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HomeMy WebLinkAbout7409 Indian Mede, IV'I-Lc q �esl i-e %ze, o,-A as $ N Jeer kOce • nod is_ O-CaInt &+ Awn i 1 J ' CHECK BOXES AS COMPLETED , r ' ( �-,.Jn of F:In) Tape this form to out ' f 'tl ( + ) Pull ZBA copy of NDo 71D ( ) Check file boxes for p.Assign next number c outside of file folder " ( ) Date stamp entire ori file number x o m �„ s3 cre-y r n m ...s ,� '� 3 ( )-Hole punch entire or ,'. =� CD 0) 0 # �F h : (before sending to T. w CL �, c Create new index ca (D -;4 �,z 0 Q vo` CLI contact info & �- � Prepare transmittal t! n ao I ( ) Send original applicai ;` M i O to Town Clerk f Note inside file foldei - eg t- : • s - and tape to inside of ro ( ) Copy County Tax Ma neighbors and AG lot, = _ (, ) Make 7 copies and pl, BFnY'4 1 1 Do mailing label a prw XS BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson O��if so�ryol 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Patricia,Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. • COQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento COUNTY Southold,NY 11971 http://southoldtownny.gov ELIE 1 V LE ZONING BOARD OF APPEALS + TOWN OF SOUTHOLD UG 2 ?,Q20 Tel.(631)765-1809 •Fax(631)765-9064 Southold Town Clerk FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 20, 2020 ZBA FILE: #7409 NAME OF APPLICANT: Indian Neck IV,LLC PROPERTY LOCATION: 1985 Leslie Road,Peconic,NY SCTM: 1000-98-1-2.1 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 II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated March 12, 2020 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: The subject, conforming 10.7 acre, rectangular shaped parcel, located in the AC Agricultural Zone, measures 576.78 feet along Leslie's Road, then runs southeast along a 10 feet wide walkway & easement, 365 feet along a residentially developed lot, part of the East Hill section 1 subdivision, then returns parallel with Leslie's Road 50 feet and continues southeast 166.49 feet along a second residentially developed lot (part of the East Hills subdivision) and returns, 883.93 feet parallel with Leslie's Road, along agricultural lands owned by the applicant, then returns 340.25 feet along the same agricultural property and a third residential neighbor to Leslie's Road. The property is improved with paddock fencing, a run-in shed and deer fencing along Leslie's Road and the neighboring residences, as shown on the survey prepared by Martin Alexander Read,Licensed Land Surveyor, last revised April 10, 2019. BASIS OF APPLICATION: Request for a Variance from Article XXII, Section 280-105C and the Building Inspector's January 13, 2020, Amended February 24, 2020 Notice of Disapproval based on an application for a permit to legalize an "as built" 8 foot deer fence; at 1) not permitted on vacant parcel not engaged in bona fide agriculture production; located at: 1985 Leslie Road,Peconic,NY. SCTM No. 1000-98-1-2.1. RELIEF REQUESTED: The applicant requests a variance to legalize an `as-built' eight-feet high deer fence, running along the perimeter of a separate lot,which is part of a larger"combined"farm parcel. The `as-built' fence Page 2,August 20,2020 #7409, Indian Neck IV,LLC SCTM No. 1000-98-1-2.1 is located on the south side of Leslie's Road and along two neighboring residences, where the subject independent parcel is vacant and is not recognized as being engaged in bona fide agricultural production. ADDITIONAL INFORMATION: The applicant owns several parcels of land, totaling approximately 133.48 acres, the bulk of which is actively farmed and receives an agricultural tax exemption from the Town of Southold and is engaged in bona fide agricultural activities. Development rights are intact. The combined parcels are operated collectively as "Indian Neck Farm". The applicant, in addition to the subject parcel, is requesting similar relief on two other adjacent, parcels under application numbers: #7410 & #7411. The Zoning Board of Appeals opened all three applications at the same time during the public hearing on Thursday, August 6, 2020. The applicant stated that the subject parcel has been in agricultural production and will continue to farm the property, planting a variety of crops including squash, which is sold locally. The property also is used to graze livestock. On August 5, 2020, the applicant provided the Board with a Resolution of the Suffolk County Agricultural and Farmland Protection Board recommending the inclusion of the subject parcel(s) into Agricultural District No. 1. The Resolution is numbered 500-2020 of the Suffolk County Agricultural and Farmland Protection Board, pursuant to Section 303-B of Article 25-AA of the NYS Agriculture and Markets Law. Two residential neighbors, each with homes on Skunk Lane, spoke during the public hearing outlining their concerns over the as built deer-fencing which displaces deer activity on to their property. The applicant offered to discuss their concerns privately and would work towards mitigating any issues brought up. Both neighbors stated that they preferred an active farm behind their home versus residential development. By right, an agricultural property is permitted deer fencing when engaged in bona fide agricultural operations. The applicant installed the `as-built' deer fencing well inside their property line along Leslie's Road and two neighboring residences and the deer fence is well screened by existing vegetation and wooded areas. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on August 6, 2020 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(I). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Leslie's Road runs through active farmland and vineyards. On the north side of the street a vineyard is fully enclosed with deer fencing that is visible. While there is residential development on the south side of the street, in the area of the subject parcel, the `as-built' fencing is located behind existing vegetation and trees and is set well into the applicant's property. Passersby and residents will have difficulty discerning that the deer fence is there. The deer fencing will have little if any impact on the neighboring landowner's view shed and is essential for successful farming in the Town of Southold. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. Deer infestation is a recognized problem in the Town of Southold. There is no way to sustain agricultural production without deer fencing. If the fence is not allowed to remain, the crops will be decimated, and the land will be fallow. 3. Town Law X267-b(3)(b)(3). The variance granted herein is mathematically substantial, representing 100% relief from the code. However, the applicant has illustrated that the subject parcel is an integral part of a larger, Page 3,August 20,2020 #7409, Indian Neck IV,LLC SCTM No. 1000-98-1-2.1 combined agricultural operation and has shown evidence that the property will be included in a Suffolk County recognized Agricultural District. 4. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. 5. Town Law $267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase and the applicant should have established participation in bona fide agricultural activities prior to the installation of the deer fence. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a perimeter 8 feet high deer fence while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Planamento, seconded by Member Lehnert, and duly carried,to GRANT the variance as applied for, and shown on the survey prepared by Martin Alexander Read, Licensed Land Surveyor and last revised April 10, 2019. SUBJECT TO THE FOLLOWING CONDITIONS: 1. The applicant must apply to the Building Department for a building permit for the "as built" improvement(s)within 30 days of the date of this decision and submit same to the Office of the Zoning Board of Appeals, or submit a written request for an extension to the Board of Appeals setting forth the reason(s)why the applicant was unable to obtain a building permit in the time allotted. 2. The applicant must submit evidence of an approved Agricultural Exemption from the Town Assessors to further prove the parcel is engaged in a bona fide agricultural operation within three years. 3. At the discretion of the Board of Appeals,failure to comply with the above conditions may render this decision null and void Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance(s)granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to comply therewith will render this approval null and void. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Page 4,August 20,2020 #7409, Indian Neck IV,LLC SCTM No. 1000-98-1-2.1 Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of Occupancy has not been procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three (3)years from the date such variance was granted. The Board of Appeals may, upon written request prior to the date of expiration, grant an extension not to exceed three (3) consecutive one (1)year terms. Vote of the Board: Ayes:Members Weisman(Chairperson)Acampora, Dantes,Lehnert, and Planamento(5-0). $ieKanes Weisman, Chairperson Approved for filing �/4 2020 BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �o�� lyo1 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 r Patricia Acampora Office Location: Eric Dantes �, Town Annex/First Floor, Robert Lehnert,Jr. • �O� 5437.5 Main Road(at Youngs Avenue) Nicholas Planamento OliYIrou 1► Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 November 10, 2020 Martin Finnegan,Esq. Twomey, Latham, Shea,Kelly,Et Al P.O.Box 9398 Riverhead,NY 11901 RE: Request for Extension—30 Days Appeal No. 7409,7410 and 7411 Indian Neck SCTM No. 1000-97-9-10.4, 1000-91-9-12, 1000-98-1-2.1 Dear Mr. Finnegan; T received your coi respondence of 066ber 1-9�2020,requesting ari ad-ditional-eiite`nsioft=for thirly-(30 days - -` in order to comply with the Zoning Board's condition(#1)which requires that your client apply to the Building Department for a building permit for"as built"deer fence within 30 days from the date of the Zoning Board of Appeals' decision as cited above. According to the variance relief granted ori August 20, 2020,the applicant was required to obtain and submit the building permits by September 20,2020. In your correspondence,you explained that although the Building Department staff is satisfied with your application submission,they have requested that you request an extension from the Zoning Board of Appeals. Based upon the circumstances described,the Board grants your request for an extension of thirty days(30) from the date of this resolution,November 5,2020, and to expire on December 5, 2020 to comply with the aforementioned Zoning Board of Appeals condition. Feel free to contact our office if you have any further questions or concerns. 1 will instruct the office to send a copy of this letter with your request to the Building Department. Sincerely, LL 4X";w Leslie Kanes Weisman Chairperson cc: Michael Verity, Chief Building Inspector Y / U / ' ZQ D � o / l BERM 2.4E LAND NOW OR ;; POST& o_ FORMERLY OF Y WIRE FE 65�Q'Z%% / 1 1 MARCOul o. m 0 6. �. ON-LINE OH N/ RPZ 'I'<, I I I �• Q ,. . �. f4I 10'N / / // BERM/ / BERM / / S S 1O, -Td00 NDS oY` / / / / 1 STORY 11) (D SEE `' CURB FENCE pN/ ✓'_ ' `rcP// / BUILDING C // N DETAIL o.e•s o.s•w OJ ��• /Q // i, CONC. CURB P&R FE ° ^�/. 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CONCRETE/MASONRY FIE i i u SUFFOLK COUNTY TAX MAP co`d ` DISTRICT 1000 1n w SECTION 98 x iM / 0.FE 31W 8 E S Si�•3S7. R2SHEDN 8��1%�` / BLOCK 0'T 27.1 N .i S7, WITH 3R O �1EL S • �2c'� SSyF \ TYPICAL) 1 79) 88, / A 4 •e8, --/\/ ON- D•C"N uNKN E FE 0.1'W 300' NYSDEC TIDAL WETLANDS \ / / FE SETBACK LINE / ON- LIN \ fE 01NE �NK/CE 00 \ G1'WN \ ,��ry �� / / S S`���• TIDAL WETLANDS LIN BY GEJNEATED JUST, JMO FE \ CONSUTLING ON cLIF 0.5'E ) JULY 20, 2018 a O 0.1'w \62 `Z' '` �s \8S• 100' TOWN OF SOUTHOLD TRUSTEES \ �? h \ _ / S TIDAL WETLANDS \ GOF ���• �y ` s;�S• SETBACK LINE CLF 0.s'w r SUFFOLK COUNTY TAX MAP DISTRICT 1000 / \ 0IZI1 e SECTION 97 \ 6ti o BLOCK 09 1�0 k. .n o O�• LOT 10.4 `, p o 1 6oo to -} �cLF OI °� �1 M M 0.4• FE Cp^ C� ` pc�1��• ' + x \ 0.4'E � �Oc� ` + 2 300' W 3 + 77 t I + NOTES FIE „�� ^� o •� 0.8• co ��j°� (n Z + X00 3� 1) REFERENCE DEEDS & ACREAGE (AS DESCRIBED) 100' TOWN OF + + ✓ SCTM 1000-97-09-10.4 LIBER 12539 PAGE 596 9.9936 ACRES 4�- / \ SOUTHOLD TRUSTEESC 1 (�SCTM 1000-97-09-12 LIBER 12539 PAGE 899 34.6402 ACRES 300' NYSDEC TIDAL WETLANDS + + R0 wE R L-/SCTM 1000-98-01-2.1 LIBER 12539 PAGE 704 10.7097 ACRES TIDAL WETLANDS SETBACK LINE MONUMENT FOUND + + FE SCTM 1000-98-01-27.1 LIBER 12539 PAGE 901 77.6746 ACRES % / SETBACK UNE 1.1'8 ONE 1.9'E SUFFOLK COUNTY TAX MAP + + 2) SUBSTANTIAL VISIBLE IMPROVEMENTS ARE DEPICTED, MINOR IMPROVEMENTS & FEATURES ARE NOT O' DISTRICT 1000 3 2.3'E NECESSARILY SHOWN. SECTION 97 + 2.7 S ; \ BLOCK 09 LINE/ (0 O 3) SUBSURFACE & ENVIRONMENTAL INVESTIGATIONS WERE NOT CONDUCTED AS PART OF THE SURVEY. LOT 12 + + ►� FE cp 4) WOODS/BRUSH LINES AND MARSH AREAS DEPICTED HEREON ARE APPROXIMATE. + FE . RS• O / + + o.i•w - - 5) WATER BOUNDARIES ARE SUBJECT TO CHANGE DUE TO NATURAL CAUSES AND MAY OR MAY NOT FE\ � ��� C + M u E D NOw OF. YE REPRESENT THE LIMIT OF TITLE. O- REPUTED OWNER: � >py GREAT PECONIC LLC \ �o �' / �j + + + cj'Z3w w �OR���Y 0'� ' F / S ' to /ON 9� �� 2O FENCE + FE�� / I OPENING UNE ��\ A9�• V [f.�O Y 1.0'E �OG�O / + -I- .,t 1? 17 pcOaj�o/ 09 / Lal ° S 0 ,0 sr 1x .0 •0, � + -I- + a C1 / � PLA r 0 / REPUTED OWNER: "n0j + + + N� 9?• � DO •♦ / PETER WALKER b + + + r } O U1 y .? X03 ?� O o Z � 90 O; pp�� p�,� REPUTED OWNER: 6p�. / + + + + 11 FINAL �v ►� REPUTED OWNER. 1 1 JUDY TEEVEN O f '� COUNTY OF SUFFOLK 300 NYSDEC OA / REV I E� E D E i "47-13A / + + + 1 1 TIDAL WETLANDS ; ' �`90 Cp0o. s 5w / / + + + + + I I SETBACK UNE SEE DECISION ` IIv 1 / � '���' PIPE + + + + a = DATED g l� 1;� OU . W DS LINE N I W TIDAL DE NEATED Ike � ) \ OJ� / + + + + BY G. UST, JMO I I t �h0� Oc / / G o -- + + JULY 2 N US O 20118 I I OFE N- it3 � S ►���� � ae}- + + + + I � 100' TOWN OF LINE to to The offsets or dimensions shown from structures to the property lines are for a specific purpose and use,and therefore,are not intended to guide in the erection offences,walls,pools,patios,additions to buildings and any other construction. 00 �� ��o N- REPUTED OWNER: �L O 00 SOUTHOLD TRUSTEES 41 'O SO. LINE ! LAUREN BECK o + + + N 7{9' 07 W TIDAL WETLANDS O, REPUTED OWNER: -Z � '05" W 37. 4' SETBACK LINE Ln � Subsurface and environmental conditions were not examined or considered as apart of this survey. y FE CARL FRITSCHER �� ` s + ' 3`091080 W Easements,Rights-of-Way of record,if an are not shown,unless otherwise noted. ON-UNE 1.7'E/ \ \ al�� POST k.!f.RAIL FE S 4350'26* W ' 29.77 I I / / g Y Y, FE w ` O�,n 0.7W 27.52' S 4'Af Property corner monuments were not placed as apart of this survey,unless otherwise noted. W 9.4'N FIE + MONUMENT + . 4' ,J' \ 80W 1.7' ` ��� �G FOUND S 1738'38* W �� ' Certifications on this survey signify that the survey was prepared in accordance with the current existing Code of Practice for Land O. /p �•„� ` 0.4'W ` 50,11 // Surveys adopted by the New York State Association of Professional Land Surveyors,Inc.The certification is limited to persons for �� �^ �i // N whom the survey is prepared,to the title company,to the governmental agency,and to the lending institution listed on this + �'A+ t+' / re Nps S 24'01'11' E 'l / �3`fs•0?„ Survey. �/� \s,(Q+� �•� ! '0 0 50.06 / / +570 . W \00 Said certifications indicated hereon are not transferable. 03 z /o ♦ f ! o. O- FE aVF. 0.z N �,`,�'S of �• �y 0�a ��s` / Q\� MICHELE �EROLD �� + S 1353" W t ti M UNE N�� $�0C /� V / y ' I eek W to y + ��" / S 49'39'03" W t + - �e?�. S 6 S 70-59'lCr , h 04/10/2019 PROPOSED DEER FENCE LOT 2.1 L 9.1N �` 7.59' I I TRANSFORMER ? 47 80 r(EI�r Ef✓ + REPUTED OWNER: 97•E ♦ + REPUTED OWNER: N 0741'28" W s �.•c�. TIDAL WETLANDS LINE �w12/20/2018 STAKES SET VVIA ,�to THOMAS S. COTTRELL + / DWPATED ? ♦ FE REPUTED OWNER: COUNTY OF __ 58.91' / ( ELECTRIC + A�c � DELINEATED S 17'54'6" W iqo� 08/21/2018 LOCATE TIDAL WETLANDS AND ADD WETLANDS SETBACK LINES IS //'± BUILDING S METERS 7 3.s'N . PAUL STOUTENBURGH SUFFOLK --- / + ;%6 BY G. JUST, JMO 49.0 G //^4j$ / t0.3w �0 o.2w ) .d N CONSUTLING ON MSR 0 3 2 24 Date Revision IRREVOCABLE TRUST 11 /� 7,Q pe0 �• N 056,097 E / + + y JULY 20, 2018 S 14'00' 1' W e 1 I Tax Map: 1000-97-09-10.4 12 & 1000-98-01-2.1, 27.1 FLOATING OOD WALK/ WATER N 42'8 Fi'hr� QF ^,,1 . ' 1 G •ti / SEE K DOCK TANK/ + + G 1 /. O LAND NOW OR / DETAIL DECK W� 3'3;x' W '4�+�d'. 7_r��ln� 0.2'N /� '1j 1r C7 FORMERLY OF / \ + 5 •� 0.43 �O 9.4 1 STOUTENBURGH / \ N 00'59'27' E Al 7 ,�a' LAND NOW OR FORMERLY OFzl__� PINNACLE 1 sF w �°5 F�� / 95.27' �, ��2. W N 78.41 ; 55 .�0�� SOUTHOLD BOARD OF TRUSTEES _ / c 1 28.2w X gS�Gpp` REPUTED OWNER: \ S 41.42'53" W e ss,�4� W LAND SURVEYORS L L P ROBERT DICKERSON 59.21' N 2308 W + (S 0700'47; WEED) 4155 VETERANS HIGHWAY, SUFE 1 1 63 1 .648.9273 19.48 N ; S 07'0047 E RONKONKOMA, NEW YORK 1 1 779 WWW.PLSLI.COM :o b I� � � 1�• ��4f• 54.78' 1 / /���• \ 1 1 0 , W o/�DIL HIDATED MARSH 02018 PINNACLE LAND SURVEYORS LLP r r` FE .���+QCI �O;p'pr+ + S 1 62.58 r E �• BOUNDARY O'2'W S I REPUTED OWNER: + S 19'00'31' W 6 � 1 PAUL STOUTENBURGH 11. ���' NSA, + . W 27.00' CERTIFIED TO: SURVEY 1 CF �• 1g� INDIAN NECK I, LLC SITUATE IRREVOCABLE TRUST sx so' FLOATING DOCK 3.5x13 4xao RaseD 4'x12' DECK 14x14 /Q�� !y 5 ��'' INDIAN NECK II, LLC 1 METAL WALKWAY RAMP °GCRAOE" �- INDIAN NECK III, LLC p RAMP INDIAN NECK IV, LLC ■ ECo N I C FIDELITY NATIONAL TITLE SERVICES, LLC TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK LITTLECREEK Date Unauthorized alteration or addition to this survey is a violation (NDOCK DETAIL OT TO SCALE) FEBRUARY 8, 2018 of Section 7209,sub-division 2,New.York State Education Law. Scale ( > PROPOSED 8 "DEER FENCE" µ SSM -_ 1° =100' Krtk Sheet No. 1of1 = Project No. Copies of this survey map not bearing-the land surveyor's VIEW: em 180016 bossed seal and signature shall not be considered to be a true and valid copy ^ il COUNTY OF SUFFOLK 1i it MAR OFFICE OF THE COUNTY EXECUTIVE Steven Bellone " J f SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Iment and Planning Commissioner Economic Develop g March 12, 2020 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Nappa, Anthony #7406 Indian Neck IV LLC #7409 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein, Principal Planner Division of Planning & Environment TRK/cd H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 FORM NO. 3 7�40�� NOTICE OF DISAPPROVAL DATE: March 5, 2019 RENEWED: November 13, 2019 RENEWED: January 13,2020 AMENDED: February 24,2020 TO: Bill Kelly (Indian Neck IV LLC) RECEIVED 22355 Cox Lane LLC Cutchogue,NY 11935 MAR 202® Please take notice that'your application dated February 19, 2019 Zoning Board Of Appeals For permit to legalize an as built an 8-foot deer fence at Location of property: 1985 Leslie Road, Peconic,NY County Tax Map No. 1000 - Section 98 Block 1 Lot 2.1 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII,Section 280-105C which states C. "In residential and nonresidential zones except properties parcels engaged in bona fide agricultural production the installation of a deer exclusion fence maybe permitted by obtaining a building permit issued by the•building inspector subject to the following criteria: The property is vacant and is not engaged in bona fide agricultural production. This Notice of Disapproval was amended on February 24, 2020, when it was brought to the building department's atte tion t er fence had been erected without the benefit of a building permit. ;Aori ed Signa e Note to Applicant: Any change or deviation,to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 5,2019 RENEWED: November 13,2019 RENEWED:January 13,2020 TO: Bill Kelly(Indian Neck IV LLC) 22355 Cox Lane LLC Cutchogue,NY 11935 Please take notice that your application dated February 19,2019 1-7For permit to construct an 8-foot deer fence at IM Location of property: 1985 Leslie Road,Peconic.NY County Tax Map No. 1000-Section 98 Block 1 Lot 2_1 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII Section 280-105C,which states, C. "In residential and nonresidential zones except properties parcels engaged in bona fide agricultural production the installation of a deer exclusion fence may be permitted by obtaining a building permit issued by the building inspector subject to the following criteria: The property is vacant and is not engaged in bona fide agricultural production. Au ignature Note to Applicant: Any change or deviation to the above referenced application,may require further review by the Southold Town Building Department. CC: file,Z.B.A. RECEIVED FORM NO. 3 �t7MAR � � 2020 NOTICE OF DISAPPROVAL Zoning Board ppq DATE: Marc Ppeals RENEWED: November 13, 2019 TO: Bill Kelly(Indian Neck IV LLC) 22355 Cox Lane LLC Cutchogue, NY 11935 Please take notice that your application dated February 19, 2019 For permit to construct an 8-foot deer fence at Location of property: 1985 Leslie Road, Peconic, NY County Tax Map No. 1000- Section 98 Block 1 Lot-2_1 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII Section 280-105C, which states C. "In residential and nonresidential zones except properties parcels engaged in bona fide agricultural production the installation of a deer exclusion fence mage permitted by obtainingLa building permit issued by the building inspector subject to the following criteria: The property is vacant and is not engaged in bona fide agricultural production. T 1 r �oriz S1 Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B(A. FORM NO. 3 NOTICE OF DISAPPROVAL ��` TO: Bill Kelly(Indian Neck I LLC) DATE: March 5, 2019 � — J 22355 Cox Lane LLC j-- Cutchogue, NY 11935 Please take notice that your application dated February 19, 2019 RFQF11�D For permit to construct an 8-foot deer fence at FNAR Location of property: 1985 Leslie Road, Peconic, NY Z0 171n9 f Board pr gppeaj` County Tax Map No. 1000 - Section 98 Block 1 Lot 2_1 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article XXII Section 280-105C which states C. "In residential and nonresidential zones except properties parcels engaged in bona fide agricultural production the installation of a deer exclusion fence may be permitted by obtaining a building permit issued by the building inspector subject to the following criteria: The prvacant and is not en a ed in bona fide agricultural production. Aut �-f ed Signa re Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. Twome 17 RECEIVED y a Latham SHEA, KELLEY, DUBIN & QUARTARARO, LLP "ND7 MAR 0 3 2020 + Zoning Board Of Appeals Thomas A.Twomey,Jr Martin D.Finnegan (1945-2014) Partner Stephen B Latham John F.Shea,III 631-727-2180,x-265 David M Dubin •.Christopher D.Kelley Infinile8an;iL?suflolklaw.com David Jay P.Quartararo t Peter M Mott February 13, 2020 Janice L Snead Anne Marie Goodale Bryan C.van Cott • By Hand Kathryn Dalli Laura I Dunathan RECEIVED Patrick B Fife Martin D.Finnegan o Ms. Leslie Kanes Weisman, Chairperson Reza Ebrahimi Zoning Board of Appeals FEB 14 2020 Jeffrey W Pagano ■ Karen A Hoeg Town of Southold Bernadette E.Tuthill - P.O. Box 1179 Zoning Board of q Craig H Handler ppeal9 Southold, NY 11971-0959 Bryan J.Drago Alexandra Halsey-Storch Melissa S.Doris Re: Area Variance Application of Indian Neck IV LLC Katerina Grinko Premises: 1985 Leslie Road, Cutchogue, NY Lorraine Paceleo Terrence Russell SCTM#1000-98-1-2.1 Daniel R Bernard to Christina M Noon A Chadwick Brledls Dear Chairperson Weisman and Members of the Board: OF COUNSEL With respect to the above-referenced Application, enclosed please find a Lisa Clare Kombrink Kevin M FOX check made payable to the Town of Southold in the amount of$500.00 representing Kelly E Kirnrons d i the required filing fee andoriginal an and eight(8) copies of the following Patricia J Russell q g fg \ 1� g Jennifer P Nigro . documents for your review: Craig Gibson .• NV&LA BARS 1) Notice of Disapproval dated January 13, 2020; t LL M IN TAXATION 2) Executed and notarized Area Variance Application, including an attachment ♦ NV&NJ BARS O NY,NJ&PA BARS of explanation; ■ NY,NJ&DO BARS NY,NJ&FLBARS 3) Applicant's Project Description and Questionnaire Form; Main Office 4) Executed Agricultural Data Statement; 33 West second St. 5) Executed Short Environmental Assessment Form; P.O.Box 9398 Riverhead, NY 11901 6) Local Waterfront Revitalization Program(LWRP) Consistency Assessment 631.727.2180 Form; suffolklaw.com 7) Executed Owner's Authorization; 8) Applicant Transactional Disclosure Form signed by Martin D. Finnegan, as Agent for the property owner; 9) Applicant Transactional Disclosure Form signed by the property owner; Ms. Leslie Kanes Weisman''- LUA February 13, 2020 �'FrBg��pPage 2 of 2 �7 1R 010) Color photographs of the subject premises; 3202011) Copy of the Town's property record card; oard Of 12) Current surveys of the subject premises. APPeals Kindly advise if you require any further documentation in order to place this matter on your next available Agenda for a public hearing. Thank you for your consideration. 2Very truly y r , i innegan MDF/as Enclosures cc: Ernest Scalamandre RECEIVED Fee:$ Filed By. Assignment No. 740 2020 APPLICATION TO THE SOUTHOLD TOWN BOARD OF Af PEALS WE VARIANCE Zoning Board Of Appeals House No. 1985 Street Leslie Road Hamlet Peconic SCTM 1000 Section 98 Block I Lot(s) 2.1 Lot Size 10.77 Zone AC I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 11/13/2019 BASED ON SURVEY/SITE PLAN DATED 02/08/2018 Applicant(s)/Owner(s): Indian Neck IV LLC Mailing Address: 1350 Avenue of the Americas, Ste 2300,New York,NY 10019 Telephone: 917-892-6084 Fax: Email: ernest@acimfunds.com NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Martin D. Finnegan,Esq. for(x)Owner( )Other: Address: 33 West Second Street,Riverhead,NY 11901 Telephone: 631-727-2180 Fax: 631-727-1767 Email: mfinnegan@suffolklaw.com Please check to specify who you wish correspondence to be mailed to,from the above names: ( )Applicant/Owner(s), (x)Authorized Representative, ( )Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 02/08/2018 and DENIED AN APPLICATION DATED 02/19/2019 FOR: (x)Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy ( ) Change of Use ( )Permit for As-Built Construction ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: XXII Section: 280 Subsection: 105C Type of Appeal. An Appeal is made for: (x)A Variance to the Zoning Code or Zoning Map. ( )A Variance due to lack of access required by New York Town Law-Section 280-A. ( )Interpretation of the Town Code,Article Section ( )Reversal or Other A prior appeal( ) has, Q4 has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) 1 REASONS FOR USE VARIANCE: An applicant for a use variance MUST demonstrate unnecessary hardship by satisfying ALL of the following four tests: (Please consult your Attorney before completing,attach additional sheets as needed,and submit related documentation as required) 1. The applicant cannot realize a reasonable return, for each and every permitted use under the zoning regulations for the particular zone district where the property is located, as demonstrated by substantial and competent financial evidence because: See attached. RECEIVED )4[b 7 LIAR ® 3 2020 Zoning Board Of,appeals 2. The alleged hardship relating to the property is unique and does not apply to the majority of parcels in the same zoning district or neighborhood because: See attached. 3. The requested use variance, if granted, will not alter the essential character of the neighborhood because: See attached. 4. The alleged hardship has not been self-created because: See attached. In addition to the above standards,the Board of Appeals must also find that: 5. The requested relief is the minimum relief necessary to avoid unnecessary hardship,while at the same time preserving and protecting the character of neighborhood and the health, safety and welfare of the community because: See attached. 6. The spirit of the ordinance will be observed,public safety and welfare will be secured, and substantial justice will be done because: See attached. RECEIVED 1/-f2)7 MAR 0 3 2020 Zoning Board Of Appeals Signature oVArplic or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this Day of January 2-'0 2020 (Notary Public) ZBA Appl 6/2012 ANDREA S KENT Notary Public—State of New York NO.01KE6367230 OuaEifed in New York County My Commission Expires Nov 13.2021 RECEIVED MAR 0 3 2020 ATTACHMENT TO AREA VARIANCE APPLICATIONS O oning Board Of Appeals INDIAN NECK II, LLC, INDIAN NECK III, LLC AND INDIAN NECK IV, LLC REASONS FOR APPEAL: The Applicants are related entities that are record owners of the subject parcels which collectively consist of 45 acres of farm land lying between Skunk Lane and Leslie's Road in Cutchogue. The three subject parcels are bordered to the north by a 78 acre farm parcel (SCTM# 1000-98-1-27.1) that is owned by another related entity Indian Neck I, LLC. That parcel was deemed by the Building Department to be in bona fide agricultural production and received a building permit for a deer fence. All four parcels are operated collectively as "Indian Neck Farm". Prior to the Applicant's purchase of Indian Neck Farm in 2018, the subject parcels were not actively farmed by their prior owner. They were, however, inundated with deer which renders any effort to farm futile. Over the past year, the Applicants have been preparing the fields for the planting of crops and raising of cattle. To protect their investment, deer fencing was installed along ' the perimeter of the parcels as depicted on the surveys submitted. Cover crops have already been planted on some of the fields. It is the Applicant's intention to plant row crops on Lot 12 and a portion of Lot 10.4. Lot 2.1 will be home to livestock. The Applicants are seeking this relief to allow the as-built deer fencing around Lots 2.1, 10.4 and 12 to remain so that Indian Neck Farm can actually be operated as a farm and the significant investment the owners are making can be protected. The Applicants are seeking variances from the prohibition on deer fencing on land that is not in bona fide agricultural production and the Building Inspector's Notice of Disapproval for a building permit to construct the fencing. For the following reasons, the Applicants submit that a Variance from Section 280-105(C) is warranted: 1. An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: Photographs provided in support of these applications confirm that the vast majority of the deer fencing along the perimeter of the subject properties is screened by existing vegetation. Although there is a stretch of fencing on portions of Lots 10.4 and 12 that lies along the rear property lines of homes on Leslie's Road and Skink Lane, the fencing actually serves to prevent deer migrating across the farm field and entering those properties. The deer fencing will have little if any impact on the neighboring landowners view shed and is essential for successful farming in our Town. 2. The benefit sought by the Applicant CANNOT be achieved by some feasible method for the applicant to pursue other than an area variance, because: Deer infestation is a recognized problem in our Town. There is no way to sustain agricultural production without deer fencing. If the fence is not allowed to remain, the crops will be decimated and the land will be fallow. RE!isj - MAR 3. The amount of requested relief is not substantial because: Zoning.BoaOf The Applicant submits that substantiality is irrelevant since dimensional relief not sought here, however, even if it applies, the relief sought is not substantial in light of the size of the parcels. 4. The variance will NOT have an adverse impact on the physical or environmental conditions in the neighborhood or district because: The Applicants submit that the installation of deer fencing will improve the environmental conditions by forcing deer away from the subject parcels and homes in the adjacent neighborhood. There is no perceivable environmental impact from the proposed deer fence and variance relief will allow a growing agricultural application to thrive. - RECEIVED MAR 0 9 2020 LIMITED LIABILITY COMPANY AGREEMENT Zorlind 3oard O :", .i;t ais OF INDIAN NECK IV, LLC This Limited Liability Company Agreement (the "Agreement") of Indian Neck IV, LLC (the "Company") is entered into by Indian Neck Holdings, LLC as the sole initial member (the "Member"). The Member hereby forms a limited liability company pursuant to and in accordance with the Delaware Limited Liability Company Act, as amended from time to time (the "Act"), and hereby sets forth the rights, duties and obligations with respect to the Company as follows: 1. Name. The name of the limited liability company formed hereby is Indian Neck IV, LLC. 2. Purpose. The Company is formed for the object and purpose of, and the nature of the business to be conducted and promoted by the Company is, engaging in any lawful act or activity for which limited liability companies may be formed under the Act and engaging in any and all activities necessary or incidental to the foregoing. 3. Registered Office. The address of the registered office of the Company in the State of Delaware is 108 West 13th Street,Wilmington, DE 19801. 4. Registered Agent. The name and address of the registered agent for service of process on the Company in the State of Delaware is c/o Business Filings Incorporated, 108 West 13th Street, Wilmington, DE 19801. 5. Member. The name and business address of the sole initial member of the Company is Indian Neck Holdings, LLC at 1350 Avenue of the Americas, Suite 2300, New York,NY 10019. 6. Powers. The business and affairs of the Company shall be managed by the Member. The Member shall have the power to do any and all acts necessary or convenient to or in furtherance of the purposes described herein, including all powers, statutory or otherwise, granted by the Act to managers. 7. Capital Contribution. The Member is contributing, simultaneously with the execution of this Agreement, an initial capital contribution to the Company. The Member will enter into the books and records of the Company a record of Capital Contributions. In addition, Member ownership and issuance of a Membership interest will be set forth on Exhibit A attached hereto and made a part hereof. 8. Allocation of Profits and Losses. The profits and losses of the Company shall be allocated 100% to the Member. Indian Neck IV,LLC Limited Liability Company Operating Agreement Page I of 4 9. Distributions. Distributions shall be made at such times and in such amounts as the Member shall determine. 10. Additional Contributions. The Member is not required to make any additional capital contributions to the Company. 11. Dissolution. Except as hereinafter provided, the Company shall have perpetual existence. The Company shall dissolve, and its affairs shall be wound up, upon the first to occur of the following; (a) the written election of the Member to dissolve the Company, (b) the expulsion or bankruptcy of the Member, the resignation of the Member in accordance with Section 13 hereof or the occurrence of any other event which terminates the continued membership of the Member, unless within ninety(90) days after the occurrence of such an event, a personal representative of the Member agrees in writing to continue the Company and to admission of such personal representative or nominee or designee to the Company as a member, effective as of the occurrence of the event that terminated the membership of the Member, or (c) the entry of a decree of judicial dissolution under Section 18-802 of the Act. 12. Assi nom. The Member may assign in whole or in part its interest in the Company. 13. Resi nom. The Member may resign from the Company at any time. 14. Liability of Member. The Member shall not have any liability for the obligations or liabilities of the Company except to the extent provided in the Act. The Member shall not be obligated personally for any debt, obligation or liability of the Company solely by reason of being a member of the Company. 15. Governing Law. This Agreement shall be governed by, and construed and enforced under, the Act and the other laws of the State of Delaware. 16. Effective Time. This Agreement shall be effective upon the filing of articles of organization with the Delaware Secretary of State. IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, has duly executed this Limited Liability Company Agreement as of March 6, 2018. [Remainder of page left blank] Indian Neck IV,LLC Limited Liability Company Operating Agreement Page 2 of 4 t INDIAN NECK IV,LLC By: Indian Neck Holdings, LLC its Managing Member By: Aurelian Farms, LLC its Managing Member By: AGR Master, LP its Managing Member By: Aurelian Capital GP, LLC its Ge/neral Partner By: z.- Ernest Scalamandre its Managing Member Indian Neck IV,LLC Limited Liability Company Operating Agreement Page 3 of 4 9 ��V 9 EXHIBIT A Member Percentage Interest Indian Neck Holdings, LLC 100% Indian Neck IV,LLC Limited Liability Company Operating Agreement Page 4 of 4 r HARTFORD LIFE AND ACCIDENT TOWN OF SOUTHOLD STATE OF NEW YORK WORKERS' COMPENSATION BOARD NOTICE OF COMPLIANCE I New York State Disability Benefits Disability Benefits For Employees 1. If you are unable to work because of an illness or injury, not work-related, you may be entitled to receive weekly benefits i from your employer, his or her insurance carrier, or from the Special Fund for Disability Benefits, 2. To claim benefits you must file a claim form within 30 days from the first date of your disability, but in no event more than . 26 weeks from such date. 3. Complete claim form DB-450 (Notice and Proof of Claim for Disability Benefits) You may obtain the formfrom your employer, his or her insurance carrier, your health provider, any Unemployment Insurance Office, the Workers' Compensation Board's website (www.wcb.ny.gov) or any office of the Board. IMPORTANT: Before filing your claim, your health provider must complete the "Health Care Provider's Statement" on the form showing your period of disability. • If you are employed, or have been unemployed for four weeks or less when your disability begins, send the completed form to your employer or the insurance carrier named below. • If you have been unemployed more than four weeks when your disability begins, send the completed form to the Workers' Compensation Board, Disability Benefits Bureau, 328 State Street, Schenectady, New York 12305. 4. You are entitled to be treated by any physician, chiropractor, dentist, nurse-midwife, podiatrist or psychologist of your choice. However, unlike workers' compensation, your medical bills will not be paid unless your employer and/or union provide for the payment of such bills under a Disability Benefits Plan or Agreement. 5. If you are ill or inured during the time you are receiving Unemployment Insurance Benefits, file a claim for Disability Benefits as soon as you sustain the injury or illness, by following the instructions outlined above. 6. If you are out of work in excess of seven days, your employer is required to send you a Disability Benefits Statement of Rights (Form DB-271 S). 7. You may not take disability benefits at the same time as paid family leave benefits. The total amount of disability and paid family leave in a 52 week period cannot exceed 26 weeks. 8. Other information about disability benefits may be obtained by writing or calling the Workers' Compensation Board. HARTFORD LIFE AND ACCIDENT PO BOX 2999,Hartford,CT 06104-2999 Phone: 800-454-7020 Policy#: LNY 643531 001 Effective From. 04/01/20 To: 03/31/21 121 Statutory ❑ Under a Plan or Agreement Class(es)of Employees Covered: All employees eligible under New York State Disability Benefits Law NYS Workers'Compensation Board Customer Service:(877)632-4996 www,wob.ny.gov PRESCRIBED BY THE CHAIR,WORKERS'COMPENSATION BOARD THIS NOTICE MUST BE POSTED CONSPICUOUSLY IN AND ABOUT THE EMPLOYER'S PLACE OR PLACES OF BUSINESS. Employers must post DS-120 so that all classes of thelr employees know who will pay their benefits. DB-120 (11-17) THE WORKERS'COMPENSATION BOARD EMPLOYS AND SERVES PEOPLE WITH DISABILITIES WITHOUT DISCRIMINATION ;: Intro. Res. No. 1445-2020 Laid on Table 5/19/2020 Introduced by Presiding Officer, on request of the County Executive RESOLUTION NO. 500 -2020, AUTHORIZING THE INCLUS10h RECEIVED OF NEW PARCEL(S) INTO AN EXISTING CERTIFIE AGRICULTURAL,DISTRICT(S) IN THE COUNTY OF SUFFOLP AUG 6 2020 - 2020 - INDIAN NECK HOLDINGS LLC (SCTM NOS. 10001 1 097.00-09.00-010.004, 1000-097:00-09.00-012.000, 1000-098.001 Zoning Board of Appeals 01.00-002.001, 1000-098.00-01.00-027.001) WHEREAS, Article 25-AA of the New York State Agriculture and Markets Law provides for a locally-initiated mechanism for the protection and enhancement of New York State's agricultural land as a viable segment of the local,and state economies and as an economic and environmental resource of major importance; and WHEREAS, Article 25-AA of the New York State Agriculture and Markets Law established and articulates the Agricultural Districts Program, wherein viable agricultural land included within a certified Agricultural District receives certain benefits and protections in order to perpetuate farming; and WHEREAS, Article 25-AA of the New York State Agriculture and Markets Law was amended in 2003 to include Section 303-B which allows county legislative bodies the ,opportunity to designate an annual thirty-day period within which a land owner may submit a request for inclusion of land which is predominantly viable ag'riculturai'land within an existing certified Agricultural District; and WHEREAS, Suffolk County does contain Agricultural Districts;-and' ' WHEREAS, Resolution No. 688-2013 designated March as the thirty-day period starting in 2014 within which a land owner may submit a request for inclusion of land that is predominantly viable agricultural land within a certified Agricultural District; and WHEREAS, twenty-two (22) applications totaling 57 parcels of land were received from land owners during the 2020 annual enrollment period; and WHEREAS, Indian Neck Holdings LLC, the applicant, submitted four (4) parcel(s)for inclusion into an existing certified Agricultural District, as listed in Exhibit'A"; and WHEREAS, the Suffolk County Agricultural and Farmland Protection Board, at its meeting held on April'29, 2020, found that the parcel(s) identified in Exhibit "A" consist of predominately viable agricultural land and that inclusion of such land would serve the public interest by assisting in maintaining a viable agricultural industry within the existing certified Agricultural District No. 1; now, therefore be it 1st RESOLVED, that this Legislature`hereby finds that it is in the best interest of the people of the County of Suffolk to include the parcel(s) identified by Exhibit "A" into the existing certified Agricultural District No. 1, as recommended by the Suffolk County Agricultural and Farmland Protection Board; and be it further 2"d---- RES-OL FED, that-the-inclusion-o"he-par-cel(s)-identified--in----Exhibi�"A"in existing certified Agricultural District No. 1 is hereby approved, adopted, and referred to the 1 w r s Commissioner of the New York State Department of Agriculture and Markets for review and certification 'as required by Section 303(B)(4) of Article 2-5-AA of the New Ybrk ;State Agriculture and Markets Law; and be-it further 30 RESOLVED, that the Clerk of the,Suffolk County Legislature is hereby--directed to submit this: resolution in, the list of parcels) in Exhibit "A°; :the report of'the Suffolk County Agricultural and Farmland.ProtectionT Board,the tax,map identification-numbers,anti tax G maps for each parcel of land.to' bo included in an Agricultural,DistYict to the Ccrnm'rssio00Z of the-New York State Departmerit of Agriculture a ld'Ma,fkats;and,be,it-fui'ther Ot RESOLVED, that Suffolk-Countyf,.as SEORA Lead Agency, hereby classifies-the, proposal as an Unlisted Accton under the;provisions of Title. "N YC911-hart,'017 and`'Qb pter 450 of,'the Suffolk County Code;,and•Fae it,further' 51h KESQLVE0, that:Suffolk'County, as- S.EORA Lead Age'ney; hereby, _finds and, " determines that the proposal, pursuant"to Title 6 NYCRR Part-617 and Chapter A60rdf,the• Suffolk County Code, will not have significant,adverse impacts on-the environment far the following reasons; 1. 'the-proposed action will not exceed any of the criteria In Section 017,1' of Title .G NYCRR which sats forth, thresholds- for .determining significant effect" on the envirgnment,, as demonstrated in the- Environmental-Assessment t=orn, f 2, the prgppsal does' not appear to signifoan9y thre�ton,any unigi-w or' higFily'valuab(e environinaiital".,oi`.�.iltural'rbsoclr-cep as,id"ehtified'_►irt oi• _ regul"acted by'the'Lnvirorrmenial;Ccrnacrtiation Lw"•of�the ' ta£e,of•f�ew York 6r.ttia SUffolk,Couhty Gf�arter e-td'do'de; 3. the�.adbject property does not appear to suffer ,from arty;- -severe. Envir6hfncintal`devel©pmertt.constratnfs((imitiiig,sail'prop ifiEs; 6 hi§h groundwater table, anti�or unmartageable:slopes);'and be it,fbrther 6th RES.41LVE13, that Suffolk eourity hereby,, adopts, a dete-imInatioa Qf non; significance-(negative declaratlo'rj) and the Council'of Errv0=0014Quality it h'oredirge e41 to circulate and file_all necessary notices•in_accordance with thi§-resolution: DATED: June 23, 2020 APPROVED BY: County Executive of Suffolk County Date: JUN 3 0 2920 2 Exhibit "A" Parcel(s) Approved for Inclusion in Existing Certified Agricultural District(s) Agricultural District Tax Map Number Name Acres NuMber , 1000-097,00-09.00-010.004 Indian Neck Holdings LLC 10.1 1 1000-097,00-09.00-012.000 Indian Neck Holdings LLC 34.3 1 1000-098.00-01.00-002.001 Indian Neck Holdings LLC '10.8 1 1000-098.00-01.00-027.001 Indian Neck Holdings LLC 77.1 1 TOTAL ACRES 932.3 i 3 SUFFOLk COUNTY This is to Certdfy That I, Amy EIRs, Clerk of the County Legislature County Legislature of the County of Suffolk, have compared the foregoing RIVERHEAD,NY copy of resolution with the original resolution now on file in this office, and which was duly adopted by the County Legislature of said County on ASA y LE61 JUN 2 3 2020 and that the same is a true and correct transcript of said resolution and of the whole thereof. y® In "Witmss 'Whereof, I have hereunto set my hand and the- official seal of the County Legislature of the County of Suffolk. 1 Aar ler of the L Islature D!.R. P.M, / B.A. !C.B.A.: Res. No. SO 0 Date:6/23/20 Motion: Cosponsors: Krupski,Fleming,Sunderman,Muratore,Hahn,Anker Krupski,Fleming,Sunderman,Muratore,Hahn,Anker Calarco,Piccmllo,Gonzalez,Cilmi,Flotteron,Kennedy Calarco;Piccidllo,Gonzalez,Cilmi,Flotteron,.Kennedy i Trotta,McCaffrey, chber ,Berland,Donnelly,Spencer Trotta,-McCaffrey,Richberg,Berland,Donnelly,Spencer k Second: , ups ,Fleming,Sunderman,Muratore,Hahn,Anker Calarco,Pkccirilla,Gonzalez,Cilmi,Flotteron,Kennedy Trotta,McCaffrey,Richberg,Bellano,Donnelly,Spencer l _ w.0 P> ^> '..zie+. •.�:. ° ;2 it f, ° 3. '.� E+}f;;,yy„ qe'"^ ••i iNf s`r'.'s, �`n, i.�3' j"P3 .ivx F�r, �' : �i"'ow� '9' ,y- ��±-4 f7 '.. 3,. t't 1 Albert J: KRUPSKI –__,Take Out'of Order 2 Bridget FLEMING Approve 3 Rudolph A. SUNDERMAN Table;. 4 Thomas MURATORE Table Subject To Call 6 Sarah S.ANKER Extend,Ptibllc Portion 8 Anthony P1C.CtRJLLQ C1 ose,PubI[q_P`orfton `a Samuel G'ONZALEZ Reconsider' 'CO Thomas CIL-MI Closse°Pubfio,Hearing 11 Steven J. FLO'T-_TERON Recess Public-Nearing_ 12 Leslie KENNEDY ,S,end f'o GOrn"ittee 1.3, Robert TROTTA Waive Rule 14 Kevin J. MCCAFF9E ' Recommit 1'5 Jason A. RICHBERG Override Veto 16 Susan-A. BERLAND Lay On The Table 17 Tom DONNELLY Withdrawn/ 18 William R. SPENCER APPROVED V FAILED — 5 Kara HAHN', D.P:O. No Motion_ No Second_ 7 Rob CALARCO, P.O. Ta Totals ADOPTED 71 57 NOT ADOPTED - y EI is, C or the Legislature Roll Call Voice Voter APPLICANT'S PROJECT DESCRIF iivN APPLICANT• Indian Neck IV LLC DATE PREPARED: 01/07/2020 1.For Demolition of Existing Building Areas F--�j;2E)D Please describe areas being removed: 'N/A 0 ma LZon;in2R?4!,d I1.NewConstruction Areas (New Dwelling or New Additions/Extensions): N/A Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground)measured from natural existing grade to first floor: III.Proposed Construction Description (Alterations or Structural Changes) N/A (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: N/A-vacant agricultural land Proposed increase of building coverage: Square footage of your lot: 0 Percentage of coverage of your lot by building area: N/A V.Purpose of New Construction: _Constructing 8-foot deer fence for protection of current and proposed agricultural operations. VI. Please describe the land contours (flat,slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Flat--unrelated. Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction,and photos of building area to be altered with yard view. 4/2012 r RECEIVED QUESTIONNAIRE ` 'DL7 FOR FILING WITH YOUR ZBA APPLICATION 0 3 2020 A. Is the subject premises listed on the real estate market for sale? ard Of Appeals Yes X No B. Are there any proposals to change or alter land contours? X No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? No 2.)Are those areas shown on the survey submitted with this application? N/A 3.)Is the property bulk headed between the wetlands area and the upland building area? No 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? N/A Please confirm status of your inquiry or application with the Trustees: N/A and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No E. Are there any patios,concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are submitting? None Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? No If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: N/A G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? Yes If yes,please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Vacant agricultural land/ horse farm and the proposed use agricultural operations (ex existing single family,proposed same with garage,p of or other) Z VA Zo Authorized signature and Date a 617.20 RECEl t/ED Appendix B ��� Short Environmental Assessment Form MAoj R ®� 2020 Instructions for Completing Zonrn 9 Board OP,�PPea Part 1 -Project Information. The applicant or project sponsor is responsible for the completion of Part become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1 -Project and Sponsor Information Name of Action or Project: Indian Neck Farm Deer Fencing Project Location(describe,and attach a location map): 1985 Leslie Road,Peconic Brief Description of Proposed Action: Construction of 8-foot deer fence to protect current and proposed agricultural operations. Name of Applicant or Sponsor: Telephone: 917-892-6084 Indian Neck IV LLC E-Mail: ernest@acimfunds.com Address: 1350 Avenue of the Americas,Ste 2300 City/PO: State: Zip Code: New York NY 10019 1.Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that x may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other governmental Agency? NO YES If Yes,list agency(s)name and permit or approval: X 3.a.Total acreage of the site of the proposed action? 10.77 acres b.Total acreage to be physically disturbed? 0 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? 133.48 acres 4. Check all land uses that occur on,adjoining and near the proposed action. ❑Urban Ix Rural(non-agriculture) ❑Industrial ❑ Commercial ❑Residential(suburban) ❑Forest E Agriculture ❑ Aquatic ❑ Other(specify): ❑Parkland Page 1 of 4 r i 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? MARS 3 Z620 x b. Consistent with the adopted comprehensive plan? x 6. Is the proposed action consistent with the predominant char c2r_-Wic"6541N tural NO YES landscape. x 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes,identify: X 8. a.Will the proposed action result in a substantial increase in traffic above present levels? NO YES X b.Are public transportation service(s)available at or near the site of the proposed action? x c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? x 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: X 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: x 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: x 12. a.Does the site contain a structure that is listed on either the State or National Register of Historic NO YES Places? X b.Is the proposed action located in an archeological sensitive area? X 13.a.Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? x b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? X If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: _T 14. Identify the typical habitat types that occur on,or are likely to be found on the project site. Check all that apply: ❑ Shoreline ❑ Forest ❑Agricultural/grasslands ❑ Early mid-successional ❑ Wetland ❑ Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats,listed NO YES by the State or Federal government as threatened or endangered? x 16.Is the project site located in the 100 year flood plain? NO YES X 17.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ❑ NO ❑ YES x b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑ NO ❑ YES Page 2 of 4 18.Does the proposed action include construction or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: x 19.Has the site of the proposed action or an adjoining property been the loc� NO YES solid waste management facility? RECEIVED If Yes,describe: X 20.Has the site of the proposed action or an adjoining property been the sub onomg�gar o8f�;n eaPs NO YES completed)for hazardous waste? If Yes,describe: x I AFFIRM THAT THE INFORMATION P VIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Indian Neck IV Date: 01/Z$2020 Signature: Ernest Scalamandre,Sole Member Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" No,or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental characteristics that caused the establishment of a Critical Environmental Area(CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or affect existing infrastructure for mass transit,biking or walkway? 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? 7. Will the proposed action impact existing: a.public/private water supplies? b.public/private wastewater treatment utilities? 8. Will the proposed action impair the character or quality of important historic,archaeological, architectural or aesthetic resources? 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality,flora and fauna)? Page 3 of 4 RECEIVED-No,or Moderate MAR � � 2020 small to large impact impact may may Zoning Board Of Appeals occur occur 10. Will the proposed action result in an increase in the potentiai tor erosion,flooding or drainage problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should,in sufficient detail,identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term,long-term and cumulative impacts. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 nOfAppeals LZoning AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: Indian Neck IV LLC 2. Address of Applicant: 1350 Avenue of the Americas,Suite 2300,New York,NY 10019 3. Name of Land Owner(if other than Applicant): Ernest Scalamandre,Sole Member 4. Address of Land Owner: 5. Description of Proposed Project: Construction of an 8-foot deer fence. 6. Location of Property: (road and Tax map number) 1985 Leslie Road,Peconic,NY--SCTM#1000-98-1-2.1 7. Is the parcel within 500 feet of a farm operation? { } Yes {x}No 8. Is this parcel actively farmed? { } Yes {x} No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 1. �I�rxs�See aac h ed L i s�. 2. 3. 4. 5. 6. (Please use the ba of this page if there are additional property owners) i X 01 � � 2020 Signature of Applica Date Note. 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. Indian Neck IV Deer Fence Variance Application—Agricultural Data S atement M 1000-85.-3-11.2; 39390 Route 25,Peconic Raphael Vineyards Inc. Attn: J. Petrocelli 39390 Route 25 Po Box 17 Peconic, NY 11958 1000-85.-3-10.4; 39160 Route 25,Peconic Eightofus Fam Ltd Partnership 39390 Route 25 Po Box 17 t Peconic,NY 11958 1000-85.-3-12.2; 38920 Route 25,Peconic North Haven Trust Attn: Anthony Sages 945 Fifth Ave Apt 17D New York,NY 10021 RECEIVED Town of Southold 74v� LWRP CONSISTENCY ASSESSMENT FORM MAR 0 3 2020 Zoning Board Of A. INSTRUCTIONS appeals 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 98 - 1 - 2.1 The Application has been submitted to(check appropriate response): Town Board E Planning Dept. 0 x Zoning Board of Building Dept. 0 Board of Trustees 0 Appeals 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity,agency regulation,land transaction) (b) Financial assistance(e.g. grant,loan,subsidy) (c) Permit,approval,license,certification: Nature and extent of action: Construction of 8-foot deer fence to protect current and proposed agricultural operations. RECEIVED Location of action: 1985 Leslie Road,Peconic D MAR ®2 2 0 Site acreage: 10.77 Zoning Board Of q Present land use: Agricultural ppeals Present zoning classification: AC 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Indian Neck IV LLC (b) Mailing address: 1350 Avenue of Americas,Suite 2300,New York,NY 10019 (c) Telephone number: Area Code ( ) 917-892-6084 (d) Application number, if any: Will the action be directly undertaken,require funding, or approval by a state or federal agency? Yes ❑ No x❑ If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ❑Yes ❑ Nox❑ Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes 11 No 0 Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes No ® Not Applicable ��EiVED 'We ZUZU Z APPeals Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria 0 Yes 1�1 No © Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No ®Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes [] No© Not Applicable RECEIVED F A fl A Q1 1AM Attach additional sheets if necessary Zoning Board Of Appeals Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No © Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III—Policies; Pages 38 through 46 for evaluation criteria. ❑ YeEl No© Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No © Not Applicable i, Attach additional sheets if necessary _ �rd Of Appeals Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. ❑ Yes ❑ No® Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ® Not Applicable Created on 512510511:20 AM RECEIVED 17409 LIAR 0 3 2020 Board of Zoning Appeals Application Zoning Board Of Appeals AUTHORIZATION (Where the Applicant is not the Owner) Ernest Scalamandre, Sole Member I, of Indian Neck IV LLC with an address at 1350 Avenue of the Americas, (Print property owner's name) (Mailing Address) Ste 2300,New York,NY 10019 do hereby authorize Martin D. Finnegan (Agent) to apply for variance(s) on my behalf from the Southold ZjILLC oard of Appeals. Indian Nec (Owner's Signature) Ernest Scalamandre, Sole Member (Print Owner's Name) RECEIVED MAR M:ARO 2020 AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM Zoning 9 Board OFAppeals The Town of Southold's Code of Ethics prohibits conflicts of interest on the art of town officers and em to ees. e e of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME •• Martin D.Finnegan (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance x Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO x If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A)through D) and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this�1� day of January ,20 20 Signature Print Name Martin D. Finnegan ( '1 RECEIVED MAR0? 0 3 2920 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM Zoning Board Of Appeals The Town of Southold's Code of Ethics Prohibits conflicts of interest on the Dart of town officers and employees The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : Indian Neck IV LLC (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance x Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO x If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) C)an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this7.$ d of January 20 20 Signature Print Name Ernest Scalamandre,Sole Member of Indian Neck IV LLC view of detK �u_ D ,from �csl�e s Q N 0 2 ��� A � O H T -p O CD x �'r t_• f -- � , „�,,� s ft's(• j�/ � 1 #1 Al P mg g�,. . . _ a� 'wR�• ]=R''9�"' � �'� � '�-.,L.y� ys yq �� 1:9�y I �.y J999iiiaaa � )f,,y�@ sY kr• �f �7+�:RV4 Z�� ; (Js,.wY.J '# eb ; �(y,�. tJ \;9Yt. •• , 1;� y�qs� ��I�.rMir'• ,w. „?«� %C v' ! .� ^fit, ,+fi � 1 ,�. �, i J � L,w`�'✓ . �,._ ...,v.aa�+�,�F �"+ES1 � sr ,��. •, 9 �`ID��fa�,.��:wv fit,•. �� q ,�p "`"' �{h�#a '� 1 '`�l�F;s �� � .asr=' .� �t,r0:,�+ i�yp•1PgGy'`; �'�{�i(b i�w ;"a '7' `g�',� d +�'G.'�I > �,✓sll�C F'�g 6°�r��tas�. td;:���k�,s i. YG�t� ���� ��'�-`off' r krp3tc 'r�.� � �.,��� "' �. 6y �• _.� �' � �, 'tJr' � `� " `a - gra ti.� �� 1�$`��/�,�. � ta,.d''�t,away' r �"v '���, moi', ••r:� �� ,�� ��"+�'�i y�s ;: e� � :ICA"',{ ,,'` 7� - ` Ti tar<k\;i r` *� �.e-�t\1.�1i'• i'a •',,9 ? if ,i"A, :►' 4 vXA �a '4 ��S•.: f �,�•3.-f� +„a,Tg.v��, � _ ,i s` -`�L :.moi'' '�'1 a"�..i ' RR �i .. � �a `&.i .•'� ., .� _. ir•�-� ,r�vi s CS t ,q�`Ml- '�_ �_.a . { il,v ! ��' 'sv.- 4��/tr�}`�.'{•����� "�` " � � fps 1�i�' �{�-��, 4 I s._ ----. - - --.. - - • -_•_ -•-- __..___-_ --'-....r-_..' _ ., �- _ z�-�—,ter-,___._._--- :�-.— _ _- .:--tr�-�--.- - � . �..- ..,— - - - -- _ TOWN OF S�OUTHOLD PROPERTY RECORD CARD OWN STREET �" VILLAGE �a u�14-a t� DIST. SUB. LOT !.S' FORMER OWNER_ d, o N Ec�:r.i 7` ��1' ACR. ' E �Zs W TYPE OF BUILDING R�Mario 7✓t4 1-16rjvE SuR. i SEAS, VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS r X3.91 G"/i r�l G� �� l7 �j Aa Gl #7t) t .E�C 4 p + ; std,.* LLC js� I, "n,twit 1q i ,(A _qVi o i CL ® n-, i 'i . Tillable / p , +�y �� � FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH 1 House Plot BULKHEAD Total I A TOWN OF SOUT14OLD PROPERTY RECORD CARD _ OWNER STREET VILLAGE DIST. SUB. LOT t , I FORMER OWNER N E ACR. 1-475t TYPE OF BUILDING $ W ry-r =F�� 7/�Y�� 7- r' ;r,•ti ¢} , v L L f3,q o r 1 � S v P L.__. SEAS. VL. C�p FARM COMM. CB. MICS. Mkt. Value i ' LAND IMP. TOTAL DATE REMARKS .S' ,L,? 74 /O 69 rqs 'r 41!LG Z- 9, 7 ro f7 Q Q O ty_ (u ij cr-, co C C. N Tillable �,� Sp a d FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total o�®SUFFO(�c ELIZABETH A.NEVILLE,MMC Town oG,j, Town Hall, 53095 Main Road TOWN CLERK o= P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS 5 • Fax(631)765-6145 MARRIAGE OFFICER y RECORDS MANAGEMENT OFFICER Telephone(631)765-1800 FREEDOM OF INFORMATION OFFICER www.southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A.Neville DATED: March 3, 2020 RE: Zoning Appeal No. 7409 Transmitted herewith is Zoning Appeals No. 7409 Twomey, Latham, Shea,Kelley, Dubin & Quartararo,LLP for Indian Neck IV LLC: otice(s) of Disapproval The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Correspondence- O I..t -*-LC 4-0 ZZA gLr�l>, IKNg Certificate(s) of Occupancy Building Permit(s) Misc. Building Dept. forms (Certificate of Compliance, Housing Code Inspection, etc.) Misc. Paperwork- Copy of Deed(s) Findings, Deliberations and Determination Meeting(s) ,/Agricultural Data Statement Short Environmental Assessment Form Board of Zoning Appeals Application Authorization Action of the Board of Appeals ✓Applicant/Owner Transactional Disclosure Form(s) ,/ Agent/Representative Transactional Disclosure Form(s) LWRP Consistency Assessment Form Photos Property Record Card(s) Maps- Survey/Site Plan Drawings Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 03/03/20 Receipt#: 267845 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7409 $250.00 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#76312 $250.00 Twomey, Latham, Shea, Kelley Dubin & Qua Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Indian Neck IV, LLC 1350 Avenue of the Americas Ste 2300 New York, NY 10019 Clerk ID: JENNIFER Internal ID:7409 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE : March 3, 2020 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP Twomey, Lathan, 7409 Shea, Kelley Dubin & 76312 RECEIVEDQuartararo LLP for : $250.00 INDIAN NECK IV LLC _ q 2020 S uthold Town Clerk TOTAL $250.00 Sent via Inter-Office to Town Clerk by: ES Thank you. z� 71 7 •' "4>'.r .I,..•y.4 �Y,,.''.,5r,:; k� f`-,'u,1 ?�• r'^se.�'••.- .tY,c„i.R >5,a .i; 'Z ;�i�a .••��'�ra`<' e%�"w.'y' �c,..a.._- „ .f;i'a 5�•.,,.`� •` 'n -�'z '�+ (4 d'': .a.:.,"t''`t:,:- :i-,'-_ :r 5*'+`.�r��t. y •<'!"�� 2' is i•; 1�.�= �f••-v. kL yr�ti'..� "'' �^ :,�'„�.��� �"'� ..+ ' =�; �` TW®M LAT' _F ° �t T EN IgAM < ~} ^ ,^1 S o�.tl. r e,�.�r. 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'.' . _ ; ��. f,, yC qGl., -Y-." _"5,.. t }J�'Sn ,V.-li 4°;,•�c,y ,,P.•,�-t BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �o�®� $®Ur/y® 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes v, Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento ®liJ'coUNTY Southold,NY 11971 http://soutlioldtowiiny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 6, 2020 PUBLIC HEARING Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the AUGUST 6, 2020 Zoning Board of Appeals meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have access to view, listen and make comment during the meeting as it is happening via Zoom. Details about how to tune in and make comments during the meeting are on the Town's website agenda for this meeting which may be viewed at http://www.southoldtownny.gov/agendacenter. Additionally, there will be a link to the Webinar Zoom meeting at http://www.southoldtownnV.govlcalendar.aspx. If you do not have access to 1:00 P.M. - INDIAN NECK IV. LLC #7409 - Request for a Variance from Article XXII, Section 280-105C and the Building Inspector's January 13, 2020, Amended February 24, 2020 Notice of Disapproval based on an application for a permit to legalize an "as built" 8 foot deer fence; at 1) not permitted on vacant parcel not engaged in bona fide agriculture production; located at: 1985 Leslie Road, Peconic, NY. SCTM No. 1000-98-1-2.1. The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review on The Town's Weblink/Laserfiche under Zoning Board of Appeals(ZBA)\Board Actions\Pending. Click Link: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. If you have questions, please telephone our office at(631)765-1809, or by email:kimf@southoldtownny.gov Dated: July 16, 2020 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON BY: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 f, BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson �� T'y0 53095 Main Road -P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes u, Town Annex/First Floor, Robert Lehnert,Jr. i5ik • �O 54375 Main Road(at Youngs Avenue) Nicholas Planamento liYCoUf Southold,NY 11971 r ' http://southoldtownny.gov a � ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 -Fax (631) 765-9064 July 6, 2020 Dear Applicant; Due to public health and safety concerns related to COVID-19, the Zoning Board of Appeals will not be meeting in-person. In accordance with the Governor's Executive Order 202.1, the Aut4ust 6, 2020 Zoning Board of Appeals Regular Meeting will be held via video conferencing, and a transcript will be provided at a later date. The public will have an opportunity to see and hear the meeting live. Below, please see instructions for the video conference hearing and material required to prepare for the ZBA public hearing which include: PLEASE READ CAREFULLY. 1. Yellow sign to post on your property seven (7) days prior to your hearing, to be placed not more than 10 feet from the front property line (within your property) bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Posting should be done by July 29, 2020. 2. SC Tax Map with property numbers. 3. Legal Notice of video conference meeting. Instructions for participation will follow, and will be posted on the Town's Website under the meeting date, and the Legal Notice section of Suffolk Times Newspaper. 4. Affidavits of Mailings and Posting to be completed by you, notarized, and returned to our office verifying that you have properly mailed and posted by July 30, 2020. 5. Instructions for Laserfiche/Weblink to view application. Please send by USPS Certified Mail, Return Receipt the following documents to all owners of property (tax map with property numbers enclosed) vacant or improved, which abuts and any property which is across from any public or private street. We ask that you send your mailings promptly so that if any piece is undeliverable, you can reach out to your neighbors to request their mailing addresses, and re-snail. Mailing to be done by July 20, 2020. a. Legal Notice informing interested parties of meeting being conducted via video conferencing. A WEBLINK to the meeting will be provided on the Town's Website under the date of the meeting. Instructions for ZBA Public Hearing Page 2 b. Cover Letter which should include your contact information, date and time of hearing, procedures for submitting written comment via email or USPS to our office. Recipients should be able to contact you for additional information. Furthermore, if recipients need to contact the ZBA staff, they may telephone 631-765-1809 or email us at kimf@southoldtownny_gov or elizabeth.sakarellosgtown.southold.ny.us c. Instructions for Laserfiche/Weblink to view all pending applications. Link to view pending applications: http://24.38.28.228:2040/weblink/Browse.aspx?dbid=0. d. Survey or Site Plan depicting "as-built" and proposed improvements requiring ZBA relief. The Town's Laserfiche/Weblink files provides both location addresses and mailing addresses in their current Assessment Roll listing. (See Link Below). Also, the Town Assessor's Office can be reached at 631-765-1937. Contact us via email or by phone if you need further assistance. TownOfSouthold> Assessors> Assessment Books/Tax Rolls> 2010-2019 > 2019 http:H24.38.28.228:2040/weblink/0/doc/I022250/Pa eg l aspx. We ask that you scan and email the USPS mailing receipts, green signature cards and affidavits to kimfna southoldtownn��, and promptly mail the originals to the Town of Southold, ZBA, P.O. Box 1179, Southold, NY 11971. Please note that without your mailing receipts, the ZBA will be prevented from conducting your hearing pursuant to New York State Law. Please be reminded that New York State Law requires the ZBA to follow the above specific policies. If for any reason, you are unable to prepare for your public hearing as instructed, please let us know. Sincerely, Kim E. Fuentes Board Assistant kimf@southoldtownny.gov E GF HE ' -ARIi+Io The following application will be heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA WEBSITE FOR AGENDA on http .m southoldtownny. glov .' AME : INDIAN NECK IV , LLC #7409 .: CTM # mE 1000-98- 1 -2 . 1 VARIANCE : HEIGHT OF FENCE VEQUESTm LEGALIZE 00AS BUILT" 8 FOOT HIGH DEER FENCE DATE : THURS. , AUG . 61 2020 1 :00 PM "ou may review the file(s) on the town 's website under Town Records/Weblink : ZBA/ Board Actions/ Pending . ?BA Office telephone (631 ) 765-1 809 SCALAMANDRE ADJACENT PROPERTY OWNERS 1985 Leslie Road; SCTM#1000-98-1-2.1 E 5.-3-10.4 Agr �htofus Family Ltd. Partnership 39390 Route 25 Post Office Box 17 Peconic,NY 11958 85.-3-11.2 Agr Raphael Vineyards Inc. Attn: J. Petrocelli 39390 Route 25 Post Office Box 17 Peconic,NY 11958 85.-3-12.2 Agr North Haven Trust Attn: Anthony Sages 945 Fifth Ave Apt. 17D New York,NY 10021 7.-10-2.1 Valerie and David J. Cichanowicz Post Office Box 160 Peconic,NY 11958 7.-10-2.2 Valerie and David J. Cichanowicz Post Office Box 160 Peconic,NY 11958 97.-10-1.2 North Haven Trust Attn: Anthony Sages 945 Fifth Ave Apt. 17D New York,NY 10021 97.-10-1.1 North Haven Trust Attn: Anthony Sages 945 Fifth Ave Apt. 17D New York,NY 10021 98.-1-3 arianne Allen V Aidan Boland 1410 Leslie Road Cutchogue,NY 11935 /J00 -2.16 Pontinph H. Pontino Post Office Box 11 Peconic,NY 11958 98.-1-2.20 Michele Pia Tognozzi Giovanni Tognozzi 1 Leroy Street, Apt. 2A New York,NY 10014 1 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS Appeal No. Vi H>e66 SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS (Name of Applicant/Owner) 1965 Lesli e VoM ) Pecon j C_ SCTM No. 1000- 9 6— (Address of Property) (Section, Block& Lot) COUNTY OF SUFFOLK STATE OF NEW YORK I, ( ) Owner, ( WAgent Nk -(-hn V�)• Finoman �t W\*6,n b*L,L 0,+ �� t,t) gedl(&A,New York, being duly sworn, deposes and says that: On the day of 20QD I personally mailed at the United States Post Office in P—\g'I' Q-0-A- ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll Verified from the official records on file with the (�ssessors, or ( ) County Real Property Office, for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. (Qnature) S to before me this ,r7,,,of Z/6W, Geraldine L. Fanning of 'Pub iNotary Public State of New Yo k 17— s) Suffolk County Lic. #01 FA6137648 COMM. EXP. 11/28 PLEASE list on the back of Affidavit or on a sheet of pape ,r-the lot numbers next to the owner names and addresses for which notices were mailed. All original USPS receipts and mailing confirmations to be submitted to the ZBA Office along with this form completed, signed and notarized. ANIL— Lf) R. • C� rn m y-� "�1 g��{ g —?R,- ^a`�• m �° U �,J �" arrz." -"�s-U�=✓`f "•� M. 1-00 1F � � � U Pl , �L�_>�1 C s C� Certified Mad Fee I r-9Certified Mad Fee fTO $ ,^;•f4'0 cr Extra Services&Fees(checkbox,add fee as appropnate) I Extra Services&Fees(check box,add fee as appropnate) 9�� t•t-) ❑Return Receipt(hardcopy) $ _ Ln ❑Return Receipt(hardcopy) $ \' 9,?n' C ❑Return Receipt(electronic) $ CQ•' Postmark O ❑RetumRecei t electronic $ hPostmark,�" sl Here Receipt(electronic) ! 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Gam--- ------ City St ■ :II I 11 1.1.1 - Im SCALAMANDRE ADJACENT PROPERTY OWNERS 1985 Leslie Road; SCTM#1000-98-1-2.1 85.-3-10.4 Agr l Eightofus Family Ltd. Partnership 39390 Route 25 Post Office Box 17 Peconic,NY 11958 85.-3-11.2 Agr Raphael Vineyards Inc. J Attn: J. Petrocelli / 39390 Route 25 Post Office Box 17 , Peconic,NY 11958 85.-3-12.2 Agr / North Haven Trust / Attn: Anthony Sages 945 Fifth Ave Apt. 17D New York,NY 10021 97.40-2.1 / Valerie and David J. Cichanowicz Post Office Box 160 Peconic,NY 11958 97.-10-2.2 Valerie and David J. Cichanowicz / Post Office Box 160 1/ Peconic,NY 11958 97.-10-1.2 North Haven Trust Attn: Anthony Sages 945 Fifth Ave Apt. 17D New York,NY 10021 97.-10-1.1 North Haven Trust Attn: Anthony Sages 945 Fifth Ave Apt. 17D New York,NY 10021 98.-1-3 _ PostalTM CERTIFIED e Ln 0 r Only ��U - ( •{{ • ^ � M1 • lam• ?d {� L U[J1 $ Certified Mad FeeEr ®� ( Extra Services&Fees(check box,add fee as appropriate) �0) Lf) ❑Return Receipt(hardcopy) $ G' C3 ❑Return Receipt(electronic) $ tmark 4J r• O ❑Certified Mail Restricted Delivery $ 9 ( ere 4 • ` + C3 []Adult Signature Required $ �^^ C`� t ❑Adult Signature Restricted Delivery$ o O� Postage L�'ttr O Total Postage and Fees LnSent To r C3 C3 --------- �J J 0 Street d No.,or P x o. ---------------------------------- ------7"t"M,(.( c��-�f.-- - -------------------------- City,Stat P 4' GVOI :r. r r r rrr•,• 1 Marianne Allen Aidan Boland / 1410 Leslie Road t/ Cutchogue,NY 11935 98.-1-2.16 John Pontino Joseph H. Pontino / Post Office Box 11 v Peconic,NY 11958 98.-1-2.20 Michele Pia Tognozzi / Giovanni Tognozzi �/ 1 Leroy Street,Apt. 2A New York,NY 10014 3123 Skunk Lane; Sctm 1000-97-9-10.4 97.-8-31.2 Agr Albert J. Krupski Jr. 2790 Skunk Lane Cutchogue,NY 11935 97.-9-1 Matthew R. Lindsay Christina J. Lindsay 1170 Leslie Road Cutchogue,NY 11935 97.-9-2 John O. Goodwin 1040 Leslie Road Post Office Box 750 Cutchogue,NY 11935 97.-9-3 Michael P. Cosgrove Melissa A. Cosgrove Post Office Box 418 Cutchogue,NY 11935 97.-9-4 Frank and Donna Vilardi P SE • • • ® • D ■ Complete items 1,2,and 3. ■ Print your name and address on the reverse ❑Agent i so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. be' M b (Panted a e) G. Date of Delivery or on the front if space permits. t ,1. Article Addressed to: D. Israel address di rent fr t _ 1 9,tenfe�r detKery address below: o I j 1ohn;Pontino 0 E` Pontino ` Pos#=Office Box 11 ° `2����� I Peconic, NY 11958 list?_ n\L t " IIIIIIIII IIII IIIIIIIII lI III II I I IIfI III tlll� 1�1� 13 Service=ature"` ❑Regiitered Eujg-o 1 13 Adult signature q Registered MaiIT^� k ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted 14 Certified Mail® Delivery d S 9590 9402 2671 6336 9458 66 ❑Certified Mail Restricted Delivery ❑Return Receipt for { 1:1 Collect on Delivery Merchandise c—Artfeta NPPmber llransfer�rom_servIce-labe/1 El Collect on Delivery Restricted Delivery 13 Signature Confirmation' O Insured Mail ❑Signature Confirmation ,7015 0640 0005 9173 4844 ❑Insured Mail Restricted Delivery Restricted Delivery �--- —— �� (over$500) PS Form 3811 July 2015 PSN 7530-02-000-9053. f + t : ¢ Domestic Return Receipt PS Form:i3Sl�J1�lyZgT��sly 1� SENDER: COMPLETE-T'140SECTION COMPLETE • ON DELIVERY ■ Ctamtete items 1,'2;and 3. ;; A urs 9 y,. ■ Priri't"Four-name and address on the reverse X CICS Q Agent so that-we-can ,bb,card to ygia.1,; I ` Addressee i ■ Attach this card to-the back of the mailpieee, B•,ReGe+g (Panted Name) O-.7 64te of-Dehvery t or on the front ifsoace permits. e9A �0 1. Article Addressed to: D. Is delivery address different from item 1? oy " - — If YES,enter delivery address below: o Marianne Allen Aidan.Boland 141Ueslie Road i Cutchogue, NY 11935 i 3. Service Type ❑Priority Mail Express® II I IIIIII IIII III I III V I I I II I I I II I III I I I I I 11111 13Adult Signature ❑Registered Mall"M ❑Adult Signature Restricted Delivery ❑Re�lstered Mail Restrlcted� 9590 9402 3605 75 2197 08 �CertiSedMatl® Delnrery 30 ❑Certified Mail Restricted Delivery ❑Return Receipt for 11 Collect on Delivery Merchandise 2, Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery 13 Signature ConfirmationTO �' rl 5 ❑r l q i" 7"Tj; —"hsured Mail ❑Signature Confirmation k. Psured Mail Restricted Delivery Restricted Delivery Dv $500) .,rel 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt ' I � is I f 111ff ! i li I I II ; li + VA J � _ 1 COMPLETE •N COMPLETE THIS SECTIONON DEI IVERY \ j ■ Complete iteTns?l-;fi2,_and 3.` A. Si nature J ■ Print your nalr�, nd address on the reverse X ❑Agent so that we c turn the card to you. G "" O Addressee ■ Attach this'cid to the back of the mailpiece, -edC by ted ame) I C. Date of Delivery or on the front if space permits. ,� ( � ",.'ljp•?� 1. Article Addressed to: D. Is delivery address different ftA item 1? O Yes I If YES,enter delivery address below: ❑No I Valerie and David J. Cichanowicz `1 Post-Office Box 160 l s I Peconic, NY 11958 ! `- 3. Service Type YP 13 Priority Mail Express® l ❑AdultSignature ❑Registered Mail- I"III�II�III�I�III�IIII ❑AdultSignatureRestrictedDelivery ❑-ReulsteredMail Restricted,' 9590 9402 3605 7305 2197 15 EWCertifled Mad® Delivery ❑Certified Mail Restricted Delivery 0Retum Receipt for ElCollect on Delivery Merchandise 2._Article Number(Transfer from service labeq ❑Collect on Delivery Restricted Delivery ❑Signature Confinnatlo0l 7 015 ,0 4 � � ❑Insured Mail ❑Signature Confirmation D D'0 5917 3``3 7 8 6' — —� $��it Restricted Delivery [' j Restncted'Dellvery ! PS Form 3811,July 2015 PSN 7530-02-00 - I Domestic Return Receipt _ii I_�;_;_il illi II i Illll 1 11 I I I 4- 0 --..---<r*a COMPLETETHIS SECTIONON DELIVERY --i SENDER: COMPLETt-THIS SECTION' A . , ■ Complete items 1,2,and 3. ❑Agent ■ Print your name and address on the reverse p Addressee so that we can return the card to you. B. y(Print Name) C.Da of Deli■ Attach this card to the back of the mailpiece, u L'JyU - or on the front if'space permits. 1. Articles d to f D. Is delivery address different from item 1? LI Yes If YES,enter delivery address below: p No Raphael Vineyards Inc. } i Attn:J. Petrocelli 4 ti { 39390 Route 25 1 Post Office Box 17 ' -Peconic NY 11958 -- 3. Service Type ❑Priority Mail Express® ❑Adult Signature ❑Registered MallTm IIIIIIIIII�IIIIIIIIIIIIIIII�lllllillllllllllll ❑Adult Signature Restricted Delivery ❑Re�Vreredmap Restricted! A?Certified Mall® De etry 9590 9402 3605 7305 2197 39 ❑Certified Mail Restricted Delivery ❑Return for ❑Collect on Delivery ❑SlgnatureConfama110F. ❑Coiled on Delivery Restricted Delivery ❑Signature Confumatlan _ _2._Article Numb er_Mransfer_from service_labe4 ured Mail 7015 0640 0 2 2 5 917 3 3762 �`e mail Restricted Delivery Restncted oe°very Domestic Return Receipt i PS Form 3811,,July 20154PSN 7530-02-000-9053, I �Q i .i i COMPLETESECTION ■ Complete items 1,2,and 3. ;'t ..t� Signa re ■ Print your name and address on the reverse"'v /� 0 Agee so that we can return the card to you. °" X ' 3`y ❑Addressee It Attach this card to the back of the mailpiece, B. elwd brv� k:jj Date of Delivery or on the front if space permits. T UL/I ' �jf�-?,(/ 1._Article Addressed to: D. Is delivery address different from item 1? 0 Yes If YES,enter delivery address below: 0 No Eightofus Family Ltd. Partnership i 39390 Route 25 Post Office Box 17 j Peconic, NY 11958 I 1 II 1 IIIIII I II III I III I I I I I II I I I II I�II II IIII I-III 3. dullServicei Type ❑Priority Mail Express® ❑Adult Signature ❑Registered Mail R f Q Adult Signature Restricted Delivery ❑Registered Mall Restricted' 9590 9402 3605 7305 2197 46 Certified Mail® Delivery I ❑Certified Mail Restricted Delivery ❑REl Collect on etum Receipt for 2, Article Number(IYansfer from setvice Labe Q Collect on Deliver R Merchandise ery estricted Delivery ❑Signature ConlirmationTm 0 Insured Mail ❑Signature Confirmation j 115 0640 0005 9173 3755 7 Insured Mail Restricted Delivery Restricted Delivery I {over$500) IForm,381.1i,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFID�AVI�T` OF In the Matter of the Application of: POSTING Z&M N f(L-37, LLC- SCTM No. 1000- 9g_/_0?. 1 (Name of Applicants) (Section, Block& Lot) COUNTY OF SUFFOLK STATE OF NEW YORK Lv'f�AYI 01 c9 I,. MaLfin D- IDon �lg at 33 1,12Sf SL�CC�n S' e� j�Xi'kM�- ,New York, being duly sworn, depose and say that: I am the ( ) Owner or (f�Agent for owner of the subject property On the Cq day of ) yky , 20dcQ. I personally placed the Town's Official Poster on subject property located at: /Ves Leslie emo, Pa-calm indicating the date of hearing and nature of application noted thereon, securely upon subject property, located ten (10) feet or closer from the street or right-of-Way (driveway entrance) facing the street or facing each street or right-of-way entrance,* and that; I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hear' hich hearing date was shown to be &qusu -6, ava o ( ner/A t Signature) Sworn to before me this Day of 0 , 20-0 Geraldine L. Fanning �4fNotary Public State of New York 4a4ryubliZc) Suffolk County Lie. #01 F 6137548 COMM. E7CP. 11 J28= * near the entrance or driveway entrance of property, as the area most visible to passerby TYPESET- Wed Jul 15 15'06.31 EDT 2020 yard setback of 35 feet; located at: 355 sated at: 3123 Skunk Lane, Cutchogue, LEGAL NOTICE Riley Avenue,Mattituck,NY.SCTM No. NY.SCTM No.1000-97-9-10.4. SOUTHOLD TOWN ZONING BOARD 1000-143-4-19. 1:20 P.M.-GERALD MILITO#7405- OF APPEALS 10:50 A.M.- WENDY DAVIS#7397- Request1bra Variance from Article XXIII, THURSDAY,AUGUST 6, 2020 at 10:00 Request for a Variance from Article XXIII, Section 280-124 and the,Building Inspec- AM Section 280-124 and the Building Inspec- tdr"'s January 22, 2620 Notice of Disap- PUBLIC HEARINGS tor's January 27, 2020 Notice of Disap- proval based on an application for a permit This PUBLIC HEARING will be held proval based on an application for a permit to construct additions and alterations to an virtually via the Zoom online platform. to construct additions and alterations to an existing dwelling;at 1)less than the code Pursuant to Executive Order 202.1 of New existing single family dwelling; at 1) lo- required-midimum side yard setback of 10 York Governor Andrew Cuomo in-person sated less than the code required minimum feet; located at: 550 West Road, Cut- access by the public will not be permitted. front yard setback of 40 feet;located at: chogue,-NI:SCTM'No.1000110-5-41. The public will have access to view,listen 200 Pierce Street,Cutchogue,NY.SCTM 1:30 P.M.--SEAN MAGNUSON FOR and make comment during the meeting as No.1000-136-1-35.1. HNF RESORTS,'INC (EASTERN L.I. it is happening via Zoom. Details about 11:00A.M..-MIKE AND MARY-BETH YAMPGROUND).#7384SE-Requestfora how to tune in and make comments during PETSKY BREEZY SHORES COTTAGE. Special]Exception„pursuant to TownCode the meeting are on the Town's website #10 #7408-Request for a Variance from Article VIII,Section 280-35B(5)"and Town agenda for this meeting which may be Article XXIII, Section 280-123 and the CodeArticle 1,Section,253-1,the applicant viewed at http://www.southoldtownny.gov/ Building Inspector's January 2,2020 No- is:requesting-permission to alter the exist- agendacenter.Additionally,there will be a lice of Disapproval based on an application ing Tourist and Trailer Campground by link to the'Webinar Zoom meeting athttp:/ for a permit to construct additions and removing twenty(2U) fent sites and con- /_www.southoldtownny,gov/calendarasp3t. alterations to an existing seasonal cottage; stirridting.twenty(20)seasonal cabins;as If you do not have access to a computer at 1)a non-conforming building containing well as variances for twenty(20)'cabins or smartphone,there is an option to listen a non-conforming use shall not be en- measuring 504 sq.'ft,where the code only in via telephone. You may join by Tele= larged,reconstructed,structurally altered allows cabins to measmrq a maximum of phone: 646-558-8656, Webinar ID: 930 or moved,unless stick building is changed 45Qsg.ft.in 9i'ze;,lbcated_at::64500 County 9041, 0409, Password: 296296. Call the, 'to a conforming use;at:65490 Route 25, Road'48;:Greeriport.SC,TM#1000-40-3=5. ZBA office at 631-765-1809 for help. (Breezy-Shores Cottage#10,Adj.to Shelter 1:40 P:lbf. 1925 GRANDVIEW'INC, 10:00,A.M.-LAURA FLAVIN#7391- Island Sound) Greenport, NY, PATRICK TREANOR, .PRESIDENT Request for Variances from Article VIII, SCTM#1000-53-5-12.6. #7390-Requ'estfar a Variance front Arti- Section 280-39 and the Building Inspec- 11:10 A.M.-JOSEPH DEVITO#7401- de III,Section.280=13 and the Building tor's December 4, 2020 Notice of Disap- Request for a Variance"from Article III, Inspector's January,6,2020 Notice of Dis- proval based on an application for a,permit Section 280-15 and the Building,Inspec- approval based drinan application for a per- to construct additions and alterations to an -tor's January 8, 2020 Notice-of Disap- mit to'leg"alize"as-bttilt”additionsand al- existing single family dwelling; at.1) lo- provat based on an application for a permit terations to an existing. single family rated less than the code required minimum- to construct an accessory shed; at 1)lo- dwelling;--at 1)more than the code permit- front yard setback of 50 feet;2)located less sated in other than the code required rear tedluaxininln two and,onG-half(2-1/2)sto-. ban the code required minimum side yard yard; located at: 100 Lighthouse Lane, riO; loafed irb 1925 Grandview DriVe; - setback of 15 feet;located at:50705 Main "Southold,NY.SCTM No.100040-6-27. Orient,NY.SCTM."No.1000-14-2-3.21. Road, Southold, NY. SCTM No. 11:20 A.M. -ANDREW AND LINDA 1:56 PAL .'DOWA, M. WEXLER, 1000=70-1-7.1. TOGA #7403 - Request for a'Variance DONNA V. WEXLER REVOCABLE 10:10 A.M. - GEORGE AND LYNN from Article XXIII,Section 280-124 and TRUST AND RODNEY T. QUARTY' KRUG#7392-Request for Variances from the Building Inspector's January 30,2020 #7363-R'equestfoc Variances from Article Article XXIII, Section 280-124 and the Notice of Disapproval based onan applica- Iy Section 280-18 and the Building Inspec- Building Inspector's December 16, 2019 tion for a permit to demolish an existing tor's September�,0;20I9 Noticeof Dis- Notice of Disapproval based on an applica- dwelling and construct a bew single family approval liastxl on anapplication for a sub- tion for a permit to construct additions and dwelling;at 1)less than the code required division,of merged'properties at, 1)both alterations to an existing single family minimum rear yard setback of 50 feet;lo- proposed lots will be less than the code dwelling;at 1)located less than the code sated at!2425 Mill Creek Drive,(Adj:to requiredminimunYlot;areagt40;000sq,fG; required minimum front yard setback of Arshamomaque Pond - Long Creek) located at 12.75 Wei;t Hill Road and 1175 35 feet;2)located less than the code re- 'Southold,NY.SCTM No.1000-51.6=4(, West ,Hill Road, Southold, NY. quired minimum side yard setback of 10 1:00 P.M. - INDIAN NECK IV,LLC SCTM#1000-10-442'and 100040-4-23. feet;3)located less than the code required #7409-Request for a Variance from Arti- -The$oard=ofAppeals will hear all persons minimum combined side yard setback of cle XXII, Section 280-105C and the or their representatives,.desmngtobeheard at 25 feet;4)more than the code permitted 'Building Inspector's January 13, 2020, each hearing,and/or desiring to submit writ- maximum lot coverage of 20%;located at: Amended February 24,2020 Notice,ofDls- ten statements before the conclusion of eacb 1175 Second Street, New Suffolk, NY. .approvalbasedonanapplicationforaper- heariiYg.Eacb-boarmg will not start earlier SCTM No.1000-117-1-20. mit to legalize an"as built" 8 foot_deer than designated above.Files are available 16:20 A.M.-DANIEL WRIGHT#7395- fence;at 1)not permitted on vacant parcel for review on The Town's Weblink/ Request for Variances from Article III, not engaged in bona fide agriculture pro- Laserlicheunder Zoning Board of Appeals Section 280-15; Article XXIII, Section duction; located at: 1985 Leslie Road, (ZBA)FoardAct'ions*ending.Click Link: 280-124;and the Building Inspector's Jan- recons,NY.SCTM No.'100b-98-1-2.1. k'ttp:1/24.38.28.228:2'040/weblink/ nary 31,2020 Notice of Disapproval based 1:00 P.M. - INDIAN NECK II, LLC Browse aspx?dbid,0.Ifyou have questions, on an application for a permit to demolish #7410-Request-for a Variance from Arti- please telephoneouroffice at(631)765-1809, an existing dwelling and reconstruct a new ete XXIi, Section 280-105,C and the or-by email:kimf@southoldtownny gov single.family dwelling; at 1)located less Building Inspecforts January 13, 2020, Dated:July 16,2020 than the code required minimum front Amended February 24,2020 Notice of Dis. ZONING BOARD OF APPEALS yard setback of 35 feet;2)located less than approval based on an application for a per- LESLIE K A N E S W E I S M A N, the code required minimum side yard set- mit to legalize an "as built" 8 foot deer CHAIRPERSON hack of 10 feet;3)located less than the code fence;at 1)not permitted on vacantparcel BY,Kim E.Fuentes required minimum combined side yard set- not engaged in bona fide agriculture pro- 54375 Main Road(Office Location) back of 25 feet;4)existing garage located in Auction;located at:3595 Skunk Lane,Cut- 53095 Main Road(Mailing/USPS) other than the code required rear yard; chogue,NY.SCTM No.1000.97-9-12. PO Box 1179 located at:2105 Orchard Road,East Mar- 1:00 P.M. INDIAN NECK III, LLC Southold,NY 11971-0959 ion,NY.SCTM No.1000-37-3-6. #7411-Request for a Variance from Article 2486880 -10:40-A.M. -= PAUL AND--KELLY—­XXH,Section 280-1n5C and the Building DEMATO#7407-Request for a Variance Inspector's January 13, 2020, Amended from Article XXIII,Section 280-124 and February 24,2020 Notice of Disapproval the Building Inspector's February 12,2020 based on an application for a permit to Notice of Disapproval based on an applica- legalize an"as built"8 foot deer fence;at 1) tion for a permit to construct additions and not permitted on vacant parcel not engaged alterations to an existing dwelling;at 1)less in bona fide agriculture production; lo- than the code required minimum front #0002486880 STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) Lori Bazata of Mattituck,in said county,being duly sworn,says that she is Principal Clerk of THE SUFFOLK TIMP-S , a weekly newspaper,published at Mattituck, in the Town of Southold,County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 weeks(s),successfully commencing on 07/30/2020 Principal Clerk Sworn to-before me this day of '_ \ Sc �6 ':k MELISSA R DEBOER NOTARY PUBLIC STATE OF NEW YORK SUFFOLK COUNTY LIC.#Oi DE6349898 COMM.EXP.s�- ------ BOARD MEMBERS ��OF S0Uly0 Southold Town Hall Leslie Kanes Weisman,Chairperson ,`O l0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 lha Patricia Acampora Office Location: Eric Dantes iQ Town Annex/First Floor, Robert Lehnert,Jr. O! 54375 Main Road(at Youngs Avenue) Nicholas Planamento Irouff � Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 March 3, 2020 Ms. Sarah Lansdale, Director Suffolk County Department of Planning -P.O.-Box-6100- Hauppauge, P.O._Box_6100_Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #7409 Owner/Application : INDIAN NECK IV LLC Action Requested : Legalize "as built" 8 foot deer fence. Within 500 feet of: ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District , ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chair erson By: Encls : Survey/Site Plan : Pinnacle Land Surveyors LLP Dated : February,8, 2018 BOARD MEMBERS �F SOUr Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road•P.O.Box 1179 hO l0 Southold,NY 11971-09.59 Patricia Acampora Office Location: Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. ,^�aa�Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento MUNT`l Nom` Southold,NY 11971 http://southoldtownny.gov --W- OARD OFAPPEALS TOWN OF SOUTHOLD Tel.(631)765-1809.Fax(631) 765-9064 August 25, 2020 Martin Finnegan Twomey, Latham, Shea, et al P.O. Box 9398 Riverhead,NY 11901 Re_: ZBA Application#7409, 7410 & 7411 Indian Neck II, LLC, Indian Neck III, LLC &Indian Neck IV, LLC SCTM No. 1000-97-9-10.4, 1000-97-9-12, 1000-98-1-2.1 Dear Mr. Finnegan; Transmitted for your records is a copy of the Board's August 20, 2020 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. Before commencing any construction activities, a building permit is necessary. If you have any questions, please don't hesitate to contact our office. Sincer y, K m E. Fuentes Board Assistant Encl. uilAing-Dep . RCv151003LINE _— 14 Z. 11-14-96 14-1-98 12 96 I .§1.6 ,e 11-1 � 2 03-2497 SEE SEC.NO 086 0610-97 _ SEE SEC.NO 086 MATCH 062697 N9190.2w MATCH UNE 79 :.z 'S 12 \ 10-2697 04-0698 U ,s 24)699 w O FOR PCL.NO -00 27 _ $, SEE SEC.NO. 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