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HomeMy WebLinkAbout7411 - 1 I n d l a r► Jae ck%ll `�LLG q 31 cQ3 skunk La,w Cwti.&jve 1v� lifil �, tze as-buiI�° ' .dei/ ►-�� fs V&Ccinf Igo /dSC Yl)(11Ann l i CHECK BOXES AS COMPLETED �J ( ) Tape this form to outside of file ..;� ( ) Pull ZBA copy of ND, a 0 �► rt ( ) Check file boxes for,pr g ` . ( ) Assign next number or '* •• U) outside of file folder -* "'• k,x G ( ) Date stamp entire orifi file number rn -n -0 w E i ( ) Hole punch entire ori 0 q * Z w ' {° CDCn (before sending to T.C.; 0; IUDW CL ( ) Create new index card ms� - ( ) Print contact info & tap ►V :� ( ) Prepare transmittal to r � � Cn na ( ) Send original applicatic, = o to Town Clerk ( ) Note inside file folder v and tape to inside of fc ,. ( ) Copy County Tax Map; , 3,_ neighbors and AGAots . ( ) Make 7 copies and put ( ) Do mailing label SPI , IJa PiC(N-S 461)-- Yes i BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman,Chairperson O�� y�l 5309.5 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes cis Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento lij'co Southold,NY 11971 RECEIVED http://southoldtownny.gov CE: Q ZONING BOARD OF APPEALS A � �� TOWN OF SOUTHOLD v Tel.(631)765-1809•Fax(631)765-9064 out oS� T®e��n �ler` FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 20, 2020 ZBA FILE: #7411 NAME OF APPLICANT: Indian Neck III,LLC PROPERTY LOCATION: 3123 Skunk Lane, Cutchogue,NY SCTM: 1000-97-9-10.4 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 9, 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 9.936 acre, irregular shaped, landlocked, parcel, located in the AC Agricultural Zone, measures 221.98 feet behind a single family residence located on Skunk Lane then continues southwest 61 feet and northwest 99.6 feet behind the same residence, then runs northeast 1,386.69 feet behind several residences, part of the Bay Homes subdivision, then runs southeast 136.27 feet and continues 197.8 feet, before returning 1,445.97 feet back to the residence located on Skunk Lane. The subject parcel is improved with paddock fencing, a run-in shed and an `as-built' deer fence as shown on the survey prepared by Martin Alexander Read,Licensed Land Surveyor, Pinnacle Land Surveyors LLP and dated February 8, 2018 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: 3123 Skunk Lane, Cutchogue,NY. SCTM No. 1000-97-9-10.4. 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 is located on the eastside of Skunk Lane and along multiple neighboring residences, where the subject independent parcel is vacant and is not recognized as being engaged in bona fide agricultural production. Page 2,August 20,2020 #7410, Indian Neck,III,LLC SCTM No. 1000-97-9-10.4 ADDITIONAL INFORMATION: The applicant owns several parcels of land, totaling approximately 133.48 acres, the bulk of which is actively farmed and receives and 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. The Town of Southold issued a building permit for horse sheds on this parcel on June 28,2011. 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 the 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 proposed deer-fencing. 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 Skunk Lane and neighboring residences. 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 z 267-b(3)(b)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. Skunk Lane is a well-developed residential community running along Mudd Creek and towards the Peconic Bay and the Nassau Point community. While developed primarily with single family residences, there are patches of woodlands, marsh areas and other open space, including the subject farm 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. Furthermore,the deer fencing that is visible to immediate neighbors is not located on the property line, as commonly installed, but rather set into the farm field, allowing the adjacent resident more visual space. 2. Town Law V67-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 &267-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 #7410, Indian Neck,III,LLC SCTM No. 1000-97-9-10.4 combined agricultural operation and has shown evidence that the property is included in a Suffolk County recognized Agricultural District, 4. Town Law 4267-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 4267-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 4267-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 Dantes, seconded by Member Planamento, and duly carried,to GRANT the variance as applied for, and shown on the survey prepared by Martin Alexander Read, Licensed Land Surveyor, 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 #7410,Indian Neck, III,LLC SCTM No. 1000-97-9-10.4 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). /lam Leslie Kanes Weisman, Chairperson Approved for filing Fl/ /2020 J 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 / IZa I QO 0:: \ C, BERM FE/ I✓ 2.4'E LAND NOW OR 4or CD PNn1J'" _ \ W FORMERLY OF \ W Y i POST E // 1 \• O� ON��O ! JQ+9 / �, MARCO \ Q O Zo. �. ON-LINE m ooa / FE ON N RPZ tP// -�./ / I O m ° d_ 7. 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JUST, JMO Q° F CONSUTLING ON o Lw O.5 F �6 JULY 20, 2018 �ryy�ry'ti \ / 2 SBS- S 100' TOWN OF SOUTHOLD TRUSTEES N /1 \ O11L�J�p• \ / \ So. TIDAL WETLANDS s� SETBACK UNE CLF G \ •�O X o 0.5'•.' \ v \�00. LF 0.6'1 ,� v SUFFOLK COUNTY TAX MAP / \ \ DISTRICT 1000 / p4 •!p _6 1.1� SECTIO 9 p� LOT 10.4 `, O <1 0 1 00 Vr)CLF.. O� 0O� 'Ij1 1 roCt FE \ 0.4'E + a , y 300 t,1 3 + PQ / \ •'�0 * 100' TOWN OF o + SOUTHOLD TRUSTEES _0 ' O Q %KTIDAL WETLANDS 1 0 + d NOTES FE � .°` SETBACK LINE 0.8'E ��°� U11 Z + �Qd 300' 1) REFERENCE DEEDS & ACREAGE (AS DESCRIBED) + + ` SCTM 1000-97-09-10.4 LIBER 12539 PAGE 596 9.9936 ACRES SCTM 1000-97-09-12 LIBER 12539 PAGE 899 34.6402 ACRES \/ 300' NYSDEC C + + ROWEL SCTM 1000-98-01-2.1 LIBER 12539 PAGE 704 10.7097 ACRES / TIDAL WETLANDS MONUMENTFOUND + + FE SCTM 1000-98-01-27.1 LIBER 12539 PAGE 901 77.6746 ACRES SETBACK LINE 1.1's ON- O��' / 1.9E 2 SUBSTANTIAL VISIBLE IMPROVEMENTS ARE DEPICTED, MINOR IMPROVEMENTS & FEATURES ARE NOT / \ SUFFOLK COUNTY TAX MAP + + FE ) O' DISTRICT 1000 2.3'E 3 NECESSARILY SHOWN. SECTION 97 f + 2.7'S \ BLOCK 09 LINE/ (0 3) SUBSURFACE & ENVIRONMENTAL INVESTIGATIONS WERE NOT CONDUCTED AS PART OF THE SURVEY. LOT 12 + + FE M / ' + qj 4) WOODS/BRUSH LINES AND MARSH AREAS DEPICTED HEREON ARE APPROXIMATE. 31 V 1.9'E / FE r► 08N ° 5) WATER BOUNDARIES ARE SUBJECT TO CHANGE DUE TO NATURAL CAUSES AND MAY OR MAY NOT + + FE °'7WOR REPRESENT THE LIMIT OF TITLE. O' REPUTED OWNER: \ O10 ��°� + M LILINE D NOw g1AKE !O GREAT PECONIC LLC � + OF CNI5'23„ FORM RLY I + + /�E �Q FENCE LOIN- •+� � OPENING i � Ry /A 3.D'N gTp,Y / //' 4 ro //// D 7 s.� S RO?'`�` / 60 00. ;' / o + + + P� v a o / u' �'�� 00 Ir / RPET R WALKERR. + + + u`�A � . 3ro C2 REPUTED OWNER: �, ►���• / REPUTED OWNER: + + + + W O ' REVIEWED A F 8 ` � Z 13111 COUNTY OF SUFFOLK 300 IDAL NYSDEC CfJ u- / BY Z A JUDY TEEVEN + FE '�• ,�x CLQ• O / + + + 1 1 TSETBACK`NES S DECISION # L J s 00 0.2 s • 0 5•W 1 / + + + + + a N LINK DATED A ^�E D �/ I \ � J ��� ��\ / y4�'``'� �• + PIPE + + + + TIDAL W DS LINE RcP'O /Arz ° O \ �'� / Fos" + + + } DE NEATED W JMO +� hBYG. UST,,4j0, / G 10 2 + + CONS NG ON 4j 5 / N JULY 2 2018 I FE \ �` ►��A. Qr� + + + + 100' TOWN OF ON The offsets or dimensions shown from structures to the property lines are for a specific purpose and use,and therefore,are not ,' ro _ REPUTED OWNER: �iv , » SOUTHOLD TRUSTEES M \ intended to guide in the erection of fences,walls,pools,patios,additions to buildings and any other construction. 0 , / LNE REPUTED OWNER: l I AUREN BECK o y 0- + + + N o? W TIDAL WETLANDS �O� N Subsurface and environmental conditions were not examined or considered as a art of this survey. O- 0 O OS W 37. 4 1 1 SETBACK LINE FE \ CARL FRTTSCHER � � �y� � + � �' 33'09'08' W p y ON-LINE29.77' 1 1 Easements,Rights-of-Way of record,if any,are not shown,unless otherwise noted. 1.7'E/ �� � RAIL FE S 50'28» W FE 0 LA \ 0.7'W 2752' 4�~ Property corner monuments were not placed as a part of this survey,unless otherwise noted. . j 9.4'N FE MONUMENT + W QQ I 8.6'w 1 7. \ - G�� FOUND S 12'38,38» W \ Certifications on this survey signify that the survey was prepared in accordance with the current existing Code of Practice for Land 0. W -► 1 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 whom the survey is prepared,to the title company,to the governmental agency,and to the lending institution listed on this tn- �i \ r // N v p p g g e�+ + 1.01 S 24'01'11' E 'f / �3'T6.0 ; urvey. � �'06, }� / / 5�0�? W 1� Said certifications indicated hereon are not transferable. 0 / ,•y a,, / Q\� REPUTED OWNER: + S 1753'04' W NFIE ' �y MICHELLE JEROLD �� 31,65' / Z . LINE \ ; y� o.2'N 1 9 v/O� � 04/10/2019 PROPOSED DEER FENCE LOT 10.4 ��� \ 10.5 'w a t�: Gj 1 + ryh' \ / _ S 49'39'03» W Z I + - ?�. 5 S 7g59. 1z/zo/zola STAKES SET + REPUTED OWNER: TRANSFORMER W ? 41•� �� ���O ` 9 TEN � 7.59, I � ELECTRIC � DELINEATED S 1754' 8' W s REPUTED OWNER: 9.7'E / N 0741'28» W .° + 9 �:�'+ TIDAL WETLANDS LINE 1 THOMAS S. COTTRELL DILIPATED REPUTE[OWNER: COUNTY OF _ -"'__ ep Z i BUILDING 2s\ 3.5'N PAUL STOITENBURGH SUFFOLK 58'91 METERS d �O, ED 08/21/2018 LOCATE TIDAL WETLANDS AND ADD WETLANDS SETBACK LINES t0.3'W (Q 0.2•W / \ + O BY G. JUST, JMO 49.0 � # A\ .O? IRREVOCALE TRUST N 0V 12'17* E / ,• i4 CONSUTUNG ON Date Revision ti / + 4' 4, JULY 20, 2018 S 14'00' 1' W - - - - p0' � 56.09 + Tax Map:. 1000 97 09 10.4,12 & 1000 98-01-2.1 27.1 N 1 / ATER cn 42.8 ' Y� / SEE FL OCKG O DOCK/ TANK/ + + Ito V / \ / DECK WELL 7 3 t3 •�� G \ FE / 0 LAND NOW OR DETAIL + 5WHO 'L 02N /+ 1'� �� FORMERLY OF 1 9.4' FE 5 �Qo�� N 5.277» E 0• . Al , g CSOUTHOLD BOARDOOF TRUSTEES PINNACLE �1 Q° STOUTENBURGH / \ / ly 7 �`L`�' �` LAND NOW OR 2 �� W LAN D SURVEYORS LLP I= + l� FE 6.9'W p�F-`5M1 F4� 28.2'w x S�Pp�a� REPUTED OWNER: \ S 41'42'53' W34. �9 W .56.4;7* W ROBERT DICKERSON Z 59.21' 1 N 23'08 43 W + ¢O o 1= �/ 1� 19.48' S�OT0'47"E O N � � RONKONKOMANNEW YORKHIGHWAY,i S�17E0 I I 6W�y PLSLI9.COM I X41 S3+ W DILAPIDATED 54'78 MARSH M \ 10 7 /� o/� SHED + 0 2018 PINNACLE LAND SURVEYORS LLP s 8u, BOUNDARY !0?O? + S 1 62650' E FE � A+ Z 1 O.6'N /6��� + SURVEY �' 1.2'W 5 REPUTED OWNER: ���� ti . + + VS 1270'01» W CERTIFIED T0: PAUL I IRREVOCABLENTRUST BURGH11 1,3 , 18$� SITUATE //��//� I�n INDIAN NECK I, LLC 6'x 60' FLOATING DOCK 3.5'x13' 4'x40' RAISED 4'x12' E x14 IC�� 4, �j g/r•Y INDIAN NECK II, LLC METAL WALKWAY RAMP DECK ON INDIAN NECK III, LLC RAMP GRADE INDIAN NECK IV, LLC PECON I C FIDELITY NATIONAL TITLE SERVICES, LLC TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK LITTLE CREEK Date Unauthorized alteration or addition to this survey Is a violation IV DOCK DETAIL I FEBRUARY 8 2018 of Section 7209,sub-division 2,New York State Education Law.(NOT TO SCALE) Scale PROPOSED 8' "DEER FENCE" 1° =100' Sheet No. f y 1of1 Project NO. Copies of this survey map not bearing the land surveyor's VIEW: 180016 embossed seal and signature shall not be considered to be a true and valid copy Rif i— Kv COUNTY OF SUFFOLK RECEIVED j MAR 13 2020 [Zonipg Board Of Appeals iS OFFICE OF THE COUNTY EXECUTIVE / Steven Bellone r- SUFFOLK COUNTY EXECUTIVE Natalie Wright Department of Commissioner Economic Development and Planning March 9, 2.020 Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold,NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should,not be construed as either an approval or disapproval. Applicant Municipal File Number Toga,Andrew #7403 Demato, Paul &Kelly #7407 Breezy Shores Community Inc. (Petsky Cottage#10) #7408 Indian Neck D(LLC- - #7410 Indian Neck IV LLC #7411 { Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein, Principal Planner TRK/cd Division of Planning & Environment H_LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,11th FI ■ P.O.BOX 6100 0 HAUPPAUGE,NY 11788-0099 ■ (631)853-5191 FORM NO. 3r ' NOTICE OF DISAPPROVAL DATE: March 5, 2019 RENEWED: November 13,2019 RENEWED: January 13,2020 AMENDED: February 24,2020 TO: Bill Kelly (Indian Neck III LLC) 22355 Cox Lane LLC RECEIVED Cutchogue,NY 11935 Please take notice that your application dated February 19, 2019 MAR 4 2020 For permit to legalize an as built an 8-foot deer fence at Zoning Board Of Appeals Location of property: 3123 Skunk Lane, Cutcho u�Y County Tax Map No. 1000 - Section 97 Block 9 Lot 10.4 Is returned herewith and disapproved on the following grounds: The proposed fence is not permitted pursuant to Article XXII Section 280-105C, which states, "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. This Notice of Disapproval was amended on February 24, 2020, when it was brought to the building department's attention that the deer fence had been erected without the benefit of a building permit. ZAuthori g tore 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 � TO: Bill Kelly(Indian Neck III LLC) RENEWED:January 13, 22355 Cox Lane LLC Cutchogue,NY 11935 RECEIVED Please take notice that your application dated February 19,2019 MAR 0 3, 2020 For permit to construct an 8-foot deer fence at Zoning Board Of Appeals Location of property: 3123 Skunk Lane, Cutchogue,NY County Tax Map No. 1000-Section 97 Block 9 Lot 10.4 Is returned herewith and disapproved on the following grounds: The proposed fence is not permitted pursuant to Article XXII Section 280-105C,which states "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 buildingpermitissued by the building inspector subject to the following criteria: The property is vacant and is not engaged in bona fide agdcultural production. Au ' ed Sign 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. Fee:$ Filed By: Assignment No. y a RECEIVED APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS USE VARIANCE MAR 0 ' 2020 House No. 3123 Street Skunk Lane Hamlet Cutchogue LZoning Board Of Apneel:; , SCTM 1000 Section 97 Block 9 Lot(s) 10.4 Lot Size 10.09 acres Zone _.. 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 III 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 for(x)Owner( )Other: Address: 33 West Second Street,Riverhead,NY 10019 Telephone: 631-727-2180 Fax: Email: mfmnegan@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, P 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) 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 1A substantial and competent financial evidence because: See attached. RECEIVED ' [AAR 0 03 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. .f 6. The spirit of the ordinance will be observed,public safety and welfare will be secured, and substantial justice will be done because: l�\k See attached. RECEIVED MAR 0 0" 2020 zoning Boai Of Ap�eols Signature of Ap icant or Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this Day of J nuary 2020 (Notary Public) zsA Appt 6/2012 tvc:ary'u�;c-S,a;a f�.e.vYcrk ,No 01KE63e7230 Gua if ed m tie,York County My Commissior Expires troy 13 2021 i ATTACHMENT TO AREA VARIANCE APPLICATIONS—OFRECEIVED INDIAN NECK II, LLC, INDIAN NECK III, LLC AND INDIANINECK IV, LLC REASONS FOR APPEAL: 11,11AR 0 3' 2020 The.Applicants are related entities that are record owners of the su j@Cf -aree'ls wlii6h_a►s collectively consist of 45 acres of farm land lying between Skunk Lane and Leslie's Road ir� Cutchogue. The three subject parcels are bordered to the north by a 78-acre farm p rcel (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 undesirableschange 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 thatJ 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. FMAR ED cO20 3. The amount of requested relief is not substantial because: onmg Board of P-Ppeals he Applicant submits that substantiality is irrelevant since dimensional re i`ef`i"s---- not sought here, however, even if it applies, the relief sought is not substantial in light of the size of the parcels. 4. he variance will NOT have an adverse impact on the physical or environmental conditions in the neighborhood or district because: he 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. a RECEI+✓(_D LIMITED LIABILITY COMPANY AGREEMENT 10AR 0 9 2020 OF INDIAN NECK III,LLC Zo ngcard T is Limited Liability Company Agreement (the "Agreement") of Indian Neck III, LLC (the "Co pany") 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 III, 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 Membe�. 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 III,LLC Limited Liability Company Operating Agreement Page 1 of 4 RECEIVED 9. Distributions. Distributions shall be made at such times and in sucbI VtoW ia�SO the Member shall determine. 10. Additional Contributions. The Member is not required to makerany Paddi'ti ri61L-�a}- 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, effecti ie 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. Assignments. The Member may assign in whole or in part its interest in the Company. 13. Resignation. The Member may resign from the Company at any time. 14. Liabilityof 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. 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 organi ation with the Delaware Secretary of State. IN WITNESS WHEREOF, the undersigned, intending to be legally bound hereby, has duly e ecuted this Limited Liability Company Agreement as of March 6, 2018. [Remainder of page left blank] Indian Neck III,LLC Limited Liability Company Operating Agreement Page 2 of 4 1 RECCHVED NDIAN NECK III,LLC 111iAR 0 ; By: Indian Neck Holdings, LLC Zor!i,i' Board Of P-;ppeal3 its Managing Member By: Aurelian Farms, LLC its Managing Member By: AGR Master, LP its Managing Member By: Aurelian Capital GP, LLC its General Partner By: O-L----- Ernest Scalamandre its Managing Member Indian Neck III,LLC Limited Liability Company Operating Agreement Page 3 of 4 - r-CFrvEp EXHIBIT A Member Percentag e-Inter-est _ Indian eck Holdings, LLC 100% Indian eck III,LLC Limited Liability Company Operating Agreement Page 4 of 4 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 INCLUSIO RECEIVED OF NEW PARCEL(S) INTO AN EXISTING CERTIFIE AGRICULTURAL,DISTRICT(S) IN THE COUNTY OF SUFFOL AUG 6 2020 - 2020 - INDIAN NECK HOLDINGS LLC (SCTM NOS. 1000 097.00-'09.00-010.004, 1000-097.00-09.00-012.000, 1000-098.00 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 provies for a locally-initiated mechanism for the protection and enhancement of New York State's agricultural lend 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 estab ished 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 requeist for inclusion of land which is predominantly viable agricultural 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 existaing 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 I certified Agricultural District No. 1, as recommended by the Suffolk County Agricultural and Farmland Protection Board; and be it further --RESOLVED,-ttrat-the-inclusion-of-the--parcei(s�identffted-ire--€xhlbit°A!-in ---- existi g certified Agricultural District No. 1 is hereby approved, adopted, and referred to the i r Com issioner of the New York State Department,of Agriculture and Markets for review and certification 'as required by Section 303(B)(4) of Article 25-AA of the New York State Agric Iture and Markets Law; and be it further 3rd RESOLVED, that the Clerk of the,Suffolk County Legislature is hereby-directed to sub- it-'this.. resolution including the list of parcel(o) in Exhibit "A'",.the rtodrt of the Suffolk # ;Qouniy/agricultural and Farmland,Protection,Bpe rd, the tax reap ldentifi'catiomnumbers,Wid tax maps1fbr each parcel of land to b included in air Agricultural.District-to the `d0mmiseiorter of the N w York State Department of'Ag6dulture-arid'Markets.,silo,be it,ftf ther 4th RESOLVED, that Suffolk-County,.as SEQRA Lead Agency; hereby classifresthe: proposal ,as an Unlisted Action under. the. Tov.Wons of Title 6�NYdRR.Pert 417 and Qbi pter 450 of'the Suffolk County Code;,and,be it,further 5Ih RESOLVED, that,;Suffolk County, as $EQl3A Lead Ageney, hereby frtds and determines that the proposal, pursuant to Title 6 NYCRR Part=6'17 and Cha'ptef-450;'of,the Suffolk County Code, will not have significant,adverse impacts on the environment for tho follo"l�,ing reasons.' 1. the-proposed action will not exwed any of the criteria in Section 617.7 of Title 6, NYCRR which sets forth, thresholds for .determining significant effect on the envirAnmrpt, as demonstrated. in the- Environmental ASsestMent.Form; 2, the propAsel, does:-not appear to signifcontly threaten,any unique,,ar,' highly valuable environthintal'a`r cultural resQ66rces,.as ld6htified_h of-, regulated by the nVirgnrrrentsl Go4-WrVAiion Law of the Mate of New Y.or-k br-the SUffolk Cauhty Charter Axid- od6, 3. the subject proparty does Trotappear to suffer front any Severe Envii'©irrmerttal'dsvetopmerit coristreints'�Jimitiiig,.soii'prepiertiE's; a.hi�h groundwater table, anrllor unmarragga(ble-slopas); and be i#,further 6t" RESOLVER, that Suffolk, County hereby- adopts, a determinatit6h Of nom significance (negative declaratio'h) and the Council of EnvirOntnondtaf Quality ie hereby directed, to circulate.and file all necessary notices iii-accordance with this-resolution: DATEI D: June 23, 2020 -APPROVED BY: County Executive of Suffolk County Date: JUN 3 0 �p20 2 i i 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 132.3 3 SUFFOLkCOUNTY ?'his is to Certdfy That 1, .Amy Ellis, 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 JUN 2 3 2020 and that the same is a true and yoo�. orb correct transcript of said resolution and of the whole thereof. In Witness "hereof I have hereunto set my hand and the- official seal of the County Legislature of the County of Suffolk, o��. .*.`.`fir Z• ler of the t. Islature er I DLR. P.Mj B.A. I C.B.A.:1 -1445Res. No. SD Date=6/23/20 Motion: Co-Sponsors: Krupski,Fleming,Sunderman,,Muratore,Hahn,Anker Krupski,Fleming;Sunderman,Muratore,Hahn,Anker Cal arco,Piocirillo,Gon lez,Cilmi,Flotteron,Kennedy Calarco,Pidcirillo;Gonzales Cilmi,Flotteron,,Kennedy Trotta,McCaffrey, chbet ,Berland,Donnelly,Spencer Trotta,.McCaffrey,,Richberg,Berland;Donnelly,'Spencer Second: ups',Fleming,Sunderman,Muratore,Hahn,Anker Calarco,Picciriilo,Gonzalez,Cilmi,Flotteron,Kennedy Trotta,McCaffrey, Richberg,Berland,ponnelly,Spencer 'fin ' ';"e»rrz. 'x..•, v. •7 .':•��, '' jiti!• ,, �h� 9i�. `.10k,10 4s>r^:-�.�,.qk;.,:,+r '"i?n'lt",y j- `:t t.k' _ .•t -r g• 'rc„a's,.lr'$i! 5.;=+ _ 7lm �Y,4 �.b, 'N >.'r. ' 01 1 Albert-J: KRUPSKIke Out of Order 2 Bridgl'et FLEMING JApprove 3 Rudolph A. SUNDERMAN Tablet. 4 Thomas MURATORE —Table-Subject To Call 6 Sar" S.ANKER EX'tend Public.Portion 8 Anthony PICCIRIL- I-Q Close,l?i blit, 6rtibn 9 Sam el GONZALEZ Reconsider' 1P Thomas C1LM1 Close•Public.Hearing 11 Steven J. FLOTTERON Recess Pu'b1�c Hearing 12 Leslie KENNEDY 'Send To Qomnnittoe' 1P 'Robert TROTTAWaive.Rule 14 Kevin J. Ai'ICCAFFREY Recommit 1'5 Jato�i A. RICHBERG Override Veto 16 Susan A. BERLAND Lay On The Table 17 Tom DONNELLY -Withdrawn 18 William R. SPENCER APPROVED V1 FAILED 5 Kara HAH'N, DA.O. No Motion_ No- Second.-7 Rob CALARCO, P.O. f - i2F Totals w _ADOPTED NOT ADOPTED - y EI is, C of the Legislature Roll Call v Voide Vote APPLICANT'S PROJECT DESCRIPTION APPLICANT: Indian Neck III LLC DATE PREPARED--01/.07/2020 1.For Demolition of Existing Building Areas } Please describe areas being removed: N/A MAR ® � X020 5oard Of Appeals 1== II.New Construction 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: Num�er of Floors and General Characteristics BEFORE Alterations: Num er of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage(from surveyor): Existig 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.P rpose of New Construction: _Constructing 8-foot deer fence for protection of current and proposed agricultural operations. VI.Pease 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 i-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 AGRICULTURAL DATA STATEMENT RECEIVED ZONING BOARD OF APPEALS TOWN OF SOUTHOLD MAR 2020 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,pwithiw,an agric.'ulturaGpeal s distric�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 III LLC 2. Address of Applicant: 1350 venu mere u► e w or ,NY 10019 3. Name of Land Owner(if other than Applicant): Ernest Scalamandre,Sole Member 4. Address of Land Owner: 5. Description of Proposed Pr i Sect: Construction of an 8-foot deer fence. 6. Location of Property: (road and Tax map number) 3123 Skunk Lane,Cutchogue,NY--SCTM#1000-97-9-10.4 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 I. Please_ see a-Nao-, d uS4 2. 3. 4. 5. 6. (Please use the back of t s page if there are additional property owners) 01 Z g 2020 Signature of Applicant 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. rhe cost for mailing shall be paid by the Applicant at the time the application is submitted for review. Indian Neck III Deer Fence Variance Application—Agricultural Data Statement 1000-97.-8-31.2; 195 Little Neck Road, Cutchogue Albert J] Krupski Jr. F RECEIVED 2790S Lane Cutchogue,NY 11935 f��IAR -0 1000-97.-8-31.4; 2790 Skunk Lane, Cutchogue zor mg Board of Appeuls Albert J! Krupski Jr. ------- 2790 Skunk Lane Cutchogue, NY 11935 i QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION RECEIVED A. Is the subject premises listed on the real estate market for sale? �,(�W 11 aR C� 0 L� Yes X No B. Are there any proposals to change or alter land contours? Zor,ln�s t���- +�- Of App,8 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 subrmtting? 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. 1. 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,po 1 or other) Z 8 Zo20 Authorized signature and Date 617.20 '0 Appendix B RECEIVED Short Environmental Assessment Form Instructions for Completing Part 1 -Project Information. The applicant or project sponsor is responsible for the completion o_f Par_t1i Responses become part of the application for approval or funding,are subject to public review,and may subjecrro-furtlier„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): 3123 Skunk Lane,Cutchogue 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 III 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? 10.09 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 M Rural(non-agriculture) ❑Industrial ❑ Commercial ❑Residential(suburban) ❑Forest ®Agriculture ❑Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 J 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? x b.Consistent with the adopted comprehensive plan? x 6. Is the proposed action consistent with the predominant character of the existing built or natural l,�GQ —NO YES t'•.LI�L L landscape? x 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Env#rortie�ntal Area? NO YES i, ie v Lug. If Yes,identify: x 8. a.Will the proposed action result in a substantial increase in traffic above present_'levels?�"_',f `"r. Y'"_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: 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 a � 1 r--rr�TV=n i 19.Has the site of the proposed action or an adjoining property been the loLation of an active or closed NO YES solid waste management facility? 1�2 0 d" '202 fl ! 4 If Yes,describe: � X � 3 -ri c-)r -T r,F,Is , 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: X I AFFIRM THAT THE INFO ATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/spo sor name: India ec III LLC Date: 01/ZO/2020 Signature: lest Sea la iiia ember 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 No,or Moderate small to large impact impact _ may ay m F---r — r,`occur_p occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? r i 1 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 oEPat 3: Foiavery"�' 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 Town of Southold �\' LWRP CONSISTENCY ASSESSMENT FORM RECi N`D A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies hall complete this CCAF-for proposed actions that are subject to the Town of Southold Waterfront Consistency keview-L,aw: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# 97 - 9 - 10.4 The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. x Zoning Board of 0 Board of Trustees 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 an 8-foot deer fence to protect current and proposed agricultural operations. Location of action: 3123 Skunk Lane,Cutchogue Site acreage: 10.09 F_ ,_ , Present land use: Agricultural 0 a HIT Present zoning classification: AC +� Zv^lflg Boa'-Cl Of A',-)peals 2. If an application for the proposed action has been filed with the Town of"Sbuthold agency,--the following information shall be provided: (a) Name of applicant: Indian Neck III LLC (b) Mailing address: 1350 Avenue of the Americas,Ste 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 ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section M—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 RECEIVED �yy Yes No Not Applicable I D ® pp �l ,� r 4 l R 1 ! !�1 f r�11 � Qi?IlCj Qc i G Of tai peals j 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 © 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 [] 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. 0 Yes 0 No® Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LW ection III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes ❑ NoF*-] Not Applicable REcr1VED Vi AR, V 2' 2RI I 1 7on!nq Esoard of Tpper) ls 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. ❑ Yef] 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 RECEIVED �,h A ly a ❑20 � 1 Attach additional sheets if necessary LZonir�yF�oru UP P.p J?als� :J 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 FRECEIVED Board of ZoninE Appeals Application [',.1 f`,r 0 j zUr- AUTHORIZATION Zoning Board Of j6,p pals (Where the Applicant is not the Owner) ^--- Ernest Scalamandre, Sole Member I, of Indian Neck III 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 Zoning Board of Appeals. Indian NeckII C x - (Owner's Signature) Ernest Scalamandre, Sole Member (Print Owner's Name) i AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town!lofricersrand-employees.,The Pu pose of this form is to provide information which can alert the town of possible conflicts of interest anWalio' it id6ke°whatever action is necessary to avoid same. YOUR NAME : Martin D.Finnegan Zone�� Qoa;d Of Appeals (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 Fe6roarc/ Submitted this a of"day ,20 20 Signature Print Name Martinnegan APPLICANT/OWNER RECEIVED TRANSACTIONAL DISCLOSURE FORM nP 0 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and e`ii ploy es.ThEe 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. Boardcj r LZ 0_r11 r, YOUR NAME • Indian Neck III LLC (Last name,lirst name,middle inifial,miless you are applying in the name of someone ase 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 ZO ay of January 2020 Signature Print Name Ernest Scalamandre,Sole Member of Indian Neck III LLC ,Y, Y Occr-Rnocf,b&illa boMs on Le sl i e's Road od F �4 t ` IPLO -77 - u• / _ SAS �6� -2-?' wA ^r SRgiV7 A�l _ r RF L' r..,ev.. ,ire;j. -.•!" .:: - "_.. =o ,, �S`•.h •. -- _ _\-�„►a c _ _. _ - �yq� - • r - _ .� .������ ��. za:-.;...�_.�,�%-j* i►,i �'.�7' �. s�:-T •`.?m. *r,.., ���i.` •'�.�i �ti�.!R�.al'.•: v 410 ` ,,�"-'Tj 1� g,.. n.. "'-'�'i -... 'S ,�, i� Z`A,�G •►` �.: J '.One- wr jyi �. �`" �•}.._�. _ .:y�":-• _ r;°A f �. �Y"i �, �+l r�y��?L��-��°" -..♦ �.bx-,'��/$',V:sf�;"��tt,1�..,�"� �'S'wAi�l...�ts��• �',•"', ,`,..,�.y�a�`.. �''" ; ,l. .:����� � �. �l�g: ��_ �' . . '-�� ._:� �:�t!'�������`s'R:a'-vY'�'!�.t,:'r.9:.����a ����::�'1J '����"�?�- .��s.+�l�� � �i_i•'i '`�•'®'M`+� !i� � "� j j� oet V. WE � J ���Y �1� � !7 ,C``t.' i' �r �•�� �f� r i ,ra,� w *� �15,'% � rgi' ..r. �/. i „ •� ;,,.�- gyp. _ r� _ .r ,•,► , r.Fr1• .t.� f, �it� �• i .� ,, ;� •y' � • ,- J • �,��,� .. '_ it ,• - _ -.v?. .. � i . x _ _ .. � F �.�, ' ��' '►••• .>ffF..�-.]' _ �` r? � ti,ti �` x •aiyi�L� sem/.'�- . -'�.{ �"' i i: �n�t;t i {•a l y cT d` t �f r -..�„� ., ,.�..• - _'.-' r�r .r} t •ti '1 � i � r •r �J ,. 1 f'1 � y" /' � \7kaa`' �.�, -Ry �.��Y�d ��. '�-�• � � ��• _:��1.. .yt¢-�1. Oeer Ind parvo-son Leski es Coad Jr r � r i 6 t / Y 1 - > rare a< 5,14 r� F po "" # ! - 'e.. `of 'c` a� � `.�. ii's •r)y, � �'+';. II �.�r �''F�3,�J It it tL + iI � t�� .s '. CA a.l::.'.1�.�..� ,..1'. •i� \' _ - ..$iV.-. :�,. V: �L�a� IW •d�++ �►/�, 'o':-►�.a �. � ', } jay o NEEL— v .. aKn _ _ .._ _. .._ -�..;fix.y.���y.,•,�iy'; i TOWN OF SOUTHOLD PROPERTY CARD --- - --- - OWNER (STREET 3 a1 VILLAGE I DIST. SUB. LOT u-1. FORMER OWNER N E ACR. S Yy TYPE OF BUILDING i h' � Lei SEAS. I VL. FARM COMM. CB. MICS. Mkt. Value I LAND IMP. TOTAL DATE REMARKS r' ovc� (iD 360p o1WJ7VI R• atJf ---- .rT {CGCG' 1: Kwu-, 4o A ii Y o o- o le b _Ye- jJ 2 0 9 a Gts..) /0 }I?a 4NJS�Crcd P 9'S I oc0 43,5109-L ha 5 3/ 3�ku�k IA 0 6 • v L� Lc- irdi : MM V Tillobie �- y.�� FRONTAGE ON WATER Woodland �,,,,,, i FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total COLOR TRIM y I C) p � iL U o LLI G_ LC I I M. Bldg. ------ � Extension t Extension Extension t Dinette Foundation Both I I T perch (Basement Floors K. Porch Walls Interior Finish LR. Breezeway _ _ _ r /-fit ire Place Heat DR. Garage �-�� ype Roof Rooms 1st Floor BR. 7 j Recreation Room Rooms 2nd Floor FIN. B 12--x:2-4 =Z�8X3=86� �� �O. � Dormer Drivewcyj Total Q��1 viz � S - 1-� �• 1 i R Twomey Latham SHEA, KELLEY, DUBIN & QUARTARARO, LLP Thomas A Twomey,Jr. Martin D.Finnegan (1945-2014) Partner Stephen B.Latham John F Shea,III 631-727-2180,x-265 ChristopherD.Kelley David M Dubin •. rllfinneean,w .c 'suflolklawoni Jay P.Quartararo t Peter M Matt February 13, 2020 Janice L Snead Anne Marie Goodale .� �� I Bryan C.Van Cott . By Hand Kathryn Dalli Laura I Dunathan Patrick B Fife RECEIVED Martin D.Finnegan o Ms. Leslie Kanes Weisman, Chairperson Reza Ebrahimi Zoning Board of Appeals Jeffrey W.Pagano ■ Karen A.Hoeg Town of Southold EB 14 2020 Bernadette E.Tuthill p 0Box 1179 Craig H.Handler P.O. Zoning B Southold, NY 11971-0959 Board ofgppee1� Bryan J.Drago Alexandra Halsey-Storch Re: Area Variance Application of Indian Neck III LLC Melissa S.Doris Katerina Gnnko Premises: 3123 Skunk Lane, Cutchogue,NY Lorraine Paceleo Terrence Russell SCTM#1000-97-9-10.4 Daniel R Bernard to Christina M Noon A.Chadwick Briedis 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 Kinirons the required filing fee anan orand l d i original d (/ ) copies ies of the following Patricia J Russett1� 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 ♦ NY&NJ BARS O NY,NJ&PA BARS of explanation; ■ NY,NJ&DC BARS A NY,NJ&FL BARS 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 February 13, 2020 Page 2 of 2 10) Color photographs of the subject premises; 11) Copy of the Town's property record card; 12) Current surveys of the subject premises. 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. Very truly yoTirs, a innegan MDF/as Enclosures cc: Ernest Scalamandre ®4S%1FF0(�c® y ELIZABETH A.NEVILLE,MMC �Z• r/y Town Hall,53095 Main Road TOWN CLERKo= P.O.Box 1179 C4 Z Southold,New York 11971 REGISTRAR,OF VITAL STATISTICS p • Fax(631)765-6145 MARRIAGE OFFICER y� ®� Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER 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 5, 2020 RE: Zoning Appeal No. 7411 Transmitted herewith is Zoning Appeals No. 7411 Twomey,Latham, Shea,Kelley, Dubin & Quartararo LLP for Indian Neck IV LLC: Notice(s) of Disapproval The Application to the Southold Town Zoning Board of Appeals Applicant's Project Description Questionnaire Correspondence- D r go b,�+o Z A-�r� 1-lc���•-+�'�• 1nncV rn, 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: 03/05/20 Receipt#: 267941 Quantity Transactions Reference Subtotal 1 ZBA Application Fees 7411 $25000 Total Paid: $250.00 Notes: Payment Type Amount Paid By CK#76314 $250.00 Twomey, Latham, Shea, Kelley, Dubin & Qu 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 7411 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, 7411 Shea, Kelley Dubin & 76314 $250.00 Quartararo LLP for : RECEIVED INDIAN NECK IV LLC MAR - 5 2020 Southold Town Clerk TOTAL $250.00 Sent via Inter-Office to Town Clerk by: ES Thank you. ,L° �„� -- y s ,.r- ...4, _ - X•.:. _ r .'rT°"� .w. 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BOARD MEMBERS ®F $®v Southold Town Hall Leslie Kanes Weisman,Chairperson ®� liy®l 53095 Main Road•P.O.Box 1179 ® Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA Town Annex/First Floor, Robert Lehnert,Jr. • �O� 5437.5 Main Road(at Youngs Avenue) Nicholas Planamento ®lil��+®U �\ Southold,NY 11971 http://soutboldtowliny.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.southoldtownny.gov/calendar.aspx. If you do not have access to 1:00 P.M. - INDIAN NECK III, LLC #7411 - 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: 3123 Skunk Lane, Cutchogue, NY. SCTM No. 1000-97-9-10.4. 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 BOARD MEMBERS Southold Town Hall Leslie'Kanes Weisman,Chairperson �O��o� $0(/ryOlO 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora - Office Location: Eric Dantes N Town Annex/First Floor, Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue) Nicholas Planamento y��UNT`1,� Southold,NY 11971 http://southoldtownny.gov 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 August 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-mail. 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•//24 38 28 228:2040/weblink/0/doc/1022250/Pagel.asi)x. We ask that you scan and email the USPS mailing receipts, green signature cards and affidavits to kimf@southoldtownny.gov, 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 rlvTlr:. E F HEARIi4o The following application will be heard by the Southold Town Board of Appeals VIA ZOOM WEBINAR - REFER TO ZBA WEBSITE FOR AGENDA on http : southoldtownny. ciov NAME : INDIAN NECK III , LLC #7411 SCTM # mN 1000-97-9- 10 . 4 # 'ARIANCEmm HEIGHT OF FENCE REQUEST : LEGALIZE "AS BUILT" 8 FOOT HIGH DEER FENCE DATE : THURS . , AUG . 65 20 :20 100 PM You may review the file(s) on the town 's website under Town Pecords/Weblink : ZBA/ Board Actions/ Pending . ".BA Office telephone (631 ) 765-1809 TOWN OF SOUTHOLD r ZONING BOARD OF APPEALS Appeal No. SOUTHOLD,NEW YORK AFFIDAVIT OF In the Matter of the Application of: MAILINGS (Name of Applicant/Owner) �/�3 SSU Laae- L/rr1 SCTM No. 1000- UT-10> `/7 (Address of Propert ) (Section, Block & Lot) COUNTY OF SUFFOLK W STATE OF NEW YORK tt I, ( ) Owner, (X) Agent MnOn n h• T-f nne�a n situ g- w 4han Au Gid" ,,�3 uo• se(()r) 3jgeej+ kr►UeYWNew York, being duly sworn, deposes and says that: On the o?7 day offJ Y , 20 a�, I personally mailed at the United States Post Office in Owe-(head ,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 0Assessors, 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 ro erty. (Signature) Swo, to before me this ay of —S-01 , 2080 Geraldine L. Fanning Notary Public State of New York otary Public) Suffolk County LtC' /#01 A6137548 PLEASE list on the back of Affidavit or on a sheet of papef2 umbers 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. 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' 0 ❑Adult Signature Restricted Delivery$ I 0 ❑Adult Signature Restricted Delivery$ = Postage Postage y ; -a $ � $ 0 Total Postage and Fees M Total Postage and Fees Ln $ Ln $ ,•-q Sent To Sent To ---- --- ---y---- 0-.l --iL ['�. -- g --- StreetandApN. PO ------------------------------------- StreetandA� o - Box F. -- ---'--""---------- � Q/� O --------------------- _ f� Gas / PO 6a x 7S� -------------- 1�SS Crry State, U /jl� ------------ Cdy State, lP+4° �L93s— rJ a /1\///q-2s V � o • Marianne Allen Aidan Boland 1410 Leslie Road Cutchogue,NY 11935 98.-1-2.16 John Pontino Joseph H. Pontino Post Office Box 11 Peconic,NY 11958 ' \V\ 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 1]935 97.-9-4 Frank and Donna Vilardi 3123 Skunk Lane; Setm 1000-97-9-10.4 97.-8-31.2�gr ®` lbert J. pski Jr. 2790 Skunk Lane Cutchogue,NY 11935 97 -9-1 atthew 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 ichael P. Cosgrove Melissa A. Cosgrove Post Office Box 418 Cutchogue,NY 11935 9 .-9-4 rank and Donna Vilardi 123 Gordonhurst Avenue Upper Montclair,NY 07043 V640/9-5 nald E. and Barbara A. Schilley 0 Les lie Road Cutchogue,NY 11935 -9-6 Vevin J. Magill 480 Leslie Road Cutchogue,NY 11935 1 .-9-7 VVV Wieslaw Lasota Anne Lasota 360 Leslie Road Cutchogue,NY 11935 I -9-8 Gerald R. Geiger 200 Leslie Road Cutchogue,NY 11935 97.-9-9 � Jonathan Baker Sarah T. Mastracco 277 Sackett Street, Apt. 2 Brooklyn,NY 11231 9 .-9-10.3 Judy Teeven Post Office Box 279 Southold,NY 11971 X98 -2.1 Neck IV LLC nest Scalamandre 1350 Ave Of Americas Ste 2300 New York,NY 10019 97. 8-31.4 Agr bert J. Krupski Jr. 2790 Skunk Lane Cutchogue,NY 11935 r - 1 123 Gordonhurst Avenue Upper Montclair,NY 07043 97.-9-5 Donald E. and Barbara A. Schilley e 640 Leslie Road Cutchogue,NY 11935 r r 97.-9-6 Kevin J. Magill 480 Leslie Road Cutchogue,NY 11935 Wieslaw Lasota Anne Lasota 360 Leslie Road Cutchogue,NY 11935 97.-9-8 Gerald R. Geiger 200 Leslie Road Cutchogue,NY 11935 97.-9-9 Jonathan Baker Sarah T. Mastracco l 277 Sackett Street,Apt. 2 Brooklyn,NY 11231 97.-9-10.3 Judy Teeven Post Office Box 279 Southold,NY 11971 98.-1-2.1 Indian Neck IV LLC �T C/O Ernest Scalamandre 1350 Ave Of Americas Ste 2300 New York,NY 10019 97.-8-31.4 Agr Albert J. Krupski Jr. 2790 Skunk Lane Cutchogue,NY 11935 Posta © RECEIPT Domestic�,.LRTIFItD MAIL rn [I � 0 F A ru —0 Certified Mall Fee � c rq $ Fxtra ry wm&Fees(cheakbM add Tee as eppropdate)Y ❑Rsmm P,-Www r(todwFA $ 1 ❑Kamm Receipt(etecw^ic) $ Postmark M 13cllwmEd'Re W`wDell M s- 0 — Here'. M ❑AdultSigi—Required ; 0AduN Spa—R-bkted De1Prery$ O Postage "� Tofsl P go and Fees O ABT ; o o� X o-fir__c� ----------- =`gip - (� n _ ----------- rooKl N�!Ia 3 I ary,sree, 'i 4 11 SENDER',COMPLETE ■ Cpmp ete ns 1,,2,and 3. A. Signature ite"i i ■ PrinUyour Mame and address on the reverse X C q ❑Agent so that.we;can return the card to you. ` ❑Addressee ' ■ Attach this card to the back of the mailpiece, B. Re ived by(P inted Name) C. Date of Delivery or on the front if space permits. 0�� 30 °Z0 1._Article Addressed to: _ D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: o Wieslaw Lasota Ainrie Lasota 3601eslie Road i Cuttfhogue, NY 11935 I _ . II IIIIII IIII III Ii I II II II II I I III II I II III III 3. Service Type ❑Priority Mail Express® ❑Adult Signature b Registered MaIITM WCAdult Signature Restricted Delivery F]Registered Mail Restricted ertrtied Mad® Delivery 9590 9402 2671 6336 9473 34 1-]CerNed Mail Restricted Delivery ❑Return Recelptfor ❑Collect on Delivery Merchandise ❑rl Insured Mail Collect on Delivery Restricted Delivery ❑Signature Confirmation"' 2. Article Number(Transfer from service label) ❑Signature confirmation ?020 0640 0 0 0 0 716 2 ?590 I Insured Mall Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt "SENDEMCOOPLtl SECTION" • 6N bN• ■ Complete items 1,2,and 3. A. Signatu ■ Print your name and address on the reverse X 9 ❑Agent i so that we can return the card to you. dresses ■ Attach this card to the back of the mailpiece, eceived by(Printed Name) C. Date of Delivery or on the front if space permits. 1. Article Addressed-to. D. Is delivery address different from Item 1? ❑Yes If YES,enter delivery address below: ❑No i John O. Goodwin 1040 Leslie Road Post Office Box 750 r Cutcnogue, NY 11935 4 II I IIIIII IIII II I II I II II II I II I III II IIIIII I III 3. Service Type ❑Priority redd Express® ❑Adult Signature El Registered MaiITM' ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted Certified Mad@ Delivery 9590 9402 2671 6336 9473 89 Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect an Delivery Merchandise _9 Crtirla Ni imhar.rTransfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm 1 D Insured Mail El Signature Confirmation r 7 015 0640 0005 9173 4882 ri Insured Mail Restricted Delivery Restricted Delivery i - (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt SE�• • • n e • • . i IV ■ Complete items 1,2,and 3. A. Signaiure� �1 � I c� 11 Agent ( ���.....✓✓✓ j ■ Print your name and address on the reverse ,td') C'-1 -I [3 Addressee I so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ( ■ Attach this card to the back of the mailpiece, '�_ 30- ao i or on the front if space permits ]._Article Addressed to: D. Is delivery address different from item 1? 13 No i If YES,enter delivery address below: Matthew R. Lindsay �' Christina J. Lindsay 1170,Leslie Road Cutchdgue, NY 11935 3. Service Type 17 Priority Mall Express® II IIIIII IIII III I III II II II I II I I III II I'II II Jill ❑Adult Signature Restricted Delivery ❑RegisterSignature CI ed Mail ReMail- stricted, lKertified Mail® ❑Return Receipt for 9590 9402 2671 6336 9473 96 ❑Certified Mall Restricted Delivery t Mercha ❑Collect on Delivery Merchandise [i collect on Delivery Restricted Delivery ❑Signature Confirmation ! �2._Article NNumber(transfer from service laben ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery . 7015 0640 0005 9173 4875 (over$500) PS Form 3811;Ju1y'2015 PSN�7530-02-000=9053 i I Domestic Return Receipt i i II I i • • • ® • ETE THIS S CTI® • • ■ Complete items 1,2,and 3. A. Signature /n p Gi ❑Agent r ■ Print your name and address on the reverse X /� ` l 1 ❑Addressee so that we can return the card to you. B. Received by(Pr�nfed Name) G. Date of Delivery ■ Attach this card to the back of the mailpiece, �,{ �� it ( or on the front if space permits. 6 i --l—Article Addressed to: D. Is delivery ekdress different from Item 1? ❑Y t If YES,enter delivery address below: o j Kevin J. Magill i 4801eslie Road } Cutchogue,_NY 11935 i III 111111 IIII III I II I II II II I II I I III II I I III II III Service Type El Priority Mail Express® 13 ❑Adult Signature d Registered MaiITM I Adult Signature Restricted Delivery ❑Registered Mall Restricted' Certified Mall® Delivery 1 9590 9402 2671 6336 9473 41 ❑Certified Mall Restricted Delivery EI Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation krttchNum6ecftransfeGfrom_service label) ❑Signature Confirmat!on Insured Mall , t i i Restricted Delive 7 0 2 0;';0 6 4 0 0 0 O.q ,7,16 2 i,7,5 8,3 ;`; ".Ulsured Mail Restricted oenveryl i; i t ry _ (over$500) PS Forni 3811�1,ZJuly 20151PSN 7530-02-000-9053 Domestic Return Receipt I i COMPLETE THIS SECTION ON DELIVERY • COMPLETE • \ I� ■ Complete items 1,2,and 3. A. Signature d X TA P r C, i� ❑Agent ■ Print your name and address on the reverse ]4 J I ❑Addressee so that we can return the card to you. BPrinted Name) C. Date of Delivery B. Received b j ■ Attach this card to the back of the mailpiece, r W`1 or on the front if space permits � �� 30-0116 ' .1—Article Addressed_to: _ _ D. Is delivery address efferent from item 1? ❑Y ge y T If YES,enter delivery address below: swo ! Donald E. and Barbara,A.Schilley,,'-e;�+� ` 640 Leslie Road _ a Cutchogue, NY 11935 ? w _ 3. Service Type ❑Priority i II I IIIIII IIII III I II I II II II I II III II II II I II III Mail Expre ss® I °p�ery�dMaIlTh l�AdSnature Restricted Delivery ❑Registered Mail Restricted Certfed Mail® 9590 9402 2671 6336 9473 58 0 Certified Mal Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise j ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTm' 2. Article Number(transfer from service/abed, — ;ured Mad E3Signature Confirmation j _ 71120 ,0 6 4 0 O.D O D,,716 2 7 5 7 6 Lured Mall Restricted Delivery Restricted Delivery er$500) ° PS Form 3811,1 Juty'2d151 PSN 7530-b2-000-9053 1 SENDER- qoIliqPLETE THIS SECTION' COMPL9.7=THIS+ Domestic Return Receipt f SEPTION ON DELIVERY - ■ Complete items 1,2,and 3. A. Sign ure j ■ Print your name and address on the reverse nt q so that we can return the card to you. Addressee! I ■ Attach this card to the back of the mailpiece, R ceiv d by(P ted Name) C. Dat of De very I or on the front if space permits. ( f,1�Article Addressed-to: D. I e every address different from item 1? Yes i jLelissa)A. P. Cosgrove If YES,enter delivery address below: ❑No I 11 i f Cosgrove I I 1ce Box 418ue, NY 11935 ! III111111IIIIIIIIIIIIIIIIII II(IIII IIII II IIIIII 3. Service Type t7❑Priorityred Express® ❑Adult Signature Registered Mall*r^ + J{ ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted OF Certified Mail® Delivery 9590 9402 2671 6336 9473 72 ❑Certified Mad Restricted Delivery ❑Return Reeelpt for } ❑Collect on Delivery Merchandise _2._Article Number(Transfer from service labeq ❑Collect on Delivery Restricted Delivery ❑Signature ConflnnatlonTM' — - — ^'-sured Mail ❑Signature Confirmation 70211 11640 0000 716 2 7552 ser$50 ail Restricted Delivery Restricted Delivery i Ps'Form 3811;July 2015 PSN 7580-02-000-9053 Domestic Return Receipt , + a— e • '�THIS�§eCTION COMPLETETHIS��§,4CTIONON bELWERV i 4 ■ Complete items 1,2,and 3. A. Slg�ature p { s Print your name and address on the reverse X C l E3 Agent 1 so that we can return the card to you. ❑Addressee I ■ Attach this card to the back of the mailpiece, B. Rec ' ed by(Printed Name) C. Date of Delivery or on the"front if space permits. i r i I_i_Article Addressed to: D. Is delivery address different from item I? ❑ s f If YES,enter delivery address below: EYNo y Gerald R.Geiger 200 Leslie Road Cutchogue, NY 11935 3. Service Type ❑Prionty Mad Express® I I, II IIIIII IIII III I I!I II II II I II I I III II II I II I I III Q Adult Signature 0 Registered MalIT" Certfled Maur Restricted Delivery El Registe d Mail Restrictedly f 9590 9402 2671 6336 9473 27 ❑Certified Mad Restricted Delivery ❑Return Receipt for 1111 ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature ConfirmationTA' �2._ArtiCle_Number(Transfer from service label)? 9 Insured Mad ❑Signature Confirmation 2 0 `F 0;6 ITO;.,�0 i-71,6 2 'r 6 6 :a 1;1 Insured Mad Restricted Delivery i +, !Restricted Delivery t :s i; (over$500) + PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt " f4 _ Ii!!iL C ® • • • ON sEL ■ Complete items 1,2,and 3. A. Signature ■ Print your name and address on the reverse13Agent ) so that we can return the card to you. ❑Addressee 1 tis card to the back of the mailpiece, B. Received by(Printed Name) C. Date of Delivery front if space permits. :._ _,.ncie badressedto. D. Is delivery address different from item 17 ❑Yes j +' Fr-ilk aL-Donna�-.Vjtardi- if YES,enter delivery address below: ❑No 23,Govenue Upper ��.;�.043 II I IIIIII IIII II! II I II II III 3. Service Type ❑Reg(st Marl Express® II I I III II I II I I I I�II Q AdultSignatureI � Q RegrsterQd Meth^,'"; Adult Signature Restricted Delivery Q RegisteredMail,Restriotedi 9590 9402 2671'6336 9473 65 ertified Mail® Re ' ❑Certified Mall Restricted Delivery ❑Return Receipt for' ❑Collect on Delivery Merchandise'' _2. Article_Number_f-r_ansfer from service label ❑Collect on Delivery Restricted Delivery ❑Signature Confirmatlonm 7 0 2 D 6 y 0 ) —� 1 r -isured Mail i ` i, {{ I❑Signature Confirmation L _ 0 0 0 '7'i 6 2 `7 516 9 ' ' ' i iver$ Mall Restricted Delivery I I l ,e'Restricteii Delivery Iver$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt w �! J gTE THIS SECTIO . . . ■ Complete items 1,2,and 3. A Signature ■ Print your name and address on the reverse X 13Agent so that we can return the card to you. I ❑Addressee f P � ri to Name) C. Date of De ivery ?■ Attach this card to the back of the mailpiece, B. Received by(„ �' �^� or on the front if space permits. �((,(,� —I.-Article-Addressed to: D. Is delivery a dress different from item 17 ❑Ye { If YES,enter delivery address below: 0340 Albert J. Krupski Jr. .r-?'790 Skunk Lane . P�Cutchogue, NY 11935 l 3. Service Type ❑Priority Mad Express@ II I I IIII IIII III I II I II II II I II I I IIII IIII IIII III C]Adult Signature tJ Registered Mail ❑Adult Signature Restricted Delivery ❑ Restricted, Mail Restricted, j AWerttfied Mail® Delivery 9590 9402 2671 6336 9458 97 ❑Certified Mad Restricted Delivery ❑Return Receipt for J 13 Collect on Delivery Merchandise --2.-Article Number(Transfer from service label) ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation"i EI-Insured Mail ❑Signature Confirmation L 7 015 ';0 6 4.0;,0 0t0 S; 917 3;t4 6`,619 '•.'• Insured'Mail Restricted Delivery t Restricted Delivery :! ;over$500)t t t t t i t i t t PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt "_t_t_) iIIIIl II t 1 II 111 in It J ' COMPLETE • • • ON'DELIVERY j ■ Complete items 1,2,and 3. ;�Wl ■ Print your name and address on the reverse ��,{ ❑Agent 1 so that we can return the card to you. '�V_ EI Addressee I ■ Attach this card to the back of the mailpiece, B. R eived hv d I C. Date of Delivery or on the front if space permits. O U 1. Article Addressed to: D. Is delivery a dress djfferCprrorn•itern 1? ❑Yes If YES,enter deli q 'et-u• ❑No ti Judy Teeven Post Office Box 279 O 'L 2Q Southold, NY 11971 AUG ( Service ti I (E y`wv II I IIIII IIII II I II I II II II I II I III II I I I IIII III leMail f �& El Adult-Signal= CRegistered El Adult euRestricted Delivery ❑oegeryred Mail Restrictedf; Certified � } 9590 9402 2671 6336 9473 03 ❑Certified Mail Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise I _ 2. Article Number(Transfer from service label__ ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation*"'I 7 015 0640 0 0 0 5 917 3 489 9 Insured Mall ❑Signature Co ion r t nsur`ed Mail Restricted Delivery Restricted Delivery ! (over$500) PS Form 38i11,jJuly 2015 PiSN 7530102-000-9053 Domestic Return Receipt j TOWN OF SOUTHOLD �� r ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In the Matter of the Application of: POSTING L LC SCTM No. 1000- (Name ofApplicants) (Section, Block & Lot) COUNTY OF SUFFOLK STATE OF NEW YORK 1, rein 10 Fjfi-e A, 1 Cllat`-e-J3 Ne,-f- 'e Pht(hPaJ ,New York, being duly sworn, depose and say that: I am the ( ) Owner or o Agent for owner of the subject property On the�_day of -0-04- , 20,90, 1 personally placed the Town's Official Poster on subject property located at: 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 hearing date, c hears date was shown to be /7U�U,(-. -6, o?Q o2 D (Owner/Agent Signatu e) Sworn to before me this Day of vV , 2(k�2� Geraldine L. Fanning Notary Public State of New York Suffolk County Uc. #01 F 6137548 o 4Puc COMM. EXP. 11/28 LAI * near the entrance or drive 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 cared 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"PEALS 10:50 A.M. - WENDY DAVIS#7397- Request"foraVariance from Article XXIII, THURSDAY,AUGUST 6, 2020 at 10:00 Request for a Variance from ArtieleXXHI, Section 280-124 and the Building Inspec. AM Section 280-124 and the Building Inspec- tot's January 22, 2620 Notice of Map- PUBLIC HEARINGS 'tar'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 minimum,side yard setback of 10 York Governor Andrew Cuomo in-persort 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,-NY.SCTMNo.1000110-5-41. The public will have access to view,listen 200 Pierce Street,Cutchogue,NY.$CTM 1:30 FAL-SEAN.MAGNUSON FOR, and make comment during the meeting as No.1000-136-1-35.1. HNF RESORTS,'INC, (EASTERN LX It is happening via Zoom. Details about 11:00AAL.-MIKE AND MARY_BETH KAMFGROUND)#7384SEr.Requestfora how to tune in and make comments during PETSKY BREEZY SHORES COTTAGE Special Exceptiou,,pursuant to Town.Code 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.southoldtownriykovi '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(20) tent sites and con- /Www.southoldtownny,gov/calendat:agprL 'alterations to an�existing seasonal-cottage', sti:ucting 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,.fL where the code only in via telephone. You may Join by Tele, larged,reconstructed,structurally altered allows cabins,to`measdre a maximum Of, phone: ¢46-$58-8656, Webinar ID: 430 or moved,unless such.building is changed 450 sic(.ft.in d' ;locatedati 64500-County 9041 0409, Password: 296296. Call the 10 a conforming use;at:65496 Route 25, Road 48,Greenport.SCTM0100040=3-5. ZBA office at 631-765-1809-for help. (Breezy Shores Coitage#10,Adj:toShelter 146 P:M. 19925 GRANDVIEW'INC, 10:00.A.M.-LAURA FLAVIN#7391- Island Sound) Greenport, NY, PATRICK TREA OR, 'PRESIDENT Request for Variances from Article VIII, SCTM#1000-53-5-12.6. #7390--Regpest•for a TiManceftoth Arti- Section 280-39 and the Building Inspec- 11:10 A.M.-JOSEPH DEVITO#7401- cle III, Section 28013 and the Building• tor's December 4, 2020 Notice of Disap- Request for a'Variance from Article III, • InspectarOs January 6,2020 Notice of Diss. ' proval based on an application for apermit 'Section 280.15'and the building,Inspec- approval based,on;an'applicatioa fora per- to construct additions and alterations to an tot's January 8, 2020 Notice.of Disap- mit to legalize"ag•built'r additiods,and al+ existing single family dwelling; at 1)lo, proval based on an application for apermit terations to an existing sine family sated less than the code required minimum to construct an accessory shed; at 1 j lo• dwelling;at 1).more than the code permit. front yard setback of 50 feet;2)locatedless egted in other than the code required rear ted ndatimum two.aud,one-half(3-11x)sto-, than the code requires}minimum side yard yard; located at: 100 Lighthouse Lane, jie`s; located'at:.,1925 Grandview Drive, setback of 15 feet;located at:'50705 Main .Southold,NY.SCTM No.1000-70-6.27. Orient,NY.SCTM.Na.1000-14-2.3.21. Road, Southold, NY, SCTM No. 11:20 A-M. 4 ANDREW AND LINDA 11:5d P.m w.DOWA, M WEXLER, 1000=70-1-7.1. TOGA #7403 - Request for a Valance DONNA M. WEXL•ER REVOCABLE,- 10:10 EVOCABLE.-10:10 A.M. - GEORGE AND LYNN from Article XXIII,Section 280.124 and `TRUST AND RODNEY T. QUARTY U' #7392-Request for Varidri0s from the Building Inspector's January 30,2020 #7363-R'equestfor Variances from Article Article XXIII, Section 280-124 and'the Notice of Disapprovalbased on an applica• I3;Nection28048'and the Building Inspec- Building Inspector's December 16, 2019; 'tion for a permit to demolish an existing tor'§September�,0;2019 Notice,of Dis. Notice of Disapproval based on an applica- dwelling and construct a new single family approvalbased,pu au applicationforasub- 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 regturedminimumIotarea'gf40;u00sgjG; required minimum front yard setback of Arshamomaque Pond - Long Creek) heated at 1275 West Hill Road and 1175. 35 feet; 2)located fess than the code•re- Southold,NY.SCTM No.1000-'514-40. West .Hill ,Road, Southold, NY. quired minimum side yard setback of 10 1:00 P.M. - INDIAN NECK IV,.LLC SCTM#1000-70-4=22=and-100070-4-23. feet;3)located less than the code required 47409-Request for a Variance from Arti- The Board'of Appeals will bear all persons minimum combined side yard setback of cle XXII, Section 280-105C and the or theiFrepresegtafives„destiingto beheardat 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 of Dis- *ten statements..befomibe conclusion of each 1175 Second Street, New ,Suffolk, NY. approval based on anapplicationforaper- hearing. Each Bearing will not start earlier SCTM No.1000-117.1-20. mit to legalize an d%s built” 8 foot.deer than destgoati:d ailove.Flies are available 10:20 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 HI, -not engaged in bona.fide agriculture pro- Laserficheunder Zoning,Boardof Appeals Section 280-15; Article =11, Section Ruction; located at: 1985 Leslie Road, (ZBA)+oat d Atdons&ending.Click Link:, 28d-124;and the Building Inspeetor'sJan- Pkermic,NY.SCTM No..1006-98-1-2.1. tfftp:1/24.39.2$.228f2640/webliuk/ uary 3.1,2020 Notice of Disapproval based 1:00 P.M. -INDIAN NECK H, LLC Browse aspx?dbid=0,Ifyoubave questions; an an applicationfor a permit to demolish #7410-Request-for a Variance from Arti- please telephoneourofficeat(631)765-1809, an existing dwelling and reconstruct a new cle XXII, Section 280405C -and the or by,amail khrif6souitholdtowuny.g4v single family dwelling,,at 1)located less Building Inspector's.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 back:ofl0feet;3)located less than the code fence;at 1)not permitted on vacant,parcel BY:Kim E-Fuentes required minimum combined sideyardset- not engaged in bona fide agriculture pro- 54375 Main Road(Office Location) back of 25 feet;4)existing garage located in duction;located at:3595 Skunk Lane,Cut- 53695 Main Road(Mailing/USPS) other than the code required rear yard; chogue,NY.SC-TM No.1000.97-9-12. 'P.O.gox.1179 located at:2105 Orchard Road,East Mar- 1:00 PAL INDIAN NECK, HI{ LLC Southold,NY-11971-0959, Ion,NY.SCTM No.1000-37-3-6. #7411-Request for a Variance from Article 7486880 -10,40-A.M:' =-PAUL AND-KELLY--7-111-1 Section'280-105C-arid the Building DEMATO#7407-Request for a Variance Inspector's January 13, 2020, Amended from Article=11,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 ofDisapproval 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 TIMF-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 \J-\Q c 6 MEUSSA R DESOER NOTARY PUBLIC STATE OF NEW YORK SUFFOLK COUNTY L1C.#01 DE6349898 COMM.EXP.� � - BOARD MEMBERS �%OF$OUjyO Southold Town Hall Leslie Kanes Weisman,Chairperson l0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora T Office Location: Eric Dantes iQ Town Annex/First Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento yCOU M`I,� 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, 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 #7411 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 Ch ' person By. Encls : Survey/Site Plan : Pinnacle Land Surveyors LLP Dated : February 8, 2018 BOARD MEMBERS OF soar Southold Town Hall Leslie Kanes Weisman,Chairperson �� y� 53095 Main Road•P.O.Box 1179 Southold,NY 11971-09.59 Patricia Acamporat Office Location: Eric Dantes G Q Town Annex/First Floor, Robert Lehnert,Jr. • �� 54375 Main Road(at Youngs Avenue) Nicholas Planamento I�CoU Southold,NY 11971 http://soutboldtownny.gov ------ ——- - ---Z�OINUNG BOARD OF "PEAL-S----------- TOWN PPEALS ----------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, Vm E. Fuentes Board Assistant Encl. B-cc -Dep .