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Home My WebLink About5691 7S-Seo . - S!c q ► -C Y s 13 , cx v„ ftsm rJ %Ott '3.2, Fesfs PAi Cga 9a,V. 4txoe- / ` z 5!a,��:s ��[.Y ��c�s� • ��d ii/,3a/ebb J APPEALS BOARD MEMBERS OF SU(/r Mailing Address: Ruth D. Oliva, Chairwoman �0�� yp�O Southold Town Hall 53095 Main Road • P.O. Box 1179 Gerard R Goehringer Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Michael A. Simon Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �l'YCO� � 54375 Main Road(at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net RECEIVED ZONING BOARD OF APPEALS 4 TOWN OF SOUTHOLD27 Tel. (631)765-1809•Fax(631)765-9064 /DEC 2 2 FINDINGS, DELIBERATIONS AND DETERMINATION Southold Town Clerb MEETING OF DECEMBER 14, 2006 ZB File No. 5691 —Serge and Susan Rozenbaum; E. Niamonifakis Property Location: 7540 Main Road (and Cedar Lane), East Marion CTM 31.-6-28.26 and 28.26 (part of 28.1) Zone District: R40 Low Density Residential SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. PROPERTY FACTS/DESCRIPTION: the applicant's property consists of 10 5 acres of land, with the 8 6 acres under the county of Suffolk Development Rights Program and the 1.9 acres directly fronting along the Main Road in East Marion BASIS OF APPLICATION. Zoning Code Sections 280-4 and 280-14 (formerly numbered Sections 100-13 and 100-32), based on the applicant's request to construct and operate a farm stand with design as a building for sales of farm produce and which is deemed as not meeting the definition of a farm stand, based on the Building Inspector's amended November 3, 2006 Notice of Disapproval. The reasons stated in the Notice of Disapproval are: "the proposed construction on an 18 75 acre farm parcel with three front yards in the AC Zone, is not permitted pursuant to Section 100-32 (renumbered 280-14), which states. "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC, R80 ... Districts unless 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 schedule, the proposed construction requires a front yard setback of 60 feet, and is not permitted pursuant to Section 100-13, which defines a farm stand as: 'any structure open to the weather on at least one side, used for the sole purpose of retail sale of produce grown by the owner of the stand on the farm acreage within the Town of Southold; and such structure 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 be insulated or mechanically heated or cooled by permanent equipment. A truck bed or trailer on wheels, with areas in excess of 20 square feet displaying produce, shall be considered a farm stand." 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: RELIEF REQUESTED: Owner/applicants propose to construct a farm stand with a setback of+/-6 feet from a proposed 25' R.O W instead of the code required 60 feet. Notice of Disapproval was amended October 5, 2006 to remove a proposal to insulate the building and on Nov 5, 2006 to remove the proposed attic space. f Page 2—December 14,2006 ZB File No.5691 —S.and S. Roze,ivaum; E. Niamonakis CTM#31.-6-28.26 and 28.26(part of 28.1) ZBA must determine if the proposed building as detailed in a site plan for Serge and Susan Rozenbaum based on a surveyor site plan prepared by Joseph Ingegno dated 10-03-05, and architectural plans and elevations drawn by East End Design Associates and dated 09-30-05, meet the definition of a farm stand as defined in Section 100-13 of the Town Code as cited above. INTERPRETATION OF THIS APPLICATION AS A FARM STAND: The definition in Section 100-13 of the Town Code for a farm stand is cited above. The owner/applicants' proposed building meets the definition as follows: 1. The North and South sides of the building will be accessed through double garage doors (each 10 x 8 feet) and the east elevation through 2 double doors (each 6 x 8 feet)for a total of 416 SF or 40.6 % of all building walls or 45%of the building perimeter, and 71.4%of the building width on 2 sides. 2. The farm stand will be open seasonally (from approximately May through October) and will sell varieties of lavender plants grown on the agricultural land to the south of the farm stand, fresh cut lavender, lavender dried on the premises in the basement of the proposed farm stand, lavender sachets, soaps and wands, and bottled honey and beeswax produced by honey bees in beehives in the lavender fields. 3. The doors described in 1 above will be open as primary entries and exits during business hours and when weather permits. The proposed farm stand is 25' 5 W high to the ridge of the roof, and is open to a cathedral ceiling on the interior. 4. The proposed farm stand will not be insulated or heated. 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 farm stand is residential in scale and style and is an attractive and appropriate addition to the neighborhood. Recorded Covenants and Restrictions on the subject property prevent vehicular access to the proposed farm stand from Cedar Lane, a small residential street that borders the westerly boundary of the subject property. A farm stand is an appropriate and allowable use for this parcel 2. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than the relief requested, because C&R's on the subdivision dated May 14, 2004 require access to two residential lots and the subject property from Main Rd./S.R. 25 through a 25 foot wide right-of-way along the easterly boundary. Since the building site is only 73.39 feet wide, even the relatively small proposed farm stand at a total footprint of 980 SF would require a setback variance from the R.O.W. 3. The variance granted herein is substantial. The requested setback variance represents 54 feet or 90 percent of the code required minimum 60 feet. However, although the proposed easement will be 25 feet wide, the actual traffic lane will be 10 feet wide, thereby expanding the visual proximity of the right-of-way to the proposed farm stand. Moreover, the property is noted by the Planning Board in a letter dated November 20, 2006 as being located in an R-40 Residential Zone rather than an Agricultural-Conservation Zone, changing the required minimum front yard setback of the code from 60 feet to 50 feet. The difference in relief being requested is less at 44 feet, compared to 54 feet in the A-C setback schedule, however the setback reduction is still substantial at 88 percent. 4. The alleged difficulty has not been self-created. The subject property has three front yards (Main road, Cedar Lane, and a private right-of-way). Any construction would require a front yard setback variance. Hage 3—December 14,2006 ZB File No. 5691 —S.and S. Roza, __jm; E. Niamonakis CTM#31.-6-28.26 and 28.26(part of 28.1) 5. No evidence has been submitted to suggest that the proposed farm stand will have an adverse impact on physical or environmental conditions in the neighborhood. However, the subject property is located on N.Y.S. Rt. 25 which has experienced increasing traffic congestion over time, and is also adjacent to Cedar Lane, a residential street that also requires access to N.Y.S. Rt. 25. It is important that measures are taken to ensure safe ingress and egress to the subject property and adequate on-site parking and circulation. 6. Grant of the requested variance is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a farm stand with required parking spaces,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 variance as applied for, as shown on the surveyor's site plan prepared by Joseph Ingegno dated 10-03-05, and architectural plans and elevations revised 9-30-05 by East End Design Associates, with the following Condition: 1. That pursuant to the Notice of Disapproval Amended November 3, 2006 and Chapter 47-3G of the Town Code, the approval of this variance for the proposed farm stand will require full parking plan approval by the Planning Board. 2. This farm stand shall remain seasonal and without heat. 3. The use of the basement shall be for storage use and drying of lavender and agricultural products. 4. No expansion or structural alterations (such as a second floor or adding heat, or year-round use, or similar changes) are permitted without prior application and determination issued by the Zoning Board of Appeals. 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. 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). 11> Ruth D. Oliva, Chairwoman 12/20/06 Approved for Filing LEGAL NOTICE SOUTHOLD 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: 10:15 A.M. SERGE AND SUSAN ROZENBAUM; M. NIAMONITAKIS and E. NIAMONITAKIS #5691. Request for Variances under Sections 280-4 and 280-14 (Sections 100-13 and 100-32), based on the applicant's request to construct and operate a farm stand with design as a building for sales of farm produce and which is deemed as not meeting the definition of a farm stand, based on the Building Inspector's amended November 3, 2006 Notice of Disapproval. The reasons stated in the Notice of Disapproval are: "the proposed construction on an 18.75 acre farm parcel with three front yards in the AC Zone, is not permitted pursuant to Section 100-32 (renumbered 280-14), which states: "No building or premises shall be used and no building or part thereof shall be erected or altered in the AC, R80 ... Districts unless 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 schedule, the proposed construction requires a front yard setback of 60 feet, and is not permitted pursuant to Section 100-13, which defines a farm stand as: `any structure open to the weather on at least one side, used for the sole purpose of retail sale of produce grown by the owner of the stand on the farm acreage within the Town of Southold; and such structure 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 be insulated or mechanically heated or cooled by permanent equipment. A truck bed or trailer on wheels, with areas in excess of 20 square feet displaying produce, 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. 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 9,2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN #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. C� Principal Clerk Sworn to before me this t day of XDV 2006 �ftr��Lo_w Val CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01-V06105050 Qualified In Suffolk County Commission Expires February 28, 2008 Residential Zone District. Location of deme or ine Property 1380 Bridge Lane,Cutchogue; setbac proposed at Hess building, 5 feat CTM 85-2-5. to the bulkhead and less than the code- 10:15 A.M. SERGE AND SUSAN required 15 feet on a single side yard at ROZENBAUM; M. NIAMONTTAKIS 7425 Nassau Point Road, Cutchogue; and E. NIAMONITAKIS #5691. Re- CTM 118-4-2. quest for Variances under Sections 2804 11:00 A.M. ROY C. and ROBERT and 280d4 (Sections 100-13 and 100- LEGAL NOTICE SCHOENHAAR#5764. Request for a 32),based on the applicant's request to Variance under Section 280-18(formerly SOUTHOLD TOWN construct and operate a farm stand with 100-30A.3)bulk schedule,based on the ZONING BOARD OF APPEALS design as a building for sales of farm pro- Building Inspector's May 17,2005 No- THURSDAY,NOVEMBER 30,2006 duce and which is deemed as not meeting lice of Disapproval, amended October PUBLIC HEARINGS the definition of a farm stand,based on 4,2006 for a lot which contains less than NOTICE IS HEREBY GIVEN,pur- the Building Inspector's amended No- 40,000 square feet and less than 175 feet suant to Section 267 of the Town Law vember 3,2006 Notice of Disapproval. of lot width in the R-40 Residential Zone and Chapter 280(Zoning) Code of the The reasons stated in the Notice of Dis- District,and a proposed building in the Town of Southold,the following public approval are: "the proposed constrgc- B-General Business Zone District with hearings will be held by the SOUTH- tion on an 18.75 acre farm parcel with a front yard setback at less than 100 feet OLD TOWN ZONING BOARD OF three front yards in the AC Zone,is not from a right-of-way. Location of Prop- APPEALS at the Town Hall, 53095 permitted pursuant to Section 100-32 erty: 10300 Main Road,Mattituck;CTM Main Road, P.O. Box 1179, Southold, (renumbered 280-14),which states: 'No 143-3-33.2,containing 2.586 acres. New York 11971-0959,on THURSDAY, building or premises shall be used and no 11:15 A.M. EDWARD FERGUS NOVEMBER 30,2006: building or part thereof shall be erected #5941. Request for a Variance under 9:35 A.M. FRANK MELE III#5976. or altered in the AC,R80 ..Districts un- Section 280-18(100-30A.3 based on the Request for a Variance under Section less the same conforms to the Bulk and Building Inspector's May 31,2006 Notice 280-15, based on the Building Inspec- Parking Schedule incorporated into this of Disapproval)concerning'a proposed tor's September 6,2006 Notice of Disap- chapter with the same force and effect as single-family dwelling with a setback at proval concerning a proposed accessory if such regulations were set forth herein less than the code-required 50 feet from swimming pool in a yard other than the in full.' According to the bulk sched- the rear lot line -r its closest point,m code-required rear yard,at 305 Gardin- ule,the proposed construction requires 1854 North Bayview Road, Southolat d; ers Lane,Southold;CTM 70-8-28. a front yard setback of 60 feet,and is 9:40 A.M. JOHN and ANGELA not permitted pursuant to Section 100- CTM 70-12-39.3 REINERTSEN #5973. Request for 13,which defines a farm stand as: `an 11:30 A.M. JAY W GUILD #5866 Variances under Sections 280-15 and structure open to the weather on at least (Rehearing) - Request fora Variance 280-18(100-30A.3 and 100-33 based on one side,used for the sole purpose of re- under Section the B,formerly Inspector's Building Inspector's August 4,2006 tail sale of produce grown by the owner 2c, based on the Building Inspector's Notice of Disapproval concerning a of the stand on the farm acreage within August 30,2005March Notice of Disapproval, proposed new dwelling,accessory swim- the Town of Southold,-and such struc- amended March 1, 2006 concerning ming pool,and accessory(cabana)build- ture may be one-story or less,roofed or commercial agricultural greenhouses ing.The dwelling will be less than 50 feet have partial walls and flooring but may proposed in a location at less than 75 from the front lot line and rear lot line, not be completely enclosed except when feet from the rear lot line,less than 20 and the swimming pool and accessory the business is closed. A farm stand may feet on a single side yard,and exceeding building will be in a side yard rather than not be insulated or mechanically heated the code limitation of 20 percent lot cov- the code-required rear yard. Location of or cooled by permanent equipment. A erage on this Middle R parcel,at 34695 C.R. Property 590 Arrowhead Lane,Peconic; truck bed or trailer on wheels,with areas (a/k/a Middle Road or North Road), 48 CTM 98-2-4.1 in excess of 20 square feet dis la in areas ro- Peconic; CTM 68-4-19 9.45 A.M. BERIT LALLI #5978. duce,shall be considered a farm and.' 11:45 A.M. EAST MARION FIRE Request for a Variance under Section Location of Property- 7540 Main Road DISTRICT#5972. Request fora Vari- 280-124(100-244 based on the Building (and Cedar Lane),East Marion; CTM ance under Section 280-69 (100-162A3, Inspector's May 15,2006 Notice of Dis- 31-6-28.5 and 28.6. A5) based on the Building Inspector's approval)concerning a proposed addi- 10:25 A.M. FITF, LLC#5617 Re- July 25, 2006 Notice of Disapproval tion to the existing dwelling at less than quest for Variances under Section 280- for construction of a proposed wireless the code-required 35 feet from the front 18 (Bulk Schedule) for a lot proposed communication/telecommunications lot line,at 1405 Narrow River Road,Ori- with less than 40,000 square feet of land tower on property owned, leased or ent;CTM 27-3-6.3, area in the R-40 Low-Density Residen- otherwise controlled by a special dis- 9:50 A.M. MARK MELNICK#5977 tial Zone District(formerly M-II),and a trict approved by the commissioners of Request for Variances under Sections lot under contract of sale with the Town the special district. The proposed tower 280-124 and 280-116(100-239 4B,based of Southold,proposed with an area of will exceed the code limitation — with on the Building Inspector's August 25, less than 80,000 square feet in the R-80 a height greater than 10 feet above the 2006 Notice of Disapproval, amended Residential Zone,located along the west average height of buildings within 300 November 9,2006 concerning an addi- side of Reservoir Road,Fishers Island; feet of the facility, OR if there are no tion and alterations for a second-story Suffolk County CTM Parcel 1000-9-8-2. buildings within 300 feet, these facili- over the existing first floor of the exist- 10:35 A.M. ZAHARIA PAPAZA- ties shall not project higher than 10 feet ing dwelling and addition at less than the HARIOU&OTHERS#5974. Request above the average tree canopy height in code-required 35 ft. front yard, at 405 for a Variance under Section 280-15, that radius measured from ground level. Private Road #3,Southold; CTM 70-6- based on the Building Inspector's Au- If there are no buildings within 300 feet 15. gust 24, 2006 Notice of Disapproval of the proposed facility site,all telecom- 9:55 A.M.MICHAEL FLYNN#5975 concerning an accessory swimming pool munication towers shall be surrounded Request for a Variance under Section proposed in a yard other than the code- by dense tree growth to screen views of 280-124 (100-244 based on the Build- required rear yard,at 2905 Private Road the facility in all directions. Location of ing Inspector's May 24,2006 Notice of #1,East Marion;CTM 22-3-8.1. Property 9245 Main Road,East Marion, Disapproval) concerning a proposed 10:40 A.M. ROBERT SEELEY CTM 31-3-11.31 containing 3 05 acres. addition to the existing dwelling at less #5912. Request for a Variance under The Board of Appeals will hear all than the code-required 15 feet,at 7800 Section 280-116 (100-2394A based on persons, or their representatives, desir- Soundview Avenue,Southold;CTM 59- the—Building lnspec4or' April 1-2,2006 ing-to be heard-at-eactrheariiig,a 9-32. sNotice of Disapproval concerning a desiring to submit written statements 10:00 A.M. HENRY OMAN and proposed accessQry swimming poo, be equest structure proposed at less than 100 feet Each hearing will not start earlier than for Variances under Section 280-14(100- from the top of the bluff adjacent to the designated above. Files are available for 32), based on the Building Inspector's Long Island Sound,at 1250 Sound Drive, review during regular business hours and July 25,2006 Notice of Disapproval con- Greenport; Rockcove Estates Lot 4, prior to the day of the hearing. If you cerning proposed Lots 1 and 2 with less CTM 33-3-19 4. have questions,please do not hesitate to than the code required 80,000 square 10:50 A.M. MICHAEL and ROBIN contact our office at(631) 765-1809,or feet,less than 175 ft.of frontage/lot width DREWS#5929 Request for Variances by email: Linda.Kowalski@Town.South- along Bridge Lane,and with a proposed under Sections 280-116 and 280-124 old.ny.us. side yard setback at less than the code- (100-239.413 and 100-244 based on the Dated: November 13,2006. required 20 feet from the division line. Building I9spector's May 31,2006 No- ZONING BOARD OF APPEALS The applicant's parcel as exists contains tice of Disapproval)concerning a pro- RUTH D.OLIVA,CHAIRWOMAN 1.637 acres and is located in the R-80 posed new single-family dwelling,after 8118-1T 11/16 P0hv a- FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 30, 2004 AMENDED: March 4, 2005 AMENDED: June 30, 2005 AMENDED: September 12, 2005 AMENDED: October 5, 2005 AMENDED: November 2, 2005 AMENDED: November 3, 2006 TO: East End Design Associates (Niamonifakis/Rozenbaum) 5130 Main Bayview Road RECEIVED Southold,NY 11971 NOV - 9 2006 Please take notice that your application dated November 23, 2004 For permit to construct and operate a farm stand at ZONING BOARD OF APPEALS Location of property 7540 Main Road, East Marion,NY County Tax Map No. 1000 - Section 31 Block 6 Co:t�28.6 & 28.5 Is returned herewith and disapproved on the following grounds: The proposed construction on an 18.75-acre farm parcel with three front yards, in the AC zone, is not permitted pursuant to Article III Section 100-32 which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80 R-120 R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." According to bulk schedule the proposed construction requires a front yard setback of 60 feet. Following the proposed construction the farm stand will have a front yard setback of+/- 15 feet (from Cedar Lane) and+/- 6 feet(from a proposed 25' right of wavy. In addition the proposed farm stand is not permitted pursuant to Article I Section 100-13 which defines a farm stand as, "Any structure open to the weather on at least one side used for the sole purpose of retail sale of produceray the owner of the stand on farm acreage within the Town of Southold. Such structure 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 be insulated or mechanically heated or cooled by permanent equipment A truck bed or trailer on wheels, with areas in excess of 20 square feet displayingproduce shall be considered a farm stand." The proposed farm stand is fully enclosed. Therefore it does not meet the town's definition of a farm stand. In addition if the variance is granted as applied for parking for the farm stand would require planning board approval pursuant to Chapter 47-3 G., which states, "The site plan shall provide one parking space for every 100 square feet of stand and greenhouse area in a location approved by the Planning Board." This Notice of Disapproval was amended on March 4,2005,to remove the need for a setback variance from Cedar Lane, following new information presented to this department that notes that the applicant has no access rights to that right of way. This Notice of Disapproval was further amended on June 30, 2005 to revert back to the original disapproval at the request of the applicant. This Notice of Disapproval was amended on September 12, 2005 to include the need for planning board approval. This Notice of Disapproval was amended on October 5, 2005 after the applicant amended the plan to remove a proposal to insulate the building and on November 2, 2005,to remove the proposed attic space. This Notice of Disapproval was amended on November 3, 2006 because the Suffolk County Tax Map Number of the ro as chap ed. l RECEIVED Autho ' ed Si are7� NOV — 9 2006 ZONING BOARD OF APPEALS CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. APPLICAT.., , TO THE SOUTHOLD TOWN BOAT- IF APPEALS 5-60 cf t For Office Use OnI' Fee: $ Filed By: Date Assigned/Assignment No. Office Notes: a4 I9 2005 A , Parcel Location: House No. 7540 Street Main Road Hamlet East Marion (Reserved area 2 acres) SCTM 1000 Section 31 Block 6 Lot(s)28 1 Lot Size 14.979 acres Zone District A-C 1 (WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED:_ November 30 2004 amemded to November 2,2005 Applicant/Owner(s): SERGE and SUSAN ROZENBAUM Mailing Address: c/o Wickham Bressler,Gordon&Geasa,P.C. P.O. Box 1424, Mattituck, NY 11952 Telephone: 631-298-8353 Fax:631-298-8565 Note: If applicant is not owner,state if applicant is owner's attorney,agent,architect,builder,contract vendee,etc. Authorized Representative: Abigail A.Wickham Esq. Attorney Address: P.O. Box 1424 Mattituck,New York 11952 Telephone: 631-298-8353 Fax: 631-298-8565 Please specify who you wish correspondence to be mailed to,from the above listed names: ❑Applicant/Owner(s) x❑Authorized Representative ❑Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED: 11/23/04 FOR: X❑ Building Permit ❑Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑Change of Use ❑ Permit for As-Built Construction El Other: Provision of the Zoning Ordinance Appealed. Indicate Article Section,Subsection and paragraph of Zoning Ordinance by number. Do not quote code. Article III Section 100-32 Subsection I Section 100-13 Type of Appeal. An Appeal is made for: X❑A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law—Section 280-A. X❑ Interpretation of Town Code,Article I Section 100-13"Farmstand" ❑ Reversal or Other A prior appeal❑ has X❑ has not been made with respect to this property UNDER Appeal No. Year Page 2 of 3—Appeal Applicath— NOV 4 2005 Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACT9R of the neighborhood or a detriment to nearby properties, if granted, because: The building will be less than 1000 square feet, including the porch, and will be used in conformity with the Town Code, for sale of lavender products related directly to the agricultural production on the farm on the property. The setback from the Main Road will be 62 feet, in excess of Code requirements. The setback from the proposed right of way on the West is unavoidable, but the road is a private driveway with an actual roadbed of approximately 16 feet width serving the farmstand and two private house lots. It is completely shielded from the adjoining house by a stockade fence. The proximity to Cedar Lane is mitigated by the small size and attractive design of the proposed building. Moreover, a huge amount of frontage along Cedar Lane has been preserved by the sale of development rights to Southold Town. Access to the farmstand will not be from Cedar Lane. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (a)the majority of the property is preserved farmland under the Suffolk County farmland program. The County owns the development rights to 12.899 acres. This leaves a small building area on the Main Road which is, by virtue of the shape of the property, a narrow corner parcel. A letter from the Peconic Land Trust confirms that the intent of the parties when the County purchased the development rights was that this was to be the site of the farmstand. However, to satisfy the neighbors on Cedar Lane, it was agreed that the farmstand and two interior residential lots would have their private roadway. This created another front yard for this already small appendege of land. (3) The amount of relief requested is not substantial because: The proposed setback from the 25 foot right of way is comparable to a side yard setback, but a variance is necessary because it is a corner lot. As soon as one passes the building, the farm begins. See Questions 1 and 2 for further reasoning. The Southold Town Planning Board reviewed the concept when it approved the subdivision/set off map in 2004. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed building will have less than 700 square feet of interior sales space, and will be used in conformity with Town Code restrictions. The square footage of 980 square feet includes the porch, which was added to make the building more attractive. The building was designed to follow the "cottage" style farmstands in which lavender is generally sold, as the clientele is accustomed to a cute, attractive building. Further information on this will be supplied at the hearing. Garage doors will be installed at either end of the building to make it "open", and French doors on two sides will soften the look of the building and provide open, airy exposure to the farm. (5) Has the variance been self created? ( ) Yes, or (X) No. If not, is the construction existing, as built? ( ) Yes, and (X) No. (6) Additional information about the surrounding topography and building area that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) The farm stand will be used to sell lavender and lavender products, including honey, produced on the farm. The applicant wishes to use garage doors on two sides so that customers may walk in from either the front or back, anu ,.i see the farm from the building. On ----days, or if there is dust from farming operations, the north door can be closed but the view preserved through the windows in the door. The rafters will be used to dry the lavender. The stand will be open from May to late October or early November. The applicant has been operating out of a tent this summer. They would like to be able to better secure their produce overnight during the season and provide an attractive yet small structure from which to sell their farm products. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. (N/A ) Check this box and complete Part B, Questions on next page to apply USE VARIANCE STANDARD. (Please consult your attorney.) Otherwise, please proceed to the signature and notary area below. Regarding the interpretation of the Building Inspector's determination that the building is not open on one side despite having garage doors along the entire front and rear side (North and South) sides of the building, we submit that a) The North and South sides of the building are each 28 feet in length. b) Each of these sides will have two overhead garage doors installed, which will be left open during business hours except in the case of inclement weather. c) The doors occupy 71.4% of the length of each side. The remainder is for building stability. d) The doors will be closed and locked outside of business hours for security. e) Other farmstands in the Town have been approved with garage doors constituting the open side (details to be furnished at hearing). Accordingly, we submit that the structure constitutes a farm stand. r Signa re of Appellant or Authorized Agent (Agodt must submit Authorization from Owner) Sworn to before me November 3, 2005 I,za�. Y/W� Nqtwi Public ZBA app 9/30/02 DONNA McQAHAN Notary Public,State of Now Y0* No. 01 MG4851459 auaUffed in Suffolk Counts Conimieew fexpiros Aup. is,li00fs TOWN OF SOUTHOLD BUILDING Pr—MIT APPLICATIONCHECKLIST BUILDING DEPARTMENT Do yc re or need the following,before applying? TOWN HALL Board of Health SOUTHOLD,NY 11971 " ' ' ,r ' '''' '' 4'sets`of Building Plans t . TEL: (631) 765-1802 _ Planning Board approval ` FAX: (631) 765-9502 Survey ;. www. northfork.net/Southold/ PERMIT NO, 'Chink Septic Form �, !;t;S` ,,;'�, •i :' ?•,N,Y.S.D.E,C. T tees Examined ,20 Contact: Approved .20 Mail to: T�-.Ae t�)ZSt L-Nk tsxc Disapproved a/c j1he .1.� P•O. Choy. lt.•7S� ,�aJi t4o�Tt i t,`t? 'Phone:• 630" rl�oS— 1$(c2 Expiration ,20 a Buildi s � ' f .. ._T,tCrrl 232004 APPLICATION FOR BUILDING PERMIT • .. ;f�• Date INSTRUCTIONS - a. This application MUST be completely filled in by typOWTI Tr,pr in a�4 submitted to the Building lnspecto 4ith 4 sets of plans, accurate plot plan to scale.Fee according to schedule,-'' --- b. Plot plan showing location of lot and�f b�• dings on premises,-relationship to adjoining premises or public stfeets or areas, and waterways. _. Cl �.1 t�4s,•... _ ..__._. _. . c. The work covered by this application may not be commenced before issuance of Building Permit. d.Upon approval of this application,the Building hispectof willis'suc`a'Building Permit to the applicant. Such a pk, 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 puipose what so ever,until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall,expire,ift>the work authorized has:not commFncO-Within 12 months after the date d'f,,�, issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affpctigg the property have been enacted in.ithe interim,the Builth + ppctor�Vinay.• � Jp+rjze,;in writing,the extension of the permit far"au addition six months.Thereafter;a'new'w 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 T6wn of Southold, Suffolk County;New York,and otherapplicalile dais,Ordinances or Regulations,for the construction of buildings, additions, or alterat'ions'or for removal or demolition as herein described.i'he applicant agrees to comply with alVapplicable laws,.ordinance'K`Vuilding code,housing code,'and•regulatioris, and to n�lmit authorized inspectors on premises and in budding for necessaryinspections, '..fTT11ii,:J,r"7.IJr:rJCliS`�{':�']: '.t0 iifSii115VJ 11i�� ,V,} liij�.`ilft7i�"�`�`+•• ��. . '1 i �`}i' ,', i,i i+ ,}I lit . .�•. i it r•,.. ` '1 I , ratlL'i (Signature'of applieant,or name,if a corporation) 1,(jl1�l, �,' ,I {, i," 1'I ' Pt , s .SouTrtoL t��. � (Mailing address o applicant) . S State whether applicant is owner, lessee, agent,'architect, engineer, general contractor),electrician, plumber or builder ZJ7 Name of owner ofpremises SFtUqf7_ ZuZ;;NP0pSQ,h g SosF�a QoZF 0 �M (As on the tax roll or latest deed) If applicliat is or tion, signature of duly auth^or—ized'officer ' - k Fre A-sr _wrq iJ1s S� Assoc, (Nam d title of corporate officer) Builders License No. /�A Plumbers License No. Electricians License No. Other Trade's License No. to } • I 1l ilil ' 1. Location of land on which proposed work will be done: mt) RD (NYS, (C7 e_s) BAST M�1k i0 N House Number Street Hamlet r• County Tax Map No. 1000 'Section 31 Block 0(e Lmomi"am ZS , S ubdivision�� q E t_ N A M otJ►TA V_t t Filed Map No. 4 >S160.0 it ,,; (Name) tl N p ......N") F MA j vE t_ N 1A M o N 1 T l%r IK-'t S "" J"r+cls2rl 291igx3 MIST • Is- ' '9•�'• , 4 � 2, Staie existing use and occupancy —premises and intended use and occupai_ _,f proposed construction: a,;' Existing use and occupancy b. Intended use and occupancy 3. Nature of work(check which applicable): New Building X Addition Alteration Repair Removal Demolition Other Work (Description) 4. Est ted Cost 16"0, oob Fee (To be paid on filing this application) 5. If clwellih, number of dwelling units Number of dwelling units on each floor If garage, number of cars x 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. FA K m ST a►.1 q 7. Di Bions of existing structures, if any: Front Rear -- Depth Heightt — Number of Stories 4 Dimensions of same structure with alterations or additions: Front — Rear -- Depth — Height -- Number of Stories -- 8. Dimensions of entir new construction: Front 2.t�-6" Rear 28,O" Depth �>s IV Height I(01-t 1 Z. Number of Stories I 9. Size pf lot: Front Y8;o8t Rear S2 �(o� Depth I s(0 4' MtGti4AMl. NtAN0DNIT Pk 4G1to 10. Dkift of Purchase N 0 V 04 Name of Former Owner E_MA N ort_ N tR Mom t T A K t S 11. Zone or use district in which premises are situated _ _ /Q ST MAti=t at,1 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO 13. Will lot be re-graded? YES NO X Will excess fill be removed from premises? YES NO—X SE2.GE R07-C,4",Jm x16-42 - f'7s+t` ST. 14. Names of Owner of premises%gSAj to gr-.j w Address FIvt"-nty NK 11366 Phone No. q1'7 -939 6131 Name of Architect EAST ENh bgzS►ytq &ssor.. Address ft. I(o7S+',"amou4 Phone No (62 t -7(aS -1$6L Name of Contractor*UtrA4; Address Ohv-woao %6,no4t.oPhone No. __fall - '?bS- 1591-4 15 a. is ttu's property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO X * 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: COUNF-`7,woz being duly sworn, deposes and says that (s)he is the applicant (N e of in ' 'd.)/al signing contract) above named, (S)He is the E.N - (Contractor,Agent,Corporate Officer, etc.) of sai; C" ry ler 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 tll'e manner set forth in the application filed therewith. w: Swora to before me this day of 20L)q Notary Public 66ature of Applicant WMA M wiN NOTAAr PUBUC,Uft of New York NQ 01900020M Suffolk Cgunty • Two Exna Mwoh 8,20.21 TOM OF •SOUTROLD BUILDING DEPAIETI'P office of the Building Inspector Town Mall Southold, N.Y- A 1.` CERTIFICATE OF OCCIriSANCY > NO: Z-31194• Date: 10 06 05 "t CoTIFINS that the buildi.ny ALTERATION I,6cattoom of erty;. .. 34W 8.00.„ cit 46 ,. PSCOMZC• . • . 4_73 8' Vic. 7S Bloom S,ubdiviatoh Filed Waip moo. Lot No. K . conforms substantially to the Application for Building Permit heretofore .s filed in 'this office•dated MAY 5. 2005. Pursuant to which ch Building Perth.No_ 31111-x dated AUMST 31, 2005 was issued, and conforms to all of the requireaents of the applicable provisions of the law. The occupancy for which this certificate is issued i' is 29NVB1tSION OF .AN EXISTING ACC&SSORY GARAM TO A FARMSTAND AS APPLIIM ., FOR. The certificate is io's'pied to SCOTT I_U= ` (OMER) '-� of the aforesaid building. t' SUL OLH ClD F1"Y 1]]$PAR'1jj3W OF HEALTH APPROVALN/A — s 8� jL CFit ]iiO_ N/A a I P1 1111' i`TIC21"N DATED N/A - — t Authorized Signature a 'P Rev. 1/81 5• Ai �h &- , LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA P.C. 13015 MAIN ROAD, P O BOX 1424 WILLLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND MELVILLE OFFICE ERIC J BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD ABIGAIL A. WICKHAM SUITE 111 LYNNE M.GORDON ---- MELVILLE, N Y 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 FAX NO.631-249-9484 November 3, 2005 NOV 4 2005 Town of Southold Zoning Board of Appeals fto�� - _. •a 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Rozenbaum, Serge and Susan Premises: S/E cor Main Road and Cedar Lane, East Marion, New York SCTM# 1000-31-6-28.1 Appeal No. 5691 Ladies and Gentlemen: We have, after multiple conferences with your staff, the Building Department, and the Planning Board staff, modified considerably the scope of this otherwise simple farmstand. Given the extensive background, we feel it may be best to submit an amended application with a new set of maps so that the Board can refer to one package. Accordingly, we enclose the following for this proposed building: -less than 1000 square feet -one story -unheated and uninsulated -garage doors on two sides -from which lavender grown on the farm will be sold -with insufficient setback from private right of way(access) and Cedar Lane (no access) -with parking as may be required by Planning Board -set back 62 feet from Main Road The Building Department has determined that the structure does not meet the definition of a farmstand because it is enclosed on four sides. We request an interpretation of the definition, as we contend that the garage doors constitute "open on one side", and therefore the structure is a farmstand. In the alternative, we request approval as a farm building with display and sale of farm produce. r NOV 4 2005 The building has been attractively designed for two reasons: 1)to satisfy neighbor concerns, as evidenced by the enclosed letter from Gardiner's Bay Estates, and 2) lavender sales throughout the business are conducted in cottage-style buildings, as will be demonstrated at the hearing. Accordingly, we enclose seven copies of: - elevations showing two (rear and front/Main Road) sides of the building with garage doors; together with floor plan - site plan placing the building 62 feet from Main Road - Building Department Notice of Disapproval dated November 2, 2005 - Amended application We request that this matter be processed as follows: - Variance for insufficient setbacks from Cedar Lane and Private Road - Interpretation that Town Code "farmstand" definition, as to "open on one side" is met by having garage doors on one side covering 71.4 % of the building width(on two sides). The remaining percentage of building width is necessary for structural support. This would qualify the building as a farmstand. We would then request the Planning Board's approval of parking under Chapter 47. - In the alternative, approval of the building as a farm building containing sale and display of farm products from the farm. This would require Planning Board site plan review. We have requested a conference with the Planning Board to obtain their comments on parking. We have also requested comments from Chick Voorhis of Nelson, Pope and Voohris on a traffic study. However, given the small size of this structure, the fact that it is an agricultural building, and is open only seasonally, we strongly object to the requirement that a traffic study be required prior to scheduling the hearing. Our clients's flowering season begins June 1St, but their farm work begins well prior to that date, and they desparately need this structure for next season. Thank you for your consideration. Very tru yours, AAW'dm Abigail A. Wickham l/shdzba cc: Building Department p� IG RILYN B WAp DMEMBE S HOUSE P.O. Box 1179 Chair Town Hall, 53095 State Route 25 I RICHARD CAGGIANO Southold, New York 119 71-0959 WILLIAM J.CREMERS p Telephone(631) 765-1938 KENNETH L.EDWARDS 'y Fax(631) 765-3136 MARTIN H.SIDOR i i' PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 15, 2004 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 Re: Proposed Set-off& Lot Line Change for Michael Niamonitakis Located on the south side of Main Road, East Marion 1 SCTM#s1000-31-6-28.1 and 29 Zone R-40 Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, June 14, 2004: WHEREAS, this proposed subdivision is to set off a 1.253 acre lot from an 18.756 acre parcel; and WHEREAS, this proposed lot line change between M. Niamonitakis and R. Ross is to subtract 2.524 acres from the 18.756 acre parcel and to merge it with an existing 0.688 acre lot, resulting in a 3.212 acre lot(SCTM#1000-31-06-29); and WHEREAS, the Development Rights will be purchased by the Suffolk County on 12.89 acres of Lot 1 (SCTM#1000-31-06-28.1); and WHEREAS, on July 9,2002, the Southold Town Planning Board granted conditional preliminary approval on the plat, dated & last revised on March 29, 2002; and WHEREAS, all conditions of conditional final approval have been met; and WHEREAS, the Suffolk County Department of Health granted approval of the action on May 7, 2004 (updated); and WHEREAS, all the requirements of the Subdivision Regulations of the Town of Southold have been met; therefore be it RESOLVED, that the Southold Town Planning Board grant final approval on the final plat, dated as revised July 18, 2002, and authorize the Chairperson to endorse the final map upon the fulfillment of the following condition: 04126/2005 00:01 6312040711 PECONIC LAND TRUST PAGE 02 PEGONIC LAND TRUST [%JV 4 2005 April 26, 2005 Abigail Wickham, Esq. 10315 ,M..ain,Road PO Box 1424 Mattituck,NY 11952 Re: Niamonitaki.s Set-Off& Lot Linc Modification Plan SCTM#'s: 1000-31-6-2$.1. &29 Dear Ms. Wickham: Per our discussion today, the following is meant to clarify the above-referenced plan. The final concept plaza for the above-referenced project was based on our review of plan configurations with the Southold Planning Board. Specifically, the approximately 0.18 acre portion,of Lot 1 along Main Road was held out of the sale of development rig�ats for use as a potential farm stand. According,the Town approved Road and Drainage Plan and NYS Department of Transportation.approved Curb Cut Plan were both designed with that use in mind. This, however, does not preclude the landowner from seeking approval of farm-related structures elsewhem ora the property from the Suffolk County Farmland Committee. Sincerely, r� 4 �V4 ��- Marian P. Stunner Director of Conservation Programs 296 HAMPTON ROnn POST OFFICE Box 1776! SOUTHAMPTON N,F.,pP YORK 119691 PHQ7tii (639)283-319; FAX (631)283-4235 www.pccoiiic6ndtrn<t.9.rg — iR WU 7735 Main Road 3251 Spruce Creek Blvd. P, East Marion �GnCler Port Orange, FL 32128-6924 Long Island, N.Y. 11939 386.7561393 1, 631.477.9485 FRECEIVED c-516 639 4108 NOV 2 7 2006 ZONING BOARD OF AMEALS z 6'S 3 � k O Z � F , -. le m� /, �lLc�/Gc' c=am L 14 G- �rLZ� n .7v�� ti Page 1 of 1 Kowalski, Linda From: JackCushen@aol com Sent: Thursday, November 30, 2006 8 34 AM To: WWBLAW@aol.com; Kowalski, Linda Subject: [NEWSENDER] - Re: Serge and Susan Rozenbaum et al, #5691 - Message is from an unknown sender To all parties concerned We are writing to register our most profound concerns about, and my strongest opposition to, the Request for Variances by the abovementioned parties. The potentially disastrous traffic situation alone would be reason enough to abnegate any such proposed "farmstand". Since the lavender operation started, vehicular accidents have occurred on Main Road at the intersections of Rocky Point Road and Cedar Lane with alarming regularity, whereas prior to this operation there were none. A larger operation than the present one, involving a two-story building and parking lot, would substantially increase the potential for hazard by drawing more traffic to the site. The proposed parking lot on Cedar Lane, a private road, does not solve anything, but would only aggravate the situation --and --- most likely incur the (understandable)wrath of Gardiner's Bay residents attempting to enter or leave Cedar Lane by their only Main Road egress. With the already overburdened traffic load from the Cross Sound Ferry service, these problems would only be greatly exacerbated by the attempt at creating a parking lot on Cedar Lane. Finally, the presence of an additional commercial structure in our uniquely residential area would be most unwelcome. The richly historic and rural character of East Marion would be severely eroded by a"gift shop" on that residential block, making it no longer a wonderfully preserved piece of American history, but in fact, making it just like everywhere else--irrevocably ruined by crass commercial concerns Very truly yours, Jack Cushen and Theresa E. Sweeney 12/1/2006 FR OFFOLt OFFICE LOCATION: ),�'►1 MELISSA A.SPIRO O� CSG Town Hall Annex It i f LAND PRESERVATION COORDINATOR 54375 State Route 25 melissa.spiro@town.southold.ny.us o (corner of Main Road&Youngs Avenue) dD Southold,New York Telephone(631)765-5711 Q .1cC Facsimile(631)765-6640 A MAILING ADDRESS: P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD To: Supervisor Horton Town Board Town Clerk Land Preservation Committee Town Attorney Planning Board Tax Assessors Building Department Data Processing Town Comptroller Stewardship Manager } From: Melissa Spiro, Land Preservation Coordinator Town Date: October 12, 2004 Re: NIAMONITAKIS to COUNTY OF SUFFOLK SCTM#1000-31-6-28.1 Please be advised that the County of Suffolk has acquired the development rights on the agricultural farmland listed below. If you would like any additional information regarding the purchase, please feel free to contact me. LOCATION: 7540 Main Road, East Marion OWNER: Michael Niamonitakis, et al. PURCHASE DATE: Closing took place October 4, 2004 (contract signed 6/29/01) PURCHASE PRICE: $193,485.00 (based on 12.899 buildable acres Ca. $15,000/acre) EASEMENT AREA: 12.899 acres FUNDING: County Farmland Phase V h .0 PN �—G-Llai - o-Ic — MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 JERILYN B.WOODHOUSEOQF S0!/ryol Southold, NY 11971 Chair O OFFICE LOCATION: KENNETH L.EDWARDS Town Hall Annex MARTIN H.SIDOR vs 54375 State Route 25 GEORGE D. SOLOMON �p� (cor. Main Rd. &Youngs Ave.) J L.TOWNSEND � ,M Southold, NY C�UIY 11,� r Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECE,,�� NO V 2 S 2006 To: Ruth D. Oliva,ZBA Chairwoman J ZONING BOARD OF APPEALS From: Jerilyn B.Woodhouse, Chair Date: 20 November 2006 Re: Rozenbaum,Serge and Susan/Niamonitakis Farm Stand SCI'M# : 1000-31-6-28.5 &28.6 ZBA Appeal# 5691 As per your memo dated November 9,2006,this is to inform you that as of today,November 20, 2006,the Planning Board has not received an application for site plan for the above reference project. Once an application is received and the Planning Board has accepted the application,comments regarding the application will be forthcoming. In addition,after further research in this office and as per the attached aerial with zoning,the subject parcel appears to be zoned R-40 instead of A C. Please be aware the application under review may be in error. For you information attached are Declaration of covenants &Restrictions dated May 14`h,2004 on the subdivision. Please do not hesitate to contact this office should you have any questions or need further assistance. Thank you. Enc: Aerial (with zoning) of the subject parcel* & c&is Cc: Planning Board Mark Terry, Interim Planning Department Damon Rallis,Plans Examiner File 1 ` T S & RES TION OF COVEN AN D E C L AR A sopAo Of �QQEA` �No is and by Nlichael11209,hereinafter e this day of e,Brooklyn NY rMS DECLARATt s resid g at l l I arsne Av Emanuel Niamo referred to as the DECLARANT' e South side of W 1r rl E S S E T�' n real propel situate on t1i owner of certai County N�York,more to as DECLARANT is the Suffolk er referred ��Ag,the DE of Southolda�h�he (heretnaft d have oad(N•Y•S•Route 25),Town lication for an the Main R and described in Schedule"A!W made an aPP to implement a particularly bounded l�AS the DECLARANT of the Town of Southolds„ the Planning Board «Michael Niamonitaki the Property)I and royal from vision Map°f t 2,2002 which will received conditional app a shown on the Subdi d lot line Chang ► d Surveyor County last dated Cl ,and set-off by Soseph A.Ingegno Lan o�County prepared taneously be filed in the Office of the Suffolk the Planning Boardaf the silr ul of said approval, e granting of Southold VMEREAS,for and in consideration of the P� t interests of the TO` drestrictions be ed it to be in the� n Covenants an said Planning Board has Town of Southold has deem ers o£said lots that the within roval J office;and d prospect' own and 3,and as a condition of said aCounty Clerk's owners on said lots 1 and 2, recorded in the Suffolk ined that the same imposed foregoing and have determ parcel; Declaration be owners of said p required that the within has considered the and subsequent w�REASI the DECLARA e DECLARANT will be for the best interests TION WITNESSETH: THEREFORE,THIS DECD above expressed,does NOW n out the intentions said subdivision for the pure°se of carrying the said lots within cited,which That the DECLARANT' it,publish,covenant and agree thaw restrictions as herein olders of said make known,adni covenants an lot owners an hereby subject to the following purchasers, successors anc map shall hereafter be sub} bending upon all p entatives,distributees, with the land and shall be b1n tors,legal repres shall run executors, Property their heirs, assigns,to wit: l be no further subdivision of lot 3 in perpetuity' I) There shat a along 2) The two building the Main Road(N.Y.S•Route 25) areas in Lot 1 with frontage ated from Lot 1 in perpetuity; part of Lot 1,and shall not be sepcr 3) Lot owners 1 and 2 shall have a mutual non-exclusive,perpetual easement over,and access across the common driveway,which is part of Lot 1, for the purpose of pedestrian and vehicular ingress,egress and regress, as well as to tie-into, flow through and use the utility services located on, over or under the common driveway, 4) Lot owners 1 and 2 shall be responsible for and pay equally for the work of extending, repairing and maintaining such common driveway from the entrance at Main Road (N.Y.S.Route 25). The use of the existing common driveway is limited to access and egress from Lots 1 and 2 of said subdivision and shall not provide access to any adjoining properties,and 5) Prior to issuance of any residential building permits on Lots 1 and 2,the 16 foot wide common driveway must be constructed. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns,and upon all persons or entities claiming under them, and may be terminated,revoked or amended by the owner of the Property only with the written consent of the Town. If any section,subsection,paragraph, clause,phrase or provision of these covenants and .:cstrictions shall,by a Court of competent jurisdiction,be adjudged illegal,unlawful,invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful,invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof,as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns,and upon all persons or entities claiming under them, and may not be annulled,waived, changed,modified,terminated,revoked,annulled,or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. JN WITNESS R F, DECLARANT above named have executed the foregoing instrument the ye t en above: By: 1V1(ilchaeli monitakl By: Emanuel in monitakis STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this R day of d/y in the year 2004 before me,the undersigned, aPPea'ed'�1/d�+.�P-L/a*" a00�y known to me or proved to the on the basis osatisfactory evidence to be the individual(s)whose name(s)is(are)subscribed to the within instrument and acknowledged to Inc that he/she/they executed the'same in his/her/their eapacity(ies), and that by his/her/their signature(s)an the instrument,the individual(s),or the person upon behalf of which the individual(s), oted,executed the instrument. STATE OF NEW YORK SS: COUNTY OF SUFFOLK I EDWARD R ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY(SAID COURT BEING A COURT OF RECORD) DO HEREBY CERT FY THAT I HAVE COMPA E THE ANNEXED COPY OF DEED LIBER AT PAGE RECORDED D AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS /10i DAY OF CLERK Notary!'u61ic KOULA POLITIS Notary '.ic,State of =•.v York 1POS0195 in Kings C Commis i 4xpj'os Oct. 25, 1� Schedule "A" ALL that certain plot,piece or parcel of land, situate,lying and being in the Town of Southold,County of Suffolk,State of New York,bounded and described as follows: BEGINNING at a point on the southeasterly side of Main Road(N.Y.S.Route 25)distant 621.48 feet Northeasterly from the corner formed by the intersection of the northeasterly side of Gillette Drive with the Southeasterly side of Main Road; RUNNING THENCE North 39 degrees 16 minutes 18 seconds East along the southeasterly side of Main Road,73.39 feet; THENCE South 41 degrees 44 minutes 52 seconds East, 133.35 feet; THENCE North 44 degrees 03 minutes 58 seconds East,296.72 feet; THENCE South 41 degrees 17 minutes 32 seconds East, 146.30 feet; THENCE South 41 degrees 00 minutes 32 seconds East,630.01 feet; THENCE north 43 degrees 54 minutes 28 seconds East,69.48 feet; THENCE South 41 degrees 15 minutes 22 seconds East,293.08 feet; THENCE South 37 degrees 10 minutes 28 seconds West,382.16 feet; THENCE South 40 degrees 30 minutes 12 seconds East,269.30 feet,to the northwesterly side of Dog Wood Lane; THENCE South 50 degrees 26 minutes 38 seconds West,418.88 feet to the northeasterly side of Cedar Lane; THENCE along the northeasterly side of Cedar Lane the following two(2)courses and distances: 1. North 38 degrees 55 minutes 32 seconds West,406.48 feet; 2. North 39 degrees 44 minutes 42 seconds West,743.70 feet; THENCE North 47 degrees Ol minute 18 seconds East, 316.38 feet; THENCE North 39 degrees 49 minutes 22 seconds west,-M,10 feet to the southeasterly. Road,the point or place of BEGINNING. -nf Main • 64 ! EXCEPTING so much of the premises known as District 1000, Section 031.00,Block 06.00 and Lot 029.000: ALL that certain plot,piece or parcel of lend,situate,lying and being at East Marion, Town of Southold, County of Suffolk and State of New York,bounded and described as follows: BEGINNING at the westerly corner of the subject premises,said beginning point also being located the following four(4)courses and distances from the corner formed by the intersection along the southeasterly side of Main Road with the northeasterly side of a private road: 1. South 26 degrees 10 minutes 10 seconds East, 33 5.10 feet; 2. South 60 degrees 40 minutes 30 seconds West,316.38 feet; 3. South 26 degrees 05 minutes 30 seconds East,628.83 feet; 4. North 64 degrees 23 minutes 20 seconds East,319.43 feet to the point of beginning; RUNNING THENCE North 64 degrees 23 minutes 20 seconds East,200 feet; THENCE South 25 degrees 36 minutes 40 seconds East, 150 feet; THENCE South 64 degrees 23 minutes 20 seconds West,200 feet; / THENCE North 25 degrees 36 minutes 40 seconds West, 150 feet to the point or place of BEGINNING. TOGETHER with a right of way for egress and ingress over lands now or formerly of Jean Schneider and/or James W.Kent which right of way is fully described in schedule "B"annexed hereto and made a part hereof. TOGETHER with all right,title and interest,if any,of the of the seller and any further rights of way to Pass and repass for street purposes over all streets on a certain map entitled"Map of Section Two Gardiner's Bay Estates Situate at East Marion,Long Island"and filed in the Office of the Clerk of the County of Suffolk on September 23, 1927 under no.275, including"the paths"leading to the beach. TOGETHER with the right,if any to use the beach lying between Spring pond and the Bay and Old Orchard Lane and the Channel marked upon the said map as "Beach For Use of Lot owners" for bathing and similar purposes and together with a right of way,if any over Old Orchard Land and over the beach to said waters, such right to be in common with other persons to whom such rights may have previously been granted. ALL of the aforementioned rights,titles and in if any are,subject to all covenants of restriction to the selter e n su jec . SCHEDULE"B" THAT certain plot,piece or parcel of land,fully described in Schedule "A"is granted an easement for the purpose of ingress and egress as a right of way over an abutting parcel of land now or formerly of"Kent" and that easement is described as follows: .BEGINNING at a point that is the following three courses from the northwesterly comer of lot number 181 on the map of Gardner Bay Estates,Section 3,: 1. North 26 degrees 51 minutes 00 seconds West, 100 feet; 2. South 64 degrees 23 minutes 20 seconds West, 90 feet; 3. North 25 degrees 36 minutes 40 seconds West, 125 feet to said point of beginning; RUNNING THENCE through "Parcel "A", South 64 degrees 23 minutes 20 seconds West,319.43 feet to the easterly line of a 30 foot-wide private road; THENCE along said easterly line North 26 degrees 05 minutes 30 seconds West,25 feet; THENCE along through Parcel "A"North 64 degrees 23 minutes 20 seconds East, 319.543 feet to land now or formerly of"Kent"; THENCE along-the westerly line of said land of"Kent", South 25 degrees 36 minutes 40 seconds East, 25.0 feet to the point of BEGINNING. FN CFV 2 g ?:`1(1y y B ?,- / ,CA 5, COUNTY OF SUFFOLK 411-5 ID REC: 20 VED C06 DEC R STEVE LEVY ZONING BOOF APPEALS SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING THOMAS ISLES,AICP DIRECTOR OF PLANNING November 24, 2006 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) FITF, LLC 5617 Rosenbaum/Niamomtakis 5691 Schoenhaar, Roy&Robert 5764 Seeley, Robert 5912 Drews,Michael&Robin 5929 Fergus, Edward 5941 East Marion Fire District 5972 Melnick, Mark 5977 *Staff notes the subdivision of Lot 1 along the B/R 40 zoning boundary and the 25 ft. wide right-of-way servicing the 3 proposed lots. As proposed,lot 2 is considered landlocked with no legal access to an existing or proposed public road. Consideration should be given to increasing the width of the right-of-way to 30 ft. and redrawing both lots 2 and 3 as flag lots with 15 ft. of frontage along Main Road. Very truly yours, Thomas Isles,AICP Director of Planning S/s Christopher S. Wrede Environmental Planner CSW:cc LOCATION MAILING ADDRESS H LEE DENNISON BLDG -4TH FLOOR ■ P.O BOX 6100 (631)853-5190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER (631)853-4044 Town of Southold - Proposed Site Plan Ono R _ R-80 d , � � R � 'S ♦- yrs, ...fj l� i�/ l _ � 'p' rt' \ qy70i �°J �/ * `�. y r R-40IN V. � r Niamonitakis Farm Stand Tax Map # 1000-31 -6-28.5 & 28.6 EAST ELEVATION SOUTH ELEVATION WEST ELEVATION NORTH ELEVATION NOV 4 ZOO5 COPYRIGHT 2005 EAST END DESIGN ASSOCIATES, LLC. ALL FLOOR PLANS AND ELEVATIONS ARE PROTECTED UNDER FEDERAL COPYRIOHT LAW. PLANS MAY NOT BE REPRODUCED WITHOUT WRITTEN AUTHORIZATION, ALL PLANS AND DESIGNS ARE THE SOLE PROPERTY OF EAST END DESIGN ASSOCIATES, LLC. THE RIGHT TO BUILD ONLY ONE STRUCTURE FROM THESE PLANS IS LICENSED EXCLUSIVELY TO lttE BUYER. g~3-2004 CMA 1/4"= 1'-0" 11-22-04 11- 22-04 07-21-05 08-30-05 09- 30-05 ELEVATIONS I OF2 SOUTH WEST PIPES ARE TO BE DRAINED DURING WINTER MONTHS UNHEATED BASEMENT FOUNDATION PLAN TOTAL BUILDING AREA = 980 sq. ft. EAST NORTH SOUTH _1 WEST I r I I DIS LAY WALL I )N WITH BE FLUSH WITH I FLO0 I I BUILDING AND I FLUSH WITH GRAD I I DISPLAY W~LL~ ~] , ~ I ACCESST0 PROVIDE ADA I ~ m OPEN TO ABOVE ~ o~ , I I I I I I I ~080 OD 35' 6080 D~ FLOOR PLAN TOTAL BUILDING AREA = gDO sq. ft. EAST LINEAL FOOTAGE OF WALLS THAT WILL BE OPEN DURING OPERATION AND PERCENTAGE OF LINEAL 'WALLS OPEN DURING OPERATION ' 'de wall OPENINGS - 20' OF WALL TAKEN UP WITH DOORS = 71 4~ OF WALL TAKEN UP W/ITH OPENINGS T NG = _2_8, !w,._ "!' ~ ...... S -20' OF WALL TAKEN UP WITH DOORS = 71 4~. OF WALL TAKEN UP WITfH OPENINGS I T I = 29'. (wide wall) = OPENINGS = 12 OF WALL TAKEN UP WITH DOORS = 41.4% OF WALL IS TAKEN UIP WITH OPENINGS W F I = 29 (wde wall), OPENINGS = 0 OF WALL TAKEN UP WITH DOORS = 0.0~ OF WALL IS TAKEN UP WllTH OPENINGS W F I , · . .,x ......... ~ I RO' ~- WAIIq TAKFM UP Wr[H DOORS = 45 6~{ OF WALL IS TAKEN UP WITH OPEN NGS ROZENBAUM FARM STAND S~Q~T PERCENTAGE OF WALL AREA OPEN DURING OPERATION ~ = 28' (wide wall) x 9' (height to beams) = 252 sq/ft W 0 I W!LL DE OPEN DURING OPERATION = (2) lO'xB' (double doom) = 160 SO/PT PERCENTAGE OF WALL OPEN = §5.4~ OR 71.4~ OF THE BUILDING WIDTH N TH W F Ul = 28' (wide wall) x 9' (height to beams) = 252 sq/ft L I T W N I P R = (2) 6'x8' (double doors) = 160 sq/ft SQ/FT pERCENTAGE OF WALL OPEN = 63.4% OR 71.4% OF THE BUILDING WIDTH ~ = 35' (wide wall) x 9' (height to beams) = 515 sq/ft ST IN H T I N N -- (2) 6'x8' (dc,ub~e doom) = 96 sq/ft ~O/FT PERCENTAGE OF WALL OPEN = 30% OR 41,4~ OF THE BUILDING WIDTH ~ = 35' (wide wall) x 9' (height to beams) = 515 sq/ft ~ = 0 sq/ft ~O/FT PERCENTAGE OF WALL OPEN = O.O~% T 0 = 114' (wide w~ll) x 9' (height to beams) = 1026 sq/ft I P U = (4) 10'x8' (garage doors) (2) 6'x 8' (double doors) = 416 sq/ft SO/FT pERCENTAGE OF BUILDING WALLS OPEN = 40.6% OR ~,§~- OF THE BUILDING PERIMETER CATHEDRAL AREA OPEN TO BELOW ~Vffx 11~" BEAMS 4'-0" ac. 'N EXPOSED BEAM FOR STRUCTURAL STRENGTH UNHEATED FARM STAND OPEN TO ABOVE THIS BUILDING IS NOT TO BE INSULATED UNHEATED BASEMENT ? STAIRWELL I ] CROSS SECTION NOV 4 2005 NORTH ~) COPYRIGHT 2005 EAST END DESIGN ASSOCIATES, LLC. ALL FLOOR PLANS AND ELEVATIONS ARE PROTECTED UNDER FEDERAL COPYRIGHT LAW. PLANS MAY NOT BE REPRODUCED WlI~OUT WRITTEN AUTHORIZATION. ALL PLANS AND DESIGNS ARE THE SOLE PROPERTY OF EAST END DESIGN ASSOCIATES, LLC. THE RIGHT TO BUILD ONLY ONE STRUCTURE FROM THESE PLANS IS LICENSED EXCLUSIVELY TO THE BUYER. N © 86g-2004 CMA ~/4"= ~'-o" 11-22-04 11 - 22-04 07-21-05 OB- 30-05 09- 13-05 09-30-05 FOUNDATION/ FIRST FLOOR/ & CROSS SECTION PLAN 20F2 99.6 ,J :ARP1STAND BASEMENT FIRST FLOOR DECK / COVERED PORCH I-OTAL STRUCTURE 81£ SF. 81£ SF. 168 SF. 980 SF. PLAN REV I 08-0~ LOT SIZE· LOT COVERAGE: PARi&ING SPACES )ICAP PARKING PARKING SPACES AVAILABLE DRIVEWAY & PARKING: )SCAPED AREA: RING SPACES REQUIRED BASEMENT WAREHOUSE AREA: ~,RVI STAND AREA: 561,88g SO. 980.00 SO. 7 SPACES I SPACES 8 TOTAL SPACES FT = Ig.g7g Ac. FT. OR .17~+% AVAILABLE 8,695.00 so. FT. OR 1.55% 552,186 SO. FT. OR 96.65% REQUIRES I PARKING SPACES (I PER l0 REQUIRES h PARKING SPACES (MIN. O~ 5 TOTAL PARKING SPACES NUMBER OF PARKING SPACES PROVIDED 8 SPACES SITE PLAN INFORMATION IS BASED ON LAND SURVEY PREPARED BY JOSEPH A. INGEGNO LICENSED LAND SURVEYOR (LS 49668) DISPOSAL SYSTEM / /--FINISHED GRADE /--FINISH GRADE "' , KING, WATERTIGHT ~ INSECT PROOF ' ~o LOC ~ -- CO x 99.6 FORM NO. 3 NOTICE OF DISAPPROVAL DATE; November 30, 2004 AMEN~DED: March 4, 2005 AMENDED: June 30, 2005 TO: East Bad Design Associates ~[iarnonifakis/Rozenbaum) 5130 Main Bayview Road Southold, NY 11971 Please take notice that your applifiation dated November 23, 2004 For permit to construct and operate a ~:~rlm stand at Location of property 1:~40 Main Road, East Marion, NY County Tax Map No. 1000 - Section ~3_1Block 6 Lot 28.]. Is returned herewith and disapproved on the following grounds: The p_r.rfloo~ed construction, on a~ 18.75-acrejarm parcel, with three front yards, in the AC z.o.~e,..i.s not permitted l~ursuant to Article HI. Scction100-32, which stat~s, '2% building or premises shall be usedand no building or par[ thereof shall be erected. 9r alter~ in the A-C. R-80. K-120, R-200 andR-400 Districts unless the same conforms to th.e. Balk ,qph~ule and Parkin~ Schedule incorporated ir/to this .c_hapter with the same fro'er and effect as if such regulations wer~,e~;$orth herein full'." According to bulk schedule, thc vrooosed construct/on requj.rea a front yard setback of 60 feet Foltowin~ the nm~osed construction, the farm stand will have a front yard set, ack of+/, 15 feet (from Cedar Lane) and p/- 6 feet (from a proposed 25' right In addition, the trroposed farm stand is not permitted pursuant to Article J, 8~ct/on 100-13, which defines a farm stand as. "Amy structure open to the Weather on at least one side, used for the sole purpose of retail sale of~redllce grown by th~ owner of the stand on farm aoreagew[thin the Town of Southcld. Such structure may be one-story or less, )-.qgfed or have partial walls and fioor/n~ but max' not be comnl~telv enclosed .o?tcept when the business is. closed. A farm stand may not be. h~s~lated or mechanically heated or cooled bY nermanent equil~ment. A truck bed or trailer on where, with area, in excess of 20 square feet dis~layin~ ~rodupe, ~ha!! be considered a farm stand." The nro~osed farm strand is fully enclosed, constitutes 1V,, storie~ and will be insulated. Therefgre~ it does not m~t the town's definition of a farm s.t.~ad, This Notice of Disapproval,was ~me~ded on March 4,~ ~0,[}5, to remove the need for a setback variance from Cedar Lane, followl~t l~ew inf?rmationpl'eset~,ed to this department ~at aote~ that the aoolieant has no access fights to that right ofway~ This Notice of, Disapproval was fuEtl~e,r amended on June 30, 2005. t° revert ba, e,k, to the original _.d_i~alaoroval at the reaue¢g of the applicant. A-uth~riz~d S~gnature --- CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional renew from the Southold Town Building Department. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 30, 2004 AMENDED: March 4, 2005 TO: East End Design Associates (Niamonifakis/Rozenbaum) 5130 Main Bayview Road Southold, NY 11971 Please take notice that your application dated November 23, 2004 For permit to construct and operate a farm stand at Location of property 7540 Main Road, ~, NY County Tax Map No. 1000 - Section 3~1 Block6 Lot 28.1 Is returned herewith and disapproved on the following grounds: The proposed construction, on an 18.75 acre farm parcel, with three front yards, in the AC zone, is not permitted pursuant to Article III, Section 100-32, which states, "No building or premises shall be used and no buildina or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." According to bulk schedule, the proposed construction requires a front yard setback of 60 feet. Following the proposed construction, the farm stand will have a front yard setback of+/- 6 feet (from a proposed 25' right of way). In addition, the proposed farm stand is not permitted pursuant to Article I, Section 100-13, which defines a farm stand as, "Any structure open to the weather on at least one side, used for the sole purpose of retail sale of produce grown by the owner of the stand on farm acreage within the Town of Southold. Such structure 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 be insulated or mechanically heated or cooled by permanent equipment. A truck bed or trailer on wheels, with areas in excess of 20 square feet displaying produce, shall be considered a farm stand." The proposed farm stand is fully enclosed, constitutes 1½ stories and will be insulated. Therefore, it does not meet the town's definition of a farm stand. This permit was amended on March 4~ 2005~ to remove the need for a setback variance from Cedar Lane~ following new information presented to this department that notes that the applicant has no access rights to that right of way. CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. For Office Use Only x~ Fee: $ ~F0 Filed By:l,'~0 ~r Date Assigned/Assignment No. x~ ~,ql Office Notes: Parcel Location: House No. 7540 Street Main Road Hamlet East Marion (Reserved area 2 acres) SCTM 1000 Section 31 Block 6 Lot(s) 28.1 Lot Size 14.979 acres Zone District A-C l (WE) APPEAL THE WRITTEN DETERM,I[NATION ~F THE BUILDING INSPECTOR DATED: November 30,2004 (.~ rr',4,,qz~/~r/ 3/~l/z~c' " ,t'~!~/~ - Applicant/Owner(s): SERGE and SUSAN ROZENBAUM Mailing Address: e/o Wicldmm~ Bressler~ Gordon & Geasa~ P.C.P.O. Box 1424~ Mattituck~ NY 11952 Telephone: 631-298-8353 Fax:631-298-8565 Note: If applicant is not owner, state if applicant is owner's aaorney, agent, architect, builder, contract vendee, etc. Authorized Representative: Abigail A. Wiekham, Esq. Attorney Address: P.O. Box 1424~ Mattitack, New York 11952 Telephone: 631-298-8353 Fax: 631-298-8565 Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) ~ Authorized Representative [] Other: 'iVHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED: il/23/04 FOR: ~'Building Permit [] Certificate of Occupancy []Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction [] Other: Provision of the Zoning Ordinance Appealed. Indicate Article Section, Subsection and paragraph of Zoning Ordinance by number. Do not quote code. Article Ill Section 100-32 Subsection I Section 100-13 Type of Appeal. An Appeal is made for: ~xA Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law--Section 280-A. [] Interpretation of Town Code, Article Section [] Reversal or Other A prior appeal [] hasj~'fias not been made with respect to this property UNDER Appeal No. Year Page 2 f3d~f'Appeal Application Part 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 nearby properties, if granted, because: The building will be small, and will be used in conformity with the Town Code, for sale of products related directly to the agricultural production on the farm on the property. The setback from the Main Road will be 88 feet, in excess of Code requirements. The setback from the proposed right of way on the West is immaterial because that will be a private driveway with an actual roadbed of approximately 16 feet width serving the farmstand and two private house lots. The proximity to Cedar Lane is mitigated by the small size and attractive design of the proposed building. Moreover, a huge amount of frontage along Cedar Lane has been preserved by the sale of development rights to Southold Town. Access to the farmstand will not be from Cedar Lane. This parcel has no access to Cedar Lane. (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: (a) the majority of the property is preserved farmland under the Town of Southold farmland program. The Town owns the development rights to 12.899 acres. This leaves a small building area on the Main Road which is, by virtue of the shape of the property, a narrow comer parcel. The lavender and honey produced on the farm cannot be properly maintained in an unheated building. (3) The amount of relief requested is not substantial because: The proposed setback from the 25 foot right of way is comparable to a side yard setback, but a variance is necessary because it is a comer lot. As soon as one passes the building, the farm begins. The building can be screened with shrubbery. (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The proposed building will have less than 700 square feet of interior sales space, and will be used in conformity with Town Code restrictions. The proposed French doors will be more attractive than barn doors or garage doors which would be used with an unenclosed structure. (5) }las the variance been self created? ( ) Yes, or ( X ) No. If not, is the construction existing, as built? ( ) Yes, and (X) No. (6) Additional information about the surrounding topography and building area that relate to the difficulty in meeting the code requirements: (attach extra sheet as needed) The applicant wishes to enclose and provide heating and cooling to the farm stand in order to better preserve his crop, to enable him to extend his farm stand season and provide more comfortable working conditions for his employees. The farm stand will be used to sell lavender and lavender products, including honey, produced on the farm. Given the small size of the farm, the amount of production must be offset by a viable marketing ability in order to be economically viable. The products are wholesaled to local and area farms and businesses, but an attractive, retail usable building for retail distribution of the agricultural products is vital. The products will also be better. This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety and welfare of the community. ( N/A ) Check this box and complete Part B, Questions on next page to apply USE VARIANCE STANDARD. (Please consult your att( below. Sworn to before me this ~day of ]~arc_h, 2005./0 Notary lb'U~ lie Che~ Simons llotaty Public, State Of FlewYOrk No. 31-4970341 Oualifled in Suffolk Coun~ Commission Expires February 4, 20 ~y.) Otherwisei pleas~e proceed to the signature and notary area ,,, ~ture'o~App~llant or Authorized Agent nt must submit Authorization from Owner) ZBA app 9/30/02 PROJECT DESCRIPTION (Please include with Z.B.A Application) Applicant(s): SERGE ROZENBAUM AND SUSAN ROZENBAUM If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimension/size: Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimension/size: Square footage: 1I. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: (28' x 35' including deck and overhanging roof) Square footage: Ist floor, 29' X 24' - 696 sq.ft; deck 35X4=140; covered porch 24X6 144; total Ist floor coverage = 980 sq. ft; Basement 696 sq. ft. for storage Height: 16'9.5" to midline of roof; 9.5 feet to soffit; 24' to ridge line Ilk Purpose and use of new construction requested in this application: Farm stand for lavender farm on premises IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7) photos/sets after staking comers ofthe proposed new construction. Aaached 7/02 Please note: Further changes, after submitting the above information, must be place in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (76.5-1802) or Appeals Department (765-1809) if you are not sure. Thank you. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? [] Yes B. Are ther~e/gny proposals to change or alter land contours? [] Yes tl~.No 1) Are there any areas that contain wetland grasses? No. 2) Are the wetland areas shown on the map submitted with this application? 3) Is the property bulk headed between the wetlands area and the upland building area? 4) If your property contains wetlands or pond area, have you contacted the office of the Town Trustees for its determination ofj urisdiction? Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (if not applicable, sate "n/a".) Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? None (if none exist, please state :none".) . Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. Do you or any co-owner also own other land close to this parcel?No explain where or submit copies of deed. Ifyes, please H. Please list present use or operations conducted at this parcel present use vacant Proposed use farmstand Authorized Signature and Date Authorized Signature and Date CONSENT Re: SCTM# 1000-31-6-28.1 7540 Main Road, East Marion, New York 1, SERGE ROZENBAUM and SUSAN ROZENBAUM, each an owner of the above referenced property, consent to Wickham, Bressler, Gordon & Geasa, P.C., East End Design Associates, and any of their surveyors, engineers, or other contractors retained by any of the above, or any of their representatives and/or agents, to make applications necessary for the approval of a variance and other approvals required to obtain a building permit for construction of a n agricultural building, to the Town of Southold Zoning Board of Appeals, the Suflblk County Department of Health Services, and the Town of Southold Building Department and any other authorities having jurisdiction, and for any of such persons or their representatives to enter onto the premises for the purposes of inspection, surveying, staking, water testing, soil testing, including excavations if required, posting and other testing or activities as required for such applications. Such applications shall include all matters in connection therewith. Dated: January 7.2005 ~--~9~ x ~ ~._~t. ~ Ser o nba m Susan Rozenbaum~_~) APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers and employees. The purpose of this form is to provide information, which can alert the To~vn of possible conflicts of interest and allow it to take whatever action is necessary to avoid stone. YOUR NAME: SERGE ROZENBAUM AND SUSAN ROZENBAUM (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply) Tax Grievance Variance x Change of Zone Approval of Plat Exemption from Plat Or Official Map Other If "Other", Name activity: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" included by blood, marriage, or business interest. "Business interest" means a business, including a partnership in which the Town officer or employee has even a partial ownership of(or employment by) a corporation in which the Town officer or employee owns more that 5% &the shares. YES NO i NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Describe that relation ship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A through D (below) and/or described the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, parmer, or employee or the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Signature: % '~...~ xX Print Name: SEI~GE RO~ENBAUM Submittedthis ) dayof c~'~(t.~('~[ ~C, - Print Name: SUSAN ROZE~__ 61Z21 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESMENT FORM For UNLISTED ACTIONS Only PART I Project information (To be complete by Applicant or Project sponsor) I. Ant)licanl/Snonsor 2 Proiec~ Name I and SUSAN ROZENBAUM SERGE ROZENBAUM 3. Project location: Municipality County East Marion/Southold Town Suffolk 4. Precise location (Street address and road intersections, prominent lm~dmarks, etc. or provide map) S/E comer Main Road and Cedar Lane, 1000-31-6-28.1 5. Is proposed action: (X) NEW () EXPANSION ( ) MODIFICATION/ALTERATION 6. Describe project briefly: Proposed farm stand 28 X 35 including deck and overhang 7. Amount of land affected: 2 acres in 15 acre farm Same lnitially~ Ultimately: acres: acres: 8. Will proposed action comply with existing or other existing land use restrictions: ( )YES (X) NO If no, dcscribc briefly: Setback and enclosure/heatimz variances recluired 9.What is present land use in vicinity of project: (describe): (X) Residential ( )Industrial ( )Commercial (X) Agricultural ( )Park/Forest/Open Space ( )Other 10 Does action involved a permit approval or funding, now or ultimately from any other Governmental agency, (Federal, State, Local)? ( ) YES (X) NO If Yes, list agency(s) and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? I( )YES (X)NO If Yes, list agency(s) andpermit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? ( )YES (X)NO If Yes, list aeencv(s) and vermit/avvrovals: I certify that the information provided above is true to the best of my knowledge IApplicanff/Sponsor,N,a~t~: SERGE and SUSAN. ROZENBAUM Date: ~' q-~o~: I Signature.~,~/~7 "~/'~°~!?//)~jg'~'~twvt'vL~/~:~':y lf the actiord~ in the Coastal Area, and you are a state agency, complete Coastal Assessment Form before proceeding with this assessment. Office Location: North Fork Bank Budding-First Floor, 54375 Main Road at Youngs Avenue Mailing address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net Email: Linda. Kowalski(~Town. Southold. ny.u s (631) 765-1809 (ext. 5011 during recording) fax (631) 765-9064 TRANSMITTAL SHEET .A'rE: ?/ ~ ~oo~ MESSAGE: (x) Correspondence or related attached, regarding your inquiry today. // , Thank you. Pages attached: __ Lavender fields This Saturday and Sunday and next weekend, Serge and Susan Rozenbaum's lavender fields, above, in East Mari- on will be open for U-pick, 10 a.m. to 5 p.m. Five variet- ies of lavender are grown. The fall lavender, not as plen- tiful as the spring crop, is English. A bunch (as much as you can hold in the circle formed by your thumb and forefinger) is SS; already picked bunches are $6. Also for sale are local honey, French-style lavender wands, hardy lavender plants and sachets handcrafted by Susan using an[ique handkerchiefs. The field is across fl~e North Road from Sep's Farmstand. (If you get [o the Blue phin Motel, you have gone too far.) For intbrmation, call 631-76S-S972. L BOARD MEMBERS ��0q SOUTyoSouthold Town Hall Leslie Kanes Weisman,Chairperson 1p 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes �p� Town Annex/first Floor, Robert Lehnert,Jr. Ol 54375 Main Road(at Youngs Avenue) Nicholas Planamento �Irou ,� Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD October 3, 2019 Tel.(631)765-1809•Fax(631)765-9064 Kehl Design Associates LLC, Brett Kehl 265 Jasmine Lane Southold,NY 11971 RE: 7540 Main Road, East Marion Known as the Lavender Farm SCTM No. 1000-31-6-28.26 Dear Mr. Kehl; This office received your letter of August 19, 2019 requesting that the Board of Appeals remove the conditions specified in prior ZBA decision#5691, specifically: 2. This farm stand shall remain seasonal and without heat. 4. No expansion or structural alterations (such as a second floor or adding heating, year-round use, or similar changes) are permitted without prior application and determination issued by the Zoning Board of Appeals. In your letter you indicated that the code has been changed and now a Farm Stand may be conditioned and enclosed. During our Regular Meeting of September 12, 2019, members of the Zoning Board of Appeals and the Town Attorney reviewed and discussed your request as well as the prior ZBA decision cited above. Firstly, even though the definition of Farm Stand in Chapter 72 (Agricultural Uses) of the code does not make reference to the prohibition of heat and insulation in a farm stand, if the code is silent with reference to a permitted use, then that use is not permitted. Secondly, the current definition of Farm Stand in the Zoning Code (Chapter 280), which the Board applied in decision#5691 is still consistent with the Board's interpretation and the conditions imposed therein. Based upon the aforementioned, the conditions set forth in Appeal No. 5691 shall stand. Therefore, any proposed alterations to the farm stand will require an application to the ZBA, a public hearing, and a determination by the Zoning Board of Appeals. 1 Page 2, Lavender Farm If you have any questions or concerns, please contact our office. Sre , eslie K hesW isman Chairperson cc: Michael Verity, Building Department J RECEIVED Kehl Design Associates LLC AUG 2019 265 Jasmine Lane Southold NY 11971 Zoning Board Of Appeals', 08-19-19 Town of Southold Zoning Board of Appeals 54375 Route 25 Southold NY 11971 Ref: Findings, Deliberations and Determination meeting December 14, 2006 ZB File No. 5691 Serge and Susan Rozenbaum; E. Niamonifakis Property: 7540 Main Road.(& Cedar Lane), East Marion NY 11939 Zone District: R40 Low Density Residential Dear Members: I am writing this letter on behalf of my clients Serge and Susan Rozenbaum. They are the owners of Lavender by the Bay located at the above referenced address. We are asking the Zoning Board of Appeals to permit the Rozenbaum's to follow the conditions of a farm stand as per the current Town of Southold Code. Please note the interpretation of a Farm Stand from the time of the submittal ZB file No.5691 has changed. A Farm Stand is now allowed to be conditioned and enclosed. One aspect of the Rosenbaum's business is to package the lavender for sales and distribution. Allowing them to follow the current code, will help insure the safe and sanitary conditions required to process the agricultural product grown on their property. The packaging process requires that the lavender remains dry. Therefore, it needs to be processed and stored in a dry location to prevent any unsanitary conditions. The only way to prevent the lavender from mold and remain mildew free is by maintaining the correct temperature and humidity of the processing and sales area. The resolution from the board on this property granted by the variance as applied for with the following conditions: 1) That pursuant to the notice of disapproval Amended November 3, 2006 and chapter 47-3G of the Town Code, the approval of this variance for the proposed farm stand will require full parking plan approval by the Planning Board. 2) This farm stand shall remain seasonal and without heat. 3) The use of the basement shall be for storage use drying of lavender and agricultural products. 4)No expansion or structural alterations (such as second floor or adding heat, or year-round use, or similar changes) are permitted without prior application or determination issued by the Zoning Board of Appeals. Thank you for your time and consideration of this request. Following the conditions of a farm stand as per the current Town of Southold Code will help Lavender by the Bay produce a safe and sanitary agricultural product. a Sincerely Brett D. Kehl Kehl Design Associates, LLC. 265 Jasmine Lane Southold, NY 11971 631-433-9084 Ssbn654@optonline.net Office Location: Town Ann. ex/Firs~t~ Floor. North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Updated 8/16 12; 4 PM AGENDA SPECIAL MEETING THURSDAY, AUGUST 17, 2006 6 P.M. Place of Meeting: Southold Town Annex Building - NFB 2aa Floor, Youngs Ave. & Main Road, Southold. Call to Order by Chairwoman Oliva. I. STATE ENVIRONMENTAL QUALITY REVIEW: Reviews pending Coordination: A. Lead Agency Coordination from Planning Board: Oki-Do; also EM Fire District tower. B. Resolution to determine Type II Actions -no further step required for accessory uses by special permit, setback or lot line variances. II. POSSIBLE DELIBERATIONS/POSSIBLE DECISION/RESOLUTION: Resolution to Reopen PH for 9/28tn PH 11:10 A.M. for further questions and information; inspection completed 8/9 FISHERS ISLAND WINDSWEPT PROPERTIES, LLC and ROSALYN DRISCOLL t/5883. Request for a Special Exception under Section 280-31B, sub-section 13 of the Zoning Code to establish Accessory Apartment, to establish an Accessory Apartment in the existing dwelling located at 1877 Heathulie Avenue, Fishers Island; CTM 1000-9-11-9.3. PHs held 7/27: JOSEPH GONZALES #5917. Request for a Variance under Section 280-242A (formerly 100-242A), based on the Building Inspector's May 8, 2006 Notice of Disapproval concerning a proposed addition and alterations, which will constitute an increase in the degree of nonconformance when located less than 35 feet from the front yard lot line (ref. ZBA Interpretation No. 5039 and Section 280-244, Zoning Code Bulk Schedule for lots containing less than 20,000 square feet in size). Location: 2700 Ole Jule Lane, Mattituck; CTM 122-4-14. SCOTT and WENDY ALBRECHT #5923 - Request for a Variance under Section 280-33 (formerly 100-33), based on the Building Inspector's May 17, 2006 Notice of Disapproval for a building permit for a new in-ground swimming pool in a yard other than the required rear yard, at 5665 Main Road, Laurel; CTM 125-1-15.1. JOHN MAZUR, JR. and ALICE MAZUR #5909. Request for Variances under Sections 280-242A (referring to Interpretation under Walz Appeal No. 5039) and 280-244, based on the Building Inspector's April 3, 2006 Notice of Disapproval, amended May 18, 2006, stating that the new construction will increase the degree of nonconformance when located with a front yard setback less than 35 feet and a rear yard setback less than 35 feet, and with an new increase of lot coverage in excess of the code limitation of 20%, at 3200 Camp Mineola Road, Mattituck; CTM 123-5- 36.2. JENNIFER B. GOULD #5907. Request for Variances under Sections 280-242A (referring to Interpretation under Page 2 - Agenda Meeting of: August 17, 2006 Southold Town,Zoning Board of Appeals Walz Appeal No. 5039) and 280-244, based on the Building Inspector's April 27, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling. The reasons stated in the Notice of Disapproval are that the new construction will constitute an increase in the degree of nonconformance when located less than 10 feet on a single side yard and less than 25 feet for the total combined side yards, at 1825 Truman's Path, East Marion; CTM 31-13-3. BARBARA THERMOS #5910. Request for a Variance under Section 280-32, based on the Building Inspector's May 18, 2006 Notice of Disapproval concerning a proposed dwelling with a number of stories above the code limitation of 2-1/2 stories, at 355 Sound Beach Drive, Mattituck; CTM 99-1-19. ROBERT and BETTY FOX #5911. Request for a Variance under Section 280-30A.3, based on the Building Inspector's May 1, 2006 Notice of Disapproval concerning proposed additions and alterations to the existing dwelling with a setback less than 50 feet from the front yard lot line, at 940 Laurelwood Drive, Laurel; CTM 127-7-8. PAMELA SMITH (a/k/a Pamela Katzer) #5913. Request for a Variance under Section 280-244, based on the Building Inspector's May 11, 2006 Notice of Disapproval concerning an as-built deck at less than 35 feet from the front yard lot line, at 550 Dolphin Drive, Greenport; CTM 56-7-10. JOHN RABKEVICH #5916. Request for Variances under Section 280-242A (referring to Interpretation under Walz Appeal No. 5039) and 280-244, based on the Building Inspector's My 22, 2006 Notice of Disapproval, amended June 6, 2006 concerning an addition to the existing dwelling which will constitute an increase in the degree of nonconformance at less than 40 feet from the front yard lot line and for a swimming pool location in a yard other than the code-required rear yard, at 800 Cedar Drive (and Miller's Road), Mattituck; CTM 106-10-23. ALFRED FRODELLA #5922. Request for a Variance under Sections 280-242A and 280-244, based on the Building Inspector's April 24, 2006 Notice of Disapproval concerning as-built additions/alterations to the existing dwelling and ZBA Interpretation #5039, for the reason that the new construction will constitute an increase in the degree of nonconformance when located less than 60 feet from the front lot line. Location: 40735 C.R. 48 (a/k/a North Road or Middle Road), Southold; CTM 59-7-29.2. STEPHEN MATTEINI and STENDA REALTY, LLC #5918. Request for a Variance under Section 280-32 (formerly 100-32), based on the Building Inspector's April 12, 2006 Notice of Disapproval concerning a proposed open, roofed- over front entry addition which will be less than the code-required 35 feet from the front yard lot line, at 1060 Willow Terrace Lane, Orient; CTM 26-2-22. III. PUBLIC HEARING (none). IV. RESOLUTIONS/UPDATED REVIEWS/OTHER: A. Regular Meeting scheduled for August 31st at 9:30 AM, Town Hall, 53095 Main Road, Southold. B. Resolution to authorize advertising of new hearings for September 28th concerning complete applications. C. New business (t/b/d); also carryovers from above agenda items, if any. D. Discussion regarding de minimis design alterations that do not increase the degree of nonconformity after issuance of variances for dimensional requests only (setbacks or lot coverage nonconformities only). E. Resolution to commence SEQRA steps, requesting Long Environmental Assessment Form in the Appeal No. 5691 F. S. and S. Rozenbaum (new building proposed for retail sales of agricultural products). Page 3 - Agenda Meeting of: August 17, 2006 Southnld Town~ Zoning Board of Appeals V. POSSIBLE EXECUTIVE SESSION (t/b/d, if any, regarding litigation). 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 southoldtown.northfork.net TO: FROM: DATED: RE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Elizabeth A. Neville March 17, 2005 Zoning Appeal No. 5691 Transmitted herewith is Zoning Appeals No. 5691 - Serge and Susan Rozenbaum - Zoning Board of Appeals application for variance. Also included is Application to Zoning Board of Appeals; area variance reasons; letter from A. Wickham delivered March 8, 2005; Notice of disapproval dated November 30, 2004 amended March 4, 2005 (two pages); property survey; property area map; photo copy of survey; three pages plans; copy of Newsday article; short environmental assessment form; project description; three color photos; Zoning Board of Appeals questionnaire; letter of attthorization; applicant transactional disclosure form and copy of survey. ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SU1TE I 1 I MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Feb ruarv~gr'24~'~ ',~_~/? .g/oc~//~ L~_, Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Rozenbaum, Serge and Susan Farmstand Variance S/E corner of Main Road and Cedar Lane, East Marion, New York SCTM # 1000-31-6-28.1 Ladies and Gentlemen: We enclose the following papers, in seven sets, for variance for a farmstand. The applicant proposes to construct a small enclosed, insulated farmstand on the buildable portion of their farm. The Town of Southold owns the development rights on the remainder of the farm. 1. Copy of Notice of Disapproval dated November 30, 2004 ,/tm~ ,~,~/~/c//~°°S~(--~'~ /''- C/ 2. Application to Southold Town Board of Appeals; 3. Short Environmental Assessment Form; 4. Questionnaire for Filing ZBA Application; 5. Transactional Disclosure Form; 6. Project Description and photos; 7. Copy of site plan; 8. Appeal fee of $600.00; 9. Copy of the tax map; 10. Consent of Owners. A copy of the application has been delivered to the Building Department. 3~l/shdzbava encl AA W/jt Very t[uly yours, /'Abigail A. Wic~ NORTH ELEVATION STREET SIGN ~ N 59°16'18" E :'{//~ ,/y ]R~. //CATCH BASIN · ' · EDGE OF : .CO.N.C: , ROW OF CEDA~ 20' N 44°02 2~ EAST ELEVATION 35' 6' ' FLOOR. PLAN ~RED P(~CH '~44 S~ Lavender fields This Saturday and Sunday and nex~ weekend, Serge and Susan Rozenbaum's lavender fields, above, in East MarC- on will be open for U-p~ck, 10 a.m. to 5 p.m. Five w~r~et- ies of lavender are grown. The fall lavender, not as plen- tiful as the spring crop, is English. A bunch (as much as you can hold in the circle formed by your thumb and forefinger) is $5; already picked bunches are $6. Also for sale are local honey, French-style lavender wands, hardy lavender plants and sachets handcrafted by Susan using antique handkerchiefs. The field is across fl~e North Road/%om Sep's Farmstand. (If you get to the Blue Dol- phin Motel, you have gone too far.) For ~ni'ormation, call 631-765-5972. Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 03/09/05 * * * RECEIPT * * * Receipt#: 6289 Transaction(s): 1 Application Fees Reference 5691 Subtotal $600.00 Check#: 6289 Total Paid: $600.00 Name: Rozenbaum, Serge 1295 Lake Dr. Southold, NY 11971 Clerk ID: BONNIED Internal ID: 5691 November 23a, 2004 Southold Town Building Dept. Re: Rosenbaum property Main Road East Marion, NY. 11939 Reft SCTM # 1000-31-06-28.1 The following permit application has been submitted so that we can receive a letter of denial for the following Zoning Board violations. (1) Front yard setback on the west side of structure (between building and Cedar Lane) at this time we have 15 feet. (2) Front yard setback on the east side of structure (between building and Right of Way) at this time we have 9 feet. Please review site plan and preliminary plans for any other possible zoning violations. If there are any questions or if you need to contact me please call me at 765-1862 East End Design Associates 5130 Main Bayview Road, PO Box 1675, Southold, New York 11971 phone: (631) 765- 1862 e-mail: CArm8888@aol.com fax: (631) 765-6820 ROZENBAUM East MarioV~ Corners of proposed building at soccer balls. Stakes are laid on top of ground covering blanket. VIEW from Cedar Lane facing North VIEW from Cedar Lane facing Northeast VIEW from Main Road/Cedar Lane facing Southeast ERIC .L BRE. SSLER ABIi]A ~L A. WICKHAM LYNNI; I~ 60RDON ~AN~T GEASA MA'Frh~c'~. LONG ISL~.'t~D N~W YORK 11952 631-2994~$3 T~LEFAX NO. ~3 t-29g-~$65 TO:G~l 765 ~5~ P.001/001 APR 2 6 ,~r~ UOARD O~' APPEAL," MELVILL~ OFFICE 27,~ BROAD HOLLOW RD SUITE 111 MF, LVILLE, IV. Y. 11747 631-249-9~,S0 FAX NO. 631-249-94~4 VIA FAX ONLY April 26, 2005 Town of Southold Zoning Board of Appc~s 53Q?$ Main Road, Post Oftice Box 1179 S~:'..~o]d, New York 11971 Re: Rozenbnum, Serge ~nd Su~ Premises: S/E cor Main Ro;d and Cedar Lane, East ~Vlarlon, New York SCTM # 1000-31=6-2g.1 Appenl No. 5691 Ladle., ;m~t Ocnficm~: In response to your request fol admtioual information, plca~c be adviscd that I am awaiting additioual infor~oafion regarding th~ siting of thc proposed farm sta~d, at which time I will forward thc diagram.~ and explanations requested. AAW/dp? ',,'cry ululjy~, uts, / . 04/26/2005 00:01 6312040711 PECONIC LAND TRUST PAGE 02 ?ECONI¢ LAI',ID TI~,U ST 'RECEIVED JUL 2 7 2005 ZONING BOARD OF APPEALS April26,2005 Abigail Wickham, Esq, 10315 Main Road PO Box 1424 Maitituck, NY 11952 Niamonitakis S~t-Off & Lot Line Modification Plan SCTM#'s: 1000-31-6-:28.1 & 29 Dear Ms. Wickham: Per our discussion today, the following is meant to clari~ ~e above-referenced plan. The final concept plan for the above-referenced project wa~ ba~ed on our review of plan eonfiguritions with the Southold Plan~ Board. Specifically, the approximately 0.18 acre portion of Lot 1 along Main Road was held out of the ~le of development fights for use as a potential farm stand. According, the Town approved Road a~d Drainage Plan and NYS Department of Transportation approved Curb Cut Plan were both designed with that use in mind. This, however, does not preclude the landowner from seeking approval, of farm-related structures els~vhere on the property from the Suffolk County Farmland Committe~. Sincerely, Marian P. Stunner DJ.rector of Conservation Programs 296 HI. MI:TON RO.&T) t POST OFFICE BOX 1776 } SOUTI-LIMirI'ON NEW YORK 11969 ] PHOI'il$ (6]1) Z81-;1~5 ] F&X (6~1) 28;-02i~ wv~v. pccozficlan dm:st.or~ ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 63 t-298-8565 wwblaw~aol.com Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 July 25, 2005 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 ZONING DOAFID OF APPEALe' Re: Rozenbaum, Serge and Susan Farmstand Variance S/E corner of Main Road and Cedar Lane, East Marion, New York SCTM # 1000-31-6-28.1 Appeal No. 5691 Ladies and Gentlemen: We enclose seven sets of the floor plans and building elevation~ · C~-~';(ac~ ~m/a~--, tr./La 30/shdzbava AA W/jt Very ~ru~y yours, //~igall ~. Wickham ?,5'/g 4: · ge.q, THIS AGREEMENT, made this 7~ day of '"J'~a,~- , Two Thousand One; BETWEEN MICHAEL NIAMONITAKIS and EMANUEL NEAMONITAKIS, 111 Marine Avenue, Brooklyn, New York 11209, hereinafter described as the SELLERS, and the COUNTY OF SUFFOLK, a municipal corporation, having its principal offices at County Center, Riverhead, New York, hereinafter described as the PURCHASER, - WiTNESSETH, that the SELLERS agre~ to sell- and convey, and the PURCHASER agrees to purchase, as authorized by Chapter 8 of thc Suffolk County Code, and in accordance with Resolution No. 285-1981, as amended, and Resqlution No. 1201~2000 of the Suffolk County Legislature, on file with the Clerk of the Suffolk C6unty Legislature, the Development Rights, as hereinafter defined, in all that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, more partictilarly bounded and described as set forth in the description annexed hereto as Exhibit "G". I. Development Rights, as authorized by §247 of the New York State General Municipal Law, as amended, shall mean the permanent legal interest and right to permit, require or restrict the use of the premises exclusively for apr/cultural production as that term is defined in Chapter 8 of the Suffolk County Code, as amended,~and the'tight, to.l~reserve open space as that te. rm is defined in §247 of the General Municipal Law as amended,' and the right to prohibit or restrict the uso of the premises for any purposes other than agricultural production or to subdivide san~o. By thc sale of such development fights and interest, the SELLERS shall be deemed to have covenanted and agreed that the SELLERS, and thc heirs, legal representatives: successors and assigns of the SELLERS, shall only use the premises on and after the date of delivery of the instrument of conveyance to the County. of Suffolk for tho purpose of such agricultural production. Such covenant shall mnwiththetand in perpetuity. The provisions of this paragraph shall survive the delivery of the instrument of conveyance. 2. The SELLERS acknowledge that by the terms of this contract and tho declarations in the deed, that it has been infom~cd that neither the SELLERS, nor ';heir heirs, successors in interest, successors in title or assignees shall be perm tted to remove soil from the property to be covered by these development rights. The representation is intended to also serve as a covenant running forever with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any iustruments of this conveyance. 3. The power and purpose of the. P..URCHA~ER.is limited to acquiring the Development Rights in land presently used or suitable for agricultural production and the PURCHASER reserves the right, upon obtaining a survey and inspecting the premises in relation thereto, to hold a public hearing on said purchase and acquisition,' and thereaftcr, either cancel this agreement if the premises are not entirely used or suit!able for agricultu_Cal production or to accept that portion of the premises which is suitable for agricultural prodt/ction, as herein defined, in which case the price will be adjusted in proportion to the ar~a deemed suitable using the unit price as herein set forth. thereby by all its terms, provisions and conditions as they now exist and as they may be in the future an~ended. This covenant shall mn with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement. 30. If two or more persons constitut~ either the SELLER or the PURCHASER, the word "SELLER" or the word "PURCHASER" shall be c6nstrued as if it read "SELLERS" or "PURCHASERS" whenever the sense of ti}is agreement so requires. 31. It is understood and %~eed bY an.d between the parties to this contract that the SELLERS have retained or will retain certain portions of their property and. exclude said portions from this sale to the County of Suffolk. That by reason thereof, the SELLERS do hereby further covenant and agree that ~o~annlieation for the encctlon ora re,identia! dwelli~nng will be made to the PURCHASER as to those areas noi retained by the SELLERS and the subject of the development rights, by himself or his heirs, successors or assigns. Said covenant shall mn with the land in perpetuity and the provisions of this paragraph shall survive th9 delivery of any instruments of conveyance pursuant to this agreement. IN WITNESS WHEREOF, this agreement has~bcen duly executed by the parties hereto the day and year first above written. .~ IN PRESENCE OF: ~ ' "' hief Deputy County Executive Approved as to form, not reviewed as to execution: EMANUEL NEAMONITAKIS ROBERT J. CIMINO //~ Suffolk County Attorney AP. PRO'flED: .O."-:,., y: ID p. FISHBEIN ." · By:. ALLAN D. GKECCO Burean Chief . Division Director Real Estate/Condemnation Bureau Division of Real Estate Department of Law Department of Planning 8 DECLARATION OF COVENANTS & RESTRICTIONS ~I-II~ DEcLAKA~ION is made ~is/L~ day of~04 by Michael Ni~oui~akis and E~anuel Nimunuit~is residing at 111 M~ine AYe~e~ Brooklyn, NY 11209, hereina~er referred to as the DECLARANT; WITNESSETH: WI-IEREAS, the DECLARANT is the owner of certain real property situate on the South side of the Main Road (N.Y.S. Route 25), Town of Southold, Suffolk County, New York, more particularly bounded and described in Schedule 'A" attached hereto (hereinafter referred to as the Property);.and WHEREAS, the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a set-off and lot line change, as shown on the Subdivision Map of "Michael Niamonitakis" prepared by Joseph A. Ingeguo Land Surveyor, last dated August 2, 2002 which will simultaneously be filed in the Office ofth~. Suffolk County Clerk; and / WI-IEKEAS, for and in consideration of~e granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within CoVenants an~Restrictions be imposed on said lots 1 and 2, and 3, and as a cOndition of said approvalJsaid Planning Board has required that the within Declaration be recorded in the Suffolk County(Qlerk's Office; and WHEREAS, the DECLARANT has considered the foregoing and hav~ determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE, THJS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant and agree that the Said lots within said subdivision map shall herealler be subject to the following covenants and restrictions as herein cited, which shall mn with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs, executors, administrators, legal representatives, distributees, successors and assigns, to wit: ' 1) 2) There shall be no further subdivision of lot 3 in perpetuity, The two building areas in Lot 1 with frontage along the Main Rdad'CN.Y.S~ Route 25) are part of Lot 1, and shall not be separated from Lot 1 in perpetuity, 3) 4) $) Lot owners 1 and 2 shaj. l have a mutual non-exclusive, perpetual easement over. and ~ access across the common driveway, which is part of Lot 1, for the purpose ofpedestrian~ and vehicular ingress, egress and regress, as well as to tie-into, flow through and use the ~ utility services located on, over or under the common driveway, ' Lot owners 1 and 2 shall be reSPonsible for and pay equally for the work of extending, repairing and maintaining such common driveway from the entrance at Main Road (N.Y.S. Route 25). The use of the existing common driveway is limited to access and egress from Lots 1 and 2 of said subdivision and shall not provide access to any adjoining properties, and Prior to issuance of any residential building permits on Lots 1 and 2, the 16 foot wide common driveway must be constructed. These covenants and restrictions shall nm with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and %ay be terminated, revoked or emended by the owner of the Property only with the written consent of the Town. Ii'ny section, subsection, paragraph, clause, phrase or provision of these covenants and /:estficfions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid or held to be unconstitutional, the same shall not affect ~he validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall nm with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled, waived, changed} modified, terminated, revoked, annulled, or emended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public heating. DECLARANT above named have executed eu above: . the foregoing STATE OF NBW YORK ) COUN'I~ OF SUFFOLK ) SS: , 0~ this /~ .day o.f~7-~'/~ in the Year 2004 before me, the undersigned,.per~on.,ally appeared~I/d,,,-,f/f~,~f;~ersonally known to me or proved to mo on the bas,s .of Satisfaetoay evidence to be the individual(e) whose name(s) is (are) subscribed to the within instrument and aoknowledged to me that he/she/they executed the same in his/her/their.capacity(les), and that by his/her/their signature(s) on the instrument, the individual(s), or tlie person u)~on behalf of which the individual(s) ~acted, executexLthe instrument. STATE OF NEW YORK SS: COUNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIF~ THAT I HAVE COMPAFJEDTHE ANNEXED COPY OFt / DEED LIBER /,~.~ AT PAGE //~/'{ RECORDED AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS / ,~ ~'A~ DAY OF ~'~f~._ CLERK .,~otary Patilic K?ULA POLrrls Notary .'. '.:,.=iic State of l.I'~w Yo~k .- . .;1P050195 '. .-. ' ..l in KInss C' ,. / commis.~i.;,~ ~xpir~s Oct. 25, Schedule "A" ALL that certain plot, piece or parcel of land, situate, lying an.d being in the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at a point on the southeasterly side of Main Road (N.Y.S. Route 25) distant 621.48 feet · Northeasterly from the comer formed by the intersection of the northeasterly side of Gillette Drive with the Southeasterly side of Main Road; RUNNING THENCE North 39 degrees 16 minutes 18 seconds East along the southeasterly side of Main Road, 73.39 feet; THENCE South 41 degrees 44 minutes 52 seconds East, 133.35 feet; THENCE North 44 degrees 03 minutes 58 seconds East, 296.72 feet; ' THENCE South 41 degrees 17 minutes 32 seconds East, 146.30 feet; THENCE South 41. degrees 00 minutes 32'seconds East, 630.01 'feet; THENCE north 43 degrees 54 minutes'28 seconds East, 69.48 feet; THENCE South 41 degrees 15 minutes 22 seconds East, 293.08 feet; THENCE South 37 degreos 10 minutes 28 seconds West, 382.16 feet; THENCE South 40 degrees 30 minutes 12 seconds East, 269.30 feet~ to the.northwesterly side of Dog Wood Lane; THENCE South 50 degrees 26 minutes 38 seconds West, 418.88 feet to the northeasterly side of Cedar Lane; THENCE along the northeasterly side of Cedar Lane the following two (2) courSes and distances: 1. North 38'degrees 55 minutes 32 seconds West, 406.48 feet; 2. North 39 degrees 44 minutes 42 seconds West, 743.70 feet; THENCE N0rth 47 degrees 01 minute 18 seconds East, 316.38 feet; -THENCE-North39. dogrees49nfmutes 22 seeondsWest; 335.10feet~tothe southeasterly side of Main Road, the point or place, of BEGINNING. SH0-2020 DIS~RIC~ 1000 031. O0 BT.,OCK 06,00 LOT 02 S. 002 1000 031. O0 06.00 02S.0Ol ~'.,~.~ IND~.~.,.,~E, made the ~ day of ~ , 2004, ~ MICHAEL NIA.MONTTAKIS and ~ ~S a/k/a ~ ~a/4ONITAKIS , reaiding at c/o Meridiml Prope-r~iea Ltd., 310 85~ Street, Brooklyn, New York 11209, PARTy OF '£~ FIRST PA~T, AND t_he "~"'U.~-, OF aurm~LK, a n~niciDal corporation of the S=ate of New York, having its principal office at the Suffolk County Center, Center Drive, Kiverhead, New York 11901, PARTY OF TH~ SECOND PART; W~TN~SSmTH, that the PARTY OF THE FIRST PART, in consideration of 0~E HI]NDRED NIN~Ty-T~RE~ %~HDUSAND F0~ ~ EI~'rx F~ ~d 00/100 ~ {$193,485.00) ~d o~ ~ood ~u~le consideration ~id by the p~ 0F ~ S~ P~T, its successors ~d assl~ o~ the p~ 0F ~ SEC~ l~al ~t~st ~d rt~hn, as authoriz~ ~ ~247 of ~e N~ York S~te ~al ~ciDal Law, ~s ~ed, ~d Loc~ Law 16-1981 of ~e C~ of ~ffolk, as ~ded, to ~t. re~r= Dro~ction as that te~ is deflne~ ~ Local Law 16-1981 of C~ of Suffolk, as ~ded, ~ ~e right ~o Droste ~ade as ~t te~ is ~fined in ~2~7 of ~e N~ York ~e~l M~ici~l Law, as ~d~, ~d ~e right to p~ibit res~i=t ~e use of ~e pr~ses for ~y ~ose o~ a~cult~al ~roduction, to ~e pro~y describe~ as fo11~: A~L, t~at piece or parcel 0:~ lan~= Situated ~ the TOwzl of Sou~old, County of Suffolk, an~ Sta=e of New York, mor~ part~n/larly bounded en~% described as follows: (se~ description annexed hereto and made a part hereof); B~G ~ ~ to b~ Dart of tho same prem/se~ conveyed to Grantors by de~d from Jean Schneider dated Sept~m_r 30, 1988 and recorded on February 3, 1989 in Libor 10793 at pa~e 89. TO ~AVE AHD TO HOLD the said D~LOPMENT R/GHTS in prom/scs herein granted unto the ~ARTY OF 'rn~ SECOND PART, its successors and assigns, forever; TOGL~I~K with a right of way for in~ress and egress frc~ as ~m: forth in Schedule 'A'. right of way th&= runs from cedar Lane North and easterly to lo= number 3, in order to obtain the noxmal right of ingress and egxess to and from the North Parcel and Sout2u Parcel Of the premises conv~yed hsrein, a~ set forth in Schedule 'A'. A~) ~he ~AR/~ 0P TH~ FIRST PA~T covenants t_hat ~e 2~ 0F · ~ FI~ P~T has not ~one or. suf~ere~ ~h~,~ wherry s~d pr~ses ~mve be~ ~ere4 in ~y ~y wha~, as aforesaid. ~e P~ OF ~ PIRST P~T, as a a~ees for the P~ OF ~ F~ST ~T, ~ the he~s, le~1 r~res~tatives, successor~ ~d assi~s of the P~ 0F '~'~ r~T P~T, to use of ~e pr~ses on ~d after ~ ~t solely for th~ ~ose of a~lt~al pro~ction. ~ development rJ~ghts convm~ed he~ei~ are subject to t.ha further ~er~s ~-~d provisions ss set forth in a certa/n contreot of sale be~wee~ the Dottles here=e daued June 29,2001 as the sam~ is recorded in the office of the ~/ffolk County Clerk on SeDt~lber 25, 2001 in Liter 12143 cp 578, portions of whic~ as contained herein have and will s~rvlve the delivery of tb/s instl-~t of conveyance. =~ pARTY OF TH~ FIRST ~ART, its heirs, assi~lS and/er party or 9attics /~ lawful Dosmessi~ of ~ ~ses s~j~t to ~s ~eed of d~el~ent rights, ~su~t to l~ae, lic~se, or ether ~t, c~--~ts ~d a~ees ~t it ~11 not r~ ~y sell frem ~e pr~es ~escribed herein. ~ party of the first ~rt, its heirs, ass$~ ~for t~s de~ of devel~t rights, ~u~t to l~se, lic~me, or other ~g~t, coverts ~ a~ees that it will. (a} not G~erm~e, store or ~sposm of ~a~ous ~m~ces on the DreaM,s, nor all~ o~ers to do so; (b) c~ly ~ all ~r~tal Lawsf (c} a11~ P~ OF ~ SEC~ p~T ~ asc~ta/~G site conditions ~d for ~ecti~ of ~e with ~ l~d in pe~etuity. are ~ fact received ~ ~e P~ OF ~ ~ P~T for The followin~ l~age is ins~t~ p~t to ~e~t (N.Y.S. Con,act No. C800500, C/A ~f. No. ~V %01- PL-003), dat~ Au 5 00, be~ N~ York ~mr~t of.A~i~l~ure ~d ~rkets, having its Dlace of business at I W~s Circle, ~, N.Y. ~ P~ ~ ~ P~T, ~ Contractor, acting ~h its constituted DEP~ 0F P~, lecated at 100 M~rial ~g~ay, P.0. ~ 6100, ~ge, N~ ~ork 11788~ is a~lic~le ~ly for ~at ~rti~ of ~ds received to ~ 'E' ~d ~P~ 'P' thereof, ~t to Cooperative A~e~nt bergen ~e'United States of ~m~ca C~ty ~t Co~ation ~d t~ N.Y.S. D~ of ~icult~e ~d ~rkets for ~e Fa~d ~ot~ti~ ~: (i) C~t~t ~ht in ~e ~ft~ S~tes of fails to ~force ~y of ~ t~ of ~s~t (or other interests in 1~), as defied in the ~ole ~scretfon of Secreta~ of ~m ~ite~ States D~t of Aqri~re, ~ said Se~et~ of ~a his or h~ ~cces~ors ~ ass~- s~11 ~e right to ~oroe ~e te~ of ~e ~ough ~y ~d a~l au~oritims avail~le Fed~al or State law. ~vest itsel~ of ~y ri~ts, ti~e, or int~sts of this ~s~t (or ether interests ~ land) ~t ~e ~rior c~s~t of ~e S~rs~ th~, at the option of su~ S~r~=a~, all right, title, ~d ~terest in ~s ~t ether ~t~ests in l~d) s~11 b~o~ veste~ ~itsd States D~r~t of A~ri~l~e, its S~R~E DUCT DSGN Unless o~herwise agreed to by the PARTY OF THE SECOND PART, United States of America Credit Cor~oration ~ =he N.Y.S. ~ar~t of Agricult~e ~a ~rkete s~ll hold Uitle to conse~lon eas~= or in~erest in H~ever, title ~y be held ~ ~e ~T~ STATES at the re,est of ~e Se~et~ of A~ricul~e ~T, U~i~e~ S~a~es of ~erica C~ty Cr~t Co~ormtion and ~e N.Y. ~. ~9~ent of pAi~TY OF THE FIt~T P~T ¢ove~'~,t~ to m~nage the ~at is developed utiliz~g ~e st~rd~ ~ ~pecifications of the ~CS ~ield office tactical ~ide ~d is approved ~ t~ Conse~tio~ District T~E following covenants shall run with the land in perpetuity and shall be dee~ed applicable, on~y if New York State funds are in fact received by ~he PA~TYOF 'r~ SECOND PART for the pretenses: The following language is inserted pursumnt to the Agre~t (N.Y.S. Contract No. C800001, C/A Ref. No. ~SRV #01- PL-004), dsted s 2 , between New York State D~artm~nt of Agriculture and ~l~rkest, hav/ng a princilual place o~ business at I Winners Circle, Albany, N.Y. and PA~TY OF THE SECOND PA~T, acting through its duly cons~ituted DEPArTMeNT PLANNINg, located at ~00 Veterans Memorlal Highway, P.O. Box 8100, Hau~auge, New York 11788j a~d/or ~ursua~t to t~e Agre~ut (N.Y.S. Contract NO. C800500, C/A Ref. No, ~S~V $99- PL-002), c%ated , between New York State Del~Ir~ment of Agriculture mnd M~rkets, having e principal place of business at i WLnners Circle, Albany, N.Y. -~8 PARTY O~ SECOND PART, acting through /ts duly constituted DEPARTMENT OF PLANNING, located at 100 Veterans ~_~m~._rial Highway, P.O. Box 6100, Haut~euge0 New York 11758: All amendments to this Agresmeat/Easmms~t, after the DEVELOPMENT ]tIGHTS have bean acquired by the P~-~TY 0P ~ SKCOND PART sh~11 he aut~orized h~ the N. Y. S. Department of Agriculture and Markets. ~ PA~TY OF TR~ FIRST PA~T, its heirs, assi~s ~ or ~rtiee in la~ ~ssession of ~e ~r~ses ~s deed of de~lo~t rights, Du~s=t to lease, liege, or oth~ ~g~t, c~te ~d a~ee$ t~ i~ shall def~, in~i~ ~d hold P~ 0F 'r~ ~C~ P~T ~ ~ of its ~ ~ssi~s, ~ess from ~d ag~st ~y ~ all d~ges, ela~. los~es, li~ilities ~d ~saa, ~clu~n~, l~tation, responsibility for l~al, c~sul=in~, ~gineer~ ~d o~ costs ~ ~sm~ which ~y a~e ~t of the brea~ or non-perfo~ce of ~y c~ts re,ired egret to be ~fo~d ~ ~ P~ 0F ~ F~T P~T, prior ~o or s~se~t to ~e clos~ of title here~ or (3) ~j~=tive ~lief, r~ action, or o~er r~ a ~olatlon or n~-c~li~cs ~ ~ ~tr~=al law~ or 02/11/2005 18:20 FA~ '718 591 1059 SI~G~ DUC'/' DSGN .... subsequent to the execution of the deed of develo~pnt rights. This covenant shall run with the land in perpetuity. %~L~ ~ "PA~TY" shall be con~trued aA if i= read 'p~ies' whenever ~e s~se o~ ~is ind~t~e ~o re~res. ~ ~S~ ~P, the ~ OF ~ FI~T P~T ~s duly ~ecut~ t~s de~ the day ~d year fir~ ~e ~itten. ]~TAT'~ GF NEW YORK) ) st F~v~A%~IEL NIAMONITAKI S a/k/a On this ~44~ day of 6%0~b~' in the yg-r me~ ~ ~dersi~, p~sonally a~eared ~ ~e basis of sattsfacto~ ~i~m-ce to be ~ in~i~duals ~s are s~crib~ to the wi~n ~st~,m~t to ~ t~t th~ ~t~ the s~ ~ ~eir ca~ci~, ~eir si~t~e on the instant, the ~duals, or ~s~s ~ b"half o~ w~i~ the in~,-1 ~ acted, York BOB Z~l~ ] Division of R~al Estate Depar~t of Planning H. Les Denz~son Bldg., 2' Floor P.O. Box 6100 02/11/2005 1S:20 FA][ 718 591 1089 SERGE DUCT DSGN I}O%~M~TA~ ~ AGENCY, INC. II1~E NO. ~o~-~119 8CIIRDUL~, A. CONTINf~D , I~OAL DE~cRIPFIoN ALL thnt ceflnfn piece or pnmel of land bcin$ nl East Mnrlon, Town of Soulbold. County of Suffolk and Slnle o1' New Yod; more pnrtieulndy bounded ;md de~fibed n~ foll.ws: BEOINNINO al a point dong the enstcdy Side ol'Ccdnr Lane · · 42 m~ules ~. s~onds Ens ~ , ..... said Poml being ~)ulh .39 roes t. 15..73 feet f~om the ,-tcrseellon ,)tll . deg (S.R. 9_q) arid die eallel~y side of CedDr Lane; ~e .~utherl¥ sstle ,1' Main Rtmd 'I'll ~P..NCE Ntltlh 44 degrees 0.3 miflutes 511 ~.nds E~L 34027 ~eet t(, ri IENC'E ~lilh 41 ~I (~} ,ninutgs 32 ~;~).ds Et~L 27U.,)5 I%~t to a ~)inl:. ri IENC'I~ ~mlh 4g d~gmes ~q minutes 2g ~-nds W'~L 24R,?) I~l to a ri IENCE ~th ~ deg~s ~9 minut~ ~ ~tm~s ~'~st, 137.¢~ I~t to n ~int: ~ IENCE ~ 41 dc~mes ~ minut~ ZZ ~conds ~C~fi.I 7 I~t .TI-~_ENCE 8oulb 47 degree~ I I minutes 30 ~econds West. 276.73 ~o~ ~ no~dy lira of~d I ~CB ~g ~ ~t I~ or ~ ~e No~ 39 d~s ~ ~inum 42 ~n~ W~ THI~CB ~ de sou~aedy line ot'Cedat lane North 47 degrees 01 minutes 18 seconds East, 316.]8 feet to a concrete monument an~ I~e East line of Cedar Lane; , - t az J7 rent ~o Ibc point' .~d pinch.O[ BEGINNING. conmJnb~a,61mu ~07 02/11/200~ 18:20 FAX 718 $91 1089 SERGE DUCT DSGN ' ' \ DOWNSTATBTITLEAOENCY, INC. -~ "- TITLENO. ~01-111p ,, $CI~DUL~ A - CONTIN-~D ~ Soudt P4mm~: LEOAt, DF~Ci~YI'ION .~u~ ~ cmaln piece or parcel otlmd being Bt Eas( M~on. Town otsoua~old. County ot Irolk md Sine ol'~ew York mom particularly l~ufld~d and described u follows: - BEOINlqlNCi a~ a point ,,Ions d~ easterly side al'Cedar Lane. said point being Ute following d~ (3) eom,,~l and dbwnces Imm Ihe intersection ut'the ~uthedy side of Main Road (S.R. 2:~) and de eagerly ~icle otCedar Lane: (Il 12i South J9 de[~ree, s 49 minutes 22 seconds Emi. 335.11) I'cct to a cuncrete South 47 dqFees ~)1 mi,u~ I II seccmds W~I..316.38 I~e! ti) n re,ifiL: South 39 d~n~s 44 minutes 42 .%~:,,nds E~qt o4.~.t)3 I~.'t lO n point ,,.d tl~ soutl~dy side ufa 25 loot right el'way: · TI IENCE alotq tl~ soud~'iy si& ot'~d rigN of way North 47 de~ I I minutes J0 ~k ~28 r~t to a ~in[ ~ tho land ~w or ro~dy of Rumld md'Run ~s: '" TI'IE ~u~dy ~ e~rly ~ong s~d I~d de following t~u (2) c~u~ ~ distance: (I} Sou~ 41 degas ~ mlnum }2 ~conds E~c IO7.43 ~t IO a ~inc, {2} No~ ~ ~ ~ minut~ 08 ~s E~ 12737 r~t m a ~int: TI IENCE ~u~dy ~ont ~d la~ ~ lot ! 81 Mnp otO~i~ Bny Es~. So~ ~ ~ ~y Mo~ ~e ~dy side or~d m~ md ~e ~ line o~l~d mw or &~ 26 ~ut~ 3~s W~k 418.88 m a g~m mon~nt ~ ~ ~y si& of THE~ aloe4 the easterly side of Ce&r Lene North 38 de~ SS minutes 32 secot~.ds We~t, 406.4~ f0et t~ apoint;," - - ~Ti~N~ ~!1 along'th~ enstedy side of Cedar Lane North 39 ~.~.gr~es 44 rni~.ute~ 42 seconds .TB fe~t to the point and pla~e oFBEOINNINO (~mmb~ 4.28 a~a ' ~08 ~EAST END DESIGN ASSOCIATES, uc PO Box 1675, 5130 Main Bayview Road, Southold, New York 11971 phone: (631) 765- 1862 e-mail: CArm8888@aol.corn fax: (631) 765-6820 SUFIFOLK COUNTY DF ~RTMENT Of PUBLIC 335 YAPHANK AVENGE YAPHANK, N.Y. 11980 COMMISSIONER: CHARLES J. BARTHA, P.E. W '~KS %. ,% -£OT LOT ~ KEY MAP " 600' SCALE 1 = :COUNTY OF SUFFOLK LAWYERS TITLE INSURANCE COMPANY DOWNSTATE TITLE AGENCY, Inc. NOTE; 1. ELEVATIONS SHOWN ARE SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS. EXISTING ELEVATIONS ARE SHOWN THUS: ~ EXISTING CONTOUR LINES ARE SHOWN THUS;----,o--- 2. THIS SURVEY tS IN THE 1927 NEW YORK STATE pLANE COORDINATE SYSTEM. SOURCE= SUFFOLK COUNTY MONUMENT No. 10-1240, ON NORTH SIDE OF MAIN RD. 50':i: WEST OF ROCKY POINT RD. SUFFOLK COUNTY MONUMENT No. 10-1259, ON EAST SIDE OF ROCKY POINT RD.. 1/2 MILE NORTH OF MAIN 3. PURCHASE OF DEVELOPMENT RIGHTS AREA SHOWN THUS; 4. DIRT FARM ROADS IF ANY ARE NOT SHOWN. N.Y.S. LIc, No. ~-966B A. Ingegno Land Surveyor PHONE (831)727-2090 Fa~ (631)727-1727 SUFFOLK FARMLAND SURVEY OF PROPERTY COUNTY DEPARTMENT OF PUBLIC WORKS PRESERVATION PROGRAM - PHASE V SITUA TED A T EAST MARION TOWN OF $OUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-51-06-P/0 28.1 SCALE 1"=100' JULY 24, 2001 SURVEY JULY 18. 2002 MAP OF LOT 1 TOTAL LOT AREA = 652,4~5 sq, ft. 1~.,979 ' ==. EAST ELEVATION WEST ELEVATION NORTH ELE;VATION (~ COPYRIGHT 2005 EAST END DESIGN ASSOCIATES, LLC. ALL FLOOR PLANS AND ELEVATIONS ARE PROTECTED UNDER FEDERAL COPYRIGHT LAW. PLANS MAY NOT BE REPRODUCED WITHOUT WRITTEN AUTHORIZATION. ALL PLANS AND DESIGNS ARE THE SOLE PROPERTY OF EAST END DESIGN ASSOCIATES, LLC. THE RIGHT TO BUILD ONLY ONE STRUCTURE FROM THESE PLANS IS LICENSED EXCLUSIVELY TO ]lie BUYER. SOUTH ELEVATION © 86~--2004 CMA ~/4."= 1'-o' 1 1- 22-04 07-21-05 ELEVATIONS 1 OF2 UNHEATED BASEMENT ANDERSEN I CLOS I TOP OF DECK TO 13~ IWiTH DIS LAY COUNTER BE FLUSH WITH f I,ACCE FLUSH WITH ~RAD, I DISPLAY WkLL TO PROVIDE ADA o4 I I I ~1 Al UNHF~TED FARJ STAND I Al ~' to SAF~ RNL IDISPUAY WALLI SAF ~IL ~ [0 FOUNDATION PLAN FLOOR PLAN CROSS SECTION (~ COPYRIGHT 2005 EAST END DE?GN ASSOCIATES, LLC. ALL FLOOR PLAN§ AND ELEVATIONb ARE PROTECTED UNDER FEDERAL COPYRIGHT LAW. PLANS MAY NOT BE REPRODUCED WITHOUT WRITTEN AUTHORIZATION. ALL PLANS AND DESIGNS ARE THE SOLE PROPERTY OF EAST END DESIGN ASSOCIATES, LLC. THE RIGHT TO BUILD ONLY ONE STRUCTURE FROM THESE PLANS IS LICENSED EXCLUSIVELY TO THE BUYER. N © 865-2004 1/4"= 1'-0" 11-22-04 11-22-04 FOUNDATION/ FIRST FLOOR/ & CROSS SECTION PLAN 20F2 JAN-02-2007 14:03 FROM: 631 298 8565 TO:6317659064 P.002/002 Office Location: �p� ►1FF0(�cQ Ma ,Add : Tbwn Annex/First Floor,Nora Fork Bank 'COO 53095 Main Road 54375 Main Road(at Youngs Avenue) S P.O.Box 1179 Southold,NY 11971+ pl Southold,NY 11971-0959 http://southoldtown,norehfork.net BOAP.D OF APPEALS TOWN OF SOUTHOLD TK. (631)765-1309 Fax(631)765-9064 December 21, 2006 By Regular Mail and Fax Transmission 2988565 Abigail A. Wickham, Esq. Wickham Bressler Gordon & Geasa PC 13015 Main Road P.O. Box 1424 Mattituck, NY 11952 Re: ZBA File#5691 - Variance Determination (Rozenbaum) Dear 4* m: Please find enclosed a copy of the variance determination rendered by the Board of Appeals at its December 14, 2006 Meeting. Please be sure to contact the Planning Board and Building Department regarding the remaining review steps of the building permit and zoning review process. Thank you. Very truly yours, Linda Kowalski Enclosure Copy of Decision 12121106 to: Building Department Planning board DEC-01-2006 10:08 FROM: 631 298 8565 TO:6317659064 P.002/002 LAW OFFICES WICKHAM. BRESSLE.R, GORDON&GEASA P.C. 13015 MAIN ROAD. P.O.BOX 1424 WILLLIAM WICK.HAM(06-02) MATr1T11CK.LONG ISLAND MELVILLE OFFICE ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.t()RDON ---- Mr:L.VILL.B, N.Y. 11747 JANET OEASA 631-2988353 .--- TFUEFAX NO.631-298-8565 631-249-9480 FAX NO. 631-249-9484 November 30,2006 RECEIVE Town.of Southold Zoning Board of Appeals 53095 MainRoad, Post Office Box 1.179 Southold,New York 11971 Re: R=nbaum, Serge and Susan Premises: S/E cor Main Road and Cedar Lane,East Marion., New York SCTM#1000-31-628.1 Appeal No. 5691 Ladies, Gentlemen: In reviewing my Me,I have discovered.that 1 misstated the County farmland position at the bearing today. The Committee favorably considered but did,not approve the application. The Committee decided to hold off on a decision until the Town determined that the additional parking was needed. It was the consensus of the Committee that if the Town required the area for parking,it was something they would consider,but they did not want to approve it unless it was necessary. Therefore,the matter was tabled pending a determination from the Town. Please correct the record and accept my apologies for the incorrect statement. ligai y yours Wickham Zba/shdzba f�y� �3• ri. ' lit lit �' ,• } '" til IT l_ V� If i • .,., .. 1. .!, ., .. ice.....{ .,`,�.v �: 4j"'�n r�'";94�+ '.�1� {''.�,1�.`'1; ,. .-_ - .��,'..` r.�'.�1�',�Ta�n.' ��•r0a,�s:;.i.Y1r�.;••`>:1.:�E'�.�..�K:��tT �� - -- - DEC-01-2006 10:08 FROM: 631 298 8565 TO:6317659064 P.001/002 Law Offices WIC,T'CHAM, BRIESSL»R, GORDON & GFA,SA,F.C. 13015 Main Road,F.O. Box 7424, M"ttitUck,New York x7.952 637-298-5353 Telefax no. 637-298-8565 This tro>asmission contains information oonfidcrntial attd/or legally to Ivhorn it is directed. If you have received this iglgco 1' , leaseege it 1t is intended for use only by the person carp arrange for the return of the documents to ue at no cost to py in error,please notilj us by telephone i,mmedlately so that we please call as soon as possible at he number above.ecive all of the PnV.s indicated, To: ion',n Fax #; '— -From.: *�►-�' ` Date: tia)�Ib , Re: Caxnments; ► `tel �i-r p rx p�['�'1 Thisispale orta of PROJECT DESCRIPTION (Please include with Z.B.A Application) Applicant(s): SERGE ROZENBAUM AND SUSAN ROZENBAUM 1. If building is existing and alterations/additions/renovations are proposed: A. Please give the dimensions and overall square footage of extensions beyond existing building: Dimension/size: Square footage: B. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimension/size:_ Square footage: 11. If land is vacant: Please give dimensions and overall square footage of new construction: Dimension/size: (28' x 35' including deck and overhanging roofl Square footage: Ist floor, 29' X 24' =696 sq.ft; deck 35X4=140• covered porch 24X6=144• total Ist floor coverage=980 sq. ft; Basement 696 sq. ft. for storage Height: 16'9.5"to midline of roof-, 9.5 feet to soffit; 24' to rid egline 111. Purpose and use of new construction requested in this application: Farm stand for lavender farm on premises IV. Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): V. Please submit seven (7) photos/sets after staking corners of the proposed new construction. Previously submitted i T !" NUV 4 a i Please note. Further changes, after submitting the above information, must be place in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department(765-1802) or Appeals Department (765-1809) if you are not sure. Thank you. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? - Yes x No B. Are there any proposals to change or alter land contours? - Yes x-No C. 1) Are there any areas that contain wetland grasses? No. 2) Are the wetland areas shown on the map submitted with this application? 3) Is the property bulk headed between the wetlands area and the upland building area? 4) If your property contains wetlands or pond area, have you contacted the office of the Town Trustees for its determination of jurisdiction? D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? No (if not applicable, sate"n/a".) E. Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? None (if none exist, please state :none".) . F. Do you have any construction taking place at this time concerning your premises? No If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. G. Do you or any co-owner also own other land close to this parcel?No If yes, please explain where or submit copies of deed. H. Please list present use or operations conducted at this parcel Present use—vacant Proposed use—farmstand Author zed Signature and Date A orized Signature and Date THE NEW YORK TIMES, WEDNESDAY, jULf 1•;, 2004, FOOD STUFF NOV 4 1C0� Florence Fabricant What Ducks Dab Behind Their Ears To flavor a sauce for duck or to perfume a parina cottz:,cools uSt.allg use driee 1av- ender flowers.But for about two more weeks,fresh lavender will be ava,lable from tilt North Fork of Long island.Two acres in East Marion are covered with its warm purplisli i haze.Five kinds of lavender have been planted there by Serge and Susan Rozenbaum, whose company is called Lavender by the Bay You can buy a bunch for$6 or pick your own for$5 The farm,on the south side of Main Road,is open Frid,ly,Saturday and Suu- -� I day,10 a.m.to 5 p m (631) 765-5972.There will be anot;ier harves fn Luc f:ugus[.CA r. Rozenbaum,below,keeps bees and sells lavender honvV (58 a puund) His wife maxws lavender sacliets.Bunches of their fresh lavender are also at F[,i.wc.y niai heti,$3 aach. a. f , U,.ag hunt,fo Iro_he.v u,k Iona � by the sin : _j:-, i� o lavender N. 1— t T� ou don't have to leave , � �s��4'''```• '�`�'�'', "`" .=. YLong Island to get to the �"r r �l' ` ` ` f la Ad *,r er fields of France.Just head east. There,in East Marion,you will find Lavender by the Bay, I - the only U-pick lavender farm " on the Island.Lavender stretch- ' es southward in fragrant pur- ple waves,and you can hear snatches of French being spo- ken by Serge Rozenbaum,who i owns the farm with his wife, Susan. "It looks like pictures we've seen of France,"exclaimed -Chris Rossi of Hubbardsvllle, - - NEWSDAY PHOTO/JUNE 1 N.Y.,who stopped with her Susan and Serge Rozenbaum of Lavender by the Bay have brought a touch of France to East Marion. daughter Nicky,12,on a recent Sunday.Rossi,who has been to Paris but never the Lavenderfields bthe French countrysidee,,was look- ay ; ing to buy some of the laven- VVV"' der plants the Rozenbaums • CARTER from B9 together,Serpointed out happening Serge P ppening and respond to it also sell. � Walter Jackson of Mattituck "early bloomers"of French . . . In business, you have tc were 400 of them. and Italianorigin,and Alba,a control . . . here, the farm was seeking white lavender, "We put a small stand out white lavender that will be controls you, nature control: one of more than a dozen with a tin box and we went to ready as you read this.Grosso, you. varieties grown by the Rozen-, ' the beach,"Susan recalled of a French variety,is"hearty, "Time is the essence.When baums,for his wife,Edith,to their first,lackadaisical sales in deep blue;the flowers stay on you are 25,you don't know plant.The couple discovered Southold,"and when we came the stem long."He pointed much.When you are 50,you the lavender farm one day back there was money in it." with pride to new plantings of still have 25 years left,"said when they were returning Three years ago,the couple, . Betty Blue,Martha Roderick Serge Rozenbaum.He is 54 from Orient,where Edith is an who live part time in Forest and Fred Boutin. now,and he will have time lef organist at a Methodist church- Hills,planted in East Marion. Bees clustered happily to learn what the lavender A man who ran into their car Susan,who has just retired around the English lavender, plants require of him. was so contrite he gave-them from teaching art at a public said to be best for cooking. Lavender by the Bay,7540 four bunches of lavender he school in Jamaica,Queens,said The hives are posted with a North Rd.,East Marion,is o et had just bought. that"half the people who stop warning sign in French:"Atten- Friday,Saturday and Sunday, That sunny day,customers want to know if it keeps ticks tion,abiellesl" 10 a.m. to 6 p.m. (Picking is were attracted by the sweet- away."It does,and maybe Sometimes,Rozenbaum's seasonal,for a few weeks in smelling rows of purple and a deer,too. weekday and weekend jobs summer and again in the all.) handsome matching sign be- She crafts sachets with an dovetail neatly.A Nor'easter , To get there,take the North 71- side the small farmstand artist's eye,but her husband, blew away the black plastic Road(which for a ways is where Susan Rozenbaum sells has always longed to farm. coverings that keep down Route 48)and go east.Pass the bundles of fresh lavender, When he was a kid growing up weeds between the plants,and turnofffor Greenport and con- dainty sachets made from: in Paris,"My parents sent me he quickly improvised.Owners tinue east,following sigfor ns S— vintage handkerchiefs and to the Dordogne each sum- of a Brooklyn building his lavender. The farm is across thi napkins,lavender wands and mer,"he said,"and I was in sheet-metal crew is redoing road from Sep's farmstand,on honey. charge of watching eight gave him used steel safety the south side.For more in or- Barbara DeFrancesco of cows."He remembers,too,a cable;it now holds down the mation,call 631-765-5972 or Cutchogue,who picked two farmer who came to Montmar- black sheeting. visit www.lavenderbythe bunches(the amount you can , hold between thumb and mid- tre on a donkey and filled "That s the beauty of being bay.com.Lavender by the Bay 3 die finger,$5),inquired about sachets with lavender on the a farmer," he said. "You have also sells at Fairway market- 0the lavender honey,which she spot. to respond. You have to be places in Plainview and Man- As we strolled the fields fast enough to see what's hattan. likes for making ice cream "Come back in three weeks," Serge Rozenbaum said.The bees were busy making it,he explained. Rozenbaum,who in his day M LAVENDER LEMONADE job is a sheet-metal contractor, said that 20 years ago,when Lavender is best used with a restrained hand in herb breads,along with herbs in a rub for the couple bought property in pork or other meats,and in buttery shortbread cookies.It goes well with lemon in baked Southold,it was so sandy they goods,too.As with rosemary,dry,large amounts can overwhelm.This recipe,from could not grow much."We brought some lavender back www•happyvalleylavender.com,asite from growers in British Columbia,will be a deep rosy from France and put in a drip pink color when made with Hidecote,a lavender the Rozenbaums are just starting to grow, system,"he said."The follow- not yet available for U-pick.Other varieties turn it a pale but still pretty hue. Kirk" Qftar a�x�}iiln thorn year,the plants came a 1 cup sugar 1 cup freshly squeezed lemon juice, Kg M.d.A N.T. aa•tba0•i0U—h.ra•h u.R.I.D—,.nth C.r....1•ad.k Ou.kw l.dl•IWd.r C.rlronklM.S.IwrA.h.. CONSULT YOUR IR epORIS SIgNIN0 TIUS INSTRUMMI—TMS INSTRUMENT r D 111 USED MY LAWYERS ONLY. 4 10793 PC 89 236343 THIS INDENMREvntade the 30th day of September,nineteen hundred and eighty-eight BETWEEN D JEAN SCIINEIDER, residing at 72 Willow Street, Brooklyn, New York 11201 party of the first part,and MICHAEL NIAMONiTAKIS AND EMANUEL NEAMONIYAKIS, residing at 111 Marine Avenue, Brooklyn, Nov York 10708, party of the second pact. d WITNESSETH,that the party of the first part,In consideration of Ten Dollars and other valuable consideration ..v.� paid by the party of tiro es second part,dohereby grant slid release unto the party of tie second part,the heirs or successors and assigns of the party of the second part forayer, ,fly:�1 (See attached Schedule "A") REC Vg) �.0�1 -4 REAL TATE ay` FEB 3 1989 0 t >� TRASFERKTAX TAX MAP I IF�II:NA IKON Ifl l TOGS 1711 ER with all right,title and interest,if any,of file party of tike first tart in and to any streets and roads atntting the slave described preluises to the tetter lines thereof;TOGKTIIL::R with the appurtenances A. and all tike estate and rights of the party of tine first part in and to acid IIlreniises;TO IIAVK AND TO IIOLD the prouises herefu graitled unto the party of t second part,the heirs or successors and assigns of ftp, the party of like second part forever. Iµbb AND the party of the first part covenants that line party of the first part has not done or suffered anyddng whereby lk said premises have been encumbered in any way whatever,except as aforesaid. AND the early ill the first hart,in erWliltiallM will,%ftlin" Id of file Lien 1+w,tolvenanis that the mTIY of the first tart will receive line consideration for this conveyance and will-hold the richt to receive such consid- oration as a trust fund to lie apliiel first for tike hurpuse of paying the cost of the iniprovenlent mill will apldy the same first to live psyluet of the cost of the nmprovevtent before using any ttart of lire total of the Sallie for any Other purpose. aha word"party"a1tall be construed as If It read"parties'whenever Ilia sense of this indenture so requires. IN WITNEW WHEREOF,the party of the first part has duly executed this deed the day and year first above IN raustocts written. l,ce f V793 K 90 aTATE OI WW YORK.COUNTY OT ,^r•t G S au aTATs Of WW YORK,COUNTY Of set On the 3r day of 19 88 ,before me On the day of 1988 ,before me personala personality me�ej v personally ane to me known to be the individual described in and who to me known to be the individual described in and who executed the to" o oing instrument, and acknowledged that executed the to *Ing instrument, and acknowledged that exeetlted�e same. executed�e same. gr WEEN ROCAE ,. 4N�d New Tore c. 24.494SA47 ;r X.M.loW'Ir ' .pi•r,tan.tin.19x7 �n�Y•�� ETAri OT NEW YORK,COUNTY OF ss, ETATI Of NtW YORK.COUNTY Of ss On the 30 day of September 1988,before me On the 30 day of September 19 88, before me personally came personally came to me known,who,being by me duly sworn,did depose and the subscribing witness to the foregoing Instrument, with say that he resides at No, whom1 am personally acquainted, who,being by me duly sworn,did depose and say that he resides at No, that he is the i of that he knows ,the corporation described in and which executed the foregoing instrument;that he to be the individual knows the seal of said corporation; that the seat axed described in and who executed the foregoing instrument; to said instrument is such corporate scal; that it was to that he, said subscribing witness, was present and saw affixed by order of the board of directors of said corpora- execute the same;and that he,said witness, tion,and that he signed h name thereto by like order. at the same time subscribed h name as witness thereto. Pargain anti salt laetti SECTION / W1 IH COVENANT ACAINS I�7A�f j6 AVSL Tina No. 7L OL 1/ LOT G Lor �Q.OD/ ��1.00• COUNTY OR TOWN -.• . TAX RILLINO AODRaaE TO lisaWded Al FlWms of TM TIIN(WanmN Camp" • ,. J RRTVRN RY MAI%TO, Prtn*A 1M qc it ✓ ,sYs DMOW ,MY 1,ao+ 71 ti{42940 00 zip N. a FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 30, 2004 REC F'D AMENDED: March 4, 2005 AMENDED: June 30, 2005 2006 AMENDED: September 12, 2005 AMENDED: October 5, 2005 ALS AMENDED: November 2, 2005 ZONG BOAMENDED: November 3, 2006 TO: East End Design Associ es iamonifakis/Rozenbaum) b�.�,, 5130 Main Bayview Road ��- Ab Lb Southold,NY 11971 �1 13I b N�N� Please take notice that your application dated November 23, 2004 to For permit to construct and operate a farm stand at Location of property 7540 Main Road, East Marion,NY County Tax Map No. 1000 - Section 31 Block 6 Lot 28.6 fi Is returned herewith and disapproved on the following grounds: The proposed construction on an 18.75-acre farm parcel with three front yards, in the AC zone, is not permitted pursuant to Article III, Section 100-32, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120 R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." According to bulk schedule the proposed construction requires a front yard setback of 60 feet. Following the proposed construction the farm stand will have a front yard setback of+/- 15 feet (from Cedar Lane) and+/- 6 feet (from a proposed 25' right of way). In addition the proposed farm stand is not permitted pursuant to Article I Section 100-13 which defines a farm stand as, "Any structure open to the weather on at least one side, used for the sole purpose of retail sale of produce grown by the owner of the stand on farm acreage within the Town of Southold. Such structure may be one-story or less, roofed or have partial walls and flooringbut ut maw be completely enclosed except when the business is closed. A farm stand may not be insulated or mechanically heated or cooled by permanent equipment. A truck bed or trailer on wheels, with areas in excess of 20 square feet displa3jng produce, shall be considered a farm stand." The proposed farm stand is fully enclosed. Therefore, it does not meet the town's definition of a farm stand. c;, 7 In addition if the variance is granted as applied for parking for the farm stand would require planning board approval,pursuant to Chapter 47-3, G., which-states, "The site plan shall provide one parking space for every 100 square feet of stand and greenhouse area in a location approved by the Planning Board." This Notice of Disapproval was amended on March 4, 2005,to remove the need for a setback variance from Cedar Lane, following new information presented to this department that notes that the applicant has no access rights to that right of way. This Notice of Disapproval was further amended on June 30, 2005 to revert back to the original disapproval at the request of the applicant. This Notice of Disapproval was amended on September 12, 2005 to include the need for planning board approval. This Notice of Disapproval was amended on October 5, 2005 after the applicant amended the plan to remove a proposal to insulate the building and on November 2, 2005, to remove the proposed attic space. This Notice of Disapproval was amended on November 3, 2006 because the Suffolk County Tax Ma Number of the property has chap ed. o ze Si at e CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. RECE:OF ED NOV - 006 ZONING BOARDAPPEALS ;i 4 7i NOU-02-2006 11x23 FROM: 631 29'3 9565 Tn:A71 765 9502 P.002/003 I LAW OFI'I(TS WICKHAM. BRESSI.ER, GORDON &.GEASA, P.C. 13015 MAIN ROA0 I'.(),BOX 1424 W1I,I.IAM WICKHAM(06-02) i MATITI 11CK.I. )N(? ISLAND ERIC 1.BRESS LER N(1--W YO .i; ,1952 275 BRO�D HOLLOW ROAD i ABIGAIL A. W ICKI Lo M S;'ITE 111 LYNNE m.GORDON MELVu r.F_ NEw YORK 11747 JANET GEASA C%31-298-8353 'I'1:LI F'AX NO.631 2198-8565 631-249-9480 ,Aw"blaw@aol.COM 11:1,11FAX NO.631-249-9484 'Iovcmber 2, 2006 LZONING �i��GD Attn.: Mt. Damon Rail: "town of Southold Building Department V - 3 2006 53095 Main Road Post Office Box 1 179 0ARDOF APPEALS Southold, New York 11971 1 i e: Rozenbau",,,Serge and Susan . re!,,dies: S/E cor Main Road and Cedar Lane, East Warion, New York Ser'I:lb/# 10(10-31-6-formerly 28.1, now 28.3, 28.5 and 28.6 ^ Aly,?eal I'lo.56VT S(XA Dear D:>�:,on' -Ile 21 u , 4 4- A t A -)f the Notice cpf Disapproval in this matter is enclosed. How.:'/er,the tax snap number has c} atog d, and the fI3.'i, has requested a revised N6tice of Disapprove.!. I believe the tax map numbers reflect the fact that the developmErtt ,';ghts were sold :�)the CountY of S)iffolk on 28 6, although the three tax parcels are still in ,:e same namc. Please call me when the revised Notice of Disapproval is ready to be picked up or if ;:,j have any qt,,sti...,),5. Very truly yours. AA ► dn01130l/3�/9hbdR,tJ.0 %AHgail A. Wickham I I NOV-02-2006 11:23 FROM: 6Z1 298 8565 TO'«1 765 9502 P.003/003 I ' r . MAR 07 05 08:IMP SOUTHOLDi BUILDING 631 765 9502 P.1 I • FORM NO. 3 NOTICE OF DISAPPROVAL DATE:November 30,2004 T0: East End Design Associates(Niauioniara /Rozenbaum) AMENDED:March 4,20x5 5130 Main Bayvlew Road Southold,NY 11971 Please take notice that your application diced November 23,2004 For permit t4 cm=ct and metste&f=stand al Location of property 7540 Main_Road_FApt Manrio.",NY County Tax Map No. 1000-Section 31 Block_6 Lot_8.1 Is retumed ba-awith and disapproved on the following grounds: TbA nonose Mnstracgo_n_on in 18.75 acre farm parte with two frojA s in goAC ► Lee, is not permi_ttcd 11mms t to Artio)MT[1 Soo-ion I00-U,3ybic_ hSates Mau di o iss SW be ygod and no huil�di g2[„pa�t„lit wf a_hall be cted or ezed in tha A�0.R-80.R-'120,R_2QQ_and 8.400 Districts�css th"ame eonf0=3 to.tho �u JS and Parking S,hed&, Ingo orated into this chanLGr the same for�e�a d et as 3f such re pWations•were s-ct Eotb hcreiu,full." Legg `i -b 11 zjW- 2=ojgd waetrua 'an p»+* p &919 ward a+kwl Of 60 FollowiAjg the oronoosed conmmcd0n„'the fare}oland wii�laave a AMLYmA a c2mis-of+/ d feet(ftom a g=osed 25LdZt f Way). ImaddiUm),.- progoa ;FM stand ie of nonnlitted pI want t-w-A c-1c i Sccli�id9 _prhich defines o=to the wmthet onAtleab��e side used ortt, joie purgosc olfzusale of t►tUduao rows by th o er of the WWgn&=acregS dgU fk To_vm of So+u ; c tlucture maybe one-&J3r or less,roofed or have uarti wake and fl b�,ut may not be oomoletely enclosed exccvt whin the business is closod.A farm stand may not be 'nsulated MAR C17 '05 08:18AM SCUTHOLD BUILDING 631 761 gM2 P.2 oo E � . . ALAhorizod S"19t CC: Me,Z.B.A. Note to Ahplkaut: Any 01w9c or deviation La tke above referenced appll�.adon may require additional revlewv from the Southold Town Bi Uding"Department. FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 30, 2004 AMENDED: March 4, 2005 AMENDED: June 30, 2005 AMENDED: September 12, 2005 AMENDED: October 5, 2005 AMENDED: November 2, 2005 TO: East End Design Associates (Niamonifakis/Rozenbaum) 5130 Main Bayview Road Southold,NY 11971 Please take notice that your application dated November 23, 2004 ` For permit to construct and operate a farm stand at Location of property 7540 Main Road, East Marion,NY County Tax Map No. 1000 - Section 31 Block 6 Lot 28.1 Is returned herewith and disapproved on the following grounds: The proposed construction on an 18.75-acre farm parcel with three front yards, in the AC zone, is not permitted pursuant to Article III, Section 100-32, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120 R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." According to bulk schedule the proposed construction requires a front yard setback of 60 feet. Following the proposed construction the farm stand will have a front yard setback of+/- 15 feet(from Cedar Lane) and+/- 6 feet(from a proposed 25' right of wav). In addition the proposed farm stand is not permitted pursuant to Article I, Section 100-13, which defines a farm stand as "Any structure open to the weather on at least one side, used for the sole pur2ose of retail sale of produce grown by the owner of the stand on farm acreage within the Town of Southold. Such structure may be one-story or less, roofed or have partial walls and flooringbut ut may not be completely enclosed except when the business is closed. A farm stand may not be insulated or mechanically heated or cooled by permanent equipment. A truck bed or trailer on wheels, with areas in excess of 20 square feet displa3dng produce, shall be considered a farm stand." The proposed farm stand is fully enclosed. Therefore, it does not meet the town's definition of a farm stand. In addition if the variance is granted as applied for, parking for the farm stand would require planning board approval pursuant to Chapter 47-3, G.,which states, "The site plan shall provide one parking space for every 100 square feet of stand and greenhouse area in a location approved by the Planning Board." This Notice of Disapproval was amended on March 4, 2005, to remove the need for a setback variance from Cedar Lane, following new information presented to this department that notes that the applicant has no access riehts to that right of way. This Notice of Disapproval was further amended on June 30,2005 to revert back to the original disapproval at the request of the applicant. This Notice of Disapproval was amended on September 12, 2005 to include the need for plannine board approval. This Notice of Disapproval was amended on October 5, 2005 after the applicant amended the plan to remove a proposal to insulate the building and on November 2, 2005,to remove the proposed attic space. Aulboriz Signature CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. FORM NO. 3 r NOTICE OF DISAPPROVAL DATE- November 30`, 2004 AMENDED: March 4, 2005 TO: East End Design Associates (Niamonifakis/Rozenbaum) 5130 Main Bayview Road Southold, NY 11971 Please take notice that your application dated November 23, 2004 For permit to construct and operate a farm stand at Location of property 7540 Main Road, East Marion, NY County Tax Map No. 1000 - Section 31 Block 6 Lot 28.1 Is returned herewith and disapproved on the following grounds: The proposed construction, on an 18.75 acre farm parcel, with two front yards in the AC zone is not permitted pursuant to Article III, Section 100-32, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." According to bulk schedule, the proposed construction requires a front yard setback of 60 feet. Following the proposed construction, the farm stand will have a front yard setback of+/- 6 feet (from a proposed 25' right of wavy. In addition, the proposed farm stand is not permitted pursuant to Article I Section 100-13 which defines a farm stand as, "Any structure open to the weather on at least one side, used for the sole purpose of retail sale of produce grown by the owner of the stand on farm acreage within the Town of Southold. Such structure 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 be insulated or mechanically heated or cooled by permanent equipment. A truck bed or trailer on wheels with areas in excess of 20 square feet displaying produce. shall be considered a farm stand." The proposed farm stand is fully enclosed constitutes P/2 stories and will be insulated Therefore it does not meet the town's definition of a farm stand. This permit was amended on March 4, 2005, to remove the need for a setback variance from Cedar Lane, following new information presented to this department that notes that the applicant has no access rights to that right of way. t Authorized ignat CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. VIE ° 11 � w,X1.12 N c �y9 m at 10.2 r q �dp 10 12 0 m � ry 0 L1ARc1 14 ? SUFFOLK COUNTY ♦>>1plcl ry"r�� SS ti 2�plcV as 2.3A 7 13 NATER AUTHORITY $ 11 4,5Alc s �w . • wen tiy20 eN 'c� P '4 ; • 32s 12 y 15.6A do Cl. 6 vo, 2, ti $ O 0 4yA O`G\ ,OplcT 7 FOR PCI..N0. SEE 030-03-013 �S ~ O �� b ti~ '�1�� EAST MARION A y Y � 5.3 0� � +� GaIETeRr L1A tib 10 as Yip ry 1 .`"r . L2 O a` ao A% Y TOWN OF SOUTHOL oP Y�s� ti•' `O vry �� s ya h .P M SA 5.6 MARION L�ya,1 QO' • � W, � om ' •,ry' try by •�, r. g19 a q3 'S' tib „4 % qA + , ry 1`c, 1 tiIV •Y�' O '`1' 2.1A O e J? 7.9A `•5" 0,10 Y 1y'r�G `$�a 1°j •� Is " 100 O Y°0 Yy0 �q ,y \ •Pr MARION T I g R e ylryp`v 1°, ff °0 �P1� ^P �,& `/•. 11 °� TOWN OF SOUTHOLD b •� AAYODWRER lATD 7 1 Y.YO � f''��• ryP 15 � + 1 WEN SPACE 'S at P 10 b •A• O Q , `lj 'E2 ' ! R 2.4AGcl :�v 16 O • 12 It 6. 1 � Pe •S S eP O •.�' ry00� rL b nE 'r FOR FCL.NO. �P � ND. 5 p TOWN OF SOUTHOLD L E.rw+r w IAr swmwrl w r !' O S 0 O�y1, , —- MESS ORA OTIIE11W6E ALL PROPERTIES NOTICE 1 E D� �e.r —��— SWlNlw=Aft ARE WITMIN THE FOLLOWING DISTRICTS `, __—_— ,l + i $V SCHOOL 2 Siren no MAINTENANCE,ALTERATKN,SALE OR }� E Ream I.r Ger �� ewe er.r. ® W ti 9 —_ IAM n WATER Pill 26 T OISTAMUTION OF ANY PORTON ff TIE L- N sna 9vr - sise errlrw 0 3 ryg Fo (Y —- PM a, � SUMOU K COUNTY TAX rM S PROHMEO Rrorm 23 ewe A— Ml AI O °$ -- AWAANCE WASTEWATER N11IOUT WRITTEN PERMISSION OF TIE _ cda"Nr �4c S I REAL PROPERTY TAX SERVICE AGENCY. b 793 . PC 91 _ I 313-S-id�2 SCREMLE "A" LEGAL DESCRIPTION ALL that certain plot, place or parcel of land, situate, lying and being In the Town of Southold, County of Suffolk, State of New York, bounded and described as follows: BEGINNING at the northeasterly Corner of the premises hereby ccnreyeds ,at a point on the southerly side of Main Road, at the northwesterly corner of lands formerly 0( Valukis and now of Porfiris: PAMINC THENCE south 2d degrees 03 minutes 40 seconds east along said land of Porfiris 133.33 feet: THZNM north 37 degrees 43 minutes 10 seconds• oast along $;,;,I land of POrflrls and Paterson 296,72-feet to band of Spinthour4kis: THENCE south 27 degrees 33 minutes 20 seconds east along syid land of Sp(nthourakia 146.30 feet to land of Richter: -Ilk TTiENCE south 27 degrees 21 minutes 20 seconds east along land% of Rlehter,King,Kattos,McLaughlin, Rogers and Dxenkowski 629.37 foot: THENCE north 37 degrees 33 minutes 40 seconds east along l:,nda of Dxenkowski 69.47 feet: THIENCE south 27 degrees 39 minutes 10 seconds oast 293.09 ft-et to land now Of formerly of Cardiners Bay Estates- Section 3: THiU= south 30 degrees 49 minutes 40 seconds west alo:tg +ui�l lands now or formerly of Cardiners Bay Estates- Section 3, 312.16 fret: TMV%= south 26 degrees 31 minutes 00 seconds oast 269.10 I.•rr to land now or formerly of GArdlnors Bay Estate-Section 2: THENCE south 64 degrees 03 minutes 30 seconds west along land now,or formerly of Cardiners 1?ay Estates- Section 2, 413.13 lett to the easterly line of a right of way known as "Cedar Lanvl" T1EMM north 23 degrees 16 minutes 20 Seconds west 406.41 (i•v:: THENCE north 26 degrees 03 minutes 30 seconds west 743.70 f.•.•t: THENCE north 60 degrees 40 minutes 30 seconds east 31b.33 fevi; tO'thQTHENCE north U degrees JO minutes 10 seconds west 333.10 f:.et right of way southerly side of Mala Read, the Inst four courses baing slol:g the sIAdtad rknown as "Cedar Lane" as it turns; THENCE north 32 degrees 33 minuses 30 seconi$ oast along t1,., southerly side of the Main Road 73.39 feet to tAe point or place of ,,,Areal containing eighteen ;nd seven hundred li(ty-fo BEGlM1JNG., Sald' ur Thousandths acre j,11.734) according to survey made by Roderick Van Tuyl(b, licensed surveyor, Greenport, -N--Y., April 26,198d�,ghrs,om se'Pr z6 -continued- I MMMM o A?aC�PT1NG Th Ili 1i1,1.C7 lN:;CESCRIAED "OUT PARCEL" ` jLd"3 -/ BEGINNING eta point on the southerly side of Main Road distant 621.43 fact easterly from the southeasterly corner of Main Road and Gillette drive which point is at the Intersection of the easterly side of a 30 feet private road with the southerly side of Main Road and thence running the following courses and distances to the point or place of BEGINNING: I. South 26 degrees 10 minutes 10 seconds east 335.10 feet 2. South 60 degrees 40 minutes 30 seconds west 316.38 feet 3. South 26 degrees 03 minutes 30 seconds east 628.83 feet 4. North 64 degrees 23 minutes 20 seconds east 319.43 feet to the point of beginning and from siad point of beginning. RLMNING THEME north 64 degrees 23 minutes 20 seconds cast 200 feet: THENCE south 23 degrees 36 minutes 40 seconds east 130 feet; THENCE south 64 degrees 23 minutes 20 seconds west 200 feet; THENCE north 23 degrees 36 minutes 40 seconds west 130 feet to the point or place of BEGINNING. SUBJECT to an easement for the purpose of ingress and agrees as a right of way over the following described 'but Parcel": BEGINNING at a point on the southerly side of Hain Road, distant 621.48 feet easterly from the southeasterly corner of Hain Road and Gillette Drive,which point is at the interesection of the easterly side of a 50 feet private road with the southerly aide of Hain Road and thence running the following courses and distances to the point or place of BEGINNING. 1. South 26 degrees 10 minutes 10 seconds East 335.10 feet; 2. South 60 degrees 40 minutes 30 seconds West 316.38 feet; 3. South 26 degrees 05 minutes 30 seconds East 628.83 feet to the point or place of BEGINNING. From said point of Beginning, running thence through "Parcel A", North 64 degrees 23 minutes 20 seconds East 319.43 feet to the southwesterly corner of the above—described "Out Parcel"; RUNNING THENCE along the southerly line of the 'but Parcel" South 25 degrees 36 minutes 40 seconds East 25 feet; RUNNING THENCE South 64 degrees 23 minutes 20 seconds West 319.22 feet to the easterly side of a 30 feet right of way known as "Cedar Lane"; RUNNING THENCE North 26 degrees 05 minutes 30 seconds West 25 feet to the point or place of BEGINNING. 2 R. T wo T DTZ fe. P T 1'n 7t O r 57, M7 Patricia C. Moore Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4663 Fax:(631)765-4643 March 10, 2005 Mr. Mark Terry Southold Town Planning Board L.S PO Box 1179 Southold,NY 11971 cam' RE: 1000-036.00-06.00-028.001till n\ 1000-079.00-04.00-017.017 1" Zo Dear Mr. Terry: Enclosed please find the recorded covenants and restrictions for above referenced parcels. If you have any questions, please do not hesitate to contact us. Very truly yours, u� Patricia C. Moore OL PCM/vc .- enclosures i. . J • r 0 11ttl1ltltl !tl!!l11J11 IIllilJlll lllllllJlt lJt1J111!!t Il 11111!lJtt! 111111t1tJ lt11 SUFFOLK COUn7y CLERK RECORDS OFFICE RRCORDING PAGE Type of Instruments umber of pages: 7 DELL ARATION/DOP Receipt Nua�er 04-006897 Recon 4 deds At; 06/17/2004 04:41:46 PM District; LIBER: 1000 Section: D00012925 DAG 036.00 Block; E: 724 Received theEXAMINED AND 06.00 Lot: Following Fees ForAbove CHARGED AS FOLLOWS 028.001 Page/Filing Instrument COE $21.00 Exempt TP-584 $5.00 No Handling Cert.Copies $0.00 NO NYS SRCHG $5.00 NOeunp SCTM $5.00 NO Notation $15.00 NO $0.00 NO RPT $0.00 NO $30.00 NO THIS PAGE IS A Fees Paid PART OF THE, THIS IS NOT A BILL INSTRUMENT $81.00 Edward P.Romaine County Clerk, Suffolk County Number of pages F ECORT E, TORRENS 004 juri 17 x!4:41:46 N-1 cdLlard P.Romaine Serial# CLEE'k. OF -UFFO_Y C14I11P,, Certificate# L 'o,0011 t`, 24 Prior CIE# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording!Filing Stamps 4 FEES � Page/Filing Fee 0? Mortgage Amt. Handling 5 �- 1 Basic Tax TP-584 2.Additional Tax Notation Sub Total EA-52 17(County) Sub Total / Spec./Assit. EA-5217(State) Or Spec./Add. RP T.S.A. TOT MTG.TAX Comm.of Ed. 500 Dual Town Dual County Field for Apportionment Affidavit + Transfer Tax Certified Co t py ��' �� Mansion Tax The property covered by this mortgage is or Reg.Copy will be improved by a one or two family i Sub Total 55 dwelling only Other f YES or NO GRAND TOTAL J If NO,see appropriate tax clause on page# of this instrument. °qm Real Property Tax Service Agency Verification 6 1COnununity Preservation Fund W7ions/Disch.rges/Releases Section Block Lot Consideration AmountIn CPF Tax DueImproved Vacant Land List Property Owners Mailing Addres TD RECORD&RETURN TO: TD pa ,e t C. I�fXh(Q TD '5i v2-o �u�1� �N`! ► �Q�l I 8 Title Company Information Co Name Title# 9 Suffolk County Recording & Endorsement Page "This page forms part of the attached G 0yf- -'Aa .2 InA ,� J16ttoy-►sem _made by: f 1 (SPECIFY TYPE OF INSTRUMENT) In M I C n a 1 rtit E!ti 1 f��. The premises herein is situated in SUFFOLK COUNTY,NEW YORK TO In the Township of �� 0y in FIT S l�yQ� In the VILLAGE or HAMLET of� V1OIn BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this/�day of004 by Michael Niamonitakis and Emanuel Niamonitakis residing at 111 Marine Ave e,Brooklyn,NY 11209,hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS,the DECLARANT is the owner of certain real property situate on the South side of the Main Road(N.Y.S. Route 25), Town of Southold, Suffolk County,New York,more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property); and WHEREAS,the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a set-off and lot line change, as shown on the Subdivision Map of "Michael Niamonitakis" prepared by Joseph A. Ingegno Land Surveyor, last dated August 2,2002 which will simultaneously be filed in the Office of the Suffolk County Clerk; and WHEREAS, for and in consideration of the granting of said approval,the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants and Restrictions be imposed on said lots 1 and 2, and 3, and as a condition of said approval, said Planning Board has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit,publish,covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property, their heirs,executors, administrators, legal representatives, distributees,successors and assigns,to wit: 1) There shall be no further subdivision of lot 3 in perpetuity, 2) The two building areas in Lot 1 with frontage along the Main Road(N.Y.S. Route 25) are part of Lot 1, and shall not be separated from Lot 1 in perpetuity, • 3) Lot owners 1 and 2 shall have a mutual non-exclusive,perpetual easement over and access across the common driveway,which is part of Lot 1, for the purpose of pedestrian and vehicular ingress, egress and regress, as well as to tie-into, flow through and use the utility services located on, over or under the common driveway, 4) Lot owners 1 and 2 shall be responsible for and pay equally for the work of extending, repairing and maintaining such common driveway from the entrance at Main Road (N.Y.S. Route 25). The use of the existing common driveway is limited to access and egress from Lots 1 and 2 of said subdivision and shall not provide access to any adjoining properties, and 5) Prior to issuance of any residential building permits on Lots 1 and 2,the 16 foot wide common driveway must be constructed. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, its successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended by the owner of the Property only with the written consent of the Town. If any section, subsection,paragraph, clause,phrase or provision of these covenants and restrictions shall,by a Court of competent jurisdiction,be adjudged illegal,unlawful, invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal,unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled,waived, changed,modified,terminated, revoked, annulled,or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS R F, DECLARANT above named have executed the foregoing instrument the ye t en above, By: Michael i onitaki By: Emanuel . iamloultakis STATE OF NEW YORK ) COUNTY OF SLJFFOLK ) SS: On this R day of,7d/y in the year 2004 before me,the undersigned,personally appeared'?;j/daP,a ftA"crsonally known to nae or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s) is(axe) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument,the individual(s),or the person upon behalf of which the individual(s) ctcd, execut!��a instrument. KOULA POLITIS Notary I: Aic,State of I!^w York P 050 191561 Notary Public • =Jin in Kings C t. Commission Expims Oct. 25, L9�`cw STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: On this /yd y of JI-6 in the year 2004 before me,the undersigned,personally appearedfmAq ,,4'1 P,,—;personally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose nattle(s)is(are)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her'/their capacity(ies),and that by his/her/flwir signature(s)on the instrument, the individual(s),or the person upon behalf of which the individual(s)acted, executed the instrument. Notary Pub is KOULA POLITIS Notary 'ic,State of w York iPO50195 in Kings C i Commiss, Oct. 25, 1� Schedule "A" ALL that certain plot,piece or parcel of land, situate,lying and being in the Town of Southold,County of Suffolk, State of New York,bounded and described as follows: BEGINNING at a point on the southeasterly side of Main Road(N.Y.S.Route 25)distant 621.48 feet Northeasterly from the comer formed'by the intersection of the northeasterly side of Gillette Drive with the Southeasterly side of Main Road; RUNNING THENCE North 39 degrees 16 minutes 18 seconds East along the southeasterly side of Main Road, 73.39 feet; THENCE South 41 degrees 44 minutes 52 seconds East, 133.35 feet; THENCE North 44 degrees 03 minutes 58 seconds East,296.72 feet; THENCE South 41 degrees 17 minutes 32 seconds East, 146.30 feet; THENCE South 41 degrees 00 minutes 32 seconds East,630.01 feet; THENCE north 43 degrees 54 minutes 28 seconds East,69.48 feet; THENCE South 41 degrees 15 minutes 22 seconds East,293.08 feet; THENCE South 37 degrees 10 minutes 28 seconds West, 382.16 feet; THENCE South 40 degrees 30 minutes 12 seconds East,269.30 feet,to the northwesterly side of Dog Wood Lane; THENCE South 50 degrees 26 minutes 38 seconds West,418.88 feet to the northeasterly side of Cedar Lane; THENCE along the northeasterly side of Cedar Lane the following two(2) courses and distances: 1. North 38 degrees 55 minutes 32 seconds West,406.48 feet; 2. North 39 degrees 44 minutes 42 seconds West, 743.70 feet; THENCE North 47 degrees 01 minute 18 seconds East, 316.38 feet; THENCE North 39 degrees 49 minutes 22 seconds West 335.10 o the southeasterly Side of Main Road,the point or place of BEGINNING. EXCEPTING so much of the premises known as District 1000, Section 031.00,Block'06.00 and Lot 029.000: ALL that certain plot,piece or parcel of land, situate, lying and being at East Marion,Town of Southold, County of Suffolk and State of New York, bounded and described as follows: BEGINNING at the westerly corner of the subject premises,said beginning point also being located the following four(4)courses and distances from the corner formed by the intersection along the southeasterly side of Main Road with the northeasterly side of a private road: 1. South 26 degrees 10 minutes 10 seconds East, 335.10 feet; 2. South 60 degrees 40 minutes 30 seconds West, 316.38 feet; 3. South 26 degrees 05 minutes 30 seconds East, 628.83 feet; 4. North 64 degrees 23 minutes 20 seconds East,319.43 feet to the point of beginning; RUNNING THENCE North 64 degrees 23 minutes 20 seconds East,200 feet; THENCE South 25 degrees 36 minutes 40 seconds East, 150 feet; THENCE South 64 degrees 23 minutes 20 seconds West,200 feet; THENCE North 25 degrees 36 minutes 40 seconds West, 150 feet to the point or place of BEGINNING. TOGETHER with a right of way for egress and ingress over lands now or formerly of Jean Schneider and/or James W.Kent which right of way is fully described in schedule "B" annexed hereto and made a part hereof. TOGETHER with all right,title and interest,if any,of the of the seller and any further rights of way to pass and repass for street purposes over all streets on a certain map entitled"Map of Section Two Gardinees Bay Estates Situate at East Marion, Long Island" and filed in the Office of the Clerk of the County of Suffolk on September 23, 1927 under no. 275, including "the paths" leading to the beach. TOGETHER with the right, if any to use the beach lying between Spring Pond and the Bay and Old Orchard Lane and the Channel marked upon the said map as 'Beach For Use of Lot owners" for bathing and similar purposes and together with a right of way, if any over Old Orchard Land and over the beach to said waters, such right to be in common with other persons to whom such rights may have previously been granted. ALL of the aforementioned rights, titles and interest, if any are subject to all covenants of restriction to the e ave V=n subject. - - SCHEDULE"B" THAT certain plot,piece or parcel of land,fully described in Schedule"A" is granted an easement for the purpose of ingress and egress as a right of way over an abutting parcel of land now or formerly of"Kent" and that easement is described as follows: .BEGINNING at a point that is the following three courses from the northwesterly corner of lot number "' on the map of Gardner Bay Estates, Section 3,: 1. North 26 degrees 51 minutes 00 seconds West, 100 feet; 2. South 64 degrees 23 minutes 20 seconds West,90 feet; 3. North 25 degrees 36 minutes 40 seconds West, 125 feet to said point of beginning; RUNNING THENCE through"Parcel "A", South 64 degrees 23 minutes 20 seconds West, 319.43 feet to the easterly line of a 30 foot-wide private road; THENCE along said easterly line North 26 degrees 05 minutes 30 seconds West, 25 feet; THENCE along through Parcel "A"North 64 degrees 23 minutes 20 seconds East, 319.543 feet to land now or formerly of"Kent"; THENCE along-the westerly line of said land of"Kent", South 25 degrees 36 minutes 40 seconds East, 25.0 feet to the point of BEGINNING. J K �y� �*'a• h ♦ 6 °� �' `�• ti f 15.6A to R d 0-0 A' ti• FOR PCI..N0. �� ♦ [,, ,9, �, tip -013 SEE ES .N3 EE SEC E 5.3 'S .3 6 LLA tib s.� e °D L2A 5.7S.5 a AyJ A 1♦ a vti '�,° tip ti 1 R e0 5.6 5.6 �1 �, ♦ .p ti♦ o 5.10 a tib MA v lea O I 1 v \ CJI '• ti9 rqi y rbtia�G � � ,e,'r $' 'i .� ♦ til c ti♦`` i e � � tib 1 vti♦ ` \ ti OPEN SPACE ti ',• 7% Y % 1.2 11 n 1 L �f Q'•' S3 i FOR PCL.N0. 'P' t/� ♦ ,{. %v SEE SEC.Na y�� vtip d�' M1 ✓ TOWN OF SOUTNOLD ,, t, s Ac tie P 3 O d A�' ti ✓ � r d A r a �j. � � AcB to i 1 SEE SEC. 4 6v ° , 2 % % P � � tia to d ti 10.6 �tiy r got fi d _ 10.5 n o 4�A c9� o n►Q ��.J ►��. KEY MAP SCALE 1"=600' 7 + V EE MAL u,AKS Loll 2 1.2u for i .-M M w tO ft AOMMM AM #00.*ft ———-------- tu wr rain PLAN HAS MEN APP OCT TOWN OF SOUTHMD OY RESOLUMN TO CT ROVED PPROVAL DATED CHAIRMAN PUNNING BOARD I HEREBY T THS WAS MADE Er, ACTUAL,S COMPLETED IUL CONCRETE 0 THUS: HEREON ACTUALLY EIOST AND ARE CORRECTLY SHOWN AND GEODETIC DIMMIONAL 4 CORRECT. TA m Not or Of WAYS AND/OR EAS or CO ANY NOT O."Ai IF APPROVED By PLAWNG MARn m i luoo8 uluuaw 101 P1"noS Z N A P 0001 :#Puos :s�uaunuo� :13oCgnS Y�5 1nY)l n :iapuas .iana7.ranoj n;noyllAl uoisslwgnS t 11111111 IIII IIIII IIIII IIIII N111 IIIII VIII ILII IIII IIII 1111111 IIIII IIIII IIII 1111 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of instrument: DECLARATION/DOP Recorded: 06/17/2004 Number of Pages: 7 At: 04:41:46 PM Receipt Number : 04-0068974 LIBER: D00012325 District: Section: Block: PAGE: Lot: 724 1000 036.00 06.00 028.001 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $21.00 NO Handling $5.00 NO COE $5.00 NO NYS SRCHG $15.00 NO TP-584 $0.00 NO Notation $0. 00 NO Cert.Copies $5.00 NO RPT $30.00 NO SCTM $0.00 NO Fees Paid $81.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL Edward P.Romaine County Clerk, Suffolk County [z Number of pages PECOPGEC- TORRENS 004 Tjr. 17 04:41.46 Fm Edoard P.F:umaine CLEPI OF Serial# IFFnLi. C.OUiiTr Certificate# F 74 Prior Ctf.# Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee -� Mortgage Amt. Handling L Basic Tax TP-584 2.Additional Tax Notation Sub Total EA-52 17(County) Sub Total / Spec./Assit. EA-5217(State) Or � Spec./Add. R.P.T.S.A. "- TOT MTG.TAX Comm.of Ed. 5 O Dual Town Dual County � Heid for Apportionment Affidavit + �+ Transfer Tax "G}%�� Mansion Tax ertitied Copy The property covered by this mortgage is or Reg.Copy will be improved by a one or two family Sub Total 55dwelling only. Other / / YES or NO GRAND TOTAL if NO,see appropriate tax clause on page# of this instrument. 5,<t7%. Real Property Tax Service AgencyVerification 6 Community Preservation Fund euro Dist. Section B lock Lot Consideration Amount$ Q CPF Tax Due $ Improved Initial Vacant Land 7 Satisfactions/Discharges/Releases List Property Owners Mailing Addres TD RECORD&RETURN TO: TD POA"CL0, C' I�/k fe TD '51 o20 Pka V N`l Ilagl 8 Title Company Information Co.Name Title# Suffolk Coun Recordin & Endorsement Page This page forms part of the attached GOvrv�ae wf s � Q n_ ice` made by: 1 . (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK TO In the Township of 60 - &"4 yN CX 4� �� In the VILLAGE or HAMLET of ��A�� BOXES 5 THRU 9 MUST BE TYPED OR PRIN TTED IN$L ACK INK ONLY PRIOR TO RECORDING OR FILING. (OVER) C2 3 Number of pages RECORDED TORRENS 2004 Jun 1' 04:411:46 PM Edwyrd P.Foriiainc Serial At CLERK OF UFFOLK COIJI-IT'%' Certificate# L DOOO!2325 P '''4 Prior Ctf.# Deed/Mortgage instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 4 FEES Page/Filing Fee _I Mortgage Amt. Handling �i 1 Basic Tax TP-584 2.Additional Tax Notation Sub Total EA-52 17(County) Sub Total Z / Spee./Assn EA-5217(State) Or Spec./Add. RP.T.S.A. TOT.MTG.TAX Comm.of Ed. 50 ar Dual Town Dual County A Affidavit Held for Apportionment • • Transfer Tax citified Co �� P � � Mansion Tax The property covered by this mortgage is or Reg.Copy will be improved by a one or two family Other Sub Total dwelling only / YES or NO GRAND TOTAL If NO,see appropriate tax clause on page# of this instrument. Real Property Tax Service Agency, tion 6 Community Preservation Fund a��t 1Dist Section Block Lot Consideration Amount$ ��yi 1 i CPF Tax Due E Improved Initis Vacant Land Satisfactions/Discharges/Releases List Property Owners Mailing Addres RECORD&RETURN TO: TD 1� TD. 1'a �CtcQ, C 11/IU�JQ TD 5102-0 Nkciln {2 Q s Title Company Information Co,Name Title# Suffolk Colmty Recording & Endorsement Page This page fonts part of the attached GDye via .-I- Q —fir /-t4�;Ov-!5 made by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY,NEW YORK /+ TO In the Township of l ts—I^ tic &lti.6&d cL _ In the V1 LLAGE or HAMLET of yit • BOXES 5 THRU 9 MUST BE TYPED OR PRINTED IN BLACK INK ONLY P#IOR TO RECORDING OR FILING. (OVER) PATRICIA C. MOORE O Attorney at Law D 51020 Main Road Southold,New York 11971-4616 JUN 1 4 2004 Tel:(631) 765-4330 Fax: (631) 765-4643 Southold Town Plaroing RrinM June 10, 2004 Town of Southold Planning Department 53095 Main Road P.O. Box Southold, NY 11971 RE: Niamonitakis set off Dear Ladies/Gentlemen: Enclosed please find my client' s check in the sum of $5, 000 .00 payable to "Town of Southold" for the park and playground fee. If you have any questions, or need anything else, please do not hesitate to contact me. Thank you. Very truly yours, POJ h-( C Ca C./)�1/v/c P Patricia C. Moore PCM mr Enc. i NYSDOT REGION 10 2004 US Open June 14 to 21 LANE CLOSURE EMBARGO Iwork SDOT has imposed a lane closure embargo for all active permits and contracts schedule during the period of June 14 to June 21,2004. d to No Lane Closings will be allowed during this period from 4am to 1Opm on the following routes: Suffolk County I-495, SR 25-CR 105 East to Orient Point, SR 24, SR 27-Robert Moses Ca usewa East to Montauk Point, SR 112, SR 25A-In the Village of Port Jefferson, SR 454, SR 347-Northern State Parkway to 347/454 split,Northern State Parkway, Southern State Parkway, Sagtikos Parkway. Nassau County: 1-495, SR 27,SR I35,Northern State Parkway, Southern State Parkway, Meadowbrook Parkway, Wantagh Parkway. Submission Without a Cover Letter Sender: _ ULA-0 Ow Subject: N a vr,oY7 tto( LcS JUN -9 SCTM#: 1000- ''j I $'� 1 Southold Town Planning Board Date: ° oL� Comments: � �" tJ t CU-L� C4 ee 4 w d 'PERM 41-id 141881 • NOD OF PERFORMING WORK I. GENERAL CONDITIONS WITHIN THE STATE HIGHWAY RIGHT OF WAY These tom"O's mud reputations apply to Highway Work Permits authorizing work within the Stets highway*I.af.way to,water mains,pas mains,is l mea ere and mlanlmmey structural. Sneerer candido apply to telephone and telegraph ilstalaliere es wet a Pacific conditions on the setting end re ettirq of palms.Those conditorq,end my spedsl conditbne cohort added to this form,ere enforceable by the Department of Tfumportmion. A. TIME I. Work under IM permit$hp be commenced within thirty 130)days from the date of permit issuance unless a later starting data is approved by the Regional Traffic Engium. B. REQUIREMENTS AN the commit re tuirmunu of the following Ad apply;Oceupoid"Safety and Hui Administration,Fedwel DepenmaM of Labor,Safety and Haahb Standards 121)CFR 1926118101: PM 131,Title 17,New York Code of Rites and Rpabtions,Accer"minion of Utilities Within State Right-of-Woy,Now York State Department of Labor,Inagtrial Code Rule 23,Protection of Persons Employed in Constriction and Om clition Work Industrial Code Auto 53,Constiuctlen,Excavation and Demaftion Opwnicm At Or Near Underground Fadlhiu. Temporary sol erosion end water pollution controb shd be used n required.The final decision on the method of underground installation will ho made by the Regiond Director Of him reprasntaths. 1. Work Within Pavement and Shoulder Areas L IrAiddiom that crop the paeasum sM shoulder aro,Wherein practical,IN underground installations AIR be placed benuth the pavement and dmNw area without disturbance to thea paved surfaces, 1) Buis Jacking,and Toweling Methods DESIGN a) The location Of d acavatlens Gadtkq Pita,eta)shall be shown in plan and ptofll. bl The sit profile and psundwnaf conditions Ad be determined by edequato aubaurfece esploration. cl This lecstion of IN other @ting uliilin Ad be shown. III The construction,mmipmant and procedures to be used than be described in the permit appintian. I) The design of IN"Medium,induft graund and surface water control whom nscassery,Ad be made available for review by do Department. 11 The wWwgrarrnd•iraldaliorl shit be described in dell,i.e.site,length,depth,materir,provisions for grating,etc III Pipes sell lady ie.ndaeed in saves or urger,pipes,Sind diestaler services 12 Inch I.D.at mow may be plarad wHnoat akrw:q It the discretion of N.Y.S.D.O.T. h) The limits of an open escavatiea shag not be dam tbes 10 feet to the Am of the parermM unless approved by the DeparunsVL Open sscavatiau gulf bs prwIdmI with the roquirad comseb for safety and IN the maintenance and protection of traffic in accordance with the New Yak State Department of Transporter tion,MNW of Uniform Traffic Control Devices. CONSTRUCTION aI Grouting operations may be requkad H surface settlement,loss of soil or voids around the pipe develop.When(pour it required,it than consist of 1 part cement to 2 pails send,by volume.and sufficient well ra produce a consittancy suitable for 0864 the grout. b) Backfill of open excavations Ask he as required under 2.1 tl Open Excavation Method. 21 Open Excalation Method DESIGN e) The location of d Pavement crossing by the open esuvalion method shag be shown in plan and profile. b) The roll profile and grovadwates condition Ad be determined by adequate eubaurleca upforation. cl The location of ag other existing uti'ities Ad be dawn. III The design of ag excavations,inckd'aq proud and surface water control where necessary,Ad be made aysiahle for review by the DePartnanl. ' al Whom tequestd,the 9"n Klin equipment and pmcsdu(es to be used shall be described in its permit applicatlsa 1) Pipe frnstal11tiern Ad be done accordkq to the requfrwnenra of she pP100611 New York State Depanown of Transportation's Standard Sleets.The raquked grams"'matarir shall lest IM material requkerrerts for Select Granular FAI in the current Now York Slab Department of Trmuportedorn's Standard Specifications including addsnde.Exairl""wi only be,lowed if prig approval is granted by the Regionr Sods Enpinm. 111 Pavement Ad he saw cut It twmnstbn points of pavement replacement. CONSTRUCTION al Pareetant and shoulder removal shop be done in a manner nut provides lot proper restoration Of The replacemnt section.Straight,vertical cuts of the pamnant will be raquired.Paver or surfaces that become uds mired Alp he cut back and removed Alternative repair metheds may be uesd if pier Approval I granted bl The Section merarir shit k,plated andcompactedD ed tmentwc"dcop Io the romsrwnants for backfillrq structures,endvertt,pipes,conduits end Bract Insist able described in Section 200,Earthwork,Now Yak Stats Deperkreat of Tremportation't Spocifeatione,knciu ming addondo. cl Garewsly,cute Aid be filed at the and of each working day.With prior approval,teed cover plates may be sed.Recusing of these plates may be requred. dl TamWIfY Pesenerns cod shoulders shag be pond as con a a crossover installation Is eompbtsd. b. Installation that we longitudinal to the pavement. 11 Opn Excavation Method DESIGN it The location of al open excavations Ad be shown in pill and profile. bl The vol Profile rad grnwdweter conditions Ad be determined by adaituale subsurface,expbnwion. c) The design of d axcwttiws,including grovsd and surface water control where acuatry,"I be made Available for review by the Departnand. III The location of ON other existing udkin slug be Shown. e) P'qe insldwiws shag be done according to the tequfri man(11 of the eppropriats New York State Department of Transportation's Standard Shuts.The required prenulw material shit meet the mstwiat squirwnms for Sleet Granular Fill in the cwrarrt New York Stme Department of TraaAppriationS Statderd Specifications, including addenda Exceptions will only ba lowed R prior approver is granted by the Regional Sella Enginesr. CONSTRUCTION a) Pavaneot wd shoulder removal shag be done in a manor that provides for proper restoration of the repimmant uctiwL Straight,vertical cute al ere pavement will be foQ fired.Pavia tar snrfacae that become undermined Ad be cut beck and romovad.Att~ive raplsir rathoda may be Out prior epproml is Weeted. b) The bodifN material shit be placed and aill agad according to the raquiterments for backfilling alructwet,cdvarle pipes,cordrdts ah,direst burin cahb described in Section 200,EerMvmk Now York Stets Department of Trensportwion's Specifications,including Iddewda cl Gwmraly,cuts she#be field It the and of each working day.With prior approval,tied cover pbtu tiny N used. dl Permanent w temporary pevemers snag be placed immediately es sections of the 101111 installation are +Aq of thea�es�Y loin wed. eras may be used if prior approver is granted. tarnplaled la sabhese elevation.Gravel serfaees b shoulder 2) Owing,Jacking,and Trrnaeinq Methods DESIGN a) AN the requirements of B.1.1.1.)DESIGN a)through gl slid apply. CONSTRUCTION of Al the rNflukemnts of 9.1 a.1.1 CONSTRUCTION a)and bi shit apply. bl Gpa axtevat10111 All be protected with the required controls for safely and fo the maintenance cod protection of traffic in accordance with the New York Slate Dep stnent of Transportation,Maner of Uniform Traffic Control o0ea. c) the rtqudrteeaes 0f 8.1.b.1.)CONSTRUCTION dl shop apply, Work O 2. wsds the Pnement eh,Shoulder Abu a. Opti Excmtlen Method DESIGN e) AN the mptkaresnts of B.I.0.1.)DESIGN shag apply. b) Operon ucavotions Ad be protacbd with the regwlsd control fon ufatY and for the maintensnce and protactlan of traffic in accordance with the New York Stab Department of TrujiWaaoa,Medd of Uniform Traffic Control Devices. CONSTRUCTION at The teddi mabrir sbag ho pacer Madcomputeded according b ere regakwnnte tau WckfUN alsectues,arab,Pipe,coadleits cod direst buiel cable daambad in 8ettiow 2DQ Ertkrvork New York Sem DAperteern of Trampartsfien's Speu9fcetiarle,factual adderdL t PON 33m(1/97) 9 OF NEW Y K DEPARTMENT OF TRANSPORTATION HIGHWAY WORK PERMIT APPLICATION FOR NON-UTILITY WORK pho PARE s C depta XAPPNcation hl buss �oPies�Ptable) for a highway work permit: Naf118 For Joint application,name and addreq of Second APP! ` �(l VName kaM bele Address X Add 100 �r X City 2�5 4'� State Address �21� i( 7 sty Federal I.D.No.orSocial Security No. State Applicant Telephone No. i 3 S , ' ;lrc °" : ��p�` eY rer�,..,!�.,�.t rt�dc•.{7�'S;x:.dfi'� q contact person In case of emergericyShy) '' "• .;;,rr'"r,,r i �• k ,° � r� :'7 `'x, a'�t°a. ;�.,;"°°• rte• Vii' �'�•° f�� lj�y! 1 �Telephone .ot0pntactperson � 1 c) � �Ci`�T1q °r.,•_.._„�yP4,ts =,: � �' �� ..•y; m z;*e",,'"r�. m „ear:: ^',,,d,� f. RETURN PERMIT T0: above ... ...-.,. :.z•.•w,:,; °;r.;e:,aea�E,'rrre OF DEPOSIT/80ND TO:( k, Name RETURN �a�PMG only M dtff«ent trorg pgrnygM) Name Address Address city state zip Z city Q 1. Estimated cost of work ^g Performed State, ed!n state highway rightol-way s Cx2• Anticipated duration of work: From !hti---��,19 ,to appy to the 3. Protective Liability Insurance covered by Poky No. oPerabon(s)checked on the reverse side. r 4. A$20°00 fee wti be charged for checks returned b Z y the bank. expires on ccPROPOSED WORK(Brief description): ATTACHED: Plans —�� SPecifications LOCATION; Stale Route between Reference Marker State Highway�y�` and Reference Marker Town of: SEAR REOUIREME County of: NTS:(Check appropriate Item) Exerrhpt Ministerial Type II � EIS or DEfS Lead Agency If Project I$Identified to be ministerial,exempt,or TYPE it,no further action is regkrred• 8 Protect is determined to be terA el,exempt,or TYPE II,rete►to M .P.7.12-2, Acceptance of the ogled o Appendix A SEQA REQUIREMENTS .Y subjects the Pe ea to the restrictions FOR HIGtiWgy VV0 v` AppNcant Signature”, re9ulatlona and obligati statod on tMg RK PERMITS. application and on the Date pennlL Second Applicant Signature 19 Date 19 •'� �•teas ”� .y�,,�.r.',..i�1,�:;%e'%��"tee" .�.�,-r•:i. ,:£;'�'{!,.�a'{„!.S.�S:.e'�eR 3 Y`�.ef � ';_fr.,;•�l.;.ni�•'"�ti„•, r r ;,,,. � �'tk,. .:A",�.:., .b•:..° •� rl;,r� .•I' 9.,1.P;:'��„p,"r?”:2 tle.-h'2j„`,.•..'3 irfN:99! =I ,��'°"r•4c,p,; t,iia,t..N•+..`•:'a"� �.. C v�'�'i31.°. j ,Y-•"ria:. 'd7+.�'i"S-e.. r- �.i+�P� :^^; .n,. •.�'<.'r... 'e.: °,rri rw[e" t�.,�.. ,°ue°a..v, ,y • '!ye-;iRr3'^' :.':;y;zk_fi eZ•,e��¢`''��r•""Y•°',°a �,^. P '!n,±.�ewv,°rgM%�,,. IT. '9 .d.it%:r�.1F,tY'r,.,.7.,.l,•.,,.P �f•,y'',r�i'eve'• ''r",'. ERMtTISISSU.., t. , ,i�°.. •,� �•.r°_�°"'`',t.i`;:,`;:a,:'e,::-„, a�;: �?t'?�^V`.;' r,r.�`,q�.�•wc' ED CONTINGENT ON'.:•,�'" .„ ".. ..„ , ':,:, ;nr ,5�yi� ,rr:r. r"^=' r.nrr +e,i:'•a;�,.v�•ye' •.,T REQUIREMENTS BEING SATISFIED . � ?d, �.." �.;Y• ° , Adlbk CHEC RATION itir�17 ToW Amount T Undw orMntlrt�lta 6. Sing job-permit issued for each job aamm . rfv ay or roadways ' 1. .Residential 1 $ 15 $ 25 2. r '` , wa r4eaz O Commercial-Minor 550 175 a.0 Home Business 100 75 3. 0 Commercial-Major-(Less than 100,000 square feet Gross Building Area) 1400 N/A 4. O Commercial-Major-(100,000 square feet Gross AmW cm with N/A Building Area and Greater) MAIM of$2000 5. O Subdivision Street Pam 900 N/A 6. ❑Tem Temporary access road or street 200 b. 0 Improvement 150 1. ❑Residential 2. 15 25 O Commercial `` Check additional description below: a.O Install sidewalk,curb paving,stabilized shoulder, 200 150 drainage,etc. b.❑ Grade,seed,Improve land contour,clear land of 100 75 brush,etc. ; c. 0 Resurface existing roadway or driveway so —f ;•. 1 d.0 Annual resurfacing of residential and commercial roadways or driveways. 1. O Per County ISO WA 2. ❑ Per Region s 400 WA c. 0 Tree Work 1. ❑Residential 15 25 ...p„ 2. 0 Commercial(not required for pruning if utility has annual25 50 maintenance permit) 'e'` y' Check additional description below: Q` a.O Removal or planting Z b.0 Pruning, applying chemicals to stumps, etc. d. 0 Miscellaneous Construction 1. ❑Beautifying ROW-(for Civic Groups only) NC 25 2. 0 Temporary signs,banners,holiday decorations a.❑ Not-for-profit organizations NC 25 b.O Organizations other than not-for-profit 25 25 « e :''`" 3. O Traffic controlsignals ' 500 175 4. ❑Warning and entrance signs 25 5o 5. ❑Miscellaneous-Requiring substantial review 400 175 6. 0 Miscellaneous = ' 25 50 6. ❑Encroachment caused by D.O.T.acquisition of property 25 50 7. ❑Compulsory permit required for work performed at the request of D.O.T ` a: 6�- a. ❑Building demolition or moving requested by D.O.T. NC 25 1. 0 Demolition 2.O Moving °%tet i b. ❑Improvement to meet Department standardsNC 25 8. O Miscellaneous25 25 qa = r Adopt a Highway NC N/A Guarantee Deposit Check Number or Bond Number REVERSE May 07 04 02: 528 Mc ice 6317E p. 2 1, Michael Niamonitakis, hereby authorize Serge Rozenav, hisgents associated on his behalf, to obtain and any all permits related to theired by the New York State Department of Transportation located at 754n,NY. Mi STATE OF NEW YORK ) ss.. COUNTY OF L- &3C-j�r- ) On the day of May, 2004,before me,the undersigned,a notary public to and for said State,personally appeared Michael Nianionitakis,personally known to me or proved to me on the bans of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual,or the person upon behalf of which the individual acted,executed the instrument. ubltc GEORGE P.GEORGAKLIS Notary Public, State of New York No. 02GE6033783 Qualified In Kings County Commission Expires January 3, 20-Q;::- I PLANNING BOARD MEMBERS UFF01,� JERILYN B.WOODHOUSF �0� CSG P.O. Box 1179 Chair0 y� Town Hall,53095 State Route 25 y Southold, New York 11971-0959 RICHARD CAGGIANOy • '� Telephone(631) 765-1938 WILLIAM J.CREMERS KENNETH L.EDWARDS Fax(631) 765-3136 MARTIN H.SIDOR �0� O PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 13, 2004 Ms. Marian Sumner c/o Peconic Land Trust P.O. Box 1776 296 Hampton Road Southampton, NY 11969 Re: Proposed Set-off& Lot Line Change for Michael Niamonitakis Located on the south side of Main Road, East Marion SCTM#s1000-31-6-28.1 and 29 Zone R-40 Dear Ms. Sumner: The following resolution was adopted at a meeting of the Southold Town Planning Board on Monday, April 12, 2004:11 WHEREAS, this propc�sed set-off is to set off a 1.253 acre lot from an 18.756 acre parcel; arrd WHEREAS, this proposed lot line change between M. Niamonitakis and R. Ross is to subtract 2.524 acres from the 18.756 acre parcel and to merge it with an existing 0.688 acre lot, resulting in one 3.212 acre lot and the remaining area which is part of the set-off application; and WHEREAS, the Development Rights will be purchased by the County on approximately 12.9 acres of the 18.756 acre lot; therefore BE IT RESOLVED that the Planning Board grant a retroactive extension of conditional final approval effective from December 14, 2003 to June 14,2004. Please contact this office if you have any questions regarding the above. Very truly yours, Jerilyn Woodhouse Chairperson cc: Land Preservation Department y� 1 LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P O.BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO 631-249-9484 July 25, 2005 REr�'A1r r) Town of Southold Zoning Board of Appeals JUL � 7 0005 53095 Main Road, Post Office Box 1179 Southold,New York 11971 zONiNGOARO OF APPEALS Re: Rozenbaum, Serge and Susan Farmstand Variance S/E corner of Main Road and Cedar Lane, East Marion,New York SCTM# 1000-31-6-28.1 Appeal No. 5691 Ladies and Gentlemen: We enclose seven sets of the floor plans and building elevation Veryul yours, - 30/shdzbava bigail A. Wickham enc! AAWljt 04/26/2.005 00:01 6312040711 PECONIC LAND TRUST PAGE 02 PECONIC LAND TRUST RECEIVED JUL 2 7 2005 ZONING BOAmn OF APPEALS April 26, 2005 Abigail Wickham, Esq. l 0315 .M„aiu Road PO Box 1424 Mattituck,NY 11952 Re: Niamonitakis Set-Off&Lot Line Modification Plan SCTM#'s: 1000-31-6-28.1 &29 Dear Ms. Wickham: Per our discussion today, the following is meant to clarify the above-referenced plan. The final concept plan for the above-referenced project was based on our review of playa configurations with the Southold Planning Board. Specifically, the approximately 0.18 acre portion of Lot 1 along Main Road was held out of the sale of development rights for use as a potential farm stand. According,the Town approved Road and Drainage Flan and NYS Department of Transportation approved Curb Cut Plan were both designed with that use in mind. This, however,does not preclude the landowner from seeking approval of farm-.related structures elsewhere on the property from the Suffolk County Farmland Committee. Sincerely', Marian P. Sumner Director of Conservation Programs - 4 296 HAMPTON RO.4.7)1 POST OFFICE BOX 17761 SOUTHAMPTON NEW YORK 119691 PHO N_R (639)283-31951 FARC (631)283-4235 wwupeconici an dmi$t,orrg 0 o� 4 co�.�- � odpi C-wly d��t f ns t . THIS AGREEMENT, made this 79 day of �v ,Two Thousand One; BETWEEN MICHAEL NIAMONITAI,'IS and EMANUEL NEAMONITAKIS, 111 Marine Avenue, Brooklyn,New York 11209,hereinafter described as the SELLERS, and the COUNTY OF SUFFOLK,a municipal corporation,having its principal offices at County Center,Riverhead,New York,hereinafter described as the PURCHASER, - WITNESSETH, that the SELLERS agree to sell and convey,and the PURCHASER agrees to purchase, as authorized by Chapter S of the Suffolk County Code,and in accordance with Resolution NTo.285-1981,as amended, and Resolution No. 1201-2000 of the Suffolk County Legislature,on file with the Clerk of the Suffolk County Legislature,the Development Rights,as hereinafter defined,in all that certain plot,piece or parcel of land,situate,lying and being in the Town of Southold, County of Suffolk and State of New York,more particularly bounded and described as set forth in the description annexed hereto as Exhibit"G". 1. Development Rights,as authorized by$247 of the New York State General Municipal Law,as amended,shall mean the permanent legal interest and right to permit,require or restrict the use of the premises exclusively for agricultural production as that term is defined in Chapter 8 of the Suffolk County Code,as amended,and the right-to.preserve open space as that term is defined in§247 of the General Municipal Law as amended,and the right to prohibit or restrict the use of the premises for any purposes other than agricultural production or to subdivide same. By the sale of such development rights and interest,the SELLERS shall be deemed to have covenanted and agreed that the SELLERS,and the heirs,legal representatives, successors and assigns of the SELLERS,shall only use the premises on and after the date of delivery of the instrument of conveyance to the County.of Suffolk for the purpose of such agricultural production. Such covenant shall run with the-land in perpetuity. The provisions of this paragraph shall survive the delivery of the instrument of conveyance. 2. The SELLERS acknowledge that by the terms of this contract and the declarations in the deed,that it has been informed that neither the SELLERS,nor their heirs,successors in interest,successors in title or assignees shall be permitted to remove soil fronn the property to be covered by these development rights. The representation is intended to also serve as a covenant running forever with the laud in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of this conveyance. 3. The power and purpose of the PURCHASER is limited to acquiring the Development Rights in land presently used or suitable.for agricultural production and the PURCHASER reserves the right,upon obtaining a survey and inspecting the premises in relation thereto,to hold a public hearing on said purchase and acquisition, and thereafter,either cancel this agreement if the premises are not entirely used or suitable for agricultural production or to accept that portion of the premises which is suitable for agricultural production,as herein defined, in which case the price will be adjusted in proportion to the area deemed suitable using the unit price as herein set forth. . 1 thereby by all its terms, provisions and conditions as they now exist and as they may be in the future amended. This covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement. 30. If two or more persons constitute either the SELLER or the PURCHASER, the word "SELLER"or the word"PURCHASER"shall be construed as if it read"SELLERS"or "PURCHASERS"whenever the sense of this agreement so requires. 31. It is understood and agreed by and betwcen the parties to this contract that the SELLERS have retained or will retain certain portions of their property and.exclude said portions from this sale to the County of Suffolk. That by reason thereof,the SELLERS do hereby further covenant and agree that n"plication for the erection of a residential dwelling will be made to the PURCHASER as to those areas not retained by the SELLERS and the subject of the development rights,by himself or his heirs,successors or assigns. Said covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement. IN WITNESS WHEREOF,this agreement has ibeen duly executed by the parties hereto the day and year first above written. fLN PRESENCE OF: COUNTY OF SUFFOLK L.S. By: ERIC A.K P NI S Chief Deputy County Executive ep EMANUEL NEAMONITAKIS Approved as to form,not reviewed as to execution: ROBERT J.CIMINO Suffolk County Attorney AP ED: 4y;D—'A-V-[ ID P.FISHBE By: ALLAN D.GItCCO Bureau Chief Division Director Real Estate/Condemnation Bureau Division of Real Estate Department of Law Department of Planning HARe tY W m%.%1SVTannbn&K Niamonihkk m COS i 2-0I.doe DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this/- day of 004 by Michael Niamonitakis and Emanuel Niamonitakis residing at 111 Marine Ave e, Brooklyn,NY 11209,hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS,the DECLARANT is the owner of certain real property situate on the South side of the Main Road(N.Y.S.Route 25), Town of Southold, Suffolk County,New York,more particularly bounded and described in Schedule"A" attached hereto(hereinafter referred to as the Property);.and WHEREAS,the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a set-off and lot line change, as shown on the Subdivision Map of "Michael Niamonitakis" prepared by Joseph A. Ingegno Land Surveyor, last dated August 2,2002 which will simultaneously be filed in the Office of the. Suffolk County Clerk; and WHEREAS, for and in consideration o#fhe granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants an�;cestrictions be imposed on said lots 1 and 2,and 3, and as a condition of said approval./said Planning Board has required that the within Declaration be recorded in the Suffolk County;Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW,THEREFORE,THIS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property,their heirs, executors, administrators, legal representatives,distributees, successors and assigns,to wit: 1) There shall be no further subdivision of lot 3 in perpetuity, 2) The two building areas in Lot 1 with frontage along the Main Road(N.Y.S. Route 25) are part of Lot 1, and shall not be separated from Lot 1 in perpetuity, 3) Lot owners 1 and 2 shall have a mutual non-exclusive,perpetual easement over,and access across the common driveway,which is part of Lot 1,for the purpose of pedestrian and vehicular ingress,egress and regress, as well as to tie-into, flow through and use the utility services located on, over or under the common driveway, 4) Lot owners 1 and 2 shall be responsible for and pay equally for the work of extending, repairing and maintaining such common driveway from the entrance at Main Road (N.Y.S. Route 25). The use of the existing common driveway is limited to access and egress from Lots 1 and 2 of said subdivision and shall not provide access to any adjoining properties, and 5) Prior to issuance of any residential building permits on Lots 1 and 2,the 16 foot wide common driveway must be constructed. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT,its successors and assigns, and upon all persons or entities claiming under them, and nay be terminated,revoked or amended by the owner of the Property only with the written convent of the Town. Ii any section,subsection,paragraph, clause,phrase or provision of these covenants and :cstrietions shall,by a Court of competent jurisdiction,be adjudged illegal,unlawful,invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or lany other part or provision hereof other than the part so adjudged to be illegal,unlawful,invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled,waived, changed,modified,terminated,revoked, annulled, or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. JN WITNESS R li, DECLARANT above named have executed the foregoing instrument the ye t en above: , By: Michael i monitaki By: Emanu"-i�monftakis STATE OF NEW YORK ) COUNTY OF SUFFO.L..K SS: On this R day of day in the year 2004 before roe,the undersigned,personally appeared'277/VwJ,,-G/"�A ersonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is(acre)subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument; the individual(s), or the person upon beha]f of which the individual(s)_acted, execut the instrument. % s STATE OF NEW YORK SS: COUNTY OF SUFFOLK I EDWARD P. ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY(SAID COURT BEING A COURT OF RECORD) DO HEREBY CERT FY.THAT I HAVE COMPA E THE ANNEXED COPY OF DEED LIBER AT PAGE RECORDED 611-710Y AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS DAY OF SUile— CLERK 12-0169,12197co Notary Yu61ic KOULA POUITIS Notary? iic, State of York :113050195 in Kings C Comm ;issi.;, Expires Oct.25, 1g/ Schedule "A" ALL that certain plot,piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk, State of New York,bounded and described as follows: BEGINNING at a point on the southeasterly side of Main Road(N.Y.S. Route 25)distant 621.48 feet Northeasterly from the comer formed by the intersection of the northeasterly side of Gillette Drive with the Southeasterly side of Main Road; RUNNING THENCE North 39 degrees 16 minutes 18 seconds East along the southeasterly side of Main Road,73.39 feet; THENCE South 41 degrees 44 minutes 52 seconds East, 133.35 feet; THENCE North 44 degrees 03 minutes 58 seconds East,296.72 feet; THENCE South 41 degrees 17 minutes 32 seconds East, 146.30 feet; THENCE South 41 degrees 00 minutes 32 seconds East,630.01 feet; THENCE north 43 degrees 54 minutes 28 seconds East, 69.48 feet; 1 THENCE South 41 degrees 15 minutes 22 seconds East,293.08 feet; THENCE South 37 degrees 10 minutes 28 seconds West,382.16 feet; THENCE South 40 degrees 30 minutes 12 seconds East,269.30 feet,to the northwesterly side of Dog Wood Lane; THENCE South 50 degrees 26 minutes 38 seconds West,418.88 feet to the northeasterly side of Cedar Lane; THENCE along the northeasterly side of Cedar Lane the following two(2)courses and distances: 1. North 38 degrees 55 minutes 32 seconds West, 406.48 feet; 2. North 39 degrees 44 minutes 42 seconds West, 743.70 feet; TTTENCE North 47 degrees 01 minute 18 seconds East, 316.38 feet; TFMNCF North 39.degrees 4A-minutes 22 seconds-West;335-.10-feetto the-southeasterly gide of Main Road,the point or place of BEGINNING. 02/11/2005 18:20 FAX 718 591 1089 SERGE DUCT DSGNJOS 3a`f q DR= OF SHO-2020p T� RIGHTS DISTRICT T=8 2NDENTQRE, made the K"' day of 1000 + ae X 2004 --------- BZTNZ 7 MICHAEL NIAMONITAKIS and EMANUEL NIAMONITAKIS a/k/a SECTION EMANUEL NEAMONITAKIS , residing at c/o Meridian Properties Ltd., 031.00 310 85 Street, Brooklyn, New York 11209, PARTY OF TEX FIRST ---------- PART, BLOCK 06.00 Allo the COMM OF SUFFOLK, a municipal corporation of the ----------- State of New York, having its principal office at the Suffolk LOT p/o County Center, Center Drive, Riverhead, New York 11901, PARTY 028.002 OF THE SECOND PART; WITNESSSTA, that the PARTY OF THE FIRST PART, in F/K/A consideration of ONE HUNDpin NINETY-THRF.$ THOUSAND FOUR HUMPM 1.000 EIGHTY FIVE and 00/100 DOLLARS ($193,4$5.00) and other good and 031.00 valuable consideration paid by the PARTY OF THE SECOND PART, 06.00 ROBS HAY DRAW AM R=MS�c4 unto the PARTY OF THE SECOND PART, P/0 its successors and assigns of the PARTY OF THE SECOND PART 028.001 forever, TSE DEV20OPMEilT RIGHTS, by which is meant the permanent legal interest and right, as authorized by §247 of the New York State General Municipal Law, as amended, and Local. Law 16-1.981 of the County of Suffolk, as amended, to pezmit, require or restrict the use of the premises exclusively for agricultural Production as that term is defined in Local Law 16-1981 of the County of Suffolk, as amended, and the right to preserve open space as that term is defined in §247 of the New York State General Municipal Law, as amended, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to the property described as follows. ALL, that piece or parcel of land, situated in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described as follows: (see description annexed hereto and made a part bereof) . 8330 ADW INTMWZD to be part of the same premises conveyed to Grantors by deed from Jean Schneider dated September 30, 1988 and recorded on February 3, 1989 in Liber 10793 at page 89. TO i hVZ AND TO HOLD the said DEVELOFMEN<P RSGHT5 in the premises herein granted unto the PARTY OF THE SECOND PART, its successors and assigns, forever; TOGETMR with a right of way for ingress and egress from Main Road (NYS Route 25) over a strip of land 25 feet in width as set forth in Schedule W. TOaETaER with an easement to cross and re cross a 25 foot right of way that runs from Cedar Lane North and easterly to lot number 3, in order to obtain the normal right of ingress and egress to and from the North Parcel and South Parcel of the premises conveyed herein, as set forth in Schedule "A'. AND the PARTY OF THE FIRST PART covenants that the PARTY OF THE FIRST PART has not done or- suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The PARTY OF THE FIRST PART, as a covenant running with the land in perpetuity, further covenants and agrees for the PARTY OF THE FIRST PART, and the heirs, legal representatives, successors and assigns of the PARTY OF THE FIRST PART, to use of the premises on and after the date of this instrument solely for the purpose of agricultural production. asays•.a. 02/11/2005 18:20 FAX 718 591 1089 SERGE DUCT DSGN 04 THE development rights conveyed herein are subject to the further terms and provisions as set forth in a certain contract of sale between the parties hereto dated June 29,2001 as the same is recorded in the office of the Suffolk County Clerk on September 25, 2001 in Liber 12143 cp 578, portions of which as contained herein have and will survive the delivery of this instrument of conveyance. TSS PARTY OF THE FIRST PART, its heirs, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license. or other arrangement, covenants and agrees that it will not remove any soil from the premises described herein. THE party of the first part, its heirs, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other arrangement, covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all Environmental Laws; (c) allow PARTY OF THE SECOND PART and its agents reasonable access to the premises for the purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. This covenant shall run with the land in perpetuity. TSE following covenants shall run with the land in perpetuity and shall be deemed applicable, only if federal funds are in fact received by the PARTY OF THE SECOND PART for the premises: The following language is inserted pursuant to the Agreement (N.Y.S. Contract No. C800500, C/A Ref. No. MNSRV #01- PL-003), dated August 15., 2000, between New York State Department of .Agriculture and Markets, having its principal place of business at 1 Winners Circle, Albany, N.Y. and PARTY OF THE SECOND PART, as Contractor, acting through its duly constituted DEPARTMENT OF PLANNING, located at 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 117881 and is applicable only for that portion of funds received pursuant to Appendix E' and Appendix "F' thereof, pursuant to a Cooperative Agreement between the United States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets for the Farmland Protection Program: (i) Contingent Right in the United States of America: In the event that the PARTY OF THE SECOND PART fails to enforce any of the terms of this easement (or other interests in land), as determined in the sole discretion of the Secretary of the united States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement through any and all authorities available under Federal or State law. In the event that the PARTY OF THE SECOND PART attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this easement (or other interests in land) without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States, then, at the option of such Secretary, all right, title, and interest in this easement (or other interests in land) shall become vested in the UNITED STATES OF AMERICA, by and through the United States Department of Agriculture, its successors and assigns. 02/11/2005 18:20 FAX i18 591 1099 SERGE DUCT' DSGN Q05 (ii) Unless otherwise agreed to by the PARTY OF THE SECOND PART, United States of America Conmiodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets shall hold title to any conservation easement or interest in land. However, title may be held by the UNITED STATES at the request of the Secretary of Agriculture upon mutual agreement of the PARTY OF THE SECOND PART, United States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets. PARTY OF THE FIRST PART covenants to manage the property in accordance with a conservation plan that is developed utilizing the standards and specifications of the MRCS field office technical guide and is approved by the Conservation District TRE following covenants shall run with the land in perpetuity and shall be deemed applicable, only if New York State funds are in fact received by the PARTY OF THE SECOND PART for the premises: The following language is inserted pursuant to the Agreement (N.Y.S. Contract No. C800001, C/A Ref. No. MNSRV #01- PL-004), dated Auaust 15. 2000, between New York State Department of Agriculture and Markest, having a principal place of business at 1 Winners Circle, Albany, N.Y. and PARTY OF THE SECOND PART, acting through its duly constituted DEPARTi+tEW OF PLANNING, located at 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 117881 and/or pursuant to the Agreement (N.Y.S. Contract No. C800500, C/A Ref. No. MNSRV #99- PL-002) , dated ' between New York State Department of Agriculture and Markets, having a principal place of business at 1 Winners Circle, Albany, N.Y. and PARTY OF THE SECOND PART, acting through its duly constituted DEPARTMENT OF PLANNING, located at 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788: (i) All amendments to this Agreement/Easement, after the DEVELOPMENT RIGHTS have been acquired by the PARTY OF THE SECOND PART shall be authorized by the N.Y.S. Department of Agriculture and Markets. THE PARTY OF THE FIRST PART, its heirs, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other arrangement, covenants and agrees that it shall defend, indemnify and hold PARTY OF THE SECOND PART and any of its officers, agents, employees, and, their respective successors anal assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of (1) any inaccuracy or misrepresentation in any representation or warranty made by PARTY OF THE FIRST PART in this agreement; (2) the breach or non-performance of any covenants required by this agreement to be performed by the PARTY OF THE FIRST PART, either prior to or subsequent to the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-coigp11ance with any environmental law; or the disposal, discharge or release of solid wastes, pollutants or d U G L L Xa.oA PWX 'wDnvuutLwH 0019 ZGg '0'd aooTa „g '•fipTH uosTuuva saZ •x SuTuuetB ;o -4um=zvdaQ eIvgsa TRUE ;o uoTSTATa um2 SOS a OS NMUZU aw craom q - #W WdV p+Mdx3 uolS%UP 3 b0co Wise ul ppemisno aa 3E20A tea ;o OlvgS =aTTgna AzQ;oN 7�1► V"MIets'�(��+ON •�uaamzasut Vq4 pagnoaxa 'pagae sTvPTA-qmT eq:t goTgn ;o ;TvrVaq uodn suou=a aqa, ao 'sTIMpr_aTpuT aga ,auemnxlsu-r aqa uo aanavubTs XF91M Aq :taq:a pub 'AaTzvdgo %-rega UT Berns OUR pavouxe Amp 42q,4 = o:t PGOPaTAOM(ae pus :4uwv=lsuT uTgaTtn aq-4 o-4 PegT,;:nsgns a22 saiasu esa" sTvuPTATPuT aqn eq aa aouapTAe Ax0-4ov;sTlss ;o sTsvq aql uo ON tr4 PSAO.Wd ao Om oa uesom[ ATIvaosxad �Jyo pazvaddv A-Muosmad `pauf5Ts.zapun aqz am eao�aq pg as A agj ui ;o AV �1 STCM ao t7►tqm,ao x t$ c Mum em ao ff"960 :IopS UT Asuz I:lv s� DSS RdooKejk I022lva UiPLT v/X/v SIXVJ,INOKYIPi TdOKvm S Qa H IAI 'ua:4aT-zm oAoge 4s.7Tg: aeaA puv Asp ag-4 paap wr pa-4naaxa ATitP sgq yuvd SsaIa Sau A0 Alwa aqq 'Joaamm VVMUM ml •saarnbaa os axn1traput 9TH ;o eSUGS aqj xaAauagw ,saTI-=d. peace IT 3T s2 p9nz48uoo aq TTvgs .11XVd, WMM SAS 'AaT=adaad uz pusT aga tnTm una TTvgs gusuanoo 51% s;t7q6Ta quamdoTsAsp jo paap aTTq ;o uo ppoexe aq4 oq quartbesgns ao 01 mo-rad sesTm;aad aqp ;o uot:lTpaoo ao/pue 'uoT:jeacado 'd-c xaumo agP Woa; asTse Aag4 �tra�xa atP 04 suoTPvagTA xo 399-FOU 'zeauvisgns TvoTuratto Aue o:j aartsodxa so !saouejsgns snopsvzvq 90f$j NOW .LDRQ HDHHS OVOT Tog RTI xyd 0Z=9T 900Z/TT/ZO 02/11/2005 18:20 FAX 718 591 1089 SERGE DUCT DSGN X07 r DOWNSTATE,?ME AGENCY,INC. L.AWYERe OWNUNCCE.CORDO RATION 'T3TLR NODT01-11119 - SCREIDULE A•CONTINUED MoAb parcel: LEGAL DESCRIMON ALL OW cmWn piece or parcel of land being al East Marion, Town of Southold.County or Sufrolk and State of New York more particularly bounded and described as follmvs: . BLQN ING at a point along tha easterly side al-Cedar Lane said point bring.S%tath 39 degrftS 43 minutes'SMnds Cast. I S'1.73 feet rrOni the intr mm(ion e)f til c►utht:rly side ear blain lk and (S•R.25)and the easterly side of Ceclor Cana; 'I`t ICNC'C North 44 drrgroes 03 minutes 5E,utieinds Cast.344.27 reel to a pittt;- 111CNcF-&mth 41 degrees 17 minutes 32�.'Ccptd.� ra.5[, t 1 t.13 Iiti[ to a rx>int� 11 IENCE-Suuth 41 degres s[N),ninuteti 32�cc+i�iJs C: l. 279.9; tztit to a(saint;. + t'!1I: Cl:S<mth 48 JcSre cs';et minutes 3 vconds West.2.18,(x) l'trl to a point: TFIENCE South 41 dchimes 00 minutes 32 seconds East,40().01) feet to a point: Cl IENCE South 48 degmes 59 minutes 2,4 jecollds West, t-57,o4 rpt to a poitu; Ti IENCE South 41 clelgrees o0 minutes 3"_seconds East.-'J' 6,17 11 d to a Point and the noWwrly line of 25.00 foot right of way; THENCE South 47 degrees I 1 minutes 30 seconds West. 276.73 W009 the northerly line ofsaid I oPwq to-the ens cdy line-of-Cedar Lane; THENCE along the Fast title of Cedar bane North 39 degrees 44 minutes 42 seconds West, 620.$9 feat to a point and the southerly lute of Cedar sane; - TIMCB alocS the southerly line of Cedar lane North 47 degrees 0l minutes t 8 seconds East, 316.38 feet to a eonetete monument and the East line of Cedar Lane; THENCE along the East line of Cedar Lane North 39 degrees 49 minuW. 22 seconds 182.37 beet to the poW 'Rind place-of BBGINNITIG, w 8,61 arra - 02/11/2005 18:20 FAX 718 591 1089 SERGE DUCT DSGN f�08 DOWNSTA'i'6'1 =AOZNCY1 INC. r ,•v LAWYM TI'I'L.a VMMNCE CORPORATION ` - 'I'i'8 Z NO. 2121— SCHEDULE A-CONTOMI) South Prtrcoi: L$(;AL OBSCRIPTIOPi ALL that cerWn piece or parcel of land being at East Marion.Town of Southold.County of Suffolk and State of New York more particularly bounded and described as follows: BEGINNING at a point along the easterly sick of Cedar Lune. said point being the Collowing time(3)courses anel distances from the intersection of the southerly aide ofmain Road rS.R. 25) and the easterly side of Cedar Law: ( 1) South 39 degrees 49 minutes 72 seconds Fast.3 35.10 fcvt to a etincrute monurimt: t31 Suuih 47 degrees b 1 mittubm I A rands Wast. 3 f 6.34 fkrt U)a pilint: • (3) South 39 degrees 44 minutes d'_.k-coeds •• qt 645.93 1j:Lq to a pint and the southerly side o f a 25 foot right of way: IENCE along dw suutlwdy side of--mid right cif%Yay North 47 degrr_,es I I minutes 30 secLinds East,271.38 feet to a Point and the land now or formerly of Ronald and Rosa Russ; TI-IENCE southerly and easterly along said land the Polluwing t.vu(:)courses wx.(distanc:es: (1) South 41 degrees 00 minutes 3;seconds East. 1137.43 feet to a point; (2) North 50 degrees 44 minutes 08 seconds East, 127.57 feet to a point. '1'I 1ENCE southerly along said land and lot 181 Map ofGaWiners Bay Estates,South 40 degrees 30 tttinuta 12 seconds East;32L"feet to a conmete monument and the northerly sick of THENCE westerly along the northerly side of said road and the northerly line of land now or f6mwy of Clark,land now or formerly of Tusty And land now or formerly of Thielo South 50 degms 26 Minutes 38 seconds Wast,418.88 to a granite monument and the easterly side of /l �L THENCE done the easterly side of Cedar Lane North 38 degrees 55 minutes 32 seconds West, 406.48 to a point; e THENCE still along•the eastedy side of Cedar Lane North 39 deuces 44 minutes 42 seconds West 97.78 feet to the point and place of BEGINNING Mnttri Wg+4.28 acres 04/26/2005 00:01 6312040711 PECONIC LAND TRUST PAGE 02 0 0 PECONIC L .A. ND TRUST At LI JUL 2 7 2005 OARD OF EAPPEALS April 26, 2005 Abigail Wickham, Esq. 10315 .M..ain Road PO Box 1424 Mattituck,NY 11952 Re: Niamonitaki.s Set-Off&Lot Linc Modification Plan SCTM#'s: 1000-31-6-28.1 &29 Dear Ms. Wickham: Per our discussion today, the following is meant to clarify the above-referenced plan. The final concept playa for the above-referenced project was based on our review of plan configurations with the Southold Planning Board. Specifically,the approximately 0.18 acre portion.of Lot 1 along Main Road was held out of the sale of development rights for use as a potential farm stand. According,the Town approved Road and Drainage Plan and NYS Department of Transportation approved Garb Cut Plan were both designed with that use in mind. This, however,does not preclude the landowner from seeking approval of farm-.related structures elsewhere on the property from the Suffolk County Farmland Committee. Sincerely', Marian P. Sumner Director of Conservation Programs 296 HAMPTON RO.4.1)I POST OFFICE.BOX 17761 SOUTHAMN-ON NEW YORK 119691 PHO TI3r (631)283-31951 FAX (63_1)283-0235 www.pcconicl,,tndtriist.org LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O BOX 1424 WILLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW ROAD ABIGAIL A. WICKHAM SUITE 111 LYNNE M.GORDON MELVILLE, NEW YORK 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO.631-298-8565 631-249-9480 wwblaw@aol.com TELEFAX NO.631-249-9484 July 25, 2005 RE��M r) JUL � 7 [005 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold,New York 11971 ZONIPIG BOARD OF APPEALS Re: Rozenbaum, Serge and Susan Farmstand Variance S/E corner of Main Road and Cedar Lane, East Marion, New York SCTM # 1000-31-6-28.1 Appeal No. 5691 Ladies and Gentlemen: We enclose seven sets of the floor plans and building elevation + C,d Very yours, - r 30/shdzbava igalAWic am end AAW/jt L; ,,. • .z 143 "V.5 q - - r t or)5 ck Co vA-vc-{-- ole--> dei', (' ni s i y� THIS AGREEMENT,made this 21 day of Tv01�- ,Two Thousand One; BETWEEN MICHAEL NIAMONITAKIS and EMANUEL NEAMONITAKIS, l l l Marine Avenue, Brooklyn,New York 11209,hereinafter described as the SELLERS, and the COUNTY OF SUFFOLK,a municipal corporation,having its principal offices at County Center,Riverhead, New York,hereinafter described as the PURCHASER, - WITNESSETH,that the SELLERS agree to sell and convey,and the PURCHASER agrees to purchase, as authorized by Chapter 8 of the Suffolk County Code,and in accordance with Resolution No.285-1981,as amended, and Resolution No. 1201-2000 of the Suffolk County Legislature,on file with the Clerk of the Suffolk County Legislature,the Development Rights,as hereinafter defined,in all that certain plot,piece or parcel of land,situate,lying and being in the Town of Southold, County of Suffolk and State of New York,more particularly bounded and described as set forth in the description annexed hereto as Exhibit"G". I. Development Rights,as authorized by§247 of the New York State General]Municipal Law,as amended,shall mean the permanent legal interest and right to permit,require or restrict the use of the premises exclusively for agricultural production as that term is defined in Chapter 8 of the Suffolk County Code,as amended,and the right-to.preserve open space as that term is defined in 5247 of the General Municipal Law as amended,and the right to prohibit or restrict the use of the premises for any purposes other than agricultural production or to subdivide sante. By the sale of such development rights and interest,the SELLERS shall be deemed to have covenanted and agreed that the SELLERS,and the heirs,legal representatives, successors and assigns of the SELLERS, shall only use the premises on and after the date of delivery of the instrument of conveyance to the County of Suffolk for the purpose of such agricultural production. Such covenant shall run with the-land in perpetuity. The provisions of this paragraph shall survive the delivery of the instrument of conveyance. 2. The SELLERS acknowledge that by the terms of this contract and the declarations in the deed,that it has been informcd that neither the SELLERS,nor their heirs,successors in interest, successors in title or assignees shall.be permitted to remove soil from the property to be covered by these development rights. The representation is intended to also serve as a covenant running forever with the laud in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of this conveyance. 3. The power and purpose of the PURCHASER is limited to acquiring the Development Rights in land presently used or suitable.for agricultural production and the PURCHASER reserves the right,upon obtaining a survey and inspecting the premises in relation thereto,to hold a public hearing on said purchase and acquisition, and thereafter,either cancel this agreement if the premises are not entirely used or suitable for agricultural production or to accept that portion of the premises which is suitable for agricultural production,as herein defined, in which case the price will be adjusted in proportion to the area deemed suitable using the unit price as herein set forth. 1 thereby by all its terms,provisions and conditions as they now exist and as they may be in the future amended. This covenant shall run with the land'in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement. 30. If two or more persons constitute either the SELLER or the PURCHASER, the word "SELLER"or the word"PURCHASER"shall be construed as if it read "SELLERS"or "PURCHASERS"whenever the sense of this agreement so requires. 31. It is understood and keTeed by and between the parties to this contract that the SELLERS have retained or will retain certain portions of their property and,exclude said portions from this sale to the County of Suffolk. That by reason thereof,the SELLERS do hereby further covenant and agree that no-oniication for the erection of a residential dwelling will be made to the PURCHASER as to those areas not retained by the SELLERS and the subject of the development rights,by himself or his heirs,successors or assigns. Said covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement. IN WITNESS WHEREOF,this agreement has sbeen duty executed by the parties hereto the day and year first above written. IN PRESENCE OF: COUNTY OF SUFFOLK . L.S. By: ERIC A.K(/1P or AICL Chief Deputy County Executive EMANUEL NEAMONITAKIS Approved as to form,not reviewed as to execution: ROBERT J.CIMINO Suffolk County Attorney AP ED: By:DAVID P.FISHBE By: ALLAN D. G CCO Bureau Chief Division Director Real Estate/Condemnation Bureau Division of Real Estate Department of Law Department of Flaming H-Ae Conda m\NISICFarmlan&K Tliarwd0 is to COS i_-OtAw t DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLARATION is made this dday of 004 by Michael Niamonitakis and Emanuel Niamonitakis residing at 111 Marine Ave e,Brooklyn,NY 11209,hereinafter referred to as the DECLARANT; WITNESSETH: WHEREAS,the DECLARANT is the owner of certain real property situate on the South side of the Main Road(N.Y.S. Route 25),Town of Southold, Suffolk County,New York,more particularly bounded and described in Schedule "A" attached hereto (hereinafter referred to as the Property);.and WHEREAS,the DECLARANT has made an application for and have received conditional approval from the Planning Board of the Town of Southold to implement a set-off and lot line change, as shown on the Subdivision Map of "Michael Niamonitakis" prepared by Joseph A. Ingegno Land Surveyor, last dated August 2,2002 which will simultaneously be filed in the Office of the, Suffolk County Clerk; and WHEREAS, for and in consideration of granting of said approval, the Planning Board of the Town of Southold has deemed it to be in the best interests of the Town of Southold and the owners and prospective owners of said lots that the within Covenants anRestrictions be imposed on said lots 1 and 2, and 3, and as a condition of said approval./said Planning Board has required that the within Declaration be recorded in the Suffolk County/Clerk's Office; and WHEREAS,the DECLARANT has considered the foregoing and have determined that the same will be for the best interests of the DECLARANT and subsequent owners of said parcel; NOW,THEREFORE,THUS DECLARATION WITNESSETH: That the DECLARANT, for the purpose of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant and agree that the said lots within said subdivision map shall hereafter be subject to the following covenants and restrictions as herein cited,which shall run with the land and shall be binding upon all purchasers, lot owners and holders of said Property,their heirs, executors, administrators, legal representatives,distributees, successors and assigns,to wit: 1) There shall be no further subdivision of lot 3 in perpetuity, 2) The two building areas in Lot 1 with frontage along the Main Road(N.Y.S. Route 25)are part of Lot 1, and shall not be separated from Lot 1 in perpetuity, 3) Lot owners 1 and 2 shall have a mutual non-exclusive,perpetual easement over,and access across the common driveway,which is part of Lot 1, for the purpose of pedestrian and vehicular ingress, egress and regress, as well as to tie-into, flowthrough and use the utility services located on, over or under the common driveway, 4) Lot owners 1 and 2 shall be responsible for and pay equally for the work of extending, repairing and maintaining such common driveway from the entrance at Main Road (N.Y.S.Route 25). The use of the existing common driveway is limited to access and egress from Lots 1 and 2 of said subdivision and shall not provide access to any adjoining properties, and 5) Prior to issuance of any residential building permits on Lots 1 and 2,the 16 foot wide common driveway must be constructed. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT,its successors and assigns,and upon all persons or entities claiming under them, and nay be terminated,revoked or amended by the owner of the Property only with the written consant of the Town. Ii any section,subsection,paragraph,clause,phrase or provision of these covenants and astrictions shall,by a Court of competent jurisdiction,be adjudged illegal,unlawful,invalid or held to be unconstitutional,the same shall not affect the validity of these covenants as a whole or any other part or provision hereof other than the part so adjudged to be illegal,unlawful, invalid, or unconstitutional. The within Declaration is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and made a part hereof, as though fully set forth. That the within Declaration shall run with the land and shall be finding upon the DECLARANT and its successors and assigns, and upon all persons or entities claiming under them, and may not be annulled,waived, changed,modified,terminated,revoked, annulled,or amended by subsequent owners of the Property unless and until approved by a majority plus one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. IN WITNESS R F, DECLARANT above named have executed the foregoing instrument the ye t eu.above: , By: Mchaeli monitnki By: Emanuel iamoRtakis STATE OF NEW YORK ) COUNTY OF SUFFOLK SS: Onthis R day of day in the year 2004 before me,the undersigned,personally appeared i/V�,As�� ersonally known to me or proved to me on the basis of satisfactory evidence to be the individual(s)whose name(s)is (axe)subscribed to the witbii n instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity(ies), and that by his/her/their signature(s) on the instrument, the individual(s),or the person upon behalf of which the individual(s) acted, execut the instrument. l STATE OF NEW YORK SS: COUNTY OF SUFFOLK I EDWARD R ROMAINE, CLERK OF THE COUNTY OF SUFFOLK AND CLERK OF THE SUPREME COURT OF THE STATE OF NEW YORK IN AND FOR SAID COUNTY(SAID COURT BEING A COURT OF RECORD) DO HEREBY CERT FY THAT I HAVE COMPA ED THE ANNEXED COPY OF DEED LIBER 0&5 AT PAGE RECORDED 6 0 AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. IN TESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTY AND COURT THIS DAY OF PQ` CLERK ,"169.12 CQ JNotary YuUlic KOULA POLITIS Notary! ic, State of �I""York :1 P050195• i in Kings C Commis5i;.i Expires Oct. 25, 11— Schedule "A" ALL that certain plot,piece or parcel of land, situate, lying and being in the Town of Southold,County of Suffolk, State of New York,bounded and described as follows: BEGINNING at a point on the southeasterly side of Main Road(N.Y.S. Route 25)distant 621.48 feet Northeasterly from the corner formed by the intersection of the northeasterly side of Gillette Drive with the Southeasterly side of Main Road; RUNNING THENCE North 39 degrees 16 minutes 18 seconds East along the southeasterly side of Main Road, 73.39 feet; THENCE South 41 degrees 44 minutes 52 seconds East, 133.35 feet; THENCE North 44 degrees 03 minutes 58 seconds East,296.72 feet; J THENCE South 41 degrees 17 minutes 32 seconds East, 146.30 feet; THENCE South 41 degrees 00 minutes 32 seconds East,630.01 feet; r THENCE north 43 degrees 54 minutes 28 seconds East 69.48 feet; i. THENCE South 41 degrees 15 minutes 22 seconds East,293.08 feet; THENCE South 37 degrees 10 minutes 28 seconds West,382.16 feet; THENCE South 40 degrees 30 minutes 12 seconds East,269.30 feet,to the northwesterly side of Dog Wood Lane; THENCE South 50 degrees 26 minutes 38 seconds West,418.88 feet to the northeasterly side of Cedar Lane; THENCE along the northeasterly side of Cedar Lane the following two(2)courses and distances: 1. North 38 degrees 55 minutes 32 seconds West, 406.48 feet; 2. North 39 degrees 44 minutes 42 seconds West, 743.70 feet; THENCE North 47 degrees 01 minute 18 seconds East, 316.38 feet; THENCE.North 39-degrees 49-minutes 22 seconds-Vest 33510 feet to the southeasterly gide of Main Road,the point or place of BEGINNING. 02/11/2005 18:20 FAb T18 591 1089 SERGE DUCT DSGN f 03 DRBD OF SHO-202a DSVBLOPXMT RIGHTS DISTRICT ISIS ImmarrURE, made the L0 day of +�bW 2004 1000 ---------- BLVKB±N MICHAEL NIAMONITAYIS and ENANUE.L NIAMONITAKIS a/k/a SECTION ECANUEL NEAMONITAXIS , residing at c/o Meridian Properties Ltd., j 031.00 310 85 Street, Brooklyn, New York 11209, PARTY OF THE FIRST ---------- PART, BLOCK 06.00 A'W the GOVWZY OF SUFFOLK, a municipal corporation of the -------- State of New York, having its principal office at the Suffolk LOT p/o County Center, Center Drive, Riverhead, New York 11901, PARTY 028.002 OF THE SECOND PART; 1PITNS8$ST3, that the PARTY OF THE FIRST PART, in F/K/A consideration of ONE HUNDRED NINETY-THREF. THOUSANb FOUR HUNDRED 1000 EIGHTY FIVE and 00/100 DOLLARS {$193,485.00) and other good and 031.00 valuable consideration paid by the PARTY OF THE SECOND PART, 06.00 DORS BAY GRAM ASID R=AASE-unto the PARTY OF THE SECOND PART, P/0 its successors and assigns of the PARTY OF THE SECOND PART 028.001 forever, THE DEVELOPMENT BIGHTS, by which is meant the permanent legal interest and right, as authorized by §247 of the New York State General Municipal Law, as amended, and Local Law 16-1981 of the County of Suffolk, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is defined in Local Law 16-1981 of the County of Suffolk, as amended, and the right to preserve open spade as that term is defined in §247 of the New York State General Municipal Law, as amended, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to the property described as follows: ALL, that piece or parcel of land, situated in the Town of Southold, County of Suffolk, and State of New York, more particularly bounded and described as follows: (see description annexed hereto and made a part hereof) : ZMXW AMID iN'tBNDBD to be part of the same premises conveyed to Grantors by dead from Jean Schneider dated September 30, 1988 and recorded on February 3, 1989 in Liber 10793 at page 89. TO BAVB ASID TO HOLD the said DEVELOPMENT RIGHTS in the premises herein granted unto the PARTY OF THE SECOND PART, its successors and assigns, forever; TOGETSEx with a right of way for ingress and egress from Main Road (NYS Route 25) over a strip of land 25 feet in width as set forth in Schedule W. TOGETHZR with an easement to cross and re cross a 25 foot right of way that runs from Cedar Lane North and easterly to lot number 3, in order to obtain the normal right of ingress and egress to and from the North Parcel and. South Parcel of the premises conveyed herein, as set forth in Schedule "A•. AND the PARTY OF THE FIRST PART covenants that the PARTY OF THE FIRST PART has not done or- suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The PARTY OF THE FIRST PART, as a covenant zunning with the land in perpetuity, further covenants and agrees for the PARTY OF THE FIRST PART, and the heirs, legal representatives, successors and assigns of the PARTY OF THE r PART, to use of the premises on and after the date of this instrument solely for the purpose of agricultural production. py.pw•ras 02/11/2005 18:20 FAX 718 591 1089 SERGE DUCT DSGN 04 THE development rights conveyed herein are subject to the further terms and provisions as set forth in a certain contract of sale between the parties hereto dated June 29,2001 as the same is recorded in the office of the Suffolk County Clerk on September 25, 2001 in Liber 12143 cp 578, portions of which as contained herein have and will survive the delivery of this instrument of conveyance. TSS PARTY OF THE FIRST PART, its heirs, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license. or other arrangement, covenants and agrees that it will not renoove any soil from the premises described herein. TSS party of the first part, its heirs, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other arrangement, covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow others to do so; (b) comply with all Environmental Laws; (c) allow PARTY OF TAE SECOND PART and its agents reasonable access to the premises for the purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement. This covenant shall run with the land in perpetuity. TSS following covenants shall run with the land in perpetuity and shall be deemed applicable, only if federal funds are in fact received by the PARTY OF THE SECOND PART for the premises: The following language is inserted pursuant to the Agreement (N.Y.$. Contract No. C800500, C/A Ref. No. MNSRV #01- PL-003), dated Aum 2000, between New York State Department of -Agriculture and markets, having its principal place of business at 1 Winners Circle, Albany, N.Y. and PARTY OF THE SECOND PART, as Contractor, acting through its duly constituted DEPARTMENT OF PLANNING, located at 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788; and is applicable only for that portion of funds received pursuant to Appendix "E' and Appendix "F' thereof, pursuant to a Cooperative Agreement between the united States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets for the Farmland Protection Program: (i) Contingent Right in the United States of America: In the event that the PARTY OF THE SECOND PART fails to enforce any of the terms of this easement (or other interests in land) , as determined in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement through any and all authorities available under Federal or State law. In the event that the PARTY OF THS SECOND PART attempts to terminate, transfer, or otherwise divest itself of any rights, title, or interests of this easement (or other interests in land) without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States, then, at the option of such Secretary, all right, title, and interest in this easement (or other interests in land) shall become vested in the UNITED STATES OF AmRICA, by and through the United States Department of Agriculture, its successors and assigns. 02/11/2005 18:20 FAX 18 591 1089 SERGE DUCT DSGN fa 05 (ii) Unless otherwise agreed to by the PARTY OF THE SECOND PART, United States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets shall hold title to any conservation easement or interest in laud. However, title may be held by the UNITED STATES at the request of the Secretary of Agriculture upon mutual agreement of the PARTY OF THE SECOND PART, United States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets. PARTY OF THE FIRST PART covenants to manage the property in accordance with a conservation plan that is developed utilizing the standards and specifications of the MRCS field office technical guide and is approved by the Conservation District T= following covenants shall run with the land in perpetuity and shall be deemed applicable, only if New York State funds are in fact received by the PARTY OF THE SECOND PART for the premises: The following language is inserted pursuant to the Agreement (N.Y.S. Contract No. C800001, C/A Ref. No. M1gSRV #01- PL-004), dated August 15. 2000, between New York State Department of Agriculture and Markest, having a principal place of business at 1 Winners Circle, Albany, N.Y. and PARTY OF THE SECOND PART, acting through its duly constituted DEPARTi+P= OF PLANNING, located at 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 117881 and/or pursuant to the Agreement (N.Y.S. Contract No. C800500, C/A RBf. No. MNSRV #99- PL-002) , dated ' between New York State Department of Agriculture and Markets, having a principal place of business at 1 Winners Circle, Albany, N.Y. and PARTY OF THE SECOND PART, acting through its duly constituted DEPARTMENT OF PLANNING, located at 100 Veterans Memorial Highway, P.O. Box 6100, Hauppauge, New York 11788: (i) All amendments to this Agreement/Easement, after the DEVELOPMENT RIGHTS have been acquired by the PARTY OF THE SECOND PART shall be authorized by the N.Y.S. Department of Agriculture and Markets. T= PARTY OP THE FIRST PART, its heirs, assigns and/or party or parties in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or Other arrangement, covenants and agrees that it shall defend, indemnify and hold PARTY OF THE SECOND PART and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of (1) any inaccuracy or misrepresentation in any representation or warranty made by PARTY OF THE FIRST PART in thus agreement; (2) the breach or non-performance of any covenants required by this agreement to be performed by the PARTY OF THE FIRST PART, either prior to or subsequent to the closing of title herein] or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any environmental law; or the disposal, discharge or release of solid wastes; Pollutants or 02/11/2005 18:20 FAX 718 591 1089 SERGE DUCT DSGN Zoe hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or condition of the premises prior to or subsequent to the execution of the deed of development rights. This covenant shall run with the land in perpetuity. TIM Wo= "PARTY" shall be construed as if it read °parties, whenever the sense of this indenture so requires. IH WITNESS WHKAEOF, the PARTY OF THE FIRST PART has duly executed this deed the day and year first above written. Nl N S F14ANUEL NIAMONTTAKIS a/k/a L14WIY SIT ar a BY /lamm PATAICIADM00RE ESQ. �y— STATE � in �OF NEW YORK) ) coDmTr of Su--a1L) On this Q'02 day of (\0 _ in the year 20 before me the undersigned, personally appeared �� te�rint►r, LS 0 [+ LtegfQ_ , personally known to me or proved to me on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and ac)mowledged to me that they executed the same in their capacity, and that by I their signature on the instrument, the individuals, or the persons upon behalf of which the individuals acted, executed the instrument. MNEE.OW Notary Public: State of Nest York HatmvN omi VA ��'�' �M 2006 RECORD AND RETURN TO; BOB ZABEA Division of Real Estate Department of Planning H. Lee Dennison Bldg., 2'° Floor P.O. Box 6100 -9m i lnAuaq, vow York 117 A R 02/1112005 18:20 FAX. 718 301 1089 SERGE DUCT DSGN X07 r 7-&(� r DOWNSTATEW=AOZN CY,1NC. - aIN L.AWYEEB TnIt ini URANCE-CORPOfLAnON 140.-DD.T01i119 - SCREDUL19 A CONTEWED , North pmel: LEGAL DESCRIMON ALL dt eertaln pieev or panel of land being of East Marion, Town of Southold,County of Suffolk urtd Stale of New Ywk more particularly bounded and describW as follows; . BEOWNIIHGat a point along Ow easterly side orCedar Lane said point being.South 39 rm �' aemnds Cast. 15...77 Pett 1i+om the inte;mmdon of dor:eouthe:rly side or&lainR� (S-P-23)and the:easterly side or Cedar Lana: TIICNCC Ngmth 44 de:gifts t)3 rninutes 58 sixondi East.340.2.7 react to a pe4111;• I'IIIIWE&xtth 41 degrees 17 rninutes 32 se.cands Bast, t lo.I j nett in.,huiat` 1'11IsNC'ESouth 41 dcgres;.R rN},minutes 32-1cconds Cast. 279.95 IL t to;e(x�int;. , f l II:Nt'1:Soulls 48 JcsMes iq inintrtcs 28 winds WOL 244(K) r=1 to a point; TFIENCE Sewth 41 degrees 00 minutes 32 seconds East,400.01) reit to a point: _ Cl ICNCE Swath 48 degrees 59 minutes 23 .-ft West. 1:-57,tA f'e;ct to a point. TIIC-14 E South 41 degrees 40 minutes 32 seconds East.-3' 6.17 Ill to a poiat:nul (Ile itucti�ly line Of a 25.00 foot right or%vay; THENCE South 47 deWves I l minutes 30 wonds West. 276.73 along the northerly line ofsaid I right of way to'the e y line_oif CcAir Lane; THENCE along the East lira of Cedar Lane North 39 degmes 44 minutes 42 seconds West, 620.89 feet to a point trod the southerly line of Cedar Lane; - THWCB along dw southerly line of Cedar lane North 47 degrees 0l minutes 18 seconds East. 316.38 feet to a cOmfeta monument and the East Una of Cedar Lane; THENCE along the East Jim of Cedar Lane North 39 dcp%u 49 minutes 2a seconds 182.37 fret to the poia *place-of$EOINNINO. w ' cm*iW%8.61 acres : 02/11/2005 18:20 FAX 718 591 1089 SERGE DUCT DSGN ]a 08 1 I 1*"STATZ 71=AVZNCYs INC,a r •... LAW'YM n=wsuRANC'E CORTORATIQN T=Na Rjgj- SCHEDULZ A-CQNTUMD South Panel: L$GAL)?BSCRIP orq ALL that certain piece or parcel of land being at East Marion.Town of Southold.Count,}►of Suffolk and State of New York more particularly bounded and described as follows: BEGINNING at a point along the easterly side of Cedar Lane, said point being the following duce(3)cower aW distances from the intersection of the southerly side ormain Road(S.R. 35) and the easterly sick of Cedar Lane: ( 1) South 39 degrees 49 minutes??seconds Fast.]]S.It) ('art to a eY►ncrete rlwnumetnl: ('_) South 41 degrees IDI minutes 1 A s sands West. 316 JA 1'e'<•t tst a p)int. I 13) South 39 degrees 44 minutes 42 mconds •• qt 645!►3 1j:LK tp a p,,int and the southerly side u f a 25 foot right or tvkv; T1 MUNCIE along dw soullwdy side.of smid right of way North 47 dq nvs t I minutes 30 SCR.'n�xls Cast.?77.38 feet to a point enc!the land now or fortnrrly of Ronald mW Rosa Ross: f 't HENCE southerly and easterly along said land the following two(2)courses and distances: (1) South 41 degrees 00 minutes 342 seconds East_ 147.43 fact to a point: (2) North 50 degree's 44 minutes 08 seconds East. 137.57 f�Yt to a point: 'M IENCE southerly along said land and lot 181 Map ofGardiners Bay Estates,South 40 degrees 30 adnutes 12 seconds East 321.99 feet to a coac tle monument and the northerly side of DgpoasL(,tme: T tEMCE westerly along the northerly side of said road and the northerly one of land now or kirmedy of awk,tend now or formerly of Tasty aW land now or formerly of Thielo South 50 d r 26 toinntes 38 seconds West,418.88 to a granite monument and the easterly side of Ceder[AS%- THENICB slang the easterly side of Cedar Lana North 38 degrees 55 minutes 32 seconds West, - 406.48 fret to it point; r THENCE still Along•the easterly side of Cedar Lege North 39 donees 44 taiautes 42 seconds Nest,97.78 feet to the point and place of BEGINMNG conWainB 4.28 acres LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA P.C. 13015 MAIN ROAD, P.O BOX 1424 WILLLIAM WICKHAM(06-02) MATTITUCK,LONG ISLAND MELVILLE OFFICE ERIC J.BRESSLER NEW YORK 11952 275 BROAD HOLLOW RD ABIGAIL A.WICKHAM SUITE 111 LYNNE M.GORDON ---- MELVILLE, N Y. 11747 JANET GEASA 631-298-8353 ---- TELEFAX NO 631-298-8565 631-249-9480 FAX NO 631-249-9484 July 6, 2005 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Re: Rozenbaum, Serge and Susan Premises: S/E cor Main Road and Cedar Lane,East Marion,New York SCTM # 1000-31-6-28.1 Appeal No. 5691 Ladies, Gentlemen: We enclose seven copies of a revised Notice of Disapproval, which was issued after our careful examination of the relevant deeds in this matter. The variance seeks setback relief on three front yards, including Cedar Lane. While the applicant does not intend to use Cedar Lane for the farmstand, and the Planning Board has required that he not do so, we believe that the applicant does have access over Cedar Lane and we do not want to waive that right in its entirety by virtue of this application. If the farmstand use ceases, or if Cedar Lane can be used for the farmland itself,we do not wish the applicant to have foregone any legal right he may have to do so. It is for this reason only that the application has been amended back to the original three front yard posture. We have no objection to a condition being imposed on the granting of the application which would preclude access to Cedar Lane for the farmstand use, as that is in conformity with the intent of the Planning Board approval. We would also like to clarify that the farmstand will be unheated. It will be insulated so that, in its unheated state, the season may be somewhat extended. Further, and in response to the Board's request that the area vs. use variance be clarified, we enclose a short memo addressing that point. If you desire complete copies of the decisions cited, we will be glad to supply them. Thank you for your consideration. Very t ly yours, Memo to Zoning Board of Appeals Re: Rozenbaum Farmstand Appeal No. 5691 We are writing this statement in support of our position that this application consititutes an area variance, not a use variance. This application is made as a result of the Building Inspector's Notice of Disapproval of a request to (1) construct a farmstand within required setback lines, clearly an area variance, and (2) to enclose the fourth side of the farmstand, which we maintain is also an area variance. The proposed use of the structure is of a farm stand, but it will be enclosed rather than open to the air on one side as defined by the Code. The variance requested is to allow the fourth side to be enclosed, not to change the use as a farm stand. The use of the structure will be to sell agricultural products grown on the property. The enclosed fourth side is «< requested in order to extend the season, corresponding with local growing seasons, and make it more comfortable for the employees who work in the stand during the colder weather. However, the building will not be heated. The use of the building will be that of a farm stand. Only the physical characteristic of the fourth side of the building will be at variance with the Code. We believe this clearly constitutes an area variance, not a use variance. The Code defines "Use", in applicable part, as the purpose for which a structure is arranged, designed, or intended or for which a structure is or may be used, occupied or maintained. The purpose of this structure is a farmstand to sell products grown on the farm. The Code defines"Farm Stand" in basically two ways: 1)open on one side and 2) used for the sole purpose of retail sale of produce grown by the owner of the stand on farm acreage within the Town of Southold" (emphasis supplied). This application does not seek to change the use set forth in the definition of Farm Stand. A use variance is defined in 12 NY Jur Buildings 324, as"authorization by a zoning board of appeals for the use of land for a purpose which is not otherwise allowed or is prohibited by the applicable zoning regulations". The question of whether a building is three or four sided is not its purpose, it is its nature of construction. An area variance is defined as a ZBA's authorization for the use of land in a manner not allowed by dimensional or physical requirements of the zoning code. The Code does not prohibit use of the land for a farmstand, but proscribes how it is to be constructed. The use is not prohibited, but has certain physical requirements from which this application seeks relief. The proposal does not seek a change in the essential use of the land, and should therefore be characterized as an area variance. 12 NY Jur Buildings 324. The Court of Appeals in National Merritt v. Weist, 41 NY 2d 438, 339 NYS 2d 379 (1977) characterized as an area variance an application to greatly increase floor area and building length while maintaining the mixed commercial uses permitted by the applicable zoning code. The standards employed to determine entitlement to a variance have since changed, but the area vs. use characterization has not. If this type of change is an area variance,then merely enclosing a fourth side of a building should be also. In Board of Appeals v. Village of East Hills, 136 AD 2d 548, 523 NYS 2d 548 (2nd Dept. 1988), a I fence built higher than permitted was deemed an area variance. Rather than an extra panel of fence,we have an extra wall. The intended use as defined by the Code, for selling of produce from the farm on which it is located, is not changing, only the physical characteristics of the building. Conversely, DeVore v. Cazalet, 68 AD 2d 17, 416 NYS 2d 282 (2"d Dept. 19790), which treated a 25% increase in building space as a use variance rather than an area variance, must be distinguished from our case. DeVore involved an application to build a 4 story office building in Nassau County in a commercial zone which permitted only two story buildings, and further requested reduction in parking spaces. The mere size of the project beyond that allowed by the ordinance did involve use variance criteria, whereas our building does not increase floor area or change the use. Similarly, in Crossroads v. Broz 4 NY 2d 39, 172 NYS 2d 129, 149 NE 2d 65 (1958), alteration of a non-conforming gasoline station to a large retail center was deemed a use variance, a factual situation far beyond ours. We believe our variance request is clearly an area variance because it pertains to physical characteristics which do not change the use of the property, either by the nature of the proposed variation or by virtue of extraordinary characteristics. W 4tLUGlulcu0 v� vwOo ;pox«l�rate� In the Mat Of CROssROADs RECREATION, INC., et f Lppellants, defeAdaxat against P. BRoz et al., Constituting -__ Board of is for seek- Appeals of the Village of Mount Kisco, Respondents. rangemexlts Submitted October '21, 1957; decided T'ebruaxy 28, 1958. needed the Be. In fact, Municipal corporations—zoning—variance—application for variance, on uses held by ground of '`hardship ", to tear down existing gasoline station as nou- r tenant ia1 conforming use and erect modern and much larger establishment properly denied—record does not show that land cannot Meld reasonable rot&h 'if and defend used only for purpose allowed in its zone—finding that there was failure of ,d the plain- proof as to "hardship" sustained by record. the State's 1. In 1945 the Building Zone Ordinance of the 'Village of Mount Kisco was 130, 1951, it ,' amended to prohibit the use of certain land owned by one of the petitioners as :ssion. The a gasoline station and the land was placed in a Business `°AN district Where only goes far in retail stores, real estate offices, etc., were permitted uses. prior thereto the ;e defendant property had been used, in part, 'for the operation of a gasoline station, Au tal from the = application to the building inspector of the village for permission to tear down the existing gasoline station and to erect a modern and much larger establish- j ment in its stead was denied. An appeal was thereupon taken to the Board of d requested Appeals of the village and an application was made for a variance on the t from seek-- ground of "hardship". The application for a varlanee was properly denied. ng. Indeed, Before the Board of Appeals can grant a variance on the ground of hardship, of April 30, it must be shown that the land in question cannot yield a reasonable return if of litigation used only for the purpose allowed in its zone. The record does not show that the land cannot yield a reasonable return if used only for a purpose allowed s, the State in that zone, h more than 2. The operation of the gasoline station, as it presently eSdsts as it noh- y before the conforming use, was a use which was allowed in that zone. Petitioners had the may not be burden of proving that the property would not yield a reasonable return if g silt or in used for a gasoline station, as it presently exists: The essential elements of :d below, the proof are lacking and there is no basis in the record whereby a reasonable ' return could be ascertained. The board's fording that there was a failure of ater expeeta- proof as to "hardship" is sustained by the record. ' atively early 8. The fact that the Board of Appeals had granted & gasoline station,located igation." across the street from petitioners' station, permission to moderhize, does hot t be affirmed, provide a basis for petitioners' insisting on a variance hero, and the denial of a variance was not arbitrary. 4. Since petitioners have not shown that the use of the property M it gasoline r with Judge station, as it presently exists, cannot yield a reasonable return, it is unneeeasary to consider the claim that the property if used for Business"A"purposes Would L and not yield a reasonable return because of inadequate parking facilities. judgmeentst oof f 5. Petitioners have failed to show that the Board of Appeals, in denying nting opinion the application for a variance, was not guided by the testimony of the witnesses produced before it. Matter of Crossroads Recreation v. Broa; 2 A D 2d 862, affirmed, i i CA5E avvres 0t)LY - DECl5100 NoT' 19C'Pt? ► nrre.L�) NC. v. WEIST 1579 w similarly so etas iging conditions ca persons who own 1 zone or use distric :ed right to that application for certain variances and to di- tions may be deemed to be self-created or lie interest demand rect granting of variances. The Supreme self-imposed, then showing of financial v. Village of Tarr Court, Westchester County, Robert J. Trai- hardship itself does not entitle owner to 96 N.E.2d 731, 73c nor, J., granted petition, and zoning board variance; on the other hand,fact that hard- Lrbitrariness,the dE of appeals appealed. The Supreme Court, ship is self-created does not foreclose ap- -rest is properly a Appellate Division, 50 A.D.2d 817, 376 N.Y. proval of area variance. officials. Nor does a vesTea r1gnE, now S.2d 571, reversed judgment, confirmed de- .m the filing of a declaration of cove- termination and dismissed petition, and ap- 5. Zoning (9-536 its and restrictions. Appellant has not peal was taken. The Court of Appeals, Once proof of significant economic in- formed any of the duties imposed by the Gabrielli, J., held that zoning board proper- jury resulting from zoning ordinance is ad- duced, burden of going forward with roof laration and, in fact, the town has au- ly denied property owner's request for area g g P rized its attorney to take the necessary variance allowing development of shopping that restriction is reasonably related to le- �� ps to obtain rescission of the covenants center greatly exceeding size limitations al- gitimate exercise of zoning power is upon I restrictions. Significantly, appellant lowable for retail stores in general business municipality; if, however, legitimate pur- not made any improvements in purport- zone, and that property owner failed to pose for restrictions is established, burden reliance on the prior industrial zoning. show beyond reasonable doubt that it was of demonstrating that area standard re- short, appellant has failed to demon- deprived of all reasonable use of property. strictions are unrelated to public health, ate entitlement to a declaration of un- Order of Appellate Division affirmed. safety and welfare and will not adversely istitutionality. affect surrounding community remains 4 Accordingly,the order of the Appellate (8-503 upon applicant for variance. PP 1. Zoning ✓ision should be affirmed. Variance, which was sought by proper- 6. Zoning (8-703 ty owner, which did not involve use prohib- On judicial review, following an adver- BREITEL, C. J., and GABRIELLI, ited by village zoning ordinance and which sary hearing at which both sides present NES, WACHTLER, FUCHSBERG and did not seek change in essential use of land, evidence, issue before court is whether ac- )OKE, JJ., concur. should be characterized as area variance. tion of zoning board on application for vari- Drder affirmed, with costs. 2. Zoning (8-503 ance is founded upon substantial evidence. In the usual case, a use variance will CPLR 7803, subd. 4. W have greater impact on community than 7. Zoning —507 o E KEY NUMBER SYSTEM T area variance, which does not involve use Where village produced unrebutted evi- prohibited by ordinance; however, magni- dente that variance sought by property 361 N.E.2d 1028 tude of desired area of variance, while owner would adversely affect traffic,drain- 41 N.Y.2d 438 within confines of permitted use, is signifi- age and development of regional shopping the Matter of NATIONAL MERRITT, ,1 cant factor since greater the variance from centers,and property owner, a sophisticated INC., Appellant, area restrictions, the more severe the likely developer of commercial properties, was V. impact upon the community. aware of difficulties attendant upon devel- )bert WEIST et al., Constituting the 3. Zoning c&-493, 536 opment of property as shopping center and oning Board of Appeals of the Village Property owner must demonstrate that zoning restrictions when it purchased prop- of Briarcliff Manor, Respondents. specific use permitted by zoning ordinance erty, financial injury incurred in developing for which he desires to utilize property will property as a shopping center did not in Court of Appeals of New York. not yield reasonable return if area standard itself mandate relief from zoning restric- Feb. 22, 1977. restrictions are imposed; however, if there tions and property owner's request for area is legitimate purpose for ordinance and it is variance to allow development of shopping reasonably related to public health, safety center that greatly exceeded size limita- Article 78 proceeding was brought to tions allowable for retail stores in general Tnul zoningboard's determination denying and welfare of community, financial loss is y g insufficient to compel granting of variance. business zone was properly denied. f�oning 8-497 8. Zoning 3-507 If hardship imposed upon property Flooding and drainage problems that owner as result of area standard restric- would result from development of shopping --- - •�••6•••�-o•."'U'VIuum,crud- sion but the Appellate Division reversed zoning board of appeals. In Matter of Full- ing Law and Practice [2d ed], § 18.43, pp. ture may not exceed 180 feet. Petitioner and reinstated the denial of the variance, ing v.Palumbo supra,p.33,286 N.Y.S.2d p. 62-63; 2 Rathkopf, Law of Zoning and sought a variance permitting it to erect a 50 A.D.2d 817, 376 N.Y.S.2d 571. 252,233 N.E.2d p.274 this court formulated Planning[3d ed],pp.48-17-48-20). Thus, one-story commercial structure containing a [1,21 Prefatorily, we point out that the rule that "where the property owner we have recently stated that "[f]inancial floor area of 180,500 square feet,the major portion of which would be divided ink since the variance sought in this case does will suffer significant economic injury by hardship then s one factor that may be not involve a use prohibited by the village the application of an area standard ordi- considered,but,by itself,is not determina- three Targe retail stores with floor areas of zoningordinance and does not seek a nance, that standard can be justified only 30,000,38,900 and 70,000 square feet respec- j Y Live" (Conley v. Town of Brookhaven Zon- tively. The over-all length of the proposed change in the"essential use of the land",it by a showing that the public health,safety ing Bd.of Appeals,supra,40 N.Y.2d p.315, structure would be 965 feet. As is evident, should be characterized as area variant and welfare will be served by upholding the 386 N.Y.S.2d p.684,353 N.E.2d p.598). To the dimensions of the Proposed (see Matter of Overhill Bldg. Co. v.Delany, application of the standard and denying the this extent then, Fulling is distinguishable p posed structure 28 N Y.2d 449, 453, 322 N.Y.S.2d 696, 699, variance." The owner must, therefore, from the aforecited cases and the instant r; greatly exceed those fixed by the ordinance. 271 N.E.2d 537 539; Matter of Wilv. demonstrate that the specific use permitted ithe iFulling, cox case since e petitioner un g pur_ 'i Petitioner urges, and it is not disputed, Zoning Bd, of Appeals of City of Yonkers, by the ordinance, for which he desires to chased the property before the zoning that the topography of the land creates a 17 N.Y.2d 249, 254, 270 N.Y.S.2d 569, 571, utilize the property,will not yield a reason- change rendered his parcel nonconforming severe hardship in the development of the 217 N.E.2d 633, 635; Matter of Village of able return if the area standard restrictions and many of the surrounding lots were subject property for shopping center pur- Bronxville v. Francis, 1 A.D.2d 236, 150 are imposed. However,if there is a legiti- alreadyLubstandard (Matter of Fulling v. f poses. The parcel contains numerous rock N.Y.S.2d 906, affd. 1 N.Y.2d 839, 153 N.Y. j mate purpose for the ordinance and 1t is Palumbo, supra, 21 N.Y.2d pp. 34, 35-36, outcroppings and sharp inclines up to 70 S.2d 220, 135 N.E.2d 724). As we have reasonably related to the public health, 286 N.Y.S.2d pp. 252, 253-254, 233 N.E.2d feet above the grade of Route 9 and the previously noted, the distinction is an im- safety and welfare of the community finan- pp 274, 275; see, also, Rowe St. Assoc. v. course of Sparta Brook, a natural stream portant one since, in the usual case, a use tial loss is insufficient to compel the grant- Town of Oyster Bay,34 A.D.2d 987,988,313 intersecting the property. -Petitioner thus variance will have a greater impact on the ing of the variance(see Matter of Overhill N.Y.S.2d 94, 96, aff'd 27 N.Y.2d 973, 318 maintains that a small scale"neighborhood" community than an area variance which Bldg.Co. v.Delany,28 N.Y.2d 449,454,322 N.Y.S.2d 502, 267 N.E.2d 277). i ♦1 shoppingcenter constructed in conformity does not involve a'use prohibited by the N.Y.S.2d 696, 699,271 N.E.2d 537,539, su- 1 with the zoning restrictions would not yield ordinance (see Matter ofWilcox v. Zoning pre) [5,61 Once proof of significant economic I a reasonable return on the owner's invest- Bd.of Appeals of City of Yonkers,supra,17 (4] Cases following Fulling have modi- injury s adduced the burden of goingfor- ward 11 ment due to the exorbitant cost of site N Y.2d p. 254, 270 N.Y.S.2d 571, 217 fled its broad boldin and have held that I j development,requiring a vast leveling oper- N.E.2d p. 635; Matter of Hoffman v. the manner in which tproof that the restriction s rea- he financial hardship with sonably related to a legitimate exercise of ation at a projected cost of nearly three Harris, 17 N.Y.2d 138, 144, 269 N.Y.S.2d arses is a relevant factor which may be the zoning power is upon the municipality million dollars. The zoning board denied 119, 123, 216 N.E.2d 326, 330). However, considered by the board. If the hardship (Matter of Fulling v. Palumbo, supra, 21 I;g the variance on the grounds that the estab the magnitude of the desired area variance, may be deemed to be a self-created or self- N.Y.2d pp.33--35,286 N.Y.S.2d pp.251-253, lshment of a large scale regional shopping while within the confines of a permitted imposed one then a showing of financial 233 N.E.2d pp. 273-275; 2 Anderson, op. center would(1) be harmful to the charac- use,is significant since the greater the vari- hardship itself does not entitle the owner to cit,§ 18.40,p.55). If,however,the legiti- ter of the surrounding area which consisted ante in area restrictions the more severe a variance. On the other hand, the fact mate purpose of the restrictions is estab- :II of residential and residentially zoned prop- the likely impact upon the community. In that the hardship is self-created does not lished, the burden of demonstrating that erties,(2)result in a hazardous traffic con- the instant case, for example, petitioner foreclose board approval of an area vari- the area standard restrictions are unrelated jdition on Route 9, (3) create flooding and seeks to utilize the property for a regionalance (see Conley v. Town of Brookhaven to the public health,safety and welfare and drainage problems for the village and the shopping center on a far larger scale than Zoning Bd.of Appeals,40 N Y.2d 309,315, will not adversely affect the surrounding surrounding area and(4)violate the village that permitted by the ordinance which envi- 386 N.Y.S.2d 681,684,353 N.E.2d 594,597; community remains upon the applicant (2 I� ! wetlands ordinance which prohibits the al- Bions the use of the property for nei hber- see also, Matter of Overbill Bldg. Co. v. Anderson,op.cit.,§ 18.43,p.59). Obvious- teration of natural watercourses such as hood retail stores serving onlythe immedi- Delany, supra, 28 N.Y.2d pp. 454-457, 322 ]y,the quantum of proof necessary to satis- iilr' Sparta Brook. Additionally, respondents ate localitypp. 703 271 N.E.2d 539- fy the above burdens varies with the mag- also reason that the neighboring,more tom- [3] Having concluded that this case con- 542; Matter of 113 Hillside Ave. Corp. v. nitude of the variance sought. Where the N.Y.S.2d 699- , . . pp. mercially developed Villages of Tarrytown cern an application fort an area variance,�♦a and Ossining both possess regional shopping Zaino,27 N.Y.2d 2.58,261-263,317 N.Y.S.2d change is slight, the more difficult it may centers and thus both Briarcliff Manor and ter look Fulling v.Palumbo,ti N.yed n Mat 305,306-308,265 N.E.2d 733,734-735; Con- be for the municipality to sustain its initial 4 tino v. Incoporated Vil. of Hepstead, 27 burden of establishing that the restriction is j the surrounding environs have no need for N.Y.S.2d 249,233 N.E.2d 272 and case,de- the development N.Y.2d 701, 314 N.Y.S.2d 15, 262 N.E.2d reasonably related to valid governmental p proposed by petitioner. tided after Fulling to determine whether 221, revg. on dissenting opn. at 33 A.D.2d interests. Conversely, where the change 1043,309 N.Y.S.2d 130; Comment, Impact sought is great,the more difficult it will be I. This figure is based on the required number of off-street parking units. i of Fulling on N.Y.Zoning Law,29 Rutgers for the applicant to demonstrate that the I , �II > X U { t six-foot-high:fence,- property owner MEMORANDUM BY THE COURT. Port Chester v. Zoning Bd of Appeals of tha titioner was in custod'y`wi- erec •" '_ Vil. of Port Chester, 110 A.D.2d 135, 137 the ; of the final-paragraph of p` filed Article 78 proceeding. The Supreme proceeding pursuant to CPLR article 78 nal 70.30(3) when"arrested'oii' ft a Court, Appellate Division,-held that board to review a determination of the respon- n., 493 N.Y.S.2d 481, a d 67 N.Y.2d 702, 499 N.Y.S.2d 927, 490 N.E.2d 846). Since 'sod krge, any distinction ,between iinproperlytreated variance as use variance dent Zoning Board of Appeals of the Vil- fences are permitted in the district in which tim. before and time served after and applied higher standard of "hardship" lage of East Hills, dated June 9, 1986, fon nencement of the'sentence'pi ' rather than appropriate standard of "prat- which, after a hearing, denied the petition- a' the petitioner's property is located with sun a invalid conviction is,' in oui Fig P P.rtY er's a lication for an area variance to ;3 only their height being regulated see, Vil- opii artificial one. -. -. tical difficulties in anal roe pp ! owner's showing, where fences were per- erecta six-foot-high fence upon portions of e. lage Code of Village of East Hills y g her property. § 214-14), the variance requested by the Vf ;de that because the petitioner :' witted in district with only their height was he.custody of the law ursuan ' being regulated. petitioner was an area variance, not a use Y p ADJUDGED that the petition is granted to,t ry conyietion when he was ar li variance. However,the respondent treated ;rest nd subsequently conv%ted`'of Petition granted, determination an- to the extent that the determination is an- the variance as a use variance and applied sods final 1 nulled, matter remitted. nulled,with costs, and the matter is remit i the higher standard of "hardship" rather Paragraph of Penal Law ted to the respondent for reconsideration than the appropriate standard of"practical § 7( squires that the petitioner r and the making of findings of fact in. ac- difficulties" in analyzing the petitioner's ceiv against the sentence imposed fF 1, Zoning and Planning X741 cordance herewith, in proper form, with I� showing (see, Matter of Fuhst a Foley, 45 purl the sodomy conviction for the 9 ,thre six months and one day,he was Supreme Court should not have trans- leave to the parties to present such other N.Y.2d 441, 445, 410 N.Y.S.2d 56, $82 Appellate Division proceeding and further proof as they may be advised. a N.E.2d 756; Matter of Consolidated Edi- inca pursuant to the unconstj:, ferred to :tion: red robbery conviction. We ;seeking review of determination of village [ll We note that since this proceeding son Co. of N.Y. v. Hoffman, supra, 43 ,they tuld reverse the 'ud en' zoning board of appeals prior to deternin- is to review a determination of a village i N.Y.2d at 606, 403 N.Y.S.2d 193, 374 J i -t of N.E.2d 10. an the: Court, Queens County, on"tlie iiig all issues in first instance. McKinney's zoning board of appeals, it should not have 5) d therefore its determination W, ild grant the petition. "s CPLR 7801. et seq., McKinney s Village been transferred to this court by the$u- I may not stand (see, Matter of Cowan v. + I;aw § 7=712, subd 3. preme Court, which should have deter- I Kern, 41 N.Y.2d 591, 598, 394 N.Y.S.2d Bl f.; concurs. e-503 mined all the issues in the first instance 579, 363 N.E.2d 305). 4i sues I: Zoning and Planning » Village Law § 7 712[3]). However, Further, the findings of fact recorded b O E KEY NUNBER smtM ..:�j'F • "Area Variance does not involve use (see, �. gs y T which is prolu'bited by zoning ordinance, in the interests of judicial economy,we will i the respondent were not supported by �.vi- while use variance involves permitting of decide the proceeding on the merits. I; dente on the record. If the respondent p The petitioner applied to the respondent was utilizing the knowledge of its members nse which is rohibited by zoning ordi- of conditions in the neighborhood in ques- 136 A.11.2d 548 ;,;;q for a variance to permit her to maintain the he Matter of Seta sr nance. I: ADJIAN, Petitioner, .t5 :� See publication Words and Phrases six-foot-high fence she had placed on por- I tion, it did so improperly; as it failed to for other judicial constructions and tions of her property. The respondent de- !; place such knowledge on the record (ser, ; , V. definitions Hied the application on the ground that the Matter. of Syracuse Aggregate Corp. v. ' e-503 g Weise, 51 N.Y.2d 278; 283-284, 434 N.Y. Th .D OF APPEALS OF the _:t- ;: 3. Zoning and Planning petitioner did not make the showing of GE OF EAST HILLS, t r Requested variance to erect six-foot "hardship" which is required in order to �' S.2d 150, 414 N.E.2d 651; Matter of Com- Respondent. high fence was ,area variance, not use obtain a use variance, and that permitting munity Synagogue v. Bates, 1 N.Y.2d 445, 454, 154 N.Y.S.2d 15, 186 N.E.2d 488; Mat- Si and village zoning board of ap- the fence to remain would cause the value Si ;curt, Appellate Division,i 'q",.' pals was required to use "practical diffi- of property adjoining that of the petitioner ter of Weidenhamer v. Bundschuh, 37 sond Department. «;i 3t m matter, rath- to depreciate and alter the essential charas- A.D.2d 720, 323 N.Y.S.2d 992). P ca�ties standard in analyzing P ~ol' er, than higher standard of "hardship," ter of the neighborhood. As the respon- ;: We have considered the other issues Jan. 11, 1988. �.',;; raised by the petitioner and find them to be 'here fences were permitted in district dent utilized an incorrect standard in reach- A ige zoning board of appealsf` 1"th only their height being regulated. ing its determination, and as there was without merit. denies ition for area variance toy'_' insufficient evidence on the record to sup 81 port that determination,we remit this mat Lowe ample used was obviously iateua- ' t Jaspan Ginsberg, Ehrlich, Reich & Lev- ter to the respondent ti O�SKEY NUNetR srsitwof ac I-encompassing for it speaks.only; $s;. ' Thomas j,epj� and Mi Garden City s• T� )uld also preclude credit agaii st.'i );ij ` I L. Charan, of counsel; Mark N. Al- [2,31 An area variance does not involve the s atence for the 257 days the peti- £ ia, .on the brief), for petitioner. a use which is prohibited by the zoning tion arcerated locally on the robb,66. =John F. Woog, Village Attorney, East ordinance while a use variance involves the charE :period was credited pursuaii4io, permitting of a use which is prohibited by ; Pena 130 Inst the sentence im , for respondent .,,, +� .._._� _ . .. -;- the zoning ordinance (see, Matter of Con- JWC.�, were aware of the lack of verifica- ber 1 in a box at the top v the ballot, :Zoning and Planning X539 ments were permitted on parcels of not less tion on April 28, 1979 (appellant Guarino) indicating the position being voted on, and Aesthetic considerations offered as jus- than eight acres. "i >tification for proposed variation from two- In March, 1977, Schumacher applied to and April 30, 1979 (the village appellants). a"213"under the pre-printed number 2. In 3 However, they made no mention of such our view, the "113" and the "2B" were fur- story ordinance, while worthy,were insuffi- the village Board of Trustees to rezone the fact on the return date of the order to show a ther indications or clarifications of the vot- :t cient to satisfy burden of demonstrating subject property from a R–M district to a C cause, April 30, 1979, at which time they er's choices and were (commercial) district. The application was Protested lack of personal service. Instead, voter's confusion due to the lack of bvotingthe need for area variance. granted. they waited until May 1, 1979,the day after squares. To declare the ballot invalid Santemma, Costigan & Murphy, P. C., right in such a Petitioner could remedy this defect, before would be to penalize the voter for the error The uses permitted as of ri h raising the issue. Mineola (George B. Costigan, Jr., Mineola, commercial district are (1) office buildings I made by the election officials in not provid- of counsel), for appellants. for business and professional use and (2) We believe that Special Term properly ing a proper absentee ballot (see Matter of banks and financial institutions. I concluded that this delay, in a summary De Santis v. Pedone, 61 A.D.2d 1136, 402 Lapp, Schacher & Bradie, Cedarhurst J proceeding such as this, constituted a waiv- '(Michael Bradie, Cedarhurst, of counsel), In December, 1977, intervenor X-Cell, as N•Y.S.2d 886 affd. 45 N.Y.2d 799, 409 N.Y, contract vendee of the subject premises, j' er. Pursuant to CPLR 3022 a F' for respondents. party may S•2d 10, 381 N.E.2d 183). applied to the village building inspector for treat an unverified pleading as a nullity " Rathkopf & Rathkopf, Glen Cove (Arden a building permit to construct an office provided he gives notice with due diligence H. Rathkopf, Glen Cove, of counsel), for building thereon. to the attorney of the adverse party that he `4 intervenors-respondents. ') elects so to do" (emphasis added). Due 7 KEYNUMRERSYSIEM On December 7, 1977 the Building Inspec- > Before SUOZZI, J. P., and LAZER, GU- for denied the application on seven grounds diligence has been variously interpreted as i "immediately" (Siegel, Practice Commenta- LOTTA, SHAPIRO and COHALAN, JJ. including the following: (1) the lot con- ji ries, McKinney's Cons. Laws of N.Y., Book tained only 1.75 acres instead of 5 acres; (2) 7B, CPLR 3022 2 68 A.D.2d 17 SUOZZI, Justice Presiding. the plans showed a four-story building in- 7B, P. 396)and "within twen- ty-four hours" (Matter of O'Neil v. Kasler, In the Matter of Gilbert DEVORE et }. This is a proceeding pursuant to CPLR stead of a two-story building; and (3) the it 53 A.D.2d 310, 315, 385 N.Y.S.2d 684 687. al., Appellants article 78, inter alia, to review a determina- plans showed 193 off-street parking spaces, !; Since appellants did not notify petitioner astion of the respondent Board of Zoning each 9 by 20 feet, while for the proposed to the lack of verification until they had V. Appeals of the Incorporated Village of four-story building and its planned 38,480 served their answers,and did not raise such Henry CAZALET, Chairman, et North Hills, dated February 27,1978,which square feet of gross floor area (30,784 defect in their motions to dismiss, which al., Respondents, granted certain area variances to the inter- square feet of net floor area),205 off-street were based upon the lack of personal juris- venors-respondents. The petitioners appeal parking spaces, each 10 by 20 feet in size and `-seefrom a judgment of the Supreme Court, were required. CPLR 3211, subd. [e]; Matter of Neil diction, this objection has been waived ( :X-Cell Realty Associates, a partnership, Nassau County, which, inter alfa, dismissed On December 9, 1977, X-Cell and Schu- O' v. Kasler, supra), et al., Intervenors-Respondents, the petition. macher (the latter is a member of the vil- I; lage Board of Trustees)applied to the board [2] Turning to the merits, in our opin- ion, 1. Height Variance—four Supreme,Court, Appellate Division, In our view, the respondent board erred, for the following variances: Ii ion, the ballot in question was improperly Second Department. as a matter of law, in granting the interve- four stories instead voided. An examination of the absentee May 14, 1979. nors' application for area variances. of the two permitted by the Building ballot shows that it was not prepared in The subject parcel, triangular in shape, Zone Ordinance. conformity with section 7-122 of the Elec- has a frontage on the west side of New 2. Off-street parking variance-193 tion Law. It did not contain a voting Petitioners brought proceeding to re_ Hyde Park Road of 361.8 feet and a total spaces in lieu of 205 spaces. square within which the voter's "X" or"✓" view determination of the village board of area of 1.75 acres. It is bounded on the 3. Variance providing for one loading mark could be inserted to indicate his choice zoning appeals which granted certain area northwest by the right-of-way of Northern berth instead of four. of a candidate. Rather, the absentee ballot variances to intervenors. The Supreme State Parkway and the southwest by a ser- 4. Variance permitting parking or load- in question was a facsimile of a ballot as it Court, Nassau County, Angelo D. Roneallo, vice road and exit of the Northern State ing facilities to be located inside land- would appear on a voting machine. Not- J> dismissed petition, and petitioners ap- Parkway. It was purchased by intervenor soaped areas. Di- withstanding this defect,the instruction for pealed. The Supreme Court, A Schumacher in or about 1964. At that time Appellate Di- 5. Variance permitting the diminution ' the absentee ballot directed that the voter vision, Suozzi,J. P., held that aesthetic con- the property was in a two-acre residential ofg arkin spaces to a typical parking 1 building zone. p P i "make a single X or check ✓ mark in the siderations, while worthy, were insufficient space width of 9 feet as opposed to a voting square above the name of the Candi- to satisfy intervenors' burden of demon- In September, 1970,the Inco . I - p Incorporated Vil- width of 10 feet as required by the vil- date." The voter who cast this particular strating need for area variance. lage of North Hills (hereinafter village) re- lage ordinance. absentee ballot, in addition to placing an Reversed. zoned the subject parcel and placed it in a 6. Variance permitting development in a "X" over the two candidates of his choice, Shapiro and Cohalan, JJ., dissented. R–M district in which cluster residential commercial district on less than five - housing, town houses and garden apart- acres, namely, 1.75 acres. ....,..•. �..•aua111a61011 of th pQ]V1A1VI. ate, k- '—,. � feet in depth at the east side of the lot utes of the hearing before the boaid rQ from the record how the interve- annulled for the additional reason that un- I ! line and 3 feet in depth on the north and a complete failure of roof b ear ved at the figure of 30,784 square der the guise of seeking several area vari- i;. south lot lines instead of the 15 feet P P Y the aim arrl ! 1 i ' required by the village's regulations for Hors with regard to either practical `` or "net commercial space", we have antes the property owner has succeeded in '! commercial districts. ties or unnecessary hardship in buil fed their figure which is 2096 less than obtaining an unauthorized 25% increase of two-story commercial building withthen •gross commercial area, for the pur- permissible building space from 30,800 to A hearing was held on the application. uisite parking spaces in accordancewith ,of this appeal. The building zone 38,480 square feet and has thereby effec- The petitioners, who are individual unit village zoning ordinance. Ij owners and the board of managers of a "' a7c►ce calls for 20% coverage, i. e., tively expanded the permissible use of the of condominium which is located on the east At the hearing, the architect whb.;.�`.'° rcentage of the plot or lot area 'building. In achieving this increase to ;I a.: g. S side of New Hyde Park Road directly oppo- fled for the intervenors failed to by the building area" (Id. article building area by this area variance route site the subject parcel a pe P y sub par. 19 property gr ppeared and object- competent roof, b financial datafo '`3 ,ction 3.1, subdivision B, p ). thewas anted the additional i ed to the proposed variances. Pert testimony, that atwo-sto ry bu> ce the intervenors were, in our view, benefit of a relaxation of the parking re- The Board of Zoning Appeals built in accordance with the ed to a variance from the five-acre quirements, not only as to size but as to g Ppe granted the zoning requested variances subject to approval of nance would present a practical or ment to the 1.75 acres, the 2090 cov- number of spaces, necessitated by the in f hardship. The architect in his ,requirement would allow a two-story creased building area. Such a change does the proposed site plan by the village Plan- teatime Hiempow- ng Board. Special Term affirmed the merely gave an aesthetic justification'';o ing.under the ordinance with each sto- not qualify as the classic area variance board's determination. the proposed variation from the two.g I� retaining a maximum of are square which zoning boards of appeals are ry, it In granting the intervenors' application, ordinance. The architect testified: 4 or a total of 30,800 square feet(using ered to grant. Quite to the contrary, it the board characterized the requested vio However,if we were to go to two st9 h• urement of approximately 44,000 more akin to either a use variance for whien antes as "all area variances". Clearly, the as per your zoning, I think we wouldiy. e,feet per acre, one and three-quarter insufficient proof was adduced, ora rezon- criticized by the community. We- I do equals approximately 77,000 square ing which boards of zoning appeals are not 1T; „ crucial variance sought by the intervenors Twenty percent coverage would al- empowered to grant. ji II was for the erection of a four-storybuilding be criticized by the Town Board, byi. : q With respect to the issue of standing as opposed g Board of Zoning Appeals for not le$ ch story to contain 15,400 square feet II !I ppo ed to the two-story requirement of gam)• If we accept the intervenors' which was raised by the respondents, Spe- e the zoning ordinance. open space and green area and tin,,' create a mass, a huge block 20 r- d"own or ratio between net commercial tial Term, citing Matter of Douglaston Civ- the' In granting this variance,the board,in its g ce' ' Wand gross commercial space, the is Assn. v. Galvin,36 N.Y.2d 1,364 N.Y.S.2d I ' the total coverage of this site whi$` °t•of net commercial space in a build- 830, 324 N.E.2d 317 and Matter of Dairylea findings of fact, found that "the practical enormous." 1 ; difficulties encountered by the applicant " iiforming to the maximum require- Coop. y Walkley,38 N.Y.2d 6,377 N.Y.S.2d 1� are produced by the size, shape and topog- These aesthetic considerations while w of the zoning ordinance would be S 451, 339 N.E.2d 865, properly rejected that �I kI rophY of the parcel and cannot be obviated thy, are insufficient to satisfy the inter.. -square feet. Since the zoning ordi- argument and noted that there has been an i; by any feasible method other than the vari- nors' burden of demonstrating the nee ':calls for one parking space for every is enlargement in recent years of the right to antes herein applied for"and in its"Conclu- an area variance. Apart from a self-gee . uare feet of net floor area, a building challenge administrative action Indeed, 1;111 sions and Decisions" found that "[i]t was ing conclusory statement by the inti ng to the zoning ordinance would it is only through the enlargement of the uncontroverted at the hearing that it would Y as to the need for a Varian, F parking P ' Hors attorney uare 164 arkin spaces. Yet, the concept of standing enunciated by be economically impractical to erect a 2 t the architect's testimony constituteds.t, mors failed to show either that a Court of Appeals in Douglaston and Da. story building within the limitations of the sum total of the intervenors' testiniofi': story building with 164 parking spaces lea (supra) that illegal or improper deter- I' Ordinance." I; The complete failure of the intervene `be practically difficult or by "dollars minations of zoning boards of appeals of 'f'i By this language the board was apparent- case can be further corroborated from'ttlit cents" proof that it would constitute a which the instant matter is a classic exam- cant ficant economic hardship (see Matter le, have been effectively monitored and ly attempting to satisfy the requirements own figures. The plans for the four-s: P }^` sroads Recreation v. Broz, 4 N.Y.2d successful) thwarted. i� for the granting of an area variance, i. e., a building proposed by the intervenors';. Y showing of "practical difficulties or unnec- for a gross floor area of 38,480 square.`' '172 N.Y.S.2d 129, 132, 149 N.E.2d 65, 1 essar hardship" 'Judgment of the Supreme Court, Nassau Y p (see Matter of Village of and a net floor area of 30,784 square f'` 'Matter of Cowan v. Kern, 41 N.Y.2d ! P �I � '394 N.Y.S.2d 579, 363 N.E.2d 305, su- County,dated August 28, 1978,reversed,on Bronxville v. Francis, 1 A.D.2d 236,238, 150 Under the village zoning ordinance,: the law, without costs or disbursements, il+ N.Y.S.2d 906, 908, affd. 1 N.Y.2d 839, 135 commercial space is defined as "[tjhe sp l';: petition anted, determination annulled if N.Y.S.2d 220, 135 N.E.2d 724; Conley v. in a given commercial buildingused for; rdin 1 the ud ent of S tialgr Town of Brookhaven ZoningBd. of A ' g y' 1 and application for area variances denied p- principal use to which the building is p „1 f.must be reversed, the determination except that the variance permitting devel- peals, 40 N.Y.2d 309, 386 N.Y.S.2d 681, 353 g.offices in an office building,selling sp,� 'e board granting several variances opment on 1.75 acres rather than 5 acres-is N.E.2d 594; Matter of National Merritt v. in a department store), excluding a:_` be annulled and the application must Weist 41 N.Y.2d 438 393 N.Y.S.2d 379, 361 used for storage, utilities, and other acres; enled, except that the variance permit- Slanted• N.E.2d 1028; Matter of Cowan v. Kern 41 sort' functions” (Village of North Hifdevelo pment on 1.75 acres rather than k `'' N.Y.2d 591, 394 N.Y.S.2d 579, 363 N.E.2d Building Zone Ordinance article III sectio. "'es should be granted. LAZER and GULOTTA, JJ., concur. FORM NO. 3 o 0 NOTICE OF DISAPPROVAL DATE: November 30, 2004 AMENDED: March 4, 2005 AMENDED: June 30, 2005 AMENDED: September 12, 2005 AMENDED: October 5, 2005 TO: East End Design Associates (Niamonifakis/Rozenbaum) 5130 Main Bayview Road a C� Southold, NY 11971 L I Please take notice that your application dated November 23, 2004 For permit to construct and operate a farm stand at U" Location of property 7540 Main Road, East Marion, NY County Tax Map No. 1000 - Section 31 Block 6 Lot 28.1 Is returned herewith and disapproved on the following grounds: The proposed construction on an 18.75-acre farm parcel with three front yards, in the AC zone, is not permitted pursuant to Article III, Section 100-32, which states, "No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C, R-80, R-120 R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking Schedule incorporated into this chapter with the same force and effect as if such regulations were set forth herein full." According to bulk schedule the proposed construction requires a front yard setback of 60 feet. Following the proposed construction, the farm stand will have a front yard setback of+/- 15 feet(from Cedar Lane) and+/- 6 feet(from a proposed 25' right of wav). In addition the proposed farm stand is not permitted pursuant to Article I, Section 100-13,which defines a farm stand as "Any structure open to the weather on at least one side, used for the sole purpose of retail sale of produce grown by the owner of the stand on farm acreage within the Town of Southold. Such structure may be one-story or less, roofed or have partial walls and flooringbut not be completely enclosed except when the business is closed. A farm stand may not be insulated or mechanically heated or cooled by permanent equipment. A truck bed or trailer on wheels, with areas in excess of 20 square feet displaying produce, shall be considered a farm stand." The proposed farm stand is fully enclosed, constitutes 1'/2 stories. Therefore, it does not meet the town's definition of a farm stand. In addition, if the variance is granted as applied for, parking for the farm stand would require planning board approval, pursuant to Chapter 47-3, G., which states, "The site plan shall provide one parking space for every 100 square feet of stand and greenhouse area, in a location approved by the Planning Board." This Notice of Disapproval was amended on March 4, 2005, to remove the need for a setback variance from Cedar Lane, following new information presented to this department that notes that the applicant has no access rights to that right of way. This Notice of Disapproval was further amended on June 30, 2005 to revert back to the original disapproval at the request of the applicant. This Notice of Disapproval was amended on September 12, 2005 to include the need for planning board approval. This Notice of Disapproval was amended on October 5, 2005 after the applicant amended the plan to rsawve a ro insulate the buildin . ori ed Si /ure CC: file, Z.B.A. Note to Applicant: Any change or deviation to the above referenced application may require additional review from the Southold Town Building Department. OWLA" OF1IC1.S WICKHAM, BRESSLER, GORDON & GEASA P.C. 13015 MAIN ROAD. PO BOX 1424 M WICKI IAM(06-02) h1 1111UCK. LUNG 15LAND MELVILLE,OFFICE: ERIC.1 BRI•SSI.LR NFW YORK 11952 275 BROAD HOLLOW RD ABIGAIL A. WICKIIAM SUI'T'E I I I LYNNE M.GORDON ---- Mid VILLE., N Y 11747 JANE I GFASA 631-298-8353 ---- Il I I I AX NO 631-298-8565 631-249-9480 I-AX NO 9-9484 October 23, 2006 RECOVED Town of Southold Zoning Board of Appeals cc, 2 4 2006 53095 Main Road, Post Office Box 1 179 ?,T6q f Southold, New York 11971 O�OApp OF A1?PEALs ZON1N Re: Rozenbaum, Serge and Susan Premises: S/E cor Main Road and Cedar Lane, East Marion, New York SCTM # 1000-31-6-28.1 Appeal No. 5691 Ladies, Gentlemen: Pursuant to your request, I enclose the Part l Project Infonnation for the Long Form Environmental Assessment Form, seven sets. Please be advised that my initial application incorrectly stated that Southold Town owned the development rights to the farm. The County of Suffolk owns the development rights. Thank you for your consideration. Ver 1 r Ab ' n igail A. Wickham 461b� 1416-2 (9/95)-7c 617.20 SEAR Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequent- ly, there are aspects of a project that are subjective or unmeasureable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature,yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components•. The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially- large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE—Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: O Part 1 O Part 2 OPart 3 Upon review of the information recorded on this EAF(Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.' ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. A Conditioned Negative Declaration is only valid for Unlisted Actions Name of Action Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer(If different from responsible officer) Date 1 PART 1—PROJECT INFORM_ __ _ON Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. NAME OF ACTION M ZCN SA0M FAR m srA I,tD LOCATION OF ACTION(Include Street Address,Munlcipallty and County) SSE Cod. (Ylair� Rd Ce c1CLY' n� E t u oLk CsU A/Y NAME OF APPLICANT/SPONSOR BUSINESS TELEPHONE SeRcTE R0ZEA1SgUm d SUsAhI -ROZE l>�AV ADDRESS o 86 ' a► � Wickham Po Z CITY/Po " STATE ZIP CODE m ITU CIC y 11952 NAME OF OWNER Of different) BUSINESS TELEPHONE ADDRESS ( ) CITYIPO STATE ZIP CODE DESCRIPTION OF ACTION ERf-CT VP�RM 5T/ 0D w•if1n InS u f FI 01,1eof Vr-on�-4 and s4ioacks on a corner 6t• Please Complete Each Question—Indicate N.A. if not applicable A. Site Description Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: OUrban Olndustrial OCommercial OResidential (suburban) ORural(non-farm) C1 Forest agriculture OOther 2. Total acreage of project area: acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) 15 acres /4. 7 acres Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres 3 acres Other (Indicate type) acres acres 3. What is predominant soil type(s) on project site? It vent leld�T/ `o a. Soil drainage: $'Well drained 100 % of site OModerately well drained % of site OPoorly drained % of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres. (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? OYes XNo a. What is depth to bedrock? 1�/A (in feet) 2 + 5. Approximate percentage of pri !d project site with slopes: P30-10%_ 0 _% 010-15% % 015% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? OYes ®No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? OYes RNo 8. What is the depth of the water table? 2'11 + (in feet) 9. Is site located over a primary, principal, or sole source aquifer? CZYes ONo 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? OYes RNo 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? OYes XNo According to Identify each species 12. Are there any unique or unusual land forms on the project site? (i.e., cliffs, dunes, other geological formations) OYes CKNo Describe 13. Is the project site presently used by the community or neighborhood as an open space f�ppr recreation area? CRYes IvNo If yes, explain I2 acees of c�eVelapYneh� r-4-Ll- dWMCI by loontL4 of SUfo(k 14. Does the present site include scenic views known to be important to the community? KYes ONo 15. Streams within or contiguous to project area: /�/A a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name /4/A b. Size (In acres) 17 Is the site served by existing public utilities? I$Yes ONo a) If Yes, does sufficient capacity exist to allow connection? UYes []No b) If Yes, will improvements be necessary to allow connection? 5&Yes ONo 18. Is the site located in an agricultural district certified, pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? ®Yeses 0No * afpl1'ccLt'0V\ PkAc1`nca 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? OYes 1KNo 20. Has the site ever been used for the disposal of solid or hazardous wastes? OYes 9No B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor I'S acres. b. Project acreage to be developed: '3 acres initially; 3 acres ultimately. c. Project acreage to remain undeveloped �a-- acres. d. Length of project, in miles: _1 (.I A (If appropriate) e. If the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing 0 ; proposed g. Maximum vehicular trips generated per hour r '6 Odf (upon completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium Initially O Ultimately oZ 1 1 i. Dimensions (in feet) of largest proposed structure 5 hei t; 2g width; 3—— length. j. Linear feet of frontage along a public thoroughfare p oject wi I occupy is? ft. 3 2: How much natural materia rock, earth, etc.) will be removed fron site? tons/cubic yards 3. Will disturbed areas be reclaimed? OYes `ANo ON/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? OYes ONo c. Will upper subsoil be stockpiled for reclamation? OYes ONo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? -} 3 acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? OYes -)&No 6. If single phase project: Anticipated period of construction months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year, (including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? OYes ONo 8. Will blasting occur during construction? OYes )�No 9. Number of jobs generated: during construction ; after project is complete 10. Number of jobs eliminated by this project 0 11. Will project require relocation of any projects or facilities? ❑Yes l RN If yes, explain 12. Is surface liquid waste disposal involved? OYes 9No a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. is subsurface liquid waste disposal involved? ®Yes ❑No Type ,'Link �eac�Inq 14. Will surface area of an existing water body increase or decrease by proposal? OYes 1$No Explain 15. Is project or any portion of project located in a 100 year flood plain? OYes RJNo 16. Will the project generate solid waste? Dyes ANo Ll- a. If yes, what is the amount per month tons b. If yes, will an existing solid waste facility be use ? OYes ONo c. If yes, give name location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? OYes MNo e. If Yes, explain 17. Will the project involve the disposal of solid waste? OYes ®No a. If yes, what is the anticipated rate of disposal? tons/month. 0b. If yes, what is the anticipated site life? years. 18 Will project use herbicides or pesticides? OYes ONo 19. Will project routinely produce odors (more than one hour per day)? OYes _RNo 20. Will project produce operating noise exceeding the local ambient noise levels? OYes kNo 21. Will project result in an increase in energy use? ZYes ONo If yes , indicate type(s) @ec+V)C,, Watley- 22. If water supply is from wells, indicate pumping capacity DI gallons/minute. 23. Total anticipated water usage per day 11pi t C al_ gallons/day. 24. Does project involve Local, State or Federal funding? OYes ®No If Yes, explain 4 25. Approvals Required: - Submittal Type Date City, Town, Village Board OYes 5QNo City, Town, Village Planning Board OYes ONo -nm) City, Town Zoning Board RYes ONo %trKwK0, Z Zpgj City, County Health Department (DYes ONo V16V'/9dn'dM!2j Other Local Agencies OYes I&No Other Regional Agencies ❑Yes ®No State Agencies OYes ®No Federal Agencies OYes fgNo C. Zoning and Planning Information 1 Does proposed action involve a planning or zoning decision? XYes ONo If Yes, indicate decision required: Ozoning amendment ,®zoning variance ❑special use permit ❑subdivision Osite plan Onew/revision of master plan ❑resource management plan ❑other 2. What is the zoning classification(s)of the site? AC 3. What is the maximum potential development of the site if developed as permitted by the present zoning? Z 51=R + �c c essovc( � act slrucl-�J�S 4. What is the proposed zoning of the site? AC- 5 C5 What is the maximum potential development of the site if developed as permitted by the proposed zoning? savne-- 6 Is the proposed action consistent with the recommended uses in adopted local land use plans? gYes ONo 7. What are the predominant land use(s) and zoning classifications within a '/4 mile radius of proposed action? AaricvEtu►��a �esicRevr�-�o..,! 8 Is the proposed action compatible with adjoining/surrounding land uses within a '/4 mile? MYes ONo 9 If the proposed action is the subdivision of land, how many lots are proposed? AjJ \ a. What is the minimum lot size proposed? 10 Will proposed action require any authorization(s) for the formation of sewer or water districts? OYes MNo 11 Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? B)Yes ONo a. If yes, is existing capacity sufficient to handle projected demand? ®Yes ONo 12. Will the proposed action result in the generation of traffic significantly above present levels? OYes IANo a. If yes, is the existing road network adequate to handle the additional traffic? Kyes ONo D. Informational Details Attach any additional information as may be needed to clarify your project_ If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my knowledge. Applicant/Sp or Nam fZ KOZ N m Date lo�loh�b Signatur ' Title If the action in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. 5 Part 2—PROJECT IMPACTS AND THEIR MAGNITUDE Responsibility of Lead Agency General Information (Read Carefully) • In completing the form the reviewer should be guided by the question: Have my responses and determinations been reasonable? The reviewer is not expected to be an expert environmental analyst. • The Examples provided are to assist the reviewer by showing types of impacts and wherever possible the threshold of magnitude that would trigger a response in column 2. The examples are generally applicable throughout the State and for most situations. But, for any specific project or site other examples and/or lower thresholds may be appropriate for a Potential Large Impact response, thus requiring evaluation in Part 3. • The impacts of each project, on each site, in each locality, will vary. Therefore, the examples are illustrative and have been offered as guidance.They do not constitute an exhaustive list of impacts and thresholds to answer each question. • The number of examples per question does not indicate the importance of each question. • In identifying impacts, consider long term, short term and cumlative effects. Instructions (Read carefully) a. Answer each of the 20 questions in PART 2. Answer Yes if there will be any impact. b. Maybe answers should be considered as Yes answers. c. If answering Yes to a question then check the approprlate box(column 1 or 2) to Indicate the potential size of the impact. If impact threshold equals or exceeds any example provided, check column 2. If impact will occur but threshold Is lower than example, check column 1. d. Identifying that an impact will be potentially large (column 2) does not mean that it is also necessarily significant. Any large impact must be evaluated in PART 3 to determine significance. Identifying an impact in column 2 simply asks that it be looked at further. e. If reviewer has doubt about size of the impact then consider the impact as potentially large and proceed to PART 3. f. If a potentially large impact checked in column 2 can be mitigated by change(s)In the project to a small to moderate Impact, also check the Yes box in column 3. A No response indicates that such a reduction Is not possible. This must be explained in Part 3. 2 3 Small to Potential Can Impact Be IMPACT ON LAND Moderate Large Mitigated By 1 Will the proposed action result in a physical change to the project site? Impact Impact Project Change Examples that would apply to column 2 ONO OYES • Any construction on slopes of 15% or greater, (15 foot rise per 100 ❑ ❑ C1 Yes ❑No foot of length), or where the general slopes in the project area exceed 10%. • Construction on land where the depth to the water table is less than ❑ ❑ C3 Yes ❑No 3 feet. • Construction of paved parking area for 1,000 or more vehicles. ❑ ❑ ❑Yes C1 No • Construction on land where bedrock is exposed or generally within ❑ ❑ ❑Yes C3 No 3 feet of existing ground surface. • Construction that will continue for more than 1 year or involve more ❑ ❑ ❑Yes ❑No than one phase or stage. • Excavation for mining purposes that would remove more than 1,000 ❑ ❑ ❑Yes ❑No tons of natural material (i.e., rock or soil) per year. • Construction or expansion of a sanitary landfill. ❑ ❑ ❑Yes ❑No • Construction in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts ❑ ❑ ❑Yes ❑No 2 Will there be an effect to any unique or unusual land forms found on the site?(i.e., cliffs, dunes, geological formations, etc.)ONO OYES • Specific land forms: ❑ ❑ ❑Yes ❑No 6 1 2 3 Small to Potential Can Impact Be IMPACT ON WATER Moderate Large Mitigated By 3 Will proposed action affect any water body designated as protected? Impact Impact Project Change (Under Articles 15,24, 25 of the Environmental Conservation Law, ECL) ONO DYES Examples that would apply to column 2 • Developable area of site contains a protected water body. ❑ ❑ (--]Yes ❑No • Dredging more than 100 cubic yards of material from channel of a Cl ❑ []Yes ❑No protected stream. • Extension of utility distribution facilities through a protected water body. ❑ ❑ ❑Yes El No • Construction in a designated freshwater or tidal wetland. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ El Yes El No 4. Will proposed action affect any non-protected existing or new body of water? ONO DYES Examples that would apply to column 2 • A 10% increase or decrease in the surface area of any body of water ❑ ❑ ❑Yes E-1 No or more than a 10 acre increase or decrease. • Construction of a body of water that exceeds 10 acres of surface area. ❑ ❑ []Yes ❑No • Other impacts: ❑ ❑ ❑Yes C-1 No 5. Will Proposed Action affect surface or groundwater quality or quantity? ONO DYES Examples that would apply to column 2 • Proposed Action will require a discharge permit. ❑ ❑ ❑Yes ❑No • Proposed Action requires use of a source of water that does not ❑ ❑ ❑Yes ❑No have approval to serve proposed (project) action. • Proposed Action requires water supply from wells with greater than 45 ❑ ❑ ❑Yes ❑No gallons per minute pumping capacity. • Construction or operation causing any contamination of a water ❑ ❑ []Yes No supply system. • Proposed Action will adversely affect groundwater. ❑ ❑ ❑Yes []No • Liquid effluent will be conveyed off the site to facilities which presently ❑ ❑ ❑Yes []No do not exist or have inadequate capacity. • Proposed Action would use water in excess of 20,000 gallons per ❑ ❑ ❑Yes ❑No day. • Proposed Action will likely cause siltation or other discharge into an ❑ ❑ []Yes ❑No existing body of water to the extent that there will be an obvious visual contrast to natural conditions. • Proposed Action will require the storage of petroleum or chemical ❑ ❑ Dyes ❑No products greater than 1,100 gallons. • Proposed Action will allow residential uses in areas without water ❑ ❑ []Yes ❑No and/or sewer services. • Proposed Action locates commercial and/or industrial uses which may ❑ ❑ ❑Yes ❑No require new or expansion of existing waste treatment and/or storage facilities. • Other impacts: ❑ ❑ ❑Yes []No 6. Will proposed action alter drainage flow or patterns, or surface water runoff? ONO DYES Examples that would apply to column 2 • Proposed Action would change flood water flows. ❑ ❑ 7 []Yess C1 No r 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Proposed Action may cause substantial erosion. ❑ ❑ ❑Yes ❑No • Proposed Action is incompatible with existing drainage patterns. ❑ ❑ ❑Yes ❑No • Proposed Action will allow development in a designated floodway. ❑ ❑ ❑Yes ❑No • Other impacts: ❑ ❑ []Yes ❑No IMPACT ON AIR 7 Will proposed action affect air quality? ONO OYES Examples that would apply to column 2 • Proposed Action will induce 1,000 or more vehicle trips in any given ❑ ❑ ❑Yes ❑No hour. • Proposed Action will result in the incineration of more than 1 ton of ❑ ❑ ❑Yes ❑No refuse per hour. • Emission rate of total contaminants will exceed S lbs. per hour or a ❑ ❑ ❑Yes ❑No heat source producing more than 10 million BTU's per hour. • Proposed action will allow an increase in the amount of land committed ❑ Cl ❑Yes ❑No to industrial use. • Proposed action will allow an increase in the density of industrial ❑ ❑ ❑Yes ❑No development within existing industrial areas. • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ONO OYES Examples that would apply to column 2 • Reduction of one or more species listed on the New York or Federal ❑ ❑ ❑Yes ❑No list, using the site, over or near site or found on the site. • Removal of any portion of a critical or significant wildlife habitat. ❑ ❑ F-1 Yes ❑No • Applicafion of pesticide or herbicide more than twice a year, other ❑ ❑ ❑Yes ❑No than for agricultural purposes. • Other impacts: ❑ ❑ ❑Yes ONo 9. Will Proposed Action substantially affect non-threatened or non-endangered species? ONO OYES Examples that would apply to column 2 • Proposed Action would substantially interfere with any resident or ❑ ❑ ❑Yes ❑No migratory fish, shellfish or wildlife species. • Proposed Action requires the removal of more than 10 acres ❑ ❑ C1 Yes ❑No of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES 10. Will the Proposed Action affect agricultural land resources? Examples that would apply to column 2 ONO OYES • The proposed action would sever, cross or limit access to agricultural ❑ ❑ ❑Yes ❑No land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 8 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change • Construction activity would excavate or compact the soil profile of ❑ ❑ Cl Yes El No agricultural land. • The proposed action would irreversibly convert more than 10 acres ❑ ❑ []Yes ❑No of agricultural land or, if located in an Agricultutal District, more than 2.5 acres of agricultural land. • The proposed action would disrupt or prevent installation of agricultural ❑ ❑ ❑Yes E-1 No land management systems (e.g., subsurface drain lines, outlet ditches, strip cropping); or create a need for such measures (e.g. cause a farm field to drain poorly due to increased runoff) • Other impacts: ❑ ❑ ❑Yes ❑No IMPACT ON AESTHETIC RESOURCES 11 Will proposed action affect aesthetic resources? ONO DYES (If necessary, use the Visual EAF Addendum in Section 617.20, Appendix B.) Examples that would apply to column 2 • Proposed land uses, or project components obviously different from ❑ ❑ (--]Yes ❑No or in sharp contrast to current surrounding land use patterns, whether man-made or natural. • Proposed land uses, or project components visible to users of ❑ ❑ ❑Yes ❑No aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. • Project components that will result in the elimination or significant ❑ ❑ ❑Yes ❑No screening of scenic views known to be important to the area. • Other impacts: ❑ ❑ ❑Yes []No IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12 Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? ONO DYES Examples that would apply to column 2 • Proposed Action occurring wholly or partially within or substantially ❑ ❑ ❑Yes ❑No contiguous to any facility or site listed on the State or National Register of historic places. • Any impact to an archaeological site or fossil bed located within the ❑ Cl ❑Yes 0 N project site. • Proposed Action will occur in an area designated as sensitive for ❑ ❑ ❑Yes ❑No archaeological sites on the NYS Site Inventory. • Other impacts: El E-1 Dyes ❑No IMPACT ON OPEN SPACE AND RECREATION 13 Will Proposed Action affect the quantity or quality of existing or future open spaces or recreational opportunities? Examples that would apply to column 2 ONO OYES • The permanent foreclosure of a future recreational opportunity. ❑ ❑ ❑Yes ❑No • A major reduction of an open space important to the community. ❑ ❑ ❑Yes C-1 No • Other impacts: ❑ ❑ ❑Yes C1 No 9 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14 Will Proposed Action impact the exceptional or unique character- istics of a critical environmental area (CEA) established pursuant to subdivision 6 NYCRR 617 14(g) ? LINO ❑YES List the environmental characteristics that caused the designation of the CEA. Examples that would apply to column 2 • Proposed Action to locate within the CEA? ❑ ❑ ❑Yes ❑No • Proposed Action will result in a reduction in the quantity of the resource? ❑ ❑ E]Yes []No • Proposed Action will result in a reduction in the quality of the resource? ❑ ❑ ❑Yes [:]No • Proposed Action will impact the use, function or enjoyment of the ❑ ❑ 11 Yes ❑No resource? • Other impacts. ❑ ❑ ❑Yes ❑No IMPACT ON TRANSPORTATION 15 Will there be an effect to existing transportation systems? ONO DYES Examples that would apply to column 2 • Alteration of present patterns of movement of people and/or goods ❑ ❑ ❑Yes ❑No • Proposed Action will result in major traffic problems ❑ ❑ ❑Yes ❑No • Other impacts ❑ Cl C1 Yes ❑No IMPACT ON ENERGY 16 Will proposed action affect the community's sources of fuel or energy supply? ❑NO ❑YES Examples that would apply to column 2 • Proposed Action will cause a greater than 5% increase in the use of ❑ ❑ ❑Yes No any form of energy in the municipality • Proposed Action will require the creation or extension of an energy ❑ ❑ []Yes ❑No transmission or supply system to serve more than 50 single or two family residences or to serve a major commercial or industrial use. • Other impacts- ❑ ❑ L7_Yes ❑No 10 r 2 3 NOISE AND ODOR IMPACTS Small to Potential Can Impact Be 17. Will there be objectionable odors, noise, or vibration as a result Moderate Large Mitigated By of the Proposed Action? ONO OYES Impact Impact Project Change Examples that would apply to column 2 • Blasting within 1,500 feet of a hospital, school or other sensitive ❑ ❑ ❑Yes C1 No facility. • Odors will occur routinely (more than one hour per day). Cl ❑ []Yes ❑No • Proposed Action will produce operating noise exceeding the local Cl ❑ []Yes C-1 No ambient noise levels for noise outside of structures. • Proposed Action will remove natural barriers that would act as a ❑ ❑ ❑Yes ❑No noise screen. • Other impacts: ❑ ❑ C1 Yes ❑No IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and safety? ONO OYES Examples that would apply to column 2 • Proposed Action may cause a risk of explosion or release of hazardous ❑ ❑ []Yes C-1 No substances(i.e.oil, pesticides, chemicals, radiation, etc.)in the event of accident or upset conditions, or there may be a chronic low level discharge or emission. • Proposed Action may result in the burial of"hazardous wastes" in any Cl ❑ C1 Yes ❑No form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) • Storage facilities for one million or more gallons of liquified natural ❑ ❑ []Yes 0 N gas or other flammable liquids. • Proposed action may result in the excavation or other disturbance ❑ ❑ []Yes 0 N within 2,000 feet of a site used for the disposal of solid or hazardous waste. • Other impacts: ❑ ❑ F-1 Yes ❑No IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19 Will proposed action affect the character of the existing community? ONO OYES Examples that would apply to column 2 • The permanent population of the city, town or village in which the Cl ❑ Dyes ❑No project is located is likely to grow by more than 5%. • The municipal budget for capital expenditures or operating services ❑ Cl ❑Yes ❑No will increase by more than 5% per year as a result of this project. • Proposed action will conflict with officially adopted plans or goals. Cl ❑ ❑Yes ❑No • Proposed action will cause a change in the density of land use. ❑ ❑ []Yes ❑No • Proposed Action will replace or eliminate existing facilities, structures ❑ Cl ❑Yes ❑No or areas of historic importance to the community. • Development will create a demand for additional community services ❑ ❑ ❑Yes ❑No (e.g. schools, police and fire, etc.) • Proposed Action will set an important precedent for future projects. ❑ Cl ❑Yes El No • Proposed Action will create or eliminate employment. ❑ ❑ ❑Yes ❑No • Other impacts: 1. ❑ ❑ ❑Yes ❑No 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts? ONO OYES If any action In Part 2 is Identified as a potential large impact or if you cannot determine the magnitude of Impact, proceed to Part 3 11 r Part 3—EVALwATION OF THE IMPORTANT OF IMPACTS Responsibility of Lead Agency Part 3 must be prepared if one or more impact(s) is considered to be potentially large, even if the impact(s) may be mitigated. Instructions Discuss the following for each impact identified in Column 2 of Part 2: 1 . Briefly describe the impact. 2. Describe(if applicable)how the impact could be mitigated or reduced to a small to moderate impact by project change(s). 3 Based on the information available, decide if it is reasonable to conclude that this impact is important. To answer the question of importance, consider: • The probability of the impact occurring • The duration of the impact • Its irreversibility, including permanently lost resources of value • Whether the impact can or will be controlled • The regional consequence of the impact • Its potential divergence from local needs and goals • Whether known objections to the project relate to this impact. (Continue on attachments) 12 14.14.11(9195}-9c 617.20 S EQ R Appendix B State Environmental Quality Review Visual EAF Addendum This form may be used to provide additional information relating to Question 11 of Part 2 of the Full EAF. (To be completed by Lead Agency) Distance Between Visibility Project and Resource (in Miles) 1. Would the project be visible from: 0-1/4 '/4-'/z 1/2-3 3.5 5+ • A parcel of land which is dedicated to and available Cl ❑ ❑ Cl ❑ to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? • An overlook or parcel of land dedicated to public ❑ ❑ Cl ❑ ❑ observation, enjoyment and appreciation of natural or man-made scenic qualities? • A site or structure listed on the National or State ❑ ❑ ❑ ❑ ❑ Registers of Historic Places? • State Parks? ❑ ❑ ❑ ❑ ❑ • The State Forest Preserve? ❑ ❑ ❑ ❑ ❑ • National Wildlife Refuges and state game refuges? ❑ ❑ ❑ ❑ ❑ • National Natural Landmarks and other outstanding ❑ ❑ ❑ ❑ ❑ naturalfeatures? • National Park Service lands? ❑ ❑ ❑ ❑ ❑ • Rivers designated as National or State Wild, Scenic ❑ ❑ ❑ ❑ ❑ or Recreational? • Any transportation corridor of high exposure, such ❑ ❑ ❑ ❑ ❑ as part of the Interstate System, or Amtrak? • A governmentally established or designated interstate ❑ ❑ ❑ ❑ ❑ or inter-county foot trail, or one formally proposed for establishment or designation? • A site, area, lake, reservoir or highway designated as ❑ ❑ ❑ Cl ❑ scenic? • Municipal park, or designated open space? ❑ ❑ ❑ ❑ ❑ • County road? ❑ ❑ ❑ ❑ ❑ • State? ❑ ❑ ❑ ❑ ❑ • Local road? ❑ ❑ ❑ ❑ ❑ 2. Is the visibility of the project seasonal?(i.e., screened by summer foliage, but visible during other seasons) ❑Yes No 3. Are any of the resources checked in question 1 used by the public during the time of year during which the project will be visible? ❑Yes C1 No 1 DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within *'/a mile *I mile Essentially undeveloped ❑ ❑ Forested ❑ ❑ Agricultural ❑ ❑ Suburban residential ❑ Industrial ❑ Commercial ❑ ❑ Urban ❑ ❑ River, Lake, Pond ❑ ❑ Cliffs, Overlooks ❑ ❑ Designated Open Space (� ❑ Flat ❑ ❑ Hilly ❑ ❑ Mountainous ❑ ❑ Other ❑ NOTE: add attachments as needed 5. Are there visually similar projects within: ''/z mile 11 Yes El No *I miles ❑Yes ❑No '2 miles ❑Yes ❑No '3 miles 11 Yes 11 No ' Distance from project site are provided for assistance. Substitute other distances as appropriate EXPOSURE 6. The annual number of viewers likely to observe the proposed project is NOTE: When user data is unavailable or unknown, use best estimate. CONTEXT 7. The situation or activity in which the viewers are engaged while viewing the proposed action is FREQUENCY Holidays/ Activity Daily Weekly Weekends Seasonally Travel to and from work [] ❑ ❑ ❑ Involved in recreational activities ❑ ❑ ❑ ❑ Routine travel by residents ❑ ❑ ❑ ❑ At a. residence ❑ ❑ ❑ ❑ At worksite ❑ ❑ Other ❑ ❑ ❑ 2 61721 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESMENT FORM For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) SERGE ROZENBAUM and SUSAN ROZENBAUM 3. Project location Municipality County East Marion/Southold Town Suffolk 4. Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) F100(S/Ecorner Main Road and Cedar Lane, -31-6-28.1 5. Is proposed action . (X)NEW ( ) EXPANSION ( )MODIFICATION/ALTERATION 6. Describe project briefly: Proposed farm stand—28 X 35 including deck and overhang 7. Amount of land affected: Initially: 2 acres in 15 acre farm acres: Ultimately: Same acres: 8. Will proposed action comply with existing or other existing land use restrictions:( )YES (X)NO If no,describe briefly Setback variance and enclosure interpretation required from ZBA, % 9.What is present land use in vicinity of project: (describe): (X)Residential ( )Industrial ( )Commercial (X)Agricultural ( )Park/Forest/Open Space ( )Other 10 Does action involved a permit approval or funding,now or ultimately from any other Governmental agency, (Federal,State,Local)9 ( )YES (X)NO If Yes,list agency(s)and permit/approvals: 11. Does any aspect of the action have a currently valid permit or approval? NOV ( )YES (X )NO If Yes,list agency(s)and permit/approvals: 12.As a result of proposed action,will existing permit/approval require modifict1on? ( )YES (X)NO If Yes, list agencv(s)and permit/approvals: I certify that the information provided above is true to tl:e best of my knowledge Applicant/SName: SERGE and SUSAN ROZENBAUM -Date- Signature: fh, If the action is ioastal Area, and you area state agency, complete Coastal Assessment Form before proceeding with this assessment. 1 t PROJECT AREA If M1h / dip y �ORNE d � Oen IVES g �a6 SPRING POND e� PINE FLEE ►' MAP 1 "=600' Pl - n ��11 ' • • �•r.��►��xr�r.►��yx.:rcrrr�.lx�►n�x�- • Complete iteos 1�2,Grid S.#Jsb-ddmplOtd A Sig ure item 4 If Restricted Delivery is desired. d Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. R ived by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, oro nt if space permits. D. ad from Item 1? ❑Yes 1. to: 7,ente-rddress below: ❑No yp \\5�� vd{w Rao�oQ 3: =Y j _ ^_ ` , �' /I h 1 Ceitlfleti t1Aa11 ❑Express Mail Registered ❑Return Recelpt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted DelNeyl(Extra Fee) ❑Yes 2. Article Number 7005 3110 0000 0995 1823 (ftnsfer from servke label) PS Form 3811,February 2004 Domestlo Return Receipt - - --— _102595o241-1540 UNITED STATES P(Wij*ffM6W'rtllr„I,�r,t �r �r �,�lI4l # r:r-i` :• ` 1 First-Claf�s -� • '- Postage&Fees Paid USPS Permit No.G-10 • Sender. Please print your name, address, and ZIP+4 in this box • RECE1VEp Noy 2 9 WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATATUCK, N.Y 11952 1 � ■ Complete items 1,2,and 3.Also complete -_ A Signa - Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse 'Z54L- ❑Addressee so that we can return the card to you. B. R adby(Pr► ted Name) C. Dat of�iv�ry ■ Attach this card to the back of the mailplece, or on the front if space permits. 14 D. Is delivery address different from Item 1? ❑❑Y 1. Article Addressed to: If YES,enter delivery address below: ttLN0 3. Service Type VVN`Y\nCertified Mall 13Express Mail Registered ❑Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 3110 0000 0995 1861 (transfer from service MW PS Form 3811,February 2004 Domestic Return Receipt 102595-02401.1540 UNITED STATES �f)S�f'llr r rr rJ►r►�t�it�rfrrr�� I► + n r!j'in��►rr� EE'' First-Class Mail Postage&Fees Paid USPS Permit No.G-10 ' Sender: Please print your name, address, and ZIP+4 in this box • RECEIVED NOV t T WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD,PO.BOX 1424 MATTITUCK, KI 11952 y=f�1�I • •. tr•��rar�ci��yx.•rr•�.•r•�.•r.�y�t�v ■ Complete items 1,2,and 3.Also complete A. S' u item 4 if Restricted Delivery is desired. / ❑ X t ■ Print your name and address on the reverse / Addressee so that we can return the cans to you. B. R by ) C. Date of Delivery ■ Attach this card to the back of the mailplece, or on the front If space permits. c� 1. Article Addressed to: D. Is delivery address d'dferent from item 11 ❑Yes If YES,enter delivery address below: )iLNo 3. Service Type G " QCmtffW Man ❑Express Mail 111,� ❑ egistered ❑Return Receipt for Merchandise ❑insured Mall ❑C.O.D. 4. Restricted Delivery?(Exna Fee) ❑Yes 2. Article Number 7005 3110 0000 0995 1809 (Transfer from sendoe 1aW PS Form 3811,February 2004 Domestic Return Receipt 102595o244-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address4d ZIP+4 in this box • WICKI'!W,BRESSLER,CORDON&GEASA,P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTIIUCK, N.Y. 11952 �R7 •u� •� <KU�4/�INI��/FYCY3N/CUJLi7JI�ly/1%�� ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑ ent ■ Print your name and address on the reverse J14JA, Adder so that we can return the card to you. B Received by Printed Name) C. Date Delivery ■ Attach this card to the back of the mailpiece, �`Y� /�-=c��s — 6 �O� or on the front if space permits. �f D. Is delivery address different from item 1? 13 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 3. Service Type q:�Certlfied Mail ❑Express Mail CI vr\1 i1� �jv1 ❑Registered ❑Return Receipt for Merchandise V l lJ 1 ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 3110 0000 0995 1762 (Harter from sendoe fabeo PS Form 3811,February 2004 Domestic Return Receipt 102595.022-M-1540 t r fr t t►tef�ferlt�ff�f�uf� t� � t' ►jilt u��fef� UNITED STATES PWfW>��W1VE First-Class Mail Postage&Fees Patd USPS Permit No.C-l0 • Sender. Please print your name, addres �ZIP+4 in this box • RECEIVED �G4 M'-11KHAM,BRESSLER,GORDON&GEASA,P.C. 1?015 MAIN ROAD, P.O.BOX 1424 MATTITUCK, N.Y. 11952 ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery Is desired. X /L Agent ■ Print your name and address on the reverse J9,Addressee so that we can return the card to you. B. Red by(Printed N C. Date of Delivery ■ Attach this card to the back the mailpiece, G FN� CO)W �/-1(o GZ or on the front if space permits. D. Is delivery address different from Item 17 E3 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Com �h 1 a n 3 Service Type uW NO ertified Mail ❑Express Mali egistered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 1 4. Restricted Deliver)?(Extra Fee) ❑Yes 2. Article Number 7005 3110 0000 0995 1717 (ftnsfer from service kb" Ps Form 3811,February 2004 Domestic Return Receipt 102595-02.4-1640 UNITED STATES POSTAL SERVICE First-Class Mail Postag USPSe&Fees Paid Permit No.0-10 • Sender: Please print your name, address, and ZIP+4 in this box • RFCc' WICKHAM,BRESSLER,GORDON A GEASA,P.C. G`�Q 13015 MAIN ROAD,P.O.BOX 1424 �!/y MATTITUCK, NA 11952 rr •u� •� �.r.�mr�rsr�rrw�ysirr.�.•rrr•»t�v- ■ Complete items 1,2,and 3.Also complete A Signature Item 4 if Restricted Delivery Is desired. ❑Agent X ■ Print your name and address on the reverse IgAddressee so that we can return the card to you. Received by(Printed Nang) C. Date of Delivery ■ Attach this card to the back of the mailpiece, ou ( //�G or on the front if space permits. D. Is delivery address different from item 1? 13 Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No �-D - � 3. Service Type Certified Mail ❑Express Mail Registered ❑Return Receipt for Merchandise ` �� ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 705 311 X000 X995 1854- (Transfer from serfte raW Ps Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender. Please prinfttzrn e, address, and ZIP+4 in this box • AFD IVO p y 7, WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK, N.Y. 11952 ittilllat�iltiaallalttata��littta�ftta�t+tftfita�tttlatitlatl� -"?I• • • t�Zi :7i• / lI6YC7X•l/L•L�L•L7�77IP/�C� ■ Complete items 1,2,and 3.Also complete A. Sig Item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X Addressee so that we can return the card to you. Ived b P Name C. Date of Delivery � ■ Attach this cans to the back of the mallpiece, "- or on the front if space permits. 1. Article Addressed to: D. Is delivery add ressiffegeFit from item 1? crvew If YES,enter del ery�ddress below: ❑No l(� :IBJ' ' 9 TO 3 Service Type -- Certified Mail ❑Express Mall /�„``� ,,^„►ry \�� 11 Q�l Registered ❑Return Receipt for Merchandise 13 Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 3110 0000 0995 1878 (transfer from service fabe� PS Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mall Postage&Fees Paid USPS Permit No.G-10 • Sender. Please print your name, address, and ZIP+4 in this box • ,,CKNAM,BRESSLER,GORDON&GEASA,PC- 13G15 MAIN ROAD, P.O.BOX 1424 MATTITUCK, N.Y. 11952 RECEIVEV? t,nV 1006 •�� . •► tKU4r9I�/ /ID69UxN/Gh�LKAI•l�t/17 �' ■ Complete items 1,2,and 3.Also complete A Sig��;� Rem 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Dat of Delivery ■ Attach this card to a the back pea roof the mailpiece, FRO �! or on the front ifs ace D. Is delivery address different from item 1? 171 Yes 1. Article Addressed to: ' If YES,enter delivery address below: ❑No l `� 3 Service Type 11gy Certified Mail ❑Express Mail Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?IZDrtra Fee) ❑Yes 2. Article(71ans rfromNumber 7005 3110 0000 0995 1724 (Transfer from service later) PS Form 3811,February 2004 Domestic Return Receipt 102595-024A-1540 UNITED STATES POSTAL SERVICE First-Class Mall Postage&Fees Paid USPS Permit No.d-90 • Sender. Please print your name, address, and ZIP+4 in this box • WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD,P.O. BOX 1424 MATTITUCK, N.Y. 11952 RI)I) - � : •//' _ . <K�7�►/yINI�/'/!.`LYYN/UIlr(iy�Ly�APl7a' ■ Complete items 1,2,and 3.Also complete A Signet Item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse ddressee so that we can return the card to you. Ived by(Printed Name) C. Date of Delivery ■ AttacFi this card to the back of the mailplece, KC(,(S��f ��—/�j '��o or on the front if space permits. D. I delivery address different from Item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No Qin 3 Ser `vice Type ` - ress Mail fl 1 1 LIRegistered ❑R all Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7 p p 5 311 0 0 0995 17 31 (Transfer from sendce label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 UNITED STATES POSTAL SERVICE First-Class Mall Postage&Fees Paid USPS Permit No.G-10 • Sender. Please print your name, address, and ZIP+4 in this box • RECE�yED NOV 2006 WICKHAM,BRFSSLER,GORDON&GEASA,PC. 13015 MAIN ROAD, P.O.BOX 1424 MATTITUCK, N.Y. 11952 �tttilttt�t�t�ttt�tttttit�llttt�t�tt't tttit1)tlttltltltt1lilt 11 0 wig ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. Agent 1111Print your name and address on the reverse X 0 Addressee so that we can return the card to you. g ecely by(PH Name) C. D e of ivery ■ Attach this card to the back of the mailpiece, 5 S 5 ( �; DLA or on the front if space permits. D. Is delivery address different from Item 1? 0 Yes 1. Article Addressed to. If YES,enter delivery address below: 0 No 3. Service TypeItIll - Certmed Mail 0 Express Mall 13-Registered 0 Return Receipt for Merchandise 1 1 1 0 insured Mail 0 C.O.D. 4. Restricted Delivery?(Extra Fee) 0 Yes 2. Article Number 7005 3110 0000 0995 1830 Marler from service kLw PS Form 3811,February 2004 Domestic Return Receipt 102595-02-WI540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • WICKHAM,BRESSLER,GORDON If GEASA,PC- 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK, N.Y. 11952 - I,,,li��!lISI,��l�L��I�lii„�l�I��i�lt+,i��i,�I�Lf��iti��li 0e VWZ,0-S69WI ldp-u-mold olmwoa b00Z Aieruge=l'L L8£WJ0=l Sd b691[ 5660 0000 02TE 50-0z fi �WGG 110n'W'�� Je9WnN e1013A/ 'Z seA❑ (--4$7x3)Ltienllea PGIOP U 'b 'a'0'0❑ IIBW peinsul❑ V f 1 yp� eslPuB4—W jo;ldleaea wnlea❑ PeIelslsea❑ IIBW sse7dx3❑ UeW pe edAj soltueS E ON❑ :Moleg SMPPB tieMieP Jelue'S3.1 A :01 PesseJPPV elogiv 'L SPA❑ L L well U-1 l QXUP smPPB tien!lep sl 'Cl s;IuLed eoeds;I;u07;ay;uo Jo 'eoeldllew 841;0 NON 04101 WO s!4l 40eAV ■ NGAIP94 elea 'O (_N Pe7upd)SCG PGAI_! 'a *nog(o;prep ey;wn;aj ueb Gm W4;os Ges" PV esJeneJ ey;uo ssa�ppe pus auisu ino�(;uud ■ ;ue �! ✓ ` •pWIsep sl fGenllea mopiseu;!4 well eun -y e;eldwoo osly•£pue'Z'L swell ejoldwop ■ .l.�ldr�C.1P[. .. .. . -Jr.II(•xLaZYL9�I��r►r,�r•��laeLL�� UNITED STATES POSTAL SERVICE 1.:y1R W T!`ONA BEA" 9„e FIL 31-2.1 It 20 NOV ?1"Wx P • Sender: Please print your name, addre*k ZI is box �jV�D HO V ? ' WnM".BRmR,WWN&cum,Pc. 13015 MART ROAD,PO.BM 1424 MAMIUC(,Ift 11952 )IIfill ►lll►ll11111►„1►III.Jill,I'll 01►►I►►i,Id"I,I„tt A ■ Complete items 1,2,and 3.Also complete re item 4 if Restricted Delivery Is desired. ❑Agent ■ Print your name and address on the reverse 11� d so that we can return the card to you. 14"— byT�lr C. Dat ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is delivery address 81flerent Item 1? CLAft 1. Article Addressed to: It YES,enter delivery add b,*W; -A," j.-53�) T—D M) 1l y Sij�Li"C) 3. IN�ffied Mair ❑Express Mail , b`� ❑ ggwuw d ❑.RdtaMA' 'dipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article"umber 7��5 3110 0000 0995 1847 (Transfer from service label) PS Form 381 1,February 2004 Domestic Return Receipt 102595024A-1540 UNITED STATES P j c.-f sto V-'A USPS • Sender: Please print your name, address, and ZIP+4 in this box • V�ICK+i A+f�,O,t�SS�tiZ,GORUCN � D NU V [ O MW- 13015 W.13015 MAIN ROAD, F.O.BOX 1424 466+ MATTITUCK, N.Y 11952 _�=+ �.=.�i.� . l�„ll,l�iil,l,,,l�i►,�i:ill,,,i,l„lti„tt,��l,i�l„1�l,�il ■ Complete items 1,2,and 3.Also complete A re item 4 if Restricted Delivery is desired. LO_ry ❑Agent ■ Print your name and address on the reverse i ^❑Addressee so that we can return the card to you. B. Received by(Ap&�'- ,� Date of Delivery r ■ Attach this card to the back of the mailpiece, i g�7� or on the front if space permits. D. Is delivery edfrom item 1? ❑Yes 1. Article Addressed to: 1 ' If YES,enter el eryd ad w % ❑No Vw 3 Service Type Certified Mall ❑Express Mall C i v Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 3110 0000 0995 1687 (rhV9der from service b Ps Form 3811,February 2004 Domestic Return Receipt 102595-024&1540 UNITED STATES POSTAL SERVICE First-Class Mail _ . !Mage&Fees Paid -PwTit o.G-10 • Sender: Please print your name, address, and ZIP+4 int this bpi'• RECEIVED tvu V �� WiCKNAM,BRESSLER,GORDON EGA .0 M15 MAIN ROAD,P.O.BOX 1424 NATMUCK. 11952 ■ Complete items 1,2,and 3.Also complete A. &97�� Item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse dresses so that we can return the cans to you. C. Dat of livery ■ Attach this card to the back of the mailpiece, /C �G r or on the front If space permits. D. Is delivery address different from Item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: ❑No 3. ice Type �ServCertified Mail ❑Express Mall ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery/1 Pft Fee) ❑Yes 2. Article Number 7005 3110 0000 0995 1779 (Transfer from service label) Ps Form 3811,February 2004 Domestic Return Receipt 102595.02-M-1640 UNITED STATES POSTAL SP-RVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD, P.O.BOX 1424 MATTITUCK, N.xAlo � I! III-!!flI1qI4 it 1„111111;n1sl.,'f4f.I!-fit 1!11,1.-1,1,:11 ■ Complete items 1,2,and 3.Also complete A Sig item 4 If Restricted Delivery is desired. &� Ont 1111 Print your name and address on the reverse X u�'Addressee so that we can return the card to you. B. v n une) C Date of Delivery ■ Attach this card to the back of the mailpiece, - or on the front if space permits. D. Is deliv address different from item 1? Yes 1. Article Addressed to: H YES,enter delivery address below: O No T>C tACQ- m A o prehac.Q Macre Ma f)qn v1 3. Service Type �� 1A 7 Certified Mail ❑Express Mall ❑Registered ❑Return Receipt for Merchandise ❑Insured Mall ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 3110 0000 0995 17 9 3 (itansW from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-W1540 UNITED STATES PosWlgEQHE "I...I'}-SIT fret-Class Mall Postage&Fees Paid USPS Permit No.G-10 • Sender. Please print your name, address, and ZIP+4 in this box • RECE►VED r 2006 WICK}{AM,BRES N ROAD,GORDON P.0 BOX 1424,P.C. 13015 MA MARITur N.Y. 11952 � • • • • •� •� •3r•PIx'� ■ Complete items 1,2,and 3.Also complete A. ure Item 4 if Restricted Delivery is desired. X U��et ■ Print your name and address on the reverse dresses so that we can return the card to you. WUIIj Ted by(Printed ) C. Dale of Delivery ■ Attach this card to the back of the mailplece, rn t � I J on the front If space permits. D. Is delivery address different from Item 17 ❑Yes 1. 06 Addressed to: If YES,enter delivery address below: 0 No O•_ 3. Service Type q Certified Mail ❑Express Mall ` 0 r)vi N l ❑ eglstered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number 7005 3110 0000 0995 1816 (Transfer from service labeo Ps Form 3811,February 2004 Domestic Return Receipt 102595-0244-1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • RECEIVED NOV WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK, N.Y. 11952 ■ Complete items 1,2,and 3.Also complete A. S at LI item 4 if Restricted Delivery is desired. X f Ag - ■ Print your name and address on the reverse v4 so that we can return the card to you. B. a��T,uJ��d/� apt ame) C. Data of Del very ■ Attach this card to the back of the mailpiece, lis or on the front if space permits. G/ 1.// D. Is delivery address different from item Vf ❑Ybs 1. Article Addressed to: If YES,enter delivery address below: 0 No O'M,-t 6j J. 'ti' (;hC, tie. b'CIS, 3. Service Type ��(►['Vr" `-' ` o-N t CN Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise v ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Exna Fee) ❑Yes 2. Article Number 7005 3110 0000 0995 1700 (AwWw from service tabu PS Form 3811,February 2004 Domestic Return Receipt — - — 102595-02-WI 540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.G-10 • Sender: Please print your name, address, and ZIP+4 in this box • LER GORDON&GEASA,P.C. FQ NAV ? WICKHAM,BRESS 0 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK, N.Y. 11952 it„III IIJill Itpill I,IIIfII1fI,1tit11li,r,ItIII IIfifItIitIfoil ARN ■ Complete items 1,2,and 3.Also complete A Sign Item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverse X ❑Ad so that we can return the card to you. iv y(Pdn ) e of Dal ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is deOwbry address dffferent ' 17 1. Article Addressed to: If YES,enter delivery address 3. Service Type Certified Mail ❑Express Mail �Q r) V) Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Exfia Fee) ❑Yes 2. Article Number 7005 3110 0000 0995 1748 (fiansfer ftm service kfto PS Form 3811,February 2004 Domestic Return Receipt 102595-024&1540 UNITED STATES POSTAL SERVICE First-Class Mail Postage&Fees Paid USPS Permit No.Co-10 • Sender: Please print your name, address, and ZIP+4 in this box • WICKHAM,BRESSLER,GORDON&GEASA,P.C. 13015 MAIN ROAD, P.O.BOX 1424 MATTITUCK, N.Y. 11952 RECEnif-7 NIy020 Postal (DomesticCERTIFIED MAIL,,, RECEIPT Only; Provided) 03 1 For delivery information visit our website at wwvw.uspsxom�� ra `r Ir I S000§41117CIAL Ir o Postage $ $0.31) 0952- C3 certified Fee $x.40 06 Postmark C3 Retum Receipt Fee Here C3 (Endorsement Required) $1.85 p '*Restricted Delivery Fee r.9 (Endorsement Required) $0.00 r:l M Total Postage&Fees 1$ $4.64 11/15/2.006 Ln Sent To l^)'Wt�,�) $beet,ilpt.Na;-T 1 ---/-� -------------------- or PO Box No. cny stare,zt 1n 1 l PS Form =rr Postal (DomesticCERTIFIED MAIL,,, RECEIPT cOFor delivery information visit our website at www.usps.com;,a , F OFF '3 O Postage $ OCertified Fee �2 O Return Receipt Fee co C3 (Endorsement Required) z Park p M 'Aestrlcted Delivery Fee Y � (Endorsement Required) V > J r- / O_ M Total Postage&Fees Ln 0 0 1 --Bch L. 0 5.:..--- --•-------- ----------- or PO Box No. 0o 1 I uL, 11 3 P$Form 3800.Jurre 0022 Postal 2- CERTIFIED MAIL,,, RECEIPT (DomesticLn For delivery information a oma- E � 1 E u 0 Postage $ $0.39 0952 C3 Certified Fee (� O $2.40 Postmark 06 Retum Receipt Fee M (Endorsement Required) $1,r Here O Restricted Delivery Fee rq (Endoreement Required) $0.00 r-1 rn Total Postage&Fees $ $4.64 11/15/2006 Ln Sent To r� srreer,Apr.-o.; ---- ----- ---- or PO Box No. Q = OVO------------------------------------- PS Form State,LP+4 t^�� 11 :r. June 2002 Postal (DomesticCERTIFIED MAIL. RECEIPT ca a For delivery information visit our w-ebsite at www-usps.co Ln Cr- E o- p Postage $ $0.39 0952 po Certlfied Fee $2.40 06 Postmark C3 Return Receipt Fee Here E:3 (EndorsementRequlred) $1.65 M 'Restricted Delivery Fee r-R (Endorsement Required) $0.00 r-q m Total Postage&Fees $ $4.64 11/15/2006 Ln Sent To C3 O%k Sp ►va.;a . ------------ or PO Box No. CA st � ) U �1t`r. �O c;y;ate: .. 6' - t- PS Form :.r JL1110 A02 Postal m CERTIFIED MAIL,,, RECEIPT (DomesticrLj Only; rl For delivery information visit our website at www.uspsxom,� oma- �OAPYR*C Er- C3 Postage $ $0.39 0952 M Certified Fee $2.40 06 C3 Postmark M Return Receipt Fee Here O (EndorsementRequlred) $1.85 rC3 (E ors naR11 quired) $000 rl �T► total Postage a FeestJ:L11/15/2006 C3 DAfCP O r 3°fieet,Apt No.; \ ` I t or PO Box No. �� 1 �`dQ V\S�J1� rD t' ----------------- -�.._ ..._.....__ ..._..._..... ---------- PS Form 3800,June Smote,Z! 2002 Postal o CERTIFIED MAILT. RECEIPT (DomesticOnly; Provided)r--3 tion visit our website at WWW.USpS.CoMr-. "� •r delivery E M t'ROY 1 Er- C3 Postage $ $0.39 0952 M Certified Fee $2.40 06 C3 Postmark 0 Return Receipt Fee Here M (Endorsemen Required) $1.85 Q 'Restricted Delivery Fee r-a (Endorsement Required) $0.00 r-R M Total Postage&Fees 1$ $4.64 11/15/2006 Ln C3 ent To ' - ------------------------ M1 S4ieef,ApENo.; or PO Box No. cib stere ...=Q, ------12 -------------------------- :zi ..- PS Form 8003 .June 2002 Postal (DomesticCERTIFIED MAIL,. RECEIPT ra For Ln T Y n visit our website at www.usps.com,,1 D' Postage $ $0.39 09521 C3 certified Fee 0 $21.40 06 C3 Retum Receipt Fee Postmark O (EndorsementRequfred) $1.85 Here O 'ResMctad DelNery Fee ,q (Endorsement Required) $0.00 rq M Total Postage a Fees $ $4.64 11/15/2006 L n o C3 QV1 d. �- '� l`- Street Apf.No.; ^ � `� or PO Box No. V 0— ......... •y, --.................................................................. BState.ZIP+4 4�A PS Form 3800.June 2002 Postal CERTIFIED MAIL,. RECEIPT e.mestic Mail Only; . . For delivery information visit our website at www.uspsxom�,, oma— UONVWIF U C3 Postage $ $0.39 0952 C3 Certified Fee $2.40 06 OPostmark 0 Return Receipt Fee Here (Endorsement Required) $1.85 O 'Restricted Delivery Fee ri (Endorsement Required) $0.00 M Total Postage&Fees $ $4.64 11/15/2006 Ln Sento q or PO BaK No C*State,Zl to<.W\or, ,n L, �1'13a• Postal m CERTIFIED MAIL,,, RECEIPT (DomesticEr Only; For delivery visit our website at www.usps.comn Ul Ei4DMF • 1 L- o Postage $ $0.39 0952 C3 Certified Fee $2.40 06 Retum Receipt Fee Postmark Here O (Endorsement Required) $1.85 C3 Restricted Delivery Fee r9 (Endorsement Required) $0.00 r=1 m Total Postage&Fees $ $4.64 11/15/2006 Ln O Sent or PO Box No. Nv .- ClhZlP+ Oy�A4 � k ,---- 4 1 :rr June 2002 Postal Er CERTIFIED MAIL,. RECEIPT M1 (Domestic Mail Only; For delivery information visit our website at www.usps.com,. Ul I m&VF49CIA Er M Postage $ $4.39 0952 C3 Certified Fee $2.40 06 C3 Return Receipt Fee Postmark 0 (EndorsemeMRequired) $1,855 Here 'ResMcted nt eqy Fee r-1 (Endorsement Required) $0,00 ra M Total Postage&Fees r$-;4.64 11/15/2006 Ln t To !� Sheet,Apt /�No.; or PO Box No. �� F0 � "\�''VA CHY State. ....... ................. ZIPS '0"1 :ir June 2002 U.S. Postal Service,,, CERTIFIED MAIL,. RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com,,, n PS Form 3800.June 2002 See F.everse for Instructions Postal ru CERTIFIED MAIL,. RECEIPT (Domestic Mail Only; r-1 For de%,,:rj fnfnrmation visit our website at www.usps.com-'--j1O L3 Er 1AL. USE U Postage $ $0.39 0% 1-1 E3Certified Fee $2.40 C3 06 M Postmark Return Receipt Fee $1. O (Endorsement Required) 85 Here C3 fles' ted Delivery Fee $0.00 r-q (Endorsement Required) '-q $4.64 M Total Postage&Fees $ 11/15/1006 Ln ant To �^Q O �1=-------------�� ----- _ .h.�- -- r- Sheet,Apt No.; Q -- - - or PC Box No. (—� . cry siei�;z1P+4-� N n v r ,1 q3 Postal (DomesticL-n CERTIFIED MAIL,. RECEIPT Ln Only; Provided) For delivery information visit our website at www.usps.corn,, oma— I U Postage $ $0.39 0952 0 Certified Fee $2.40 06 0 C3 Return Receipt Fee Postmark C3 (Endorsement Required) $1.85 Here C3 (g%:=Fee Fee $0 r-9 (Endorsement Required) r-q M Total Postage a Fees $ $4.64 11/15/2006 Sent o CL 2 -� C3 - or PO Box No. = — C/ry.State.ZIP+4 .................... PS Form :rr June 2002 U.S. Postal Service,. CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only;No Insurance Coverage Provided) For delivery information visit our website at www.usps.com_, 4..... 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JFt# a P$Form J800.June 2002 See Reverse for nstrucnon2�— Postal M1CERTIFIED MAILr,, RE EIPT (DomesticOnly, r—1 For delivery information visit our website at wwwuspsxom�, Lr)Er E I Nl i091 A L USE U M Postage $ $0.39 0952 0 Certified Fee V0.40 06 Postmark C3 Return Receipt Fee Here E3 (Endorsement Required) $1.85 C3 RBstnoted Delivery Fee (Endorsement Required) $0.00 M Total Postage&Fees $ $4.64 11/15/2'006 Ln OO Sent o , Aa, iF N sireei,.ipt �y or PO Box No. Q tel_ (�1 City,state,ZIP+, PS Form 3800.June 2002 S,e Reverse for Instruction7- � 3 r I C Q EZONINGBOARD :OFAPPEALS ` ZONING BOARD OF APPEALS � � !� 6 TOWN OF SOUTHOLD: NEW YORK ----------------------------------- --------X In the Matter of the Application of AFFIDAVIT Serge and Susan Rozenbaum OF MA-ICINGS (Name of Applicants) CTM Parcel #1000- 31 - 6 - 28. 5 & 28. 6 -----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Julie Mazzaferro residing at 407 Wiggins Street, Greenport New York, being duly sworn, depose and say that: On the_1.5th_day of iyovember,_?006 , I personally mailed at the United States Post Office in Mattituck New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the N Assessors, or( )County Real Property Office , for every property which abuts and is across a public or priv�,,,e street, or vehicular right-of way of record, surrounding the applicant's property. (Sign r Sworn to before me this 169 '&Y of 2001, KERRI A.MCCARINY Iforc,��:e NOTARY PUBLIC-STATE OF NEW YORK NO.01-MC6045508 (QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES 07-31-20 Q (Notary Public PLEASE list, on the back of this Affidavit or on a sheet of paper the lot numbers next to the owner names and addresses for which notices were mailed, Thank you. V 1000-31-1-5.9 1000-31-6-12.1 1000-31-6-30 Patricia A. Sepenoski Reginald W. & Helen Steve & Edith 27965 Route 25 Peterson Papastefanou Orient,NY 11957 P.O. Box 178 258 W. Saddle River East Marion,NY 11939 Road 1000-31-2-26 Upper Saddle,NJ 07458 Ronald J. Mayer 1000-31-6-17.2 3251 Spruce Creek Bruce Garritano 1000-38-4-5.1 Blvd. 15 W. End Avenue Herbert J. & Louise H. Port Orange, FL 32128 East Quogue,NY 11942 Egert P.O. Box 296 1000-31-6-5.1 1000-31-6-18 East Marion, NY 11939 Andrew J. & Christine Michael J. & Kathleen Dickson Richter 1000-38-4-8.1 4 Liberty Street 221 Fifth Avenue Michael S. & Karen L. Huntington Station,NY Greenport,NY 11944 Sage 11746 85 E. Gillette Drive 1000-31-6-19 East Marion,NY 11939 1000-31-6-5.2 Bruce Garritano Eugene F. Corrigan 530 Old Orchard Lane 1000-38-4-6 P.O. Box 91 East Marion,NY 11939 Town of Southold East Marion,NY 11939 P.O. Box 1179 1000-31-6-20 Southold,NY 11971 1000-31-6-7 William T. Plonski James R. & Frederick J. 143 Radcliff Drive Tedeschi East Norwich,NY P.O. Box 321 11732 Greenport, NY 11944 1000-31-6-21 1000-31-6-8 J. Kevin & Karen A. John R. Cushen McLaughlin Theresa E. Sweeney P.O. Box 756 P.O. Box 381 East Marion,NY 11939 East Marion,NY 11939 1000-31-6-22 1000-31-6-9 John Otero Gardiners Bay Estates Rosemary Dellicarpini P.O. Box 4 Otero East Marion,NY 11939 40 Hillside View Road Mahopac,NY 10541 1000-31-6-11 Patrick Breglia 1000-31-6-29.1 P.O. Box 274 Ronald& Rosa Ross Laurel,NY 11948 P.O. Box 738 East Marion,NY 11939 Zba/rozmailings w REC » ZONING BOARD OF APPEALS , NAV 2 ' TOWN OF SOUTHOLD: NEW YORK 9 2p46 -----------------------------------------------------X In the Matter of the Application of zpa�N0 8 ARD AFFIDA appq�s OF SIGN Sarge and Susan Rozenbaum POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 31 - 6 - 28. 5 & 28. 6 -----------------------------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Julie Mazzaferro residing at 407 Wiggins Street, _Greenport , New York, being duly sworn, depose and say that. On the 1 8thday of November, 2006 , I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten(10)feet or closer from the street or right-of-way (driveway entrance)— facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in place for seven days prior to that date of the subject hearing date, which hearing date was shown to be-November 30, 2006 NX�?,� YYy (Si re Sw,O to before me this -"'"'tiay ofNovember, 200 6 URNING NOTARY�UM.eState of Now lbdt . 4%otary ublic) No.01SE5039767 Oualiffed In Suffolk County 7'rn Commission Expins Febru"Q7,Z4D 7 *near the entrance or driveway entrance of my property, as the area most visible to passersby. VO OFFICE OF ZONING BOARD OFAPPEALS Ofce Location: North Fork Bank Building—First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 hftp://Southoldtown.northfork.net Email: Linda.Kowalskid-Town Southold ny Jayne:Martin jown Southold ny us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX MEMO 1 TO: DATE: ,Lail, Zq -oa RE: Office Location: ��SitalFfU(�COG Mailing Address: s< Town Annex/First Floor,North Fork Banky = 53095 Main Road 54375 Main Road(at Youngs Avenue) • P.O. Box 1179 Southold,NY 11971y �! Southold,NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 November 9, 2006 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: Appl. No. 5691 (Rozenbaum) Action Requested: Setback, Design, Use Variances Within 500 feet of: ( x ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Ruth D. Oliva, Chairwoman By: Enclosures O'j; %% �,G Office Location: �. O Mailing Address: Town Annex/First Floor,North Fork Banky = 53095 Main Road 54375 Main Road(at Youngs Avenue) 0 P.O. Box 1179 Southold, NY 11971T' p! Southold, NY 11971-0959 viol � �a http://southoldtown.northfork.net TOWN MEMO BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax (631) 765-9064 TO: Planning Board FROM: Ruth D. Oliva, ZBA Chairwoman DATE: November 9, 2006 SUBJECT: Request for Comments Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board may be involved under the site plan review steps under Chapter 100 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Rozenbaum, 31-6-28.5 5691 11/3/06 280-4 and 280- 11/4/05 East End Serge and & 28.6 14 (Setback, Design Susan AC Zone Design, Use) Assoc. Your comments are appreciated by 11/22/06 Thank you. OFFICE OF ZONING BOARD OFAPPEALS Office Location: North Fork Bank Building-First Floor, 54375 Main Road at Youngs Avenue Mailing Address: 53095 Main Road, P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown northfork net Email: Linda.Kowalskia-Town Southold ny,us JaynL.Ma,linATown.Southolfn— ___--__y.us (631) 765-1809 (ext. 5012 or 5011 during recording) office fax (631) 765-9064 VIA FAX 17 MEMO TO: DATE: I�U �" -v 'f00 RE: 77/�O/o ?-f 7 � r • w N �,TIi� E ter HEARINk2 The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: . ' AME : ROZENBAUM , S . S . #5691 PIAP # EN 31 -6-28 . 6 & 28 . 5 APPEAL : Setback, Design , Use REQUEST: Farm Building ( Retail ) DATE : THURSDAY, Nov. 30, 10m. 15 am If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . _ONING BOARD-TOWN OF SOUTHOLD 765- 1 809 ZONING BOARD OF APPEAL MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.nortWrk.net November 3, 2006 Re: Town Code Chapter 58 — Public Notices for Thursday, November 30, 2006 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before November 14th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use,the current owner name and addresses shown on the assessment rolls maintained by the To Assessors' Office located at Southold Town Hall, or Real Property Office at the County Cente , Riverhead. If you know of another address for a neighbor, you may want to send the notice o that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing. providing the returned letter to us; AND not later than November 15th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish it to our office with the white receipts postmarked by the Post Office. When the green signature cards are returned to you by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later Than November 19: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver your Affidavit of Posting during the meeting. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. Very truly yours, Zoning Appeals Board and Staff Ends. For Office Use Only ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 06 8�7-M GARDINERS BAY ESTATES HOME OWNER ASSOCIATION, INC. P.O. Box 4, East Marion, New York 11939-0004 Ni-v 4 2005 October 10,2005 R t_ 3 Lavender By The Bay 100 Greenway Terrace Forest Hills,New York 11375 Dear Sir: The Gardiner's Bay Estates Homeowners Association has been kept informed and is well aware of the plans to design your lavender farm adjacent to our owned access road,Cedar Lane. Upon reviewing the latest plans to build a farm stand on your property,we believe the style and architecture fits very well into the neighborhood and the surrounding area. S' erely , G ge eter ident APPEALS BOARD MEMBERS *rjF SMailing Address: Ruth D. Oliva, Chairwoman �0� yQIO Southold Town Hall 53095 Main Road• P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 James Dinizio,Jr. �s G Q Office Location: Michael A. Simon i0 Town Annex/First Floor,North Fork Bank Leslie Kanes Weisman �lyC�UtM 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 August 4, 2006 Abigail A. Wickham, Esq. Wickham Wickham Bressler and Geasa Main Road P.O. Box 1424 Matttituck,NY 11952 Re: Request of S. and S. Rozenbaum—ZBA#5691 Dear Ms. Wickham: Please find enclosed a Long Environmental Assessment questionnaire form for completion regarding the above appeal application. After completion, please forward an original and six (6) copies to our office, in order that processing steps may be taken under the procedural requirements of the State Environmental Quality Review Act, 6 NYCRR Part 617. Thank you. Sincerely yours, Ruth D. Oliva Chairwoman Encl. APPEALS BOARD MEMBERS 'of SU(/jyo Southold Town Hall Ruth D. Oliva,Chairwoman 53095 Main Road• P.O. Box 1179 Gerard P. Goehringer Southold,NY 11971-0959 Vincent Orlando CA Office Location: ellJames Dinizio,Jr. • iQ Town Annex/First Floor,North Fork Bank Michael A. Simon �I,�COU 54375 Main Road(at Youngs Avenue) Southold,NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809•Fax(631)765-9064 TOWN MEMO TO: Planning Board FROM: Ruth D. Oliva, ZBA Chairwoman DATE: November 29, 2005 SUBJECT: Request for Comments Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's latest map. The Planning Board is involved under the site plan review steps under Chapter 100 (Zoning), and your review and comments are requested at this time concerning the parking spaces and egress/ingress/layout requirements to meet the mandates of the Zoning Code. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED ROZENBAUM, 31-6-28.1 5691 11/02/05 AC Zone, Retail 10/3/05 Joseph SERGE AND Sales over 20 Site Plan Ingegno, LS SUSAN Sq. ft. (980 sf lot cov) Your comments are appreciated by 12/20/05 Thank you. Encls.