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Home My WebLink About1000-84.-1-25.2 6VW ?0 FORM NO. 3 441 r1'l l NOTICE OF DISAPPROVALG DATE: April 20, 2012 TO: Donald and Jeanne Grim P.O. Box 300 Cutchogue,NY 11935 APR 2 3 2W Please take notice that your application dated March 21, 2012: For permit to convert farm stand to a winery/tasting room: Location of property: 2'2745 Middle Rd. CR 48 Cutchoue,NY County Tax Map No. 1000 - Section 84 Block 1 Lot 25.2 Is returned herewith and disapproved on the following grounds: The proposed conversion is not a permitted use on this 7.4658 acre lot located in the AC zone. Pursuant to Article III. Section 280-13 A4 Wineries shall be on a varcel on which at least 10 acres are devoted to vineyard... The winery structures shall be setback a minimum of 100 feet from a major road: Proposed site plan shows total acreage of 7.4658 acres and front Yard setbacks of 80 feet+/- from Coy Lane and 85 feet+/- from Middle Road CR 48). Additionally the proposal requires site plan approval from the Southold TonM Planning Board. 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, Planning Board Test Boring I'am fammai-with the SANDAROS FOR APPROVAL AND CONSTRUCTION OF SUBSURFACE SEWAGE by Tyree Bros.Environmental Services DISPOSAL SYSTEMS FCf?SINGLE FAMILY RESIDENCES ANY ALTERATION OR ADDITION To Tj*S SURVEY IS A VIOLATION 0' — 97- 57 Topsoil a and will abide by the con(ifions set forth therein and on the OF SECTION 7209 OF THE NEW YORK STATE EDUCATION LAW. > EXCEPT AS PER SECTION 7'209-SUBDjVj$f0N 2. ALL CERTIFICATIONS Brash permit to construct. — NO WELLS WITHIN 150'OF SEPTIC SYSTEM HEREON ARE VALV FOR THIS MAP AND COPIES THEREOF ONLY IF, sAv MAP OR ca-W&BEAR THE Aorwssw SEAL Or THE SURVEYOR LOAM 4 FINE WHOSE SIGNATURE APPEARS HEREON, SAND OL to, ---- _ PROPOSED SEPTIC SYSTEM FOR OFFICE 'ALTERED BY' FINE LIGHT SR. 0. N 0 ADDITIONALLY To CO"*L Y WITH SAID LAW THE TERM SAND&GRAVEL 1-/000 GAL.PRECAST SEPTIC SYSTEM MUST BE USED BY ANY AND ALL S(*VEY0j?5 UTXIZOVO A COPY Sp 1-8'0-12'DEEP LEACHING POOL OF ANOTHER SURVEYOR'S RAP, TERMS SUCH AS"INSPECTED'AND 15 WITH X SAND(SWI COLLAR eallte "BROUGHT-TO-DATE'ARE NOT#4 COMPLIANCE WITH THE LAW. ABOVE GR 5t, 0. MEDIUM FWE WATER BROWN SAND AREA=74658 ACRES GRAVEL so ig 30, O. .......... to-Z4-88 Li �0, 0-0 lk 01� 0 8O.O �L 51 �;—`—pe,wl 0 01. L11, NeOFNP* MAP OF PROPERTY �4 T. AT 'SOUTHOLD .VW FEB./]17,2010(PWI B1.96'; TOWN OF SOUTHOLD ,.2011 (A ONO MARCH 29, -2012(REVISIONS) Slffl�ffK Cqy �TY MY 115.2 , � . 49618 7 '0 TCA ECUS MAP.A (631) 765 - 5020 FAX (631) 765 - 1797 Auf 9 2000 (foundition) P. 0. BOX 909 JA% 17,2001 (cone. foundation 1230 TRAVELER STREET 0 A�V marob 22, 000z (prop. bldg.) SOUTHOLD, N.Y. 11971 89-106 LIMED DA TUM MAR�H VA TIONS ARF,:"REFERENCEO 7 11, FOR INTERNAL USE ONLY SITE PLAN USE DETERMINATION 11ifiateeriiliati I Date: . Date Sent: t Project Name: Project Address: a Suffolk County Tax Map No.:1000= �� - -�� Zoning District; Request. (Note: Copy of Building Permit Application and supporting documentation as to proposed use or uses should be submitted.) Initial Determination as to whether use is permitted: Initial Determination as to whether site plan is required: -- Signa, re of Building Inspector Planning Department (P.D.) Referral: P.D. Date Received: / / Date of Comment: I Comments: Signature of Planning Dept.-Staff Reviewer Final Determination- Decision: ete 'mina ionDecision: .RirinnhirP of Rnildina InsnPctnr Southold Town Hall �S BOARD MEMBERS ,* 53095 Main Road D. Oliva,Chairwoman P.O.Box 1179 "Gerard P. Goehringer Southold,NY 11971-0959 Lydia A.TortoraTel. (631) 765-1809 Vincent Orlando Fax(631)765-9064 James Dinizio,Jr. http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 18, 2004 SA No. 5441 -DONALD GRIM Property Location 22745 C.R.48, Cutchogue; Parcel 1000-84-11-25Z Appeals has visited the property under coInsideration in this SEO DETIERMINATION:The Zoning Board of application and determines that this oeent ifalls f the proj�t Type imp ntertecl as ed State List of Actions, States nm without an adverse effect on the en PROPERTY FACTS/DESCRIPTION: The applicant's 7.458 acre parcel has frontage along two streets: (a) 885 ft. along the north sloe of Middle Road, C/R. 48, and (b) 3%06 ft. along the east side of Cox Lane, in Cutchogue. The property is unproved with a farm stand and storage structures as shown on the March 3, 2000 survey prepared by Peconic Surveyors,P.C.,revised March 11 BASIS OF APPLICATION: Building Department's January l cat oconcerning04. 23. 2003 gatcitingice of DisapprovaL proposed Morse barn on a 7.467- Section 100-31A.2, in its denial of a building permit alb live ( )5 acres of tillable land for the existing faun acre lot instead of the code required 10 acres, after applying stand use. FINDINGS tF FACT The Zoning Board of Appear field a public hearing on this application on December Based 20on d January 22, 2004E, at which time written and oral evidence ' andpresentedother evidence. the Zoning testimony, documentation, personal inspection of the property, Board finds the following facts to be true and relevant: AREA\tARlANCE RELIEF REQUESTED: Applicant wishes to construct a 30' x 6Othe rse bi r faith fenced horse corral for family use in conjunction with Ove (S) tillable acres stand structure. The proposed 30' x 60` horse barn will be 20 feet from eon re cl the property will line, and approximately 220 feet from the front southerly lot line. The applicants be no riding academy or training involved with the Keeping of their horses. ADDITIONAL INFORMATION All El DED RELIEF: During the January sur04 veyor publichear areas, ng, the re ared by a li ylabeling applicant was requested to furnish flap P including tillable areas area for horse use, anlabsl site purpose of �arcl�other 12,existing 2004, structures on the property that were not shown o thearchitectural map. the applicant furnished a survey amended March 11, 2004, prepared by John Metzger, Peconic Surveyors, P.C; confirming all uses and labeling the activities, existingstructuresfor n nd w h proposed areas on the site. The enclosed fence for the horse corral i propose a high pasts, shown on the construction sketche with �he B � the naturalgrade as ate stamp f March } 2004. The hwon the proposed horse barn will be 28 ft. to the top of ridge from construction slcttch with the ZEA date stamp of March 12, 2,004. Aarch 18,2004 1—Donald Grim i6 1-25.2 at Cutchogue REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the relief requested will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The applicant is proposed a 30' x 60' horse barn and fenced corral for personal family use on their 7.46-acre parcel, with is improved with a farm, farm stand and storage structures. By a strict reading of the code, a horse farm for the purpose of keeping, breeding, raising and training of horses, is required on a lot with a minimum of 10 acres, with or without a principal building. Under Code Section 100-30A1 & 2, a principal building or primary use may be a dwelling or agricultural operations. Under Section 100-31C (8), horses and domestic animals other than household pets, are permitted as an Accessory use, provided that such animals shall not be housed within forty (40)feet of any lot line. Therefore, the keeping of horses for personal use when dedicated to a principal or primary use, such as the applicant's agricultural operations on five (5) tillable acres, is permitted. 2. The benefit sought by the applicant, as applied for, cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance from the code requirement pertaining to the keeping of horses on ten (10) acres. 3. The variance granted herein is not substantial. The applicant has shown the required five (5) acres of tillable land for agricultural operations as a primary use. 4. The difficulty was self-created because when the application was submitted to the Town, the application did not confirm the areas for agricultural operations, and did not show conformity to the code's minimum land area for the keeping of horses for personal use, as applied for. 5. No evidence has been submitted to suggest that a variance in this community of mixed uses (business, industrial, agricultural, and residential uses) will have an adverse impact on the physical or environmental conditions in the neighborhood. 6. Grant of this relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a horse barn with corral, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. AMarch 18,2004 ,j,5441—Donald Grim 100o-84-1-25.2 at Cutchogue 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 Dinizio, seconded by Member Goehringer, and duly carried, to GRANT the variance as applied for, as shown on the March 3, 2000 survey prepared by Peconic Surveyors, P.C., revised March 11, 2004, and shown on the two construction sketches, stamped received by the ZBA March 12, 2004, SUBJECT to the following CONDITIONS: 1. There shall be staggered (double row) line of evergreens, 4 to 6 ft. in height, for at least 200 linear feet along the south side of the corral area, facing C.R. 48 and at least 60 linear feet along the east side extending from C.R. 48. 2. That the screening buffer of evergreens shall be continuously maintained in good condition by the owner. 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. Vote of the Board: Ayes: Members Oliva (Chairwoman), Goehringer, Orlando, and Dinizio. (Member Tortora was absent.) This Resolution:=Zopted2(4-0),. ..... Ruth D. Oliva, Chairwoman 3/19/04 Approved for Filing TOWN OF SOUTHOLD BUILDS ER1V11T 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 SoutholdTown.NorthFork.net PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees C.O.Application Flood Permit Examined 20 Single&Separate Storm-Water Assessment Form Contact: Approved -2fl Mail to: -DomM J Go/fi Disapproved a/c k 110 X-2o/—91:9al a 1�3 63-/—Phone: v}� Expiration 20— Building 20Building Inspector APPLICATION FOR BUILDING PERMIT Date 8`moi 20/1/1 INSTRUCTIONS a.This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans,accurate plot plan to scale. Fee according to schedule. b.Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c.The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building Inspector will issue a Building Permit to the applicant.Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f.Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date.If no zoning amendments or other regulations 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. 4f�vrn , (Signature of applicant or name,if a corporation) rue- (Mailing ao ess of applicant) State whether applicant is owner,lessee,agent,architect,engineer,general contractor,electrician,plumber or builder O UIIY 0 Name of owner of premises nl} fj11 f (As on the tax roll or latest deed) If applicant is a corpor ion,si tre `duly authorized officer (Name and title of corpor officer) Builders License No. Plumbers License No. Electricians License No, Other Trade's License No. 1. Location of land on which proRoseq zvo k will be don " Jt pIR House 114-Umb�er Street Haml County Tax Map No. 1000 Section Aq Block J Subdivision Filed Map No T_ Lot 2. State existing use and occupancy of premises and intended us and occupancy of proposed construction: a. Existing use and occupancy ,tj i b. Intended use and occupancy ' , ( 3. Nature of work(check which applicable):New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost Fee (To be paid on filing this application) 5. If dwelling,number of dwelling units dumber of dwelling units on each floor If garage, number of cars 6. If business,commercial or mixed occupancy,specify nature and extent of each type of use. 7. Dimensions of existing structures,if any:Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction:Front Rear Depth Height Number of Stories 1 '� 9. Size of lot:Front Rear 2601 t'�- Depth �f 10.Date of Purchase Name of Former Owner 11.Zone or use district in which premises are situated KLIIUP Z� t � _ l 12.Does proposed construction violate any zoning law,ordinance or regulation?YES V/NO 13.Will lot be re-graded?YES NO Will excess fill be removed from premises?YES NO Y 14.Names of Owner of premisesNFC IIIliddress 5 ° hone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 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�EQUIRED. 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) SS: COUNTY OF } f} billet being duly sworn,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the QI� � (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 be� o his knowledge and belief,and that the work will be performed in the manner set forth in the application filed the bl c, to al York No.OIST61640M Quafified in Suffolk Coun t`� Sworn t� efore me this , Commission Ares Apnl�.2 "s- day of 20jt%, '7 All Notary Public Signat4e of Applicant