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Home My WebLink About2053 TO~VN OF SO~THOLD, NEW ¥OR~ DATE ..J.un~..2..4, 1.975 Public Hearing: 6/12/75 ACTION OF THE ZONL~G BOA~D OF APPEALS Appeal No. 2053 Dat~ May 25, 1975 ACTION OF TH~ZONING BOARD OFAPPEALSOFTHETOWNOFSOUTHOLD To Greenport Yacht Club, Inc. foot of Fif~hStreet Greenport, N. Y. Appellant at a meeting of the Zoning Board of Appeals on June 2 4, 19 7 5 was considered and the action indicated below was taken on your ( ) Request for variance due to lack of access to property (X) Request for a special exception under the Zoning Ordinance ( ) Request for a variance to the Zoning Ordinance ( ) the apDeal 1. SPECIAL EXCEPTION. By resolution of the Board it was determined that a special exception ( ) be granted ( ) be denied pursuant to Article .................... Section .................... Subsection .................... paragraph .................... of the Zoning Ordinance and the decision of the Building Inspector ( ) be reversed ( ) be confirmed because 9:20 P.M. (E.D.S.T.), June 12, 1975, upon application of Greenport Yacht Club, Inc., foot of FifthStreet, Greenport, New York for a special exception in accordance with the Zoning Ordinance, Article III, Section 100-30 B-6 for permission to maintain floating barge for private membership club. Location of property: Sixth Street, Greenport, N. Y., bounded on the north b~ W. Brawn & A. Scott & Village Line; on the east by Village Line; on the south by Peconic Bay; west by Peconic Bay. Fee paid $ 15. 2. VARIANCE. By resolution of the Board it was determined that (a) Strict application of the Ordinance (w~uld) (would not) produce hardship because practical difficulties or unnecessary SEE REVERSE (b) The hardship created (is) (is not) unique and (would) (would not) be shared by all properties alike in the immediate vicinity of this property and in the same use district because SEE REVERSE (c) The variance (does) (does not) observe the spirit of the Ordinance and (would) change the character of the district because (would not) SEE REVERSE and therefore, it was further determined that the requested variance ( ) be granted ( ) be denied and that the previous decisions of the Building Inspector ( ) be confirmed ( ) be reversed. APPROVED SEE REVERSE / FOR~ Z ' ~za,rm~r~ ~f App~I¥ Marjor~e McDe~ott, Secretary The Board finds that applicant, Greenport Yacht Club, Inc., is a prospective tenant on premises to be subleased from Southold Resins Manufacturing, Inc. The total area presently leased by Southold Resins Manufacturing, Inc. consists of approximately 1.75 acres ~ including boat basin, as surveyed by Van Tuyl for Cappa & Homan, December 19, 1967. The west boundary line of the Village of Greenport passes through the principal building which is more or less centrally located on the premises in a north-south direction. From a point within the building the Village of Greenport line changes direction and continues in a southeasterly direction crossing the boat basin and the easterly portion of the property continuing into Peconic Bay. The Greenport Yacht Club plans to m~or a barge approximately 35' x 125' with club house facilities to the westerly bulkhead of the boat basin. Part of the basin will be in Greenport and part in the Town of Southold, as sited in survey of June 20, 1975; with sewage and water connections to the Greenport systems. The proposed location of the barge is in waters covered by an under- water g~ant to the owners...waters which have been used commercially since before 1900. The Village of Greenport has recently rezoned the Village portion of the premises to General Commercial, a rezoning which has been upheld in a Supreme Court decision last week, and has issued the Greenport Yacht Club a building permit. Commercial fishing boats are currently using the boat basin which is partly in the Village and partly in the Town. So far as the Town portion of the premises are concerned, this is a continuing non-conforming use. In our opinion, mooring the Greenport Yacht Club barge at the proposed location would not interfere with present usage of the boat basin and would con- stitute a non-conforming use of a higher character than present non-conforming uses conducted on the premises, and would continue the traditional use of the premises for waterfront commercial usage. The Board notes that part of the premises located in the Town of Southold may be used for part of the parking required by the 45 members of the Greenport Yacht Club and their guests, and that such parking would not normally coincide with parking required by employees of the SouthOld Resins Mfg. Co., principal tenant of the premises. In our opinion, the Board of Appeals would exceed its authority in requiring a Special Exception to operate a private membership Yacht Club in the special circumstances which are presented in this application; accordingly the Building Department is directed to issue a building permit to the applicant, and/or a Certificate of Occupancy. The Building Permit shall include a restriction against any parking by members of the Greenport Yacht Club within 50~ feet of the westerly and southerly property lines of the Southold Resins Mfg. Co., as shown on the December 19, 1967 survey of Van Tuyl and marked in red by the Building Inspector. The building permit shall also include a provision stating that the direct source of exterior lighting shall be shielded from the view of surrounding residential areas. Pg. 2 Greenport Yacht Club, June 24, 1975 Inc. The Board finds that the public convenience and welfare and justide will be served and the legally established or permitted.use of neighb0rhgod property and adjoining use districts will..not be permanently or substantially injured and the spirit of ~he Ordinance will be observed. THEREFORE IT WAS RESOLVED, that the Southold Town Board of Appeals APPROVE the application of the Greenport Yacht Club, Inc., Appeal No. 2053, and directs the Building Inspector to issue a Building Permit and/or Certificate of Occupancy to the Greenport Yacht Club, Inc. subject to the following conditions: That the Building Permit shall include a restriction against any parking by members of the Greenport Yacht Club, Inc. within 50 feet of the westerly and southerly property lines of the Southold Resins Mfg. Co. as shown on the December 19, 1967 survey prepared by Van Tuyl and marked "in red" by the Building Inspector. The location of the barge shall be as sited on map prepared for Greenport Yacht Club, dated June 20, 1975, by Roderick Van Tuyl, P.C. That the direct source of all exterior lighting shall be shielded from the view of surrounding residential areas. 4. This approval is subject to all rules and regulations of the Southold Town Zoning Ordinance. Vote of the Board: Ayes:- Messrs: Gillispie, Bergen, Grigonis. LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings will be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on June 12t 1975 on the following appeals: 8:00 P.M. (E.D.S.T.} upon application of Luka Picinic, 33-48 29th Street, Long Island City, N. Y. for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 and Bulk Schedule for permission to retain foundation with insufficient side yard. Location of property: Beachwood Lane, Southold, N. Y. Map of Southwood, Lot No. 17o 8:15 P.M. (E.D.S.T.) upon application of Lefferts P. Edson, Esq. a/c Gerald H. and Jo Ann Osmond, Bayview Avenue and Cedar Beach Road~ Southold, New York for a variance in accordance with the Zoning Ordinance~ Article III, Section 100-32 fo~ permission to construct swimming pool in front yard area. Location of property: Bayview Road & Cedar Beach Road, Southold, Map of Cedar Beach Park - No. 90, Lot Nos. 1, 2, 157. 8:25 P.M. (E.D.SoT.) upon application of Richard H. Wheeler, Pine Neck Road, Southold~ New York for a variance in accordance with Town Law~ Section 280A, for approval of access from public road. Location of property: Right of way off south end Tuthill Road, Southold, New York~ bounded on the north by Yennecott Park Sub°; east by J. Krukowski; south by F. Moffat Est.; west by Fo Moffat Estate. Legal Notice Page 2 - Zoning Board of Appeals 8:35 P.M. (E.D.S.T.) upon application of Warren Waldvogel, Box 250, Mattituck, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-30 C (6) F for off-premises "For Sale" sign. Location of property: South side Middle Road (CR 27), Cutchogue, bounded on the north by Middle Road; east by Bridge Lane. 8:45 P.M. (E.D.S.T.) upon application of William J. Faulkner, Box 355~ Fishers Island, New York for a variance in accordance with the Zoning Ordinance, Article iII~ Section 100-30 and Bulk Schedule for permission to divide property with insufficient width and area. Location os property: North side Winthrop Drive, Fishers Island, New York, bounded on the north by Jo Evans; east by R. Wadlington~ south by Winthrop Drive; west by M. Whitener. 9:00 P.Mo (E~D.S.T.) upon application of Mary M. Wheeler, Executrix, Estate of Florence Moffat, Boisseau Avenue, Southold, New York for a special exception in accordance with the Zoning Ordinance, Article iII, Section 100-30, Subsection B-1 for permission to reinstate two family use of premises. Location of property: F.~ Moffat Estate~ Boisseau Avenue, Southold, bounded on the north by M. Krukowski; east by W. Moffatt Jr.; south by C. Saltus; west by Boisseau Avenue. 9:10 P.M. (E.D.S.T.) upon application of Stephen Rutkowski, Seawood Drive, Southold, New York for a variance in accordance with the Zoning Ordinance~ Article III, Section 100-30 and Bulk Schedule for permission to construct addition which will reduce front yard setback. Location of property: Seawood Drive, Southold~ New York, Map of Seawood Acres, Block I, Lot No. 32° Legal Notice Page 3 Zoning Board of Appeals 9:20 P.M. E.D.S.T.) upon application of Greenport Yacht Club, Inc., foot of Fifth Street, Greenport, New York for a special exception in accordance with the Zoning Ordinance~ Article II!, Section 100-30 B-6 for permission to maintain floating barge for private membership club. property: Sixth Street, Greenport, New York, north by W. Brawn & A. Scott & Village Line; Village Line; Location of bounded on the on the east by on the south by Peconic Bay; west by Peconic Bay. 9:30 P.M. (E.D.S.T.) upon application of Hugh C. Newman~ Minnehaha Blvd., Southold, New York for a variance in accordance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct acoessory building in front yard area. Location of property: Minnehaha Boulevard~ Southold, Map of Laughing Waters, Map No. 917. Any person desiring to be heard on the above appeals should appear at the time and place above specified. DATED: May 29, 1975 BY ORDER OF THE SOUTHOLD TOW~ BOARD OF APPEALS PLEASE PUBLISH ONCE, JUNE 5, 1975 AND FORWARD NINE (9) OF PUBLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS, SOUTHOLD~ NEW YORK. AFFIDAVITS MAIN ROAD, Copies mailed to the following on May 29, 1975: The Suffolk Weekly Times New London DAY The Long Island Traveler-Mattituck Watchman Supervisor Albert M. Martocchia Luka Picinic Lefferts P. Edson, Esq. a/c Gerald H. & Jo Ann Osmond Richard H. Wheeler Warren Waldvogel William J. Faulkner Mary M. Wheeler Stephen Rutkowski Greenport Yacht Club Greenport Village Hugh C. Newman LOCAL LEGALS LEGAL NOTICE Notiea of Hearings Pursuant to Section 2~/of the Town Law and the provisions of the Amended Building Zone Ordinance of the Town of Southold, New York, public hearings wili be held by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Scuthuld, New York, on June 12, 1975 on the fo]lowin~ appeals: 8:00 P.M. (E.D.S.T.) upon application of Luka Piulnic, 33-48 29th Street, Long Island City, N.Y. for a variance in ac* cerdance with the Zoning Or- dinance, Article III, Section 100- 30 and Bulk Schedule for per* mission to retain foundation with insufficient side yard. Location of property: Beachwood Lane, Southuld, N.Y., Map of South- wood, Lot No. 17. 8:15 P.M. (E.D.S.T.) upon application of Lefferts P. Edson, Esq. a-c Gerald H. and Jo Ann Osmond, Bayvinw' Avenue and Cedar Beach Road, Southold, New York for a variance in ac- cordance with the Zoning 'Or- dinance, Article IH, Section 100- 32 for permission to construct swimming pool in front yard area. Location of property: Bayview Road & Cedar Beach Road, ~uthold, Map of C~ar Beach Park~No. ~, ~t Nos. 2, 157. 8:25 P.M. (E.D.S.T.) u~n application of Richard H. Wheeler, Pine Neck Road, Southold, New York for a variance ~ aeeo~ To~ ~w, ~ctinn ~A, for approv~ of aee~ ~om pubic mad. ~ation of pmpo~y: ~t of way off ~uth end ~hffi ~d, ~uld, New York, ~d~ on · e no~ by Ye~tt Pa~ Sub.; ~st by J. ~ws~; ~u~ by F. Moffat Est.; w~t by F. Moffat Es~te. 8:35 P.M. (E.D.S.T.) u~n app~catinn of W~on W~dvngel, ~x ~, Matfit~, New Y~k for a va~ ~ acc~ce ~ ~e ~n~g ~, ~ficle III, ~fion 1~ C (6) F for off- premises "For Sale" sign. ~cation of p~pe~y: ~uth side Midge ~d (~ ~), ~t~e, ~d~ on the ~ by Midge ~d; ~st by Bg~e ~e. 8:45 P.M. (E.D.S.T.) u~n application of William J. Faulkner, Box 355, Fishers hl~d, N~ York for a v~an~ :n a~ce ~ ~e ~ ~, ~cle III, 1~ ~d B~k ~h~e for ~ian ~ ~de p~y ~ ~s~ficient ~ ~d ~ation of pm~y: No~ W~p ~ve, ~sh~ ~d, ~ew York, ~ on ~e no~ by J. Ev~s; ~st by R. Wa~; ~uth by W~p ~ve; w~t by ~. ~iten~. 9:~ P.M. (E.D.S.T.) u~n appncatinn ~ ~ ~. ~ler, ~x~ut~, ~s~te uf ~oreace Moffat, Boisseau Avenue, ~u~old, N~ York for a excep~on ~ acc~ ~m me ~ ~, ~cle Ill, permission to reinstate two inmny ~ ~ p~. ~ation of ~p~y: r. ~ofrat Boisseau Avenue, Soumold, ~d~ on ~e no~ by M. ~o~; ~st by W. Moffat, Jr.; ~h by C. ~t~; w~t by ~i~au Avenue. 9:10 P.M. (E.D.S.T.) u~n application of Stephen Rutkowski, Seawood Drive, Southold, New York for a va~ ~ acco~ce ~m me ~g ~, ~ticle HI, ~on 1~ ~d B~k ~h~e for ~ion th c~t ad- · Uon winch wm ~d~e t~nt yard setback. Location uf property: ' Scawood Orive, ~h~d, ~ York, ~p of ~ Ac~, Bl~k I, ~t No. 9:20 P.M. (E.D.S.T.) upon application of Greenport Yacht Club, Inc., foot of Fifth Street Greenport, New York for i special exception in accordanc( with the Zoning Ordinance Article III, Section 100-30 B-6 fm permission to maintain floating barge for private membership club. Location of property: Sixth $~eet, Greenport, New York, boanded on the north by W. Brawn & A. Scott & Village Line; on the east by Village Line; on the south by Peconic Bay; west by Peconic Bay. ~ 9:30 P.M. (E.D.S.T~ upon application of Hugh C. Newman, Minnshaha Blvd., Santhuld, New York for a variance in ac- cordance with the Zoning Or- dinance, Article HI, Section 100- 32 for permission to construct accessory building_ in front yard area. Location uf property: Minnehaha Boulevard, Scuthold, Map of Laughing Waters, Map NO. 917. Any person desiring to be heard on the above appeals should appear at the time and place above specified. DATED: May 29, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-J5 J .rt C. Dorman being duly Sworn, ... is Printer and Publisher of ~he SUFFOLK CES, o newspaper published ~t Greenport, in said a~t the noti~, ot which ~e ~n~e~ is ~ print~ m published in the ~d Suf~lk W~k~ Times One (l) w~k, ~or ........................... w~ks commencing on ~e Fifth No. 52-4511672 QuoJifi~ in Suffo[~ Coonfy ~mmission Ex~kes March 30, 19~ Seawood Drive, Southold, New York, Map of Seawood Acres, Block I, Lot No. 32. ~ 9:20 P.M. (E.D.S.T.) upon application of Greenport Yacht Club, Inc., foot of Fifth Street, Greenport, New York for a special exception in accordance with the Zoning Ordinance, Ar- ticle Ill, Section 100-30 B-6 for permission to maintain floating barge for private membership club. Location of property: Sixth Street, Greenport, New York, bounded on the north by W. Brawn & A. Scott & Villa]ge Line; on the east by Village Line; on the south by Peconic Bay; west by Peconic Bay. % 9:30 P.M. (E.D.S.T.) upon application of Hugh C. Newman, Minnehaha Blvd., Southold, New York for a variance in accord- ance with the Zoning Ordinance, Article III, Section 100-32 for permission to construct acces- sory building in front yard area. Location of property: Minnehaha Boulevard, Southold, Map of Laughing Waters, Map No. 917. Any person desiring to be heard on the above appeals should appear at the time and place above specified. DATED: May 29, 1975 BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS 1T-6/5 LEGAL NOTICE Notice of Hearings Pursuant to Section 267 of the Tbwn Law and the provisions of the Amended Building Zone Ordinance of the Town of South- old, New York, public hearings will be held'by the Zoning Board of Appeals of the Town of Southold, at the Town Office, Main Road, Southold, New York, on June 12, 1975 on the follow- ing appeals: 8:00 P.M. (E.D.S.T.) upon application of Luka Picinic, 33-48 29th Street, Long Island City, N. Y. for a variance in accordance with the Zoning Ordinance, Ar- ticle Ill, Section 100-30 and Bulk Schedule for permission to retain foundatio~ with insufficient side yard. Location of property: Beachwood Lane, Southold, N. Y., Map of Southwood. Lot No. 17. 8:15 P.M. (E.D.S.T.) upon application of Lefferts P. Edson, Esq. a/c Gerald H. and Jo Ann Osmond, Bayview Avenue and Cedar Beach Road, Southold, New York for a variance in accordance with the Zoning Or- dinance, Article Ill, Section 100- 32 for permission to construct swimming pool in front yard area. Location of property: Bay- view Road & Cedar Beach Road, Southold, Map of Cedar Beach Park -- No. 90, Lot Nos. 1, 2, 157. 8:25 P.M. (E.D.S.T.) upon application of Richard H. Wheel- er, Pine Neck Road, Southold, New York for a variance in accordance with Town Law, Sec- tion 280A, for approval of access from public road. Location of property: Right of way off south end Tuthill Road, Southold, Ney, York, bounded on the north by '~ennecott Park Sub.; east by J. Krukowski; south by F. Moffat Est.; west by F. Moffat Estate. 8:35 P.M. (E.D.S.T.) upon application of Warren Waldvo- gel, Box 250, Mattituck, New York for a variance in accord- ance with the Zoning Ordinance, Article IlL Section 100-30 C (6) F for off-premises "For Sale" sign. Location of property: South side Middle Road (CR 27), Cutchogue, bounded on the north '~y Middle Road; east by Bridge Lane. 8:45 P.M. (E.D.S.T.) upon application of William J. Faulk- ner, Box 355, Fishers Island, New York for a variance in accordance with the Zoning Or- dinance, Article Ill, Section 100- SUFFOLK ~-W YORK ~tz, being duly sworn, says that she is an LONG ISLAND TRAVELER - MATI'ITUCK a public newspaper printed at Southold, Jnty; and that the notice of which the printed copy, has been published in said Fraveler-Mattituck Watchman once each ........ /. ........................ ' ...................... weeks ,( mmencing on the .....~ .................................. · ':.~.. ...................... , 19..~... ( (,. // / .L..:~.i....~....i,?i .......... / ~...~'.......~ ..7.~ .................... to before me this ............ .......... day of ' · ~ .................... 19. TOWN OF 8OUTHOLO, NEW YORK APPLICATION FOR SPECIAL EXCEPTION TO THE ZONING BO~RD OF API~-~J~S, $OUTHOLD, N, Y. (We) Gr~e~ort Yacht Ol~ Imc. o+ Foot of ~-~fth Street N~e S~eet ~d Number ~em~ New Yo~ ~cip~ity Sta~e hereby apply lo TI-IE ZONING BOARD O~F APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE ARTICLE ~ SECTION 100 -- ~ SUBSECTION g -- 6 THE SPECIAL EXCEPTION IS REQUESTED BECAUSE }~taia f!oatin~ barEe for private members~hi~ club because w~ are 'f~c~e~ to move to the oixth ~treet location , The only avaiia~le location to me~t o~r recf~ir~ments to moor ~ elu~ The c!~b hol~s m Five y~sr lease for this ~ocatic~ wzth a Five year renewable 0~tion ~ The present ~lu5 memoership is A5 persons. The clf~ activities causi~t of c~onso~nE yacht~u~ ev~a%~, interna~ club ~rs au~ other affairc. L~tter attach~ will chow a~equate parking space available. STATE OF lk~W YORK ) COb~ OF ~o~-; Sv¢orn to this r~..._..~...~...~, ........ day of .........)J)~7~ ........., lO..~_L ..... NOt~ Public CAROLE A. SCNOLL ¢~OTARY ?USL!C, Site cf /lew York ~.~mmission Dpres ,',;:rch 30, 19'~, FORdVi ZB2 October 3, 1975 Planning Board Village ~f Greenport Third & ~outh St Greenportt N.Y. Attn: Jonathan ~ic~ond Dear Sir$ Your letter of Oct 2 RE: Greenport Y~.cht Club received. Enclosed pl,~e find co!~y of the Appeals Board action and print of the plot plan sho~Ting r~$trlcted ~.arking area as a~proved By Board of Should you have any further questions, ?lezse contact Mr. ~o~rt Gillispie, Ch~r~ of t~e A~.eals Board as I will be out of ~own for some time. Yours truly · ~r ~uilding In$~ect¢,r Of~CCY$ MAYOR JOSEPH L. TOWNSEND, JR. TRUSTEES HENRY CARLOZZI SAMUEL KATZ WILLIAM H. LIEBLEIN WILLIAM QUINN SUPT. OF UTILITIES JAMES I, MONSELL i[. /aoqe olr , t,eealood October 2, 1975 Mr. Howard Terry Building Inspector Town Clerk's Office Southold, N.Y. 11971 Re: Groenport Yacht Club Parking Accommodations Dear Mr. Terry: Enclosed please find a copy of the revised parking accommodations for the Greenport, Yacht Club at the end of Sixth Street, Greenport which was submitted to the Village of Greenport Planning Board on August 19, 1975. Also enclosed is a copy of the Greenport Planning Board's resolution, dated June 27, 1975, approving the Site Development Plan of the Greenport Yacht Club with the stipulation that they comply with the regulations of ~outhold Town and the Southold Town Board of Appeals. In accordance with this stipulation, it is our understanding that Southold Town requires a 50 ft. buffer zone for parking accommodations near residential properties. The revised diagram as submitted, does not show allowance for a 50 ft. buffer zone in the Southold To~n portion of the property. The Greenport Planning Board would appreciate receiving a clarification on the Southold Town Board of Appeals' ruling and also any information or maps you may have on the Greenport Yacht Club's parking accommodations. Thank you for your cooperation in this matter. Very truly yours, Jonathan Y. Riebmond~ Chairman Village of Oreenport Planning Board cc: Gree~nort Yacht Club Subject: Greenport ~acht, Club Date: June 27, 197~ ~SOLUTION A mot;Jori ~as made by Randall Perh~, seconded by J~es Monsell ~ carried to adopt the fo]]owJ, ng resolution with reference to the Greenport Yacht Club. The Vi]]a~e of (]reenport Pla~in~ Boa~d accepts the Si~ Develo~ent Plan of the Greenport Yacht Club and the move from its present location to its new mooring in the basin where Southold Resins, Inc. is now located at the end of Sixth Street, with the following stipulations: 1. The Greenport Yacht Club shall meet all requi,rements relative to sewer, water and lighting as prescribed by the Superintendent of Utildties of the Village of Oreenport. 2. The maps submitted by the Greenport Yacht Club shall be amended to show that the distance between the north edge of the driveway and the fence marking the northern boundary of the property leased by Van Taggert shall be a minimum of 20 feet. This is necessary to allow adequate parking for the employees of Southold ResiMe, The Plannin~ Board understands that the Southold Town Zoning Board of Appeals has granted a variance to the Greenport Yacht Club allowing them the opportunity to moor~ part of their floating club house in the Southold district to operate the club and provide adequate parking within the regulations of the Town of Southold. The Greenport Yacht Club is not to infringe upon the parking necessary for Southold Resins, 30 emp].oyees as approved by the Vil]mge P]anning Hoard. TEL. 765-~66n TOWN OF -~OUTHOLD OFFIOE OF BUILDING INSPEOTOR TOWN OLERf('S OFFICE E~OUTHOLD, N. Y. 11971 TOWN OF SOIJTHOLD BUll.DING DEPAIITI~.NT Town Clerk'~ Ol~ice $outhold, N. ¥. Certificnte Of Occupnncy No. ~J89 ...... Date ............... .J..I~.~...I~8..., 19.?~. THIS CERTIFIES that the building located at . I//tt .(~.~ .................. Street Map No.l~. ~o~a. ~,. l~lo~ll~.~? ......... Lot No... ~$~.~J.. ~ jZ...j..N ~.*. ..... confom subst~ti~ly to ~e Applica~on for ~ermit heretofore f~ ~ ~ office dat~ ..... ......~. ~..., 19.~., was issued, ~d co,ores to ~ of ~e mq~ ments of the app~cable pro,iota of ~e law. The occup~cy for w~ch ~ ce~fficate ~ ~sued ~ ~.~$~}. ~. ,( .Xa~hJ..~.~ ........................... ~e ce~fficate ~ ~sued ~ . ~~..~h~ .~...~$~ ................... (owner, lessee or ten~t) of the ~ores~d bu~d~g. ~ S~o~ Co~ty Dep~ment of He~ Approv~ ~e. ~.ee~p~t. ~1~ .~t~. UNDER~ITERS CERT~ICA~ No. ~*'2.~. O~$gP~$. ~.~ ....... HOUSE NU~ER... ~e. ~eet .P~8~ .0ff~e. f~.~ffie~ ............... B~g ~sp~ FORM NO. $ TOWN OF SOUTHOLD , Building Deportment Town Clerks Office $outhold, N. Y. 11971 APPLICATION FOR CERTIFICATE OF OCCUPANCY Instructions A. This application must be filled in typewriter OR ink, end submitted in DUPLICATE to the Building Inspector with the following; for new buildings or new use: 1. Final survey of property with accurate location of oll buildings, property lines, streets, and unusual natural or topographic features. 2. Final approval of Health Dept. of water supply and sewerage disposal--(S-9 form or equal). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings end installations, a certificate of Code compliance from the Architect or Engineer responsible for the building. 5. Submit Planning Board approval of completed site plan requirements where applicable. B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing" land uses: 1. Aocurote survey.of property showing all property lines, streets, buildings end unusual natural or topographic features. 2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings. 3. Date of any housing code or safety inspection of buildings or premises, or other pertinent in- formation required to prepare o certificate. C. Fees: 1. Certificate of occupancy $5.00 2. Certificate of occupancy on pre-existing dwelling or land use $5.00 3. Copy of certificate of occupancy $1.00 Yacht Club Barge , xxxxx D~te ....,/.../.. ~... (~./.....~...~.. ......... B il i ~ e of Soul xth SL'.. New d ng ................ ................ ............. :.. .............. Location Of Property Jamea ~oman and Amanda Kappa Owner Or Owners Of Property ....................................................................................................................... Subdivision ..........................................Lot ~ v~ilage o~' ~;re~;~' ,~ ............. =~OCK r~o ............. ~ouse mo ............. · t wer s'ste · Perm,t No ..................... D~'~ ~ht'~rr~F . Z :~l~pp cant .................................................. Health Dept. Approval ............................................ L~bor Dept. Approval ................................................ Underwriters Approval .............................................. Planning Board Approval ....... ..~. .............................. Request For Temporary Certificate .............................. F hal Certif cate F Submitted $ ...~ ............................... ~e~o is requested pursuant to Bd. of Appeals decision dated 6/24/75. Construction on above described building and permit-meets alJcepplicable codes and regulations. Sworn to before me thi;uly ¢~f~'~.~C ;F J *Suffolk ~ ~.~ . ................ aoy aT ............................................ '%~ , ~ Notary Pub c .................. County ~"o4 .~..~x,~'¢~ ......... + . ~ro Wlll£amYoun~ Greenport Yacht Club Greenpcrtt N.Y. Sure ~5, 197~ Dear Sir! The Board of Appeals at a meeting yesterday appx~bved the Club application for a/mooring of the barge an~ use as a "Membership CluB" with th~ following conditioner 1. Parking be according/to the current To~m requirements - not closer than %0 ft to reeide~tial properties on westerly s~de of Resinm property. 2. Any external ill,,m~nation or floodlighting be confined to the immediate premises~- no lighting to shine over the property line on adjacent ~.roperty. ~. fmy cth~r condition~ as outlined in the zoning ordinance. Your notice of apl~roi~al will be mailed after the next regular · eeting of the Board~Wheia it is signed and recorded with the Town Clerk, ,Whoa you have e~ple~ed all "h~okups "and re~dy for use you ca~ app~.y ~ your cert~fica~e of occupancy, application forms attached. Your~ truly Form No. 3 Building Department VILLAGE OF GREENPORT 23B THIRD ~STREiET, GRKENPORT, L. I., N. Y., 11944 ,Tel. Greenp~rt 477-0248 Building Permit This Permit Must Be Kept on the Premises With One Set of Approved Plans and Specifications until Full Completion of the Work Authorized D=te ..... ~a.y. ?L,. ~77.~. ................ is .... N? 595 Ferm:'ssi~n is hereby gron~ed to: ............. .o.r.e.e.n~qo. V.~. ~vg.ch~..c.~.b ....................................... moor Greenport Yacht Club barge in basin at foot of 6th Street as .......... ?!??.~. .?n. . s.u. .ry. ~ ................................................................. at premises I~cated ~t .. ~ggart. pr~p~.ty. (E~.-Lswor bhs~. ~-:~st. ~i~e. 6~,h, .~t~.eet ............. pursu=nt to~ ~pplioaii~on id,ated .... ?~a~..2.3.~, .l?.~ ........... 19 ..... and plans ~t~:l Spt ~ications appr~:ved bY the Superintendent ~f Buildings. Cost )of C,:nstructi,on $ ................ ~.oo Fee $ ................ Su~oerJntentlent Of Buildings SOUTHOLD I~ESII"IS MFG., I~C. 131 SIXTH STReeT GREENPORT, NEW YORK 11944 (516) 477-18~1 Southol, Town Ioar~ of Appeals ~entlemen: This is to certify that ~ aceor~a~ce with an ag~rce~e~t with ~he C~eenpprt Yacht Club, we will supply parking s~am for the entire club ~em~erahip and their guestS for the cca~lete ~erm of the Five year lease. Greenport Yacht Club, Inc. Greenport, New York 11944 June 2~, 1975 Mr. Robert Gillispie, Jr., Chairman Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Dear Mr. Gillispie: At the hearing on June 17, 1975 regarding our application to allow the Greenport Yacht Club to tie its barge in the boat basin at Southold Resins, Inc., you asked us to furnish a map showing the proposed parking and the location of the Yacht Club barge. You also asked for proof that the Yacht Club will be serviced by the Village of Greenport for sewage, water and electricity. Accordingly, I am enclosing the following: (1) Map prepared by Roderick Van Tuyl on June 20, 1975. (2) Letter from James Monsell, Superin- tendent of Utilities dated June 23, 1975. ~4r. Monsell's letter is self-explanatory. Mr. Van Tuyt's map shows the proposed location of the Yacht Club barge as well asa layout of 47 parking spaces allowing 350 square feet for each parking space. Our membership has never exceeded 45 and at the present t~me we have 39 active members. Mr. Howard Terry, Building Inspector, has computed that the entire property has enough space for parking 108 cars. As you know, Mr. Taggart has given us permission for an additional 61 spaces on other portions of his property if this becomes necessary. As you are probably aware from viewing the property, this boat basin is a present non-conforming use having been used con- tinuously as a commercial marina for tying and mooring of fish- ing boats. The proposed use by the Greenport Yacht Club will be an upgrading of this use. Contrary to what you might have heard, none of the surround- ing neighbors will be affected by the mooring of our barge at this site and I respectfully submit that the Board should grant permission to allow the Yacht Club to moor its barge at this location. Very truly yours, William E. Young, Commodore June 23, 1975 Mr. William Young Commodore - Greenport Yacht Club Greenport Yacht Club Greenport, New York 11944 Dear Mr. Young: The Greenport Yacht Club Barge or Meeting Facility which was located at the end of Fifth Street in the Village of Greenport has been connected to the municipal sewer system since July 1967. The Barge or Meeting Facility has plans to move to the foot of Sixth Street; 1/3 of the Barge will be in the Village of Greenport and 2/3 will be in the Tn~ of Southold. The Village Sewer Ordinance provides that all structures or users within the Village of Greenport must be connected to the municipal sewer system, The Greenport Yacht Club or Meeting Facility must connect to the Village of Greenport Sewer System and comply with all of its rules and regulations. Water from the public water supply is also available in this area. If I can be of further service, please call. e~ ' James I. Monsell /Superintendent of Public Utilities JIM:hr Greenport Yacht Club, Inc. Greenport, New York 11944 June 24, 1975 Mr. Robert Gillispie, Jr., Chairman Southold Town Zoning Board of Appeals Main Road Southold, New York 11971 Dear Mr. Gillispie: At the hearing on June 17, 1975 regarding our application to allow the Greenport Yacht Club to tie its barge in the boat basin at Southold Resins, Inc., you asked us to furnish a map showing the proposed parking and the location of the Yacht Club barge. You also asked for proof that the Yacht Club will be serviced by the Village of Greenport for sewage, water and electricity. Accordingly, I am enclosing the following: (1) Map prepared by Roderick Van Tuyl on June 20, 1975. (2) Letter from James Monsell, Superin- tendent of Utilities dated June 23, 1975. Mr. Monsell's letter is self-explanatory. Mr. Van Tuyl's map shows the proposed location of the Yacht Club barge as well as a layout of 47 parking spaces allowing 350 square feet for each parking space. Our membership has never exceeded 45 and at the present time we have 39 active members. Mr. Howard Terry, Building Inspector, has computed that the entire property has enough space for parking 108 cars. As you know, Mr. Taggart has given us permission for an additional 61 spaces on other portions of his property if this becomes necessary. As you are probably aware from viewing the property, this boat basin is a present non-conforming use having been used con- tinuously as a commercial marina for tying and mooring of fish- ing boats. The proposed use by the Greenport Yacht Club will be an upgrading of this use. Contrary to what you might have heard, none of the surround- ing neighbors will be affected by the mooring of our barge at this site and I respectfully submit that the Board should grant permission to allow the Yacht Club to moor its barge at this location. Very truly yours, William E. Young, Commodore OffiCCY$ MAYOR JOSEPH L. TOWNSEND, JR. TRUSTEES HENRY CARLOZZI SAMUEL KATZ WILLIAM H. LIEBLEIN WILLIAM QUINN SUPT. OF UTIL|TIES JAMES I. MONSELL [.La ae of Ot'een/vod June 23, 1975 Mr. William Young Comodore - Oreenport Yacht Club Greenport Yacht Club Oreenport, New York 11944 Dear Mr. Young: The Greenport Yacht Club Barge or Meeting Facility which was located at the end of Fifth Street in the Village of Greenport has been connected to the municipal sewer system since July 1967. The Barge or Neeting Facility has plans to move to the foot of Sixth Street; 1/3 of the Barge will be in the Village of Oreenport and 2/3 will be in the Town of Southold. The Village Sewer Ordinance provides that all structures or users within the Village of Oreenport must be connected to the municipal sewer system, The Oreenport Yacht Club or Meeting Facility,must connect to the Village of Greenport Sewer System and comply with all of its rules and regulations. Water from the public water supply is also available in this area. If I can be of further service, please call. sVery truly yours, I. Monsell Superintendent of Public Utilities JIM:hr E~UPREME COURT, SUFFOLK CouNTY A ~LEyJ~NDER SCOTT r~ [~RRI~T SCOTT, Plaintiffs MEMORANDUM SpE-~IAL TERM BY U~VDERWOOD, JRJ. S. C. DATED VS. RESII;S, INC., et al.., Defendants PAGE FOUR Zndex No. ~ ~otion i~o. 82~ ~.i: ,; "' (GuTney's Inn Corp. v. 16~731-60), and that there has been no violation by the 10Z0 Laws Of 1974, codified as Village Law ~oCtiO~ 20-2000. th~ latto~ section that Town O~ East H~mpton, "An order, rule or r~gulation ~hich ", Finally, applying ~he precepts governing motion~ fO~ ~ ) ', ~Cn~, th~ plaintiffs h~ve fai~ed to overcome ~he p~e~ptio~ O~ :L', . attached to ~he rezoning ordinance enacted by the Village Of The bur(ion of proof is on the party cha=gi~g tho :.. ~u~lci~al zoning oru~nancu. (Matter of ~lf~ohn v. Burdun, ~4~ J-.' ho ~st sh~ that ~e zoning ordinance l~ no= Ju~iEiea by any ~ .'~ ~nterprotation of the ~act~. Plaintiff~' va~e reference ~ O D ',, CO~ac~ zoning, Ls not persuasive. Moreover, i~ ap~ f=~ ~,.~ ,'~o=ney's ellegations, which for the pur~ses of ~ motio~ are ~ '~', ~ (Schneider v. Elvin, 22 Misc. 2d 127, 203 5~S 2d ~0, ~ dU~ pxoce~=, Dr~or to tho enactmon~ of the ordinance. ~e N;co;~ ~ ' ,. .'~ '~'~' , ~0-2005 CE the Village Law, pursu,nt to ~ich p~[t~ In conc,Luaion, tho motion by the defendan~ 8~folk ~ C~iOolon for ~u~ar~ judgemen~ and for a pxotec~iv~ ~ion of thi~ mot}.on, is ~ranted. The croos-~ti~ by ~ ~, ..~u~a~ Jud~ent, is ~enied. ~) ~'' ': be~t~Le one order on no,ice. .-~ ~' , ,- ..... · / E~UPI~EME COURT. SUFFOLK COUNTY ~m ROD~T W. D:OORE & DI~A L. PLaintiff& . G~OI~GD C. ST~I~I, ESQ. A~t~r~yS for Pla~nt~ff~* ' ~a~ Road Oouthold, [~ow York [19/l ~u~folk County C~nter llivozhead, lqew York County ii,BY UNDER~'OOD, DATED SPECIAL TERM Mol:ion N'~.. Arty. for Def. 403 Main greonpor t, ~ow This is ~ motion for summary judgment by the co-defenda~, Planning Commission, ~- ~udg~ent brought Dy the owners (commission"), in un action £or of real property %:0 h~ve certain · elated void ~nd of no effect. i ' The gist of .olaintz. ffs cause of action egninst the tO b~ ~ounded upon ~n alleged f~zlure of the co. lesion to ~otif~,'~ "~s~ York of thc nu-~tic~t~on for the rezoning, as allegedly ' 1327 Of the Suffolk County Ch,.rter. ' Gtvin~ the t~Laintzffs tho benefit of every fa~ablo Qay DO drawn from the .'leading:~ and the affirmation of " , a~ 0¢ ~he opinion that the Commission has established its defense '-: tO wa~Eant ~o Court in directing suF~ary Jud~enc In its favo~ :tho =ezoning complained of, and therefore, It must flrct be pointed out that the Co~/~ission refuzedtOaD~..~.o"~',~ " olaintt~fs' claim thne tO notice, Section 1327 of the Su~£O[k ~oun~y ~ state agency havln~ otatutory ~eo[~°~tb~i~? has been adversely affected, cnnno~ bo attributed on the cu¢,~ticn of in substnnc~, t:hat ,;. ~ ~,B f~ · SUP~REME COURT, SUFFOLK COUNTY ALR,~b~DER SCC'7~ & ~U%RI~.[~' SCOT'[', ?taintiffs VS. D,~ fend 5nts -MEMORaNDUm DATED · PAGE TWO onvironmenta[ ~ro,_~.~lon, may inter~oa~ an objoctio~ with :.~o~d that the z, ction i~ likely tO produce water poll,!ia, or .' · '~ ]~o d~structive of estuarine values", and fur!heN tha~ ~n a c~:e ~n which the ~lanning eo~miasion ro~elva~ ~ Otat~ agency charged w~th the duty of protoctin~ the action ~pproved by th~ commfasio~% with zoning adopted by the referrin~ bo~y, except as ame~de~ f~ accord~n=o Shoulu £ accept p!~intiffs' version of the road into it a ?revision requiring that th~ f~cta ........... 'This is so Decaus~ the gr0nti~g Of ouch The p!.aintiffs have csoss-moved for sum~a=y ~] · th~ defendants. Thc mo!ton is supported solely by the attOr~Cy~; .'. , ~ ~The statutory standard for tho supporting proof ' th~ motion ~ust b~, su?-~orted by nn ~f~ldavit 6f a person having construed, and n~plied in the form enacted." ~tate agency concerning any application for r~=onl~g ~ ".'~viTor~mont or the %:.et[ands. [~uch a reading in" ~o~ld f~ndament~l rules governing statutory construction. S~c. 10.,,~ Un~er th~ do,.trine of sopa_ation of that the courts may not ~egislate, nor may they to construe a :~tatute is not freedom to MEMORANDUM r , ~UP~IEME COURT, SUFFOLK COUNTY · ~%L~2~TDER ~CO%~i' & [~A~IFT gCO~, SPECIAL TERM BY UNDERWOOD, JRJ. S. C. DATED Jltno 17, 1975 Eo~lo~ l~O. ? ~.y. 2d (S. J. Cap, lin A~eoc. Ino. 34 ~ 2(1 4'70. 357 ~YS 2d 478, 480) Out,tending among pl. aintiff~' claim~ o£ imvalidi~ ~ha~ tho amendment to the ordinance ia unconstitutional in "=~X3~ zoning" w{th[n the purvie~ of Udel v. ~aao, (2[ ~ 0B~), h~.over, plaintiffs have failed tO demonstrate, b7 ~dod u~on ~ernona[ knowledge, that the re~oning has had O~ t~ir propertie~, nor ~as there any evidenciary zhowing OX ~e ~uffering of detriment. (I~en Contracting Corp, v. 279 App. D~v. [010, l!t N.Y.S. 2d 488, 2nd Plaintiffs' bald contention that the ord~n~co conatitu~ zoning", ie insufficient tO sustain their burden on the ~OW ~o~k Zoning Law and P~actico. Second Edition, Sec. 5.02, ". ...... Tho court~ have rec~nized tha~ ch~ge and need for amendment of ~oning regulation~, and tha~ .v~r7 '~!ly one which disrupts r~thor than implement~ ~e c~preh~siv~' A~ ~t~ted by tho Court of Ao~alo in o~s v. (30~ ~ 115, 12t): ..... .. l~ile stabilitF and re, laXity ~e .°~ra~t°n of toning plan,, zoning is by no ~ean~ ~atic. Ch~d Or I fine from the record before mo that the Village I ,r~.:~l* - -----'* ' ReaIProperyTaxServiceAoencvl~,~Ec~ L~40 I TITLr= ~. 8Z'41'ZO"E=. - 165. lc) 4, '~Ul~vr=y r=D ~VAL,I. I"0 I ' I '.,% CL L ~U~v~y~D ~L~LL' 40' 6 [2 E ~,~ po-~T [" TI'I' l