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HomeMy WebLinkAbout44357-Z Town of Southold 11/3/2019 P.O.Box 1179 53095 Main Rd Southold, New York 11971 CERTIFICATE OF OCCUPANCY No: 40829 Date: 11/4/2019 THIS CERTIFIES that the building ALTERATION Location of Property: 30105 Route 25, Cutchogue SCTM#: 473889 Sec/Block/Lot: 102.-2-16.2 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated 10/17/2019 pursuant to which Building Permit No. 44357 dated 10/30/2019 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: interior alterations to existing building as applied for per ZBA#6564, dated 7/13/2010. The certificate is issued to Polar Tree Farm LLC of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. PLUMBERS CERTIFICATION DATED Authorized Signature TOWN OF SOUTHOLD 1- 9 p BUILDING DEPARTMENT ti TOWN CLERK'S OFFICE • � SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 44357 Date: 10/30/2019 Permission is hereby granted to: Polar Tree Farm LLC 9 W 57th St Ste 4500 New York, NY 10019 To: construct interior alterations to existing building as applied for per ZBA#6353 approval. At premises located at: 30105 Route 25, Cutchogue SCTM # 473889 Sec/Block/Lot# 102.-2-16.2 Pursuant to application dated 10/17/2019 and approved by the Building Inspector. To expire on 4/30/2021. Fees: NEW COMMERCIAL, ALTERATION OR ADDITIONS $250.00 CO -COMMERCIAL $50.00 Total: $300.00 Building Inspector Form No.6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter or ink and submitted to the Building Department with the following: A. For new building or new use: 1: Final survey of property with accurate location of all buildings,property lines,streets,and unusual natural or topographic features. 2. Final Approval from Health Dept.of water supply and sewerage-disposal(S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of I%lead. 5. Commercial building,industrial building,multiple residences and similar buildings and installations,a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings(prior to April 9,1957)non-conforming uses,or buildings and"pre-existing"land uses: 1. Accurate survey of property showing all property lines,streets,building and unusual natural or topographic features. 2. A properly completed application and consent to inspect signed by the applicant. If a Certificate of Occupancy is denied,the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy-New dwelling$50.00,Additions to dwelling$50.00,Alterations to dwelling$50.00, Swimming pool $50.00,Accessory building$50.00,Additions to accessory building$50.00,Businesses$50.00. 2. Certificate of Occupancy on Pre-existing Building- $100.00 3. Copy of Certificate of Occupancy- $.25 4. Updated Certificate of Occupancy- $50.00 5. Temporary Certificate of Occupancy-Residential $15.00,Commercial$15.00]//��1 Q Date. I V 1 New Construction: Old or Pre-existing Building: (check one) Location of Property. 30105 Main Road Cutchogue, NY House No. Street Hamlet Owner or Owners of Property: Polar Tree Farm LLC Stefan Soloviev Suffolk County Tax Map No 1000, Section 102 Block 2 Lot 16.2 Subdivision Filed Map. Lot: Permit No. LN 15� Date of Permit. Applicant: Health Dept.Approval: Underwriters Approval: Planning Board Approval: Request for: Temporary Certificate Final Certificate: X (check one) Fee Submitted: $ (7 App i gnature PoF So182 Z Y4,2-l6 . rA� CWe-1JrMAs �,yo TOWN OF SOUTHOLD BUILDING DEPT. ��couxn 765-1802 INSPECTION [ ] FOUNDATION 1ST [ ] ROUGH PLBG. [ ] FOUNDATION 2ND [ ] INSULATION/CAULKING [ ] FRAMING /STRAPPING FINAL [ ] FIREPLACE & CHIMNEY (XJ FIRE SAFETY INSPECTION [ ] FIRE RESISTANT CONSTRUCTION [ ] FIRE RESISTANT PENETRATION [ ] ELECTRICAL (ROUGH) [ ] ELECTRICAL (FINAL) [ ] CODE VIOLATION [ ] PRE C/O REMARKS: DATE //Zi�z o S INSPECTOR c -11 r FIELD INSPECTION REPORT 7 DATE COMMENTS ■o t�1 FOUNDATION(IST) N y -------------------------------------- FOUNDATION -----------------------------------FOUNDATION (2ND) t� z �o O h-3 _ ROUGH FRAMING& PLUMBING fi N � r INSULATION PER N.Y. y STATE ENERGY CODE FINAL G ADDITIONAL MME S —I cf-4 -�Z m z r� ►o 4 o Z � C TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BtTjVbING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL:(631)765-1802 Planning Board approval FAX:(631)765-9502 GJr� Survey SoutholdTown.NorthFork.net PERMIT NO. c.J Check Septic Form N Y.S.D.E.0 Trustees f� Flood Permit Examined V 20 Storm-Water Assessment Form Contact: Approved 20 Mail to Bennett Enterprises LLC Disapproved a/c PO Box 386,Wading River,NY 11792 Phone:631-445-5907 Expiration 20 BuilAkLn.spWtor APPLICATION FOR BUILDING PERMIT Date � � ,20� INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans,accurate plot plan to scale.Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations affectin the property have been enacted in the interim,the Building Inspector may authorize,in writing,t to a permit for an addition six months.Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for issuance of mg Permit puts to the Building Zone Ordinance.of the Town of Southold,Suffolk County,New Y caDle Laws, Regulations,for the construction of buildings,additions,or alteration r remo tion 'bed.The applicant agrees to comply with all applicable laws,ordinances,building co e,hour' re a' ns,and to a authorized inspectors on premises and in building for necessary inspections. OCT 16 2019 VO /111 (Signature oflapplicant or n e,if a corporation) Polar Tree Farm,9 West 57th Street,New York,NY 10019 (Mailing address of applicant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder Owner Name of owner of premises Polar Tree Farm LLC (As on the tax roll or latest deed) If applicant is a corporation,signature of duly authorized officer Stefan Soloviev,Managing Member (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 30105 Route 25 Cutchogue House Number Street Hamlet County Tax Map No. 1000 Section 102 Block 2 L 16 Subdivision nia Filed Map No. ` 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy Single Family Dwelling,Retail/Storage Building,Christmas Tree Farm b. Intended use and occupancy Same as above 3. Nature of work(check which applicable):New Building _Addition Alteration x Separation wall Repair Removal Demolition Other Work (Description) 4. Estimated Cost $3,000.00 Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use. 7. Dimensions of existing structures,if any:Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction:Front Rear Depth Height Number�of Stories 9. Size of lot:Front S�q CfejJAZ ear Depth 20 10.Date of Purchase Name of Former Owner 11.Zone or use district in which premises are situated 12.Does proposed construction violate any zoning law,ordinance or regulation?YES_NO X 13.Will lot be re-graded?YES NO Will excess fill be removed from premises?YES // NOX 14.Names of Owner of premises bl��(e-e��uVlAddress��` f+ �'`J�Phone Noh 31 'L(YZ'S`l C 7 Name of Architect Charles Thomas Address 206 Lincoln St.Ste 1 Phone No 631-727-7993 Name of Contractor Address Phone No. 15 a.Is this property within 100 feet of a tidal wetland or a freshwater wetland?*YES NO X * IF YES,SOUTHOLD TOWN TRUSTEES&D.E.C.PERMITS MAY BE REQUIRED. b.Is this property within 300 feet of a tidal wetland?*YES NO X * IF YES,D.E.C.PERMITS MAY BE REQUIRED. 16.Provide survey,to scale,with accurate foundation plan and distances to property lines. 17.If elevation at any point on property is at 10 feet or below,must provide topographical data on survey. 18.Are there any covenants and restrictions with respect to this property?* YES NO * IF YES,PROVIDE A COPY. STATE OF NEW YORK) SS COUNTY OF Suffolk ) Stefan Soloviev being duly swum,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the Managing Member (Contractor,Agent,Corporate Officer,etc.) of said owner or owners,and is duly authorized to perform or have per rmed the ai work d to make and file this application; that all statements contained in this application are true to the best o is knowle g that the work will be performed in the manner set forth in the application filed therewith Sw rn to before me th* G�— day of 20 Jodi A.C:;glio Notary Pt blic Notary Public St if New Yory Wature6f Applicant ClUallfled in Suffolk County No.5008424 Commission Expires April 20.2q.2 BOARD MEMBERS *p'F SOSouthold Town Hall �Iy Leslie Kanes Weisman,ChairpersonOho 53095 Main Road•P.O. Box 1 179 Southold,NY 11971-0959 James Dinizio #t Office Location: Gerard P. Gcehringer G Town Annex/First Floor.Capital One Bank George Homing p io 54375 Main Road(at Youngs Avenue) Ken Schneider % coulm,� Southold,NY 11971 hup-.Hsoutholdtow n.north fork.net ZONING BOARD OF APPEALS RECEV D_' PO2010TOWN OF SOUTHOLD ! ' 17 Tel.(631)765-1809• Fax(631)765-9064 G2010 . 7(eo,rCli FINDINGS,DELIBERATIONS AND DETERMINATIOIJouthold Town Elerl MEETING OF JULY 13,2010 ZBA FILE: 6353 NAME OF APPLICANT: Lewis Edson PROPERTY LOCATION: 30105 Route 25,Cutchogue,NY SCTM#1000-102-2-16 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 21, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The property is a conforming 25.5 acres parcel located in a split zone,R-40 and R-80. It is improved with a two-story dwelling and a large metal building containing 7,824 sq. ft. as indicated on the survey of John T. Metzger dated November 12, 2009 (last revised November 18, 2009), entitled "Plan Showing Building Layout of Santas Xmas Farm", with 118.11 feet of frontage on Main Rd.(S.R 25). BASIS OF APPLICATION: Request for an interpretation of Chapter 72,Art.1, Section 72-4,based on an application for building permit to operate a farm stand in an existing building,and the Building Inspector's September 21,2009 Notice of Disapproval stating the proposed use does not meet the definition of a farm stand,at 30105 Route 25,Cutchogue,NY. CTM#: 102-2-16. RELIEF REQUESTED: The applicant requests to operate a farm stand in its existing location. The applicant proposes to alter his existing building to conform to the Town Code definition of a farm stand. BACKGROUND AND ADDITIONAL INFORMATION: The Applicant acknowledged that he had been operating the sales portion of"Santa's Christmas Tree Farm"in the entire 7,824 sq. ft. metal building since the 1980s. This operation has been the subject of an enforcement action commenced by the Town against the Applicant entitled "Town of Southold v. The Estate of Grace R Edson and Lewis Edson a/k/a Lefferts P. Edson," Suffolk County Supreme Court Index no. 11814/2007. The relief sought by the Town in this action was a permanent injunction that would restrain the Applicant and his agents from using and occupying the 7,824 sq. ft. accessory agricultural building that is the subject of this application for retail use. On January 19, 2010, the ZBA was provided a copy of the final determination of the Supreme Court Suffolk County (Hon.Paul J. Baisley,Jr.,J.S.C.), dated August 6,2009,which stated the following: Page 2—JWne 13,2010 ZBA File#6353—Lewis Edson CTM: 1000-102-2-16 The affidavit of Mr. Lark thus establishes that prior to the 1990 expansion, defendants' retail operations — although concededly including the sale of a limited number of manufactured items not "grown on the premises" — were relatively modest, and that the principal use of the building was for the seasonal sale and display of Christmas trees, evergreen wreaths, and roping grown on the premises, it is undisputed that the present retail operation is vastly expanded, and that the sale of items not grown on the premises now predominates. Indeed, Mr. Lark's description of"several rows of tables"displaying Christmas related items must be contrasted with defendants own description of the current use of the "accessory nursery building," as refected by defendants webpage. That document begins, "when you walk into our store you will say "WOW,"an assessment with which, upon perusing the contents, the Court wholeheartedly agrees. Defendants' webpage boasts that defendants' "retail space measures almost 10,000 square feet making us one of the largest Christmas stores in the northeast" and reports that defendant is "a Dept. 56 retailer of Snow village, Dickens, The City, New England, the North Pole and Snow Babies. Other lines that we carry include, Yankee Candle, Fontanini, Old World Christmas, Lenox just to name a few. We carry all tree trimmings, gift wrap, cards and many specialty items. We have a large selection of personalized items and have a local artist on premise to personalize any ornament you choose. Also we make our own fresh wreaths decorated on premises. If you visit after Thanksgiving we have Santa here on the weekends." There is no logical process whereby the above-enumerated list can be considered to constitute usual and customary accessories to an agricultural operation. In light of this Court decision,the Applicant is before the ZBA to legalize this use and has argued that he is scaling back his operation that was the subject of the Supreme Court action to comply with Chapter 72 of the Town Code. During the hearing, the applicant was asked to provide written documentation regarding a break down of the percentages of the sales at the farm stand. On March 16, 2010 the Board received "An Addendum to the Lewis Edson Farm Stand Application"that purportedly provided the requested information. In a memorandum dated March 8, 2010 from the Chairperson of the Town of Southold Planning Board, they commented that the application does not meet the requirements pursuant to Southold Town Code Section 72-4 (definitions)and 72-7(farm stand offerings),as well as suggesting that the proposal required a use variance. At the Public Hearing on June 30,2010 the Board requested comments from the Agricultural Advisory Committee, In a response dated June 14, 2010,the AAC concluded that the applicant does meet all the requirements under Chapter 72 and is a bona fide farm stand,provided that the applicant install a permanent partition prior to applying for a farm permit to reduce the floor area to 3,000 sq. ft. or less. A letter from Kevin E. Matthie of the Department of Transportation dated Sept 11, 2010 to Mr. Edson, confirmed that the existing curb cut and apron to the subject property conforms to NYSDOT specifications. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application March 25,2010 and June 30,2010, at which time written and oral evidence were presented. Based upon all testimony,documentation, personal Inspection of the property,and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 3—!und 13,2010 ZBA File#6353—Lewis Edson CrM. 1000-102-2.16 Based upon the Notice of Disapproval calling into question whether the proposed use of this building is a farm stand, it is clear that there are two distinct issues before the Board,namely: 1. Whether the applicant's proposed retail sales operation is outside the scope of retail sales associated with agriculture,and thus requires a use variance as opposed to a farm stand permit;and 2. If a use variance is not required, whether the proposed retail sales operation qualifies as a farm stand under Chapter 72 of the Town Code. 1. The applicant will not be required to obtain a use variance: While a retail operation that is accessory to agriculture can be considered a farm stand, there is a threshold, whereby the accessory use is transformed into the principal use and removes a sales operation from an "accessory to agriculture"and becomes a full scale retail sales operation that is not accessory to agriculture.This threshold is particularly important when considering a Christmas tree farm, which, as acknowledged by the Applicant, retains most of its farm-grown product in the field and does not maintain a sales floor for Christmas trees within a sales building. The applicant testified that with respect to the Christmas tree sales, the only use needed for the retail sales building was for payment of the trees purchased. It is clear that Chapter 72 of the Town Code includes Christmas tree farms as an agricultural operation that is permitted to have a farm stand. However, based upon the text of Chapter 72 and the minutes of the Town Board public hearing of July 1, 2008 where Chapter 72 was considered, Chapter 72 was tailored to traditional farm stands (sale of vegetables and fruit),as opposed to a farm stand associated with a Christmas tree farm where crops are primarily located in the field and not sold in a retail sales area. This threshold was discussed in the August 6,2010 determination of the Supreme Court. The Town and this Board are bound by this determination, which has set the standard for when a retail sales operation goes beyond that of accessory to agriculture with respect to Christmas tree farm operations. As such, the operation as it previously existed would have required a use variance. The more complicated issue is whether simply decreasing the square footage of the operation, while offering all the same attractions and products continues to qualify this operation as a full scale retail operation. From the language of the court determination,it is clear that offering the same attractions and products,even in a smaller space, would require a use variance. From the testimony at the both hearings and the written materials submitted by the applicant including statements that the proposed modified operation will be limited to selling ornaments,tree stands, bells , wreaths and other items traditionally associated with Christmas trees and wreaths made with said trees in compliance with the proportions set forth in Chapter 72. Provided that the Applicant operates within the limitations in Chapter 72,this Board concludes that the applicant will not require a use variance. 2. The proposed modified use of the buildings meets the definition of a farm stand under Chapter 72 of the Town Code. The applicant is proposing to partition the existing 7,824 sq. ft. agricultural building into two sections: one containing 2,998 sq. ft. to be utilized for a farm stand and the remainder to be utilized for farm storage and equipment handling. This proposal has been issued a notice of disapproval because, among other things, the entire building is 7,824 sq. ft., far above the code dictated 3,000 sq. ft. maximum floor area permitted for farm stands. The Zoning Board of Appeals finds that the definition of a farm stand includes a portion of building and that said portion of a building can be up to 3,000 sq. ft. without requiring a variance from this Board for the reasons set forth below. Chapter 72 Article 1 Section 72-4 contains certain definitions pertaining to farm stands as follows: FARM STAND Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural products grown by the owner or lessor of the structure,as well as the accessory sale of processed agricultural products, agriculture-related products and incidental Page 4—Jpne 13,2010 ZBA File#6353—Lewis Edson CTM. 1000-102-2-16 accessory items. For the purposes of this chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of$10,000 or more or land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of$50,000 or more. RETAIL SALES AREA Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas,temporary display areas and other areas not accessible to the general public. Regarding these definitions, the Board finds that the applicant is a recognized agricultural production operation which exceeds 7 acres in size and yields more than $10,000 of revenue per annum over two consecutive years. The Applicant testified that his farm had approximately 22,000 trees under various stages of growth on the farm and that the annual sales of Christmas trees in any season is approximately 1500 to 2000 trees. In a letter submitted by the applicant on October 20, 2009, the applicant stated that he had approximately$110,000 in tree sales for the 2009 holiday season. Additionally, given the definition of"Retail Sales Area' and representations made by Applicant,the entire farm stand including the retail sales area and the storage of all incidental accessory items that are sold at the farm stand must be contained within the 2,998 sq. ft. section of the building.' Additionally, §72-8 sets forth the maximum size of a farm stand structure (s) as 3,000 sq. ft. The applicant currently has a building with a total of approximately 7824 sq. ft of floor area. The applicant proposes to setoff a portion (2,998 square foot area) of this building by installing a wall with a small door to define farm stand operation. With respect to the setting off of a portion of the building, the Board has testimony from the Agricultural Advisory Committee stating that doing so in this fashion is in keeping with original intent of Chapter 72. Furthermore, the applicant has agreed to maintain 20 -25% of the space within the farm stand as space utilized for the making and decoration of, as well as sale of wreaths created from trees grown on site. As such,the proposed farm stand complies with maximum size of a farm stand structure. Finally,the applicant also testified with respect to the intended compliance with §72-7 of the code,entitled farm stand offerings. In the applicant's September 9,2009 letter to Board,the applicant stated the following: 1. 60%of the gross revenue generated is anticipated to be from trees grown on the farm; 2. 20%of the gross revenue generated is anticipated to be from wreaths;and 3. 20%of the gross revenue generated is anticipated to be from ornaments and similar non-agricultural incidental products. So long as the proposed farm stand operates within the above referenced parameters it will meet the definition of a farm stand as set forth in Chapter 72 and is entitled to the issuance of a farm stand permit from the building department. RESOLUTION OF THE BOARD: In considering all of the above, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried,finding that the proposed 2,998 sq. ft. portion of the agricultural structure shown on the survey by John Metzger, Peconic Surveyors, PC dated November 12,2009 While not at issue in this determination, it is noted that the Agricultural Advisory Commission opined that the code sets a maximum only for the"retail sales area"of a farm stand at 3,000 sq. ft.and indicated that the remaining portion of the building in this instance can be used to store incidental accessory items that are not a product of the farm. This board disagrees with this interpretation If the Town Board intended to set a maximum size limitation of the retail sales area at 3,000 sq. ft., it would have specified such within §72-8. Instead, §72-8 refers to the maximum size of the farm stand structure(s),which includes the retail sales area and storage areas. In this instance,the remaining portion of the building that is not part of the farm stand can only be used for storage of equipment and other on-farm produced agricultural products,but not for the storage of incidental accessory items that are not produced on the fann. Page 5—Mine 13,2010 ZBA Filc#6353—Lewis Edson CTM. 1000-102-2-16 and labeled Plan Showing Building Layout. as presented to the Zoning Board of Appeals meets the definition of farm stand and the Building Department is permitted to issue a farm stand permit to same upon the satisfaction of the representations by the applicant at the public hearing as follows: 1.�'.Applicant shall obtain a building permit to construct the proposed permanent partition,thus reducing the retail sales area to 2,998 square feet,prior to obtaining a farm stand permit. 2 Applicant shall clearly indicate with proper signage and security that the 4,826 sq.ft.area beyond the farm stand is for employees only and not accessible to the general public; 3. No retail sales,nor storage of incidental accessory items that are not produced on the farm may be stored within the 4,826 sq.ft. area of the building beyond the farm stand; 4. Based upon the testimony of the applicant,the Farm Stand shall operate on a seasonal basis, as from Labor Day through March 31. 5. Applicant shall continue to operate as a recognized agricultural production operation as per code while the farm stand is in existence Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minim is in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board. Ayes. Members Weisman (Chairperson), Goehringer, Schneider. (Absent were:Members Horning and Diniaio) This Resolution was duly adopted(3-0). Ir L-l- R CEIVED Leslie Kanes eisman, airperson Ck' Approved for filing / 9!2010 UG a Satlth,old Town CIer1 Scott A. Russell afZ) ST{0�]E�..I�� WA\'7C']EIR SUPERVISOR IBCA\1�A�cCxlEl�1[]E1��[' SOUTHOLD TOWN HALL-P.O.Box 1179 Town of Southold 53095 Main Road-SOLTTHOLD,NEW YORK 11971 CHAPTER 236 - STORMWATER MANAGEMENT WORK SHEET ( TO BE COMPLETED BY THE APPLICANT ) DOES TMS PROJECT INVOLVE ANY OF THE FOLLOWING: Yes No (CHECK ALL THAT APPLY) ❑YA. Clearing, grubbing, grading or stripping of land which affects more than 5,000 square feet of ground surface. [3[! B. Excavation or filling involving more than 200 cubic yards of material within any parcel or any contiguous area. I ❑Q'C, Site preparation on slopes which exceed 10 feet vertical rise to ❑E:(D100 feet of horizontal distance. . Site preparation within 100 feet of wetlands, beach, bluff or coastal erosion hazard area. ❑ E. Site preparation within the one-hundred-year f loodplain as depicted on FIRM Map of any watercourse. ❑E3/F"' Installation of new or resurfaced impervious surfaces of 1,000 square feet or more, unless prior approval of a Stormwater Management Control Plan was received by the Town and the proposal includes in-kind replacement of impervious surfaces. If you answered NO to all of the questions above,STOP! Complete the Applicant section below with your Name, Signature,Contact Information, Date & County Tax Map Number! Chapter 236 does not apply to your project. �C _.M you answered YES to one or more of the above,please submit Two copies of a Stormwater Management Control Plan - - a comp�ete��heeSc LisTForm16llie Building Depaitment Wit tt your 8uMding-Ferntit AppRc-aUoia. -- - APPLICANT: (Property Owner,Design Professional,Agent,Contractor,Other)l S.C.T.M. �`: 1000 Ikite � I Ti—strict NAME: Stefan Soloviev 102 2 16.2 n Section 61Dck FOR BUILDING DEPARTMENT USE ONLY ` Contact Information 917-929- — _ — — Reviewed BY: I i — — — — — — — — — — — — —!I Property Address/Location of Construction Work: — — — — — — _ —Date: _ _ — — — — ��; 30105 Main Road Cutehogue, NY „ Approved for processing Building Permit. I — — Stormwater Management Control Plan Not Required. Stormwater Management Control Plan is Required. (Forward to Engineering Department for Review.) FORM 't SMCP-TOS MAY 2014 APPLICANT. S.C.T.M. 1000 Wrowty O—n.baits Ptgnsional,Atnt,contru�t*t.Odd) ._ -� �oSWFC4*� CHAPTER 236 Stormwater Management Control Plan CHECK LIST NAME. Section Block Lot S M C P -Plan Requirements: Provide ONE copy of the Building Permit Application. 16 Rvs A W �03 Date: �k The applicant must provide a Complete Explanation and/or Reason for not providing all Information that has been Required by the following Checklist! 14�olatt Telepbrc Nu Wla 1. A Site Plan drawn to scale Not Less that 60'to the inch MUST - If You answered No or NA to any Item,Please Provide Justification Here! show all of the following items: YE NO NA If you need additional room for explanations,Please Provide additional Paper a. Location&Description of Property Boundaries b. Total Site Acreage. c. Existing-Natural&Man Made Features within 500 L.F. of the Site Boundary as required by§236-1702). d. Test Hole Data Indicating Soil Characteristics&Depth to Ground Water. e. Limits of Clearing&Area of Proposed Land Disturbance. f. Existing&Proposed Contours of the Site (Minimum 2Intervals) g. Location of all existing&proposed structures, roads, driveways,sidewalks,drainage improvements&utilities. h. Spot Grades&Finish Floor Elevations for all existing& proposed structures. I. Location of proposed Swimming Pool and discharge ring. j. Location of proposed Soil Stockpile Area(s). k. Location of proposed Construction Entrance/Staging Area(s). I. Location of proposed concrete washout area(s). M. Location of all proposed erosion&sediment control measures. 2. Stormwater Management Control Plan must include Calculations showing W that the stormwater improvements are sized to capture,store,and Infiltrate — on-site the run-off from all impervious surfaces generated by a two 0 inch rainfall/storm event. 3. Details&Sectional Drawings for stormwater practices are required for approval. T Items requiring details shall include but not be limited to: a. Erosion&Sediment Controls. _ -�- b. Construction Entrance&Site Access. _ c. Inlet Drainage Structures (e.g.catch basins,trench drains,etc.) d. Leachim,Structures (e.g.infiltration basins,swales,etc.) — FOR ENGINEERING DEPARTMENT USE ONLY**** Additional Information is Required. �! Reviewed& i Stormwater Management Control Plan is Not Complete. Approved By: -- ----- -- — — — — — — — — — — — — — — — — — — — — — — — ❑ Stormwater Management Control Plan is Complete. Date: i SMCP has been approved by the Engineering Department.' i FORM " SWCP Check List-TOS MAY 2014 • i 42.3' 401r . 130,0' OFFICE � � i 4T0 sq.11. ti � RETAIL SALES v�o~ •c a 2373 sq.11. i a A of r r M - a STORAGE It '�' _ ia•5• '�'�O3 53 130.0• V RECEIVED .a d NOd i y r_ull`t TOTAL RETAIL SALES 2 2998 sq.fl. IsOAAD OF APPEALS A*JOAff PLAN SHOW/NG BUILDING LAYOUT OF SA NTA S XMAS FARM T\ AT CUTCHOGUE N.Y.1000-102-o2-1s , ; : ,� ;Scale$ l 20' 9618 Nov. l2 2009 NOV. 16, 2609 (REVISED) S765 - 502 § r s - 179 P. 0. BOX 909 1230 TRAVELER STREET SOUTHOLD, N.Y. 11971 qtr -j! APPROVED AS NOTED DATE: w B.P.#��/ FEE: ! BY: _ REVISIONS D E S C R I P T 1 0 N NOTIFY BUILDING DEPARTMENT AT 765-1802 8 AM TO 4 PN FOR THE 10/29/19 FOLLOWING INSPECTI01`41S: 1. FOUNDATION ''': QUIRED FOR POURED C,_,NCF�TE 2. ROUGH - FRAMIN(7 F PLUMZiNG 3. INSULATION 4. FINAL - CONSTRUC'InN MUST BE COMPLETE FC D. ALL CONSTRUCTION S-iALL MEET THE REQUIREMENTS OF THE CODES OF NEW YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS. 42'-0" EXISTING COMPLY WITH ALL CODES OF NEW YORK STATE & TOWN CODES AS REQUI D AND CONDITIONS 0'- L SOUTH00 TOWN SSA a n SOIT:a lN;.�, Hs ;. EXISTING WALLS TO REMAIN e nem. EXISTING EXISTING EXISTING WALLS (2) 3068 (2) 3068 /� TO REMAIN OCCUPANCY (fl USE IS UNLAWj1 WITHOUT CER-1 ir1;�� �..�_. PROPOSED 8'-0" HIGH PARTITION WALL OF OCCUPANCY 2"X4" 0 16" OC FRAME WITH V SHEET ROCK EACH SIDE -1 �FlRE INSPECTION w Qc EXISTING Q � F PROPOSED EXISTING w RETAIL REQUIRED.BEFORE '1O STORAGE o O RETAIL o EXISTING o Z OPENING w _ I 2 3068 (2520 SF) �- 04 3068 DOOR = i F (475.9 SF) F F� 0 X f— w N N , ui w z O w wa z TOTAL RETAIL AREA NOT TO EXCEED 3000 SF < r n z N O LL_I Q I— W C1� o — O o O O – L� � o w = � z U o C/)ri (W Q U o I— U oz 132'-0" 42'-0" r-r EXISTING EXISTING L E G E N D - EXISTING TO BE REMOVED PROPOSED FRAME WALL Charles M. Thomas a r c h i t e c t PO BOX 877 JAMESPORT, NY 11947 (631) 727-7993 • PROJECT P PROPOSED ALTERED FLOOR PLANS ray de- srnal �d� 1 SCALE: 1/8" l'-O" = 1 -0 - co PROPOSED FLOOR PLAN DATE: 9/30/19 PROJECT No. DRAWNG BY. CHK BY. DWG No. W-FO-071 -Foo 1 OF 1 THESE DRAWINGS AND ACCOMPANYING SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE THE EXCLUSIVE PROPERTY OF THE ARCHITECT AND THEIR USE AND PUBLICATION SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED. REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, III WHOLE OR IN PART, IS PROHIBITED EXCEPT BY WRITTEN PERMISSION FROM THE ARCHITECT, TITLE TO THESE PLANS SHALL REMAIN WITH THE ARCHITECT.VISUAL CONTACT WITH THEM SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS. r' VY, ARCHITECT APPRO ED AS NOTED DATE: # FEE 3-20 BY: REVISIONS DESCRIP T ION NOTIFY BUILDING E--tiRTMENT AT 10/29/19 765-1802 8 AM TC a PM FOR THE FOLLOWING INSPECTICNS: 1. FOUNDATION - T4tiC REQUIRED FOR POURED CONCPETE 2. ROUGH - FRAMING & PLUMBING 3. INSULATION 4. FINAL - CONSTRUC-;'ON MUST BE COMPLETE FOR CO. ALL CONSTRUCTIC-N SHALL MEET THE REQUIREMENTS OF THE CODES OF NEW YORK STATE. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS. 42'-0" EXISTING COMPLY WITH ALL CODES OF NEW YORK STATE & TOWN CODE' AS REQ7'D AND CONDITCINS C ' S&J I HOLD TOINNII ZR4 SOUK-1- -fi�t(�-fi, EES EXISTING WALLS TO REMAIN EXISTING EXISTING EXISTING WALLS (2) 3068 (2) 3068 TO REMAIN OCCUPANCY 11'-4" USE IS'UNLAWF�.�.�. PROPOSED 8'-0" HIGH PARTITION WALL WITHOUT VE' `TIF'ICA I " 2"X4" 0 16" OC FRAME WITH Y2" SHEET ROCK EACH SIDE OF OCCUPANCY - - - - - -I w Z EXISTING = UL. PROPOSED EXISTING w RETAIL ' S INSPECTION I- 0 1 2 3068 REQUIREDIc BEFORE W � C14STORAGE o ( ) (475.9 / RETAIL Z (2520 SF) 3068 D OR zv I � 0PEN!N w (� \ ) F- N O OLD X O W w wa z TOTAL RETAIL AREA NOT TO EXCEED 3000 SF Q C/) Z (� 0--- Q o LLJ mi Q F-- cl:fC!) o o i"n � o � _ Uz z U � U o C1) 0 I_,_I I- o f— U z 132'-0" 42'-0" Q EXISTING EXISTING C LIE G E N D EXISTING - TO BE REMOVED - PROPOSED FRAME WALL ravel, smu)4- C6 /-Pr , Charles M . Thomas a r c h i t e c t PO BOX 877 JAMESPORT, NY 11947 (631) 727-7993 PROJECT P PROPOSED ALTERED FLOOR PLAN 1 SCALE: 1/8" = 1'-O" PROPOSED FLOOR PLAN DATE: 9/30/19 PROJECT No. DRAWING BY. CHK BY. DWG No. [N-FO-0-11-Fool 1 OF 1 THESE DRAWINGS AND ACCOMPANYING SPECIFICATIONS, AS INSTRUMENTS OF SERVICE, ARE THE EXCLUSIVE PROPERTY OF THE ARCHITECT AND THEIR USE AND PUBLICATION SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED. REUSE, REPRODUCTION OR PUBLICATION BY ANY METHOD, IN WHOLE OR IN PART, IS PROHIBITED EXCEPT BY WRITTEN PERMISSION FROM THE ARCHITECT. TITLE TO THESE PLANS SHALL REMAIN WITH THE ARCHITECT.VISUAL CONTACT WITH THEM SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS.