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. APPEtLS BOARD MEMBERS .
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
hup:/ /southoldtown.northfork.net
. Mailing Address:
Southold Town Hall
53095 Main Road. P.O. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
RECEIVED
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ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel, (631) 765-1809. Fax (631) 765-9064
FINDINGS, DELIBERATIONS, AND DETERMINATION
MEETING OF DECEMBER 14, 2006
ZBA Application No. 5866
Applicant/Owner: JAY W. GU I LD CTM Parcel # 68-4-19
Property Location: 34695 C.R. 48 (a/kla Middle Road or North Road), Peconic
BASIS OF APPLICATION: Request for a Variance under Section 100-31A(2-C), based
on the Building Inspector's August 30, 2005 Notice of Disapproval, amended March 1,
2006 concerning commercial agricultural greenhouses in a location at less than 75 feet
from the rear lot line, less than 20 feet on a single side yard, and exceeding the code
limitation of 20 percent lot coverage.
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on November 30,
2006 at which time written and oral evidence were presented. Based upon all testimony,
documentation, personal inspection of the property, and other evidence, the Zoning
Board finds the following facts to be true and relevant:
BACKGROUND
On April 27, 2006, the applicant testified at a public hearing, seeking a variance on an
existing 108' x 324' greenhouse side yard which violates the approved 20-foot setback
which detailed an existing 19.9 feet. The applicant further requested to construct a new
108' x 324' greenhouse with a proposed 18' x 132' covered connector addition hand
drawn in scale with black magic marker on a survey prepared and certified by Joseph
Ingegno dated September 20, 2005. Applicant sought variances for the new proposed
greenhouse rear yard setback of 56 feet instead of the code-required 75' and for an
increase in lot coverage from 20 percent to 32 percent, based on the applicant's hand
drawn site plan. Based on this hand-drawn map with applicant's calculations noted
under the first application, the new proposed greenhouse and connector also violated
the required 20 foot side yard setback by detailing a 19.9' setback, proposed along a
continuous line with the existing greenhouse along the southeast boundary of the
subject property. Based on this information and estimated calculations, the Board of
Appeals, at it Special Meeting of May 11, 2006 granted the variances for the side yard
setbacks, as applied for, denied the variance for a rear yard setback, and granted
alternative relief for a maximum lot coverage of 30 percent.
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Page 2 - December 14, 20.
ZBA File No, 5866 - Jay Guild
eTM 68-4-19
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The owner applicant, dissatisfied with the relief granted, wrote to the NYS Department of
Agriculture and Markets. The Board of Appeals at its November 9, 2006 Meeting, voted
to rehear the application of ZBA File #5866, and again asked the owner/applicant to
furnish seven (7) prints of an accurate site plan prepared by a surveyor showing all data
relative to the applicant's new construction (including but not limited to all setbacks to
property lines and lot coverage calculations of both the existing and proposed), This
Resolution was prepared in a letter and forwarded to the owner /applicant. The
owner/applicant again contacted NYS Ag and Markets, which agency, through ML
Simmer, on November 13, 2006 queried "why ML Guild had to bear the expense of
having seven more copies prepared when the ZBA already has copies in their filesH'
and nothing has changed from his last submittal?" On November 16, 2006 the Southold
Town Attorney replied in a letter to Mr. Sommer explaining several reasons, and that ML
Guild had only furnished an existing survey, altered by him to show his calculations of
the proposed location of the buildings and estimated lot coverage, and that the applicant
refused to furnish the updated survey previously to the ZBA staff, with the proposed
locations and building/lot coverage calculations (without requiring field work and using
the same survey)," This irregularity was pointed out by Board Member Weisman at the
Public Hearing on April 27, 2006 (see transcript lines 3-23), On November 27, 2006, ML
Guild, the owner/applicant, submitted the required updated information by his surveyor
using the available survey, It is also noted that the surveyor calculations of lot coverage
is noted as 28,9% on this updated survey, less than the applicant's previous request.
AREA VARIANCE RELIEF REQUESTED: Owner/applicant requests an area variance
for a rear yard setback of 56 feet instead of the required 75 feet, as noted on the survey
prepared and certified by Joseph A. Ingegno, dated November 22, 2006. The lot
coverage
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 area variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The proposed new greenhouse
and connector are located at the rear (north) of the subject property behind the existing
greenhouse and the view shed from County Road 48 is protected based upon the
proposed location. The surrounding land in this AC Zone is also farmland. The elevation
of the subject property is lower than surrounding properties shielding the operations of
the greenhouse structures from those properties.
2, The benefit sought by the applicant can be achieved by some method, feasible for the
applicant to pursue, other than the relief requested. Applicant states that he wishes to
grow hardy crops in the space between the existing and proposed greenhouses, and
that the proposed 132' distance between the two structures, which requires a rear yard
setback variance, is based upon the need for proper airflow within the greenhouses and
seasonal changes, However, while the owner/applicant has stated that the 132' space is
desirable, no evidence has been submitted to demonstrate that the 132' space is
absolutely necessary to achieve the owner/applicant's objectives of expansion of his
business.
"\. ~ Page 3 - December 14, 20.
ZBA File No. 5866 - Jay Guild
CTM 68-4-19
.
3. The variance granted herein is substantial. The requested variance of 56 feet in the
rear yard setback represents approximately 19 feet or 25% more than the code-required
minimum of 75 feet.
4. The alleged difficulty has not been self-created. The applicant states that he needs to
expand the size of his business operations in order to increase sales to cover the cost of
doing business.
5. No evidence has been submitted to suggest that the proposed additions will have an
adverse impact on physical or environmental conditions in the neighborhood. The
subject parcel is zoned Agricultural Conservation and a controlled agricultural use in this
location is appropriate.
6. Grant of the requested variances are the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of expanded commercial-agricultural
operations, 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
Weisman, seconded by Member Goehringer, and duly carried to
GRANT the variances as applied for, as shown on the survey updated November 22,
2006, prepared by Joseph Ingegno, Surveyor, and that the applicant follow current
recommendations and technologies to minimize leaching of nutrients and pesticides
from plant containers under the Suffolk County Agriculture Stewardship Program and
Cornell Cooperative Extension's Best Management Practices.
Any deviation from the variance given such as extensions, or demolitions which are not shown on the
applicant's diagrams or survey site maps, are not authorized under this application when involving
nonconfonnities 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.
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.
Vote of the Board: Ayes: Members Oliva, Goehringer, Dinizio, Simon, and Weisman.
This Resolution was duly adopted (5-0~ l-GQ.; [), ~ Ciu;:~
Ruth D. Oliva, Chairwoman 12/~<y06
Approved for Filing
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" . APFEALS BOARD MEMBERS
Ruth D. Oliva, Chairwoman
Gerard P. Goehringer
James Dinizio, Jr.
Michael A. Simon
Leslie Kanes Weisman
http://southoldtown.northfork.net
. ) Mailing Address:
Southold Town Hall
53095 Main Road' PO. Box 1179
Southold, NY 11971-0959
Office Location:
Town Annex /First Floor, North Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 . Fax (631) 765-9064
RECEIVtD -I rf-.i..u:t
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MAY 2 3 2006
FINDINGS, DELIBERATIONS, AND DETERMINATION
MEETING OF MAY 11, 2006
~6Z~
ZBA Application No. 5866
ApplicanVOwner: JAYW. GUILD
Property Location: 34695 C.R. 48 (a/k/a Middle Road or North Road), Peconic
Parcel No. CTM 68-4-19
BASIS OF APPLICATION: Request for a Variance under Section 100-31A(2-C), based
on the Building Inspector's August 30, 2005 Notice of Disapproval, amended March 1,
2006 concerning commercial agricultural greenhouses in a location at less than 75 feet
from the rear lot line, less than 20 feet on a single side yard, and exceeding the code
limitation of 20 percent lot coverage
FINDINGS OF FACT
The Zoning Board of Appeals held a public hearing on this application on April 27, 2006
at which time written and oral evidence were presented. Based upon all testimony,
documentation, personal inspection of the property, and other evidence, the Zoning
Board finds the following facts to be true and relevant:
AREA VARRIANCE RELIEF REQUESTED: Applicant seeks a variance on an existing
108' x 324' greenhouse side yard which violates the approved 20-foot setback detailing
an existing 19.9'. Applicant further wishes to construct a new 108' x 324' greenhouse
with a proposed 18' x 132' covered connector addition hand drawn in scale with black
magic marker on a survey prepared and certified by Joseph Ingegno dated September
20, 2005. According to this hand drawn site plan, the new proposed greenhouse and
connector will also violate the required 20 foot side yard setback by detailing 19.9' since
it is sited on a continuous line with the existing greenhouse along the southeast
boundary of the subject property. Applicant also seeks a variance for the new proposed
greenhouse rear yard setback of 56 feet from the required 75' and for an increase in lot
coverage from 20 percent to 32 percent.
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 area variance will not produce an undesirable change in the character of
the neighborhood or a detriment to nearby properties. The proposed new greenhouse
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Page 2 - May 11, 200. I
ZBA File No. 5866 - Jay Guild
CTM 68-4-19
e1
and connector are located at the rear (north) of the subject property behind the existing
greenhouse and the view shed from County Road 48 is protected based upon the
proposed location. The surrounding land in this AC Zone is also farmland.
2. The benefit sought by the applicant cannot be achieved by some method, feasible for
the applicant to pursue, other than an the relief requested. The applicant states that he
needs to expand the size of his business operations in order to increase sales to cover
the cost of doing business.
3. The variance granted herein is substantial. The requested variance of 32% will
exceed the 20% code limitation by more than 50%. Applicant states that he wishes to
grow hardy crops in the space between the existing and proposed greenhouses, and
that the proposed 132' distance between the two structures is based upon the need for
proper airflow within the greenhouses and seasonal changes.
4. The alleged difficulty has been self-created. The applicant has chosen to expand his
greenhouse operations on a 261,444.92 square foot lot that is not adequate in size for
placement of another modular greenhouse that is utilized.
5. No evidence has been submitted to suggest that the proposed additions will have an
adverse impact o'n physical or environmental conditions in the neighborhood. The
subject parcel is zoned Agricultural Conservation and a controlled agricultural use in this
location is appropriate.
6. Grant of the requested variance is the minimum action necessary and adequate to
enable the applicant to enjoy the benefit of expanded commercial-agricultural
operations, 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
Weisman, seconded by Member Goehringer, and duly carried to
GRANT the variances for the side yard setbacks, as applied for.
DENY the variances for the rear yard setback and lot coverage as applied for,
and GRANT Alternative Relief for a maximum lot coverage of 30 percent,
SUBJECT TO THE FOllOWING:
1. that no additional structures on the subject parcel be built in
the future that would cause this lot coverage to be exceeded;
2. That a minimum 75 ft. rear yard setback be maintained,
3. That the applicant follow current recommendations and
technologies to minimize leaching of nutrients and pesticides
from plant containers under the Suffolk County Agriculture
Stewardship Program and Cornell Cooperative Extension's
Best Management Practices.
,
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Page 3 - May 11, 200. j
ZBA File No. 5866 - Jay Guild
eTM 68-4-19
.,
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Any deviation from the variance given such as extensions, or demolitions which are not shown on
the applicant's diagrams or survey site maps, 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.
Weisman. Nay: Member Simon.
was duly adopted (3-1).
.
.
LEGAL NOTICE
SOUTH OLD TOWN ZONING BOARD OF APPEALS
THURSDAY, NOVEMBER 30, 2006
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning)
Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN
ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York
11971-0959, on THURSDAY. NOVEMBER 30. 2006:
11:30 A.M. JAY W. GUILD #5866 (Rehearing) - Request for a Variance under Section 280-18,
formerly 100-31A-2c, based on the Building Inspector's August 30, 2005 Notice of Disapproval,
amended March 1, 2006 concerning commercial agricultural greenhouses proposed in a
location at less than 75 feet from the rear lot line, less than 20 feet on a single side yard, and
exceeding the code limitation of 20 percent lot coverage on this 6-acre parcel, at 34695 C.R. 48
(a1kJa Middle Road or North Road), Peconic; CTM 68-4-19.
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 during regular
business hours and prior to the day of the hearing If you have questions, please do not hesitate to
contact our office at (631) 765-1809, or by email: Linda.Kowalski@Town.Southold.ny.us.
Dated: November 6, 2006.
ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
.
.
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, APRIL 27, 2006
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100
(Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTH OLD
TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold,
New York 11971-0959, on THURSDAY. APRIL 27, 2006:
1 :05 P.M. JAY W. GUILD #5866. Request for a Variance under Section 100-31A(2-C), based on
the Building Inspector's August 30, 2005 Notice of Disapproval, amended March 1, 2006
concerning commercial agricultural greenhouses in a location at less than 75 feet from the rear
lot line, less than 20 feet on a single side yard, and exceeding the code limitation of 20 percent
lot coverage on this 6-acre parcel, at 34695 C.R. 48 (a/k1a Middle Road or North Road), Peconic;
CTM 68-4-19.
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 during regular
business hours. If you have questions, please do not hesitate to contact our office (631) 765-1809, or
linda.kowalski@town.southold.ny.us.
Dated: April 6, 2006.
ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
By Linda Kowalski
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#8118
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Dina Mac Donald of Mattituck, in said county, being duly sworn,
says that he/she is Principal clerk of THE SUFFOLK TIMES, 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 week(s), successively, commencing on the 17th day of November.
2006.
QJy~Milm~6J
Principal Clerk
Sworn to before me this
2006
[l
day of .J[ DV
CJ;t~f7Ullbl ~
CHRISTINA VOllNSKI
NOTARY PUBLIC-STATE OF NEW YORK
No.Ol-V06105050
Qualified In Suffolk County
Commission Expires February 26, 2008
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LEGAL NOtICE
SOUTHOLD TOWN
ZONING BOARD OF APPEALS
THURSDAY, NOVEMBER 30,2006
PUBLIC HEARINGS
NOTICE IS HEREBY GIVEN, pur-
suant to Section 267 of the Town Law
and Chapter 280 (Zoning) Code of the
Town of Southold, the following public
hearings will be held by the SOUTH-
OLD TOWN ZONING BOARD OF
APPEALS at the Town Hall, 53095
Main Road, P.D. Box 1179, Southold,
New York 11971..Q959, on THURSDAY,
NOVEMBER 30, 2006:
9:35 AM. FRANK MELE III '5976.
Request for a Variance under Section
280-15, based on the Building Inspec-
tor's September 6, 2006 Notice of Disap-
proval concerning a proposed accessory
swimming pool in a yard other than the
code-required rear yard, at 305 Gardin-
ers Lane, Soulhold; CfM 70-8-28.
9:40 A.M. JOHN and ANGELA
REINERTSEN #5973. Request for
Variances under Sections 280-15 and
280-18 (lOO-30A.3 and 100-33 based on
the Building Inspector's August 4, 2006
Notice of Disapproval concerning a
proposed new dwelling, accessory swim-
ming pool, and accessory (cabana) build-
ing. The dwelling will he less than 50 feet
from the front lot line and rear lot line,
and the swimming pool and accessory
building will be in a side yard rather than
the code-required rear yard. Location of
Property: 590 Arrowhead Lane, Peconic;
CTM 98-2-4.1.
9:45 A.M. BERIT LALLI #5978.
Request for a Variance under Section
280-124 (100-244 based on the Building
Inspector's May 15,2006 Notice of Dis-
approval) concerning a proposed addi-
tion to the existing dwelling at less than
the code-required 35 feet from the front
lot line, at 1405 Narrow River Road, Ori-
ent; CTM 27-3--6.3.
950 A.M. MARK MELNICK #5977.
Request for Variances under Sections
280-124 and 280-116 (100-239.4B, based
on the Building Inspector's August 25,
2006 Notice of Disapproval, amended
November 9, 2006 concerning an addi-
tion and alterations for a second-story
over the existing first floor of the exist-
ing dwelling and addition at less than the
code-required 35 ft. front yard, at 405
Private Road #3, Southold; CTM 70-6.
15.
9:55 A.M. MICHAEL F.{,YNN #5975.
Request for a Variance under Section
280-124 (100-244 based on the Build-
ing Inspector's May 24, 2006 Notice of
Disapproval) concerning a proposed
addition to the existing dwelling at less
than the code-required 15 feet, at 7HOO
Sound view Avenue, Southold; CTM 59-
9'12.
10:00 A.M. HENRY OMAN and
CHRISTH;A 1. OMAH JLi9/U. Kequest
for Variances under Section 280-14 (100-
32), based on the Building Inspector's
July 25, 2006 Notice of Disapproval con-
cerning proposed Lots 1 and 2 with less
than the code required 80,000 square
feet, less than 175 ft. of frontage/lot width
along Bridge Lane, and with a proposed
side yard setback at less than the code-
required 20 feet from the j:iivision line.
The applicant's parcel as exists contains
1.637 acres and is located in the R-80
· Re,idential Zone Di"ricl. Location of
Property: 1380 Bridge Lane, Cutchogue;
CfM 85-2-5.
10:15 A.M. SERGE AND SUSAN
ROZENBAUM: M. NIAMONITA1a8
and E. NIAMONITAKIS '5691. Re-
quest for Variances under Sections 280-4
and 28044 (Sections 100-13 and 100-
32), based on the appli<;ant's request to
construct and operate a farm stand with
design as a building for sales of farm pro-
duce and which is deemed as not meeting
the definition of a farm stand, based on
the Building Inspector's amended No.
vember 3, 2006 Notice of Disapproval.
The reasons stated in the Notice of Dis-
approval are: "the proposed const:ru,c-
lion on an 18.75 acre fann parcel with
three front yards in the AC Zone, is not
pennitted pursuant to Section 100~32
(renumbered 280-14), which states: 'No
building or premises shall be used and no
building or part thereof shall he erected
or altered in the ACt RSO .'. Districts un-
less the same conforms to the Bulk and
Parking Schedule incorporated into this
chapter with. the same force and effect as
if such regulations were set forth herein
in full.' According to the bulk sched-
ule, the proposed construction requires
a front yard setback of 60 feet, and is
not permitted pursuant to Section 100-
13, which defines a fann stand as: 'any
structure open to the weather on at least
one side, used for the sole purpose of re-
tail sale of produce grown by the owner
of the stand on the farm acreage within
the Town of Southold; and such struc-
ture may be one-story or less, roofed or
have partial walls and flooring but may
not be completely enclosed except when
the business is closed. A farm stand may
not he insulated or mechanically heated
or cooled by permanent equipment. A
truck bed or trailer on wheels, with areas
in excess of20 square feet displaying pro-
duce, shall be considered a farm stand.'
Location of Property: 7540 Main Road
(and Cedar Lane), East Marion; CTM
31-6-28.5 and 28.6.
10:25 A.M. FITF, LLC #5617. Re-
quest for Variances under Section 280-
18 (Bulk Schedule) for a lot proposed
with less than 40,000 square feet of land
area in the R-40 Low-Density Residen-
tial Zone District (formerly M-II), and a
lot under contract of sale with the Town
of Southold, proposed with an area of
less than 80,000 square feet in the R-80
Residential Zone, located along the west
side of Reservoir Road, Fishers Island;
Suffolk County CIM Parcel 1000-9-8-2.
10:35 A.M. ZAHARIA PAPAZA.
HARIOU & OTHERS #5974. Request
for a Variance under Section 280-15,
based on the Building Inspector's Au-
gust 24, 2006 Notice of Disapproval
concerning an accessory swimming pool
proposed in a yard other than the code-
required rear yard, at 2905 Private Road
#1, East Marion; CTM 22-3-8.1.
LO:40 A.M. ROBERT SEELEY
#5912. Request for a Variance under
Section 280-116 (100-239.4A based on
thc B.uilding--JnspeetBr'sApril.12,2006
Notice of Disapproval concerning a
proposed acceM~swimm;n8 pogGI
structure proposed at less than 100 feet
from the top of the bluff adjacent to the
Long Island Sound, al1250 Sound Drive,
Greenport; Rockcove Estates Lot 4;
CTM 33-3-19.4.
10:50 A.M. MICHAEL and ROBIN
DREWS #5929. Request for Variances
under Sections 280-116 and 280-124
(100-239.4B and 100-244 based on the
Building I:q.spector's May 31, 2006 No-
tice of Disapproval) concerning a pro-
posed new single-family dwelling, after
demr -Ie exi"ing bUilding, with
setbai. rroposed at less than 75 feet
to the bulkhead and less than the code.
required 15 feet on a single side yard at
7425 Nassau Point Road, Cutchogue;
CTM 118-4-2.
11;00 AM. ROY C. and ROBERT
SCHOENHAAR #5764. Request for a
Variance under Section 280-18 (formerly
100~30A.3) bulk schedule, based oil the
Building Inspector's May 17,2005 No-
tice of Disapproval, amended October
4,2006 for a lot which contains less than
40,000 square feet and less than 175 feet
of lot width in the R-40 Residential Zone
District, and a proposed building in the
B-General Business Zone District with
a front yard setback at less than 100 feet
from a right~of-way. Location of Prop-
erty: 10300 Main Road, Mattituck; CJM
143-3.33.2, containing 2.586 acres.
11:15 AM. EDWARD FERGUS
#5941. Request for a Variance under
Section 280-18 (lOO-30A.3 based on the
Building Inspector's May 31, 2006 Notice
of Disapproval) concerning a proposed
single-family dwelling with a setback at
less than the code-required 50 feet from
the rear lot line at its closest point, at
1854 North. Bayview Road, Southold;
CTM 70-12-39.3.
11:30 AM. JAY W GUILD .5866
(Rehearing) - Request for a Variance
under Section 280-18, formerly LOO-31A-
2c, based on the Building Inspector's
August 30,2005 Notice of Disapproval,
amended March 1, 2006 concerning
eommercial agricultural greenhouses
proposed in a location at less than 75
feel from the rear lot line, less than 20
feet on a single side yard, and exceeding
the code limitation of20 percent lot cov-
erage on this 6-acre parcel, at 34695 c.R.
48 (a/kla Middle Road or North Road),
Peconic; CTM 68-4-19.
11:45 AM. EAST MARION FIRE
DISTRICT #5972. Request for a Vari-
ance under Section 280-69 (100-162A3,
AS) based on the Building Inspector's
July 25, 2006 Notice of Disapproval
for construction of a proposed wireless
communica tion/telecommunica tions
tower on property owned, leased or
otherwise controlled by a special dis-
triet approved by the commissioners of
the special district. The proposed tower
will exceed the code limitation - with
a height greater than 10 feet above the
average height of buildings within 300
feet of the facility, OR if there are no
buildings within 300 feet, these facili-
ties shall not project higher than 10 feet
above the average tree canopy height in
that radius measured from ground level.
If there are no buildings within 300 feet
of the proposed facility site, atl telecom-
munication towers shall be surrounded
by dense tree growth to screen views of
the facility in all directions. Location of
Property: 9245 Main Road, East Marion;
CTM 31-3-11.31 containing 3.05 acres.
The Board of Appeals will hear all
persons, or their representatives, desir-
ing to be heard at each hearing, and/6"f
desiring to submit written statements
befnn> the> """,-.ll1dgg sf eaeh 11':'''';''1;;.
Each hearing will not start earlier than
designated above. Files are available for
review during regular business hours and
prior to the day of the hearing. ff you
have questions, please do not hesitate to
contact our office at (631) 765-1809, or
byemail: Linda.Kowalski@Town.South_
old.ny.us.
Dated: November 13,2006.
ZONING BOARD OF APPEALS
RUTH D. OLIVA, CHAIRWOMAN
8118-1Tl1116
jJ,~ d-
.
.
.
t
FORM NO.3
NOTICE OF DISAPPROVAL
S8Gfo
DATE: August 30, 2005
AMENDED: March 1, 2006
TO: JayW. Guild
RR#3 36400 North Road
Peconic, NY 11958
Please take notice that your application dated August 9, 2005
For permit to construct a greenhouse at
Location of property: 34695 CR #48. Peconic. NY
County Tax Map No. 1000 - Section 68
Block~
Lot 12
Is returned herewith and disapproved on the following grounds:
The orooosed greenhouse addition. on this 261.444.92 square foot lot in the Allricultural Conservation
District. is not oermitted pursuant to Article III. Section 100-31. A (2) C, which states.
"Barns. storage buildings. greenhouses (including olastic covered) and other related structures,
provided that such buildings shall conform to the vard requirements for orincipal buildings."
Bulk Schedule requires a rear vard setback of75 feet, a single side vard setback of20 feet. and a total
maximum lot coverage of20 percent. ~
The ro osed addition will have a rear ard setback 0 +/- 56 fe t and a total lot covera e 0 ~ )
oercent.
In addition an ex ired
That eenhouse was
certificate of occu anc on this existin eenhouse
given for that insufficient "as built" setback.
In addition. the prooosed greenhouse will require aooroval from the Southold Town Planning Board.
This notice of disaDDroval was amended on March 1, 2006 to address the need for a variance
from th uthold Town Zonin Board of A eals.
,
..--
Authorized Signa e
~ ~ '
, .jJ u-( .
tV)~OO~
H'tW r APPLICA nON TO THE SOUTHOLD TOWN BOARD OF APPEALS
,-- - if,i' !()[,~b
Fcc: $_ r Filed By:__
-
I /'
- For Office Use Only '-'---Writ--I;~:G
Office Notcs,________. ____Date ASSigneclIASSlg~=ell~=-~~b_~RfQ_~V I AM).
----=-==-~==-----------=-~=---::J
Street31f1/ls U<-Jtl/<;'
SCTM 1000 SectionliBlock..tt.Lot(s) Iq Lot Size
Hamlet
Pec.ONI0
Parccl Location: House No.
Zone District~. U/Y;
I (WE) APPEAL TH
DATED:
TTEN DETERMINATION OF THE BUILDING INSPECTOR
0&
Applicant/Owner(s): >>rW- rJ, ~i'l
Mailing IJ '7 I 111. LJ
Address: ------.1-12 3 "0 b 100 IV 0 (/,1'\
Telephone: {, ~ ( - 16 V t;; vt!!1
fj.
f? Co ,.; k/
/IJ-Y. IIf5K'
NOTE: If applicant is lIot the owner, stale if applicant is owner's attorney, agent, architect, builder, contract vendee, etc.
Authorized Representative:
Address:
Telephone:
Ple'lle specify who you wish correspondence to be mailed to, from the above listed nameS:
.ti Applicant/Owner(s) D Authorized Represcntative 0 Other:
./
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED f1 w: 3~ 7bJS
FOR: / ----=r-
(j Buiiding Permit
o Certificate of Occupancy 0 Pre-Certificate of Occupancy
o Change ofDse
o Permit for As-Built Construction
o
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zoning Ordinauce by numbers. Do not quote the code.
Article J1I' Section 100- .3..L.. SUbsection~
Type of Appeal. An Appeal is made for:
rf A Variance to the Zoning Code or Zoning Map.
o A Variance due to lack of access required by New York Town Law-Section 280-A.
D Interpretation of the Town Code, Article Section
D Reversal or Other
A prior appeal D has ~as not been made with respect to this property UNDER Appeal
No._Year
I
.
.
\f\~
^- S"
{}J
Page 2 of 3 - Appeal Appllcafion
Parf A: AREA VARIANCE REASONS (attach extra sheet as needed):
(1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a
detriment to neqrby groperfl,s, If wanted, b,ftcause: I
;ve'5Abor"fJt?d/4 t~{/I /'3> -raJ/YI L-1lMt7'
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible lor the
applicant to pursue, other than an area variance, because:
b1 C(JV~ 1'';7-€. /.5 foo 5nudL.. ~ J. =!Or <;CNb5~cL Arr Flow
ellS /Ar-b4- .befue.e-,v :L '1 Ase-. fl/I07 eN"",?
(3) The amount of relief requested is not substantial because:
(4) The variance will NOT have an adverse effect or Impact on the physical or ~nvlronmental
conditions In the neighborhood or district because: 6.../",/',0/, IS '1.1'1<,""lrkfM.....,~ u. J
~ c/ ~"<-"'''''''''''AA'1 IS "'l-'Jn~rltu<
(5) Has the variance been self-created? ( ) Yes, or ( ) No. If not, Is the construction
existing, as built? ( ) Yes, or ( ) No.
(6) AddIHonal information about the surrounding topography and building areas that relate to
the difficulty In meeting the code requirements: (attach extra sheet as needed)
This Is the MINIMUM that is necessary and adequate, and at the same time preserves and
protects the character ot the neighborhood and the health, safety, and welfare of the
community.
/
( ) Check this box and complete PART B, Questions on next page to apply USE VARIANCE
STANDARDS. (Please consult your attorney, therw leas roceed to the sl nature and
notarv area below. If/;.
Sworn to before me this faJb
dayO~...[;~
(Notary P~
MARY E. GUilD
_ry,tublic.. Slate of New Yoif
. n....~1"U48017.~.4
~,.... in SuIIalk
~.ExplteaJull'31. ooq
ZBA App 9130/02
t
.
.
Page 3 of 3 - Appeal Application
~
/~Ic,
1&f)
Pari 8: REASONS FOR USE VARIANCE (If reQuested):
For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where
the Project Is Located (please consult your attorney before completing):
1. Applicant cannot realize a reasonable return for each and every permitted use under the
zoning regulations for the particular district where the property is located, demonstrated by
competent financial evidence. The ap.pllcant CANNOT realize a ~A,tONAB~~ ~ETURN beca.use: )
(describe on a separate sheet). CAll'I IIQU-<C(.S €. !!:fllftr-<. 0<. cur -<-l '1/o.beuno.-v-sc4[r-eA..
1'0 c<Jv-er -e~>v..j~
2. The allegeld hardship relating to the property Is unique because: +.
doe::,tv+ O:.fuJ ff'0J2. -+-no,,-€-- ~,-civJ1""1 '5pau.. ~ C.OO-e., C.tl5 l!) .
<*dfJIIV'1 /)u.5{/.J{>~'7
3. The alleged hardship does /1ot apply to..$Lsubstantlal pprtlon of the district or neighborhood
because: ,.", ~1'7'h bot-" oodJ''''!t - -r~r-TY\ lA.,,,,0I
4. The request will not alter the essential character of the neighborhood because:
~ r?~r-T\'t"$ tl.re... Cl,nc~\\'''-\"~
0. ~~O-Vt~
5. The alleged hardship hasbnot been self. created because: , (
(195+ &E dO'llJcr I/.SINl?~ \~10I"4~ t.
6. This Is the minimum relief necessary, while at the same time preserving and protecting the
character of the neighborhood, and the health, safety and welfare of the community. (Please
explain on a separate sheet it necessary.)
4e5
7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and
substantial Justice will be done because: (Please explain on a separate sheet If necessary.)
L1'6
( J) Check this box and complete PART A, Questions on previous page to apply AREA
VARIANCE STANDARDS. (Please consult your attorney.) Otherwise. clease croceed to the
slQnature and notarv area below.
Sworn to befflre me this .;JoIl>
Cti1 &
dayof.... '(iX"Ei~
(N~)
SI atu of pellant or Authorized Agent
( gent must submit Authorlzallon from Owner)
MARY E. GUILD .......
lloiIlY Public Sl8te crI New lUll'
Nci.OlllU48D17.~.4 .
QuIlified in Suffolk
ConlinIssion EJpItes' JulW 31J- iJ 0 "I
ZBA App 9130/02
IO~Q(.J - t f- 'f~. I
OWNER
TOWN OF SOUTHOLD PROPERTY ~lE~RD CARD
STREET 5" VILLAGE DIST. SUB.
~-
5~VtJ~t'
FO MER OWNER
Ihp>>1
.cd"',,:"; v. fh: Io(~"l-
1'1. j/,)2//yS 7e /,'
LOT
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""it t' (uf
N
GOt.!
E
a (fv, ~
z;
ACR.
OP'C
.000
S
W
eR~<A
"":4/>/0
FARM /70 COMM.
DATE REMARKS
s'" -".Nd ~/(i ,
CB. ;""Mlcs'
.Ji1V.
Mkt. Value -
TYPE OF BUILDING
WCi?'
RES.
SEAS.
VL.-
./ . (
-- ~,(' ,(\.
,k"'f,'tl"\ r /
LAND
IMP.
TOTAL
tJC_ III ,1~i-'1
rl
~'~I'/
- r,,'- 9
C IS'-
.
Tillable SA :r (; 0 oJ FRONTAGE ON WATER
c::to
Woodland FRONTAGE ON ROAD
Meadowland DEPTH \
House Plot /-/1 l:zoo BULKHEAD
Total
L
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M. Bldg. ')...1/,{/2-Q=. (., (It. 2~ /J9 1- i,i. I ~l ,. . --
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Z/"i: ~ i),-f. e . 2/ ,,( Sot.( ~Jo' l_L
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Extension I
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Extension )\:)0'+ -!.
-----.-.- .----- -
r:. IHAu ... l.OY,~ /tJt//\ jt>o /61((; Foundation CIS Bath / Dinette
- :: -
ch Basement )/. Floors C'NI" K.
-
Porch Ext. Walls J/f ".",;" C Interior Finish ",I,#. lR.
iF; .
B. ..-I 2{)Y~9 ')f:1J S-tJ d9() Fire Place N,. Heat DR.
"= ,. .
r_ ~g! %7 , I'-'~ P'Ype Roof Rooms 1 st Floor BR.
12-- f+o",p +toCJSl-S ~--2" {t'Trl !Il C",...JI_L
Patio - 31"l" Recreotion Room Rooms 2nd Floor FIN. B
..
O. B. Dormer Driveway
Total ., .~,
::> 'f""<-
.......
-
COLOR (( 'I<
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RIM
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~(q7);
" "1 U <) /-'l~
PERMIT NO.
BUILDING PERMIT APPLICATION CHECKLIST
Do you have or need the following, before applying?
Board of Health
4 sets of Building Plans
Planning Board approval
Survey
Check
Septic Form
N.Y.S.D.E.C.
Trustees
Contact:
Mail to:
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
SOUTHOLD, NY 11971
TEL: (631) 765-1802
FAX: (631) 765-9502
www.northfork.net/Southold/
Examined
Approved
Disapproved alc
,20_
,20_
Phone: b!>/-7~-~147
Expiration
,20_
,~,(v,t~!t PPLlCATl~:i::::INGPERMIT
'\~i' ,,vJ ~-~ Date f//~
~' \.---",:\ ','~r~:'.~ INSTRUCTIONS I
a. ~~~ST 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
shali 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.
APPLICA nON IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
Building Zone Ordinance of the Town of South old, 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.
,20tJ5'
(Signature of applicant or name, if a corporation)
fJI. (;t rOO /tJortA Ad fJCUV/(/ #1.
(Mailing addres~ of applicant) II q G ('
State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder
IJj
V
~t
0WN4!/2-
Name of owner of premises ::J'ttt If). av-.:.\d
(As on the tax roll or latest deed)
If applicant is a corporation, signature of duly authorized officer
(Name and title of corporate officer)
Builders License No.
Plumbers License No.
Electricians License No.
Other Trade's License No.
I. Location of land on which proposed work will be done:
:3/f;;q5 G{2 LJf(
House Number Street
~("O/Jt0
Hamlet
County Tax Map No. I 000 Section
Subdivision
bB
Block '/
Filed Map No.
Lot fCf
Lot
(Name)
2. State existing use and occupancy of premises and intended use and occupancy of propo,sed construction:
a. Existing use and occupancy crra'€iJJ AoCJ.S ~ - m.r f\tI14 .
b. Intended use and occupancy :f/2..f'TVl fllJ-9
3. Nature of work (check which applicable): New BuilHing Addition V Alteration
Repair Removal Demolition Other Work
35: 0-0
(To be paid on filing this application)
Number of dwelling units on each floor
(Description)
4. Estimated Cost
$DDJ ()()O
Fee
Phone No.
Phone No
Phone No.
14. Names of Owner of premises
Name of Architect
Name of Contractor
Address
Address
Address
15 a. Is this property within 100 feet ofa tidal wetland or a freshwater wetland? *YES_NO V
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BYQUIRED.
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.
STATE OF NEW YORK)
SS:
COUNTY OFSJ~f: ik
being duly sworn, deposes and says that (s)he is the applicant
e of in lvidual signing contract) above named,
(S
ctf'AlJth
(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 this
Cjt'" day of A":)'J'+ 200,-
~~c~
~o6'f A~<i~~arIC6 Stale of New York
No.01JU605940
Qualified In Suff~lk Countv9 20'" "7
Commission expires May 2 I ~
II! 1/
Signature of Applicant
- ',~ !5-~(~~~@;t/"~~;~;:;~)6-;;/dCi~fb~ luUNGADDRESS:
PLANNING BOARD ~~fB.S SO P.O, Box 1179
'~~~~;;: !tj' :E~~E:
GEORGE D. SOLOMON ~. ~~l! (cor. Main Rd, & Youngs Ave,)
JOSEPH L. TOWNSEND "1.f COUN1'l ,\\'-" Southold, NY
Telephone: 631 765-1938
Fax: 631 765-3136
Date: April 25, 2006
To: Ruth Oliva, Zoning Board of Appeals Chair
From: Jerilyn B Woodhouse, Planning Board Chairperson ~
Re: Appeal # 5866
Guild Greenhouse
34695 County Road, Peconic
SCIM: 1000-68-4-19 Zone: AC
PLANNING BOARD OFFICE
TOWN OF SOUTHOLD
RECElVff.,-1
i
APR 2 6 2006 '
ZONING BOARD OF APPEALS
In response to your memo dated April 3, 2006, the Planning Board (PB) has reviewed the revised
site plan and offers the following comments:
· We are site planning this project under the Building Departments Notice of Disapproval
dated August 30, 2005 and last revised on March 1, 2006, The notice indicates "The
proposed addition will have a rear yard setback of +!- 56' and a total lot coverage of +! - 32
percent" , additionally the existing greenhouse violates the 20' side yard setback detailing an
existing of 19,8',
· The Planning Board is currendy reviewing a site plan (swvey) prepared and certified by
Joseph A Ingegno, Land Swveyor dated August 23, 1996 and last revised September 20,
2005, Be advised the swveywe are reviewing has a new proposed 18'x132' greenhouse
connector addition and new proposed attached 108'x 324' greenhouse hand drawn in scale
with black marker,
· The side yard setback noted on the swvey for the new proposed greenhouse connector
addition of 18'x132' is 19-8' at the south east comer,
· The Planning Board started the site plan application on September 12, 2005 and staff
notified the applicant that the site plan application is incomplete. The applicant was given a
site plan checklist for all missing items. The main requirement for Planning to process this
application is a minimum of four copies of a complete site plan. At this time the applicant
has not met this requirement and the site plan can't be processed further as per the Town
Site Plan Zoning Codes.
· Suffolk County Planning Department, after review, responded on December 14, 2005 stating
they require a copy of the site plan and "Full Statement of the Facts" pursuant to GML 239
at this time before any comments can be issued. See attached letter.
f! t 1 J.{+ ends)
.
.
Guild Greenhouse
Page Two
April 24, 2006
· Suffolk County Department of Suffolk County Public Works responded on January 27,2006
after review and indicated a permit will be required. See attached letter.
. The Architectural Review Committee after review and discussion of the site plan material
accepted the project. See attached minutes.
. Prior to Planning Board approval, this application will require the following approvals:
Southold Town Building Inspector, Town Engineer, SC Planning, L WRP, NYS DEC
SPEDES, Southold Fire District and smpw.
· While the Planning Board is not normally in agreement of any variance exceeding Lot
Coverage Percent, the proposed agricultural land use is customary to the AC zoning and
adapts with current land use. The rear yard setback could be mitigated by relocation or
rearrangement of the proposed greenhouse additions. The proposed Greenhouse land use is
a growing farming type of land use in Southold and is becoming more common. In
addition, the Planning Board feels that the view-shed from County Road 48 is protected
based on the proposed location being north of the existing greenhouse.
· As per the Suffolk County Water Authority's Source Water Assessment Program (SWAP),
wellhead # 113387 is directly adjacent to the subject parcel sharing 1 contiguous side (please
see attached). Consequently, the Planning Board is in favor of a controlled agricultural use
in this location due to the proximity of the well provided that:
1. An adequate drainage subsurface system is proposed to control impermeable
surface area runoff.
2. The irrigation system is designed to reuse and recycle irrigation water.
We hope these comments will be useful to the ZBA in its review of this appeal.
Cc: Planning Board members
Ene: Attachments
p. ~ 1J-
· COUNTY OF SUFFOLP
~
5v lOr
05
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
December 14, 2005
Town of Southold Planning Bd.
53095 Main Road - P.O. Box 1179
Southold, NY 11971
Attn: Bruno Semon, Sr. Site Plan Reviewer
Re: Guild Greenhouse
34695 Country Rd. 48, Peconic
SCTM No.: 1000-68-4-19
SCPC File No.: 1333-Inc.-05
DEe 2 3 2005
Gentlemen:
Please be advised that pursuant to Sections A 14-14 to 23 of the Suffolk County Administrative Code,
the above captioned application will not be reviewed until the following information is submitted through the
offices of the municipal referring agency.
· Copy of site plan (none forwarded)
. "Full Statement of Facts" pursuant to GML 239
Thank you.
Very truly yours,
Thomas Isles, AICP
Di="""P1_, ~
~~
~~~.AlZ;- -
Chief Planner
APF:cc
G:\CCHORNY\ZONING\ZONING\WORKlNG\INCI200Slsd05_inc.
LOCATION
H. LEE DENNISON BLDG. - 4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
.
MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE. NY 11788-0099
.
(516} 853-5190
TELECOPIER (5161853-4044
~
n
1.tL
Sf"
. COUNTY OF SUFF(.,....
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PUBLIC WORKS
RICHARD J. LAVALLE, P.E.
CHIEF DEPUTY COMMISSIONER
CHARLES J. BARTHA, P.E.
COMMISSIONER
January 27, 2006
LESLIE A. MITCHEL
DEPUTY COMMISSIONER
Town of Southold
Planning Board Office
P.O. Box 1179
Southold, N. Y. 11971-0957
".1
._..............-~.
", "N..r~,",. .
. ','.,,,..,,,"- '..':.-
"'~;rr~;;~l ~-
Attn: Bruno Semon, Senior Site Plan Reviewer
Re: CR 48, Middle Rd.
Guild Greenhouse
SCTM#1000-68-4-19
.,
FEll -...
2006
I .
Dear Mr. Semon: '. c. I L.__ ..
This Department has reviewed the above-referenced site plan and offers tht'~ol~\ints::
A permit from this Department will be required pursuant to Section 136 of ~i:~Wl!)'m.Od1.fY''ih~ ~~;;'fu:t.", .
access and install asphalt tipup along the entire CR 48 frontage. . ".-
Before a permit is issued by this Department for these improvements, documentation pursuant to Section 239F of the
New York State General Municipal Law must be forwarded to us from the Town Building Department for our review
and comments.
Suffolk County permits a maximum width of 35 ft. for commercial driveways. Therefore, this access must be
narrowed to meet this Department's standards.
The access must provide unimpeded movement onto the site from CR 48 for a minimum distance of75 ft.
Please provide pla.'1S showing the existing roadway features fronting this site (i.e. curbing, sidewalk, existing
driveway, drainage basins, traffic lane markings, utility poles, etc.) and the proposed improvements.
If you have any questions, kindly contact this office at 852-4100.
Very truly yours,
By:
William Hilhnan, P .E.
Chief Engineer
~~
Bianca Dresch, P.E.
Senior Civil Engineer
WH:BD:ln
SUFFOLK COUNTY IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER
335 Y APHANK AVENUE
.
Y APHANK, N.Y. 1 1 980
.
(631) 852-4010
FAX(631) 852R4150
.
.
TOWN OF SOUTHOLD
ARCHITECTURAL REVIEW COMMITTEE MINUTES
4:00 p.m., March 1, 2006
Town Hall Conference Room
Present were: Architects Glynis Berry, Acting Chairman Sanford Hanauer,
members Herbert Ernest, Howard Meinke and Nicholas Planamento, Senior Site
Plan Reviewers Bruno Semon and Amy Ford, ARC Secretary Linda Randolph,
and project representatives.
The following addition was made to the minutes of the January 12, 2006 meeting:
"Councilman Wickham requested additional members for the ARC." Said
minutes were approved with the above addition.
J. Guild Greenhouse SCTM# 1000-68-4-19
After review and discussion, the Committee accepted the project.
BCB Realty Holding Corp. SCTM# 1000-45-4-8.3
After a review of the revised main signage, the Committee approved the project.
Malon Industries, Inc. SCTM# 1000-97-5-4.5
The Committee recommended lowering the main entry sign to the top of the base
and submission of all signage for review.
Osprey's Dominion Conservatory Add. SCTM#'s 1000-75-1-20.1 & 20.2
Committee approved the project to enlarge the tasting room, pending submission
of proposed lighting and catalog cuts.
East Marion FD Telecom SCTM# 1000-31-3-11.31
After much discussion, the Committee recommended reconsideration of height
and location to reflect impact on existing and future nearby residential properties.
Rich's Quality Auto Body SCTM# 1000-102-3-1
The Committee accepted Town Engineer Jamie Richter's recomlT1Ejndation and
reviewed and approved the lighting fixtures as submitted.
Matt-a-Mar Marina Expansion SCTM#1000-114-3-1
The Committee accepted the letter dated February 23, 2006 from Patricia Moore
advising that the materials and colors for siding & roof will match the existing building as
closely as possible.
.
Well Number: 8-113387
.
Owner (Purveyor): Suffolk County Water Authority
Owner's Well Designation (Local #): Well # 1
Location (Site Name): Middle Road Peconic
Town: Southold
Screened Interval (MSL): -26 To -76
Aquifer: Upper Glacial
Well Depth:
Simulated Pumping Rate (cfd): 2932.7
Minimum Time of Travel (Yrs): 3.5
Sub!lrids used in Model: cz_sg14
Table S-113387-1: Land Use Summary
Land Use Type Land Use Area /Acres' in Tim" Of Travel
2 5 25 50 75 100 Total %
Agricultural 1.05 14.92 15.97 67.7
Commercial Unsewered 1.85 1.85 7.8
Low Densitv Residential Unsewered 1.02 1.02 4.3
Medium Density Residential Unsewered 0.05 0.00 0.05 0.2
Transportation 4.63 0.09 4.72 20.0
Totals 8.59 15.00 23.59
---------------------------------------------
Table S-113387-1A: Contaminant Prevalence Summary By Land Use
Contaminant By Land Use
Category 2 5 25 75 100
Microbials L L
Nitrates H
Pesticides H
Ivac.
MI
Mondav. April 07. 2003
Palle 99/ of 104/
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. 5-113387
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Travel Time (Years)
0 Two 0 Fifty
Five 0 Seventy Five
0 Twenty Five 0 One Hundred
Contributing area to well number 5-113387
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Land Use Classifications
~ Low Density Residential _ Agricultural
.. Medium Density Residential D Vacant
_ High Density Residential Transportation
_ Commercial _ Utilities
_ Industrial _ Waste Handling Mant.
_ Institutional _ Surface Water6
_ Open Space
CJ
Lot Lines
.
Public Supply Wells
100 0
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100 Feet
,
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,
Map Date April 03, 2003
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· COUNTY OF SUFFOL~
~
STEVE LEVY
SUFFOLIC COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
June 12,2006
Ms. Ruth Oliva, Chair
Town of Southold ZBA
53085 Main Rd., P.O. Box 1179
Southold, NY 11971
Dear Sir:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the following
application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter for local
determination as there appears to be no significant county-wide or inter-conununity impact(s). A decision oflocal
determination should not be construed as either an approval or disapproval.
Annlicant(s)
Milot, Philip
Edgewater II
Landi, Thomas
Roberts, Gregg & Kathi
Speyer, James & Karen
Hill, Charles & Lynn
Grun, Susan Rogers
Festa, Carol
Napolitano, Anthony & Susan
Mc LaugWin, Terry
Renna, Angelo & Susan
Long, Paul
Cacioppo, Anthony & Danielle
Haerr, Julie Anne
Doody, Peter
Karacostas, Elena
Brandvold, John & Marion
Rouleau, Eric
Biel Associates, LLC
Orient Fire District
Guild, Jay
Municinal File Number(s)
5705
5815
5816
5817
5819
5823
5824
5834
5835
5837
5840
5841
5842
5845
5847
5850
5851
5852
5855
5863
5866
Very truly yours,
Thomas Isles, AICP
Director of Planning
S/s Christonher S. Wrede
Planning Aide
CSW:cc
LOCATION
H. LEE DENNISON BLDG. - 4TH flOOR
100 VETERANS MEMORIAL HIGHWAY
.
MAiliNG ADDRESS
P. O. BOX 6100
HAUPPAUGE. NY 11788-0099
.
(631) 853-5190
TELECOPIER (631) 853-4044
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STATE OF, NEW YORK
DEPARTMENT OF AGRIC~L TURE AND MARKETS
108 A~~!iM Drive
AlbanyJlew York 12235
Division of Agricultural Protection
and Development Sew/ces
511J.457-7076
Fax. 518-457-2716
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September 14, 2006
Hon, Scott Russell, Supervisor
Town of Southold
53095 Route 25
PO Box 1179
Southold, NY 11971
,...-/
Ms. Ruth Oliva, Chairwoman
Town of South old ZBA
53095 Route 25
PO Box 1179
Southold, NY 11971
Re: Review of the Town of Southold's Zoning Code and the Administration of the
same, as it Pertains to the Jay W. Guild Wholesale Grower Farm Operation Which
is Located Within Suffolk County Agricultural District No.1
Dear Supervisor Russell and Ms. Oliva:
As stated in my June 23, 2006 letter to you, the Department received a request from Jay
Guild, owner of Jay W. Guild Wholesale Grower, to review the Town of Southold's Zoning Code
and the Town of Southold Zoning Board of Appeals's (ZBA) determination dated May 22, 2006,
as it pertains to his farm operation for compliance with Agriculture and Markets Law (AML)
11305-a, subdivision 1. The Guild parcels are located within Suffolk County Agricultural District
No.1, a county adopted, State certified agricultural district. The land, greenhouses and other
structures are used to produce bedding plants, hanging baskets, bulb materials, mums,
poinsettias, and other horticultural products,
Pursuant to AML II 305-a, local governments are prohibited from unreasonably
restricting or regulating farm operations located within a county adopted, State certified
agricultural district unless it can be shown that the public health or safety is threatened. "Farm
operation" is defined in part as "".the land and on-farm buildings, equipment, and practices
which contribute to the production, preparation and marketing of crops, livestock and livestock
prOducts as a commercial enterprise." [ll 301, subd. 11] Under the definition of "crops, livestock
and livestock products," "horticultural specialties" includes nursery stock, ornamental shrubs,
ornamental trees and flowers, [AML II 301 (2)(d)). Based upon information received from Mr.
Guild, the Department has determined that Jay W. Guild Wholesale Grower is a farm operation
pursuant to AML 11301, subd. 11.
Mr. Guild indicates that he appeared before the Town's ZBA on May 11, 2006 to seek
relief from various Zoning Code requirements for yard setbacks and maximum area coverage
limitations, Mr. Guild requested a side-yard variance for an existing 108 foot by 324 foot
greenhouse, The greenhouse was offset from the property line by 19,9 feet rather than the
.
.
\ Illl()()O
st.?
Hon. Scott Russell, Supervisor
Ms. Ruth Oliva, Chairwoman
Page 2
required 20 feet. Mr. Guild further applied for a side-yard setback variance for a proposed 108
foot by 324 foot greenhouse with a proposed 18 foot by 132 foot covered connecting structure
between the two greenhouses. The connecting structure would be used to grow hardy crops
and provide proper airflow between the two greenhouses. In addition. a rear-yard setback
variance was requested for the proposed 108 foot by 324 foot greenhouse as it would encroach
upon this setback by 18 feet.
The ZBA stated that if the proposed greenhouse was constructed, lot coverage would
be approximately 32 percent. exceeding the Town Code's 20 percent maximum lot coverage.
The ZBA, by its decision of May 22, 2006, granted the side-yard setback variance, but denied
the rear-yard setback variance and a request for relief from the maximum lot coverage
requirement.
Upon review of the Town of Southold's Zoning Code, the Department has the following
comments and findings.
Section 100-30 of the Code states that the purpose of the Agricultural-Conservation
District and the Low-Density Residential Districts is to prevent the loss of open lands and
protect the soil resource, aquifer recharge areas and bluffs. The purpose clause also mentions
the economic, social and aesthetic benefits associated with open space. The objective is to
also to "...exercise its authority to reasonably regulate the subdivision and development of this
land to further the same purposes while honoring the legitimate interests of farmers and other
farmland owners."
Section 100-31(2) (a) recognizes nurseries and the seasonal sale of products grown on
the premises as a permitted use within the A-C Zoning District. Section 100-31(2) (c) states
that greenhouses, including plastic covered structures, must conform to yard requirements for
principal buildings. Furthermore, according to the Bulk Schedule for properties located within
the A-C Zoning District, the side yard setback is 20 feet, the rear yard setback is 75 feet and
the maximum lot coverage is 20 percent.
The establishment of setback distances increases the cost of doing business for farmers
because the infrastructure needed to support the operation is already located within, and
adjacent to, the farmstead area or existing farm structures. Setbacks can also increase the
cost of, or make it impracticable to construct, new structures for the farm operation.
Furthermore, a rear-yard setback that exceeds a reasonable side-yard setback may be
unreasonably restrictive. The Department understands that the property located adjacent to
and behind the Guild parcel is owned by Suffolk County and is part of its water supply system.
It appears unlikely that the location of greenhouses closer than 20 feet to the rear property line
would have a negative impact on this property. The Department finds that the denial of Mr.
Guild's request to establish a new greenhouse 56 feet from the rear property line under these
specific site circumstances unreasonably restricts the Guild farm operation.
v
Establishing a maximum lot coverage that may be occupied by greenhouses or other
buildings associated with a farm operation may also be unreasonably restrictive under AML
~305-a. Farm operations should be allowed the maximum use of available land, consistent with
~
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.
.
.
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St.'? .
Hon. Scott Russell, Supervisor
Ms. Ruth Oliva, Chairwoman
Page 3
the need to protect the public health or safety. Generally, if setbacks between buildings are
met and adequate space is available for interior roads, parking areas (where required), and
safe operation of vehicles and equipment, health and safety concerns are not likely. A
maximum lot coverage limitation of 20 percent is needed to allow farm operations within a
county adopted, State certified agricultural district the ability to fully utilize land for production. If
the additional greenhouse can be safely accommodated on the existing parcel of land, it
appears that the 20 percent limitation unreasonably restricts the Guild farm operation.
Based upon the Department's review of the information submitted by Mr. Guild,
including the ZBA Determination, and a review of aerial photography of the subject land, and
the Town of Southold's Zoning Code, the Department has determined that the Zoning Code
and its administration by the Town and the ZBA, to require Jay W. Guild Wholesale Grower to
comply with the rear-yard and maximum lot coverage limitations identified in the Town Zoning
Code's Bulk Schedule, unreasonably restricts the farm operation in possible violation of AML
~305-a, subd. 1. The Department would like to hear from the Town and the ZBA on the issues
raised. If the Town or the ZBA believe that the public health or safety is threatened by the
establishment of the proposed greenhouse by the farm operation, please provide us with any
documents or other evidence you may have to that effect. We request that you respond in
writing within 30 days of receipt of this letter. The Department will consider the Town's and the
ZBA's responses in evaluating whether the administration of the local law is in compliance with
~305-a, subd. 1.
We look forward to working with the Town and the ZBA to address the apparent
conflicts between the local law and AML ~305-a. If you have any questions concerning the
agricultural issues identified, please do not hesitate to contact Dr. Somers at (518) 457-2713. If
your attorney has any questions, he may contact Danielle Cordier, Senior Attorney, at (518)
457-2449. Thank you for your cooperation.
~ncerelJ'
CU~~J~
William Kimball
Director
cc: Jay W. Guild, Landowner
Ken Schmitt, Chair, Suffolk County AFPB
Thomas Lindberg, First Deputy Commissioner, Dept. of A&M
Rick Zimmerman, Deputy Commissioner, Dept. of A&M
Joan A. Kehoe, Counsel, Dept. of A&M
Dr. Robert Somers, Dept. of A&M
Danielle Cordier, Esq., Dept. of A&M
j~/!---{~ Z6If if fb/13
PA'rRICIA A. FINNEGAN.
TOWN ATTORNgy
patricia.finnegan@town.southold,oy.us
z6/7
LORI HULSE MONTEFUSCO
ASSISTANT TOWN ATTORNgy
lori. montefusco((~town.southold. ny. us
.
SCOTT A. RUSSELL
Supervisor
KIERAN M. CORCORAN
ASSISTANT TOWN ATTORNEY
kieran.corcoran@town.southold.ny.us
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
TOWN OF SOUTHOLD
ocr 1 ~ 200b
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October 11 , 2006
Mr. William Kimball, Director
NYS Dept. of Agriculture and Markets
10B Airline Drive
Albany, NY 12235
RE: Variance Application of Jay W. Guild Wholesale Grower Farm
Operation
Dear Mr. Kimball:
Please allow this letter to respond to yours dated September 14, 2006,
addressed to Supervisor Russell and Chairwoman Oliva of the Zoning Board of Appeals
concerning the ZBA determination dated May 22, 2006 relating to yard setbacks and lot
coverage in connection with the referenced matter.
The Zoning Board of Appeals reviewed your letter and the record and voted at
their October 5 meeting to hold a rehearing on the Guild application. The rehearing will
take place on November 30, 2006 at 1: 15 p.m. at South old Town Hall, and comments
from the Department of Agriculture and Markets, Mr. Guild, and any other interested
persons will be accepted at that time.
Additionally, the Town Board has referred this issue for review by their Code
Committee and will be considering whether any amendments to the Town Code should
be proposed at this time.
f (1 P(i)
Mr. William Kimball
October 11, 2006
Page 2
.
.
.
Please contact me if you have any questions or comments regarding this matter
or if you require any further information from the Town on this application.
PAF/lk
cc: Mr. Jay W. Guild
Danielle Cordier, Esq., NYS Dept. of Agriculture and Markets
Members of the Town Board
Zoning Board of Appeals ~
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.
,
SCOTT A. RUSSELL
Supervisor
KIERAN M. CORCORAN
ASSISTANT TOWN ATTORNEY
kieran.corcoran@town.souLhold.ny.us
Town Hall Annex, 54375 Route 25
P.O. Box 1179
Southold, New York 11971-0959
LORI HULSE MONTEFUSCO
ASSISTANT TOWN ATTORNEY
Iori. montefusco@town.southold.ny.us
Telephone (631) 765-1939
Facsimile (631) 765-6639
OFFICE OF THE TOWN ATTORNEY
'I'OWN OF SOUTHOLD
Mr. Robert Somers, Manager
Ag. Protection Unit
NYS Dept. of Agriculture and Markets
10B Airline Drive
Albany, NY 12235-0001
RECe.NEO
NO~ 1 6~~(l~E>~
November 16, 2006 Gc,tl OF ",PPE",\.5
ZONING BO~/ ~~
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~\~'1ltt~
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RE: Variance Application of Jay W. Guild
Dear Mr. Somers:
In response to your fax correspondence of November 13, 2006, please be
advised that the Zoning Board of Appeals requests, as part of the application procedure,
that all applicants for a variance provide seven (7) copies of a survey showing proposed
and existing setbacks, dimensions of new construction and lot coverage. I have
attached a copy of the instruction sheet given to all applicants for variances. It
specifically states that lot coverage shall be calculated by a licensed surveyor.
In this instance, Mr. Guild provided only an existing survey, altered by him, to
show the proposed location of the buildings and estimated lot coverage. The Zoning
Board staff initially requested an accurate survey site map, and the applicant refused.
The applicant was very confrontational with staff, and they accepted the map leaving it
up to the Board to request the appropriate survey.
The Board discussed the matter at their last meeting, and passed the resolution
dated November 13, 2006 requesting that applicant follow the procedure and furnish the
requested survey. Please note that, as applicant has a survey of the property, I am
advised by Zoning Board staff that the cost to applicant should not exceed $250.00 to
Mr. Robert Somers
November 16, 2006
Page 2
.
.
.
"'
have the surveyor show the requested building, setbacks and lot coverage on the
survey.
Please contact me jf you have questions or require any further information.
PAF/lk
Enclosure ./
cc: Zoning Board of Appeals (w/encl.)V
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~OUNTY OF SUFFOLK ·
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STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
DEPARTMENT OF PLANNING
THOMAS ISLES, AICP
DIRECTOR OF PLANNING
January 3, 2007
Ms. Ruth Oliva, Chair
Town of Southold ZBA
53085 Main Rd., P.O. Box 1179
Southold, NY 11971
Dear Ms. Oliva:
Pursuant to the requirements of Sections A 14-14 to 23 of the Suffolk County Administrative Code, the
following application(s) submitted to the Suffolk County Planning Commission is/are considered to be a matter
for local determination as there appears to be no significant county-wide or inter-community impact(s). A
decision of local determination should not be construed as either an approval or disapproval.
Applicant( s)
Municipal File Number(s)
Guild, Jay W.
5866
Very truly yours,
Thomas Isles, AICP
Director of Planning
S/s Christopher S. Wrede
Environmental Planner
CSW:cc
LOCATION
H. LEE DENNISON BLDG. - 4TH FLOOR
100 VETERANS MEMORIAL HIGHWAY
.
MAILING ADDRESS
P. O. BOX 6100
HAUPPAUGE, NY I I 788-D099
.
(631) 853-5190
TELECOPIER (631) 853-4044
.
ELIZABETH A. NEVILLE
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
-.
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
sou tholdtown.northfork.net
OFFICE OF THE TOWN CLERK
TOWN OF SOUTH OLD
TO:
Southold Town Zoning Board of Appeals
FROM:
Elizabeth A. Neville
DATED:
March 6, 2006
RE:
Zoning Appeal No.
5866
Transmitted herewith is Zoning Appeals No. 5866 of Jav W. Guild- the Application to the
Southold Town Board of Appeals. Also enclosed is a Project Description, a Questionnaire For
Filing With Your Z.B.A. Application, Applicant's Project Description, Applicant Transactional
Disclosure Form, a Short Environmental Assessment Form, LWRP Consistency Assessment
Form, a Notice of Disapproval, a Town of Southold Property Record Card, and a Survey of the
property.
.
.
ARC Meeting Minutes
March 1, 2006
Page Two
Copies of Mark Terry's February 27th memo to Supervisor Russell regarding "Design
Standards for Commercial Uses in the Hamlet Business and General Business Zoning
Districts" were distributed to the members.
The meeting was adjourned at 6:00 p.m.
cr()&* cM-(J~
Linda Randolp
ARC Secretary
. Town of South old
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L WRP CONSISTENCY ASSESSMENT FORM
A. INSTRUCTIONS
I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for
proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This
assessment is intended to supplement other information used by a Town of Southold agency in
making a determination of consistency. * Except minor exempt actions including Building Permits
and other ministerial permits not located within the Coastal Erosion Hazard Area.
2. Before answering the questions in Section C, the preparer of this form should review the exempt
minor action list, policies and explanations of each policy contained in the Town of Southold Local
Waterfront Revitalization Program. A proposed action will be evaluated as to its significant
beneficial and adverse effects upon the coastal area (which includes all of Southold Town).
3. If any question in Section C on this form is answered "yes", then the proposed action may affect the
achievement of the LWRP policy standards and conditions contained in the consistency review law.
Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a
detennination 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 L WRP 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 South old's website
(southoldtown.northforknet), 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#
~ft
f/
11
The Application has been submitted to (check appropriate response):
Town Board 0 Planning Board [J Building Dept. U1 Board of Trustees D
1. Category of Town of Southold agency action (check appropriate response):
(a)
Action undertaken directly by Town agency (e.g. capital
construction, planning activity, agency regulation, land transaction)
[2f
D
(b) Financial assistance (e.g. grant, loan, subsidy)
--~C)- Permit, approval, license, certifiCation:
.. --llf----------
Nature and extent of action:
- neC&
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:[;-OfYI Bo M
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(t)rJ J
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Lt> -rLoo-e.f'tij''l.
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Location of action: ?'1~5 c,,11-'I t"
Site acreage: t: t1Cre...5
Present land use: ctj ( I (! k~ --<-
Present zoning classification: Deft') C-u ~VJ -Z
2. If an application for the proposed action has been filed with the Town of Southold agency, the following
infonnation shall be provided:
.
fetolJlv ~'f 1/9~g-
(a) Name of applicant:
(b) Mailing address:
(c) Telephone number: Area Code ( )
(d) Application number, if any:
Will the action be directly undertaken, require funding, or approval by a state or federal agency?
Yes D NoD
If yes, which state or federal agency?
C. DEVELOPED COAST POLICY
Policy 1. Foster a pattern of development in the Town of Southold that enhances commuuity character,
preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and
minimizes adverse effects of development. See L WRP Section III - Policies; Page 2 for evaluation
criteria.
DYes D No D Not Applicable
Attach additional sheets if necessary
-pmicy~;ProtecrafiO 'presetvehTSt6t1c aiidarclHieologicalresources' Ofllie'fOwnoTS-oiidiillll-:- SeeTWRpm
Section III - Policies Pages 3 through 6 for evaluation criteria
DYes D No D Not Applicable
Attach' additional sheets if necessary
.
.
Policy 3. Enhance visual quality and protect scenic resources throughout the Town of South old. See
LWRP Section III - Policies Pages 6 through 7 for evaluation criteria
DYes D No D Not Applicable
Attach additional sheets if necessary
NATURAL COAST POLICIES
Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP
Section III - Policies Pages 8 through 16 for evaluation criteria
DYes 0 No 0 Not Applicable
Attach additional sheets if necessary
Policy 5. Protect and improve water quality and supply in the Town of South old. See L WRP Section III
- Policies Pages 16 through 21 for evaluation criteria
DYes 0 No DNotApplicable
Attach additional sheets if necessary
Policy 6. Protect and restore the quality and function of the Town of South old ecosystems including
Significant Coastal Fish and Wildlife Habitats and wetlaJlds.See l."'~ SectioI!JII=J>oJi~i~~;J)J!g~22
through 32 for evaluatTollcriteria,
DYes 0 No 0 Not Applicable
.
.
Attach additional sheets if necessary
Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies
Pages 32 through 34 for evaluation criteria.
DYes D NoD Not Applicable
Attach additional sheets if necessary
Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous
substances and wastes. See L WRP Section III - Policies; Pages 34 through 38 for evaluation criteria.
DYes D No D 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 L WRP Section III - Policies; Pages 38 through 46 for evaluation
criteria.
D YesD NoD 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 L WRP Section III - Policies; Pages 47 through 56 for evaluation criteria.
~BYesEJ No []Not ApplicwJ.e
.
.
Attach additional sheets if necessary
Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary
and Town waters. See L WRP Section III - Policies; Pages 57 through 62 for evaluation criteria.
DYes 0 No 0 Not Applicable
Attach additional sheets if necessary
Policy 12. Protect agricultural lands in the Town. of South old. See L WRP Section III - Policies; Pages 62
through 65 for evaluation criteria.
DYes 0 No 0 Not Applicable
Attach additional sheets if necessary
Policy 13. Promote appropriate use and development of energy and mineral resources. See L WRP
Section III - Policies; Pages 65 through 68 for evaluation criteria.
DYes 0 No 0 Not Applicable
Created on 5/25/05 ] ]:20 AM