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HomeMy WebLinkAbout45475-Z TOWN OF SOUTHOLD BUILDING DEPARTMENT . TOWN CLERK'S OFFICE SOUTHOLD, NY BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES WITH ONE SET OF APPROVED PLANS AND SPECIFICATIONS UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) Permit#: 45475 Date: 11/20/2020 Permission is hereby granted to: Indian Neck II LLC c/o Ernest Scalamandre 1350 Ave of Americas Ste 2300 New York, NY 10019 To: legalize "as built" deer fence as applied for per ZBA approval. At premises located at: 3595 Skunk Ln, Cutchogue SCTM #473889 Sec/Block/Lot# 97.-9-12 Pursuant to application dated 10/8/2020 and approved by the Building Inspector. To expire on 5/20/2022. Fees: DEER FENCE $150.00 Total: $150.00 Bui ding Inspector TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Sury Yg ey Southoldtownn . ov PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees C.O.Application Flood Permit Examined U ,20 Single&Separate Truss Identification Form FEB 1 9 2019 Storm-Water Assessment Form Contact: Approved ,20T® �' ;` _v Mail to: 1 A Fe- Disapproved a/c p Phon Expiration ,20 g nspector �aa FF2 ,,�,y w' A 'fLJCATION FOR BUILDING PERMIT a� d � OCT - 8 2020 Date — i 2 r INSTRUCTIONS �� a. This applieatian_•IVIUST:b .cgrletely filled in by typewriter or in ink and submitted to the Building Inspector ith 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws,Ordinances or Regulations,for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances,building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ( ign9,5 e o ppl nt r name,if a corporation) ZZ5s5 6DI � va -r A_q ( ailing address of applicant) C�rtc �d ill�l l 1,9W State whether applicant is owner, lesse a e chitect, engineer, general contractor, electrician, plumber or builder Name of owner of premises T-,4 (As on the tax roll or latest deed) If applicant is a corporation, signature freer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 35ci'�-5 Lz C_ _Te_ ALA l l0r'5 House Number Street Hamlet County Tax Map No. 1000 'Section C, Block C[ Lot 12- Subdivision Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. ' Existing use and occupancy Vb,4AA-1 l b. Intended use and occupancy A6=z .yLZv� /ZO1 � k /bu?D � 3. Nature of work (check which applicable : New Building Addition Alteration Repair Removal Demolition Oth_ er W__ork 11= a • . 3 (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units _Number of,dwelling units on each floor �-- If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same stucture with alterations or additions: Front - Rearms^ Depth Height Number of Stories 8. Dimensions of entire n struction: Front -Rear Depth Height 100, Number of Stories 9. Size of lot: Front Rear fe(lam+l Depth Zip 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation?YES NO `( 13. Will lot be re-graded? YES NOY\ Will excess fill be removed from premises?YES NO 14. Names of Owner of premise Address Phone No. Name of Architect Address_ Phone No Name of Contractor Address Cla,� Phone No.��I- -�$�l 1 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES x NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES_NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey,to scale, with accurate foundation plan,and distances to property lines. 17. If elevation at any point on property;is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO )< * IF YES, PROVIDE A COPY. STATE OF NEW YORK) COUNTY OFF ) wt_ � 4U_L� being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the ML_A� (Contractor,Agent, Corporate Officer,etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sw rn to before me this Y 4&Yda L. DWYE R y NOTARY PUBLIC,STATE OF NEW YORK 1 DW6306900 Notary blip QUALIFIEDIN SUFFOLK COUNT COMMISSION EXPIRES JUNE 30, O S re o pplic t FORM NO. 3 'NOTICE OF DISAPPROVAL DATE: March 5, 2019 TO: Bill Kelly(Indian Neck II LLC) 22355 Cox Lane LLC Cutchogue, NY 11935 Please take notice that your_application dated February 19, 2019 For permit to construct an 8-foot deer fence at Location of property: 3595 Skunk Lane, Cutcho u County Tax Map No. 1000- Section 97 Block 9 Lot 12 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 mawpermitted by obtaining a building_permit issued by the building inspector subject to the following criteria: The-orowertrisvacant and is not engaged in bona fide agricultural production. orized Signa ure 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 11 LLC) 22355 Cox Lane LLC Cutchogue, NY 11935 Please take notice that your application dated February 19, 2019 For permit to construct an 8-foot deer fence at Location of property: 3595 Skunk Lane, Cutcho u ' r ' County Tax Map No. 1000 - Section 97 Block 9 Lot 12 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. ut Sigh ure Note to Applicant: Any change or deviation'to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 5, 2019 RENEWED: November 13,2019 RENEWED: January 13,2020 TO: Bill Kelly (Indian Neck II LLC) 22355 Cox Lane LLC Cutchogue,NY 11935 Please take notice that your application dated February 19, 2019 For permit to construct an 8-foot deer fence at Location of property: 3595 Skunk Lane, Cutcho ug e,NY County Tax Map No. 1000 - Section 97 Block 9 Lot 12 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 mawpermitted by obtaining; a building permit issued by the building inspector subject to the following criteria: rol)ertv 1 acp is not engaged in bona fide agricultural production. Authori /Signature Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 5, 2019 RENEWED: November 13,2019 RENEWED: January 13,2020 AMENDED: February 24,2020 TO: Bill Kelly (Indian Neck II LLC) 22355 Cox Lane LLC Cutchogue,NY 11935 Please take notice that your application dated February 19, 2019 For permit to legalize an as built an 8-foot deer fence at Location of property: 3595 Skunk Lane, Cutcho ug e,NY County Tax Map No. 1000 - Section 97 Block 9 Lot 12 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: 9 The property is vacant and is not engaged in bona fide agricultural production. Thi otice of Di p orval was amended on February 24, 2020, when it was brought to the building epartment's atterrtio at the deer fence had been erected without the benefit of a building permit.' Au riz 'Signatur 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. 6 BOARD MEMBERS Southold SCUT Southold Town Hall Leslie Kanes Weisman,Chairperson �� y�! 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes u, Town Annex/First Floor, Robert Lelmert,Jr. �Q 54375 Main Road(at Youngs Avenue) Nicholas Planamento �yC�� Southold,NY 11971 http://southoldtoCC I ® wnny.gov 30e� ZONING BOARD OF APPEALS' TOWN,OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 Southold T®dart Clark FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF AUGUST 20,2020 ZBA FILE: #7410 NAME OF APPLICANT: Indian Neck II,LLC PROPERTY LOCATION: 3595 Skunk Lane,Cutchogue,NY SCTM No.: 1000-97-9-12 SEORA 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 1444 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 34.64 acre, irregular shaped parcel, located in the AC Agricultural Zone, measures 177 feet along Skunk Lane then runs 265.85 feet northeast along a residentially developed lot then continues 157.16 feet northwest behind the same lot, then returns 187.49 feet back to Skunk Lane, along the same residence, then continues 82.93 feet along a curve in Skunk Lane and continues along that curve, 117.07 feet and then runs northeast 1,445.93 feet along lands owned by the applicant, then runs southeast 762.85 feet along another parcel also owned by the applicant then runs northeast 115.37 feet along the same field and continues 50.80 feet before running south 338.05 feet along the same field owned by the applicant then runs 1,169.72 feet along three independent lots and a road end, then runs northwest 258.92 feet along a residential lot and continues southwest 425 feet'along the same parcel, then bows southwest 374.15 feet along another residential lot back to Skunk Lane. The subject parcel is improved with paddock fencing and an `as-built' deer fence as shown on the survey prepared by Martin Alexander Read,Licensed Land Surveyor, last revised April 10,2019. BASIS OF APPLICATION: Request for a Variance from Article XXII, Section 280-105C and the Building Inspector's January 13, 2020, Amended February 24, 2020 Notice of Disapproval based on an application for a permit to legalize an-"as built" 8,foot deer fence; at 1) not permitted on vacant parcel not engaged in bona fide agriculture production; located at: 3595 Skunk Lane,Cutchogue,NY.'SCTM No. 1000-97-9-12. 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 ,e Page 2,August 20,2020 #7410,Indian Neck IV,LLC SCTM No. 1000-97-9-12 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. ADDITIONAL INFORMATION: The applicant owns several parcels of land, totaling approximately 133.48 acres, the bulk of which is actively farmed and receives an agricultural tax exemption from the Town of Southold and is engaged in bona fide agricultural activities. Development rights are intact. The combined parcels are operated collectively as "Indian Neck Farm". The applicant, in addition to the subject parcel, is requesting similar relief on two other adjacent, parcels under application numbers: #7409 &#7411. The Zoning Board'of Appeals opened all three applications at the same time during the public hearing on Thursday,,August 6,2020. The applicant stated that the subject parcel has been in agricultural production and will continue to farm the property, planting a variety of crops including,squash, which is sold locally. The property also is used to graze livestock. On August 5, 2020, the applicant provided the Board with a Resolution of the Suffolk County Agricultural and Farmland Protection Board recommending the inclusion of the subject parcel(s) into'Agricultural District No. 1. The Resolution is numbered 500-2020 of the Suffolk County Agricultural and Farmland Protection Board,pursuant to Section 303-B of Article 25-AA ofthe 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 X267-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 U67-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. Page 3,August 20,2020 ' #7410,Indian Neck IV,LLC SCTM No. 1000-97-9-12 3. Town Law, 4267-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, 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 &267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the, limitations"on the.use of,the parcel under the Zoning Code in effect prior to or at the time of purchase and the applicant should have established participation in bona fide agricultural activities prior to the installation of the deer fence. 6. Town Law 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 OFTHE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Weisman (Chairperson), 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 fora 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 IV,LLC SCTM No. 1000-97-9-12 " Pursuant to Chapter 2807146(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). " eslie Kanes Weisman,Chairperson Approved for filing �/- /2020 1 i BOARD MEMBERSti Southold Town Hall Leslie Kanes Weisman,Chairperson �_ j ,..� 53095 Main Road•P.O.BoxWeisman, 1179 Southold,NY 11971-0959 Patricia AcamporaOffice Location: Eric Dantes ' ' `, Town Annex/First Floor, Robert Lehnert,Jr. ! y 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTIHOLD 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, 1000-97-9-12, 1000-98-1-2.1 Dear Mr. Finnegan; I received your correspondence of October 19,2020, requesting an additional extension for thirty(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 on 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. I will instruct the office to send a copy of this letter with your request to the Building Department. Sincerely, LL4,�",WV4� Leslie Kanes Weisman Chairperson cc: Michael Verity, Chief Building Inspector BOARD MEMBERS *0f S�U)y� Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road•P.O. Box 1179 Patricia Acampora L Southold,NY 11971-0959 Robert Lehnert, Jr. Office Location: G OQ Town Annex/First Floor Nicholas Planamento Margaret Steinbugler �z CAUffN,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 April 21, 2025 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Martin Finnegan Tel. (631) 765-1809 APR 2 2 2025 Finnegan Law, P.C. 13250 Main Road P.O. Box 1452 Mattituck,New York 11952 RE- As Built Deer Fences #7410, Indian Neck II, LLC SCTM No. 1000-97-9-12 #7411, Indian Neck III, LLC, SCTM No. 1000-97-9-10.4 #7409, Indian Neck IV, LLC, SCTM No. 1000-98-1-2.1 Dear Mr. Finnegan, Thank you for your email correspondence, dated April 18, 2025, responding to the Zoning Board Appeals letter requesting evidence of agricultural exemption for the above three referenced properties. In your correspondence, you stated based upon State's Certified Agricultural Districts Program recognized by Suffolk County, that the parcels contain predominately viable agricultural land, and have attached a letter from the Suffolk County Legislature indicating that the Commissioner of the New York State Department of Agriculture and Markets certified the inclusion of the subject parcels into an existing certified agricultural district. I have determined that the subject letter from the Suffolk County Legislature provides sufficient proof that the three properties have agricultural exemptions and that condition#1 of the Zoning Board of Appeal's determination has been met. Please contact this office if you have any questions or concerns. cer y, eslie Kanes Weisman Board Chairperson cc: Building Department Encs. BOARD MEMBERS *OF SU�jyo Southold Town Hall Leslie Kanes Weisman, Chairperson ,`O l0 53095 Main Road•P.O. Box 1179 Patricia Acampora Southold,NY 11971-0959 Robert Lehnert, Jr. N Office Location: G Nicholas Planamento iQ Town Annex/First Floor ,c� Margaret Steinbugler �ou��,� 54375 Main Road(at Youngs Avenue) Southold,NY 11971 April 10, 2025 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Martin Finnegan Tel. (631) 765-1809 Finnegan Law, P.C. 13250 Main Road P.O. Box 1452 Mattituck, New York 11952 RE: As Built Deer Fences #7410, Indian Neck II, LLC SCTM No. 1000-97-9-12 #7411, Indian Neck III, LLC, SCTM No. 1000-97-9-10.4 #7409, Indian Neck IV, LLC, SCTM No. 1000-98-1-2.1 Dear Mr. Finnegan, We are currently updating our files and in so doing, discovered that the conditions of approval granted to your client to legalize as built deer fencing in the ZBA Determinations listed above and dated August 20, 2020, have not yet been met. You may recall that the above referenced ZBA decisions included a condition requiring the submission of evidence to the ZBA office, within three of the date of the determination, showing approved Agricultural Exemptions for each parcel as proof that the parcels are engaged in a bona fide agricultural operation. As of this date, our office has received no such evidence. Additionally,the Town Assessors records show that parcel identified as SCTM No. 1000-98-1-2.1 has not received Agricultural Exemption distinction. If your client does not wish to file for an Agricultural Exemption for that parcel, please explain the reason. Please inform your client that they must apply for and obtain Agricultural Exemptions on all three properties and submit copies of the exemptions to this office. As indicated in the Board's decision, failure to comply may render the relief granted null and void. For your convenience, I've attached copies of the three decisions. Please contact this office if you have any questions or concerns. cer ly, ie es ei an Board Chairperson cc: Building Department- Encs. Fuentes, Kim From: Martin Finnegan <mfinnegan@northfork.law> Sent: Friday, April 18, 2025 12:12 PM To: Fuentes, Kim Cc: Annalise Ouellette Subject: Re:ZBA Indian Neck Il, III, IV - Deer Fences Attachments: Ag District Approval Ltr.pdf Kim, As I trust the Board is aware,the Indian Neck Farm has been an established farm operation in the Town for decades. Following the issuance of the Determinations,the Applicant applied for and the properties were included in the State's Certified Agricultural Districts Program upon recognition by Suffolk County that the parcels contain predominately viable agricultural land. A copy of the approval letter is attached here.The inclusion of these parcels in the Certified Ag District was authorized and approved by the Suffolk County Legislature. I trust that this letter will provide sufficient proof that the parcels are engaged in a bona fide agricultural operation to satisfy the condition. I am sorry that we neglected to timely submit the letter to your office. Please let me know if you have any other questions. Regards, Martin MARTIN D.FINNEGAN,ESQ. FINNEGAN LAW P.C. 13250 Main Road P.O. Box 1452 Mattituck,New York 11952 T 631.315.6070 C 516.298.5384 mfinneaan@northfork.law www.northfork.law CONFIDENTIALITY NOTICE:The information contained in this e-mail and any attachments may be legally privileged and confidential.If you are not an intended recipient,you are hereby,notified that any dissemination,distribution or copying of this e-mail is strictly prohibited..If you have received this e-mail in error;please notify the sender and permanently delete the e-mail and any attachments immediately.You should not retain, copy or use this e-mail or any attachment for any purpose,or disclose all or any part of the contents to any other person.Thank you. From: "Fuentes, Kim" <kim.fuentes@town.southold.ny.us> Date: Friday, April 18, 2025 at 11:20 AM To: Martin Finnegan <mfinnegan@northfork.law> Cc: Annalise Ouellette <anna@northfork.law> Subject: ZBA Indian Neck II, III, IV- Deer Fences Hi Martin, a_ COUNTY OF SUFFOLK Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Natalie Wright Division of Planning and Environment Commissioner October 6,2020 - — -Indian Fleck Holdings LLC_ c/o Martin D.Finnegan - 33 West Second Street P.O. Box 9398 Riverhead,NY 11901 Re:2020 Agricultural Districts Program Annual Enrollment Period Application#OEP-2020-21 (Indian Neck Holdings LLC/"Indian Neck Farm') Suffolk County Tax Map#. 1000-097.00-09.00-010.004, 1000-097.00-09.00-012.000, 1000-098.00-01.00-002.001, 1000-098.00-01.00-027.001 Dear Mr.Finnegan: Please be advised that the above-listed parcels were considered for inclusion in a certified agricultural district during the 2020 Agricultural Districts Program open enrollment period pursuant to Section 303-b of the New York State Agriculture and Markets Law. After due consideration,the Suffolk County Agricultural and Farmland Protection Board recommended at their meeting on April 29, 2020 that the above-listed parcels contain predominately viable agricultural land and that the inclusion of such land in the program would serve the public interest by assisting in maintaining a viable agricultural industry within the district. The Suffolk County Legislature authorized and approved, by Resolution No. 500-2020, the inclusion of these parcels into an existing certified agricultural district. In a letter dated September 22, 2020, the Commissioner of the New York State Department of Agriculture and Markets certified the inclusion of these parcels into an existing certified agricultural district. The inclusion of the above-listed parcels in Agricultural District No. 1 is effective as of September 22,2020. Please contact me at(631) 853-4714 should you have any questions. Sincerely, ugust Ruckdeschel Farmland&Open Space Coordinator cc: Ernest A.Scalamandre, Indian Neck Holdings LLC(Email only) Kenneth J. Schmitt,Chairman of the SC Agricultural&Farmland Protection Board(Email only) Sarah Lansdale,Director, SC Division of Planning&Environment Andrew Amakawa, Senior Planner, SC Div.of Planning and Environment H.LEE DENNISON BLDG ■100 VETERANS MEMORIAL HWY.2No FI ■P.O.BOX 6100■HAUPPAUGE,NY 11T68-0099■ (631)853-5191 I Nunemaker, Amanda From: Martin Finnegan <mfinnegan@suffolklaw.com> Sent: Thursday, October 29, 2020 9:13 AM To: Nunemaker,Amanda Subject: FW: Deer fencing Hey Amanda, Just forwarding Liz's response regarding Trustees permit on Ag land. In light of this,are you good to write the permit for lot 12 once the ZBA grants the extension? Martin D. Finnegan, Esq. Twomey, Latham, Shea,Kelley,Dubin&Quartararo, LLP 33 West Second Street,P.O. Box 9398,Riverhead,NY 11901 T 631.727.2180 x 265 mfinnegan@suffolklaw.com I www.suffolklaw.com CONFIDENTIALITY NOTICE:The information contained in this e-mail and any attachments may be legally privileged and confidential. If you are not an intended recipient, you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error,please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, or disclose all or any part of the contents to any other person. Thank you. From: "Cantrell, Elizabeth" <elizabethc@town.southold.ny.us> Date:Thursday, October 29, 2020 at 9:07 AM To: Martin Finnegan <mfinnegan@suffolklaw.com> Subject: RE: Deer fencing Good Morning, I want to inform you that I asked the Board about your deer fence question and they determined that installing deer fencing on an agricultural property is exempt from needing a permit. 5&' a&a &air e& Senior Office Assistant Town of Southold Board of Trustees Office: 631-765-1892 Email: elizabethc@southoldtownny.gov From: Martin Finnegan <mfinnegan@suffolklaw.com> Sent:Tuesday, October 27,202011:31 AM To:Cantrell, Elizabeth<elizabethc@town.southold.ny.us> Subject: Re: Deer fencing Appreciate your help,thanks. i 51 a Martin D. Finnegan, Esq. Twomey, Latham, Shea,Kelley, Dubin&Quartararo, LLP 33 West Second Street, P.O.Box 9398,Riverhead,NY 11901 T 631.727.2180 x 265 mfinne%zan@suffolklaw.com I www.suffolklaw.com CONFIDENTIALITY NOTICE:The information contained in this e-mail and any attachments may be legally privileged and confidential. If you are not an intended recipient,you are hereby notified that any dissemination, distribution or copying of this e-mail is strictly prohibited. If you have received this e-mail in error,please notify the sender and permanently delete the e-mail and any attachments immediately. You should not retain, copy or use this e-mail or any attachment for any purpose, or disclose all or any part of the contents to any other person. Thank you. From: "Cantrell, Elizabeth" <elizabethc@town.southold.ny.us> Date:Tuesday, October 27, 2020 at 11:29 AM To: Martin Finnegan <mfinnegan@suffolklaw.com> Subject: RE: Deer fencing Hard question to answer, I have seen a permit issued on an ag. Property for a deer fence that has a house on the lot east of here. Let me check with the Board and get back to you. 541� &Tinea Senior Office Assistant Town of Southold Board of Trustees Office: 631-765-1892 Email: ehzabethcksoutholdtownny.gov From: Martin Finnegan<mfinnegan@suffolklaw.com> Sent:Tuesday, October 27, 202011:26 AM To: Cantrell, Elizabeth<elizabethc@town.southold.nv.us> Subject: Deer fencing Hey Liz, Quick question. Do the Trustees require permits for deer fencing on bona fide ag parcels? I have a short section of a fence around a farm that falls slightly below the 100'setback. Regards, Martin Martin D. Finnegan Partner Twomey, Latham,Shea, Kelley, Dubin &Quartararo LLP 33 West Second Street, P.O. Box 9398, Riverhead, NY 11901 0: (631)727-2180 Ext. 265 mfinnegan@suffolklaw.com I www.suffolklaw.com Twom,mas VA' Latham OKRA. 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