HomeMy WebLinkAbout45476-Z XaoTOWN OF SOUTHOLD
aye BUILDING DEPARTMENT
cn TOWN CLERK'S OFFICE
o . 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#: 45476 Date: 11/20/2020
Permission is hereby granted to:
Indian Neck IV 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:
1985 Leslie Rd, Peconic
SCTM # 473889
Sec/Block/Lot# 98.-1-2.1
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 ing p€.c -
i
,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 Survey
Southoldtownny.gov PERMIT NO. 14 Check
Septic Form
N.Y.S.D.E.C.
Trustees
C.O.Application
Flood Permit
Examined '201 --1 Single&Separate
Truss Identification Form
D
Storm-Water Assessment Form
l' b FEB 1 9 2019 Contact:
Approved 20� 7�aJ1LDa1-db::_,, z:Y3- ;+ Mail to: Bill ke l
� --° I
Disapproved a/c TOWN OF,SOUTR0ill
' Phoned
Expiration 12
y _�,•w.s,. ; Bui mg—Th'
AP 'LICATION FOR BUILDING PERMIT
0 - s 2020 .��
CT Date—'
—2 2019
l ,
INSTRUCTIONS
1'�•d3 'bS3 �(7'
a. This T i d"a,plice n MUST_ filled in by typewriter or in ink and submitted to the Building Inspector with 4
sets of plans, accurate plot plan to scale. Fee according to schedule.
b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or
areas, and waterways. '
c. The work covered by this application may not be commenced before issuance of Building Permit.
d. Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant. Such a permit
shall be kept on the premises available for inspection throughout the work.
e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector
issues a Certificate of Occupancy.
f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of
issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations 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.
(Sign ap li t oi7ndne,if a corporation)
Z2�ss (�a LJl Ualzr :*y
(Mailing address of applicant)
LLJ-ie-R0eiVF--1 W 11955'
State whether applicant is owner, less ,agent rchitect, engineer, general contractor, electrician, plumber or builder
Name of owner of premises.
(As on the tax roll or latest deed)
If applicant is a corporation, si u y authorized officer
(N 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 wor will be done.
LC19�5 L-.P-,&L-E V�Dp-z-
House Number Street Hamlet
County Tax Map No. 1000 Section Ci lb Block Lot Z�J
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 4449��j )um j-� -
b. Intended use and occupancy A(4u���lJl
3. Nature of work(check which applicable):New Building rtion Alteration
Repair Removal Ile emolitionher Work �#
,. (Description)
4. Estimated Cost ; ' ;' ;Fee' = -
( ;o b'e paid on filing this application)
5. If dwelling, number of dwelling units umber 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 struc s, if any: Front' -----Rear' ltfpth �-
Height Number of Stori
Dimensions of Samre with alterations or additions: Front Rear
e stru
Depth Height 1 um er of Stories
8. Dimensions of entiction: Front Rear Depth
re new ru
Height Number of S ories
9. Size of lot: Front 574. 4 5;72 Rear 428�3 Depth 34-t5+1(.4
10. Date of Purchase Name of Former Owner
11. Zone or use district in which premises are situated Ate.
12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO
13. Will lot be re-graded? YES NO Y Will excess fill be removed from premises?YES NO
14. Names of Owner of premises�� '4'ddress Phone No.
Name of Architect Address Phone No �-
Name of Contractor t 4 Address tj&Phone No._LSj-Z&S`92fL4
15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES 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 NOX
* IF YES, D.E.C. PERMITS MAY BE REQUIRED.
16. Provide survey,to scale, with accurate foundation plan and distances to property lines.
17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey.
18. Are there any covenants and restrictions with respect to this property? * YES NO ,>(
* IF YES, PROVIDE A COPY.
STATE OF NEW YORK)
SS:
COUNTY OFVJU.L,-ZA1J, 41��U )
being duly sworn, deposes and says that(s)he is the applicant
(Name of individual signing cont act)above named,
(S)He is the
(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.
Sworn to before me t
l� day of his L. DWYER
GARY PUBLIC,STATE OF NEW YQR
NO.01 DW6306900
ij -Notary Pu i QUALIFIED IN SUFFOLK COUN i natur f A licant
COMMISSION EXPIRES JUNE 30, g
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: March 5, 2019
TO: Bill Kelly(Indian Neck I LLC)
22355 Cox Lane LLC
Cutchogue,NY 11935
Please take notice that your application dated February 19, 2019
For permit to construct an 8-foot deer fence at
Location of property: 1985 Leslie Road, Peconic,NY
County Tax Map No. 1000 - Section 98 Block 1 Lot 2_1
Is returned herewith and disapproved on the following grounds:
The proposed construction is not permitted pursuant to Article XXII Section 280-105C which states
C. "In residential and nonresidential zones except properties parcels engaged in bona
fide agricultural production the installation of a deer exclusion fence 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.
Authorized 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
TO: Bill Kelly(Indian Neck IV LLC)
22355 Cox Lane LLC
Cutchogue, NY 11935
Please take notice that your application dated February 19, 2019
For permit to construct an 8-foot deer fence at
Location of property: 1985 Leslie Road, Peconic, NY
County Tax Map No. 1000 - Section 98 Block 1 Lot 2_1
Is returned herewith and disapproved on the following grounds:
The proposed construction is not permitted pursuant to Article XXII Section 280-105C, which states,
C. "In residential and nonresidential zones except properties parcels engaged in bona
fide agricultural production the installation of a deer exclusion fence 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.
r
Aut e Si ature
Note to Applicant: Any change or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file, Z.B.A.
FORM NO. 3
NOTICE OF DISAPPROVAL
DATE: March 5, 2019
RENEWED: November 13,2019
RENEWED: January 13,2020
TO: Bill Kelly (Indian Neck IV LLC)
22355 Cox Lane LLC
Cutchogue, NY 11935
Please take notice that your application dated February 19, 2019
For permit to construct an 8-foot deer fence at
Location of property: 1985 Leslie Road, Peconic,NY
County Tax Map No. 1000 - Section 98 Block 1 Lot 2_1
Is returned herewith and disapproved on the following grounds:
The proposed,construction is not permitted pursuant to Article XXII Section 280-105C, which states,
C. "In residential and nonresidential zones except properties parcels engaged in bona
fide agricultural production the installation of a deer exclusion fence mage permitted
by obtaining a building permit issued by the building inspector subject to the following
criteria:
The pEacant aad is not engaged in bona fide agricultural production.
Auth 'ze Signa
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 IV 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: 1985 Leslie Road, Peconic,NY
County Tax Map No. 1000 - Section 98 Block 1 Lot 2_1
Is returned herewith and disapproved on the following grounds:
The proposed construction is not permitted pursuant to Article XXII Section 280-105C, which states
C. "In residential and nonresidential zones except properties parcels engaged in bona
fide agricultural production the installation of a deer exclusion fence may be permitted
by obtaining a building permit issued by the building inspector subject to the following
criteria:
The property is vacant and is not engaged in bona fide agricultural production.
This Notice of Disapproval was amended on February 24, 2020, when it was brought to the building
depart ZT
e had been erected without the benefit of a building permit.
Aut
Note to Applicant: Anychange or deviation to the above referenced application, may require
further review by the Southold Town Building Department.
CC: file,Z.B.A.
BOARD MEMBERS �F$Q(/� Southold Town Hall
Leslie Kanes Weisman,Chairperson �� H� 5309.5 Main Road•P.O.Box 1179
�� l0 Southold,NY 11971-0959
Patricia,Acampora Office Location:
Eric Dantes u, Town Annex/First Floor,
Robert Lehnert,Jr. • �O� 54375 Main Road(at Youngs Avenue)
Nicholas Planamento lij'CO� Southold,NY 11971
E rl
http://southoldtownny.gIVov I-W rt
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD UG 2 ffo
Tel.(631)765-1809•Fax(631)765-9064
Southold Town Clerk
FINDINGS,DELIBERATIONS AND DETERMINATION
MEETING OF AUGUST 20, 2020
ZBA FILE: #7409
NAME OF APPLICANT:Indian Neck IV,LLC
PROPERTY LOCATION: 1985 Leslie Road,Peconic,NY SCTM: 1000-98-1-2.1
SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this
application and determines that this review falls under the Type 11 category of the State's List:of Actions, without
further steps under SEQRA.
SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk
County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its
reply dated March 12, 2020 stating that this application is considered a matter for local determination as there
appears to be no significant county-wide or inter-community impact.
LWRP DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the
Minor Actions exempt list and is not subject to review under Chapter 268.
PROPERTY FACTS/DESCRIPTION: The subject, conforming 10.7 acre, rectangular shaped parcel, located in
the AC Agricultural Zone, measures 576.78 feet along Leslie's Road, then runs southeast along a 10 feet wide
walkway &easement, 365 feet along a residentially developed lot, part of the East Hill section 1 subdivision,then
returns parallel with Leslie's Road 50 feet and continues southeast 166.49 feet along a second residentially
developed lot (part of the East Hills subdivision) and returns, 883.93 feet parallel with Leslie's Road, along
agricultural lands owned by the applicant,then returns 340.25 feet along the same agricultural property and a third
residential neighbor to Leslie's Road. The property is improved with paddock fencing, a run-in shed and deer
fencing along Leslie's Road and the neighboring residences,as shown on the survey prepared by Martin Alexander
Read,Licensed Land Surveyor, last revised April 10,2019.
BASIS OF APPLICATION: Request for a Variance from Article XXII, Section 280-105C and the Building
Inspector's January 13, 2020, Amended February 24, 2020 Notice of Disapproval based on an application for a
permit to legalize an "as built" 8 foot deer fence; at 1) not permitted on vacant parcel not engaged in bona fide
agriculture production; located at: 1985 Leslie Road,Peconic,NY. SCTM No. 1000-98-1-2.1.
RELIEF REQUESTED: The applicant requests a variance to legalize an `as-built' eight-feet high'deer fence,
running along the perimeter of a separate lot,which is part of a larger"combined"farm parcel. The`as-built' fence
Page 2,August 20,2020
#7409,Indian Neck IV,LLC
SCTM No. 100098-1-2.1 -
is located on the south side of Leslie's Road and along two neighboring residences, where the subject independent
parcel is vacant and is not recognized as being engaged in bona fide agricultural production.
ADDITIONAL INFORMATION: The applicant owns several parcels of land, totaling approximately 133.48
acres, the bulk of which is actively farmed and receives an agricultural tax exemption from the Town of Southold
and is engaged in bona fide agricultural activities. Development rights are intact. The combined parcels are
operated collectively as "Indian Neck Farm". The applicant, in addition to the subject parcel, is requesting similar
relief on two other adjacent, parcels under application numbers: #7410 ᳳ. The Zoning Board of Appeals
opened all three applications at the same time during the public hearing on Thursday,August 6, 2020.
The applicant stated that the subject parcel has been in agricultural production and will continue to farm the
property, planting a variety of crops including squash, which is sold locally. The property also is used to graze
livestock.
On August 5, 2020, the applicant provided the Board with a Resolution of the Suffolk County Agricultural and
Farmland Protection Board recommending the inclusion of the subject parcel(s) into Agricultural District No. 1.
The Resolution is numbered 500-2020 of the Suffolk County Agricultural and Farmland Protection Board,pursuant
to Section 303-B of Article 25-AA of the NYS Agriculture and Markets Law.
Two residential neighbors, each with homes on Skunk Lane, spoke during the public hearing outlining their
concerns over the as built deer-fencing which displaces deer activity on to their property. The applicant offered to
discuss their concerns privately and would work towards mitigating any issues brought up. Both neighbors stated
that they preferred an active farm behind their home versus residential development. By right, an agricultural
property is permitted deer fencing when engaged in bona fide agricultural operations. The applicant installed the
`as-built' deer fencing well inside their property line along Leslie's Road and two neighboring residences and the
deer fence is well screened by existing vegetation and wooded areas.
FINDINGS OF FACT/REASONS FOR BOARD ACTION:
The Zoning Board of Appeals held a public hearing on this application on August 6,2020 at which time written
and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property
and surrounding neighborhood,and other,evidence,the Zoning Board finds the following facts to be true and
relevant and makes the following findings:
1. Town Lav X267-b(3)(b)(I). Grant of the variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. Leslie's Road runs through active farmland and vineyards.
On the north side of the street a vineyard is fully enclosed with deer fencing that is visible. While there is
residential development on the south side of the street, in the area of the subject parcel, the `as-built' fencing is
located behind existing vegetation and trees and is set well into the applicant's property. Passersby and residents
will have difficulty discerning that the deer fence is there. The deer fencing will have little if any impact on the
neighboring landowner's view shed and is essential for successful farming in the Town of Southold.
2. Town Law &267-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
#7409,Indian Neck IV,LLC
SCTM No. 1000-98-1-2.1
combined agricultural operation and has shown evidence that the property will be included in a Suffolk County
recognized Agricultural District.
4. Town Law &267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential
community will have an adverse impact on the physical or environmental conditions in the neighborhood.
5. Town Law 5267-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 5267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the
applicant to enjoy the benefit of a perimeter 8 feet high deer fence while preserving and protecting the character of
the neighborhood and the health, safety and welfare of the community.
RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under
New York Town Law 267-B,motion was offered by Member Planamento, seconded by Member Lehnert, and duly
carried,to
GRANT the variance as applied for, and shown on the survey prepared by Martin Alexander Read,Licensed Land
Surveyor and last revised April 10,2019.
SUBJECT TO THE FOLLOWING CONDITIONS:
I. 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 variances)granted herein as shown on the architectural drawings, site plan and/or survey
cited above, such as alterations, extensions, or demolitions, are not authorized under this application when
involving nonconformities under the zoning code. This action does not authorize or condone any current or future
use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses,
setbacks and other features as are expressly addressed in this action. In the event that an approval is granted subject
to conditions, the approval shall not be deemed effective until the required conditions have been met; and failure to
comply therewith will render this approval null and void.
The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does
not increase the degree of nonconformity.
Page 4,August 20,2020
#7409,Indian Neck IV,LLC
SCTM No. 1000-98-1-2.1
Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the
Board of Appeals shall become null and void where a Certificate of Occupancy has not been
procured, and/or a subdivision map has not been filed with the Suffolk County Clerk,within three
(3)years from the date such variance was granted. The Board of Appeals may, upon written
request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one
(1)year terms.
Vote of the Board: Ayes:Members Weisman(Chairperson)Acampora,Dantes,Lehnert,and Planamento(5-0).
Le ie Kanes Weisman,Chairperson
Approved for filing 8/4 2020
BOARD MEMBERS " f Southold Town Hall
Leslie Kanes Weisman,Chairperson � riy®', 53095 Main Road•P.O.Box 1179
�� 1p Southold,NY 11971-0959
Patricia Acampora Office Location:
Eric-Dantes '
' �., ' � .� Town Annex/First Floor,
Robert Lehnert,Jr. 54375 Main Road(al Youngs Avenue)
Nicholas PlanamentoSouthold,NY 11971
http://soutlioldtowiiny.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, 1000-97-9-12, 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,
CluedL4UV qua— Z
Leslie Kanes Weisman
Chairperson
cc: Michael Verity, Chief Building Inspector
e 'A5116
E SO
BOARD MEMBERS ��0 Ujy� 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:
Nicholas Planamento • �O� Town Annex/First Floor
Margaret Steinbugler COU 54375 Main Road(at Youngs Avenue)
Southold,NY 11971
Ay�ri121 2025 http://southoldtownny.gov -w (, {n � �t`f!r F� .
Y ! L
ZONING BOARD OF APPEALS E;
TOWN OF SOUTHOLDt
Martin Finnegan ki. APR 2 2 2025
g 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,
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,
4eslAie Kane an
Board Chairperson
cc: Building Department
Encs.
BOARD MEMBERS OOF so�jyo Southold Town Hall
Leslie Kanes Weisman, Chairperson !O 53095 Main Road-P.O. Box 1179
Patricia Acampora Southold,NY 11971-0959
Robert Lehnert, Jr. cia Office Location:
Nicholas Planamento G'�c► • �� Town Annex/First Floor
Margaret Steinbugler COUN�e� 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 ei4 an /Q!'
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 II, 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
mfinnegan@northfork.law
www.northfork.law
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From: "Fuentes, Kim" <kim.fuentes@town.southold.ny.us>
Date: Friday, April 18, 2025 at 11:20 AM
To: Martin Finnegan <mfinnegan@northfor.k.law>
Cc: Annalise Ouellette <anna@northfork.law>
Subject: ZBA Indian Neck II, III, IV- Deer Fences
Hi Martin,
i
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-iale�k Hags 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,2"D FI ■P.O.BOX 6100■HAUPPAUGE,NY 11788-0099 ■(631)653-5191
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