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HomeMy WebLinkAbout7166 LLC 614/7S- 4+,2f- AOM—CD CIMI r1cm6am ct- Aw) A f-'s ac- 0A 'sac) x)(11 Sm azy,)-n PH �l7//g App"o-a LA (C41k4. �l 2-t (c dich ,jemheL� 6iiaf'rl N9 I/- r-e net 1� A-4 _iAn:;t_ax_ 6q. 4XQW I *2hde- VIIL_SfcAni_� 4:7-57SMain Pd. ) Ore-e4yol-1- Coo VA CXn U r)Ch r*V) 12 PH A-PPY-- LVC.4n-� 12412- CI � CHECK BOXES AS COMPLETED �H J ( ) Tape this form to out! cc o a� ( ) Pull ZBA copy of ND Q- Q- ( ) Check file boxes for pi N ( ) Assign next number o o { outside of file folder ( ) 0-)Date stamp entire ori m n N r file number CO O, � cn O ( ) Hole punch entire oris �, G' rn x 70 o M � Wm COQ- c (before sending to T.0 G, _ w 9 ( ) Create new index car o rn z Q C n ( ) Print contact info &t ;Cn .; 6 o, ( ) Prepare transmittal t C� C W ( ) Send original applicat o Ln to Town Clerk o ( ) Note inside file folder i and tape to inside of ; -n ( ) Copy County Tax Map neighbors and AG lots ( ) Make 7 copies and pub ( ) Do mailing label 0, CD 0 re a311 *)! ,mos OFFICE LOCATION: MAILING ADDRESS: Town Hall Annex *V s®(®,� P.O.Box 1179 54375 State Road Route 25 ®� ®�® Southold, NY 11971 (cor.Main Rd. &Youngs Ave.) Southold, NY AW AW Telephone: 631765-1809 http://southoldtownny.gov ZONING BOARD OF APPEALS Town of Southold RECEIVED 4PQd �i=y7� FINDINGS,DELIBERATIONS AND DETERMINATION JUN 7 2018 MEETING OF JUNE 21,2018 ZBA FILE# 7166 outhold Town Clerk NAME OF APPLICANT: Chloem, LLC (Southold Fish Market) PROPERTY LOCATION: 64755 Route 25 and 64175 Route 25, Greenport NY. SCTM No. 1000-56-4-22 &24 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 9, 2018 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. TOWN OF SOUTHOLD PLANNING BOARD: The application was referred to the Southold Town Planning Board for comments. In their March 22, 2018 memorandum, the Board indicated their support for this variance reasoning that Lot 24 will remain a conforming lot size and Lot 22's lot size will increase to 1.52 acres which is closer to a conforming size in the MII Zoning District. PROPERTY FACTS/DESCRIPTION: Lot# 22 is a non-conforming 46,309 square feet located in an MII Zoning District and measures 300 feet along NYS Route 25, 200 feet on the East side, 187.11 feet on the North side, and 200 feet on the West side. Lot 24 is a code conforming 27.84 acres parcel located in an M11 Zoning District and is an oddly shaped lot located between NYS Route 25 and the Long Island Railroad, and weaves around several other lots. Lot 24 consists partially of Fresh water wetlands and has frontage on Hashamomuck Pond (Mill Creek). All is shown on a survey by Nathan Taft Corwin, LLS dated October 19,2002 and last updated February 20, 2018. BASIS OF APPLICATION: Request for Variance(s) from Sections 280-56 and the Building Inspector's February 13, 2018 Notice of Disapproval based on an application for a lot line modification to increase lot area of a non- conforming lot; at 1) proposed lot measures less than the code required minimum lot area of 80,000 square feet; located at:64755 NYS Rout 25 and 64175 NYS Route 25, Greenport,NY SCTM# 1000-56-4-22 & 1000-56-4-24. RELIEF REQUESTED: The applicant requests an area variance as a result of a lot line change conveying 20,177 square feet from Lot 24 and adding 20,177 square feet to lot 22. The lot line change will result in Lot 22 remaining a non-conforming lot of 68,529 square feet in total area where the code requires 80,000 square feet. Lot 24 remains a code conforming lot size. Page 2,June 21,2018 #7166, Chloem,LLC SCTM No 1000-56-4-22&24 ADDITIONAL INFORMATION: The applicant testified that the purpose for purchasing the additional property is to be able to increase the number of onsite parking spaces which will improve safety for his customers. The applicant received a Special Exception Permits from the ZBA (#file no. 6608SE, dated December 20, 2012)for the operation of a "fish market with an accessory prepared seafood take-out/eat-in area consisting of four tables with a maximum of 16 seat."The permit included the following condition of approval 1. "No increase in the size, scope or intensity of the proposed 4 table/16 seat prepared seafood take-out/eat-in area is permitted. Should the applicant do so, the Board of Appeals may, by its own motion, call for a public hearing to consider the revocation of this Special Exception permit, and/or the need for additional relief from the code for two uses on the subject property." Upon personal inspection of the subject property in connection with this current application, Board members observed that the interior eating area currently contains 24 seats. When the applicant was asked about this violation of the condition on his Special Exception permit, the applicant testified that the fish market is the principle use of the business and that he still considers the eat-in/take-out dining area as an accessory use to the principle use. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 5,2018 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law .4267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The neighborhood consists of commercial properties including marinas, restaurants, hotels, and a catering hall. The applicant's fish market is consistent with the character of the neighborhood. The proposed lot line change reduces the nonconformity of the subject parcel. In addition, the applicant is proposing to improve the safety of ingress and egress to the property and the sight lines to oncoming traffic on Main Road. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant proposes to purchase 20,177 square feet of land from the neighboring property owner to the north. Any purchase of less than an additional 31,648 square feet to equal 80,000 sq. ft. in area requires an area variance 3. Town Law V67-b(3)(b)(3). The variance(s) granted herein is mathematically substantial, representing 14.6% relief from the code. However, the proposal creates a greater conformity to the code than the current size of the property. 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this location neighboring a residential community will have any adverse impact on the physical or environmental conditions in the neighborhood. This application does not propose any additional structures, will create more conformity to the code and the applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Law &267-b(3)(b)(5). The difficulty has not been self-created. The parcel was subdivided before the current zoning code was in effect. 6. Town Law &267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an increase in lot size while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Planamento, and duly carried, to Page 3,June 21,2018 #7166, Chloem,LLC SCTM No. 1000-56-4-22&24 GRANT the variance as applied for, and shown on the survey by Nathan Taft Corwin, LLS, dated October 19, 2002 and last updated February 20, 2018. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant must comply with the condition of Special Exception Permit # 6608SE that limits the seating in the eat-in/take-out interior area to four tables with 16 seats 2. The applicant must apply to the Southold Town Planning Board for a lot line change approval. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one(1)year terms. Vote of the Board: Ayes: Members Weisman(Chairperson), Dantes, Acampora, and Planamento (Member Lehnert abstained): This Resolution was duly adopted(4-1). rt Leslie Kanes Weisman Chairperson Approved for filing /- 3—/2018 LARK&FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No. (631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: LarkandFolts@aol.com January 11, IT" Tr\V Z' JAS 11' 5 d 5 2919 UUU Ms. Kim Fuentes ': _71(k2--- Zoning Board of Appeals Town of Southold 54375 Main Road - P.O. Box 1179 Southold, NY 11971 RE: Chloem, LLC 64755 State Route 25, Greenport, New York (SCTM #1000-56-4-22) Dear Ms . Fuentes : Pursuant to the decision of the Zoning Board of Appeals filed on June 27, 2018, attached is' a signed copy of the survey by Nathan Taft Corwin III Land Surveyor last dated June 26, 2018 which has been approved and stamped by the Southold Town Planning Board. Kindly confirm the above meets with all of the conditions of the 'Board. Very truly yours, �� _ Richard F. Lark RFL/bd Enclosure may, PIP fS 3 Nf Ck ROAD ALBIERT50N LANE p9 c = �so m ry 3 O s ,5� vi p�G • REED s co l�` tir �ti�� �ti�� � �>•so� yR P GUg( v> FUG 3 y V s "Uy Qo o� M w Qs O k r O RFF4j 1O O . Q FUG 2 �G �O FUG 4 � -- PREMISES . `�-'� 2ON f R, / ZO 80 ♦ TARP ON �. Ory E ` DRI R, ... ve 4O g�; ::::::::` . i ... ll :. .♦ FIAG i S FUG 4 Qe 1..: .. ALBAO co smJ' o �_w\\ :: ♦ ORe DRIVE rA_ (31UCK POND to NASMU CREEK) �0Z�yf� 2 NF Q ` • 0 1a 9� OJT �� v�t>�J �2 i O 9V W Q tr 4 oQ FLAfv s y °01 KEY MAP "CCo s �G`S� Fzoe9�• SCALE 1"=600' o��Q 24m S'y3 Q U• O•• O O O, CV FLAG 7 // W Q OT CONFIGURATION NOT IN SCALE FLAG 9 o�' 0 FUG s ��� 0 g `I v 1 ti O: FLAG 10 � I 4 � I EXISTING °` F G 11 v� P 0 N D I ,go G 13 ti0 Fuc 14 3 to M Q� s W EDGE OF WATER 0�� 10.2' .1 FRAME BUILDING NI ,� (IN DISREPAIR) N �u FLAG 15 (p' �NV W��6'(5 RAGES fR�sPNo 0 is °�GP�5� PROPOSED "ESU13DIVISION FOUR CH LOEM , LLC S.C. TAX No. 1000-56-04-24o , b121o,,S� 5 77•�5.2a , 5~ P5SPd c 21 Ar 2 G SITUATE FLAG 23 FLAG 22 6 + 1" SER ARSHAMOMO Q �J E � � h/ O WP FLAG zo �,h i� A1��A g2 F W \ANOS FUG 53 LANDWARD LIMIT OF FRESHWATER WETLANDS 09, 5 01 r AS DELINEATED 8/2/05 AND 8/3/05 BY ' FUG 54 N OF SOUTHOLD C.W. BOWMAN - LAND USE ECOLOGICAL SERVICES SUFFOLK COUNTY NEW YORK D,TO /� `\ FLAG 52 0 ,� � � � �� 42 FLAG 24 16 va ,'V Fuc 19 6 6. 3 yah S S ws \ FLAG 51A' ` O . 9 FUG 41 UPLAND AREA 41 = ,100 sq. ft. 1000 - 56 - 04- 22 rn FLAG 43 1000 - 56 - 04- 24 c 40 8 F 65 N '2 E I 7- I N 065, 9 W�o y Co c. PAD FLAG 4a uc zs SCALE 1 " = 609 N N15.5 5N I \\OO 91 c�FR FUG 9 s1 5 0 29.1 0 & Pt\c\\' 1 STORY FRAME HOUSE 1e wo 6,22 o,,al�I�Go,,° X39 OCTOBER 199 2002 p;,0 5� \ 4, 56 pO9A w w r1 613 coRROOF Rc�Ri N FLAG 45 FLAG 28 nhc 17 NOVEMBER 14, 2005 LOCATED WETLANDS AS FLAGGED FLAG 50 FLAG 27 OCTOBER 23, 2006 ADDED TAKING & EASEMENT LINES 16.2 M � AUGUST 13, 2008 CALCULATE UPLAND AREAS 1 ++ et +,8,+ j 1 � Fuc zs NOVEMBER 5, 2008 REVISED TAX LOT 1000-56-04-24 6• r1 y y6' I v 0�AA2S y W.0° cur wLREs urFLAG 3s 5of \ °• �, Nm POLE FLAG zb JUNE 26 FEBRUARY208 ADD EASEMENT OAGREEMENT NOTE 55 1 \ FUG a N 6�ON��', z \ �, ss� \\ !I LOT ARE FLAG 48 \ A DATA \ 634 . �O°��y�GF`� �=\IOW MOBILE HOME 37 �` Fuc 3o EXISTING LOT AREA NEW LOT AREA PARCEL 41 y A\A p5 E� ,�\ fn < - e 56.3' .N •51 5 \ M 1y^ m u a 12.4'm -- $A5 4 11' \OP O BI\G� Co 3 j 1.0'98 b S.C. TAX No. 46,309 s ft. LOT AREA TO BE 66,486 s ft. O <u F �o�°G 3 `O 12.0' ROOF OVER STOOP a'� \ 1000-56-04-22 q• q' ROOF OVER STDOP I aRc O M ROAD UNE) 1.063 ac. TRANSFERED TO 1.526 ac. uc as FLAG a7 1 �cF O� CHLOEM, LLC F ESO O O N 1 ioF�` \ gh S.C. TAX No. 1,212,603 sq. ft. 1,192,426 s ft. cjh5 11 i\p� I �OW���� Co VO I 101 1✓ \ p 1000-56-04-24 20,177 sq. ft. q• 0. �\ O �I m 1 STORY FRAME H(OU ' (TO TIE ONES) 27.838 ac. 0.463 ac. 27.375 ac. 2 G�oOWFLAG 48 1 / \ O� CHIMNEY BRICK STEPS FLAG 3s \ tij� TOTAL 1,258,912 sq. ft. 1,258,912 sq, ft. O7 h 1�'09 ' F UPLAND AREA = 148,837 sq. ft. U 28.901 ac. 28.901 ac. G 35 FLAG 31 .°', Gj� ,cL •/��� FUG 7 I UTILITY JtQO�' \ Ipi�\ \\• FUG 34 \ I O O I POLE �. 2 �\ . 2 FOUND FOUND CONC. O /\ \` �.�, \ N.- PIPE 0.3'8. MON. 1.3 W- '� / 162.53 Baa. 1�, `•\ � ���y ,y'1 Op 'G Fuc 33 N � H 6 S 01'47'54" W o S 85'08'00" W z w�cgNo$ j$ � a wr h11ti5 `�� NOTES: 0 0 60 30.41'30.41' �, o %�. er��K �" `�� FQ� 'CP , QP,o*�.� 1 . ADDITIONAL STRUCTURES IF ANY ARE NOT SHOWN. ehwf°o �f�"f cin % \ �� _i- / \\"o•• `� �c ED `�RD/�F °°'o.' ��° �' 0 2. THE PROPERTY AT 64755 MAIN ROAD, SOUTHOLD, NY (S.C.T.M. No. 1000-56-04-22) ,� o j -\` �,iy.,\�i ti s CH�ghlOT?�AN R� `` F p g' IS SUBJECT TO AN EASEMENT AGREEMENT AS DESCRIBED IN DEED LIBER 12770 PAGE 230. HA SHAMOMUCK POND 69. ^��tiry �� A \. P�s S 88'49 36 W °w R /' 0 •°x '—� (MILL CREEK) 70.88' ���� FLAG 6 'oo, /" osEo E tiro o. J OWNERS:C. 5 LU JAN 1 r"i9 � y�'y�°V°•, /' ��N�MON. p0,. W (0 ,y �p�a. � ,�. .., S.C. TCHLOEM,AX No. 1000-56-04-22 75 53' I In �0� h6 .\ J UTILITY S 89.72 I o y Oi �� �i*° 00 APPROVED i \OHO POLE FOUND MON• „ w 1 0 G`'� o ; •° .` \ 64755 MAIN ROAD co'T /, c°N0 7553 OO Z N O �(p, O. ° \ es r- , r, L: dt;1� �,, �, ,�,� SOUTHOLD, NEW YORK 11971 �' S gg•72 m Op n D Ioo G���P( 1p CON/01F Ln c� 0 • GENEVIEVE L. RICHARDS 11� m O S.C. TAX No. 1000-56-04-24ATTERSON -I _ I �,' ,, STEPHEN J. PATTERSON III 3 � o C7 D D O 01 10 DAIS 2c} �q f ° / A 0 z II o ;� I ���'` 0;0���1 (,1,V�(1o31J1' �� I. 1 & EDWIN FISCHEL TUCCIO / o v1 � No of i0`11t //'�o'J�DFF\�� S 5 do � R VERHEAD,547 EAST MNIEW YORK 1 1901 ---- ---- I BARN 00 l=j p 1 I 1.3'W I f'I C J O o 0 �Z' -1 J ? i o L JUN 9, 72018 LSI FLAG 5 '. P.- o r•"} O II N Svutho!d Town 1 N Planning 179 N FLAG 4 j _ N NI 9 0 Board FLAG I O N/9/F I UNAUTHORIZED ALTERATION OR ADDITION GENEVIEVE,T. RICHARDS I n FOU 1 TO THIS SURVEY 13A VIOLATION OF FUG 2 / BARN CONI-M SECTION 7209 OF THE NEW YORK STATE PREPARED IN ACCORDANCE•WJkL THE MINIMUM y1P 2.7'W. I m EDUCATION LAW. STANDARDS FO TITLF.SURVEYS AS. ESTABLISHED BY THE Nathan Taft Corwin �o• FUG 1 / � N L.I. i:".Srgj,Jf1�APPR0YE0 ANb.ADOPTED ° N O mm O„ \11 COPIES OF THIS SURVEY MAP NOT BEARING FOR SUC40-U TH •Y WSTATVVE LAND Surveyor, �' A o� THE LAND SURVEYOR'S INKED SEAL OR TITLE A SOCI9 Lan �A r o r x" 8 EMBOSSED SEAL SHALL NOT BE CONSIDERED GUARD RAIN /' O O ��LINK FENCE -� 1 o g 5 7p 1�9• �+ TO BE A VALID TRUE COPY. t � !♦/ -• '�~" '\0 O m •� .A FouND MON• CERTIFICATIONS INDICATED HEREON SHALL RUN ` ".1 r ONLY TO THE PERSON FOR WHOM THE SURVEY MA j�j CO C. IS PREPARED, AND ON HIS BEHALF TO THE EDGE OF PAVEMENT n �I I TITLE COMPANY, GOVERNMENTAL AGENCY AND ,/•. f� Successor To: Stanley J. Isoksen, Jr. L.S. ROAD LENDING INSTITUTION LISTED HEREON, AND Joseph A. Ingegno L.S. CS �j w TO THE ASSIGNEES OF THE LENDING INSTI- c t" 2 •R• `�5 1 S g3.09'49 TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. Se r - Title Surveys — Subdivisions — Site Plans — Construction Layout 25 p1 1L PHONE (631)727-2090 Fax (631)727-1727 I THE EXISTENCE OF RIGHT OF WAYS �1 S OFFICES LOCATED AT MAILING ADDRESS A AND/OR EASEMENTS OF RECORD, IF N.Y.S. Lic. No. 50467 1586 Main Road P.O. Box 16 O, ANY, NOT SHOWN ARE NOT GUARANTEED. Jamesport, New York 11947 Jamesport, New York 11947 la�C�Fv�� FED 2 P61 20NING GOARD OFAPPEPLLr� SURVEY U` F PROPERTY SI T SIA TED A T ARSHAMOMOQUE FLAG 3 P104 O TOWN OF SOUTHOLD SUFFOLK COUNTY , NEW YORK FLAG FLAG 4 S . C . TAX NO ® 1000 - 56 - 04 - 22 1000 - 56 - 04 = 24 SCALE 1 " = 60 ' FLAG FLAG OCTOBER 19 , 2002 0)J O NOVEMBER 14, 2005 LOCATED WETLANDS AS FLAGGEDM94 OCTOBER 23, 2006 ADDED TAKING & EASEMENT LINES 3QOW P105 AUGUST 13, 2008 CALCULATE UPLAND AREAS ` NOVEMBER 5, 2008 REVISED TAX LOT 1000-56-04-24 s FLAG 6 FEBRUARY 20, 2018 REVISE NOTES �0 1 Jti 2 2�3 LOT AREA DATA o p m -09. PARCEL EXISTING LOT AREA NEW LOT AREA co S.C. TAX No. 46,309 sq. ft. LOT AREA TO BE 66,486 sq. ft. o 1000-56-04-22 (TO ROAD LINE) 1.063 ac. TRANSFERED TO 1 .526 ac. CHLOEM, LLC N S.C. TAX No. 1000-56-04-24 1 ,212,603 sq. ft. 20,177 sq. ft. 1 ,192,426 sq. ft. FLAG 7 # (TO TIE LINES) 27.838 ac. 0.463 ac. 27.375 ac. Q TOTAL 1,258,912 sq. ft. 1 ,258,912 sq. ft. Q 28.901 ac. 28.901 ac. o z Q J TES: - FUG 8 1 . ADDITIONAL STRUCTURES IF ANY ARE NOT SHOWN. r q FLAG 9 S y o �p �4;. `g v P � \N FLAG 10 � \ 0 P 0 N D v G 13 3 FUG 14 h M � o 0 to EDGE OF WATER 10.2' 1 FRAME BUILDING h N FLAG 1 (IN DISREPAIR) (o' �h V p5 R W S��50�\COS S.C. TAX No. 1000-56-04-24 �NpoNM�O\aI�NO J50 G 21 5� P5 00 5 1�•,;a y���, FLAG 23 G� FLAG 2.". �O FLAG 53 FLAG 20 N A LANDWARD LIMIT OF FRESHWATER WETLANDS AS DELINEATED 8/2/05 AND 8/3/05 BY y0 66� i \ FLAG 54 C.W. BOWMAN - LAND USE ECOLOGICAL SERVICES N1 / \ N FLAG 52 42 FUG 24 G 16 N // �s FLAG 19 4. ~ opt\\\\ N 660•`6 \\ N '699 3 FLAG 51 UPLAND AREA = 41 ,100 sq. ft. ,O FLAG 41 �� S9• W: � \ FUC 43 C ??6 l'3 \ 10 I +�0♦ p,S,y G 40 LAG 25 8 F ro I 6 1 9 \1'" 15 CO C. PAD FLAG 44 N 6�-5.1 '22 I Z 1 N ° �, \OP\$ GO 1 e S OSZ9,2� 0 I „ 01 1 OP er.\P\'S FLnG 9 1 STORY FRAME HOUSE Fuc 39 Fuc za 6g5 ® 1� �, \ 1 1 36 Z 9 b w r\ y1• O �00J�0 N Fuc as ,\ Fuc 27 ROOF CONPORCH FUG 50 W A16.z' V 5p, � Fuc 29 ;DN OrA,,g II I �G��tP� FUG 38 `` \\o,D_ Fuc 26 GUY WIR Y ° 6'L, N G1 POLE FLAG e ZrolO' \ y Ln �,� \ FLAG 46 � \\o w+ �j MOBILE HOME u° 37 FLAG 3D 63• 3pS Q� \GF'S i\ 6.3 \ � 4'' r,5 FRS m 5 , a ,2.a M0 ya s •• �I 5 1.0 m P103 \OPO pG\GPS (O 6 I ROOF OVER STOOP9 8r 112.0' ROOF OVER STOOP OG 3 _� / � �7, *i i FLAG 49 FLAG 47 Q'RP1 G \` M90 Q• 5�y °1 •�a ��0O0P� , I / \ s `'sE o `,` P119 1 STORY FRAME HOUCO V / Vol o S ` • L'i ryBRIIK h FUG 48 ,o FLAG 36 r� UPLAND AREA = 148,837 sq. ft. 1/ \s' tib° � FLAG 35 � UTILITY O FLAG 34 M94 I to FLAG 7 POLE O \ O �x. `` \ 2 FOUND FOUND .3'W. ^ �!�G•+ \..\2 / N� ,y1 OQ �L FUG 3 PIPE 0.3'5. 162.53' MON. 1.3'W. 100. P101 N Al s • \\ S 01'47'54" W 0 S 85'08'00" W Z Cg yO S��c 1�1 �� `' IPZ� • 0' M94 OAS, 30.41' v> A ��� k /' �Tr e\ EDjY N�O�F S0. °Fe + P97 F P mow+ S8y�'xF o`~nF cn g �'�\ i �' `�'' \ �` CK,QR RD VAN CU /i °,� �cL� ,yy Cz0 w 4. ^'_ A i- Py, /y `\.s LOTTE V R9 �N Z_ ?S60�� \. .0 tea, - HASHAMOMUCK POND 9' s 88'49'86' w C2 C9 FLAG 6 ,° / °o � `' 07 , � \ (MILL CREEK) ^�� °, / F FDNC 5� o :t� 46 coN a M00. 'S.53� w cn 116', <rO� c�0 � a° �� FINAL Q"lb 99.E O G�y O� ,�O fio� 0 . '"A 04 'z. /•/' POLE IFOU C.11,ON 5 •O " �J Z 'P Q �, O. O .\ \ CO 5 , 5� 0 O N N / EpJ�N REVIEWED UNAUTHORIZED ALTERATION OR ADDITION 99 7� O O / c°ac \ \ ��� TO THIS SURVEY IS A VIOLATION OF G P SEESECTION 72LA OF THE NEW YORK STATE N rn �L� °oa ,. DECISIONEDUCATION LAW. N/0/F N r� P yo,' GENEVIEVE L. RICHARDS / Ln (A oo D ' '' DAZED / # COPIES OF THIS SURVEY MAP NOT BEARING �,1 THE LAND SURVEYOR'S INKED SEAL OR 0 EMBOSSED SEAL SHALL NOT BE CONSIDERED o C7 � D O �� Q�+ a�� TO BE A VALID TRUE COPY. RUN OI ''/N0�\a S Z ONLYI TOTHERDSIONTEOR WRHOM EON THELSURVEY � Zml O Ln �� �J IS PREPARED, AND ON HIS BEHALF TO THE p - �' �►y°a TITLE COMPANY, GOVERNMENTAL AGENCY AND O trJ L7 1 �� �� \tai � 0t3AR � O C J � LENDING INSTITUTION I EON, AND � TUTION. CERTIFICATIONS ARE NOT TRANSFERABLE. II TO THE ASSIGNEES OF THE LENDING INSTI- o$ Ln �OOZM,/ � �O � THE EXISTENCE OF RIGHT OF WAYS O O rE ,+ C O AND/OR EASEMENTS OF RECORD, IF FUG s 0 o0 ANY, NOT SHOWN ARE NOT GUARANTEED.N O Z zpFuc a FUG 3 / N/91F I o F­ GENEVIEVE,1L. RICHARDSBARN I Z n GONG MoN PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED Nathan Taft Corwin FLAG 2 BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND 27W rn TITLE ASSOCIATION. III FUG 1 W 1 2 NO m m � „ �I -....... A °�s Land Surveyor CHAIN LINK FENCE K O 0z S 'IO; g1 / 0 �O GUARD RAM A �� ���� �` m FOUND MON- Go rT !=, } NC. f— Successor To: Stanley J. Isaksen, Jr. L.S. MAIN EDGE OF PAVEMENT Joseph A. Ingegno L.S. 1V1 ROAD S = a Title Surveys — Subdivisions — Site Plans — Construction Layout ( O9 , S R' 25) it S 325 p1 �,� PHONE (631)727-2090 Fax (631)727-1727 ,�' OFFICES LOCATED AT MAILING ADDRESS I i�.1.� '•. N�`�. Llc. No. 50467 1586 Main Road P.O. Box 16 Jamesport, New York 11947 Jamesport, New York 11947 0V\ ® OFFICE LOCATION: ®� S®� NL4ALING ADDRESS: Town Hall Annex �� ��® P.O.Box 1179 1 54375 State Route 25 �® V® Southold, NY 11971 ® (cor.Main Rd. &Youngs Ave.) Telephone: 631 765-1938 Southold, NY www.southoldtownny.gov ConTo�U n 9� PLANNING BOARD OFFICE nJ ' TOWN OF SOUTHOLD MAR 2 ? 201 MEMORANDUM To: Leslie-Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman Members of the Planning Board Date: March 22, 2018 Re: Request for Comments for Chloem LLC SCTM#1000-56.4-22 & 24 ZBA#7166 The Planning Board received your request for comments regarding the above- referenced action to create a nonconforming lot in the Marine II (MII) Zoning District and supports this variance. The proposal is to transfer 0.46 acres of land zoned MII from Lot 24 to Lot 22. Following this action, Lot 24 would decrease from 27.84 acres to 27.37 acres and would remain conforming for lot size in the R-80 Zoning District. Lot 22 would increase in size from 1.06 acres to 1.52 acres and, while this is non- conforming for lot size in the MII Zoning District which requires a minimum lot size of 2 acres, the transfer of land will result in a lot that is less nonconforming. This is the premise for the Planning Board's support of this action. A resubdivision approval would be required from the Planning Board to accomplish this transfer. Thank you for this opportunity to provide comments. If you should have any questions or require additional information, please do not hesitate to contact the Planning Office. m6 lD k'3- � t'f j�_ �-(',Ajq((' 4_ " COUNTY OF SUFFOLK S— RECEIVE® l tA— MAR 0 9 2018 � ,-„b ZONING BOARD OF APPEALS Steven BelloneJ SUFFOLK COUNTY EXECUTIVE � I1 Department of Economic Development and Planning Theresa Ward Division of Planning Deputy County Executive and Commissioner and Environment March 5, 2018 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Simon, Thomas #7161 Fishers Surf Shack, LLC #7162 Digenakis (Katina) &Drakopoulos (Konstantine) #7164 Susannah, McDowell #7165 Chloem,LLC #7166 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Principal Planner TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 0(631)853-5191 FORM NO. 3 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT FEB 22 2018 SOUTHOLD,N.Y. BONING BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: November 27,2017 RENEWED: February 13, 2018 TO: Lark&Folts (Chloem) PO Box 973 Cutchogue,NY 11935 Please take notice that your application dated November 27, 2017 For a permit for a lot line change at (AV 2-9— Lb+ a4 Location of property 64755 Route 25 & 64175 Route 25, Greenport,NY County Tax Map No. 1000 - Section 56 Block 4 Lot 22 Is returned herewith and disapproved on the following grounds: The proposed lot line change i�permitted pursuant to Article XXII Section 280-56, which states; "No building shall be used and no building or part thereof shall be erected or altered in the MII District unless the same conforms to the Bulk Schedule and Parking and Loading Schedules incorporated into this chapter by reference, with the same force and effect if such regulations were set forth herein in full." The minimum lot size required in the MR District, according to the bulk schedule, is 80,000 square feet. As a result of the proposed lot line change, SCTM#56.4-22, a non-conforming 48,352 square foot lot, will remain non-conforming with a new lot size of 68,529 square feet. The prgposed lot line change will also require approval from t outhol ow nnm oard. i Note to Applicant:Any change or deviation to the a/verefferenc applica 'on require additional review from the Southold Town Building Departme t. Auth ed Signa i� Fee:$ Filed By Assignment No. RECEIVED rt APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALJEB 2 2 201 AREA VARIANCE ' State ZONING BOARD OF APPEALS House No.64755 Street Route 25 Hamlet Greenport SCTM 1000 Section 56 Block 4 Lot(s) 22 Lot Size 46,309 Zone MII (Marine II) sq. ft. I(WE)APPEAL THE WRITTEN DETERMINATION OF TT�ILDING INSPECTOR DATED 11/27/17 and BASED ON SURVEY/�XOWN TED 10/24/17 Renewed 2/13/18 Owner(s): Chloem, LLC MailingAddress: P.O. Box 1802, Southold, NY 11971 Telephone: (631)767-6075 Fax:(631)765-6253 Email: southoldfishmkt@gmail.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent,architect, builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Lark & Folts, Esgs. for g)Owner( )Other: Address: 28785 Main Road — P.O. Box 973, Cutchogue, New York 11935 Telephone:(631)734-6807 Fax:(631)734-5651 Email: larkandfolts@aol.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (X)Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/KMMUIUN LAST DATED 10/24/17 and DENIED AN APPLICATION DATED 11/14/17 FOR: (•)Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction (K) Other: Re—subdivision (Lot Line Modification) Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XXII Section: 280 Subsection: 56 Type of Appeal. An Appeal is made for: (X)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( )has, (X)has not been made at any time with respect to this property,UNDER Appeal No(s). 6322&6608 Year(s). 2009 & 2012 . (Please be sure to research before completing this question or call our officefor assistance) 1 Name of Owner: Richard Ehrlich ZBAFile# 6322 (see attached) (�#1) _Name of Owner: Chloem, LLC ZBA File #66 RR (see attached) (#2). Your applicant as contract vendee is requesting from the Southold Town Zoning Board of Appeals a variance from the lot size area requirements of 80,000 sq. ft. in a Marine II District in order to purchase 20,177 sq. ft. of vacant property. —1— RECEIVED 1 Your applicant's property presently contains 46, 309 sq. ft.FEB 22 201 (SCTM 01000-56-4-22) and by adding the adjacent property of 20, 177 sq. ft. will make a total of 66, 486 sq. ft. of area. As s ta2WINMMARD OF APPEALS variance is necessary for the applicant in conjunction with the adjacent property owners, Sharon Patterson and Edwin Fishel Tuccio to obtain a lot line modification from the Southold Town Planning Board to add this parcel to your applicant' s property. The adjacent property is part of a larger parcel containing 1,212, 603 sq. ft. (SCTM #1000-56-4-24) and will require a lot line modification to separate and add this adjacent vacant parcel to your applicant' s property. Your applicant' s property contains an active business known as Southold Fishing Market. Acquiring this adjacent parcel will be beneficial space for additional off street parking. Another benefit would be allowing your applicant 'to maintain permanent clear site lines for vehicles exiting the Southold Fish Market parking lot. This is important because State Route 25 is heavily traveled and due to the curvature of the road in this area, clear site lines are important for exiting vehicles . Presently the adjacent owners have given permission to clear, plant and maintain grass in the front yard area to allow the Southold Fish Market customers to have a safer view of State Route 25 when exiting -the parking lot. REASONS FOR APPEAL: 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: there will be no change to the operation and use of the nearby properties by the acquisition of 20, 177 sq. ft. of vacant land to be added to your applicant' s property. Your applicant' s property which is, occupied by Southold Fish Market contains 46, 309 sq. ft. ; the parcel to the east owned by Joseph Mitrani contains approximately 15, 625+ sq. ft. and is used for the making and selling of pottery; the other land immediately to the east and the west of your applicant' s property is part of a larger parcel owned by Sharon Patterson and Edwin Fishel Tuccio contains 1,212, 603 sq. ft. ; the parcel immediately to the west of the parcel being acquired is owned by Steven Sponza and Elizabeth Stathis contains 21, 500+ sq. ft. and is used for the Wego Fishing Bait & Tackle store; and the property to the south of State Route 25 is occupied by Peconic Bay Yacht Club which contains a large catering hall and marina. As seen from a casual observation the addition of the proposed parcel of land will not cause any change to the existing uses or be a detriment to these neighboring properties . 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: your applicant' s property is zoned Marine II which requires 80, 000 sq. ft. minimum lot size. Your applicant' s property lot size is preexisting, containing 46, 309 sq. ft- The addition of the 20, 177 sq. ft. will increase the area to 66, 486 sq. ft. which is still undersized for Marine II District thereby requiring an area variance to allow Chloem, LLC to acquire this property, and for the Planning Board to be able to grant a lot line modification. -2- 3. The amount relief requested is not substantial because: your applicant' s property contains 46, 309 sq. ft. and the current zoning minimum lot size requirement for Marine II District is 80, 000 sq. ft. Therefore, your applicant' s existing property is 42 . 10 less than the required lot size. Your applicant by acquiring the 20, 177 sq. ft. and adding it to your applicant' s existing property will increase it to 66, 486 sq. ft. which is still 16. 9% deviation from the existing zoning requirement of 80, 000 sq. ft. The granting of the variance will decrease the lot size deviation by 20.3% . 4 : The variance will NOT have an adverse effect or impact on the physical or environmental conditions -in the neighborhood or district because there is no evidence that indicates that adding 20, 177 sq. ft. of vacant land on the westerly boundary of your applicant's property will have any adverse effect or impact on the physical or environmental conditions in the neighborhood. 5. Has the alleged difficulty been self-created? ( ) Yes, or (X) No Why: It is submitted pursuant to present zoning there is no self-created hardship concerning the minimum lot size zoning requirements in this Marine II District in that your applicant' s parcel is preexisting. If the variance is denied, there will be no change in your applicant's tenant' s fish market operations on this preexisting non-conforming lot. However, if the application is approved, the addition of 20, 177 sq. ft. will allow your applicant to expand an off street parking area on the additional property as well as to be able to permanently control the front yard area keeping it preferably in grass to allow clear site lines of oncoming traffic. The point being if the variance is granted it will have only a positive effect. Are there any Covenants or Restrictions concerning this land? (X) No ( ) Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. CHLOEM, LLC By UN, N Signature of Applicant or Authoriz Agent (Agent must submit written Authorization from Owner) Charles A. Manwaring, Jr. , Member/Manager RECEIVED � p Sworn to before me this FEB 14th day of February, 2017 '01\11VG BOARD OF APPEALS 9 Notary Public BARBARA DIACHUN Notary Public, State of New York No 01D14635190-Suffolk County Commission Expires Oct.31,20i9 —3— RECEIVED Office LocatioOF sl MailingAddress:FEB 2018 n: �� ly�l0 Town Annex/First Floor,Capital One Bank 41 53095 M 60ARD OF APPEALS 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 Southold,NY 11971-0959 http://southoldtown_northfork.net BOARD OF APPEALS O TOWN OF SOUTHOLD - Tel.(631)765-1809 Fax(631)765-9064 Ic1.vn Clef; FINDINGS, DELIBERATIONS AND DETERMINATION MEETING DATE: OCTOBER 22, 2009 ZBA#6322: RICHARD EHRLICH, Applicant Property Location: 64755 Main Road, Greenport CTM Parcel: 1000-56-4-22 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Unlisted Action category of the State's List of Actions, without an adverse effect on the environment if the project is implemented as planned. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated July 31, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicant's property is situated in the Marine M-II Zone District with +/- 300 feet fronting along the Main Road and is improved with a single-story framed tavern building shown on the November 19, 1986 survey by Roderick Van Tuyl, P.C. BASIS OF APPLICATION: Request for a Special Exception for Restaurant Use in an existing building under Town Zoning Code Section 280-55-B(1). ADDITIONAL; INFORMATION: The existing building has been a restaurant since 1969 and described on the 1986 survey by Roderick VanTuyl and the Building Department records as a tavern. In 1985 the building was renovated and expanded and received a site plan review and, approval from the Planning Board on May 10, 1985 and a Certificate of,Occupancy(No. Z14501)from the Town Building Department and approval by the Suffolk; County Department of Health. In 1994 the zoning map was amended and the property was re-zoned from B General Business to Marine M-II. A Restaurant is a permitted use by Special Exception in the Marine M-11 Zone. Because the restaurant operations were discontinued and the building vacated, the pre-existing, as of right restaurant u4b was discontinued and the building fell into disrepair. A special exception permit is required to re-open the restaurant. Written comments were received by the Board of Appeals on August 18, 2009 from Martin Sidor, Chairman of the Planning Board-regarding this application and confirming the 1985 site plan approval for the use _ L--ff — Page 2—Octdber 22,2009 ZBA#l'6322-RICHARD EHRLICH Property Location:64755 Main Road, Greenport CTM Parcel: 1000-56.4-22 RECEIVED as a restaurant. FEB 2 FINDINGS OF FACT ZONING BOARQ OFAPPEALS The Zoning'Board of Appeals held a public hearing on this application on October 1, 2009 at which time written and oral evidence was presented. Based upon all testimony, documentation, personal inspection of the property and the area, and other evidence, the Zoning Board finds the following facts to'be true and relevant REASONS FOR BOARD ACTION: After review of the requirements set forth pursuant to Chapter 280 -55-B1 governing restaurant uses by Special Exception review, and on the basis of testimony presented and personal inspection, the Board finds: 1. A restaurant is a permitted use in this Marine M-11 Zone under Section 280-55-B(1) of the Town Zoning Code, subject to special exception authorization of the Zoning Board of Appeals. In this review the Board determines that a restaurant use is in harmony with the zoning ordinance and will not adversely affect the neighborhood when meeting the code requirements. 2. In addition, the Board has reviewed the General Standards governing Special Exception uses set forth in Section 280-142 and finds that: A) Thle use of the property as a restaurant in the proposed renovated building will not prevent the orderly and reasonable use in this zone district and adjacent districts. B) This use will not prevent orderly and reasonable use of permitted or legally established uses in this zone district or adjacent use district. C) The safety, health, welfare, comfort, convenience, and the order of the town will not be adversely affected by the proposed use and its location. D) The use will be in harmony with and will promote the general purposes and intent of the Code. E) Thd use is compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. F) The structures, equipment and material will be accessible for emergency protection. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Chairman Goehringer,and duly carried, to + - --- -- RECEIVED 1 I I Page 3—October 22,2009 FEB 2018 ZBA#6322- RICHARD EHRLICH ZN BOARD OF APPEALS Property Location: 64755 Main Road, Greenport CTM Parcel: 1000-5 GRANT the Special Exception for a Restaurant Use, as applied for, SUBJECT TO THE FOLLOWING CONDITIONS: 1. There shall be no increase in the number of seats or intensity of use as previously granted by the Planning Board. 2. There shall be no change to the site other than what was approved by the Planning Board. 3. There shall be no changes to the (nonconforming) setbacks and height of the existing building. Minor changes to the roofline and the addition of a cupola are permitted so long as they that do not increase the height of the existing roof ridge (within the nonconforming setbacks). ' 4. All garbage generated by the restaurant shall be contained on-site in dumpster(s) that are visually screened and housed in a fenced in area with proper rodent control. '5. Evergreen privacy screening at a minimum of 4 or 5 feet in height shall be planted along the easterly and westerly property lines, not closer than 40 feet from the front property line adjacent to the road, and shall ti be continuously maintained. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and,other features as are expressly addressed in this action. - Vote of the 'Board: Ayes: Me .ger rman), Weisman, Simon, and Schneider. (Absent was er Homing.) esol w duly adopted 4-0. A !MprovE P. Goe ringer, Chairman 10/30 /2009 d for Filing i t, BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson *%f souryo 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Homing54375 Main Road(at Youngs Avenue) Ken Schneider 23i�CoU Southold,NY 11971 RECEIVE® http://southoldtown.northfork.net ZONING BOARD OF APPEALS FEB 2 2 2018 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Tel.(631)765-1809•Fax(631)765-9064 PC�E D D ? J2 FINDINGS,DELIBERATIONS AND DETERMINATION �C MEETING OF DECEMBER 20,2012 So ply Town Cler I ZBA FILE No.: 6608 SE ' NAME OF APPLICANT: Chloem,LLC SCTM# 1000-56-04-22 PROPERTY LOCATION: 64755 Main Road(aka NYS Rte 25),Greenport,NY SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions,without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated November 29, 2012 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject parcel consists of 46,309 square feet in the Marine 11 (M-11)Zone District. It has 300+/-feet of frontage along Main Road(SR 25),200 feet along the eastern boundary, 187.11 feet along the northern boundary and 200 feet along the western boundary. The parcel is improved with a one story frame building. All as shown on the Survey prepared by John Metzger,L.S., last revision dated Oct 26 2012(offsets added). BASIS OF APPLICATION: Request for Special Exception per Code Section 280- 55B (5) to operate a Fish Market with combination of wholesale and retail sale of finfish and shellfish. RELIEF REOUESTED: The applicant proposes to renovate and covert the existing structure from a restaurant to a proposed fish market with an accessory prepared seafood take-out/eat-in area consisting of four(4)tables with a maximum of 16 seats. ADDITIONAL INFORMATION:The Southold Fish Market has,for the past 50 years,been located at the Port of Egypt Marina in Southold.The applicant had worked at the Southold Fish Market since 1987.The applicant acquired the business from the prior owner in 1999 where and 40-� -71 W REC6�RVED Page 2 of 4—December 20,2012 FEB 2 `y 2 01 8 ZBA File#6608—Ch;oem,LLC SUM:1000-56-4-22 -701VING BOARD OF APPEALS when he maintained the Fish Market operations. The lease agreement between the Southold Fish Market (tenant) and Port of Egypt (landlord) was not renewed. The applicant then purchased the subject parcel primarily because it is zoned Marine H which permits a Fish Market by Special Exception. There are letters of support for this application submitted by Braun Seafood Co. (a Fish Market business similar to what the applicant proposes) and by the adjoining property owners to the east. There was testimonial support during the public hearing by a member/spokesman of the Town of Southold.Baymen's Association. There is no recorded opposition to what the applicant requests. The existing structure and property has not been used in several years and its deteriorating condition has created a visible negative impact to the character of this neighborhood and- community. The existing structure received Special Exception approval for a restaurant by the Zoning Board of Appeals application file#6322 dated 10/22/2009, which is hereby replaced by this determination. Comments received from the Town of Southold Planning Board dated November 27, 2012 state that an amended site plan application is not required because the proposed fish market with accessory prepared seafood take-out/eat in area does not create any intensification of use of the previously approved site plan for an 80 seat restaurant, and the site plan will not be significantly changed in its conversion to a fish market use. At the public hearing on December 6, 2012, the applicant's agent testified that the request from the Planning Board for receipt of a photometric lighting plan has already been submitted to them,and that other safety methods they recommend, such as ingress/egress, signage, and a no parking area in the front,appear on the site plan submitted to the ZBA. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on December 6,2012,at which time written and oral evidence were presented. Based upon all testimony,documentation, personal inspection of the property,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: The Board has reviewed the General Standards governing Special Exception uses set forth in Section 280-142 and finds: A. That the use of the parcel and structure(s)as a Fish Market with an accessory prepared seafood take-out/eat-in area will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts. B. That the use will not prevent the orderly and reasonable use of permitted or-legally established uses in the district wherein the requested use is located or of permitted or legally established uses in adjacent use districts C. That the safety,the health,the welfare,the comfort, the convenience or the order of the town will not be adversely affected by the proposed use and its location. J RECEIVED FEB 2 2 2018 + Page 3 of 4—December 20,2012 ZBA File#6608—Ch;oem,LLC ZONING BOARD OF APPEALS SCTM: 1000-56-4-22 D. That the use will be in harmony with and promote the general purposes and intent of this chapter. E. That the use will be compatible with its surroundings and with the character of the neighborhood and of the community in general, particularly with regard to visibility;scale and overall appearance.The existing structure and landscape has not been used in several years and its deteriorating overall maintenance has created a visible negative to the character of this neighborhood and community. The applicant proposes to renovate the structure and landscape as per an approved site plan which will improve the visibility and appearance, creating a compatible appearance to the character of this neighborhood and community. F. That all proposed structures, equipment and material shall be readily accessible for fire and police protection. BOARD RESOLUTION: In considering all of the above factors, motion was offered by Member Schneider,seconded by Member Goehr'snger,and duly carried to GRANT,a Special Exception, as applied for,and shown on the Survey prepared by John Metzger, L.S., last revision dated Oct.26,2012 and the architectural drawings prepared by D.A.K. Associates LLC sheets S1,A101,Al 02,A103,A201 and A202 all dated Oct. 16,2012. SUBJECT TO THE FOLLOWING CONDITIONS: 1. No increase in the size,scope or intensity of the proposed 4 table/16 seat prepared seafood take-out/eat-in area is permitted. Should the applicant do so,the Board of Appeals may,by its own motion,call for a public hearing to consider the revocation of this Special Exception permit and/or the need for additional relief from the code for two uses on the subject property. 2. The proposal shall comply with the requirements of Chapter 236,Stormwater Management. The Special Exception Permit granted herein may involve a change in occupancy or a change in use or a change within a classification of the occupancy. Therefore, as a condition of approval, the applicant must contact the Building Department to make the determination whether or not a Building Permit is required and that changes will be NYS Code compliant. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any violations of the conditions, occupancy or other requirements described herein, may require a public hearing before the Zoning Board of Appeals to review potential action to revoke the Special Exception permit as granted herein. REC E IVED ,} Page 4 of 4—December 20,2012 FEB �o f ZBA FAe#6608—Ch,oem,LLC sCTM:1000-56-4-22 70NING BOARD 01 APPEALS Yote of the Board. Ayes:Members:Horning, Weisman(Chairperson).Dinnio,Schneider, Goehringer This Resolution was duty adopted(5-0) \'Pr Leslie Kanes Weisman,Chairperson Approved for filing /),_/ Z6 /2012 R-1ECE'1V(EeD 43 FEB 2 2 2098 APPLICANT'S PROJECT DESCRIPTION ZONING BOARD OF APPEALS APPLICANT: Chloem, LLC DATE PREPARED: February 14, 2018 1.For Demolition of Existing Building Areas Not applicable Please describe areas being removed: H.New Construction Areas (New Dwelling or New Additions/Extensions): Not applicable Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed?If yes,please provide height(above ground) measured from natural existing grade to first floor: III.Proposed Construction Description(Alterations or Structural Changes) Not applicable (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: 2,780+ sq. ft. Proposed increase of building coverage: 0 Square footage of your lot: 46.309 sq. f t. Percentage of coverage of your lot by building area: 6% V.Purpose of New Construction: None VI.Please describe the land contours (flat,slope %,heavily wooded,marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Basically flat except slight slope from parking lot to northerly property line. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 ■ x-rw-"' + -{gyp '' Z' - �fx.. j_ AlAs MARKET 77 Eta , 1 � ,.., r •o Y•.R•v •`ice'\ �!�_�.�. •r \ L II 3:^+a y. •• y,". �, \ psi •fi .� \Q41. l d Fyy :.� , a1L.� j �.� ��,i..,. '�S. e.''� ,. `�4��v�.k, �i�tS, T� � E�.,�f27y!k- `•y }1�����1'« • r yg s.� "��\�Jw 9• ilk R\b so Y ^ a 1 1, or �� it •. '1 ' {v.Y,: (,: . .► to 4 +-ate !/ i � ! ' :�1� �.,�I i' i�tl e.��: �� .r r'� _ ,. k } 1,..? t;, r~ 1i�. �iiG',: ww.. � ��� . � � �:� �. dt� i`,a.Ili�� -, .. ��� to��4�'�-+' � � � �� { E,-, '� �.4., � ,. __ .. � r. ,,,, � � .s �.. i.� .. _ �t. �� ,_, 7�5--". . ,_ $W� t«t ,. _. �pw _ ., _...;:.. � ` ., -� JUFle 45 RECEIVED FED 1gP ZONING BOARD Ut APPEALS u .. b vim...—uwr Standing in parking area looking at westerly property line. D. Ure 6 � (CoCa RECEIVED FEB 2 2 2m ZONING BOARD OF APPEALS a� k � r . i 'k Psi p- 1,71 Standing in exit driveway looking southwesterly at State Route 25 and Peconic Bay Yacht Club. q UESTIONNAIRE Q FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? FEB 2 2 2018 Yes X No ZONING BOARD OF APPEALS B. Are there any proposals to change or alter land contours? x No Yes please explain on attached sheet. Tax Lot 24 - Yes C. 1.)Are there areas that contain sand or wetland grasses? Tax Lot 22 — No 2.)Are those areas showon the survey submitted with this application? Yes 3.) Is the property bulk headed between the wetlands area and the upland building area? No 4.) If your property contains wetlands or pond areas, have you contacted the Office of the Town trustees for its determination of jurisdiction?N/A Please confirm status of your inquiry or application with the Trustees: N/A and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? No Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: N/A G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Southold Fish Market and the proposed use same (ex: existing single family,proposed: same with garage, pool or other) G A�M, G BY 2/14/18 Authorized signature and Date Charles A. Manwaring, Jr. , Member/Manager r• FORM NO.4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector RECEIVED Town Halt Southold,N.Y. FEB 2 2 2018 ZONING BOARD OFAPPEALS Certificate Of Occupancy No. .Z14501. . . . . . . . . Date . JIgY. 2 . . . . . . . ... . . . . . . . . . . .. .. 19 . 86 THIS CERTIFIES that the building . . . . . . . . .ADDITION AND REMODELING . 64755 MAIN ROAD GREENPORT Location of Property . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . .�. House No. Sireec �Ham/e[ County Tax Map No. 1000 Section . . .0.5 6. , . . , ,Block . . . . . .4 4. . . . . ..Lot . . . ? . .. . . . . . . . Subdivision . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .Filed Map No. . . . . . . . .Lot No. . . . . .. . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated ,April. 3, , , , _ , , , , , 19$?.pursuant to which Building Permit No. . .1.3918Z. . . . . . . . . . . . . dated . . . M-aY. . .7. . . . . . . . . . . . . . . . . 19 .85,was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued,is . . . . . . . . . REMODEL AND ADDITION TO EXISTING RESTAURANT. The certificate is issued to ,VIOLET AND LARRY TUMINELLO (owner,�el3seYolX of the aforesaid building. Suffolk County Department of Health Approval . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE NO. N716550-air ,canditioning, N7565,07, other. work PLUMBERS CERTIFICATION 7/1/86 Building Inspector Rev.1/81 Town of Southold Annex 9/18/2013 P.O.Box 1179 54375 Main Road RECEIVE® 'ffi Southold,New York 11971 FEB -- ------ - - — Zot4MG g ALS CERTIFICATE OF OCCUPANCY No: 36514 Date: 9/18/2013 THIS CERTIFIES that the building ADDITION/ALTERATION Location of Property: 64755 Route 25,Greenport, SCTM#: 473889 Sec/Block/1 ot: 56.4-22 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore Filed in this officed dated 11/15/2012 pursuant to which Building Permit No. 37671 dated 12/7/2012 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: additions and alterations to an existingbuilding uilding for a fish market as applied for per ZBA#6608,dated 12/20/12. The certificate is issued to CHLOEM LLC (OWNER) --- - of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 37671 9/17/13 PLUMBERS CERTIFICATION DATED 9/18/13 Dinizio Plumbing&Heating ^- - t riz ignatu e 4S 1 j AGRICULTURAL DATA STATEMENT RECEIVED�p ZONING BOARD OF APPEALS CEIVE® TOWN OF SOUTHOLD FEB 2 p 2018 WHEN TO USE THIS FORM: This form must be completed by the appl bmbp(vS permit, site plan approval,use variance, area variance or subdivision approval on property#ffin an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Chloem, LLC 2. Address of Applicant: P.O. Box 1802, Southold, NY 11971 3. Name of Land Owner(if other than Applicant): N/A 4. Address of Land Owner: N/A 5. Description of Proposed Project: Acquire 20,177 sq. ft of vacant land (P/0 SCTM #1000-56-4-24) to be added to applicant's property (SCTM #1000-56-4-22) 6. Trot ten of Property: (road and Tax map number) oute 25, Greenport, New York (SCTM #1000-56-4-22) 7. Is the parcel within 500 feet of a farm operation? { } Yes {X} No 8. Is this parcel actively farmed? { } Yes { } No N/A 9. Name and addresses of any owner(s) of land within the agricultural district.containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. N/A NAME and ADDRESS 1. 2. 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) GH LLC By a 2 / 14 / 18 Signature of Applicant Charles A:Manwaring, Jr. , Date Note: Member/Manager 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the ,application is submitted for review. RECEIVED Short Environmental Assessment Form FEB 2 2 2018 Part 1 -Project Information Instructions for Completing BONING BOARD OF APPEALS Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Name of Action or Project: Lot Line Modification for Chloem,LLC Project Location(describe,and attach a location map): State Route 25,Greenport,New York(SCTM#1000-56-4-22) See attached tax map. Brief Description of Proposed Action: Obtain approval to transfer 20,177 sq ft.of adjacent vacant land owned by Sharon Patterson and Edwin Fishel Tuccio(SCTM#1000-56-4-24) from parcel which contains 1,212,603 sq ft to be added to property owned by Chloem,LLC(SCTM#1000-56-4-22)which presently contains 46,309 sq ft thereby increasing Chloem,LLC's property to 66,486 sq ft Name of Applicant or Sponsor: Telephone: 631-767-6075 Chloem,LLC E-Mail: southoldfishmkt@gmail.com Address: 1225 Seawood Drive,P O Box 1802 City/PO: State: Zip Code: Southold New York 11971 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes, list agency(s)name and permit or approval: Southold Town Planning Board ❑ V 3.a.Total acreage of the site of the proposed action? 66,486 sq ft acres b.Total acreage to be physically disturbed? o acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 46,309 sq.ft.acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban El Rural(non-agriculture) ❑Industrial m Commercial El Residential(suburban) ❑Forest ❑Agriculture El Aquatic ❑Other(specify): ❑Parkland Page 1 of 3 A RECEIVED a 1 6 u0 5. Is the proposed action, �EB 01� NO YES N/A a.A permitted use under the zoning regulations? ❑ ❑✓ ❑ b.Consistent with the adopted comprehensive plan? ZONING BOARD OF APPEALS ❑ ❑✓ ❑ 6. Is the proposed action consistent with the predominant character of the existing built or natural NO YES landscape? ❑ ❑Z 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO IBES If Yes,identify: FV1 El 8. a.Will the proposed action result in a substantial-increase in traffic above present levels? NO YES ❑✓ ❑ b.Are public transportation service(s)available at or near the site of the proposed action? ❑ c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? ❑✓ ❑ 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ❑ ❑ 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: ✓❑ ❑ 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: ❑ 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? ❑✓ ❑ b.Is the proposed action located in an archeological sensitive area? ❑✓ ❑ 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑ If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑Shoreline ❑Forest ❑Agricultural/grasslands ❑Early mid-successional Z Wetland El Urban ®Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? ❑✓ ❑ 16.Is the project site located in the 100 year flood plain? NO YES 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, � E]a.Will storm water discharges flow to adjacent properties? [:1 NO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO ❑YES Page 2 of 3 ti 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: ❑ ❑ 19.Has the site of the proposed action or an adjoining property been the location of an active or closed NO YES solid waste management facility? If Yes,describe: Fv—/] ❑ 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: W1 ❑ I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sp o�Chloem,LLC Date: February 14,2018 Signature: -07i RECEIVED ✓f � �(Q FEB 2 �6 20181 ZONING BOARD OF APPEALS PRINT FORM Page 3 of 3 tv Agency Use Only [If applicable] Project• Date: RECEIVED Short Environmental Assessment Form Part 2 -Impact Assessment FEB 9 2 2018 ZONING BOARD OF APPEALS Part 2 is to be completed by the Lead Agency. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning ❑ Elregulations? 2. Will the proposed action result in a change in the use or intensity of use of land? ❑ ❑ 3. Will the proposed action impair the character or quality of the existing community? ❑ ❑ 4. Will the proposed action have an impact on the environmental characteristics that caused the El E]establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or El 1:1affect existing infrastructure for mass transit,biking or walkway? 6 Will the proposed action cause an increase in the use of energy and it fails to incorporate El reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: ❑ ❑ a.public/private water supplies? b.public/private wastewater treatment utilities? ❑ ❑ 8. Will the proposed action impair the character or quality of important historic,archaeological, El El or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, El Elwaterbodies,groundwater, air quality,flora and fauna)? 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage El 1:1problems? 11. Will the proposed action create a hazard to environmental resources or human health? ❑ ❑ PRINT FORM Pagel of 2 Agency Use Only[If applicable] Project: Date: RECEIVE® Short Environmental Assessment Form FEB 2 2018 Part 3 Determination of Significance TONING BOARD OF APPEALS For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3.Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting, probability of occurring,duration,irreversibility,geographic scope and magnitude Also consider the potential for short- term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ElCheck this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) PRINT FORM Page 2 of 2 # 7 Board of Zoning Appeals Application -71/„tD RECEIVED AUTHORIZATIONAUTHORIZATION FEB 2 k 2018 (Where the Applicant is not the Owner) 2®NING BOARD OF APPEALS 3 Waterview Court I, Sharon Patterson residing at Riverhead,New York 11901 (Print property owner's name) (Mailing Address) do hereby authorize Richard F. Lark, Esq. (Agent) of Lark &Folts,Esqs. to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. A ), ? (Owner's Signature) Sharon Patterson (Print Owner's Name) Board of Zoning Appeals Application -71 AUTHORIZATION RECEIVED (Where the Applicant is not the Owner) FEB 2 2 2018 ZONING BOARD OF APPEALS 193 Griffing Avenue I, Edwin Fishel Tuccio residing at Riverhead,New York 11901 (Print property owner's name) (Mailing Address) do hereby authorize Richard F. Lark, Esq. (Agent) of Lark&Folts, Esqs. 'to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Edwin Fishel Tuccio (Print Owner's Name) a . RECEIVE® .� FEB 2 20�� APPLICANT/OWNER 20NING BOARD OF APPEALS TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Chloem, LLC (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning f Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe-the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted th' 14th day/ofFebruary,20 18 Signature Print Name Charles A. Manwaring, Jr. , Member/Manager • N ��� f RECEIVE® FEB 2 2 29 1B APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM ZONING BOARD Of:APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Manwaring, Jr. , Charles A. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this /14th day ofFebruary,20 18 Signature Print Name Charles A. Manwaring, Jr. APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Patterson Sharon (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) -71�p TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit RECEIVED Variance ✓ Trustee Permit Change of Zone Coastal Erosion FEB 201 Approval of Plat Mooring Other(activity) Planning ZONING BOARD OF APPEALS Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ✓ If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this a of ��`' ,2017 Signature Print Name Sharon Patterson APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Tuccio Edwin F. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such T as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) RECEIVED Tax grievance Building Permit FEB Variance V11TrusteePermit Change of Zone Coastal Erosion QiVING BOARD OF App Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship" includes by blood,marriage,or business interest. "Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO ✓ If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted i 60 of N a ,2017 Signatur Print Name Edwin Fishel Tuccio RECEIVE® AGENT/REPRESENTATIVE FEB 2 2 2018 TRANSACTIONAL DISCLOSURE FORM 10NING BOAR®OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME : Lark, Richard F. (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance g Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5%of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 14th day ofFebruary,20 18 Signature Print Name Richard F. Lark / 4 DECEIVED AGENT/REPRESENTATIVE FEB S% 2018 TRANSACTIONAL DISCLOSURE FORM ZONIMG BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees.The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOURNAME : Folts, Mary Lou (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 14th day ofFebruary,20 18 Signaturee//�/djGt%��,� Print Name Mary Lou Folts Town of Southold RECEIVE® FEB 2018 LWRP CONSISTENCY ASSESSMENT FORM ZONING BOARD OF APPEALS A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program.. A proposed action will -be evaluated asto its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- sumorting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000 - 56 - 4 - 22 PROJECT NAME Lot Line Modification for Chloem,. LLC The Application has been submitted to(check appropriate response): Zoning Board of Town Board ❑ Planning Board❑ Building Dept. ❑ imksmstm ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: •x❑ Nature and extent of action: Obtain approval to transfer 20,177 sq. ft. of adjacent vacant land owned by Sharon Patterson and Edwin Fishel Tuccio (SCTM #1000-56-4-24) from parcel which contains 1,212,603 sq. ft. to be added to property owned by Chloem, LLC (SCTM #1000-56-4-22) which presently contains 46,309 sq. ft. thereby,increasing Chloem, LLC's property to 66,486 sq. ft. Location of action: . State Route 25, Greenport, New YorkRECEIVED Site acreage: 46,309 sq. ft. gra 7n9a b w � v Present land use: Southold Fish Market ZONING BOARD n*nnnEA LS Present zoning classification: Marine II District (MII) 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Chloem, LLC (b) Mailing address: P.O. Box 1802, Southold, NY 11971 (c) Telephone number: Area Code( ) (631) 767-6075 (d) Application number, if any: None Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No 0 If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑x Yes ❑ No ❑ Not Applicable Will allow additional off street parking and provide clear sight line for exiting the property. Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III-Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No 0 Not Applicable I Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes 0 No ® Not Applicable ggECE1VED FEB �OMJNG BOARD OF APPEALS Attach additional sheets if necessary NATURAL COAST,POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes F� No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No ®Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes No® Not Applicable RECEIVED rrp 2- 9011 ZONING Bi1Al )OF APP€ALS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No❑X Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ No 0 Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES t` Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No X❑ Not Applicable •V. j 'V' MH �RB 9lC@� y 61. 9LlW c 20NING Ronan nF nppFap�S Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. El Yes F] No 0 Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable Authorized PREPARED BY Richard F. Lark, Esq. TITLE Representative DATE 2/14/18 Amended on 811/05 SCTM # 0 00 56 - - zz- TOWN OF SOUTHOLD PROPERTY RECORD CARD- -q OWNER STREET (6 L4-7S-5 VILLAGE DIST: SUB. LOT in fir- �- -- � � ACR. 1 . RE�LI A S NttlCfak t3-�o�we11 L�5 7712 L TYPE OF BLD. M r 1 �;reek UC al APROP. CLz - L 70 -AII Ir- oem L Z-C cl r cl� L4-S� AND IMP. TOTAL DATE Tx '2-0 I'S &-Zoe> 17 1 �2 -o c) 100-6 to 71 7 Lz�0(,15� FRONTAGE ON WATER HOUSE/LOT BULKHEAD • TOTAL . t�„ =F�H w_. i ,. . Iii■i■ii■■■■■■■■■■■■■■■■■■■■■ . �.,. h. , f.5.. ' � (J` ■■■■■■iiiii■■■■■■■■■■ii;�!�■■■ '. 5 .� � � ❑ � �,��,��rt.�' . j . ..Y: r Iii■■■■■■■■■■■■■ilk■e■►.i�■■Sim■■ •� r. - ° Iii■fii�iri�:�ii:�■■■■I�iii■I�e.■■i■■■ . ._ ,, } ' � Ilii■■■e■■■iii:■ �:..���:I�■■■■■■ ANN ■iie i■iii■■■■■■Y■[��Ii■I■■■■■■■ ■ie■■■■■■■■iii■■■iii a■I�i �!!1i - - I■■■■Q■i■i■i■■■■■iiit�Ti�il.�`�i■■ EN PC CB _,.-_-.._--- ." 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[ =k s=.^'.,t`.R,r,,.t _ ,s, - .�•J ,J �,, � t r.r,'Y i.,*9• „�'yt:t•';(}�r;!�,i;:1'<ri a'e,ir ,>.,} 1';� •:�x"t i• f' ',, ;"` 1�y�} i 7,.,i:...y� ,;:;:,�'.,r$ 0l7. _ e:�agv-,.f7iri'•�•^_ - �4 �''�'�•�,S'�,,` , �`f'•. ism 411„� "�';:1":i'ie,'.B.�iy1.�1J�,J. ,a., A ' SCTm-# _ TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET 5 VILLAGE DIST SUB. LOT ✓on 41@.�.rD✓1 z teen rt- 10 ACR. REMRKS 411109 QP#- 33815 "as bl6 lfeje&ic work TYPE OF BLD. - � 1 z-L I Z'1 Z (4CG o tono T o ear76 A) E-6w i f) F. I SCG iO PROP. CLASS P�JI SOR o W p - Z b0-�a� � .1ti ori- c - C -SAND IMP. TOTAL DATE 41000 a Goo " 7aro ,/ acs ok oo 370o g v 27 za o a ZzNJ o FRONTAGE ON WATER HOUSE/LOT BULKHEAD TOTAL W'7: 74 VILLAGE DIST. SUB. LOT 77 IT U- '�09MER qWNERE ACR. LU 0 5 Ila- 0 U _� r S W VE TYPE OUILDING J7 J-- /--7 LL- LD 1E RES. SEAS. VL. FARM COMM. CB. MICS. Mkt. Value 0 N �Lrm,113 \pj IMP. • TOTAL DATE REMARKS y 3,7o If 69 94%A-0 0 0 0 A, f/ ra On '7 zg�2 r- 0.7 1 .9 64 1) o 1) 0 0 a P./"�11V SLA.) 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RECEIVED LARK&FOLTS FEB 2 Attorneys at Law ���� 28785 MAIN ROAD ZONING BOARD OF APPEALS PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No.(631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: LarkandFolts@aol.com February 20, 2018 Ms . Kim Fuentes Zoning Board of Appeals Town of Southold 54375 Main Road - P.O. Box 1179 Southold, NY 11971 RE: Chloem, LLC 64755 State Route 25, Greenport, New York (SCTM #1000-56-4-22) Dear Ms . Fuentes : On behalf of Charles A. Manwaring, Jr. , Member/Manager of Chloem, LLC, I am enclosing an original and eight copies of the following: 1 . Notice of Disapproval dated November 27, 2017 and renewed February 13, 2018 2 . Application to the Southold Town Board of Appeals with attached prior (#1) ZBA File #6322 and (#2) ZBA File #6608 SE 3 . Applicant ' s Project Description with attached photos 4 . Questionnaire with attached Certificates of Occupancy 5 . Agricultural Data Statement 6. Short Environmental Assessment Form 7 . Authorizations of Sharon Patterson and Edwin Fishel Tuccio 8 . Applicant/Owner Transactional Disclosure Forms of Charles A. Manwaring, Jr. , Member/Manager of Chloem, LLC, Charles A. Manwaring, Jr. , Sharon Patterson and Edwin Fishel Tuccio 9 . Agent/Representative Transactional Disclosure Forms of Richard F. Lark and Mary Lou Folts Ms . Kim Fuentes -2- February 20, 2018 Zoning Board of Appeals RECEIVED?U FEB 2 2 2018 10 . LWRP Consistency Assessment Form ZONING BOARD OF APPEALS 11 . Survey of Property by Peconic Surveyors, P.C. last dated Aug. 22, 2012 (Tax Lot 22) 12 . Survey of Property by Nathan Taft Corwin III Land Surveyor last dated February 20, 2018 (Tax Lot 22 and Tax Lot 24) 13 . Town of Southold Property Record -Cards (Tax Lot 22 and Tax Lot 24) 14 . Check payable to Town of Southold in the amount of $500 . 00 for the filing fee If there is anything else you need, do not hesitate to contact me. Very truly yours, Achard�FLark RFL/bd Enclosures N/0/F. SPO SURVEY OF PROPERTY STEPHEN PATTERSON IIIA EDWIN TUCCIO AT ARSHAMOMOQ UE N53026'00"E 187.W- TOWN OF SO UTHOLD SUFFOLK COUNTY, N. Y 1000-56-04-22 OR UNE 20, 20120, AUG. 15, 2012 (recisions) ° ' AUG. 15, 2012 (revisions) 0 0 ° ' AUG. 16, 2012 (certifications) Aug. 22, 2012 (REVISION) ° O o 0 SEPTIC SYSTEM (n COVERS 0 10 f 00 ° 0 '� 0 D 4-- RECEVED ° p 0 PIPE FEB 22 ASPHALT ASPHALT z ZONING BOARD OFAPPi r-r1_# D< m o CERTIFIED TO, 0 N ' CHL OEM,LLC 0 0 a ? CHARLES A. MANWARING JR. REBECCA MANWARING p p N k X X X m N O FIDELITY NATIONAL TITLE INSURANCE I <m COMPANY WALL X y I ` O I p Z D 0 35.4' I rn C 0 N y 37.2' o v I T D I >Po - x �� a ua l� = Lm XJJ , n XE BUILDING e•0qONE STORY FRAM D � woop T1E LINE t m " N9° 20.0' 07' N t2.t'" Fri 201 dY fO 40.4' CONCRETE WOOD PLANTER ASPHALT �>� 300.00' _ cAPROw UNOEFIN DOo,RVE - ___` t cRAVE4 N59.07'20'W - 20.17' ��� OF A�F1V O CONCRETE CURB CONCRETE 0c EDGE OF PAVEMENT Q 141 - - `� � � `� o '� •� ROAD (S.R. 25) nn �ss•o?, ROAD LINE_ ESTABLISHED FROM DEED NO. 49618 20 E AND OFFICE INFORMATION ANY ALTERA77ON OR ADDITION TO THIS SURVEY IS A VIOLATION PECONIC S gyQ „ OF SECTION 72090F TH_; NEW YORK STATE EDUCATION LAW. 5p•E EXCEPT AS PER SECTIO.'V 7209—SUBDIVISION 2. ALL CERTIFICATIONS (631) 765-5020 FAX 631) 765-1797 AREAj� if �7 r1 So. f t., , 140'31 HEREON ARE VALID F(�R'THIS MAP AND COPIES 7HEREOF ONLY IF P.0. BOX 909 `t 0 - S51'37'20'W SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET GR. HWY Mori. WHOSE SIGNATURE APPEARS HEREON. SOUTHOLD, N. Y. 11971 12-197 i ELIZABETH A.NEVILLE,MMC ®� ®� Town Hall,53095 Main Road TOWN CLERK �� S� P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS � Fax(631)765-6145 MARRIAGE OFFICER ,f, ®�. Telephone(631)765-1800 RECORDS,MANAGEMENT OFFICER �Q� �a www.southdldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: February 26, 2018 RE: Zoning Appeal No. 7166 Transmitted herewith is Zoning Appeals No. 7166 for Lark& Folts for CHLOEM, LLC. The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Agricultural Data Statement Short Environmental Assessment Form f"Pari 'a -ZYYI.pGc,t f A4.6- 54W unx' Applicant/Owner Transactional Disclosure Form(s) Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Notice(s) of Disapproval Board of Zoning Appeals Application Authorization —TCertificate(s) of Occupancy =Findings, Deliberations and Determination Meeting(s) Action of the Board of Appeals Photos Correspondence- Cwe r' LOW Copy of Deed(s) Building Permit(s) Property Record Card(s) Survey/Site Plan Maps- Drawings Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, ect.) Misc. Paperwork- . evaluation please send email to activereports support@datadynamics corn Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 02/26/18 Receipt#: 235453 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7166 $500.00 Total Paid: $500.00 Notes: Payment Type Amount Paid By CK#2940 $500.00 Lark, & Folts Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Lark, & Folts P O Box 973 Cutchogue, NY 11935 ;Copyright 1998-2003 Data.Dynamics�.This is an evaluation—copy.Visit www.datadynamics,com for more mformafion. Forwsupport during evaluation please send email'to activereports.support@datadynamics.com ; BOARD MEMBERS rjF SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� ry0 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 0 • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento IiYCOU Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 -Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 7, 2018 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, JUNE 7. 2018. 11:15 A.M. - CHLOEM, LLC #7166 — Request for a Variance from Article XIII, Section 280- 56 and the Building Inspector's February 13, 2018 Notice of Disapproval based on an application for a lot line modification to increase the lot area of a non-conforming lot; at; 1) proposed lot measures less than the code required minimum lot area of 80,000 sq. ft.; located at: 64755 NYS Route 25 and 64175 NYS Route 25, Greenport, NY. SCTM#1000-56- 4-22 & 1000-56-4-24. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov Dated: May 17, 201-8 ZONING-BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK AFFIDAVIT _ OF In the Matter of the Application of POSTING CHLOEM, LLC (Name of Applicant&) i Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- 56 - 4 - 22 and 11000 — 56 — 4 — 24 COUNTY OF SUFFOLK) - STATE OF NEW YORK) I CHARLES A. MANWARING, JR. residing at 1225 Seawood ,Drive, Southold ,New York, being duly sworn, depose and say that: On the 22nd day of May , 201 8, I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way(driveway entrance)-facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7) days prior to the date of the subject hearing date, which hearing date was shown to be June 7, 2018 (Signature) Charles A. Manwaring, Jr. Sworn to before me this -4th Day of June , 201 8 (Notary Public) BARBARA DIACHUN Notary Public, State of New York No 01 D14635190-Suffolk County commission Expir®e Oct.31,201$ * near the entrance or driveway entrance of my property, as the area most visible to passerby. LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 CUTCHOGUE,NEW YORK 11935 Tele.No. (631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: LarkandFolts@aol.com June 4, 2018 Ms. Kim Fuentes Zoning Board of Appeals Town of Southold 54375 Main Road - P.O. Box 1179 Southold, NY 11971 RE: Chloem, LLC 64755 State Route 25, Greenport, New York (SCTM #1000-56-4-22) Dear Ms . Fuentes : Pursuant to the notice from the Zoning Board of Appeals dated May 7, 2018, 1 am enclosing the Affidavit of Posting along with the green signature cards from the certified mailings . Very truly yours, f � chard F. Lark RFL/bd Enclosures r . i TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK l 0-6A AFFIDAVIT OF In the Matter of the Application of MAILINGS Chloem, LLC (Name of Applicants) SCTM Parcel# 1000- 56-4-22 and #1000-56-4-24 COUNTY OF SUFFOLK STATE OF NEW YORK I, BARBARA DIACHUN residing at 875 School House Road, Cutchogue, New York, being duly sworn, deposes and says that:, On the 18th day of May , 20 1$I_personally mailed at the United States Post Office in Cutchogue ,.New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the (x )Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. L ,,Jae (Signature) Barbara Diachun Sworn to before me this 24th day of May 120 18 I, MARYKATE BRIGHAM ✓ Notary Public,State of New York (Notary P lic) No,02BR6364275 Qualified in Suffolk County Comm.Expires September 11,2001 PLEASE list on the back of this Affidavit or on a sheet of paper,the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. LARK& FOLTS Attorneys at Law 28785 MAIN ROAD PO BOX 973 (� CUTCHOGUE,NEW YORK 11935 Tele.No. (631)734-6807 RICHARD F.LARK Fax No. (631)734-5651 MARY LOU FOLTS E-mail: LarkandFolts@aol.com May 24, 2018 Ms . Kim Fuentes Zoning Board of Appeals Town of Southold 54375 Main Road - P.O. Box 1179 Southold, NY 11971 RE: Chloem, LLC 64755 State Route 25, Greenport, New York (SCTM #1000-56-4-22) Dear Ms . Fuentes : Pursuant to the notice from the Zoning Board of Appeals dated May 7, 2018, I am enclosing the Affidavit of Mailings . Very truly yours, ichard F. Lar RFL/bd Enclosure Chloem, LLC (SCTM #10{_,_-'56-4-22 and #1000-56-4-2i� , ? 7 16 6 1000-052 . 00-05 . 00-061. 000 1U.S. Postal .ICERTIFIED MAIL. RECEIPT co Only; . . .- CO HOI� w lY 11 2r, M u la a cr C 'm PoJQ• 9 0935 Er . . /K(j 04 Certified Fee $0.00 �\ M Return Reoelpt Fee �� �ostma 0 (Endorsement Required) $0.00 are O Restricted Delivery Fee louduuv I (Endorsement Required) r✓ ,• CA -� O up p3 Total Postage&Fetes 181 Sent TO M MTA Long Island Rail Road - ' ----------------------------------------- - ---- ---------------- --------- � � Street,Apt.No.; t3 orPOBoxNo. 93-59 183 Street -------------------- ----- --- -------------------------- CIry,State,Z/P+4Hollis NY 1-1423 PS Form :r0 August 2006 Se Reverse or Instructions 1000-053 . 00-05 . 00-002 . 000 Postal CERTIFIED MAIL. RECEIPT .D (Domestic Mail Only; Provided) IU site at rns For CU � GUS���!`C` ��93�v �g,� .�.' .ru- O, Posd iF ,\� rC CIO 3a�\ r' Certified Fee $0,00 ti rq Omark O Return Receipt Fee 4e&re C3 (Endorsement Required) O Restricted Delivery Fee y- (EndorsementRequired)ru E3 Total Postage&Fees s- m Sent To aro 1 , pwS 1 M arzenna rl ip owski Street Apt No.; 0 or PO Box No. PO Box 356 r` -------------------—------------ - - - -------- Cdy,State,ZIP+4 Cutcho ue NY 11935 PS Form :010 August 2006 See Reverse for Instructions 1000-053 . 00-05 . 00-012 . 006 CERTIFIED MAIL. 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(Domestic Maii only;No insurance coverage Provided) C`- rn ,ru o Pose ' /�pGUE �S4Er _ Certified Fee 0,0f A Postma p ' Return Receipt FeeyyJ��Here Cay p (Endorsement Required) Ji C�., oa ' O Restricted Delivery Fee ®,� cJ (Endorsement Required) J. rru0• ra C3 Total Postage&Fees W2018 m - Sent To m Town of Southold r-q ------------------------------- --- -- ---- -- -- --- -- --- ------ CStreet,Apt No.; or PO Box No. PO Box 1179 t,- - -- ------------- --- --- ------------------------------- . i Ciry,state,ZIP+4 Southold NY 11,971 PS Form,3809,.August 2006 See Reverse for Instructions 1000-056. 00-04 . 00-020 . 001 Postal CERTIFIED, , MAIL. Ln I (Domestic O www-usps.corns rn ru ti `O Postage $ 04 E' Certified Fee $0.00firl ����� ` �t Postmark O Return Receipt Feed•00 y C3 (Endorsement Required) �pl Pre Restricted Delivery Fee U �iI 8?018 "o C3 (Endorsement Required) ru �[I J 2 Fe C3 Total Postage& es `PS m $6. m senrro SThomag t We s � ___ can um 0 Srreet,Apt.No.; p0 Box 314 M1 or PO Box No. ------------------------------------------------------------------------ City,State,ZIP+4 East Marion NY 11939 PS Form :0r August 2066 See Reverse for Instructions C, 1000-056. 00-04 . 00-020 . 002 Postal CERTIFIED MAILT� RECEIPT C3 (Domestic Mail Only;No Insurance Coverage Provided) website . . o `D � delivery information .EAS't HAM OWY iy�� . � � Y' 139 F' m u1' t E3 Post& 1v p-' Certified Fee $0.04A AAA qp1� 1 O Return Receipt Fee U �� {irtno 0, O (Endorsement_Required) $0.00 �j Restricted Delivery Fee VU.UL1 O (Endorsement Required) = rU $1.1j%, , U,,j M Total Postage&Fees 057i$!I8 Sent To M a 64155 Main Road LLC --------------------------------------------------------------------------------------- SVeet,Apt No.; orPOBoxNo. PO BOX 314 City,State,z►P+4 East Marion NY 11939 PS Form 3800,August 2006 See Reverse for instructions v Page 2 of 4 ti 1 Chloem, LLC (SCTM #1G x-56-4-22 and #1000-56-4-2`__- (716)6 1000-056. 00-04 . 00-021 . 000 Postal CERTIFIED MAILT. 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RECEIPT CO (Domestic iLn O L J ru $3 j5� O Postage _0935 tr Certified Fee $0.00 $9.0V/ Postmar O Return Receipt FeeHare , p (Endorsement Required) 10.J0 CO J Restricted Delivery,Fee 0J� {3 (Endorsement Required �019 Cru COP C3 Total Postage&Fees $ M $6.71017 M Sent To Joseph R Mitrani r..;q - -- ------------------r-------------------------------------------- Street Apt.No.; orPOBoxNo. 255 Harper Rd W r` ---------------------------------- ------ --- -- ----------------------- C,ty,Srare,zIP+4 Southold NY 11971 PS Form 3800,Au gust rr. See Reverse for Instructions 1000-056. 00-07 . 00-001 . 000 U.S. Postal ServiceTM CERTIFIED MAILT. RECEIPT ru (Domestic Mail Oniy;No InsuranceCoverage Provided) r I delivery Informati I on visit ur .n •501"? ay., NY at 1. website� � £� me, M :r nj 0935 D POSMO $r � - tr �1�' `�'r g3\!Cf4 Certified Fee $0.00 Postm ` O Return Receipt Fee (� Hare O (Endorsement Required) $1 .00 O Restricted Delivery Fee (Endorsement Required) O Total Postage&Fees M M Sent To r Goldsmiths Boat Shop ------- -------------------------------------------------^--------------- E3 Street,Apt No.; or PO Box No. PO Box___ 1436 City S----ZIP-- ______ ______________________ Southold NY 11971 PS Form 3800,August 2006 See Reverse for InstrucCions Page 3 of 4 Chloem, LLC (SCM #100:;^' 6-4-22 and #1000-56-4-24 --,7166 1000-056. 00-07 . 00-002 . 000 Postal ServiceTM CERTIFIED MAILT. RECEIPT f7J (Domestic Only; O ra For delivery CU C lO information visit our website at vww.uSpS.CoMQO=�dY! rf f9 �I A rj b r .. pPoste• r 0913 Certified Fee $0.00 ca r'I y n Park O Return Receipt.Fee Sp M (Endorsement Required) SO.00 - , O - N� Restricted Delivery Fee ' 0�6� M (Endorsement Required) ru $0.Ou o Total Postage&Fees $ 05/18/2018 M $6 M Sent To Mill Creek Partners LLC ---------------------------------------------------------------------------------------- Street,Apt.No.; or PoeoxNo. PO Box 326 r- cny,State,zIP+4 Cutchogue NY 11935 PS Form 3800,August 2006 See Reverse for Instructions 1000-056. 00-07 . 00-004 .,001 1000-056. 00-07 . 00-005 . 000 1000-056. 00-07 . 00-011. 000 Postal CERTIFIED MAILT. RECEIPT Er (Domestic MaH 0�1y;No Insurance Coverage Provided) `D CUT�CHOGUE,, Y 11 35It z r� E " •1 ru —_U935 M Pos 9 r �1�1 �. ♦'U Certified Fee M �stmark Return Receipt Fee / p (Endorsement Required) $0.00 r —Here ' Z Restricted Delivery Fee $6.06f N -C (Endorsement Required) 1 IU $0. qo O Total Postage&Fees $ 0.�J M $6.70 _. - M Sent to North Fork Lending LLC r-91 Street Apt No.;----------------- ---- --------------------------------------- C3 -POBoxNo. PO Box 326 h- --ry,------------------------------------------------------------------------------------ cStara ziP+4 Cutchogue NY 11935 fPS Form 3800,August 2006 See Reverse for Instructions 1000-057 . 00-01 . 00-001 . 000 U.S. Postal ServiceTM CERTIFIED MAIL. RECEIPT .D (Domestic Mail Only; Provided) Er C3 For delivery information visit our Website,at www.us'ps.coM,O :M �u tS �ru t p Pos�a�aX35., Certified Fee $0•(1�1 �� Of ���9\ O Return Receipt Fee 11151. /J Postt n tp M (Endorsement Required) $0■00 L E:3 Restricted Delivery Fee o y� (Endorsement Required) ru $U. �� Q C3 Total Postage&Fees 0 M Sent To M Suffolk County r� --'---'--------------------------------------------------------------------------------- SVeet,Apt.No.; orFoBoxNo. 330 Center Dr �'- City- ------------- ---------------------------------------------------------------- c�rysrare,zrP+4 Riverhead NY 11901 PS Form 38-00,August 2006 See Reverse for InstructionsPage 4 of 4 Chloem, LLC (SCTM #100-56-4-22 and #1000-56-4-2�.,-'�#7166 1000-052 .00-05 . 00-061 . 000 `7 • DELIVERY ® Complete items 1,2,and 3. _ A. Signature ■ Print your name and address on the reverse X L f � �I 2 ❑Agent � so that we can return the card to.you., �t. `�'���� ❑Addressee Y ■ Attach this card to the back of the mail lece, E. Received by(Printer�Name) C. Dat ofpDielivery i or on the front if space permits. p 7;7'. c��'"1�4� l 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes ` Donna L. Dill PE If YES,enter delivery address below: ❑No (l I Manager - Civil Inspection " Structures Department MTA`Long Island Rail Road Hillside Maintenance Complex, t Maii Code 3143,93-59 183 Stre'e , ,i Hollis NY 11423 ui IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII (IIIII t 3. Service Type yMallExpress® ❑Adult S ❑Signature, Registered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mall Restricted) 9590 9402 2341 6225 3305 22 MCertified Mail® Delivery [:]Certified Mail Restricted Delivery [3Return Recelpt for [:I Collect on Delivery Merchandise 1 ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTTM 2- artir_Ia_Number-(Transfer from-service/abet)- __ _.I E)Signature Confirmation 7 013 3020 0001 9023 618 8 Restricted Delivery Restricted Delivery PS Formi3811`,July 2015 PSN 7530102'-000L 9053° I (Domestic Return Receipt 1000-053 . 00-05 . 00-002 . 000 • DELIVERY ■ Complete items 1,2,and 3. A.7zr,__� ■ Print your name and address on the reverse X13Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B• ceived by(Printed Name) C. a Q IN f or on the front if space permits. r p� �, 1 1. Article Addressed to: D. Is delivery address different from item 1? Yes If YES,enter delivery address below: ❑No' Karol Filipkowski Marzenna Filipkowski PO Box 356 Cutchogue NY 11935 Service epSignature 9 MIII(IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII IIIIIIIII ❑AdulntureRestricted Delivery ❑RestredalRestricted, 9590 9402 2341 6225 3306 38 R Certified Mail® Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Artii le_Number(transfer from service label ❑Collect on Delivery Restricted Delivery ❑Signature ConfinnationTm ❑Signature Confirmation 7 013 3020 0001 9023 6126,. 7cted Delivery Restricted Delivery PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return-Receipt t 1000-053 . 00-05 . 00-012 . 006 • •KIPLE-tET-14),S".qtCTIO;!N VC COMPLETE THIS SECTIONON DELIVERY e Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X Agent so that we can return the card to you. / `5 -9.Q Addressee ■ Attach this card to the back of the mailpiece, eceived by(Printedl e �Dtel!veryor on the front if space permits. i S r— TVbil, E� ll 1. Article Addressed to: D. Is delivery address differef from °..�Y�i 1? ❑4�e If YES,enter deliver�l ad ress b TaR. : Flo Breezy Shores Comncy Inc. PO Bo . 925 Cutchogue NY 11935 —^' III(IIIII IIII III I IIIII I II III it II I I I I II I I I II III 3. Service Type ❑Prilority Mail Express® ❑Adult Signature Registered gistered MaiITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 9590 9402 2341 6225 3306 21 KI Certified Mail® Delivery ❑Certified Mail Restricted Delivery D Return Receipt for ❑Cc act on Delivery Merchandise 2. Article-Number(jransfer from service/abet) ❑Collect on Delivery Restricted Delivery ❑Signature Cpn_firmationTM ❑Signature Confirmation cted Delivery Restricted Delivery 7 013 3020 0001 9023 613 3 Ps Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt i Page 1 of 4 Chloem, LLC (SCTM #106-0-56-4-22 and #1000-56-4-2,) #7166 -7f b 6 1000-056. 00-04 . 00-018 . 000 ■ Complete items 1,2,and 3. A. Sig re ■ Print your name and address on the reverse- X ❑Agent so that we can return the card to you. ❑Addressee i ■ Attach this card to the back of the mailpiece„ B• ived by(P' ted Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delivery addrdss different from item 1? ❑Yes If YES,enter delivery address below: 0 No Town of Southold _ PO Box 1179 Southold NY 11971 II I III II IIII III I IiIII I II III II II I I I I IIII II I I 1;'>a ; ❑ Adult Service gnature El Regis ered Type Mail piss® du r ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted,' 9590 9402 2341 6225 3305 91 ,,;; ❑Certified Mad@ Delivery t§Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number.(Transfer from Service/abed 11Collect on Delivery Restricted Delivery ElSignature Confirmation^ ,'?,Insured Mail ; FI Signature Confirmation 7 013 3 2'0 0 0 1 '9 0 2 3 6171' '=° �Restiicted Delivery'i i Restricted Delivery PS FOrm ,July 20 5 PSN 7530-02-000-9053 Domestic Return.Receipt, 1000-056. 00-04 . 00-020 . 001 r . COMPLETE7HISSECTION ON DELIVERY ■ Complete items 1,2,and 3. rX Signature ■ Print your name and address on the reverse so that we can return the card to you. Y 7 1 � not m "of very �vI ■ Attach this card to the back of the mailpiece, B ecelve y e) or on the front if space permits. i d, I 1. Article Addressed to: D, Is delivery addre ifferent f��gqr"�i i em 1? E3 Yes If YES,enter de uay add in No Thomas M Wells `f'd Jean B Lum `> �yQ PO Box 314 East Marion NY 11939 3.II I�IIIII IIII III I Ilill I II III II II I I I I II I IIII III 13❑duIltSign tune Restricted Delivery ❑ice Type U Registered rediority Mail Restricted 9590 9402 2341 6225 3306 83 U Certified Mail@ Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmtionTM 2• Articla Number f7lanSferfrom_Sentic2_label) --. Cl Signature Confirmation 1 ?013 3020 0001 9023 6065 _ -trlcted Delivery Restricted Delivery PS Form 3811,;July 2015 PSN 7530-02-000-9053 . ; ;: : i :t Domestic Return Receipt ; = i it ' it ttii tt iiiEt i ; ? '= it tti I 1000-056. 00-04 . 00-020 . 002 4r . r . . DELIVERY ■ Complete'items 1,2,and 3. A. Signature r ■ Print your name and address on the reverse.- �zy X ` ❑Agent I so that we can return the card to you. S ❑Addressee, ■ Attach this card to the back of the mailpiece, B. Rec ved,by d/yame) C.2Dte of Delivery or on the front if space permits. �. J�/ S,r, 1. Article Addressed to: D. Is delivery ss drffe�t from ite ? ❑Yes If YES,ent r elivery add!•ess belov I]No 64155 Main Road LLC _ C%-, PO Box 314 a , East Marion NY -11939 'd6!y _ - - ff Service Type 0 II I IIIIII IIII IIII'1111 I I III II II I I I I I I II I II III 1:1 AAdultdult SSignature 1:1 ignature Restricted Delivery 11 Registered Mail Restricted ted 9590 9402 2341 6225 3306 14 M Certified Mall@ Delivery ❑Certified Mail Restricted Delivery 17 Return Receipt for ❑Collect on Delivery Merchandise 2. Article-Number-(Transfer from serv_ic2/abet) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm 7 013 3 0 2 0 0 0 01 9 0 2 3 614 0 ry ❑Signature Confirmation i stncted Delive RQstricted Delivery A, . .PS Form 3811;Julyj2015'PSN 7530-02-000,'90531 4 i : t l i i t iii { s i i i i Domestic Return Receipt i Page 2 of 4 Chloem, LLC (SCTM #10uu-56-4-22 and #1000-56-4-24) 7166 1000-056. 00-04 . 00-021 . 000 I ■ Complete items 1,2,and 3. A. S' e V ■ Print your name and address on the reverse Agent � �Gr✓ ❑ i so that we can return the card to you. Addressee, ■ Attach this card-to the back of the mailpiece, B ed by(Printed Nam G. Date of Delivery 4 i or on the front-if space permits. Il 1. Article Addressed to: Q. Is delivery address different from item 1? ❑Yes ! If YES,enter delivery address below: ❑No Steven Sponza Elizabeth Stathis 48220 Route 25 PO Box 1699 Southold NY 119713. I OIIIII IIII III l 11111 I II III Il II I I I I I l I II l III EI❑AduressO lt Signature vice eRestricted Delivery ❑Registered 13 MaiMall lRe ted 9590 9402 2341 6225 3306 07 RCarl fled Mall® Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article-Namber_Crransfei from_sewice label I❑Collect on Delivery Restricted Delivery ❑Signature Confirmat:onT"I CI Signature Confirmation I 7 013 3020 0001 9023 615 7 restricted Delivery Restricted Delivery PS Form 3811;July 2015 PSN 7530-02;000-9053 i r E ;iii j s Domestic Return Receipt , 1 - , 1000-056. 00-04 . 00-0'23 . 000 :�tEN­DE QOMPLET&THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse X 0 Agent I so that we can return the card to you. Addressee, Received by(P ince Name) C��e of eh ry ■ .Attach this card to the back of the mailpiece, �. i or on the front if space permits. OL ( qti 1. Article Addressed to: D. Is delivery address different from item 1? 13 Ye f YES,enter delivery address below: b No Joseph R Mitrani 255 Harper Rd W Southold NY 11971 f f III 011111 IIII III 111111 I I III II I I I I I IIIII I I Ill Service eriggsd❑AdulSintureRestricted Delivery 11RistMail Restricted 9590 9402 2341 6225 3306 90 Certified Mali® Delivery ❑Certified Mail Restricted Delivery 'ElReturn Receipt for f ❑Collect on Delivery Merchandise } 2._Article Number(transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConftrnationT" f�Mai1 Restricted Delivery p El Signature Confirmation r 7 013 3020 0001 9023 6058 00� Restricted Delivery PS Form 381:1;July 2015tP,SN 753002-060.90536 ; i F, tit �; `Domestio Return Receipt ti i . I 1000-056. 00-07 . 00-001 . 000 —1 SIENDIEW"COMPL&E THIS SECTION- ' COMPLETE THIS SECTION ON DELIVERY, ■ Complete items 1,2,and 3. A. Sig ure ■ Print your name and address on the reverse X 09ent so that we can return the card to you. 0 Addressee I ■ Attach this card to the back of the mailpiece, B. Rexei ed b P ted`e e) C ai f Delilivvety or on the front if space permits.ermits. J 1 0' 1. Article Addressed to: D. Is cl ' ery address different from item 1? ❑Yes y If YES,enter delivery address below: ❑No y{ Goldsmiths Boat Shop PO Box 1436 Southold-NY 11971 4 II 1111111 IIII Ill l lull I II III II II I I I I I II I I I I Ill 3. Service Type ❑Priority Mall Express ❑ o ❑Adult Signature Registered Matl� 11Mal Adult Signature Restricted Delivery ❑Registered l Restrictadr 9590 9402 2341 6225 3306 76 Si Certified Mat:® Delivery 11 Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2. Article Number(transfer from service labeo 11 Coe Delivery Restricted Delivery ❑Signature Confirmation*^" ❑Signature Confirmation F.�-7 013 302-0 :000]i : 9023' :6072 �i�ted oeilvery Restricted Delivery PS Form 3811; t+ J_uly.2i015 PSN 7530,t02=i 00,0=I90.53 `Dmesic Return-Receipto i Page 3 of 4 f Chloem, LLC (SCTM #100u-o6-4-22 and #1000-56-4-24� 7166 1000-056. 00-07 . 00-002 . 000 1000-056. 00-07 . 00-004 . 001 1000-056. 00-07 . 00-005 . 000 1000-056. 00-07 . 00-011 . 000 N d it J-u rrl)'e 11 1000-057 . 00-01 . 00-001 . 000 o ■ Complete items 1,2,and 3. A. Signature � ■ Print your name and address on the reverse X 1 ent so that we can return the card to you. Q Addressee 4 ■ Attach this card to the back of the mailpiece, B. Received by(Printed Name) 0Dtee of D livei or on the front if space permits. - 1. Article Addressed to: –' D. Is delivery address item 17 ❑Ye If YES,enter d w: ❑No Suffolk County 330 Center Dr - , f Riverhead NY 119013. II I�IIIII�lil Ili I Illli I III II II I I I I f I II f III 0 Adultt Signature vice e Restricted DEI elivery ❑RegisteredlMailResri ted{ 9590 9402 2341 6225 3306 69 n Certified Mail@ Delivery ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise 2 — _ ' ; — --- ^^'gnature Con-firmationTm S i gnature Confirmation �stncted Delivery S _ _ _ — . ,.. tic Return Receipt Page 4 of 4 #0002212010 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMES , a weekly newspaper,published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s) successfully_commencing on 05/31/2018 Principal Clerk Sworn to before me this 4—day of CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified In Suffolk County My Commisslon Expires February 26,2020 TYPESET- Wed May 16 14.41 27 EDT 2018 J} 1 r minimum front yard setback of 60 feet;lo- questions,please contact our office at,(631) LEGAL NOTICE cated at:1671 Meadow Beach Lane,(Adj.to 765-1809, or by email: KimF@ SOUTHOLD TOWN ZONING BOARD the Hall's Creek and Great Peconic Bay)Mat- southoldtownny.gov OF APPEALS tituck,NY.SCTM#1000-116-4-16.4. Dated:May 17,2018 THURSDAY,JUNE 7,2018 10:30 A.M. - KONSTANTINE ZONING BOARD OF APPEALS PUBLIC HEARINGS DRAKOPOULOS AND KATINA LESLIE KANES WEISMAN, NOTICE IS HEREBY GIVEN,pursuant to DIGENAKIS#7164-Request for a Vari- CHAIRPERSON Section 267 of the Town Law and Town Code ance from Article III,Section 280-15 and the BY:Kim E.Fuentes Chapter 280(Zoning),Town of Southold,the Building Inspector's January 23,2018 Notice 54375 Main Road(Office Location) following public hearings will be held by the of Disapproval based on an application for a 53095 Main Road(Mailing/USPS) SOUTHOLD TOWN ZONING BOARD OF building permitto legalize an"as built"acres- P.O.Box 1179 APPEALS at the Town Hall, 53095 Main sory above-grade patio surrounding an in- Southold,NY 11971-0959 Road,PO. Box 1179,Southold,New York ground swimming pool,at, 1)less than the 2212010 11971-0959, on THURSDAY, JUNE 7, code required minimum rear yard setback of 2018. 15 feet,located at. 1005 Mill Road,Peconic, 9:30 A.M. - MARILYN DALY,ESTATE NY.SCTM#1000-74-2-11.2 OF ROBERT M. DALY, GENEVIEVE 11:00 A.M.-SUSANNAH MCDOWELL MCGRATH AND KEVIN B.MCGRATH #7165-Request for Variances from Article #7134-Request for a Waiver of Merger peti- XXIII,Section 280-124 and the Building In- tion under Article II, Section 280-10A, to spector's January 23, 2018 Notice of Dis- unmerge land identified as SCTM No approval based on an application for a 1000-66-1-13 which has merged with SCTM building permit to construct additions and al- Nos 1000-66-1-12 and 1000-66-1-14,based teration to an existing single family dwelling; on the Building Inspector's November 6, at; 1)less than the code required minimum 2017 Notice of Disapproval,which states that front yard setback of 40 feet;2)less than the a non-conforming lot shall merge with an code required minimum side yard setback of adjacent conforming or non-conforming lot 15 feet;located at: 180 Strohson Road,(Adj. held in common ownership with the first lot at to Sheep Pen Channel/East Creek) Cut- any time after July 1, 1983 and that non- chogue,NY.SCTM#1000-103-10-17. conforming lots shall merge until the total lot 11:15 A.M -CHLOEM,LLC#7166-Re- size conforms to the current bulk schedule quest for a Variance from Article XIII,Sec- requirements(minimum 40,000 sq.ft.in the tion 280-56 and the Building Inspector's Feb- R-40 Residential Zoning District);located,at ruary 13,2018 Notice of Disapproval based 50 Thomas Street,Southold,NY.SCTM Nos, on an application for a lot line modification to 1000-66-1-12, 1000-66-1-13 & increase lot area of a non-conforming lot;at; 1000-66-1-14. 1)proposed lot measures less than the code 9:45A.M-JOSEPH P.HOEY,JR.#7135- required minimum lot area of 80,000 sq,ft.; Request for a Waiver of Merger petition under located at:64755 NYS Route 25 and 64175 Article II,Section 280-10A,to unmerge land NYS Route 25,Greenport,NY.SCTM#1000- identified as SCTM No.1000-66-1-18 which 56-4-22&1000-56-4-24. has merged with SCTM Nos. 1000-66-1-15, 1:00 P.M. - TRACY WEISS AND LEE 1000-66-1-17 and 1000-66-1-19,based on the KRUTER#7170-Request for a Variance Building Inspector's November 6,2017 No- from Article XXII,Section 280-116 A(1)and tice of Disapproval,which states that a non- the Building Inspector's January 16, 2018 conforming lot shall merge with an adjacent Notice of Disapproval based on an applica- conforming or non-conforming lot held in tion for a building permit to make additions common ownership with the first lot at any and alterations to an existing single family time after July 1, 1983 and that non- dwelling; at, 1) located less than the code conforming lots shall merge until the total lot required 100 feet from the top of the bluff; size conforms to the current bulk schedule located at 9475 Nassau Point Road,(Adj to requirements(minimum 40,000 sq.ft in the Little Peconic Bay) Cutchogue, NY. R-40 Residential Zoning District);located,at SCTM#1000-119-1-1. 125 Daly Lane,Southold,NY SCTM Nos. 1:15 P.M. - EVAN AND LYNN LEWIS 1000-66-1-15, 1000-66-1-17, 1000-66-1-18 #7172-Request for a Variance from Article &1000-66-1-19 III,Section 280-15 and the Building Inspec- 10:00 A.M.-CHRISTOPHER AND KRIS- tor's February 27,2018,Amended March 20, TEN NEIMETH#7146-Request for a Vari- 2018 Notice of Disapproval based on an ap- ance from Article XXIII,Section 280-124 and plication for a building permit to construct an the Building Inspector's November 22,2017 accessory shed,at;1)located in other than the Notice of Disapproval based on an applica- code required rear yard;located at 2395 Vil- tion for a building permit to construct addi- lage Lane, Orient, NY SCI'M#1000-26-1- tions and alterations to an existing single fam- 12.1. ily dwelling,at,1)less than the code required 1:20 P.M. - SOUTHOLD FIRE DIS- minimum front yard setback of 35 feet,lo- TRICT,LLC#7179-Request for aVariance rated at 1700 Gin Lane(A K A 1230 Waters from Article X, Section 280-46 and the Edge Way),Southold,NY SCTM#1000-88- Building Inspector's April 2,2018 Notice of 3-19 Disapproval based on an application for a 10:15 A.M. - NEIL T. MCGOLDRICK building permit to construct a storage AND AMY MCGOLDRICK#7148-Re- building, at, 1) less than the code required quest for Variances from Article III,Section mmimumside yard setback of l0feet,located 280-15;Article XXIII,Section 280-124,and at:315 Boisseau Avenue&55135 NYS Route the Building Inspector's December 1,2017, 25,Southold,NY.SCTM# 1000-62-1-19& Amended February 7,2018 Notice of Disap- 1000-62-1-11.1 proval based on an application for a building The Board of Appeals will hear all persons or permit to construct an addition to a noncon- their representatives,desiring to be heard at forming accessory garage,and to legalize an each hearing,and/or desiring to submit writ- "as-built"deck addition and an"as-built"ac- ten statements before the conclusion of each cessory arbor, 1)proposed accessory garage hearing Each hearing will addition located in other than the code re- not start earlier than designated above Files quired rear yard,2)"as-built"deck addition is are available for review during regular busi- located less than the code required minimum ness hours and front yard setback of 60 feet; 3) "as-built" prior to the day of the hearing If you have arbor is located less than the code required 14 -11-U TI �. E CoF HEARIi4i� The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road , Southold: NAME : CHLOEM , LLC # 7166 SCTM # : 1 000-56-4-22 ct a4 VARIANCE: LOT LINE CHANGE REQUEST: INCREASE LOT AREA OFA NON - CONFORMING LOT DATE : THURS . , JUNE 7, 2018 11 : 1 5 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD (631 ) 765-1809 ONING BOARD OF APPEALS } MAILING ADDRESS and PLACE OF.HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net May 7, 2018 Re: Town Code Chapter 55 -Public Notices for Thursday, June 7, 2018 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before May 21St: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible: AND not later than Mav 29th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 30th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before June 5, 2018. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� yp 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora [ #ic Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ,^�aa�� 54375 Main Road(at Youngs Avenue) Nicholas Planamento UM Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD D E C E n V E Tel.(631)765-1809•Fax(631)765-9064 l� l! IJ MEMO FEB 3 2018 Southold Town TO: Planning Board PianningBpard FROM: Leslie K. Weisman, ZBA Chairperson DATE: February 23, 2018 SUBJECT: Request for Comments ZBA # 7166 CHLOEM, LLC The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT TAX# ZBA# HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF SURVEY DIST SURVEY/SITE PLAN CHLOEM, 1000-56- 7166 June 7, Art. XXII Feb. 20, 2018 Nathan Taft LLC 4-22 & 2018 Sec. 280-56 Corwin III 24 Your comments are requested 1 week prior to hearing date. Thank you. Ends. BOARD MEMBERSSouthold Town Hall Leslie Kanes Weisman,Chairpersor' �*�f S�(/�yQ �4095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporat Office Location: Eric Dantes Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 0 �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento I�C�U ��.` Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 February 23, 2018 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale : Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 7166 Owner/Applicant : CHLOEM, LLC Action Requested: Lot line change. Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Ch erson By: C ( -- Encls. OFFICE LOCATION: ALkILING ADDRESS: Town Hall Annex ,\OF SOUryO P.O.Box 1179 54375 State Road Route 25 ,`O l0 Southold,NY 11971 (cor.Main Rd. &Youngs Ave.) Southold,NY Telephone: 631 765-1809 • COQ http://southoldtownny.gov COUNTY,� ZONING BOARD OF APPEALS Town of Southold June 27, 2018 Richard Lark Lark &Folts, Esqs. P.O. Box 973 Cutchogue,NY 11735 Re: ZBA Appeal No. 7166 Chloem, LLC, 64788 NYS Rte 25, Southold SCTM No. 1000-56-4-22 Dear Mr. Lark; Transmitted for your record is a copy of the Board's June 21, 2018 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of the attached determination to the Building Department. Sincere y, Kim E. 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