... _',.~xt= DEPART>~NT OF E!'{VIRON.~NT&L t,O~SER A~I,N Built, lng 40, State bMiversity of New York o~on.r Broo~, ;4ew York 11794 Dec. 28, 1982 Emanuel Kontokosta, P. E./ Parkside Heights Co. %3 West 54 St. New York, N. Y. 10019 Re: 10-82-0048 Dear Sir: In conformance with the requirements of the State Uniform Procedures Act (Article 70, ECL) and its implementing R~gulations (6NYCRR Part 621) we are enclosing your permit. Please read all conditions carefully. If you are unable to comply with any condi- tions, please contact the Regional Regulatory Affairs Office, NYS Department of Environmental Conservation, State University of New York at Stony Brook, Building 40, Stony Brook, New York 11794. Also enclosed is a permit sign which you are to conspicuotmly post at the project site, protected from the weather. bJL: il Encls. PERMIT 10-82-00~8 S78 PERMIT iSSUED TO PARESIDE HEIGHTS CO. / EMANUEL KONTOKOSTA, P.E. ADDRESS OF PERM~TTEE West 5~ St., New York, N.Y. LOC Section of stream, tidal wetland, dam, building) Oardiners Bay at Cleves Point~ SCTM No. Dist. 1000~-Sec. 03~, Blk. F, Lot 3 OESCRIPTIONOFPROJECT Repair an existing 75' x 6' woodendock by replacing approximately 20 pilings into the same location. The project shall proceed in accordance with the plans entitled"Gardiners Bay Condos"Construct total of 19 Condominium units with associated sanitary system COMMUNITY NAME (City, Town, Village) TOWN East Marion Southold GENERAL CONDITIONS 1. The permittee shall file in the office uf the appropriate Regional hours in advance of the time of commencemenl and shah a[~o notify him promptly in writing of the completion of the work. 2, The permitted work shall be subject ID inspection by an aulhorized order the wDrk suspended if [he public inleres~ so reqmres. 3. As a condition of the issuance of this permit, the appHcanl has ac- ~,~oted expressly, by the execution of the appiicatiDn, Ihe full legal respon- s biiity for all damages, direct or indirecl, of whalever nature, and by whom- a;er suffered, arising out of the project described herein and has agreed to :demnif~. and save harmless the Stale from suits, actions, damages and co)ts of every name and description resulHng from the said pro}ect. seali be removed evenly, wHhout leaving large refuse pile% ridges across 5. Any malerial to be deposited or dump~ under th~s perrmU ~qthe~ m th,~ waterway or on shore above hig~water mark, shall be deposited or dum~d at the [ocality shown on the drawing hereto attached, and, [f so sescribed thereon, within or behind a go~ and substantial b~lkhead or bulkheads, such 6, ]here shall be no unreasonable interference with navigaUon b) the v, ork he[ein a~tborized. ~. That if future operations by l~e SIMe of New York require an alteration of the Department of Environmental Conservation il shall cause unreasonable of this permit, the structure, fill, excavalion, or other m~ificalion of Ihe conddion the navigable and Ilo~ capacity of the watercourse. No claim shall 8. That the State of New York shall in no case be liable for any damage or injury to the structure or work herein authorized which may be caused by or result from future operations undertaken by the State for the conservation or improvement of navigation, or for other purposes, and no claim or right to compensation shall accrue from any such damage. 9. That if the display of lights and signals on any work hereby authorized ~s not otherwise provided for by law, such lights and signals as may be pre- scribed by the United States Coast Guard shall be installed and maintained by and at the expense of the owner. 10. All work carried out under this permit shall be performed in accor- dance with established engineering practice and in a workmanlike manner. ~1. If granted under Articles 24 or 25, the Department reserves the right ~o reconsider this approval at any time and after due notice and hearing to continue, rescind or modify this permit in such a manner as may be found to be just and equitable. If upon the expiration or revocation of this permit, the modification of the wetland hereby authorized has not been completed, the applicanl shatl, without expense to the State, and to such extent and in such r~ght to trespass upon the lands or interfere with the riparian rights of others 14. If granted under Article 36, this permit is granted solely on the basis Part 500 of 6 NYCRR (Construction in Flood Plain Areas having Special Flood Hazards - Building Permits) and in no way signifies that the project will be SPECIAL CONDITIONS *parking areas and garages located on the north side of the proposed units. The proposed units will be constructed no closer than 2~5' from ordinar~ high water on approximately 2~00 cu. yds. of clean upland fill obtained from upland source to be graded to a minimum 1' vertical to 2' horizontal slope. Th~ fill shall be placed no further seaward than ~0' of condominium building # 1 and # 2. The project shall pz'uceed in accordance with the plans entitled "Gardiners Bay Condos". ~nended drawing No. SD-1 prepared by Kontokosta Associates Engineers and Architects received by this Office on October 22, 1982. There is to be no disturbance to vegetation or topography within 75' of tidal wetlands. Pemittee must comply with all local, State and Federal Flood Zone Regulations and Ordinances. DJL: cg : c.c. File LAW ENFO RC~ME~k~r of $50.00. Dec. 28, 1982 Attached please find Check No. ~5~7 dated: Jan. 12, 1982 for amount Please send another Check for same amount and Permit will be ..... ~ ~T~4~ mailed on PERMIT SIGN N Om 10-82-00~8 S78 has been issued to: ~ ~.~o~?~ oo. address: ~ ~ ~ ~., ~w ~o~, ~. ~. / EMANUEL KONTOKOSTA, P.E. for: Repair an existing 75' x 6'woodendock by replacing approximately 20 pilings into the same The ~roject sh~ll proceed in accordance with the plans entitled "Gardiners Bay Condos". Constru~ total oY 19 Condominium units with associated sanitary system, Parking areas and garages lodate6 U n dl~e ~ s ~ ~ ~~~li~0T~~ j~ s [~efromC°nstrnctedordinaryn° highCl°Serwaterthanon2g5'ap[ Y 2~00 cu. yds. clean upland fi]] obtained from an upland source to be graded to minimum l' vertical to 2' horizontal slope. The fill sh , ,~ Article 15, .......[~r-~e~'J-n of --,~'or~ be placed no further seaward than BO' of condo. building # 1 and # 2., East Marion, Southold,S~: Article 24, [Freshwater Wetlands] Article 25, [Tidal Wetlands] Article 36, [Construction in Flood Hazard Areas) New York State Department of Environmental Permit Administri!~b'r Conservation Dec. 28, 1982 Date Issued Dec. 31, ~ Expiration Date 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 2.5 SOUTHOLD, L.I., N.Y. 11g'71 TELEPHONE (516) 765-1809 November 23, 1982 Mr. David E. Kapell 143 Sixth Street Greenport, NY 11944 Re: Appeal No. 2956 - Parkside Heights Co. Dear Dave: With reference to the amended maps submitted 11/17/82 in the above-entitled matter, please be advised that the follow- ing approvals are required before this board will be in a position to schedule this application for public hearing: 1. Approval of the amended plan by the N.Y.S. Department of Environmental Conservation; 2. Approval of the amended plan by the $outhold Town Planning Board; 3. Approval by the Army Corps of Engineers. Please keep us advised regarding developments. Yours very truly, GERARD P. GOEHRINGER CHAIRMAN lk cc: Planning Board Building Department DAVID E. KAPELL 143 Sixth Street Greenport, New York 11944 516-477-~S~r, 9~,03 REAL ESTATE ENTERPRISES CONSULTING SERVICES Hr. Gera=d Goehrin~er Southold Town Board of Appeals Town Hal. 1 N,~.n ~oad SouChold, New York 11971 November 17, 1982 Dear Gerry: Enclosed please find in connection vith the special. exception application of Parkside Heights Co. dated 2/26/82 the following: 1. Notice of complete application from N.Y.S.-DEC. 2. Approval from Southold To~n Plannin~ Board of a site plan for 19 units, c~ m~ ~, /?~. 3. A~aended site plan shovtns 18 units - ~ copies enclosed, would appreciate any assistance you can offer in ex- paditins this project. Best resards, ~avid E. Kapell as a~ent Enclosures ~c: Southoid Supervisor PERC ' u.s. isb life Servi e NOTICE OF COMPLETE APPLICATION ApplicanL Parkside Heights by: Emanuel Kontokosta, P.E. Date: Norther 4, 1982 Address: 43 West 54 Street, New York, ~ 10019 Permits applied for and application number(s) 10-82-0048~ Tidal Wetlands Project description and location. Town/City of Southold County of Suffolk Construct a total of 19 condominium units with parking areas and garages and repair an axisting 75' X 6' wood~idbC~;:bY, rePIacing approx4motely 2O':pi~in~; A!it~l of 9 units will be in the:~kd]ac;en~area~ of ~id~l' ~etlands,-and-the;prbJect~i~there- fore in conformance with Tidal Wetlands Land USe: Regulations. Construction, of. the units will occur no closer: ~han: 245' from mean high water.. The projec~ la,located on property bordering Gardiners Bay at Cloves Point, East Marion. Suffolk County Tax Map Number 1000-038-7-3. SEQR DETERMINATION: (check appropriate box) [] SEQR-1 Project is not subject to SEQR because it is an exempt, excluded or a Type II action. [] SEQR-2 Project is a Type t action; it has been determined that the project will not have a significant effect on the~ environment. A Negative Declaration has I~en prepared and is on'file. [] SEQR-3 Project is an unlisted action; it has been determined that the project will not have a significant effect on the environment. [] SEQR-4 A draft environmental impact statement has been prepared on this project and is on file. [] SEQR-5 A final environmental impact statement has been prepared on this project and is on file SEQR LEADAGENCY New York State Department of Environmental Conservation AVAILABILITY FOR PUBLIC COMMENT: Applications may be reviewed at th~ents on the project must be submitted to the Contact Person indicated below by no later tt~an November Zb, 1982 '5 CONTACT PERSON: Daniel J. Larkin ~" ""' ~ NYSDEC, Bldg. 40, SUNY--Room 219 (516) 751-7900 Stony Brook, NY 11794 · TO THE APPLICANT: 1. THIS IS NOT A PERMIT 2. This is to advise you that your application is complete and a review has commenced. Additional information may be requested from you at a future date, if deemed necessary, in order to reach a decision on your application. will be notified within 60 days and the hearing will commence within 90 days of the date of this notice, if a hearing is held, the final decision will be made within 60 dayg after the hearing is completed. 4. Publication of this Notice in a newspaper is: [] required [] not required If required, please consult the accompanying transmittal letter for further instructions. CC: Chief Executive Officer Environmental Notice Bulletin, Room 509, 50 Wolf Road, Albany, N.Y. 12233-0001 File HENRY E. RAYNOR, Jr,, Chairma~ JAMES WALL BENNETT ORLOWSKI, Jr. GEORGE RITCHIE LATHAM, Jr. William F. Mullen, Jr. Southold, N.Y. 11971 TELEPHONE 765- 1938 May 27, 1982 Mr. David Kapetl 443 Main Street Greenport, New York 11944 Re: Gardiners Bay Condominiums Dear Mr. Kapell: The following action was taken by the Monday, May 24, 1982. Southold Town Planning Board, RESOLVED that the Southold Town Planning Board approve the site plan known as Gardiners Bay Condiminiums~ containing 19 units, located at East Marion. Please be advised, the chairman has endorsed approval on the above mentioned maps and filed in the Planning Board office. A copy of same has been forwarded to the Building Department for their files also. If you have any questions, please don't hesitate to contact us. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary HENRY E. RAYNOR. Jr.,Chairman FREDER!C~ ~ ~C~?N JAMES WALL BENNETT ORLOWSKI. Jr. GEORGE RITC~E LATHAM. Jr. William F. Mullen, Jr. TO.W-N 0 F: ~O ~,~['~.~O.,'L O 8outhold, N.Y. 11~71 TELEPHONE 765 - 1938 Mr. George Fisher Senior Building Inspector Southold Town Hall Southold, New York 11971 March 9, 1982 Dear Mr. Fisher: At a regular meeting of the Southold Town Planning Board, Monday, March 8, 1982 the following action was taken: RESOLVED that the site plan submitted by E.M. Kontokosta be referred to the Building Inspector for certification. I have enclosed three copies of the proposed condominiums located at East Marion. Yours very truly, HENRY E. RAYNOR, JR., CHAIRMAN $OUTHOLD TOWN PLANNING BOARD By Susan E. Encls. Long, Secretary 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 SOUTHOI. D, L.I., N.Y. TELEPHONE (516) 765-1809 March 4, 1982 Mr. David E. Kapell 443 Main Street Greenport, NY 11944 Mr. E.M. Kontokosta Parkside Heights Co. 43 West 54th Street New York, NY 10019 Re: Appeal No. 2956 Application for Special Exception dated 2/26/82 Gentlemen: Please be advised that the following action was taken at a Regular Meeting of the board held February 26, 1982, concerning the above application: RESOLVED, to table the matter of Appeal No. 2956, application of Parkside Heights Co., by David E. Kapell as agent, pending approvals from the N.Y.S. Department of Environmental Conservation, Southold Town Planning Board, and if necessary Army Corps of Engineers. This resolution was unanimously adopted. If you have any questions, please do not hesitate to call. Yours very truly, GERARD P. GOEHRINGER Chairman COUNTY OF SUFFOLK STATE OF NEW YORK NOTICE N0i~C~ ~S-~m~¥ ~V- EN, the follov~ng will be held ~ public h~g to ~ s~y pub- lish~ belwe) by ~e old T~ ~ ~ Ap~ at a Reg~ M~g to be held ~ W~es~y, Ap~ 20, 19~: 8:~ p.m. App~cafion for PArSeE ~IG~S CO, by DaSd E. Ka~ll Ma~ S~eet, ~eenpo~, for a S~ial ~x~ption to the ~ning Ordinance, S~ion I~-S0 to cons~ dwelling units ~ ~o bu~d~gs ~ a~s~ g~ages on pre- ~ses zoned "M-I General Multiple" and l~ted on a~ p~vate ~ght~f-way off we~ side of Shipy~d ~ M~on, N.Y.; Subdi~sion of E. Konto~a, Sub~sion ~t ~-0~8-07-~.2. D~ted:Au~ 8. ~9~. BY ORDER OF SO.HOLD TOWN BOA~ OF APPEALS GE~ P. ~EH~NGER, CHAIRMAN 1T-4/14/83(4~ Patricia Wood, being du'.y sworn, says that she is the Editor, of THE LONG ISLAND TRAVELER-WATCHMAN, a public newspaper printed at Southold, in. Suffolk County; and that the notice of which the annexed is a printed copy, has been published in said Long Island Traveler-Watch- man once each week for ........................ /. .............. weeks successively, commencing on the .................................... ......................... , Sworn to before me this ................ .),./.,~,, ....... day of ................ .................. , a. Notary Public CLEMENT J. THOMPSON NOTARY PUBLIC, State of New York ~,~. 52-9321725 Residing in Suffolk C~un~y Commission Ex,res ~rd~ ~0, Legal Notices LEGAL NOTICE NOTICE IS HEREBY GIVEN, the following will be held for public hearing (in addition to those simultaneously published herewith) by the Southold Town Board of Appeals at a Regular Meetin~ to be held on WEDNESDAY, APRIL 20, 19~3: 8:30 p.m. Application for PARKSIDE HEIGHTS CO., by David E. Kapell as agent, 443 Main Street, Greenport, NY for a Special Exception to the Zoning Ordinnnce, Article V, Section 100-50 to construct 18 dwelling units in two buildings with accessory garages on premises zoned "M-1 General Multiple" and located on a private right-of- BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN 1TA14-4222 =~..=-=-;......:.....; ............................................. o! Greenpert, in szid County, ~s~/she is a representative of THE SUFFOLK TIMES, a weekly wspaper, published at Greenport, in the Town of Southold, County way off the west side of Suffolk, State of New York, and annexed is a printed copy that has Shipyard Lane, East Marion, NY; Minor Subdivision of E. en regularly published in said newspaper once in each week Kontokosta, Subdivision Lot 3, ,.....o..~.~............~week(s) .~u.~,cessively, commencing the......~...4..~lay Map 171; 10(}0-03~07-004.2. DATED: APril 8,19~. , .......... ,,~...~. ,~.. ,3,.~. ............ 19..,.~..,~ ,. .............. BY ORDER OF TH~ SOUTHOLD TOV~'q ..... ~L.~.........~ Sworn to before me this.......,1...4..~.~ ........................ day of ............. .~.]~3~. ................... 19 ......... ~. ....................... HELEN K DE V0E NOTARy PUBliC. State of New York No 4707878, Suffolk County Term Exp,res March SO, JUDITH T 'FERRY FOWN CLERK RF(;IS~RAR OI VITAL SFATIfiTICS TOWN OF ~JTHOLD SUFFOLK COUNTY Southold. L. I., N. Y. 11971 TELI';PIIONE (516) 765-1801 February 26, 1982 To: Southold Town Zoning Boardof Appeals From: Judith T. Terry, Town Clerk Transmitted herewith if Zoning A eal application of ~ Kontokosta for a special exception. 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 of property. Terry z~ Town Clerk ~/ JTT/bn Enclosures TOWN OF $OUTHOLD, NEW YOR~ APPLICATION FOR SPECIAL EXCEPTION (we) ..P..[~.lcs,i.de....lie.i.,gitl[s....C~ ........................ ~ 43...Wes.t...54.t.h....$.t.~.e.e.t ....................................... l~ame S~eet and ~ber New 'York New York 1001g apply ~ ~ ~NING BOA~ OF ~PEA~ for a SPECIAL ~C~TION in accordance with the D~m~Cz ~TIC~ V SECTION 1 0 0 - 5 0 ~o~ ~(3), C(1) 8P~ ~CE~ION IS ~STEb BECAUSE ~ ruct twenty (20} residential units under condominium mode ownership and with private garages as accessory use thereto. Parkside Heights Co, Petitioner . :......~.~..~ ..:. ~.~ .... OaVlO ~ Eape/1 , as Public i'~l:tM ZB2 (Today's Date/ Re: Dear Sou~..o.d Town Seard of AF.~_als }'lain Road Southo!d, NY ii97! Aueeal Ap~olication of 2lli~{}. . Si:s: tn rede. er.ue to ~ ~ New vt<{ S ...... Tidal We~iands Lans-Use ....... , Part 6{,1, and Article 25 ef the New York Stnte Envi~onx,ental c("-s:"-':~ ~ .... Law, please subiect o - .,--~ Yhe [ [ .Zay be located within 390 feet of tidal wetlands; he'.;o,'o~, ceastrucled along the water-lying edge of this property is a bulkhead in very good ce:~,ditien and at least 100 feet in length.* t.!ay ba located within 300 feet of tidal wetlands; i~o'...'over, constructed along the water-lying edge of this Nrcpe_rty is a bulkhead in need of {minor) (:'./a.j .I ) ~,i} ~irs, and appro::Jmate]y feet in [ [ ] not appo,tr to ,~ be located ,'~-~ .- ~z~n~ 300 feet of tidal wetlands; however, constructed along the ;,-~,---, ' ' ~ ..... 1~ lp~g eccje ~n~.~ property is a bulkhead less than 100 feet · n length. ,-~,a., be locatnd ;:~' ' . - ~.~'~.h:n 300 feet of tidal wetlands; ~. s. e is nc) onlkheaa oz' concrete wall existing 300 feet of ~': "-~ .e=.anco ..... L r pleane) SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF i~ is as~u~.ed that the preparer ~11 use cu~ren'tl~"&vailabie ~'nFormation concerning the project and the likely impacts of the action. It is not expected that additlonal studies~ research or other investigations will be undertaken. (b) If any question has been answered yes the project may be significant and a completed Environmental Assessment Form is necessary. (c) IF all questions have been answered No it is likely that this project is not'significant. (d) En--~ronmental Assessment ~. Will project result in a large physical change to the project site or physically alter more than l0 acres of land7 ...................... Yes~ No 2. Will there be a major change ¢o any unique or unusual land form found on the site? ........ Yes X No 3. Will project alter or hove o large effect on existing body of water? ..................... yes YNo 4. Will project have a potentially large impact · ' on groundwater quality? ..................... Yes)~No 5. Will project significantly effect drainage ' '- flow on adjacent sites? ........ . Yes,/No 6 Will project affect any threatened or ' endangered plon~ or animal species? ....... Yes 7. Will project result in o major adverse effe~[" on air quality? ............................. Yes ~NO 8. Will project have o major effect on visual character of the community or scenic views or vistas known to be important to the community? Yes~ No 9. Will project adversely impact any site or ' structure of historic~ prehistoric or paleontological importance or any site designated as a critical environmental area by a local agency? ............ ~..~..~..~.~.~..,..~. Yes,X/No 10. Will project have a bajor effect on existing ' or future recreational opportunities? ......... Yes'No ll. Will project result in major traffic problems '' or cause a major effect to existing transportation systems? ' Yes ~No 12. Will project regularly cause objectionable odors~ noise~ glare~ vibrotion~ or electrical disturbance as a result of the project's operation? .................................... Yes ~XNo 13. Will project have any impact on public health o~ safety? .................. Yes ~ No 14. Will project affect the existing community by" directly causing a growth in permanent population of more than 5 percent over a one year period or have a major negative effect on the chara~-~-e~ of the community or neighborhood?. Yes ~ No 15. Is there public controversy concerning the · pro ect? ...................................... Yes No BOARI) O~I~i:ALs, TOWN OF SOUTHOLD , In ~l~iJ~i~l' of the Petition of Parki~;{~e :Heights Co to,tHe 8Oa~f Appeals of the Town of Southold TO: Emanuel Kontokosta NOTICE TO ADJACENT PROPERTY O!~ER 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;~¥~a~ec) (Special Exception) ~l~RO~e~i~) (the following relief: p erm i s s i o n to erect twenty (20) residential units under condominium mode of ). ownership, with private garages as accessory use thereto 2~Thatthepr~perty~hichisthesubject~fthePetiti~nisi~catedadjacentt~y~urpr~pertyandisdes- cribedasfollows: on the westerly side of Shipyard Lane, East Marion N.Y.bounded on the east by E.Kontokosta & Shipyard Lane, on the south by Gardiner's Bay on the north by Parkside Heights co. and or the west by R. Kaplan & ano. 3. Thattheproperty whichisthesubjectofsuchPetitionislocatedinthefollowingzoningdistrict: "M-l" ~eneral Multiple Residence District 4. That by such Petition, the undersigned will reques[ the following relief: perm i s s i o n to erect twenty {20) residential units under condominium mode of owneJship, with private '.qara.qes as accessor.y use thereto. $. That~the provisions of the Southold Town Zoning Code applicable to the relief sought by the under- signedar~ :A~C'Ie V Bect.i.c~l 1lift-Eft. ~uh-~c R(3) ~, £(1) 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 may then and there examine the salve during regular office hours. (516) 765-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals that a notice of such hearing must be published at least five days prior to the date of such hearing in th~ Sfiff~ik Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of S~uthold and designated for the publication of such notices; that you or your representative have the right, to appe~aL'~nd be heard at such hearing. Petitk~/er Parkside Heights Co by David~Kapell, as agent Post Office Address 443 Main Street~Greenport,NY 11944 PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS P 310 /84 037 RECEIPT F(~I::I CERTIFIED MAIL NO INSURANCE COVERAGE PROVIDED-- NOT FOR INTERNATIONAL MAIL (See Reverse) SENT TO STREET AND NO ~ ~ SHOW TO WHOM AND DATE  ~L VEREO WITH RESTRiCTeD STATE OF NEW YORK ) COUNTY OF SIJFFOLK ) SS.: Sworn to before me this ~' ~f/ ~- day of ,~-~'7~ ~.~-~..e' ,1 g ~' ~ /~3""t~L:~-G~'?'J~ .~q~4,' [~(3~ ~ t~ , being duly sworn, deposes and says that on the ~ day of ~--~_~_ .r~t~r-~.~ - , lg ~'~'Z-, deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directt~ to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the Town of Southold; that said Notices were mailed at the United States Post Of- rice at (~~-,~ ,~..¥"t" ; that said Notices were mailed to each of said persons by (certified) (registered) hail. '' FREDERICK J. TEDESCHi NOTARY PUBLIC. St~ Commission Expire~ Mo,Ch 30, BOARD OF APPEALS, TOWN OF SOUTHOLD In th~Mat~er of the Petition of Parks~de Heights Co. : tO the Board of Appeals of the Town of Southo)d : TO: Mrs Rhoda Kaplan & ano NOTICE TO ADJACENT PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the intention Of the undersigned to petition the Board of Appeals of the Town of Southold to request a~¥xr*ak~ (Special Exception) (~p~[04a:~o~e~iz) (the following relief: perm i { s i o n to erect twenty (20) residential units under condominium mode of ownerlship, with private garages as accessory use thereto 2. Thattheproperty whichisthesubjectofthePetitionislocatedadiacenttoyourpropertyandisdes. cribedasfollows: on the westerly side of Shipyard Lane~ East Marion N.Y.bounded on the east by E.Kontokosta & Shipyard Lane, on the south by Gardiner's Bay on the; north by Parkside Heights co. and on the west by R. Kaplan & ano. 3. That the property which is the subject of such Petition is located in the following zoning district: "M-i" General Multiple Residence District ~ 4. That by such Petition, the undersign~ will request the following relief: pe rmi s s i on to erect twentY (20) residential units under condominium mode of ownership, with private gara§es as accessory use thereto. $. That the provisions of the Southold Town Zoning Code applicable to thc relief sought by the under- signedare Article V Section lnn-~n~. ~h-~;~ R(3) & f,(]) 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 may then and there examine the same during regular office hours. (51.6) 765-1809. 7, That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times and in the Long Island Traveler-Mattituck Watchman, newspapers published in the Town of Southold and designated for the publication of such notices; that you or your representative have the right to appear and be heard at such hearing. Dated: Feb .~-~1982. ~_.e._.~ ',~(~ ......... Pe~'~oner Parkside Hei~htt~ ~o Cby David~eKapell, as agent Post Office Address' 443 Main Street,Greenport,NY 11944 NAME PROOF OF MAILING OF NOTICF ATTACH CERTIFIED MAIL RECEIPTS ADDRESS STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS.: ~ FZ~'e" ~Ft~ d "~7,,, ~/, ~ //'q ,g'f,"J. being duly sworn, deposes and says that on the ~day of j~r'~/~ 6/~1./J ~ , 19 ~- %-', deponent mailed a true copy of the Notice set forth on the re- verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names; that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current assessment roll of the T_own of Southold' that said Notices were mailed at the United States Post Of- ficeat ~/~'~'""~//>~"%'~,', /f,/fu/~'~;''~;' that said Notices were mailed to each of sa d persons by (certi{ied)'(r~gist~red) m;~ii. ' FREDERICK J. TEDESCHI . N(JTARY PUBLIC, Slate of New No. 52-3945400 Qualified in Suffolk Cotmly ~'" 43 west 54th street / new york city, new york 10019 / 212-582-6100 e,m, kontokosta p,e, gary rogers r.a. January 27, 1982 Mr. George Fisher, Chief Building Inspector Town Hall Southold, New York 11971 Re: Site Plan-20 Condominium Units Owner:Parkside Heights Co. Dear Mr. Fisher: Enclosed please find a site plan (in triplicate) for your review and certification as to compliance with the zoning ordinance, for a 20 unit condominium project that is to be built on a 3.98 acre site immediately west of the Cleaves Point Village Condominiums on Shipyard Lane. This site plan will require both Planning Board and Board of Appeals approval. After you have reviewed same, kindly forward your comment and certi- fication to both the Planning Board and the Board of Appeals with a copy of your written comments to me for my records. If you have any questions concerning this' matter, please do not hesitate to contact me. Yours truly, E.M.Kontokosta,p.e. EMK/ck Enclosure IEIJO PA ~ llOO /Z F* LJI,~' ~lUO COBAVE% ?OIkJT VlbbA6 ', IMIC, PO -~ ¢ , ZOl,..lllxlG ANALY IS', REFERENCE~ ZONING, CHAPTER I00 FROPd TtlECODE THE TOVYN OF BOUTI~OLD ZONE fvl-1, GENERAL fi:E'GIDENCE DISTRICT AREA ', 5.~BAC~5 DP I~¢,¢¢~ ~ FT. AS A~ENOED 5/~0~5 PROPOGED~ 1~ I) \N/~.L Lit'J/4 ffM I T~ IBLDG LENG]i-~ ALLOWABLE', i?-5' F'IAX LENGTH SEPARATION REQUIRED ; ~O~OR Zx BLDG HEIGHT "l-tEF: I00,52) HEIGHT OF BLDG. RED, IOO.15,FOR 5LOPED RIDGE TO FINISH GRADE~FRON%OF BLDG, PROPOGED: LENGTH: IZB' FIEIGHT: 20' DISTANCE BEIWEEN BLDGB:40~ DIGT. BET, BLDG,&A~ED$, : ~0~ ~ IVA3LE FLOOR ~lN, ALLOWED; ~¢¢ LH / <EA', PROPOgED', 9~ [~] (nCF. Ioo,5~) C 'F-STREET (~EP, PARI~ING & BULK 5CHEDUCE) REQUIRED; PROPOEED~ 5CT ¢AC¼9 (REF, PARI<ING &.lbUtK FP,ONT YARD, REQUIRED; 50' PROPOSE D', 50* PROPOGED: FSLD6 HEI~HT'.(R[F, PARKING ~ BULK SCHEDULE') For C%IsLHct:in 0 Revisions KONTOKOSTA ASSOCIATES ENGINEERS & ARCHITECTS. 43 WEST 54tH STREET NEW YORK CitY, NEW YORK 1~019 Title Date Job No. /0/ Dwg. No. '0 // ~olpr211..J~'~ [ oooLo 0 '9 1 '% AN A L_"YF IS', REFERF:-NCE ~ THE TOWN OF 5OtJTU, OLD ZONE bd-q;O-ENERAL P:CSIDENCE DI¢'FRICT , AREA, ¢, ¢~ACRE50F~ I~3,50~ cx~ FT A5 A~BNOED ( ~ )ACCESSOFW GLDG TOT~,L ~ COVERAGE, 0WELLING UNIT ALLOWABLE, ROOF ~EAN HEIGHT BETWEEN CAVE AND RIDGF__ TO Fi NISH GRADE @ FRONT. OF BLDG, PROP0gED', LENGTH; 1~_5' HEIGHT: DISTANCE BETWEEN BLDGS:aOj DIGT, BET, BLDG, i_IVASLE FLOOR ~lN, ALLOWED;~,~ /,RE~'. PROPOGED ', 9~'[~ (~F, ~oo,55) C 'F-BTREBT (RET, PARKING & BULK PROPOSED: ~B:~cAP, G - OF4~.'~ (REF, PA~I<iNG ~ [bULK SCHEDULE) ~EAR '(ARD ~ ~<EC~UIRED', SO' PROPOSED: Title Date Scale 1%- ~0-0' Job No. /~/ Dwg. No. SD-I El-lOr2/x KAI~LAKJ -~ v.~.v~ I,l©-c, 0 FI D I hJ/~, f~. Y J ?DIM1' Vlbb/~Et,, f46,, .7_Old NIG ANALYSIS; ' RE-FER~_NCE~ ZONING, CHAPTER iOO FROP'I THECODE THE TOWN OF 5OUTHOLD ~ITE', ZONE f'4-1~ GENERAL RESIDENCE DISTRICT i A[~F~A ¢ ¢.~I~"~ACP. E¢ OR 1"7¢,5~:~',~ ~ FT., AS AMENDED 5/30~5 I 5Y L.L. ~0, ;'~5 PROPOSED ',(~) DWELL 5LDO, = ~LDG TOTAL ,Iq, % cov E ~A6 E :_17/O~ = OWELLiNG UNIT ALLOWABLE, '~OOO ([qEF; I00 ItG) PP, OPOGED', J~ P, IDEE TO FI Nl$d 5RADE ~ FRON% OF BLDG,' DI$TANCE BETWEEN BLO6$=40~ DIST. BET, BLDG,&A~6$¢, : ~0~ LIVA3LE FLOOR ~lN, ALLOWED;CCC * ,~EA', PROPOSED: 9~ o :F-STREET (REF, PA~I~ING & BUUK SCHEDULE) P~R~ING' REQUIRED~ J~ CARS -DWELL UNITE PROPO.. _D: ~O' ~t~ 7 KONTOKOSTA ASSOCIATES ENGINEERS & ARCHITECTS ~%: ?,?. .,. , .I NEw YORK CITY' NEW YORK 1OO19 ~ob ~.