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HomeMy WebLinkAboutFARR, KATHERINE � t 3 tt1 TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 September 16, 1983 Mrs. Judith T. Terry Southold Town Clerk Southold Town Hall Main Road Southold, New York 11971 Dear Judy: Transmitted herewith is the action taken by the Board of Town Trustees at a regular meeting held on September 13 , 1983 : RESOLVED to recommend to the Southold Town Board approval of the Wetland Application #159 submitted by En-Consultants, Inc. , on behalf of Katherine Farr as per application. Very truly yours, Board of Town Trustees Z.% Paul Stoutenburgh' President PS/ip BOARD-OR TOW' UtT °USTEES IT Q" SOUT OL: S FOK U� COU T Telephone ,. 516-765-1938 Southol `3 . 11971 March 5, 1982 Mrs. Judith T. Terry, Town Clerk Town Hall Southold, N. Y. 11971 Dear Mrs. Terry: The following action was taken by the Board of Southold Town Trustees at a regular meeting held March 2, 1982 : RESOLVED to recommend to the Southold Town Board approval of the wetland application, #88, of Kathrine Farr to construct two bulkheads, two floating docks and to dredge in Sterling Creek, Greenport. Yours truly, Paul Stoutenburgh, President Southold Town Trustees Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OP VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD August 25, 1983 Mr . Paul Stoutenburgh, President Board of. Southold Town Trustees Southold Town Hall Southold, New York 11971 Dear Mr. Stoutenburgh: Transmitted herewith is application no. 159 for a wetland permit submitted by Enconsultants, Inc. , on behalf of Katherine Farr. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Judith T. Terry_ Southold Town Clerk Attachment m Town Hall, 53095 Main Road . P.O. Box 728 ,Southold, New York 11971 JUDITH T.TERRY" TELEPHONE TowN CLERK (516)765-1801 REGISTRAR OF VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD February 22, 1982 M:�. Paul Stoutenburgh, President Board of Southold Town Trustees Southold Town Hall Southold, New York 11971 Dear Mr. Stoutenburgh : Transmitted herewith is application no. 88 for a wetland permit submitted by Enconsul.tants, Inc, for Kathrine Farr. Please prepare a written report of findings and recommendations with respect to this application. Very truly yours, Judith T. Terry Town Clerk JTT/bn Sterling Creek Town Of Sont6h) Town Clerk"e Office .r+otilhold, N. Y. APPIA,'All1ON 1011 'WrETLANDS PERMIT / Application No. .....�5.�. — / ............... Date of Application .. 1�5.7..0� �../.9 ...... ?ch ' Identity, of Applicant .. IJn-Consultants Lnc. [or Katl)ri.ne. Farr, PO Box �68 ...........................•.... .......,...••....,,............,.,...,..........,,•...........:...G.ree.npart, NY 1194� Ac'd ress of Applicant .....64...N.o.r.th.J li.n..S.l 1.c:c.l: ` :. .aJr�.u.�l)f7))U�.Lp.�.,..1.v.a...1.......1.1.9.U1i.,......•................ t{.r INSTRUCTIONS FOR PERMIT A This apl)licot,on is to be completely filk'd m I)y twewriter or ink and submitted to the 'sown Clerk in cluar,.lrui)hcote• accompanied by writler frc)m the owner Of the prorerty if not the scln,n as the applicant. �. P110t Plon mc..ist be drown to scale on Ilse reverse icle of this application showing the location Of proper y rile names and locations of owners of adjoining properties, and a detailed description ( f proposed project. (Note' Copies of the Pilot Plan may be made by a copy mochine nrld attached to the Permit Applicotion.) C tJc of)r,rntion ;;hall be initiated by the npphcaiil until c,ll permits that are required are issued. ..'. ."•:i..:�rr•.��i� Vr I'l? r(_'rlul)rlrloholl (,I td 1)r!;lhlscCl COm.11tion of the premise after file wort )„ _ ),rI)!cic:.! rnusl I)C 91M), inCludn-)g Cltiler •c`� if rrgr,rircd. E It tier" ,1 I , h I (� ;i:)Uq�lt ft:)1' a mole `:i7oaldc (!?,,( llvcdio i'1 than, the construction Of 'a private su,.ile dock .)r i It}, then+ Illis application ))n)sl I)e ncr,omparlied by a survey and topographical map c-ertified by a :cg,siercd land survey or Pr_;fc ', r{u;l !:ilginr_cr. The horizontal control Of survey shall be based upon an approval local coordinate ;ysienl. I he vertical control for elevation and sound- ings shall he bascc; {.,pan United Slates n Coast and Gcc('etic Scicy and/or United States Geological Survey datum. F. A s!nterr,r i! must accompany the CiPplicatic ,`escribind any known prior operations ' "' p p conducted On t!)r PI0Mi; in question and whether any prior !iconses ar permits have been i=sr,ed to erect s' ::truclure, nr in clrcdyC or deposil fill on saki PrcmiSCS Ond \!)ether any Such permdts or licenses it Q'� ;rd 0I suspended L;y a goverrlrneni al agency. . of y25.00 sholl accompanv the al)l)lirnlio n This (ilinq fee includes one inspection ;here is r; `5 00 fr?e (ar each additional insl)cction. p> `{ lt_ Tl,r T )w,i E3. crcl rlpon 1-crlu0!I Q f t I I C nphlicrcnit fqr n ! C'mi1, may waive in whole or in port, ! "^ prc,• =.•r.n of l�rticic II SCClior� subdivisions ( oilcl where it finds that nature of the proposed or.)-notions ore such that 1-he requircnjcnls c?f sr.rc11 provisions are not necessary for a i=IOPcr r.r r,;i ire{at :,.;) of a permit application. I 'pOn opprovol Of this application the Town Clerk will issr.re a permit to the applicant. Such 1Crill shall be available for inspection at any lime, ufaon recjuesl, Il� � ji, Examined ... 19 ;. Approved .......a 2�� Disapproved ........................................................... Conditions, if any ... ......... .. ........... .............................................. ..................................................................................................................................... ............................................... .................................................................................. Examining Body ..... 6 ....., C' -` 7........................................... ........... ......... Signature of Chairman ..... C/.. ...................".,.... .... .............. ... .... ...l.... .......... APPLICATION IS HEREBY MADE to the Town Board of the Town of Southold, Suffolk County, New York f or the issuance of a permit pursuant to the Laws, Ordinances and Regulations govern- ing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Southold: Permit requested to ............�SE..ATTACIIGD�......................................................................................... Location of property for which permit wanted...M/P..Mr3nfangpt... Aye,;,, Gr�enpo"rt, , Suffolk County, N. Y. Home address of permit applicant if different from aforesaid location .............................................. ........... ....................................................................................................... LJ....4... 1__.-� -a.. ,C}-nr� inn ('• ..�. . ..: .. .. ._ _ _. ... ........ y r.vf.....,r ...."........... ...........:................................................................... .................................................................................................................................................................. Size of proposed work: Length ... f.?...'.....`.:.. .T:..:�.1......................... . .. Ilr.r�. 1/ ........ .................................................................. . Width .......,..::................................. .. Height Above High Water ............................................. Depth Below Low Water ....... ....i......... .................... ............... Yardsto be Excavated ..............:.... . ................. .................................................................................... AYards to be Filled ............................................................................................. ..................................... ,r Width of canal, creek or bay fronting roe ...... ........f.... h , Depth at Low Tide ...............7.L........ ............................................................................................. Average Rise in Tide ................... , Y:4 Is this for private or business use? ........bus.iness .... ................................................... ....................................... AreaZoning ............C.Q.me cial............................ ............................................................................... bucket crane. bulldozer and truck Manner in which material will be removed or deposited ............................o..........,............... ... .... „y .. .............................................. Intended use of Allow moorin of sailboat property ....$..... ...., s used forI. charter operation Written consent of owner of property, if not the some as the applicant .....(SER.,AXIMHEA)........ .......................... ................................................................................................................................... ....,............................................................................................................................................................. COUNTY OF SUFFOLK ) STATE OF NEW YORK ) SS: ........Ray..L....Haj.e......................................:...........................:.................... being duly sworn deposes and says that he is the applicant for the above described permit, and that all statements contained herein are true to the best of his knowledge and belief; that the work will be done in the manner set forth in this application and as may be approved by the Town Board of the Town of Southold. The applicant agrees to hold the Town of Southold and the Town Board harmless and free from any and all damages and claims arising under or by virtresaid perm' , if granted. .... ....... ... . ............ .................. SignatureApplicant Sworn to before me this ................................ rtnv M Fc-hrnaru 10 01) 1.. ..... .................................................. Notary Public Yrik • ;1 Term s r "r Fa nr (5, 1 : �n 1( v Y�rv�F r ; 1 is .,V AMi RBI TOWR ftk _ d Sterling Creek Town Of Southold Town Clerk's Office Southold, N. Y. APPLICATION FOR WETLANDS PERMIT Application No. .. ..................... Date of Application ................................................ Identity of Applicant ....En„Consultants Inc: for Kathrine Farr, PO Box 568, Greenport, NY 11941 Address of Applicant .....64...Ior.tlz.�Iai.n..St;xssk.,..SAuthamp.tAJ],..A1.,..Y.......1.J.9.h�......................... INSTRUCTIONS FOR PERMIT A. This application is to be completely filled in by typewriter or ink and submitted to the Town Clerk in quadruplicate, accompanied by writter permission from the owner of the property if not the some as the applicant. B. Pilot Plan must be drawn to scale on the reverse side of this application showing the location of property, the names and locations of owners of adjoining properties, and a detailed description of proposed project. (Note: Copies of the Pilot Plan may be made by a copy machine and attached to the Permit Application.') C. No operation shall be initiated by the applicant until all permits that are required are issued. D. A detailed statement of the rehabilitation and proposed condition of the premises after the work is completed must be given, including a survey if required. E. If permit is being sought for a more sizeable excavation than the construction of a private single dock or jetty, then this application must be accompanied by a survey and topographical map certified by a registered land survey or Professional Engineer. The horizontal control of survey shall be based upon an approval local coordinate system. The vertical control for elevation and sound- ings shall be based upon United States Coast and Geodetic Survey and/or United States Geological Survey datum. F. A statement must accompany the application describing any known prior operations conducted on the premises in question and whether any prior licenses or permits have been issued to erect structures or to dredge or deposit fill on said premises and whether any such permits or licenses were ever revolted or suspended by a governmental agency. G. A filing fee of $25.00 shall accompany the application. This filing fee includes one inspection; there is a $5.00 fee for each additional inspection. H. The Town Board upon request. t. 7 applicant f a permit, may waive in whole or in part, the provisions of Article II, Section }$, subdivisions (9 and ('where it finds that nature of the proposed operations are such that 'the requirements of such provisions are not necessary for a proper consideration of a permit application. I. Upon approval of this application the Town Clerk will issue a permit to the applicant. Such Fermit shall be available for inspection at any time, upon request. Examined .................................................. 19....... Approved ................................................................ Disapproved ........................................................... Conditions, if any ................................................,................................................................................ z .................................................................................................................................................................. .................................................................................................................................................................. ExaminingBody ..................................................................................................................................... Signatureof Chairman ......................................................................................................................... APPLICATION IS HEREBY MADE to the Town Board of the Town of Southold, Suffolk County, New York, for the issuance of a permit pursuant to the Laws, Ordinances and Regulations govern- ing the Coastal and Interior Wetlands, Flood Plains and Drainage Areas of the Town of Southold: Permit requested to ............ SEE. ATTACHED).........,................................................................................ ................................................................................................................................................................. Location of property for which permit wanted...W/S..Manha ug..,, Gm n qn.................... Suffolk County, N. Y. .................................................................................................................................................................. Home address of permit applicant if different from aforesaid location .............................................. .................................................................................................................................................................. Creek, Bay or Harbor fronting property ...Sterling„Creek . . .. . .................................................. .................................................................................................................................................................. Size of proposed work: Length .....��J.����") .)................................................................................................................ t % Width .....�v.................................................................................................................... .................... HeightAbove High Water ..-................................................................................................................. DepthBelow Low Water ..... /...!. :..:'.1............................. ................................................................ Yardsto be Excavated ................... ..................................................................................................... Yardsto be Filled ............:::::�................................................................................................................. n T Width of canal creek or bay fronting roe �G Depthat Low Tide ...........:J.,........................................................................................................... AverageRise in Tide ............. ............................................................................................................ Is this for private or business use? ........business.................... ........ ., .............. AreaZoning ............C.04w1p-Xr.iaI............................................................................................................. Manner in which material will be removed or deposited ...bucket crane.,..bulldozer and truck .... ........................ . .................................................................................................................................................................. Intended use of property .....Allow mooring„of„sailboats used„for„char ter„operation , ,,, ............ . .................... .................................................................................................................................................................. Written consent of owner of property, if not the same as the applicant ..... ........ .................................................................................................................................................................. .................................................................................................................................................................. COUNTY OF SUFFOLK ) SS: STATE OF NEW YORK ) ........RQ.y..1....Ha1s....................................................................................... being duly sworn deposes and says that he is the applicant for the above described permit, and that all statements contained herein are true to the best of his knowledge and belief; that the work will be done in the manner set forth in this application and as may be approved by the Town Board of the Town of 'Southold, The applicant agrees to hold the Town of Southold and the Town Board harmless and free from any and all damages and claims arising under or by virtue said rm' , if granted. .......... �...... ................................. Signature Applicant Sworn to before me this ............�.. ............... day of .....F.ehzuazy............................... 19.82.... J . 1 Notary Public PATRICIA FORD Notary Public, state of New York No. 4666151 Qualified in Suffolk County,. jerm Expires March 36, 19t�✓ (Description for Kathrine Farr) Construction of 13' and 41' sections of timber bulkhead with S' return on n/s in configuration indicated on attached work plan. Installation of floating docks of dimensions 70' X 6' (to be placed adjacent to existing bulkhead) and 40' X 6' (to be placed in front of proposed section of bulkhead) . Dredge an area 40 X 20' to 4 below MLW and place resultant 35 cu. yds. on adjacent upland as backfill. Purpose of project is to allow mooring ofseilboats used for charter operation. �. `46 ,✓�E s OA TUM: MLW nCl—% ?, PVIlPOtE: SAiA.OoAt MOOR/N4 � a 3. A OJACENr OWNER' A. PATRwA KOHL coca -r PROPOSED Bul-K HEA O Ail Dog I Q 3 Z •L 1, 0 o c A • GR8sN1oRT NAR 6oR SUFFOLK Co. HAG srRoM MAP ?G SCALE I O 20 yo \. +ir �\ v c `'� T �•• s'yo os�10 s' 00 a op �T a� 0, /3' '.'p,PF�F'ro �1 y 3st �:yo��'�'c�O�,•'�ti 3, Y1 q r MANHANSET AVE �Sgf'f° Cha.� ��n p P 61AT , E is CONCRETE RU43LE 61G° WALES (roP 4SoTrom) (to re ma►in� MHw-2= 6" PROPOSED Buc.KHEADs, MLM/o '-0" /FLOATS 4 DRED_ G/NG $ d LPos-T TiE ��� T Tor K A TH RWE- FAR R DEAOMAN Roo �N a Qorro n Par GREENPO<tT, TOWN OF SOUTH04-0i Suf:r-oLK Co.; N. Y. TO GE REMO VEo on STER L.INC! CREEK axioXi� T.f,S. SNEATN/N� br -N- CONSULTANTS, INC.. 0 S /O 6 4l N. MA IN s-r. 8¢x/41 PIL/NCr Sou rH A MPToN, N•Y, //96a SHEET /of I CROSS SECTION THRU PROPOSED OULKHCADI FLO AT,1* DREDGING OFFICE-OF. TOWN CLERK TOWN OF SOUTHOI,D Ca JUDITH T.TERRY SUFFOLK COUNTY TELEPHONE TOWN CLERK kl, (516) 765-1801 REGISTRAR OF VITAL STATISTICS " Southold, L. I., N. Y. 11971 February 22 , 1982 To Whom It May Concern : Attached hereto is Environmental Assessment Form completed by Enconsultants for Kathrine Farr in connection with her wetland application no. 88 for a wetland permit. Permission is requested for construction of 13' and 41 ' sections of bulkhead, 701x6 ' and 401x6 ' floating docks , and dredge an area 401x20' to 4 ' below MLW at west side of Manhanset Avenue, Sterling Creek, Greenport , New York. /JTith T. Terry Town Clerk Posted on Town Clerk' s Bulletin Board on 2/22/82 . APPENDIX S NAME OF PROJECT SHORT ENV?S?ONMENTAL ASSESSMMT FORM INSTRUCTIONS: (a) . In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary, (c) if all questions have been answered No it is likely that this project is not significant, (d) , Envirormental Assessment 1. Will project result in a large physical change to the project site or physically alter more than 10 acres of land? Yes > No 2. Will there be a major. change to .any unique or unusual land form found on the site? . . . . • Yea No 3. Will project alter or have a large effect on I an existing body of water? , ,• . • • . Yee �! No 44 Will project have .a potentially large impact on groundwatar quality? . Yes I No 5• Will project significantly effect drainage flow on adjacent sites? • . • . • . . • . • • Yes I No 6. Will project affect any threatened or endangered plant or animal species? • • • • . • • • ' Yea I No 7• Will project result in a major adverse effect on .air quality? . • • • • • , • a • • • Yee I No 8, Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to,the community? • . , Yea I No 9• Will project -adversely impact any site or struct- ure of historic, pre-historic, 'or paleontological importance or any site designated as a critical environmental area by a local agency? , , Yes _ No 10. Will project have a major effect on existing or future recreational opportunities?' , , Yes No 11. Will project result in major traffic problems or cause a major effect to existing transportation systems? • • . • • . • • . • . . Yes IIII No 12. Will project regularly cause objectionable odors, noise, glare, vibrazion, .or electrical disturb- ' ance as a result of the projects operation? Yes No 13. Will project have any impact on public health or ` safety? . .• • . . • , . • . . , Yes No lk. Will project affect the existing community by direcily .causing a growth in permanent -popula- -ion of more than 5 percent over a one-year Period or have a major negative effect on the l character of the community or neighborhood? . Yes i No 15. Is there public ontrove sy concerning .,the projectr es No PREPARER►S' SIGNATURE: TITLE: i REPRESENTING: r�✓l `— DATE. 9/1/78 Fidmind Yachts Inc. CLAI NO. CFIECK Manhanset Avenue Box 568 7 6 3 2 g g Greenport, New York 11944 0,• ❑HOLDaa'ggi w. •,. n.:,:Y•�+ \ .DATE 15' 61Ifl 1ST NOTICE SA Uhl 2NDNOTICE `c.JIJ �-LSO / G.�-L,fJ-j/� ti`* ,ti USA-- n Uhl RETURN Detached from PS Form 3849—A Oct,.1980 i P 571 539 309 i rill- RECEIVED _... MAY 6 95 ' ��n �irhutiref May 2, 1985 Town Of Southold Town Clerk's Office Southold, N.Y. 11971 This letter 'is sent to advise you that work has begun on Wetlands Permit No. 161 filed under application No. 159 filed by Enconsultants, Inc. , on behalf of Katherine Farr. Photo of started work is enclosed. We will notify the town clerk when work is completed. Cordially yours, 4C Kathrine Farr P.O. Box 568 Greenport, NY 11944 - (516) 477-0124 4 i i i i i I i h ' . 0 RAiN !} 10 J ,r 3O HAA8oR>1 I /T� NAG 4TROMP MAP -X Ic r2 b i i G< O No Zj fS '90 OATVM: MLU �O d�C�Z ��� PvR POSE: SAIL-80AT MOOR/NG .t £ 1 AOJACENT OwNhFR: .. � A. PATRICIA kOHL. k rt 5��rtin J 0HN TRI-AN CZ .T ,r'f: i Ro�y�-r MCL ROSE. oiir� �z'ka;n:�> FLO AT 1 F b G'rxC" WALES TOP `IOOTT014) w-? 6" FPROPOSED BULKHEAQ , 4 3 "x/o' MLt✓: '-O" S t DREDGING a g d L oC.Ws-r If Po3T T#E r �xr r„V4 TH R/NE Ff�R R . FYN De-ADMAN Roo :\ti;:,,. Qorroy hl'ar GREL:NPoRT, TOWN. -tip �_. -= •�'•;_ a:. .• SOUTHOLO $U rr h / TO 4E RC MO VEO on. STERLING CREED T.f6. SHEATHING- br EN- CONSuLTANTS/ XNG O S /O 6y N. MA/N ST. � 8 x/` PNG- Sou TH A MPToN N.Y. SHEET CROSS SECTION THRU PROPOSED BULKHEAD FLOAT Ie' DREDGING S T �rYt l APPENDI?C,-B NAME OF PROJECT SHORT ENVIRONMENTAL ASSESSMENT FORM LVSTRU,TIONSi (a) In order to answer the questions in this short EAF is is assumed that the preparer will use currently available information concerning the project and the likely impacts of the actions It is not expected that additional studies, research or other investigations will be undertaken* (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary• (c) If all questions have been answered No it is likely that this project is pot, significant, (d) Environmental Assessment 1• Will project result in a large physical change to the project site or physically alter more than 10 acres of land? • , , , , , • , , , • a �+ yes No 2. Will there be a major change to any unique or unusual land form found on the site? • • • • • -+ Yes No 3• Will project alter or have a large effect on an existing body of water? . . . . • , • Yes No 40 Will project have a potentially large impact on groundwater quality? • • , , , • • • • . , ,. Yes No 59 Will project significantly effect drainage flow on adjacent sites? • • , • • . • • • • • • Yes T No 6• Will project affect any threatened or endangered plant or animal species? • • • , , , , , ,1 , , Yes No 7• Will project result in a major adverse effect on air quality? • • r • • • • 4� • • • • Yee No $. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? , . . Yeses No 99 Will project adversely impact any site or struct- ure of historic, pre-historic, or paleontological 1 importance or any site designated as a critical . : . . environmental area by a local agency? , • �_ Yeses No 10• Will project have a major effect on existing or future recreational opportunities? , • yes _ No ll• Will project result in major traffic j problems or cause a major effect to existing transportation y - S Stem9. • • • • • • • • • • Yes No• • 12• Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the project's operation? �- Yes es^ No 139 Will project have any impact on public health or K safety? • ^� Yes . No 14e Will project iffect the existing community by directly causing a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the character of the community or neighborhood?.• Yes No 159 Is there public 0� roversy concerning the project?,-1^' Yes No PREPARERI S SIGNATURE: TIT LE.. REPRESENTING; DATE; 9/1/78 I authorize Enconsultants,Inc. to apply for permits on my behalf. f k , c�vFFO[Kc� �E 00 G` � z APPEALS BOARD MEMBERS C=1 SCOTT L. HARRIS yO� Gerard P. Goehringer, Chairman Supervisor�Q Charles Grigonis, Jr. ��,� J Town Hall, 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 October 26, 1990 OCT Z6 1990 To: Jay Bredemeyer, President TOWN Or- S0U Nv,,-`I D Southold Town Trustees From: Linda Kowalski Please find attached copies of our files in the Katherine Farr Matter, which may be similar to a project your department has an interest in. You will see that Judge's Corso's Order was quite unusual, particularly concerning those conditions which we certainly had jurisdiction over (reducing setbacks in the Variance and limiting the mooring uses in the Special. Exception) . It was just one of those unfortunate quirks. \oc,�VFFO(K64 0 South.old Town Board ®f Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L..I., N.Y. 11971 TELEPHONE (516) 765-1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS,JR. SERGE DOYEN,JR. ROBERT J.DOUGLASS JOSEPH H. SAWICKI December 4, 1984 Stanley S. Corwin , P . C. - First Street Greenport, NY 11944 Re : Appeal No . 3117 and No . 3118 - Kathrine Farr Dear Mr . Corwin : Please find enclosed the decisions in the above matters revised pursuant to Hon . Joseph R. Corso ' s order. Copies have been furnished to the Planning Board and the . Building Inspector . Yours very truly , GERARD P . GOEHRINGER CHAIRMAN By6�K o�iwa 1 s c i Enclosures cc : Building Inspector Planning Board _Suffolk County .Planning Commission I. Southold Town Board of Appeals MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.I.. N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3118 Application •Dated April 14 , 1983 TO: Stanley S . Corwin , P .C . as Attorney [Appellant (s) ] for 'KATHRINE FARR 634 First Street Greenport , NY 11944 . At a Meeting of the Zoning Board of Appeals held on' November '29 , 1984 the above appeal was considered, and the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ .] Request for Special Exception under the Zoning Ordinance Article , Section [ Request for Variance to the Zoning Ordinance Article VIII Sections 100-80 (B ) and 100-81 [ ] Request for Upon application for KATHRINE FARR by Stanley S. Corwin , Esq . , First Street , Greenport , NY or a ariance to the Zoning Ordinance , Article VIII , Sections 100-80 ( B) and 100-81 for permission to construct building for marina and brokerage office in this "C-Light Industrial District , " at 1100 Manhanset Avenue , Greenport , NY ; County Tax Map Parcel No . 1000-034-05-021 . WHEREAS , on October 18 , 1984 , under Index #84-15561 , Hon . Joseph R. Corso , Justice , Supreme Court , Special Term, of Suffolk County , has ordered that the subject variance be reissued without conditions 5 , 6 , 8, and 12 , and WHEREAS , the remainder of this board ' s decision rendered June 28 , 1984 shall remain in full force and effect pursuant thereto ; NOW, THEREFORE, .on motion by Mr : Douglass , seconded by Mr . Sawicki , it was RESOLVED, that the decision as rendered by this board BE AND HEREBY IS RE- ISSUED, WITHOUT CONDITIONS 5 , 6 , 8 and 12 , as ordered , and re-numbered as follows: 1 . No lighting that will be adverse to neighboring uses ; 2 . A railing or barrier (guard rail ) shall be constructed , not to exceed 30" above ground level , along the front property line to prevent unsafe exiting onto street , [except that the area for ingress and egress within the "curb cut remain open] ; 3. No fencing along the front property line , except chainlink for proper visibility (or otherwise. noted in these conditions ) ; 4 . No fencing along the north side property line less than (or within ) six inches of front property line [except chainlink or guard rail for proper visibility if screening is desired] ; 5 . (7 . ) Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued; 6 . (9 . ) Existing stockade fencing along south. line shall be continuously maintained ; 7 . (10 . ) No launching ramp shall be built or permitted ; CONTINUED ON PAGE TWO) DATED: December 3 , 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page 2 - Appeal . No . 3118 Matter -of KATHRINE FARR November 29, ".1984 Amendments 8 . ( 11 . ) Building approved herein shall conform to all set backs in letter/memorandum dated June 18, 1984 from Stanley S. Corwin , P . C . , attached hereto for reference ; Location of Property : West Side of Manhanset Avenue , Greenport, NY ; County Tax Map Parcel No. 1000-34-05-21 . Vote of the Board : Ayes : Messrs . Goehringer , Doyen , Grigonis , Douglass and Sawicki . This resolution was adopted by unanimous vote of all the members . VRARD P . GOEHR LAGER, ; HAIRMAN December 3 , 1984 lk SMITH,FINKELSTEIN, LUNDBERG, CRIMMINS AND YAKABOSKI ATTORNEYS AND COUNSELORS AT LAW HOWARD M.FINKELSTEIN 456 GRIFFIN(}AVENUE,CORNER OF LINCOLN STREET PIERRE O.LUNDBERG P.O. BOX 380 FRANCIS J.YAKABOSKI ROBERT C.CRIMMINS RIVERHEAD, N.Y. 11901 FRANK A.ISLER _ (518) 727-4100 REGINALD C.SMITH SUSAN POST ROGERS 1926-1983 RICHARD J.PREMINGER October 31, 1984 Mr. Gerard P. Goehringer, Chairman Southold Zoning Board of Appeals Town Hall 53095 Main Road Southold, New York 11971 Re: Farr v. Southold Town Board of Appeals Dear Gerry: I enclose herewith Decision in the above matter, wherein His Honor takes great exception to the restrictions the Board sought to impose. Very ruly yours, i F CIS J. YAKABOSKI Enclosure FJY:mo FORM 91■ MEMORANDU 31-106N SUPREME COURT, SUF(OLK COUNTY S(ECIAL TERM •KATHRM FARR, BY JOSMI R. CORSO, J. S. C. Petitioner, vs. DATED October 18, 1984 SOUTHOI.D MM BOARD C' APPEALS, "Xmdex #84-15561 Respondent In this CPLR Article 78 Proceeding, petitioner moves for an order of this Court annulling that portion of a decision rendered by respondent which imposed con- ditions 5, 6, 8 and 12 upon their granting petitioner's application for a special r exception for a marina, and yacht brckerage sales office. Petitioner is the owner of a parcel of vacant property on which sb:e seeks to put up a small building for use as an office for marine brokerage sales and for the rezital of yachts, which would be moored alongside the bulkhead. This application requires a ,special exception and a variance from the respondent Southold Town Board of Appeals. .'Both applications were granted, but conditions were imposed in each case. Petitioner seeks to eliminate only those conditions numbered 5, 6, 8, and 12, which read as follows: "g-. —No boats to be moored parallel to existing moored boats (no stacking) ; • 6. 'Additional docking and mooring facilities will require an application to the Z.B:A. and consideration therefore; 8.' : Proposed second story deck at west end of building shall be reduced (from 4 VI".and 101). to 2' 6" at the northwest corner, and 5' at the southwest corner respectively; .12. -No storage of boats other than inside buildings or moored in the water." Petitioner contends that the aforementioned conditions are arbitrary, cap- ricious and illegal. Specifically, the condition that "no boats be moored parallel to existing boats," is deemed discriminatory. Petitioner notes that. boats are and have been moored parallel both to the south and north of the subject property. _ .. `Y .FARR'VS SOUTHOLD TOWN BOARD OF APPEALS page 2 Petitioner asserts that the Board }mew that the adjoining marina, "regularly stacked next to petitioner's property.. ..and that stacking was common on the residential side of the narrow body of water where commercial fishing boats, as well as large private vessels are moored and stacked," Further, it is argued that a careful reading of respondent's powers "does not disclose the power they arrogate unto themselves." It is submitted that condition 6 requiring an application for "additional docking and mooring facilities," is a deliberate attempt-to inhibit petitioner. Petitioner states that for the past two years bu].kheading work has been done after •the grant of necessary approval from the Corps of Engineers, the D.E.C., and the Southold .Tbun Board. These bodies have already approved an extension of the existing .bulkhead and the contract which has already been let, constitutes "additional docking and mooring facilities." Petitioner avers that item 8, the reduction of the proposed deck, if adhered to, would result in a'significant safety problem and is an arbitrary requirement. Finally, petitioner claims that item 12, "no storage of boats other than in- side building or moored in water," has been previously decided upon. According to petitioner's counsel, a ccanprctnise with the Planning Board was reached limiting boat storage to• vessels of a given maximum length. Respondents argue that they essentially granted all of petitioner's requests as :far as variances and special per snit uses are concerned. es. _ . . d Respondent points out that this triangular parcel is under 3,800 square feet and the mininnan lot size for a parcel in District C-Light Industry Zone is 40,000 square feet with a required lot width of 200 feet, - :In light of the location of the parcel; its shape and area; and in light of the surrounding area; the respondents argue that the conditions imposed were entirely reasonable. Since a zoning board is given discretion in granting or denying of variances, the Court's function is limited and Board determination may not be set aside in absence of illegality, arbitrariness, or abuse of discretion. Muller v Williams , 88 A.D. 2d FARR DVS SOUIMLD ZUM BOA g IM OF APPEALS Page 3 ,. 725, 451 N.Y.S. 2d 278. The Board's determination will be sustained if it has a rational basis and is supported by substantial evidence. Matter of National Merritt v Wiest, 41 N.Y. 2d 438, 393 N.Y.S. 2d 379. In the present case, respondents have failed to demonstrate any rational basis for the imposition of the four conditions enumerated above. Accordingly# respondents are directed to reissue the subject variance and special exception without these four conditions within 10 days after receipt of a copy of this judgment with notice of entry. This constitutes the judgment of the Court -pursuant to CPIR 7806. No further judgment need be sulmtted or entered. 05&H OORSO, J.S.C. Poe 3 - Appeal 'No. 3118 -- Matter of KATHRINE FAR_R Decision Rendered June 28 , 1984 4. No -fencing along the north side property line less than (or within ) six inches of front property line [except chainlink or guide rail for proper visibility if screening is desired] ; k� 5. No boats to be moored parallel to existing moored boats ,i� (no stacking ) ; 6 . Additional docking and mooring facilities will require an application to the ZBA and consideration therefore ; 7. Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued ; 8. Proposed second-story deck. at west end of building shall ^` be reduced (from 4' 6" and 10 ' ) to 2 ' 6" at the northwest corner and 5 ' at the southwest corner , respectively; 9. Existing stockade fencing . along south line shall be con- tinuously Taintained ; 10. No launching ramp shall be built or permitted; 11 . Building approved herein shall conform to all setbacks in letter/memorandum dated June 18 , 1984 from Stanley S. Corwin , P. C. ; 12 . No storage of boats other than inside building or moored in )� water. Location. of Property : West Side of' Manhanset. Avenue., Greenport, NY; County Tax Map Parcel No . 1000-34-5-21 . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . Member Doyen of Fishers Island was absent. This resolution was adopted by a unanimous. vote of all the members present. Attached hereto as Page 4 is a copy of the letter/memorandum dated June 18, 1984 f rom .Stanley S. Corwin, P:C. ..(reference made in Condition No . 1 .1 , supra) .. X �GERNRD GO EIIRINGER CHA IRMAN July 12 , 1.984 1i SUPREME COURT OF THE STATE OF NEW YORK �� COUNTY. OF SUFFOLK CT -------------------------------------X KATHRINE FARR, Petitioner, Index No. 84- -against - NOTICE OF PETITION _SOUTHOLD TOWN BOARD OF APPEALS, . Respondent. ----------------------------- -----X PLEASE TAKE NOTICE that upon the annexed petition of Kathrine Farr, verified the?71-1 day of August, 1984, the undersigned will move this Court at a Special Term, Part I thereof to be held at the County Courthouse, Riverhead, New York, on the 31st day of August, 1984 at 9 : 30 o'clock in the forenoon or. as soon thereafter as counsel .can be heard for a judgment granting the relief demanded in the petition. PLEASE TAKE FURTHER NOTICE that respondent ' s return, answer and supporting affidavits , if any, shall be.- served at least five days before such date. Dated: 'August 7 ,: .1984 STANLEY S. CORWIN, P.C. Attorney for Petitioner Office and P .O. Address 634. First Street , P.O. Box C Greenport , New York 1.194+4 (.516) 477-0031 SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK X KATHRINE FARR, Index No. 84- Petitioner, - against - ' PETITION SOUTHOLD TOWN BOARD OF APPEALS, Respondent. --- -------- -------------------------------X TO THE SUPREME -COURT OF THE STATE OF NEW YORK The petition of Kathrine Farr respectfully shows to the Court: 1. Petitioner is a resident of the Town of Southold, Suffolk County, New York , and the owner of a parcel of vacant property on the east side of Manhanset Avenue at Greenport in said .town. 2. 'The use of .said land under the zoning law of the town and a variance from the application thereof is the subject of .this proceeding. 3. Attached . hereto as Exhibit A is a survey of petitioner= s property. [The exhibit is a xerox reduced copy: therefore the scale is not.. accurate , although the propostions are. ] . 4. The respondents Southold Town Board of Appeals is an appointed administrative body within the government of the town of -Southold ; the members -are Gerard P. Goehringer , chairman, and Charles Grigonis ; Jr . , Serge Doyen, Jr . , ' Robert' J. Douglass and Joseph H. Sawicki . 5. Chapter in of the Code of the Town of Southold is the zoning - law of the town, of which the Court is asked to take judicial notice. [ A . .dopy will be handed up to the Court on the return of the motion. j 6. The premises of petitioner are in the C Light Industrial J)1str%ct. 7. The only:uses-permitted in the C Light Industrial District without the approval of two appointive administrative boards of the town are, • to quote the statute, "Any permitted uses set forth in; and as regulated by, the following provisions of this chapter: (a) Subsection A(2) and (3) of § 100730. " 8. Such permitted uses are (1) specified "commercial agricultural operations and accessory uses thereto" (with certain provisions and ex- ceptions) including, subject to a number of.special requirements (a) "the raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of .products thereof in buildings x x �►"� ;(b) "the keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks:) on lots of ten (10) acres ,or more", (c) [b]arns, stor- . age buildings, greenhouses (including; plastic covered) and other related structures x x x" and (2) [b]uilding;s, structures and uses owned and oper atecl by the Town of Southold. " It is apparent that petitioners Property Is not suited to any of the normally permitted uses in a C district. 2. 9. However, the statute provides that 16 enumerated uses map be permitted in such a district, viz. B. Uses permitted by special exception by the Board of Appeals, as hereinafter provided, subject to site plan approval by the Planning Board in accordance with Article XIII hereof. (1) Industrial uses, including manufacturing, assembling,' converting, altering, finishing, cleaning or ot4er processing, handling or storage of products or materials, involving the use of only oil, gas or elec- tricity for fuel. (2) Research, design and development laboratories; office buildings. (3) Wholesale storage and warehousing. l - (4) Building contractors' yards. (5) Public utility structures and uses. (6) Newspaper and printing establishments. (7) Bus and truck terminals (garages, parking facilities, loading docks, etc.). (8) Food processing and packaging plants. I (9) Marinas for the docking and mooring of all types of boats." (10) Launching facilities. (11) Ferry terminals. (12) Yacht clubs; charter fishing docks. (13) Eating and drinking establishments. (14) Retail sales of boats and marine items. (15) Boat building; boat servicing; boat storage facilities. (16) Yards for sale and storage of fuel and building , • materials. "by special exception by the Board of Appeals x x x subject to site plan approval by the Planning-Board in accordance with.Article XIII :rx, x x" with the caveat that no h"building or premises shall be used and no building 3. ing or part thereof shall be erected or altered in the C Light Industrial District unless the same conforms with the Bulk and Parking Schedule Incorporated in this chapter by reference with the same force and effect as if such regulations were set forth herein in full. tt Such schedule follows:- BULK AND PARKING SCHEDULE A Residence District' Multiple-Residence Single- Two. Districts Business Districts Industrial Districts Minimum Family Family M M-1 B B•I C C-1 Requirements Dwelling Dwelling Light General Ugbt General Light General Total lot area(sq.ft.) 40,000 80,000 40.000 80,000 20.000 30.000 40.000 200.000 Lot width(ft;) 160' 270 135 200 60 150 200 300 ti Lot depth(ft.) 175 250 n Front yard(it.) 60 60 60 60 36 36 503 ISO One side yard(ft.) 16 26 16 20 - 26 30 SO Both side yards(ft.) 36 46 36 45 60 60 100 ' Rear yard(ft.) 60 60 60 26 36 60 100 Livable floor area(sq. 860 860 See ArU- See Arti- — — — — it.)per dwelling unit cle IV cle V Off-street parking spaces 2 3 See Artl- See Artl- See ArU- See Artl- See Artl- See Arti- per dwelling unit cle IV cis V cle VI cle VII cle VIII cle IX Maximum Permitted Lot coverage(percent) 20 20 26 26 See Artl- See ArU- See Artie See Arti- cle VI cle VII cle VIII cle IX Building height: Number of stories 2'A 21,E 21A 2% 2 2 2 2 Feet 36 36 36 36 30 36 36 36 'Editor's Note: The original schedule contained separate provisions for lots with public water and sewer facilities and lots without public water and sewer facilities In A Residence Districts.The columns containiog provisions applicable to lots with public water and sewer facilities were deleted 5-29.73,thus making the provisions appearing below applicable to all lots In A Residence Districts without regard to whether or not they were served with public water and sewer faculties. (Amended 6.1a1.131 t(Amended 5.30.76 by L.L. No. 3.19751 10. Article XII, 5100-121 C of Chapter 100 confers on the Board of appeals the following powers C. Special exceptions. special permits and other approvals. Whenever a use or the location thereof is permitted only if the Board of Appeals shall approve thereof, the Hoard of Appeals may. in a specific case and after notice and public hearing, authorize such permitted use and its location within the -district in which this chapter specifics the permitted use may be located, subject, however, to the following: 4. (1) Before such approval shall be given, the Board of Appeals shall determine: (a I That the use will not prevent the orderly and reasonable use of adjacent properties or of prop- erties 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 proposed use is to be 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; and (d) That the use will be in harmony with'and promote the general purposes and intent of this chapter. (2) In making such determination, the Board of Appeals shall also give consideration, among other things, to: (a) The character of the existing and probable development of uses in the district and the peculiar suitability of., such district. for the location of any of such permitted uses; (b) The conservation of property values and the encouragement of the most appropriate uses of land; (c) The effect that the location of the proposed use may have upon the creation or undue increase of vehicular traffic congestion on public streets or highways; (d) The availability of adequate and proper public or private. water supply and facilities . for Elie treatment,removal or discharge of sewage, refuse or other effluent (whether liquid, solid, gaseous or otherwise) that may be caused or created by or as a result of the use: (e) Whether the use or the materials incidental thereto or produced thereby may give off ob- noxious gases, odors, smoke or soot: if) Whether the use will cause disturbing emissions of electrical discharges, dust, light, vibration or noise; (g) Whether the operation in pursuance of the use will cause undue interference with the orderly 5. enjoyment by the public of parking or of recreational facilities, if existing or if proposed by the town or by other competent governmental agencies; Ih) The necessity for bituminous-surfaced space for , purposes of off-street parking of vehicles in- cidental to the use, and whether such space is reasonably adequate and appropriate and can be furnished by the owner of the plot sought to be used within or adjacent to the plot wherein the use shall be located; li I Whether a hazard to life, limb or property because of fire, flood. erosion or panic may be created by reason of or as a result of the use, or by the- structures to be used therefor, or by the inac- cessibility of the property.or structures thereon for the convenient entry and operation of fire and other emergency apparatus, or by the undue concentration or assemblage of persons upon such plot: - Ij) Whether the use or the structures to be used therefor will cause an overcrowding of land or undue concentration of population; Ik) Whether the plot area is sufficient, appropriate and adequate for the use and the reasonably anticipated operation and expansion thereof: and (1) Whether the use to be operated is unreasonably near to a church,school, theater, recreational area or other place of public assembly. 11. The provisions 'of the statute having to do with site plan approval by the respondent-are set forth in Article XIII, follow— ing: 6. ARTICLE XIII Site Plan Approval § 100.130. General requirement. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building Inspector except upon authoriza- tion of and in conformity with the plans approved by the Planning Board. l00 la 1. Objectives. In considering and acting upon site development plans. the , Planning Board shall take into consideration the public health. safety and.welfare. the comfort and convenience of the public in general and the residents of the immediate neighborhood in particular, and .may , prescribe appropriate conditions and safeguards as may be required in order that the result of its action may, to the maximum extent possible, further the expressed intent of this chapter and the accomplishment of the following + objectives in particular: A. Traffic access. That all proposed traffic accessways are adequate but not excessive in number; adequate in width. grade, alignment and visibility; not located too near street corners or other places of public assembly; and other similar safety considerations. B. Circulation and parking. That adequate off-street parking and loading spaces are provided to prevent the parking in public streets of vehicles of any persons connected with or visiting the use, and that the interior circulation system is adequate to provide. safe accessibility to all required off- street parking lots. f C. Landscaping and screening. That all playground, parking and service areas are reasonably screened at all seasons of i the year from the view of adjacent residential lots and streets, and that the general landscaping of the site is in character with that generally prevailing in the neigh- borhood. Existing trees over eight (8) inches in diameter measured three(3)feet above the base of the trunk shall be retained to the maximum extent possible. § 100-132. Effect o.f approval. ' A. No building permit shall be issued for any structure covered by this Article until an approved site development plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector. 7. I�•r•7 B. No certificate of occupancy will be issued for any structure or use of land covered by this Article unless the structure is completed or the land is developed or used in accordance with an approved site development plan or approved amendment of any such plan. ` C. Should any site plan approval involve any matter requiring referral to the Suffolk County Planning Commission, then the matter shall be referred, prior to final action by the Planning Board, to the Suffolk County Planning Com- mission in accordance with the applicable provisions of law. § 100-133. Procedure. A. Presubmissibn conference. Prior to the submission of'a site developnu-nt plan, the applicant or his agent shall meet with the I'lunning Board. The purpose of such conference shall be to discuss proposed uses or development in order to determine which of the site development plan elements shall be submitted to the Planning Board in order for said Board to determine conformity with the provisions and intent of this chapter. B. Within six (6) months following the presubmission con- ference, the site development plan and any related in- formation shall be submitted to the Building Inspector, in triplicate, at least fifteen (15) days prior to the Planning Board meeting at which approval is requested. If not submitted within this six (6) months' period, another presubmission conference may be required. C. The Building Inspector shall certify on each site development plan or amendment, whether or not the plan meets the requirements of all Zoning Ordinance provisions I other than those of this Article regarding site develop- I ment plan approval. i D. The Building Inspector shall retain one (1) copy and II transmit two' (2) copies of the certified site development plan to the Secretary of the Planning Board at least seven (7) days prior to the Planning Board meeting at which approval is requested. E. The Planning Board shall act to approve or disapprove any such site development plan within ninety (90) days after the meeting at which approval is requested. Failure to act within ninety(90)days shall be deemed approval. Planning Board disapproval shall include written findings upon any site development plan element found contrary to the provisions or intent of this chapter. In reviewing the ap- plication, the Planning Board may secure the advice or assistance of one(1)or more expert consultants qualified to advise as to whether a proposed use will conform to the requirements of this chapter. The assistance of a con- sultant,if sought,must be obtained within ten (101 days of the receipt of the application. Such consultant shall report within thirty (30) days-after receipt of such request its to whether or not the use applied for will be in conformance w;th tho nerformance swadards and, if not, what modification in desur i or rip,,:•1t:on would be nl.cessJry for Conformance. A coov of they omi)r: of ,uca consultanC ,hall be furnished to the Plarinini- Board. 13uildirig lrltipector And Applicant. F. Amendments to a site development flan shall be acted Upon in the same manner as the approval of t he original plan. ' C. The Planning Board may require that site plan approval be J periodically reviewed. 12. Pursuant to the statute petitioner applied on April 14, 1983 for a Building Inspector ' s approval of a proposed use and building; the application was denied . Thereupon petitioner applied to the Zoning Board of Appeals for a{ special exception, • and for a variance on other grounds . Due notice of the application was given to the adjoining property owners . ' 13 . On April 29 , 1983 the chairman of the Zoning Board of Appeals wrote a letter to petitioner : a copy is attached as Exhibit B. 14. Thereupon petitioner filed a proposed site plan with the Planning Board and after revisions were made following an informal conference with the chairman of that board a pre- submission conference was held . 15 . Subsequently, on July 25 , 1983 the Planning Board adopted a resolution which was communicated to• petitioner ' s attorney by a letter dated July 26 ., 1983 , a copy of - which is annexed as Exhibit C. 16 . The use petitioner sought was yacht rental and marine brokerage . As Exhibit A shows petitioner enjoys over 186 feet of waterfront , some 153 of which is substantially bulkheaded . 17 . Such use involves mooring sailing yachts to the bulkhead from time to time and the erection on the property of a small office and storage building necessarily elevated - .. to comply with federal floodplain area regulations . 18 . Such use is not in any sense a generator of traffic or any other conditions significantly affecting the health , safety, welfare -and morals of the people of Southold Town. - It would obviously be economically unfeasible to use the property for a permitted use without a special exception, but if such a use were engaged in it would - doubtless have a far greater adverse effect than the requested use . . 19 . Believing that under the circumstances the statute is unconstitutional as to petitioner ' s property and that. the determination of the Planning Board was , among other things , arbitrary and capricious , petitioner brought an Article 78 proceeding against the Planning Board . Settlement conferences . resulted in the Planning Board' s adoption of a resolution, a copy of which is attached as Exhibit D. 20 . Thereupon, petitioner renewed her application. to respondent for (a) the special exception and (b) variances . 21 . On July 21 , 1984, starting a thirty-day statute of limitations , respondent filed with the Southold Town Clerk, its determiniation 'with respect to the variance application and the following day it filed its determination with regard to the special exception. Attached hereto as Exhibit E is the respondent' s determination as to the variance ; Exhibit F . is its determination as to the special exception . 10 . 22. In both determinations items 5 , 6 , 8 and 12 of the conditions are arbitrary and capricious , constitute an abuse of discretion, made in violation of lawful procedure, affected by error in law and are otherwise illegal and unconstitutional . 23 . On July 11 , 1978 and on the basis of information then available petitioner ' s attorney wrote to -the respondent about the objectionable conditions . A copy of such letter is attached as Exhibit *G. 24. The respondent ' s response to that letter was to afford petitioner ' s attorney five minutes to make an oral presentation to the .Board on the occasion of its next scheduled public hearings meeting; the opportunity to do so was taken , but the respondent has not reacted and petitioner ' s time to take action is about to expire . WHEREFORE, petitioner demands judgment directing respondent to modify its variance and special exception determination by eliminating from the imposed conditions in each case numbers 5, 6 , 8 and 12, and for such other , further or different relief as to the Court may seem just and proper . STANLEY S . CORWIN, P .C. Attorney for Petitioner Office and P .O. Address 634 First Street , P.O. Box C Greenport , N.Y. 11944 (516) 477-0031 11 . . 3 • q� r , 1k fL.,F AVENUE fE F,a LIRGf C`VvNK of - - - �� ?O3B6• CONC9f/f c JRJ 15405720E POLES 132.76' /"=` sf/ PoCf B ' 5.34057.20 £. (11/� • --__ _ _ _ _ ---- -- -•- �^ MOM.rOCINO 0 SO'f ow / •- r,Ft/�'E[O S��O 601'POCE IIIT£A IrfT[A 0 Oro o - 1 / f o• s N I J �0.� cirFy 0�6 o Q o ! Ift \\ .4i �cOIY6 vOo rocf - ate-- =� Op o c :AIL sfr -9009, [L.s4 REVISIONS .. YOUNG & YOUN fpC HE �o 1p 400 OSTRANDER AVENUE. RIVERM_ O�9r%>�rv�rol\ ' ALDEN W.YOUNG • ►ItOFEESIONAL ENOINCCN AND CI�l.+I�ep• �_�. LAND Su"VETOR.N.T.S.LIE.NO.126A! ( riS.LiC,rfd.A!•t! SURVEY. FOR: C. UNAUTHOIHCED ALTERATION OA ADOITIOr TO • t' I THIS SURVEY 13 A VIOLATION OF SECTION KATHRINE FARR _ N �• :` • T203 OF THE NEW YORK STATE EDUCATION �� 0. 1 S1 LAN - - l/ov,L CONES OF THIS SURVEY NA►NOT 3EA4Ir0 THE LAND S..VE1011'S INKEO SEAL OA EN3OSSE0 3EAL SHALL HOT as CONfDEACO GUARANTEED TO: ro AE A VALID rRue COPY AT GREENPORT USLIFE TITLE IFiS!JaJKE CO.Or 4.Y FT. Ow" To Er c n sort o..ners1+iL RUN TOWN OF BLK. LOT / 3w.ty Is FFtFAAco.AND or HIs AcHALF SOUTHOLD rc r c .111 CCW NT.GOYINNVENTAL BY _ OS 021 A"4Cr AND LENDING IN3TITUI.7 LISTED SUFFOLK CO., N.Y. / IOXIMATE PAS L oArum 1- HE.co....0 to 1.9 ASSIcrEE3 OF THE LENDING INSTITUTION GUARANTEE$ ARC NOT l*ANsrnAALE TD Aco•rIoNAL SCALE: I^:20'.. DATE MAR 7, 1983 N6' 83,86 a . IHSN TU TIONs 04 1W 1l GUIrT HNlrs. z� coGy Southold Town Board of Appeals MAIN ROAD - STATE_ ROAD 25 SOUTHOLD. L.I., N.Y. 11971 TELEPHONE f5161 765.1809 APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS. JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWICKI April 29, 1983 Ms. Kathrine Farr P.O. Box 568 Greenport, NY 11944 Re: Appeals No. 3117 and 3118 Marina and Brokerage Sales Request "C-Light" District Dear Ms. Farr: Please be advised that the following actions were taken by the board at our Regular Meeting held Wednesday, April . 20 , 1983 concerning your recent applications: RESOLVED, that the matters of KATHRINE FARR in Appeals No. 3117 and 3118 , .be held in abeyance pending receipt of the follow- ing: (1) six copies of a site .plan accurately drawn to scale and certified by a licensed engineer or surveyor, including all proposed parking at 350 square feet per parking stall as required by Article XI, Section 100-112C and Article XIII in its entirety; (2) written comments, recommendations or approval by the Southold Town Planning Board concerning this site plan. Please let us know when the -Planning Board has acted upon your proposals. If you have any questions, please don ' t hesitate to call. Yours very truly, GERARD P. GOEHRINGER CHA;41MAN lk in a wa �i, cretary cc: Planning Board Building Department P D T D s 1 � Y Southold, N.Y. 11971 HENRY E.RAYNOR,Jr.,Chairman TELEPHONE JAMES WALL 765.1938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. December 9, 1983 WILLIAM�.MULLEN,Jr. Stanley Corwin, Esq. 634 First Street Greenport, New York 11944 RE: Kathrine Farr - Site Plan Dear Mr. Corwin: The following action was taken by the Southold Town Planning Board on Monday, December 5, 1983 : WHEREAS, a letter was received by the Planning Board dated October 26, 1983, from Edward F. Hindermann, .relative to the Planning Board 's request for site plan certification; and WHEREAS, a meeting was held with Stanley Corwin, Esq. , attorney for the applicant, who appeared before the Planning Board on November 21, 1983; and WHEREAS, an additional on site inspection of the premises was made by the Planning Board; and NOW, THEREFORE, BE IT RESOLVED, the Resolution of the Planning Board dated July 25, 1983, disapproving the site plan of Kathrine Farr, yacht rental station and- office building for a marine brokerage, located at Greenport, because of insufficient area is RESCINDED, and the following Resolution is placed in its stead: RESOLVED, the proposed site plan for Kathrine Farr for premises located . on the west side of Manhanset Avenue, Greenport, New York, is granted subject to the following conditions: 1. The Applicant Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a Special Exception pursuant to Section 100-80 of the Southold Town Zoning Code for a limited marina and yacht brokerage business for her property located on the westerly side of Manhanset Avenue, Greenport, New York. �K Stanley Corwin Esq. -2- Decemlier 9, 1983 RE: Kathrine Farr - Site Plan 2. The Applicant, Kathrine Farr, obtaining from the Southold Town Zoning Board of Appeals a Variance for insufficient front and rear yard setbacks in order to construct an office building on the premises. 3. After receipt of both the required Special Exception and Variance fran the Southold Town zoning Board of Appeals, the Applicant will submit to the Planning Board a formal site plan showing the following: (a) The location and size of the proposed office building approved by the Zoning`Board of Appeals. (b) Suitable parking for seven (7) cars. (c) Docking slips for five (5). boats. (To include boats owned by Applicant). (d) Proposed fincing along Manhanset Avenue and adjoining property to the south. 4. In addition, tl-e Applicant will file with. the Planning Board a Declaration of Covenants and Restrictions in a form to be recorded in the Suffolk County Clerk's Office prior to granting approval of the final site plan including the following covenants: (a) No storage of fuel on the premises. (b) No hauling of boats from the premises. (c) 'No outside storage. (d) No repair of boats outside of chartered boats or boats awned by th=Applicant. (e) No more than five (5) boats shall be docked on the property at any one time. (f) Ingress and egress to the property from Manhanset Avenue will be limited,to within 30 feet of the southeast corner of the property. , - _ (g) No retail sales on the prenises. Stanley cbrwin, Esq. C -3- December 9, 1983 RE: Kathrine FArr - Site Plan (h) No stormwater runoff resulting from the construction of the office building and parking area shall be dis- charged on to Manhanset Avenue. (i) Cmipliance with Suffolk County Department of Health Service requirements and standards for boat slips and office building. (j) One (1) year site plan review by the Planning Board. Please forward four (4) copies of the finalized site plan with all of the above items to our office. Men the above conditions have been met, the-Chairman will endorse approval; two copies will be returned to Your office. Very truly yours, (S) Henry E. Raynor, Jr., Chairman Southold Town Planning Board cc: Geranrd P1. Goehringer, Chairman Southold Town ZoningBoard of Appeals Southold, N.Y. 11971 HENRY E.RAYNOR.Jr.,Chairman TELEPHONE. JAMES WALL 765-1938 BENNETT ORLOWSKI,Jr. GEORGE RITCHIE LATHAM,Jr. WILLIAM F.MULLEN,Jr. July 26, 1983 Mr. Stanley Corwin 634 First Street Greenport New York 11944 Re: Kathrine. Farr Site Plan Dear Mr. Corwin: After an on site field inspection and discussion of same at our meeting, July 25 , 1983 , the following action was taken. RESOLVED that the Southold Town Planning Board disapprove the site plan of Kathrine Farr, yacht rental station and office building for a marine brokerage, located at Greenport, because of insufficient area. Very truly yours, HENRY E. RAYNOR, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Susan E. Long, Secretary cc: Zoning Board of Appeals =� Appeals oufhold down boa rd ofS MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.L. N.Y. 1197 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3118 Application Dated April 14, .1983 (Planning Board action 3/30/84) TO: Stanley S. Corwin , Esq . [Appellant (s) ] as attorney for 'KATHRINE 'FARR 634 First Street Greenport , NY 11944 (ZBA Public Hearing 5/17/84) At a Meeting of the Zoning Board of Appeals held on June '28 ; 1984 , the above appeal was considered, and the action indicated below was taken on your [ ] Request for, Variance Due to Lack of Access to Property New York Town Law, Section 280-a [ ] Request for, Special Exception under the Zoning Ordinance Article , Section [X ] Request for� Variance to the Zoning Ordinance Article VIII , Sections 100-80 (B ) and 100-81 . [ . ] . Request for' Upon application for 'KATHRINE. 'FARR by S. S. Corwin , Esq. , First Street , Greenport, NY for a ariance to the Zoning Ordinance , Article VIII , Sections 100-80 (B) and . 100-81 , for permission to construct build- ing for marina office in this "C-Light Industrial " District , at 1100 Manhanset Avenue , Greenport , NY; . County. Tax Map. Parcel No . 1000-034- 05-021 . . . . . . . . . . . . . . . . . . . . . . . . The board made the following findings and determination : By this appeal , applicant seeks variances to the provisions of Article VIII , Sections 100-80(B) [9] ( 14 ) and 100-81 , of the Zoning Code , for approval of the proposed insufficient front and rear yard setbacks required in a "C-Light" Industrial Zoning District , for a principal building. These provisions require a minimum 50 ' front- yard setback and a minimum 50 ' rearyard setback. Applicant proposes a two-story building for a marina office with accessory storage of 16 ' by 20' and a three-foot covered walk-up on the north side , and an upper deck of a size 4 ' 6" at its narrowest width and, 10 ' at its wider edge , with little or no setback distance from the bulkhead along the rear line . Eliminating this deck area , it appears the building will be setback 4 ' 6" at its northwest end and 10 ' at its southwest end. From the frontlproperty line , the building 'appears to be setback not less than 12 feet at its nearest point. The parcel in question is located .in the "C-Light" Industr. .al Zoning ' District. and contains an area of approximately. 3 ,780 sq .-It. with 132 .76 frontage along Manhanset Avenue as shown by survey prepared by Young & Young , revised May 23., 1983 . This- parcel' is identified on the Suffolk County Tax Map as District 1000 , Section ,; 034 , .. Block 05, Lot 021 , and was conveyed to the applicant on " December 11 , 1981 at Liber 9152 page 392 . The premises is vacant land . It is noted for the record that on March 30 , 1984, .action was taken with conditions by the Southold Town Planning Board con- cerning this property and subject to receiving a site plan in final form, showing : (a ) The location and size of the proposed office . building (CONTINUED ON PAGE TWO) DATED: July 11 , 1984. CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF, APPEALS Form ZB4 (rev. 12/81) Page 2 = 'Appeal . No. .3r, Matter of 'KATHRINE 'PARR Decision. Ren ered Jane 28,. 1984 approved by the' Zo.ning Board of ,Appeals ; (b) Suitable parking for fi,ve' cars with minimum length and width requirements as required by the' Southold. Town Zoning:..Code in the area as may be approved by the Southold Town Zoning Board of Appeals ; _. (c ) Proposed fencing along Manhanset Avenue and the adjoining property to the south ; . (d) Proposed ingress and egress to the property from Manhanset Avenue within 40 '.feet of .the southeast corner _of .the premises . The Planning Board has also required that Covenants - and Restrictions be prepared_ in recordable form_ prior to their granting of _the .final site plan which would include Items (a) throuq.h (k ) of that board ' s March 30 , '1984 action . It is noted , however, 'that this board .in making this decision may impose conditions more strin ent than that of .the .Planning Board , particularly .Items 4(c) , * (d) , (e..3 , ­(f) , 'for purposes of-..better traffic vi_sibili'ty , boat aCcessibi-1i.ty , safe and proper manuever- a.bi..lity ,. 'convenience , ­parki'ng , 'et cetera. . The members .of .thi s board -are. familiar with. the property in question as well 'as the surroundi-ng _p.roperties . ' All te.stimo'ny received at the .public hearing held. _May....17 ,. '1984 by this board has been taken .into considera:tion ;. Opposition Concerning this application has not been submitted for. the 'record since _the f.i:l i ng .of ,this application .It is also noted for the record that a Special Exception appli- cation, under Appeal . No.. 3117 has been simultaneously f.i.led with _ the subject ap.p_lic_atio_n , .and for which deliberations .are pending with this board_ as of -this date . _ In considering this appeal , the board determines : (a) that the relief requested is substantial in relation to the requirements of the Zoning Code , Bulk -Schedule; however , -the difficulty cannot be obviated -by some method feasible for the applicant to -pursue. other than a variance; * (b.) that.. by the granting of .the -relief requested ,-- no substantial change will be produced in the character of the neighborhood or a. substantial detriment to adjoining properties since premises on the south has similar circumstances ; .(c ) that no. adverse effects will be produced on available govern- mental facilities of .any increased population if the -yariance is allowed ; (d) that the interests of justice will be served by al_lowing..the variance ; and (e ) that the variance as granted .will be in harmony with the general purposes of zoning . _- Accordingly , on motion by Mr. Douglass , seconded by Mr. Sawicki , it was RESOLVED, that the application for 'KATHRINE *FARR in Appeal N.o. 311T, 'for permission to construct. l6 ' ' b 2y 0 pri.ncip,al - bu.il_d- . ing wi.th . a.-. 3' : covered walk-up . at . the northerly . side to the second floQ.r,' BE -AND 'HEREBY 'IS 'APPROVED=SUBJECT. 'TO THE 'FOL'LOWING -CONDITIONS: 1 . No lighting that will be adverse to neighboring uses ; 2. A railing or barrier , (guide rail ) shall be constructed , not to exceed 30" _above ground. level , along the_..front. property line to prevent unsafe exiting onto stre.et , _fexcept that the area for egress and ingress within the "curb c.ut" remain open] ; 3. No fencing along the front property line , ' except chainlink for proper visib.ility ._(or. otherwise noted in these conditions ) ; .. (CONTINUED 'ON 'PAGE 'THREE) Page 3 - 'Appeal No. 311C M'atter.. of KATHRINE FARR Decision F.-an ered June 28 , 1984 4. No fencing along the north side property line less than- (or within ) six inches of front property line [except chainlink or guide rail for proper visibility if screening is desired] ; v`nX5. No boats to be moored parallel to existing moored boats (no stacking ) ; b,J_ 6 . Additional docking and mooring facilities will require an application to the ZBA and consideration therefore ; 7. Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued; TVV 8 . Proposed second-story deck at west end of building shall be reduced (from 4' 6" and 10 ' ) to 2 ' 6." at the northwest corner and 5 ' at the southwest corner , respectively; 9. Existing stockade fencing . along south line shall be. con- tinuously maintained; 10. No launching ramp shall be built or permitted ; ` 11 . Building approved herein shall conform to all setbacks in letter/memorandum dated June 18, 1984 from Stanley S. Corwin , P. C. ; rj6( 12 . No storage of boats other than inside building or moored in water. Location of Property : West Side of Manhanset. Avenue , Greenport , NY; County Tax Map Parcel No . 1000-34-5-21 . Vote of the Board : Ayes : Messrs . Goehringer , Grigonis , Douglass and Sawicki . Mem4er Doyen of Fishers Island was absent. This resolution was adopted by a unanimous vote of all the members present. Attached hereto as Page 4 is a copy of the letter/memorandum dated June 18, 1984 from Stanley S. Corwin , P. C. .(reference made in Condition No . 11 , supra) .. GERARD GOE RI GER CHAIRMAN July 12, 1984 Page 4 - Appeal No. 31 � Matter of KATHRINE FAR Decision Rendered June 28 , 1984 (Reference Use , Condition No . 11 ) STANLEY S. CORWIN, P. C. ATTORNEY AND COUNSELLOR AT LAW Board of Appeals 634 FIRST STREET GREENPORT, NEW YORK 119E Town of Southold Wephoce 316 . 477.0031 MEMORANDUM To: Southold Town Board of Appeals: attn. Mrs. Kowalski From: Stanley S. Corwin Re: Farr application Date: June 18, 1984 I do hope this memorandum and the attachment will serve to resolve any questions that may remain about this application. If, however, in some respect it is insufficient, please let me know and I'll try to sup- ply anything.that may be needed. ' 1. It is proposed to place the building on the property as shown on the attached site plan, of which 5 copies are enclosed. The scale is 1 inch equals 8 feet. This site plan Is one of a number submitted to the Plan- ning Board and is not a final approved plan. It does, however, reflect the building localion. The building proper is 16x20 with a 3' covered walk-up on the north side. The floor plan and elevations of the building will be as sub- stantially submitted previously to the building inspector, copies of wh�ch you have. While we are in the flood plain the applicant would like to have a slab at ground level, and room to park a car under the usable floor space. It is ouirbelief the subsoil conditions will permit placing the building fairly precisely as .shown. It will be on deep=set piles, however, and we would like a foot latitude either way. 2. There seems to have been some question about a division of office space in terms of proposed uses. As a practical matter the applicant considers. the marina (yacht rental) use and the marine brokerage use as one entity. We simply cannot set aside any given area or make specific lines of demarcation. The uses intermingle, interchange, overlap. 3. The set-back from the road would be not less than 12' nor more than 141; the set-back from the outside of Ahe bulkhead would be between 3'6" and 5'6" on the northerly end and between 9' and 11' on the souther- ly end. Please associate this memo and the site plan with �ile as part f the • application. • ................................ 9q �� r.0 LL F L DOD I.I 6 N fS AT 'tX V G 71Y-It KS . 10 Y.2o hRDoRJ1T EL. ti.� rU6FtKODM tooT�.IT�tt gLOwis tSv���1LAp �oN� C���rYKIZKI�G A>ZE^r� 1 . � v�2'o - _ 4•s•a � � r r sea .►f o aL d` o 10 x . � ono O 00 ^1 S�FE►lc G. BIRD o R.Ji>'�• 740. O fLNCp �?OreR'('r LIM i 11 s ��doSi1 >Od O -� Appeals B ardofufho�d To�va oSo MAIN ROAD - STATE ROAD 25 SOUTHOLD, L.L. N.Y. 11971 TELEPHONE (516) 765.1809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3117 _ Application Dated April 14, 1983 (Planning Board action 3/30/84) TO: Stanley S. Corwin , P .C. [Appellant (s) ] as attorney for KATHRINE FARR 634 First Street Greenport , NY 11944 At a Meeting of the Zoning. Board of Appeals held on July 3 , 1984, the above appeal was considered, and ,the action indicated below was taken on your [ ] Request for Variance Due to Lack of Access to Property New York Town Law, Section 280-a [X] Request for Special Exception under the Zoning Ordinance Article VIII , Sections 100-80 (B ) [9] [14] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Upon application. for 'KATHRINE FARR by S. S. Corwin , Esq. , First Street , Greenport , NY .for a pecla Exception to the Zoning -0rdinance , Article VIII , Sections 100-80 (B) and 100-81 for permis- sion to construct building for marina and brokerage office use in this "C-Light Industrial ".-District , at 1100 Manhanset Avenue , Greenport , NY ; County Tax Map Parcel No . 1100 Manhanset Avenue , Greenport , NY; County Tax .Map Parcel No . .1000-034-05421 . The board made the following findings and determination : This is an application for a Special Exception to the Zoning Ordinance under Article VIII , Section 100-80 (B) [9][12] 9 which provides for marinas for the docking and mooring .of boats and retail sales of boats and marine items . Applicant is requesting a "yacht .brokerage" and marina/marina-office use , and outside storage is not- being sought . Applicant states that the yacht .. brokerage business involves ."inside" office activities for the boat sales , frequently by telephone . This use is proposed within the two-story principal .building., as shown on the filed site plan , of 16 ' by 20 ' in size ..and a. three-foot covered walk-up on the north . side', as more particularly described and approved in the area variance granted by this board on June 28 , 1984 in Appeal No. 3118 . The parcel in question is located in the "C-Light" Industrial Zoning District and contains an area of approximately ..3 ,780 sq . -ft.. with 132 .76 frontage along Manhanset Avenue as shown by survey prepared by Young. & Young , revised May 23 , 1983 . This parcel is identified on the Suffolk County Tax Map as District 1000 , Section 034 , Block 05 , Lot 021 , and was conveyed to the applicant on December 11 , 1981 at Liber 9152 page.. 392 . The premises 1s vacant land. It is noted .for the record that on March 30 , 1984 , action was taken with conditions by the Southold Town Planning Board concerning this property and subject to receiving a site plan in final form, showing : (a ) The location and size of the proposed office building . approved by the Zoning Board of Appeals ; (b) Suitable parking for five cars with minimum length and DATED•. July 13 , 1984 . CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Form ZB4 (rev. 12/81) Page` 2 _- 'Appeal No . 31 Matter. for KATHRINE FARR (Special Exception) Decision Rendered July 3 , 1984 width requirements as required by the Southold Town Zoning Code in the area as may be approved by the Southold Town Zoning Board of Appeals ; (c ) Proposed fencing along Manhanset Avenue and the adjoin- ing property to the south ; (d) Proposed ingress and egress to the property from Man- hanset Avenue within 40 feet of the southeast corner of the premises . The Planning Board has also required that Covenants and Restrictions be prepared in recordable form prior to their granting of the final site plan which would include Items (a.) through (k) of that board ' s March 30 , 1984 action . It is noted , however , that the conditions imposed by this board may be more stringent in order to provide for better visibil - ity , safe and proper manueverability, unobstructed boat accessibility , convenience , parking , et cetera. The members of this board are familiar with the property in question as well as the surrounding properties : All testimony received at the public hearing held May 17 , 1984 by this board has been taken into consideration . Opposition concerning this application has not been submitted for the record since the filing of this application . It is also noted for the record that the premises in question was the subject- of a prior appeal , No . 3118 , for area variances of the principal building , and a decision has been rendered by this -board June 28 , 1984 , filed with the Town Clerk July 12 ., 1984. In considering this application , the board has determined : (1 ) that this use of the land in question is in the board ' s opinion within the definition of the uses listed under Article VIII , Section 100-80 (B) ; (2 ) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts ; (3 ) that the safety , health , welfare , comfort , convenience or order of the town will not be adversely affected by the proposed use and its location ; (4 ) that the use will be in harmony with and promote the general purposes and intent of zoning . • In passing upon this application , the board has also considered items (a ) through (1 ) of Article XII , Section 100-121 (C) [2] of the Zoning Code . Accordingly , on motion by Mr . Grigonis , seconded by Mr. Douglass , it was .. RESOLVED , that the application for KATHRINE FARR for a Special Exception for a marina and yacht-brokerage sales office , BE AND HEREBY IS 'APPROVED SUBJECT 'TO THE FOLLOWING CONDITIONS : . 1 . No lighting that will, be adverse to neighboring uses ; 2. A railing or barrier (guide rail ) shall be constructed , . not .to exceed 30". above ground level , along the front property line to prevent unsafe exiting onto street , [except that - the area for egress and ingress within the "curb cut" . remain open] ; 3. No fencing alon the front property line , except chain- link for proper visibility ?or otherwise noted in these conditions ) ;. 4 . No fencing along the north side property line less than (or within ) six inches of front property line [except chainlink or guide rail for proper visibility if screening is desired] ; 5 . ' No boats to be moored parallel to existing moored boats (no stacking ) ; 6 . Additional docking and mooring facilities will require Page 3 ,- Appeal No . 3117 Matter for KATHRINE FARR (Special Exception ) Decision Rendered July 3 , 1984 an application to the ZBA and consideration .therefore ; 7 . Proposed future construction or changes requires approval by the ZBA before a building permit is to be issued ; 8. Proposed second-story deck at west end of building shall be reduced (from 4' 6 " and 10 ' ) to 216" at the northwest corner and 5 ' at the southwest corner , respectively ; 9 . Existing stockade fencing along south line shall be continuously maintained ; 10 . No launching ramp shall be built or permitted ; 11 . Building location as approved under Appeal No . 3117 ' shall conform to the setbacks mentioned in the letter/memorandum dated June 18 , 1984 from Stanley S: Corwin , P. C. (or as stipulated by conditions/actions taken concerning this project , whichever is more restrictive ) ; 12 . No storage of boats other than inside building or moored in the water. Location of Property : West Side of Manhanset 'Avenue , Greenport , NY ; County Tax Map Parcel No . 1000-34-5-21 . Vote of the Board : Ayes : Messrs . Goehringer , Douglass , Grigonis and Sawicki . Member Doyen of Fishers Island was absent. This resolution was adopted by unanimous vote of the members present. � GERARD P . GD HRING CHAIRMAN July 13 , 1.984 RECEIVED AND FILED BY THE SOUTHOLD TOWN CIUK DATE 71,C31g�1 HOUR Town Clerk, Town of Sout Id STANLEY S. CORWIN, P. C. ATTORNEY AND COUNSELLOR AT LAW 634 FIRST STREET GREENPORT, NEW YORK 11944 Telephone 516 477-0031 July 11, 1984 Board of Appeals Town Hall Southold, N. Y. Re: Applications of Farr - Gentlemen Reference is made to the action you took with regard to the Farr use and variance applications, and particularly to the conditions which you imposed. Please regard this letter as an application for your re-consideration and for an informal sit-down session with the board to afford us an opportunity to state our position. This request is made in the light of the action already taken by both the Planning Board and the Town Board. Take item [6], for example. We already have Town Board approval to complete the bulkheading, some 33 -feet, and install a dock like the existing one. As I write this letter boats are moored parallel both to the south and north,of our property (the north side is residential). Item 5 discrimin- ates and is for that reason and otherwise objectionable. Finally, the provision you made for storage is at variance with what the Planning Board dick; and we want clarification of item [8]. We believe this request is not unreasonable and look forward to your favorable consideration. Very truly your . Stanley S. Corwin cc KF, RL ?c C� RECEI ED- TOWN OF SOUTHOLD, NEW YORK APR,1,,41983 r / APPEAL FROM DECISION OF BUILDING INSPECTOR APPEAL NO! 'own Plea 'Soutfiold DATE 4 . /83 30 TH E ZON I NG BOARD OF APPEALS, TOWN O F SOUTHOLD, N. Y. 1, (We) ......Kathrine Farr :of ......3.7.224.. Mq x1.. Qdd. Name of Appellant Street and Number Orient ............................................................................................. ........NY...............HEREBY APPEAL TO. Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR ON APPLICATION FOR PERMIT NO. .(non.e•..s•hown.) ..... DATED ...........7,/16/8............................ WHEREBY THE BUILDING INSPECTOR DENIED TO Kathrine Farr ................................................................................. f Ap licant for m't , . of Box reepnport, ff (mailifi-g address) ........37220 Main..Road.,...Qri-1PAt.,..A'1...(.hone..addxess.)................... Street and Number Municipality State ( ) PERMIT TO USE ( X) PERMIT FOR OCCUPANCY ( X) Proposed use. of existin, parcel as premises for marina & brokerage requires special exnPnti nn frnm Rnard of Appeals k Rite plan approval. from Pl nnn.iri BQQaxd. Cn 1. LOCATION OF THE PROP�RTY . 10.U..�Ulanhanse.t...Ave..... ....-li ht.. n i•ndus•tx'•ia..].... Street Use District on Zoning Map 1000-034 block 05 021 ................................................................................. Map No. at No. 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub- section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Art. VIII SEC 100—' 0 B(9) 3. TYPE OF APPEAL Appeal is made herewith for (X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lack of access (State of New York Town Low Chap. 62 Cons. Laws Art. 16 Sec. 280A Subsection 3 4. PREVIOUS APPEAL A previous appeal (has) (has not) been made with respect to this decision of the Building Inspector or with respect to this property. Such appeal was ( ) request for a special permit ( ) request for a variance andwas made in Appeal No. ................................Dated ...................................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X) A Variance to the Zoning Ordinance ( X) Weddrequest permission to use property as a marina for docking -- is requesated fo ot�,e redo o&afll types of boats ; & for yacht brokerage. Proposed use of premises for marina & brokerage requires special exception from ZoningBoard of Appppeals & S ' t plan approval from Planning Board, Art. VIII Sec 100-80 B (9� 14) Proposed building does not meet reggwired front & rear yards required for "Crr Dist. AN. VIII Sec. 100-81 Bulk Schedule Form ZB1 (Continue on other side) REASON FOR APPEAL :Continued:: �i I. STRICT APPLICATION OF THE ORDINANCE would produce practical difficulties or.unneces= sary HARDSHIP because We cannot make any legal use of property because of size of lot. Property is an existing parcel. 2. The hardship created is UNIQUE and is not shared by all properties alike in the immediate vicinity of this property and in' this use district because parcels:- in the vicinity are of sufficient size to permit erection "of buildings. 3. The Variance would observe the spirit of the Ordinance and 'WOULD NOT CHANGE THE CHARACTER OF THE .DISTRICT-because proposed .use would be in conformity with adjacent uses. STATE OF NEW YORK ) '�• ,) ss ...... ..............................a:..d .. COUNTY OFS`'L� ) Signature Sworn to this ............ .......!.�............,...... day of............ . .. ei. ..:...........:............... 19ki. .. .. .. ......... Notary Pue'i MARY BESS FRENI�RE NOTARY PUBLIC. Stale of New York No. 4b90915 Qualified in suffolk County _-.1 commission Expires March 30, i9 TELEPHONE (516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 May 3, 1985 Mr. Roy L. Haje En-Consultants,, Inc. 64 North Main Street Southampton, New York 11968 Re: Katherine Farr Permit 1686 Dear Roy: Your recent request to extend the above referenced permit has been reviewed at the Trustee meeting held on May 1, 1985. Your request has been approved by resolution, adopted at this meeting, for a period of six months and therefore expires on March 28, 1984. Whereas this extention does not validate Mrs•. Farr's permit, reapplication will be necessary for the project. Very truly yours, Henry P. Smith, President Board of Town Trustees HPS:ip cc: Trustees Town Clerk File ✓ Bldg. Dept. r MEETING - MAY 1, 1985 Please find attached a request for an extention (one Year) on the permit issued to Katherine Farr on September 28, 1983. In addition to your approval, if given, the Town Board will have to approve the extention on the wetland application for the project. How would you like to proceed? PLEASE NOTE, I HAVE TRANSMITTED THE ORIGIONAL. LETTER TO THE TOWN CLERK, WHO WILL AWAIT THE TRUSTEES DECISION- ON .THE REQUEST, SEEING THAT THE TRUSTEES DO HAVE THE JURISDICTION IN THE MATTER. ENVIRONMENTAL SERVICES EN-CONSULTANTS, INC. 64.NORTH MAIN STREET, SOUTHAMPTON, NEW YORK 11968 516-283-6360 April 16, 1985 Town of Southold Town Clerk's Office Southold, New York 11971 Re: Katherine Farr Dear Sirs: The permit referenced above will expire on May 8, 1985. Due to various delays, the work has not yet been completed. Would you, therefore, extend the permit for at least one year. Thank you for your cooperation. Sincer6Ly, Roy L. Haje RLH:ps TELEPHONE •'(516) 765-1892 BOARD OF TOWN TRUSTEES TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 April 17, 1985 Mr. Roy L. Haje, President En-Consultants, Inc. 64 North Main Street Southampton, New York 11968 Re: Katherine Farr Trustee Permit 1686 Dear Roy: The Board of Trustees are in receipt of your letter dated April 16, 1985 requesting an extention on the permit ,for Katherine Farr. Please be advised that this matter will be discussed at the Boards regular meeting to be held on May 1, 1985. I will advise you of the Boards decision after that date. Very truly yours, Henry P. Smith, President Board of Town Trustees Ilene Pfiffer in Secretary to Board cc: Trustees File r t 457-s kSr4rJ K `' -..... ...� ,...............�.._-_. -_. ._ -._...._.. x Town Hall, 53095 Main Road P.O. Box 728 Southold, New York 11971 JUDITH T.TERRY TELEPHONE TOWN CLERK (516)765-1801 REGISTRAR OI'VITAL STATISTICS OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD NEGATIVE DECLARATION NOTICE OF NO SIGNIFICANT EFFECT ON THE ENVIRONMENT Dated: May 8,-1984 Pursuant to Article 8 of the Environmental Conservation Law State Environmental Quality Review and 6NYCRR Part 617, Section 617.10 and Chapter 44 of the Code of the Town of Southold, notice is hereby given that the Southold Town Board, as lead agency for the action described below, has determined that the project , which is unlisted will not have a significant effect on the environment . DESCRIPTION OF ACTION Application of Enconsultants, Inc. , on behalf of Katherine Farr, fora Wetland Permit to construct timber bulkhead, install float in front of proposed bulkhead, and dredge in front of the bulkhead and place spoil on' adjacent upland 'as backfill for. the bulkhead, on Sterling Creek, on the west side of Manhanset Avenue, Greenport, Aw York. The project has been determined not to have a significant effect on the environment for the following reasons: An environmental assessment has been submitted which indicated that no significant adverse effect to the environment are likely to occur should the project be implemented as planned. Because there has been a response from the. Board of Southold Town Trustees and Southold Town Conservation Advisory .Council indicating that this project would not have a significant effect 'to the environment . Because there has been no response in the allotted time from the New York State Department of Environmental Conservation and the Southold Town Building Department , it is assumed that there are no objections nor comments from those agencies. Further information can be obtained by contacting Mrs. Judith T. Terry, Southold Town Clerk, Southold Town Hall, Main Road, Southold, New York 11971. Copies to: David DeRidder, DEC, Stony Brook Commissioner Williams, DEC, Albany Southold Town Building Department Southold Town Trustees-"' Southold Town Conservation Advisory Council Town Clerk' s Bulletin Board Enconsultants, Inc. , on behalf of Katherine Farr _ _ .,.aJ AND Si=%:'�•'-•J •:USy D1JC1T2-,1 VIJ IJLL 1'.0 V: 1.1G it lJ:iJJ�J - - ALL DCC�S r+N:D ni_ir'..:.EACS MUST DIS PI-AY VIS 1JL E PEP'll" NUNL?E:?S n' «c:.a.r. `�, - f�•: 'r 'E T':rrr 'I C ry:r- ' ..' �. _o.« w �i ..��ta% >�f '�1' T1 .,+i/..'•i it z +i: ;C,J�,_�' •a.�..\_' .L `1~:Jt;;"•`• :`J�. •�� _•. :riY„�� `�rll'Jtik �i::l.�:•�r�r:rr '�C- � _W�ti� � f,�� �r:.�f�- `• l'*'^ ^�•T'•-i:r: /.�G^.•.M ,f��1.� 'T r.ir.• l�%~ �.:i� =(•"�:, !•; - _ _ -.rat_ �,'. ,,.ter:;.,- �•n.. o ,..�• . -...i-1:. :1�� _..�� ;.tom.-w� •:r.�._.__...^.: J1i_/._:.:._u._��� rr'••; _ _ n�oard Of Souto' d T o�1��n Tr uste�s SOUTHOLD, NEW YORKAt •.j^^'�c� t blOCRY-NG NO. N/A PERMIT NO. .. ...16.8.6.............. DATE: ...Sept. 28 , 198D, l ...........................e....i.,,.,.,......_..__......................_.....-........._......................_..._..._ ISSUED TO Katherine Farr `" "; ^• ' ziI :'.-... 'I-A- L --ter•• Pursuant fo fhe provisions of Chapter 615 of the Laws of �,;G•; :.i _�� the Sta York 1893• 1 to of New and Cha 'e � A p t L•r•,.<< _,•._ ..r.,,,. pT r 0-, of tn„ Laws OT ,n_ /�1--'• `.,—�\ STdte of r New York k 1952; and the SouTnoid Town Ordinance en- filled "REGULATING AND THE PLACING OF OBSTRUCTIONS ' -0— IN AND ON TOWN WA T ERS AND PUBLIC LANDS and the }t REMOVAL OF SAND, GRAVEL a CRA E CP. OT,.ER MATE„I,,LS- FROM•�•,. --�-r:..;., LANDS � l WATERS;' • • ��_.�;�:;�' -�_ ;; UNDER TOWN WATERS; and in accordance with the Resolufion of Tne Board adopfed at a mee J�+~ '- �=• •�; •. , tin hole on .Se.P.t.�..-.1.3., 1;:,=;'•s_�' ��_�,� ,,•t y ,t 19...3.1, ana� i in consiaeraTion of ,he sum of 15. 00 aid b *i '�' ��'•-�,::_� r c: ' En-Consultants, Inc. for Katherine Farr €., :;� , o f Green qrt � ,�_�� , -1: P............................................................... N. Y. and suoject to the y rJ Terms and Conditions listed on the reverse side '°hereof, of Southold Town Trustees authorizes and I ermifs the followin "'�' '�1��= " i`• Application is to register the following structures a bulkhead33+' , float 5 ' x 33 ' and to dredge in J.y <-,.'�<• �; Sterling Creek, Greenport. all in accordance with ,,;e detailea speciTecations as presented in the originating a l:C a T 10 n. IN WITNESS WHEREOF, The said Board or Trustees here- `;' by causes ifs Corporate Seal io oe atrixecl and these presents to be su scrioea 6y a ma or+f of the said Board as oT this daT.e. % ...U"......".. �!L:: c h--.-.-. y - V _tii L!L-.1 .tom...... Lr ,- r .;].� 3�.� �Cz � �J ... .- ...._ ............. .... 'I�: '•t /`''.g .: % �' ems Q�-!V �' .41� X. �'' L, .j• G j:'�a.-r<;vY', :>�i �s';.•� �•'_`.'. ,. f�:;�'��r.T'�-=•:-�� r.,.�.TS-�%e, �(F_17..:. .._ - t ' -•�_:+' ��' t'• ;j�5:- .r `�+..:11' ''.`ti_p'� F' . � .ram: . ,--�1L ,.._ ti�• .... F'. .� �• .��..j M`. .•/i��a• Q �i•• !•t �� . ... '�.�ijy.',��� - rt _ '-'�•i^:ira`o.ram. --�•• .auw��ie - -•.•1� �.i:�•` tom.._ �� L T.Y-.-:�• 1 . ��� �<{ __ r;- �"-��•so.y t —------------------ ---- --'1'E=�J _3^it=SCIIC1_l✓'=_�'�llS�= �_\_ __ ---= J. Board Of Southold Tov-gfin T rusreps SOUTHOLD, NEW YORK 'R MOOR!"G NO. N/A PERMIT NO. ............1686. ..•. DATE: ,.Sept. 28, 1983 ISSUED TO ...Katherine Farr ALL DOCKS AND BULKHEADS MUST DISPLAY VISIBLE PERMIT"NUMBERS Ir , certify that the work. as authorized in this per:ait has teen cc;ncleted and is now r'ead;; fcr your insoec— tior.. also, the nu:n::er required on this Project is clearly vis; ble. I further understand this permit is not valid until this tear sheet is returned to the Trustees. r�l TERMS and CONDITIONS al �I The Permirtee Katherine Farr �a raiding at Greenport, New York N. Y., as part of the consideration for the issuance of the Permit does understand and presaibe to the fol- lowins: 1. That the Southold Trustees Permit must be prominently displayed on the premises effected thereby during the period of 2. Tnat the said Board of Trustees and the Town of Southofd are released from m any and work all damages, or claims for damages, of suits arising directly or indirectly as a result of auy oiler. under r-� ation performed pursuant to this permit, and the said Permittee will, at his or her own e-perse, 151{ defend any and all such suits initiated by third parries, and the said'Permsttee assumes full liability the with respect thereto, to the complete ecclusion of the Board of Trustees of the Town of Southoidpermit.!: YV IF R- 3. That this Permit is valid for a period of _QNEL ,-- R which is considered to be I sufficient time required to complete the work involved, but should circumstances warrant; -equ-t �I for an extension may be made to the Board at a later date. 4. That this Permit should be retained indefinitely, or as long as the said Permitree wishes to maintain the.structure or project involved, to provide evidence to anyone concerned that auth- - E 1' crization was originally obtained. . 5. That the work involved will be subject to the inspection and approval of the Board or I its agents, and non-compliance with the provisions of the originating application, may be cause for revocation of this Permit by resolution of the said Board. 6. That there will be no unreasonable interference with navigation as .a result of the-worm herein authorized. E Ski 7. That there shaiI be no interference with the right of the public to pass and repass along E l l Lhe beach between high and low water manes. r 8.. Thar if future operations of the Town of Southold require the removal and/or alterations t $ � in the location of the work herein authorized, or if, in the opinion of the Board of Trustees, the pI work shall cause unreasonable obstruction to free navigation, the said Permictee will be required, sal upon.due notice, to remove or alter this work or project herein stated without expenses to the Town 3' of Southold. -I 9. That the said Board will be notified b the Permirtee of the completion of the work aura- Y p ? , orized. (See tear off sheet. ) �10• That the Permittee will obtain all other permits and consents that may be required sup- � plemental to this permit which.may be subj--a to revoke upon failure-to obtain same. i/1 Rev/414 BOARD OF TOWN TRUSTEES Town of Southold Main Road Southold, New York ]1971 NOTICE OF ACTION - NOT A PERMIT To: ......Kathjaxixle,,,,•k.gj;, ;..•• ...En-Consultants, Inc. ........................................................... 1. Your application, dater+ .............$/..�.�/..$ ........................................... has been reviewed by this Board, at a meeting of the Trustees held on .......5•ePte?xlb�r•,13, •1983„ .................................... and resulting in the action, as indicated below: (••.•........) Application approved. (•.•.•.......) Application denied. (•••••.......) Application tabled. / 2. Comments and remarks: The trustees have no jurisdiction in this area, therefore your application will register this structure, you will . receive a permit number to post, showing that you have complied with the .request of the Trustees. 3. If vcur c- A PERMIT FEE is now due,- and should be made payable to the order of the Board of Southold Town Trustees. This fee is computed below accord;n to the.S heGul' of Rg'es s set forth in the Instruction ghee F rm I/1) his g paid ;��t. in 0 days or re-a 1 zn anc a fgg Eust be It the Permit Fee is paid in e FP ySecretaryg c��I lonal fee w1 a necessai at the same time. If the fee is paid by maito l,etmi of the Board, The Permit will be cbtnincble permit will be mailed in reply. Computation of Permit Fee: Total Fee for this cpplication ........ • Signed .. ...G% .. ....... ... ALL DOCKS AND BULKHEADS MUST �-uPres. Board of Southo DISPLAY VISIBLE PERMIT NUMBERS a by ..: y� .. •......... .... .... ... /�/ Clerk =Sterling Creek 3 � A/4 - Rev. 6/72 BOARD OF TOWN TRIUSTEES Town Of Southold Main Road Southold, New York 11971 APPLICATION TO DREDGE and or FILL 1. Does this project involve the use of WETLANDS as defined in the Southold Town Ordinance in Wetlands? YES or NO. If it does, your application must be filed through the Town Clerks Office. 2. Applicant's name and address: . Kathrine Farr P;O. Box 568� Greenort, NY 11944 .,,,,,,by„EN-CONSULTANTS....,INC:.�...C�4 North Main St. Southamptona NY 11968 ...... . .... .z .............. . Rp ................8 3. Contractor's name and address: .......Not..yet„selected .................................................................. ................................................................................................................................................................. 4. Explain briefly the purpose of this application: Dredge,an area in front of bulkhead . ................................................. 25',x33' to 4' below MLW and lace resultant 40 c of spoil on adjacent upland ...................................... '..........r....................................... ............ backfiI1-for,bulkhead, Purpose.,of„p:K9 j cq..is to allow safe mooring of .. .... . .. .. . .. .... ...... .. . .... ........ .. . sailboats or other craft. ................................................................................................................................................................. 5. After issuance of Permit, I expect to: (mark with an X) (a) Commence work—AT ONCE ............: ASAP ....X......; UNKNOWN TIME ............. (b) Complete work in — 1 DAY ............; 1 Mo. ....X......; 1 YR. ............; FUTURE ............. 6. Secure the correct Area Map from the Secretary of this Board, and by using an X WITHIN A CIRCLE as a mark, indicate as closely as possible the location of this work. On the reverse side of this map, provide a, SCALE DRAWING which will show the Ordinary High Water Mark and the size and shape of the structure or work. .All dimensions offshore of the O. H. W. M. should also be shown and include any free standing pilings which will remain at completion. 7. Provide the following documents: (a) A Licensed Engineer's Survey of the property involved. (b) A copy of the Contractor's Plans and Specifications. 8. Has any previous application for this work been denied by any other local government agency? Y�&-S NO. If it has been, name the agency. ........:................................................................. Date of denial ........................................ 9. If dredging is contemplated, give your estimate of the following. (a) Average depth of water at M. L. W.where dredging ... ft. (b) Maximum depth of dredging below the bottom, ..........................4................................ ft. (c) Maximum length of dredged area 7' (d) .Maximum width of dredged area ...................................................25.'................. ft. (e) Maximum amount of material to be dredged .............................40.......... c. yds. 10. If filling is expected, give your estimate of the following: N/A (a) Maximum amount of material required..................................................................... c. yds. (b) Explain how fill will be obtained and where it will be placed. .................................................................................................................................................................. .................................................................................................................................................................. 11. In requesting approval of this application, I submit that: I am the person accountable for the performance of the work in accord with the plans and specifications attached hereto; I have read or am familiar with the provisions of any Southold Town Ordinance pertinent to the work involved; and further, I intend to adhere and a y the Terms and Conditions of the Permit. L. S. .... ..............Yd : ...................................... Accepted by: D . r 3 Sterling Creek 3 66 A/3 - Rev. 0/72 BOARD OF TOWN TRUSTEES Town Of Southold 0 Southold, New York 11971 �.�'(,� Main Road 7, APPLICATION FOR A BULKHEAD, DIKE, OR JETTY I. Does this project involve the use of WETLANDS as defined in the Southold Town Wetlands Ordinance? YES or NO. If it does, you must file through the Town Clerk's Office. 2. Is the proposed work entirely within the boundaries of your own property as substantiated by your Deed or Survey? YES or NO. If it is, a Permit is NOT required from this Board, but the Town Building Inspector should be contacted for full details. 3. Applicant's name and address' ....Kathrine Farr, P,O. Box„568, jGreenport „NY„11944 \ ............................................. . ............................... ................................................................................ 4. Contractor's name and address: ....uot;:yst..se.le.c.t.ed................................................................. .......................................:.......................................................................................................................... 5 Explain briefly the purpose of this application: Jzts.t.e.11... Bxo.Fos a.d..b u.1ktb�.e.Ld.....P..n.-.dge...4.1a..axp"a..i 11.�,rPa..of..k.u1.1{h.�.�a..2..�.'.z�3.�..'...ta.4.'..b e low.... MLWZand place resultant 40 c� of spoil on adjacent upland�as backfill for .... ... ... ......... ... bulkhead. Purpmp of„pro,ject,,i ..to„all9w„safe„mooning, of sailboats or other crafts. 6. After issuance of Permit, I expect to: (mark with an X) (a) Commence work — AT ONCE............: ASAP ...A......; UNKNOWN TIME ............. (b) Complete work in — 1 DAY ............: 1 MO. ...X......; 1 YR. ............; FUTURE ............. 7. Secure the correct Area Map from the Secretary of this Board, and by using an X WITHIN A CIRCLE as a mark, indicate as closely as possible the location of this project. On the reverse side, provide a SCALE DRAWING which will show Ordinary High Water Mark as well as the size and shape of the structure or work to be done. Also include all dimensions for Portions which extend offshore from the 0. H. W. M. 8. Provide the following documents: (a) A Licensed Engineer's Survey of the property involved. (b) A copy of the Contractor's Plan and Specifications. 9. Does this project extend into Town Waters beyond an imaginary line or boundary formed by existing works of a similar nature along this area's shoreline? Y1;Szar NO. If it does, state the approximate distance beyond. ............ ft. 10. Will this construction require the Filling of any land offshore of the Ordinary High Water Mark or the Dredging of any material frorn Town Lands under water? YES =If it does, Form A/4 (Application for Dredging/Filling) 1-Mist be completed and attached as part of this application. 1 i. In requesting approval of this application, I submit that': the information presented herein is true and correct to the best of my knowledge and belief; I am the person accountable for the performance of the work in accordance with the plans and specifications attached; I have read or am familiar with the provisions of any Southold Town Ordinance pertinent to the work involved; and further, I intend to adhere to and abide by the Terms and Conditions of the Permit, when and if issued to me. R L. S. ............. ...7..................... ....... .... Accepted. by: Dated: ;7 r';✓if V. 0 JIT ,po� ` [1.0 Aj '`. Qb Wo yAil cl;sl AC sTROM MAP .74 SCALE 1'-.2000i yl s ST ti O /o D o .1- �'y �,l•� O ;� DATVM' I`1LV PuR POS1= SA 00-IT G c A R/NG� Moo R0JACENT ,N i_ A. PATRICIA koHC. O P Po 5 r 7E OWNERS: J oNol Ro��T. MCL ROSE 'dX 1�;+'•r. f CPO ' `O fi FL o AT � b,� 1 'b 6'irC" WALES ('r p 'I(5oTTort) 2= 6" PROPOSED BULKHEA0 8 J L -r —�� 10� ML.►,/_ '-o" F[.O A E D G/N "9 oLv T S DR s G POST Ti / or HRING FAK R ZROO o near GRPoT,DEADMAN TOWN DuTOp, VFFOL-y CO.I /Y. Y,;l; /21 To 4E Ri Mo VE0 Oh STER L/N6 CREC pc 1 T.46. SHEATHlo,"� A r61V- CON5UL TAN TSI ZNG., O S /o r6y N. MAIN ST. 6�PiuN� SOU H s<'{ 8�x/ T A MPTON/ N.Y. SHEET /of I �l �� CROSS SECT/ON THRU PROPOSED 8UL.KHE-AO� FLOATI D RED G/NG c�,i' A/2 - Rev. 6/72 J , �3elo BOARD OF TOWN TRUSTEES Town Of Southold Main Road Southold, New York 11971 APPLICATION FOR FIXED and/or FLOATING DOCKS 1. Applicant's name and address: ...Kathrine Farr, P:O:Box 568? Gr...... t, .NY 11944. .......by..EN-CONSULTANTS.,...INgr...��#.Nql t14.r?i ixl..$.(r.......$.4.t1 h2u1R .oAa...SIX..��.9�2�........................ 2. Contractor's name and address. not yet selected ................................................................................................................................................................. 3. Briefly explain the purpose of this application: .Install 33'x5' float in front of ........................................................ proposed bulkhead: Dyad n:a ea in f�mt-of-bulkhead 25'x33' to 4' below MLW ....... .... .... ..............,..............................�.w.� .. &..place..resultant••laD••ev•o•f••�.poi,L•an••ad.3 _J1- axe as•bacfif ll,for bulkhead; Purpose of• proaect_ is to allow safe mooring: of aft .............................................. 4. After issuance of a Permit, I expect to: (mark by an )0 (a) Commence work — AT ONCE ............: ASAP ..X.......; UNKNOWN ............. (b) Complete work in — 1 DAY ............: 1 MO. ............; 1 YR. ............; FUTURE ............. 5. Secure the correct Area Map from the Secretary of this Board, and by using an X WITHIN A CIRCLE indicate as closely as possible the location of this dock. On the reverse side of this map, provide a SCALE DRAWING which will show Ordinary High Water Mark, the shape and size of the dock and any supplemental pilings which are needed to hold, a floating dock or tie-up a boat. Give all dimensions necessary to determine the area of the dock surface which extends offshore from the O. H.. W. M. 6. Will any portion of this construction extend offshore into Town Waters beyond a,n imaginary line or boundary formed by other similar structures along the area's shoreline? V.E�:or NO. If it does extend beyond this so-called dock line indicate by how far, approximately...........ft. 7. Provide the following documents: (a) A Licensed Engineer's Survey of the property involved. (b) A copy of the Contractor's Plans and Specifications. 8. Will this construction require the Filling of any land offshore of the Ordinary High Water Mark or the Dredging of any material from Town Lands under water? YES or-'NO-. If it does, Form A/4 (Application for Dredging/Filling) must be completed and attached as part of this application. 9. In requesting approval of this application, I submit that: the information presented herein is true and correct to the best of my knowledge and belief; I am the person accountable for the performance of the work in accordance with the plans and specifications attached; I have read or am familiar with the provisions of any Southold Town Ordinance pertinent to the work involved; and further, I intend to adhere to and abide by the Terms and Conditions of the Permit, when and if issued to me. L. S. .......... �.... ........................... I �J ,.Accepted by: Dated: 410 f LJ �c TAk co 4 ! Lj CIS WEST V l i y Z 1 L}4, (7 Gpj L Q I Dc B co MAorson,l l M coN o i �CD fT s RF y MAIN � - ' TREET -f FT � D � �s°9 s U jI19 BA APPENDIX B NAME OF PROJECT SHORT ENVIRONMENTAL ASSESSMENT FORM INr ST�RUCTIONSs (a) In order to answer the questions in this short EAF is is assumed that 'th® preparer will use currently available information concerning the project and the likely impacts of the actions It is not expected that additional studies, research or other investigations will be undertaken, (b) If any question has been answered Yes the project may be significant and a completed Environmental Assessment Form is necessary• (c) If all questions have been answered No it is likely. that this project is Lot, significant, (d) kvironmental Assessment l• Will project result in a large physical change to the project site or physically alter more than 10 acres of land? . . , , , • . , , Yes :2�No 2• Will there be a major change to any unique or unusual land form found on the site? • . • . . Yes No 3• Will 'project alter or have a large effect on an existing body of water? Yea No 4• Will project have a potentially large impact on groundwater quality? . . . . Yes No 50 Will project significantly effect drainage flow on adjacent sites? • • • • • • • • • ', • • +� Yen NO 6• Will project affect any threatened or endangered plant or animal species? • • , , , . , 9 . 0 , , , .�.r Ye8 No 7• Will project result in a major adverse effect on air quality? • • • • • • • • • •. • • NO $• Will project have a major effect-,on visual char- acter of the community or scenic views or vistas known to be important to the community? • , , Yee No 90 Will protect adversely impact any site or struct- ure of h storic, .pre-historic, or paleontological importance or any site designated as a critical environmental area by a local agency? , , �� Yeas -.. No 10• Will project have a major effect on existing or future recreational opportunities? . . �. Yea No lle Will project result in major traffic problems or cause a major effect to existing transportation systems? • • • • • • • • • • • • Yes NO 12• Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb— ance as a result of the project's operation? Yes No 13• Will project have any impact on public health or safety? . • • • . • Yes No 14* Will project affect the existing community by directly causing a growth in permanent popula— tion of more than 5 percent over a one—year period or have a major negative effect on the character of the community or neighborhood? • • Yes No 15. Is there public troy concerning the project? Yes No PREPARER'S SIGNATURE; TITLE; REPRESENTING: DAM 9/1/78 .. R ryryry _ _ l� L, 1 i iF . G I -- i • a *:f t tNo hl O y/°o " o ..1• +3 O �` ��\0 3 o c Ila ?�•. 1 e '�w. n rRveNPoRTs_ _I NA It 60K r y �. �. NAG 6TRoM MAP J6 c T SCALE / w.2000.e-- .';°::7 s: C s 'S- O No fS DATvM: y, PvR POSE: SA/L8OAT G c A. MOoR/NG ADJACENT 0WAb R: . �.p A. PATR iC lA KOHL ; U PPoS/TE UuNERS: JOH14 • RofS�T. MEL ROSE .dX •:a_;'s,^' FLo AT 6�xG" WALE'S (T �l oP do TToPf) MHw-RL 6" PROPO SE0 BULK HEA D $NdLoc�sT y"x/o' M<u/_ '-o" FLOATS �' DREDGING Po3T Ti Roo ''^t}' T��vG for /T ATH R/NE' FAR R DEA1)MAN '��%;•.;. ;r.,dorro hear GRELTNPoRT� TOwN OF ~„ SOUTHOLO� aXioX/�/ To 4E Remo vEn on STER L//V c, CREED T.f6. SHEATH/MG br CND CONSuLTAN T S/ TNG 0 s /0 641 N. MA/N ST. 8 x/6�PNCr Sov rH A MPToN, N.Y. //96g SHEET 10-f 1 CROSS SECT/ON THRU PROPOSCD BULK HE-A OI FLOAT/q' O RED G/NG 1`� y xl 0 RAiN 1hl .� . ��'• 1` (J M 11*10, lob ,yy yr .?�•. 1 1 �t� mow. P_?G/NPn@T }'_ NAG STROMc MAP ?G 6 SCALE 1'-3000y S� O i N o ZZ es 0 A T u M: M L 0 �ooa <�,y �X - PAR POia SA148OAT G tic A. 4r: MOOR/NC A0JAC-PAIT owNlaR: � �,f, A.TATRICIA kOHL. �o si o PPosI7E UwN6R5: OQ JON11 Rpg�-r MBL ROSE idle/ rf �J FLO AT r, WALES (ToP '100TTom) a ` a MHw-;2'- PROPOSED BULKHEAQ , MLw= '-O" FLOATS 4 DRCD6byG PosT Tit t txi T..va For tT A TH TRINE j-,q Roo R R DEAOMAN i•'; Qorroy h mar GRE�NPORT, TOWN OF -y' �s.'_`' _» _ SovTH0�0� $uFFOLK CO.I N. Y .,x / Tb 4E RE Mo v60 on STEM L/NG CREe Ic T46. SHEAT14iNG by eN- CON SuLTA N TS, X14 O s io 6 y Al. MA/M ST. F 5M 8x/6�P /Cr Sou TH A MPToN) N.Y. 1196$Y t° SHEET /of! CROSS SECTION THRV PROP06ED BULKNEAO� FLOA'T1q' DREDGING rF