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1000-31.-6-28.5
PLANNING BOARD TOWN OF SOUTHOLD ~A~E SURGE AND SITE FOR SUSAN SITUA TED EAST TOWN OF SUFFOLK S.C TAX PLAN ROZENBAUM AT MARION SOUTHOLD COUNTY, NEW YORK No. 1000-31-06-28.1 DJ SCALE 1"=20' JULY 24, 2001 ~o~/~ EXISTING LOT AREAS: S.C. TAX LOT No. TYPICAL 1000-31-06-28.1 SE WA GE = 816,993 sq. ff. 18.756 DISPOSAL SYSTEM (NOT TO SCALE) PITCHED 1/871' SEPTIC TANK ¢1) oc. FARMSTAND BASEMENT FIRST FLOOR DECK / COVERED PORCH TOTAL STRUCTURE LOT SIZE: LOT COVERAGE: PARKING SPACES HANDICAP PARKING PARKING SPACES AVAILABLE DRIVEWAY & PARKING: LANDSCAPED AREA: PARKING SPACES REQUIRED BASENENT WAREHOUSE AREA: FARM STAND AREA: N!t._IMBER OF PARKING LEACHING POOL_ 1. MINIMUM LEACHINg S~STEM FOR A 1 TO 4 B£DROOM HOUSE IS 300 sq ~ SIDEWALL AREA. 812. SF. 812 SF. 168 SF. 980 SF. PLAN DATE: 11-2g-0h REV DATE: 08-04-05 08-50-05 09-02-05 10-05-05 561,889 sa. FT -- 1h.979 AC. 980.00 SO. FT. OR .17h% 7 SPACES I SPACES 8 TOTAL SPACES AVAILABLE 8,,.%85.00 SQ. FT. OR I.&9% 552,559 SQ. FT. OR 98.3,36% REQUIRES I PARKING SPACES (I PER 1000 SQ. FT.) REQUIRES 4 PARKING SPACES (MIN. OF h SPACES) SPACES PROVIDED 5 TOTAL PARKING 8 RPACES SPACES REQUIRED PROJECT AREA NEY MAP " 600' SCALE 1 = / / / / / / ( 9g. 6 X RC~ pARKING , / LOT 1 TOTAL LOT AREA -- 652.485 sq. ft. 1~.979 ac. PURCHASE OF DEVELOPEMENT RIGHTS AREA = 561.889 SQ. FT. (TOTAL LOT AREA LESS BUILDING LOT & RIGHT OF WAY AREA) 12.899 ac. '?0. SITE PLAN INFORMATION IS BASED ON LAND SURVEY PREPARED BY JOSEPH A. INGEGNO LICENSED LAND SURVEYOR (LS 49668) PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND February 13, 2007 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 Icor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 Ms. Abigail A. Wickham Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, PO Box 142 Mattituck, N.Y. 11952 Re: Farm Stand for Serge and Susan Rozenbaum aka Niamonitakis Farm Stand SCTM #: 1000-31-6-28.5 & 28.6 Zoning District: R-40 Dear Ms. Wickham: Thc Southold Town Planning Board, at a meeting held on Monday, February 12, 2007, adopted the following resolutions: WHEREAS, this proposal is to construct an 980 sq. ft Farm Stand building with 10 parking spaces on a 1.92 acre parcel located in the R-40 Zoning District on the s/s/o NYS Road 25 at the s/e intersection of Cedar Lane and NYS 25 in East Marion. SCTM #1000-31-06-28.5; and WHEREAS, Susan Rozenbaum is the owner of the property located on the s/s/o NYS Road 25 at the s/e intersection of Cedar Lane and NYS 25 in East Marion; and WHEREAS, on November 30, 2004, the Southold Town Building Department issued a notice of disapproval indicating the proposed construction is not permitted under Town Code 100-32 or 100-13 and the agent/applicant will be require to obtain relief from the Southold Town Zoning Board of Appeals prior to the Planning Board approving the map; and WHEREAS, on March 4, 2005, the Southold Town Building Department issued an amended notice of disapproval indicating the proposed construction with two front yards is not permitted under Town Code 100-32 or 100-13 and the agent/applicant will be required to obtain relief from the Southold Town Zoning Board of Appeals prior to the Planning Board approving the map; and WHEREAS, on June 30, 2005 and September 12, 2005, the Southold Town Building Department issued an amended notice of disapproval indicating the proposed construction with three front yards is not pemfitted under Town Code 100-32 or 100-13 and the agent/applicant will be required to obtain relief from the Southold Town Zoning Board of Appeals prior to the Planning Board approving the map; and WHEREAS, on November 21, 2005, the agent submitted a map labeled "Site Plan for Surge and Susan Rozenbaum" to be processed; and Susan Rozenbaum aka Niamonitakis Farm Stand Page Two February 13, 2007 WHEREAS, on January 3, 2006, the agent Abigail Wickham submitted the permit issued by the New York State Department of Transportation under Highway Work Permit No. 10-04-0119 on November 01, 2004 for the residential subdivision; and WHEREAS, on October 5, November 2 and Novetnber 3, 2006, the Southold Town Building Department issued an amended notice of disapproval indicating the proposed construction with three front yards is not permitted under Town Code 100-32 or 100-13 and the agent/applicant will be required to obtain relief from the Southold Town Zoning Board of Appeals prior to the Planning Board approving the map; and WHEREAS, on December 14, 2006, the Southold Town Zoning Board of Appeals granted a Variance as applied for under file number 5691 which stipulates four (4) conditions; and WHEREAS, on January 9, 2007, the agent Abigail A. Wickham requested the Planning Board approve parking under Chapter 47 Farm Stands; and WHEREAS, the Southold Town Planning Board, acknowledges the Soutbold Town (?ode has changed the numbers and Chapter 47 Farm Stands is now Chapter 135 Farm Stands; and WHEREAS, on January 22, 2007, the Southold Town Planning Board beld a public work session to review the proposed parking pursuant to Chapter 135, Farm Stands, Part G and agrees the provisinns have been met; be it therefore RESOLVED, that the Southold Town Planning Board has reviewed the proposed action under the policies of the Town of Southold Local Waterfront Revitalization Program and has detemfined that the action is consistent with the Policy Standards in the January 29, 2007 memo prepared by the LWRP Coordinator; and be it further RESOLVED, that the Southold Town Planning Board, acting under the State Enviromnental Quality Review Act (6 NYCRR), Part 617.5 c (3), makes a determination that the proposed action is a Type Il and not subject to review; and be it further RESOLVED, that the Southold Town Planning Board grant approval in conformance with the Zoning Board of Appeals decision on the Farm Stand map known as the "Site Plan for Surge and Susan Rozenbaum" prepared by Joseph ingegno licensed Land Surveyor dated July 24, 2001 and last revised October 3, 2005 pursuant to Town Code Section 135 (Farm Stands) for the parking location and authorize the Chairpcrson to endorse the site plans ~vith the following conditions: 1. The Planning Board is unable to approve any parking that encroaches on property in which the development fights have been sold. The applicant, owner and/or agent must obtain approval from Suffolk County for any parking encroachments onto their property. A copy of this approval must be submitted to this office. The Planning Board is unable to approve the curb cut usage as shoxvn and acknoxvledges that a New York State Department of Transportation (NYS DOT) Highxvay Curb Cut Permit is required. The apphcant, oxvner and/or agent nmst submit the required information fl0r the Farm Stand curb cut to the NYS DOT for approval. A copy of this approval must be submitted to this office. Serge and Susan Rozenbaum aka Niamonitakis Farm Stand Page Three February 13, 2007 If the as-built site improvements vary from the approved plan, the Planning Board reserves the right to review any parking location / layout changes and request a certified as-built plan detailing all the changes. Any changes from the approved plan shall require Planning Board approval, and is the responsibility of the applicant, owner or agent to submit such changes to the Planning Department for review by the Planning Board. Attached you will find an approved copy of the site plan map for your files. A copy of the approved site plan is enclosed for your records. One copy each will be distributed to the Building Department, Town Zoning Board of Appeals, Town Engineer/Highway Department, New York State Department of Transportation and Suffolk County Department of Energy & Environmental Division of Real Property Acquisition & Management. If you have any questions regarding the above, please contact this office. Very truly yours, Chairperson Eric. Cc~ file Southold Town Building Department Southold Town Engineer Southold Town Zoning Board of Appeals New York State Department of Transportation Suffolk County Department of Energy & Environmental Division of Real Property Acquisition & Management PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OVa'ICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fa~ 631 765-3136 August 3, 2007 Abigail A. Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, PO Box 142 Mattimck, N.Y. 11952 Rc: Farm Stand for Serge and Susan Rozenbaum a/k/a Niamonitakis Farm Stand SCTM #: 1000-31-6-28.5 & 28.6 Zoning District AC Dear Ms. Wickham: At your written request, dated July 17, 2007, the Planning Board held a Work Session on July 30, 2007 to discuss the farm stand parking illustrated on the "Site Plan for Serge and Susan Rozenbaum" prepared by East End Design Associates dated November 29, 2004 and last revised March 23, 2007. The Planning Board reviewed the plan under Town Code Section 135 (Farm Stands) and conditionally approves the parking location, as submitted in conformance with the Zoning Board of Appeals Number 5691, subject to the following: · Pursuant to Southold Town Code 100-254 Part B Section 5, the Planning Board grants approval for less than the required number of spaces for the proposed use and the Planning Board shall have the right to review the parking requirements in the furore ifa change of use or intensity of use is proposed at the site. · The Planning Board accepts the proposed parking layout and is unable to approve any parking that encroaches on the property in which the Development Rights have been sold. The applicant, owner and/or agent must obtain approval from Suffolk County for any parking encroachments onto the property rights sold area. A copy of this approval must be submitted to this office. · Note the parking spaces, including dimensions, must conform to the minimum parking dimension of 9' x 19' as per Town Code [280-78 part C. Serge & Rosenbaum Page two August 3, 2007 * The owner, agent and/or applicant agrees to install all handicap parking stalls, unload area, access aisles, surface type and signage in compliance with New York State Code standard requirements. Specifically note that an ADA sign will be required and the plan needs to rescale the parking space and unload area to comply with the code requirements. · The Planning Board notes that the curb cut usage as shown requires a New York State Department of Transportation (NYS DOT) Highway Curb Cut Permit. The applicant, owner and/or agent must submit the required information for the Farm Stand curb cut to the NYS DOT for final approval. A copy of this final approval must be submitted to this office. Attached you will fred the conditionally approved copy of the site plan map for your files. This letter does not condone any changes from the site plan map and or approvals from other agencies if required. Respectfully yours, ~,/Jerilyn B. Woodhouse Chairperson Enc.-Wickham CC: Building Department Zoning Board of Appeals New York State DOT Suffolk County Land Preservation File ERIC J. BRESSLER ABIGAIL A. W1CKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCKi LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 11 I MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 August 10, 2007 Mr. Bruno Semon Southold Town Planning Board P.O. 1179 53095 Main Rd Southold, 11971 Re: Rozenbaum Lavender Farmstand SCTM# 1000-31-6-28.5-28.6 Dear Bruno: Enclosed is a letter from the Suffolk County Farmland Committee approving the extension of the parking area onto the preserved farmland area to the extent shown on the latest site plan. I believe this is the final item, and if so, please have the Chairwoman endorse the maps. I will arrange to pick up a signed print. If you need additional maps or anything else, please advise. Very/truly you~, igail A. Wickham ' cc. Mr. and Mm. Rozenbaum 30/shdpb Suffolkl ounty Farmland Committee do Suflb[k County Planning Department H. Lee Denniso' Builcing- 4th floor, Hauppauge, NY ~ 17884X09 P. O. Box 6100 (653) 853-51 '11 [mice] 1653)~3-4044 [laxI (S53) 8534044 Ill Chairman Bennett Orlowski Russell Bameft Rena[d Sush Nate Cc~in Lee Fo~r Daniel Fff~cke Olney M. Gan;liner Thomas A. Isles Alfred Kilb. Jr. Joseph Krukowski Dale Meyer Eugene Murphy Jeffrey Rottkamp Charles Scheer Alber~ $chmi~ Mark Za~eski Jennifer B. Kohn advisors Joseph Oergela, Ill W[l'iam 8anok staff ROy Fedelem Claire J, Chorny August 9, 2007 Ms. Ga~l Wickham, Esquire Wickham, Bmssl.-':~:, Gordon & Geasa, P,C. P. O- Box 1424 Mattimck, N. Y. ] 1952 Dear Ms. Wiekha::a: At the Farmland Committee o:a July 24, 2007 the application for parking on PDR land for the Rozetibaum Lavendar Farm Farmstand was un-tabled from a previous meeting. Since thc parking ama was to be ora porous material and it wa~ onl,~ 152 square feet it was :~pproved by the Committee. Uafommately minutes from t~e meeting will not 1:.~; available for a couple months. Please feel free to. contact mc at 853-5111 if you have any questions. S inc~rely, Roy F~elem Principal Planner ERIC J. BRESSLER ABIGA1E A. WICKftAM 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 SUITE 11 I MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Attn: Bruno Semon Southold Town Planning Board Post Office Box 1179:53095 Main Road Southold, New York 11971 Re: Rozenbaum, Serge and Susan Premises: S/E corner of Main Road and Cedar Lane, East Marion, NY SCTM#1000-31-6-28.1 Dear Bruno: Enclosed are copies of the State DOT permit and the site plan on which the DOT permit was issued. I believe you ah'eady have the ZBA decision confirming the proposed farm stand. Accordingly. under Article 47 we ask the Planning Board to review the parking. As soon as the Planning Board has reviewed it, I will reapply to the Suffolk County Farmland Committee. al // Abigail A. Wic ...... .~ v 87:30 JUL 2,~07 June 5,2007 Mr. Serge Rozenbaum Lavemd~r By The Bay Inc. 100 Greenway Terrace Forest t:IilI~, NY 11375 Dear ~. Rozenbaum: Ygur MayA4, 2007 Subm)..ss]o.n Farm Stand P__errn~t Bxt~,osio.n. Reque~li ~,.~[e ]~i[~ns R~v]ao.d 51.2.2106. Rq~t~ 25, East Mafiosi SC. TM.~10~).. q33100-.06~.028001 & 02~J)0q Our Case Number (}2-214P lti~hwalWork Perm~ (HWPI fll (k04~0119_ TI-ds is in regard to your request to extend the subject Highway Work Permk We are hereby extending [bis HWP untiLDecember 1, 2ii}07 ha accordance with the re~,~ed ,itc Iayout plans. All work and material dctai.ls, as well as MPT, shall comply with the details shown on page 2 of t/l, approved plum isaued with the HWP. This letter and plan become a valid part of your permit. You must contact Mr. Kevln MattM~i, the permlt engineer for this area, prio~ to start~g any work at this lc~ation_ He can tx; reached at (631) '727-1731. When you bare completed the work specified by th* l:~rmit, please eisa and date your copy and remm i~ to our Nr¥SDOT Maintenance Facility office. Their addresa i~ CR 58, P, ixethead. NY 11901. Any u~lity work propos~t ~n Slmte H~ghwaj r~ghbof~way will require separale application submission of plans (imtalla~[on details, restoration details and Maia~euance ~d Protection of Traffic plan - all referenced to NYSDOT speeifieatio~ item ~umber~ aud the Manual of Uniform Traffic Control Devices) to our Riv~rh~ad Mainmnance f~cility. Plea~e contact Mr. Kevi~ Matthaoi at (1531) 727-17~1 for further directions r~garding Uffiity Highway Work Permit tttW~) applications. Any signs proposed for this location must be located off the State Highway fight-of-way. Questions concerning this matter should be ~l.-ireet~d to Mr. Mark Wolfgang at (631) 952-7973. Mr. Serge Razer, baum June 5, 2007 Tharlk you for your cooperatiom concerning this matter. Very ly Y~urs, SHAi'K A. SAAD, P.E. cc: Mr. P, ret Harrls, Suparitxendent of Highways, Town of Sombold Mr..Bruno Semon, Senior Stte Plan Revlew~,- ,--, Juw~ or ~0uthold SAS:MDW:JMN SUBIMAL CHAKRABORT]~ RE. REGIONAL DIRECTOR STATE Of NEW YORK DEPARTMENT OF TRANSPORTATION REGION TEN 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NEW YORk 11788 www. nysdot.gov ASTRID C. GLYNN ACTING COM MfSSIOfNER May 10, 2007 Mr. Serge Rozenbaum Lavender By The Bay Inc. 100 Greenway Terrace Forest Hills, NY 11375 Dear Mr. Rezenbaum: Your April 16, 2007 Submission Permit Extension Request Route 25, East Marion SCTM #1000-03100-0600-028001 & 029000 Our Case Number 02-214P Highway Work Permit (HWP) #10-04-0119 This is in regard to your request to extend the subject HWP. In order for us to consider extending your HWP please provide us with three (3) copies of revised HWP plans. The approved plans that were issued with your HWP were dated 11/6/03, Last Revision 3/1/04. We agree with your proposal to widen the access; however, this shall be the only SR 25 access point permitted for both the farm stand and the residential subdivision. The revised plans shall clearly show the internal traffic circulation as well as the location of the internal access to the farm stand. All work and material details shall be shown on the plans in accordance with NYSDOT standards and specifications. Questions concerning this matter should be directed to Mr. Mark Wolfgang at (631) 952-7973. Please send all correspondence to his attention. Kindly refer to the subject case number and County tax map number in all correspondence. Thank you for your cooperation concerning this matter. Very truly you[s, Ui :I; :: CO :,y Sildik A. S,~aci SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety cc: Mr. Peter Harris, Superintendent of Highways, Town of Southold ~] Ms. Jerilyn Woodhouse, Planning Board Chairperson, Town of Southold Mr. Bruno Semon, Senior Site Plan Reviewer, Town of Southold SAS:MDW:JMN SUBIMAL CHAKRABORTI, RE. REGIONAL DIRECTOR June 5, 2007 STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION RegiON Ten 250 VETERANS MEMORIAL High~/aY HauPPaUgE, NEW YORK 1178~ www. nysdot.gov , ASTRID C, GLYNN .,::, ~ ..... COMMISSIONER Mr. Serge Rozenbaum Lavender By The Bay Inc. 100 Greenway Terrace Forest Hills, NY 1 t375 Dear Mr. Rozenbaum: Your May 14, 2007 Submission Farm Stand Permit Extension Request Site Plans Revised 5/22/06 Route 25, East Marion SCTM 4/1000-03100-0600-028001 & 029000 Our Case Number 02-214P Highway Work Permit (HWP) 4/10-04-0119 This is in regard to your request to extend the subject Highway Work Permit (HWP). We are hereby extending this HWP until December 1, 2007 in accordance with the revised site layout plans. All work and material details, as well as MPT, shall comply with the details shown on page 2 of the approved plans issued with the HWP. This letter and plan become a valid part of your permit. You must contact Mr. Kevin Matthaei, the permit engineer for this area, prior to starling any work at this location. He can be reached at (631) 727-1731. When you have completed the work specified by the permit, please sign and date your copy and return it to our NYSDOT Maintenance Facility office. Their address is CR 58, Riverhead, NY 11901. Any utility work proposed in State Highway right-of-way will require separate application and submission of plans (installation details, restoration details and Maintenance and Protection of Traffic plan - all referenced to NYSDOT specification item numbers and the Manual of Uniform Traffic Control Devices) to our Riverhead Maintenance facility. Please contact Mr. Kevin Matthaei at (631) 727-1731 for further directions regarding Utility Highway Work Permit (HWP) applications. Any signs proposed for this location must be located off the State Highway right-of-way. Questions concerning this matter should be directed to Mr. Mark Wolfgang at (631 ) 952-7973. Mr. Serge Rozenbaum June 5,2007 Page 2 Thank you for your cooperation concerning this matter. Very truly yours, Original Signed By Shaik A. Saad SHALE A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety cc: Mr. Peter Harris, Superintendent of Highways, Town of Southold i/Mr. Bruno Semon, Senior Site Plan Reviewer, Town of Southold SAS:MDW:JMN LASER FICHE FORM Planning Board Site Plans and Amended Site Plans SPFile Type: Approved Project Type: Site Plans Status: Final Approval SCTM #: 1000 - 31.-6-28.5 SCANNED lJAN I 1 2008 ] Records Management Project Name: Rozenbaum/Niamonitakis Farm Stand Address: 7540 Main Road Hamlet: East Marion Applicant Name: Ser.qe & Susan Rozenbaum Owner Name: Ser.qe Rosenbaum Zone 1: R-40 Approval Date: 2/12/2007 OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information End SP Date: 2/13/2007 Zone 2: Zone 3: Location: s/s/o NYS Road 25 at the s/e intersection of Cedar Lane, 7540 Main Road, East Marion SC Filing Date: C and R's: Home Assoc: R and M Agreement: SCAN Date: PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD~ To~ Jerilyn Woodhouse, Chair Town of Southold Plamfing Board From: Mark Terry, Principal Planner LWRP Coordinator Date: January 29, 2007 Re: Farm Stand for Serge and Susan Rozenbaum aka Niamonitakis Farm Stand SCTM #: 1000-31-06-28.5 Zoning District: R-40 This proposal is to construct an 980 sq. ft Farm Stand building with 10 parking spaces on a 1.92 acre parcel located in the R-40 Zoning District on the s/s/o NYS Road 25 at the s/e intersection of Cedar Lane and NYS 25 in East Marion. SCTM #1000-31-06-28.5; and The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department as well as the records available to me, it is my determination that the proposed action is CONSISTENT with the Policy Standards and therefore is CONSISTENT with the LWRP. Cc: Bruno Semon, Senior Site Plan Reviewer Semon, Bruno To: Subject: Terry, Mark; PB Members Only Rozenbaum, Segre Susan Farm Stand in East Marion 1000-31-6-28.1 After completion of the approval letter and the stamping of the maps, it was discussed that a resolution would be best for approval of this farm stand. So I will prepare a resolution for the February 12, 2007 meeting and have the maps ready for authorization by the Chairperson. Additionally, I will include a Type II SEQRA review to conform with the NYS RR. The letter will be destroyed and not sent out. Thanks Bruno ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M GORDON JANE]' GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MATTI 1 UCK, LONG ISLAND NEW YORK 11952 Southold Town Planning Board Post Office Box 1179; 53095 Main Road Southold, New York 11971 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw~aol.com January9,2007 WILLIAM WICKHAM (06-02) 275 BROAD 110LLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 631-249-9480 TEL~.~Np. 631-249-9484 Re: Rozenbaum, Serge and Susan Premises: S/E cor Main Road and Cedar Lane, East Marion, New York SCTM # 1000-31-6-28.1 Ladles/Gentlemen: In light of the Zoning Board of Appeals decision determining this project to be a farmstand, we request approval of the parking under Chapter 47. Vet3,~ruly yours, Abigail A. Wickham A A 304~hdtpb Town of Southold PC/Codebook for Windows [HISTORY: Adopted by the Town Board of the Town of Southold 5-13-1997 by L.L. No. 9-1997. Amendments noted where applicable.] § 135-1. Legislative intent. Farm stands are an important part of the Town's agricultural character. Regulation is necessary to ensure that farm stands remain an adjunct to agricultural uses and do not become significant commercial operations in rural and residential areas. § 135-2. Permit required. It shall be unlawful for any person to erect, place or sell from a farm stand or stands in excess of a total of 20 square feet in area unless the structure has been issued a farm stand permit by the Building Department. A farm stand is defined in Chapter 280, Zoning, of this Code. § 135-3. Standards for issuance of permit. No farm stand permit shall be issued unless the structure and operation meet the following requirements. All farm stand permits shall be subject to revocation if the farm stand fails to operate in compliance with the standards set forth below. A. No farm stand may be in excess of 1,000 square feet in floor area. Farm stands in excess of 1,000 square feet are permitted only with site plan approval from the Planning Board and with special exception approval from the Zoning Board of Appeals and in accordance with Chapter 280 Articles XXIV and XXV of the Southold Town Code. B. The farm stand must be located on a lot containing at least five tillable acres of land (excluding any house or agricultural buildings) owned or leased by the owner of the farm stand. Alternatively, the farm stand may be located on a lot at least two acres in size (excluding any house or agricultural buildings) if the farm stand owner can establish ownership or lease of at least five tillable acres of land in the Town of Southold. C. The farm stand shall sell only produce, plant stock or products cooked, pressed or dried from produce grown on farming operations within the five East End towns. At least 80% of the produce, plant stock or products must come from the owner's or tenant farmer's own farming operations. A farm stand shall not sell manufactured products. Town of Southold PC/Codebook for Windows D. A farm stand may be operated with an accessory greenhouse, so long as the combined area of both structures does not exceed 1,000 square feet. All greenhouse operations are subject to the restrictions listed herein. E. The topsoil which lies under the farm stand or accessory greenhouse must be retained permanently on the site. The farm stand and greenhouse shall be set back a minimum of 50 feet from the adjoining public road, in order to allow cars to maneuver on the farm stand site without creating traffic safety problems on the road. G. The site shall provide one parking space for every 100 square feet of stand and greenhouse area, in a location approved by the Planning Board. ,,.~ ~',~A~PEALS BOARD MEMBERS ~ Ruth Di Oliva, Chairwoman (l. Gerard P. Goehringer James Dinizio, Jr. -. ~\ Michael A. Simon Leslie Kanes Weisman http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (631) 765-1809 · Fax (631) 765-9064 Mailing Address: Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 FINDINGS, DELIBERATIONS AND DETERMINATION 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 fails 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, RS0 ... 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 ~Trown 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 flooring7 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 herd 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.Q.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. Page 2 December 14, 2006 m ZB File No. 5691 - S. and S. Rozen~'Saum; 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 %" 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. Page 3 - December 14, 2006 ZB File No. 5691 - S. and S. E. Niamonakis CT~# 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 impodant 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 properly 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 ©liva, Goehringer, Dinizio, Simon, and Weisman. This Resolution was duly adopted (5-0). ~ Ruth D. Oliva, Chairwoman 12/20/06 Approved for Filing PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGED. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 $outhold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Ruth D. Otiva, ZBA Chairwoman From: Jefilyn B. Woodhouse, Chair ~ Date: 20 November 2006 Rozenbaum, Serge and Susan/Niamo~takis Farm Stand SCTM#: 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 maybe 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: Cc: Aerial (~vith zoning) of the subject parcel* & c& r's Planning Board Mark Terry, Interim Planning Department Damon RaiLs, Plans Examiner':' File DEcLARA~IObl OF COYENAI'/TS ~RES~IC~I0~S . ~ ;~ made ~is ~ aa~ ~',~a_ BtoOkl~, TM ~ .... rcfc~cd to ~ ~c ~ - '. sETH: o c~simatcon~cSouthsidc°f ~iT~ES _r~int~pr P . -' ~ the DECL~ t ~ - -- of Sou~Om, ..... ~ a~ ,, ~. a~h~hC~t° ~re~ct r~f~ t° ~ ~' . ~ v S gout~ 25), '~o~n 'cation tot ~ havo the Ma~ Roao ~t~ .... -- -~ ~ ~ h~ ma~ ~ appl~t ~m~l~ to r~eiv~ conaRlonm ~r ~ sho~ on th~ sub~vmwn MaPA~St 2, 2~2 w~ch set~ff ~ lot line chuge' S~o~ Co~ Clgk; ~ ..... ~., b~ fil~ in th~ O~C~ °f ~ ...... al th~ Pl~gB°~ ~._~, _ ~ ,,.~ b ' 'n Co~cn~t . · Bogd h~ ..... ~at ~c wi~ ·/~id PlUg ~ of Sou~old n~ u~... saia tots u,- · toVat. o~etS ~o pro~p~---v 2 ~d 3, ~O ~ a ~-:_ the Suffo~ C°~ ~t'L~ ~ ~. ~6 lots 1 ~ , .- ~ ~. reeoro~ u, .~ · _ ~.a have impos~ ~" .~ .4~D~lgau°""~ , .... ~ the foregom~ ~'~ r~re6 &at u,e ..~_. ~ ~ hm co~ta~ and subs~umt o~gs °f sai6 p~el; willbe for the b~t interests of ~e DECL~ hereby m~e ~ ..... ~i~t ~ ~e follO ' g map shall h=reaffer o~ ~'-- ...'-- uVon ~1 p~ch~t_Y als~but~, ,hall ~ with ~c i~a ~t~. _. ~is~aOrS, ,cg-- --~ . ~pe~, ~e~ he~, asst., to wit: ~her su~iviston ox ~u~ 1) ~e shall~ no ge~in~t l with~nt~e al°ugtheM~nR°ad ~'Y'S'R°ute 25)' ~e ~o buil~ng p~ o~t 1, ~d s~ll notbe s~~a~ from ~t 1 in 3) 4) S) 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, 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 propeffies, 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 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 ~..~¢strietions 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 pm 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 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. Fen DECLARANT above named above; have executed thc foregoing STATE OF NEW YORK ) COUNTY OF SUFFOLK ) SS: mvioum[s) whose name(s) is (are) subscribed to the within instrumemt and acknowledged to me that he/she/they executed thc same in his/her/their capacity(les), and that by his/her/their signatttm(s) on the instrument, the individual(s), or the person ul~on behalf of which i/// //"// / /1 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 NE3N YORK IN AND FOR SAID COUNTY (SAID COURT BEING A COURT OF RECORD) DO HEREBY CERTIFY THAT I HAVE COMPAFJED THE ANNEXED COPY OF/ DEED LIBER ~AT PAGE //~ RECORDED AND THAT IT IS A JUST AND TRUE COPY OF SUCH ORIGINAL DECLARATION AND OF THE WHOLE THEREOF. liNTESTIMONY WHEREOF, I HAVE HEREUNTO SET MY HAND AND AFFIXED THE SEAL OF SAID COUNTYAND COURTTHIS /? ~/~__ DAYOF "~/1~.. ~, CLERK r~ Diary Pu§lic KOULA POLITI$ 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 thc southeasterly side of Main Road (N.Y.S, Route 25) distant 621.4g 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 ~ 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 I0 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 no~daeasterly side of Cedar Lane the following two (2) courses and distances: I. 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 I g seconds East, 316.38 feet; THENCE North 39 degrees 49 minutes 22 seconds West, '32t5.10 feet to the southeuut~.lv uidw of 1Mnln Road, the point or place of BEGINNING. ' EXCEPTING so much of the premises known as District I000, 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 comer of the subject premises, said beginning point also b~ing located the following four (4) courses and distances from the comer formed by the intersection along the southeasterly side of Main Road with thc 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; RI. BqNING THENCE North 64 degrees 23 minutes 20 seconds East, 200 feet; TI'IENCE 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 BE~3INNING. TOGETHER with a right of way for egress and ingress over lends now or formerly of Jean Schneider and/or James W. Kent which right of way is fully described in schedule "B" annexed hereto end made a part hereof. TOGETHER with all right, title and interest, if any, of the of the seller and eny further rights of way to pass and repass for street purposes over all streets on a certain map entitled "Map of Section Two Oardiner'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 path,s" leading to the beach. TO(}ETHER 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 wny, 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 fights may have previously been granted. ALL of the aforementioned rights, rifles arid intere~ if any are subject to all eovermnts of restriction to the ~"~ dv~:e dsa~ the seller havebee~ ~u'bjeet. 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: BEGI]'qNING 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,: North 26 degrees 51 minutes 00 seconds West, 100 feet; South 64 degrees 23 minutes 20 secends West, 90 feet; North 25 degrees 36 minutes 40 seconds West, 125 feet to said point of beginning; RUNIqllq'O THENCE through "Parcel "A", South 64 degrees 23 minutes 20 seeends West, 319.43 feet to the easterly line o£a 30 foot-wide private mad; THENCE along said easterly line Nor& 26 degrees 05 minutes 30 seconds West, 35 feet; THENCE along through Parcel "A' North 64 degrees 23 minutes 20 seconds ,F~/t/ 319,543 feet to land now or fomaerly 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 BEGINNINO. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 TOWN MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 Planning Board Ruth D. Oliva, ZBA Chairwoman November 9, 2006 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#/ ZB._._~ABD 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. 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 tra#er 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 emaih Linda. Kowalski@Town.Southold.ny.us. Dated: November 9, 2006. ZONING BOARD OF APPEALS RUTH D. OLIVA, CHAIRWOMAN LAW OFFICES WICK}tAM, BRESSLER, GORDON & GEASA P.C. WIELLIAM WICKIIAM 106-02) ERIC J. P, RESSLEI>, ABIGAIL A. WICKIIAM EYNNE M. GORDON JANEI GFASA 13015MAIN ROAD, P.O. BOX 1424 iVlAI'IIT[/CK, LONG ISLAND NEW YORK 11952 631-298-8353 IEI,EEAX NO. 631-298-8565 November 3, 2005 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 MEI.VIELE OFFICE 275 BROAD HOLLOW RD MELVILLE. N.Y. 11747 631-249-9480 ['AX NO. 631-249-9484 NOV 4 2005 Re: Rozenbanm, Serge and Susan Premises: S/E cot Main Road and Cedar Lane, East Marion, New York SCTM # 1000-31-6-28.1 Appeal No. 5691 Ladies and Gentlemen: We have, alter multiple conferences with your staff; the Building Department, and the Planning Board staff; modified considerably the scope of this otherwise simple t~armstand. Given the extensive background, we/'eel 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 xvhich 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 ofa farmstand because it is enclosed on four sides. We request an interpretation of the dcfinition, as we contend that the garage doors constitute "open on one side", and therefore the structure is a farmstand. In the alternative, ~ve request approval as a farm building with display and sale of farm produce. 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 sevcn 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 folloxvs: 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 fi'om 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 I st, but their farm work begins well prior to that date, and they desparately need this structure for next season. Thank you for your consideration. AA l~sh&ba Very t~r~)y yours, Abigail A. Wickham cc: Building Department FORM NO. 3 NOTICE OF DISAPPROVAL 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 famr stand at 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 Location of property 7540 Main Road. East Marion, NY ~/~- County Tax Map No. 1000 - Section 3~1 Block 6 Q~,.~ & 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 111, 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 thc owner of the stand on farm acreage within the Town of Southold. Such structure may be onc-stor¥ 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 displayin~ produce, shall be considered a farm stand." The proposed farm stand is tully 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 l~ama stand would require planning board approval, pursuant to Chapter 4%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 Plannina 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 progerlvJ~as changed. d SiJa~/re ~''''' NOV - 0 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. APPLIC~t,N TO THE SOUTHOLD TOWN B~ OF APPEALS ~: ..%-~ ~'[ Fee: $ Filed office Notes: For (?#ice r ~*e On(v Date Assigned/Assignment No. 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 I (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 ownc~ state il'applicanl is ox~ner's attorney, agent architect, builder, contracl 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 ¢o be mailed to, from the above listed names: E Applicant/Owner(s) xL Authorized Representative D Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED: 11/23/04 FOR: X[3 Building Permit L3 Certificate of Occupancy L~Pre-Certificate of Occupancy [) Change of Use [ I 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 1hr: X~3 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. Xl~l Interpretation of Town Code, Article_L1 Section 100-13 "Farmstand" [~ Reversal or Other A prior appeal I ] has XE has not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal App I~q0V 4 200§ Part A: AREA VARIANCE REASONS (attach extra sheet as needed): (1) An undesirable change will not be produced in the CHARACTER of the neighborhooi] or a detriment to nearby properties, if granted, because: The building will be Jess 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 comer 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 comer lot. As soon as one passes the building, the farm begins. See Questions I 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 see the farm from the building, day's, 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 thc neighborhood and the health, safety and welfare of thc community. ( N/A ) Check this box and complete Part B, Questions on next page to apply USE VARIANCE STANDARD. (Please consult your attorney.) Othcrwise~ 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. / /Signa/f/~re of Appellant or Authorized Agent (Age/tit must submit Authorization from Owner) Sworn to before me November~, 2005 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:. Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimension/size: Square footage: Il. If laud is vacant: Please give dimensions and overall square lbotage of new construction: Dimension/size: (28' x 35' includin~ deck and overhanging roof) Square footage:_ 1st floor, 29' X 24' = 696 sq.ft: deck 35X4-140: covered porch 24X6=144; total 1st floor coverage = 980 sq. ft; Basement 696 sq. fl. for storage Height: 16'9.5" to midline of roof; 9.5 feet to soffit; 24' to ridge line Ill. 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 difficullb' in ~neeting the code requirement(s): V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. Previously submitted Please note: Further changes, qfter submitling the above iJ?[brmation, must be place in writing and ma), require a new Notice (~f Disapproval to show changes to the initial plan& If additional time i~ needed, please contact our off,ce, or please check with Building Department (765-1802~ or .4ppeals Department (765-1809) if you are not sure. Thank you. QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is tile subject pre~nises listed on the real estate market for sale? lq Yes x ! No Are there any proposals to change or alter land contours? E Yes x INo I ) Are there any areas that contain wetland grasses? No. 2) Are the wetland areas shown on the map submitted with this application? 3) ls 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 lbr its determination of jurisdiction? Is there a depression or sloping elevation near the area of proposed construction at or below five feet above ~nean sea level? No (if not applicable, sate "n/a'.) Are there an3 patios, concrete barriers, bulkheads or fences that exist and are not shown on the stifle3 map that you are submitting? None .(if none exist, please state Do you have an3 construction taking place at this time concerning 3'our premises? No If yes, please submit a cop3, 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 M~ere or snbmit copies of deed. __ If yes, please Please list present use or operations conducted at this parcel Present use vacant Proposed use- farmstand Auth4o~jzed Signature and Date '~/~orized Signatare m-~d Date' D' 14-1 6-2 (919S)-- 7c 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM SEQR Purpose: The full EAF is designed to help applicant~ 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- Iy, 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 fuji 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 I and Unlisted Actions Identify the Portions of EAF completed for this project: [] Part I [] Part 2 ~Part 3 Upon review of the information recorded on this E^F (Parts 1 and 2 and 3 if appropriate), and any other supportin§ 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 [n 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 · PART 1--PROJECT INFOlds,. ,~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 s'ubiect 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 E^F 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 LOCATION OF A~ON 0nclude Street Address, Municipality and Courtly) sl~ co,-. /~'~n ~.a NAME OF APPLICANT/SPONSOR ADDRESS C;TY/PO ~,q-r-F ~'vc//.. NY llqsz. NAME OF OWNER (11 dllferent) ADDRESS STATE I ZIP CODE BUSINESS TELEPHONE ( ) STATE I ZiP COOE Please Complete Each Question--Indicate N.A. if not applicable A. Site Description Physical se~:ing of overall proiect, both developed and undeveloped areas, 1. Present land use: []]Orban []]Industrial il]Commercial I-IForest ~.gricultu re ~Other 2. Total acreage of project area: I~"' acres. APPROXIMATE ACREAGE Meadow or Brushland (Non-agricultural) Forested Agricultural (Includes orchards, cropland, pasture, etc.) Wetland (Freshwater or tidal as per Articles 24, 25 of ECL) Water Surface Area Unvegetated (Rock, earth or fiji) Roads, buildings and other paved surfaces Other (Indicate Wpe) I-]Residential (suburban) PRESENTLY ~Rural (non-farm) IS' AFTER COMPLETION acres 3l What is predominant soil type(s) on project site} //'/~U'{'//I/~,./ ,]_/~J~ a. Soil drainage: ,,J~VVell drained IOO % of site ~Moderately well drained % of site ~Pooriy drained % of site b. If any a§ricultural 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? ~Yes "J~No al What is depth to bedrock?Il~ / ~ (in feet) S. A'l~proximate percentag, ~ed project site with slopes: ~i ,~ % 1110-15% % f"115% 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.~ C~Yes ~]No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? E3Yes UNo 8. What is the depth of the water table? )'i~'t (in feet) 9. Is site located over a primary, principal, or sole source aquifer? J~Yes I-1No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? [~Yes [~No 11. Does proiect site contain any species of plant or animal life that is identified as threatened or endangered? C]Yes J~No 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) ~Yes ~No Describe 13. is the project site presently used by the community or neighborhood as an open space Dr recreation area;~ Yes eNo If yes. exp a . 4 veJop*eh 14. Ooe5 the presen~ site include scenic views known to be important to the community? ~Yes ~No 15. Streams within or contiguous to pro,oct area: ~/~ a. Name of Stream and name of River to which it is trJbuta~ 16. Lakes, ponds, wetland areas within or contiguous to proiect area: a. Name /~//~ b. Size (In acres) ~7. Is the site served by existing public utJiities~ r~yes r-lNo a) If Yes, does sufficient capacity exist to allow donnection? ~¥es [~No b) If Yes, will improvement~ be necessary to allow connection~ [~Yes I-INo 18. Is the site located in an agricultural district certified, pursuant to Agriculture and MarkeLs Law, Article 25-AA, Section 303 and 304? I~lYe~ 19. Is the site located in or substantially contiguous to a Critical Environmental ,*,rea designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 ~Yes ~]No 20. Has the site ever been used for the disposal of solid or hazardous wastes? I-lYes l~No 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~' acres. b. Project acreage to be developed: '~) acre~ initially; 3 acres ultimately. c. Proiect acreage to remain undeveloped [~ acres. d. Length of project, in miles: /~ /A. (if appropriate) e. If the project is an expansion, indicate percent of expansion proposed %; f. Number of off-street parking spaces existing O ; proposed g. Maximum vehicular trips generated per hour ~3 ih i(~-' Od~ (upon' completion of project)? h. If residential: Number and type of housing units: One Family Two Family Multiple Family Condominium initially 0 L Dimensions (in feet) of largest proplosed structure?~hei.~)~t; ~-~ ._ width; ?).~ length. /7)/.. Ill . j. Linear feet of frontage along a public thoroughfarle/;)~o'je~ wlflI ~/~'cupy ,,? ~ ft. 3 :~'. How much natural ~., rock, earth, etc,) will be removed ( : site? 3. Will disturbed areas be reclaimed? I-lYes ~No [N/A a. If yes, for what intended purpose is the site bein§ reclaimed? b. Will topsoil be stockpiled for reclamation? [DYes []No c. Will upper subsoil be stockpiled for reclamation? r-]Yes rqNo 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? _~' ¢ ~ acres· 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? 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 I month c. Approximate completion date of final phase month d. Is phase I functionally dependent on subsequent phases? I-lYes I-]No 8. Will blasting occur during construction? OYes 9. Number of jobs generated: during construction 7-~-" ; after project is complete 10. Number of jobs eliminated by this proiect (~ . 11. Will proiect require relocation of any projects or facilities? []Yes ~,No If yes, explain . tons/cu'bic yards year, (including demolition). year. 12. Is surface liquid waste disposal involved? []Yes I~No 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 nvolved;' I~Yes ~No Type ,~-C~"~'~l,~/ 14. Will surface area of an existing water body increase or decrease by proposal? ~]Yes t~No Explain 15. Is proiect or any portion of project located in a 100 year flood plain? r~Yes 16. Will the project generate solid waste? [Yes .~No a. If yes, what is the amount per month _~.~_k~- tons b. If yes, will an existing solid waste facilityo ~ Xbe u~e~t~ E]Yes I~No c. If yes, give name .; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? e. If Yes, explain ~No ~Yes 17. Will the project involve the disposal of solid waste? E3Yes l~No a. If yes, what is the anticipated rate of disposal? tons/month. ~,,.-~ b. If yes, what is the anticipated site life? years. ~18 Will project use herb c des or pesticides? I-lYes E]No 19. Will project routinely produce odors (more than one hour per day)? F-lYes J~No 20. Will project produce operating noise exceeding the local ambient noise levels? r~Yes 21. Will proiect result in an increase in energy use? ~[,Yes ~No If yes , indicate type(s) ~]eC'h~iC.~ ~J~r~ 22. if water supply is from wells, indicate pumping capacity 'Jl~l:>l¢~ gallons/minute. 23. Total anticipated usage per day ~coJ gallons/day. 24. Does project involve Local, State or Federal funding? [Yes ~No If Yes, explain 4 25. Approvals Required: City, Town, Village 8oard E3Yes ~No City, Town, Village Planning Board F'lYes F-INo City, Town Zoning Board [~Yes City, County Health Department ~]Yes OHo Other Local Agencies E]Yes ~No Other Regional Agencies l-lYes ~]No State Agencies OYes I~No Federal Agencies OYes (~lNo Submittal Type Date C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? J~Yes OHo If Yes, indicate decision required: Ozoning amendment ,J~zoning variance E]special use permit E]subdivision Clsite plan E~new/revision of master plan I-Iresource management plan FTother 2. What is the zoning classification(s)of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning~ Z 5F~ + c~cceS~O~, e c~c~ 4. What is the proposed zoning of the site? J~(~, 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted ic~cal land use plans? I~Yes ONo 7 What are the predominant land use(s) and zoning classifications within a % mile radius of proposed action? 8 is the proposed action compatible with adjoining/surrounding land uses within a '4 mile? bYes ViNo 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water district~? E]Yes ii]No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ~[]Yes I-tNo a. If yes, is existing capacity sufficient to handle projected demand? F~Yes 12. Will the proposed action 'result in the generation of traffic significantly above present levels/ E~Yes ~No a. If yes, is the existing road network adequate to handle the additional traffic? (~[Yes 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 impact~ 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/Spc).p}or Name, ~eJ~ ~oz~NT-----------------~Om Date IoI~OI~cOA Signatur~/ ~~ ~ TitJe I~ the action n the Coastal Are~, ~nd you ~re a ~tate agency, complete the Coastal A~*es*menl ~orm befor~ proceedlng 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. 8ut, 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 appropriate box (column I 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. iMPACT ON LAND 1. Will the proposed action result in a physical change ko the project site? E]NO E]YES Examples that would apply to column 2 · Any construction on slopes of 15% or greater, {15 foot rise per 100 foot of length), or where the general slopes in the proiect area exceed 10%. · Construction on land where the depth to the water table is less than 3 feet. · Construction of paved parking area for 1,000 or more vehicles. · Construction on land where bedrock is exposed or generally within 3 feet of existing ground surface. · Construction that will continue for more than 1 year or involve more than one phase or stage. · Excavation for mining purposes that would remove more than 1,000 tons of natural material ti.e., rock or soil) per year. · Construction or expansion of a sanitary landfill. · Construction in a designated floodway. · Other impacts 2. Will there be an effect to any unique or unusual land forms found on the s re? (i,e., cliffs, dunes, geological formations, etc.)I-]NO I-lYES · Specific land forms: 1 2 3 Small to Potential .Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes E]No [] [] []Yes E]No [] [] []Yes []No [] [] ~]Yes []No [] [] []Yes E~No [] [] []Yes EgNo [] [] []Yes []No IMPACT ON WATER 3. Will proposed action affect any water body designated as protected? (Under Articles 15, 24, 25 of the Environmental Conservation Law, ECL) ~YES Examples that would apply to column 2 · Developable area of site contains a protected water body. · Dredging more than 100 cubic yards of material from channel of a protected stream. · Extension of utility distribution facilities through a protected water body. · Construction in a designated freshwater or tidal wetland. · Other impacts: 4. Will proposed action affect any non-protected existing or new body of water? ~NO E-lYE S E:tamples that would apply to column 2 · A 10% increase or decrease in the surface area of any body of water or more than a 10 acre increase or decrease. · Construction of a body of water that exceeds 10 acres of surface area. · Other impacts: 5. Will Proposed Action affect surface or groundwater quality or quantity.,? [~NO I-lYES Examples that would apply to column 2 · Proposed Action will require a discharge permit. · Proposed Action requires use of a source of water that does not have approval to serve proposed (project) action. · Proposed Action requires water suppiy from wells with greater than 45 gallons per minute pumping capacity. · Construction or operation causing any contamination of a water supply system. · Proposed Action will adversely affect groundwater. · Liquid effluent will be conveyed off the site to facilities which presently do not exist or have inadequate capacity. · Proposed Action would use water in excess of 20,000 gallons per day. · Proposed Action will likely cause siltation or other discharge into an 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 products greater than 1,100 gallons. · Proposed Action wi[[ allow residential uses in areas without water and/or sewer services. · Proposed Action locates commercial aodJor industrial uses which may require new or expansion of existing waste treatment andJor storage facilities. · Other impacts: 6 Will proposed action alter drainage flow or patterns, or surface water runoff.~ []NO []YES Examples that would apply to column 2 · Proposed Action would change flood water flows. 1 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes []No [] [] r~¥es [] [] ©Yes [] [] F-lyes []No [] [] []Yes []No [] [] []Yes []No [] [] []Yes []No ~ ~ ~Yes ~No ~ ~ ~Yes ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No · Proposed Action may cause substantial erosion. · Proposed Action is incompatible with existing drainage patterns. · Proposed Action will allow development in a designated floodway. · Other impacts: IMPACT ON AIR 7. Will proposed action affect air quality? CE]NO OYES Examples that would apply to column 2 · Proposed Action will induce 1,000 or more vehicle trips in any given · Proposed Action will result in the incineration of more than I ton of refuse per hour. · Emission rate of total contaminantz will exceed $ lbs. per hour or a heat source producing more than 10 million BTU'$ per hour. · Proposed action will allow an increase in the amount of land committed to industrial use. · Proposed action will allow an increase in the density of industrial development within existing industrial areas. · Other impacts: IMPACT ON PLANTS AND ANIMALS 8. Will Proposed Action affect any threatened or endangered species? ~NO ~YES Examples that would apply to column 2 · Reduction of one or more species listed on the Ne~, York or Federal tist, using the site, over or near site or found on the site. · Removal of any portion of a critical or significant wildlife habitat. · Application of pesticide or herbicide more than twice a year, other than for agricultural purposes. · Other impacts: 9. Will Proposed Action substantially affect non-threatened or non-endangered species? E~NO ~YE5 Examples that would apply to column 2 · Proposed Action would substantially interfere with any resident or migratory fish, shellfish or wildlife species. · Proposed Action requires the removal of more than 10 acres of mature forest (over 100 years of age) or other locally important vegetation. IMPACT ON AGRICULTURAL LAND RESOURCES t0. Will the Proposed Action affect agricultural land resources? ON• OYES Examples that would apply to column 2 · The proposed action would sever, cross or limit access to agricultural land (includes cropland, hayfields, pasture, vineyard, orchard, etc.) 1 Small to Moderate Impact [] [] [] [] [] [] [] [] [] [] [] [] [] 2 Potential Large Impact [] [] [] [] [] [] [] [] [] [] [] [] [] 3 Can Impact Mitigated By Project Change []Yes []No []Yes •No []Yes [~No [Yes []No []Yes [~No I-'lYes [~No OYes ElNa OYes []No []Yes []No OYes •No []Yes []No []Yes []Na []Yes []No []Yes [~No OYes ~]No OYes []Yes {~No · Construction activity would excavate or compact the soil profile of agricultural land. · The proposed action would irreversibly convert more than 10 acres of agricultural land or, if located in an Agricultural District. more than 2.5 acres of agricultural land. · The proposed action would disrupt or prevent installation of agricultural tand 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: IMPACT ON AESTHETIC RESOURCES 11 , Will proposed action affect aesthetic resources? []NO []YES (If necessary, use the Visual EAF Addendum in Section 617,20, Appendix Examples that would apply to column 2 · Proposed land uses, or proiect components obviously different from 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 aesthetic resources which will eliminate or significantly reduce their enjoyment of the aesthetic qualities of that resource. · Proiect componenLs that will result in the elimination or significant screening of scenic views known to be important to the area. · Other impacts: IMPACT ON HISTORIC AND ARCHAEOLOGICAL RESOURCES 12, Will Proposed Action impact any site or structure of historic, pre- historic or paleontological importance? [NO I-lYES Examples that would apply to column 2 · Proposed Action occurring wholly or partially within or substantially 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 project site. · Proposed Action will occur in an area designated as sensitive for archaeological sites on the NYS Site Inventory. · Other impacts: 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 []NO []YES · The permanent foreclosure of a future recreational opportunity· · A major reduction of an open space important to the community. · Other impacts: 9 I 2 3 Small to Potential Can Impact @e Moderate Large Mitigated By Impact Impact Project Change [] [] ~Yes ~]No [] [] E]Yes r-lNo [] I-1 I-lyes [-1No [] [] I-lYes I'-]No [] [] EgYes C]No [] [] F"lYes f-'lNo i-1 [] ~Yes E]No [] [] E]Yes EE]No [] [] I-lYes E]No [] [] IZ]¥es E]No [] [] r-lyes C]No [] [] C]¥es F-1No [] [] E]Yes [ZiNo [] [] r-iyes F-JNo [] [] E]Yes r'-lNo IMPACT ON CRITICAL ENVIRONMENTAL AREAS 14 Will Proposed Action impact the exceptional or unique character- istics of a critical environmental area (CEA) established pursuant t~ subdivision 6 NYCRR 617 14(g) ? ~NO [~YE5 List the environmental characteristics that caused the designation oi the CEA. Examples that would apply to column 2 · Proposed Action to locate within the CEA~ · Proposed Action will result in a reduction in the quantity of the resource? · Proposed Action witl result in a reduction in the quality of the resource? · Proposed Action wdl impact the use, function or enjoyment o1: the resource? · Other impacts: [MPACT ON TRANSPORTATION 15. Will there be an effect to existing transportation systems? [~NO ~YES Examples that would apply to column 2 · Alteration of present patterns of movement of people and/or goods. · Proposed Action will result in maior traffic problems. · Other impacts: IMPACT ON ENERGY 16. Will proposed action affect the community's sources of fuel or energy supply? r~NO I:xamples that would appiy to column 2 · Proposed Action will cause a greater than 5% increase in the use any form of energy m the mumcipaiity · Proposed Action wdl require the creation or extension of an energy 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: 10 I 2 3 Small to Potential Can Impact Be Moderate Large Mitigated By Impact Impact Project Change [] [] []Yes []No [~ ~ [~Yes []No ~ ~ ~Yes ~o ~ ~ ~tes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~No ~ ~ ~Yes ~ G ~Yes ~No NOISE AND ODOR IMPACTS 17. Will there be objectionable odors, noise, or vibration as a result of the Proposed Action? F'INO I-lYES Examples that would apply to column 2 · Blasting within 1,500 feet of a hospital, school or other sensitive facitity. · Odors will occur routinely (more than one hour per day). · Proposed Action will produce operating noise exceedin§ the local ambient noise levels for noise outside of structures. · Proposed Action will remove natural barriers thai: would act as a noise screen. · Other impacts: IMPACT ON PUBLIC HEALTH 18. Will Proposed Action affect public health and saf~ty.~ nNO EgYE$ E:~amples that would apply to column 2 · Proposed Action may cause a risk of explosion or release of hazardous substances (i.e. oil, pesticides, chemicals, radiation, etc.) in the event of accident or upset conditions, or there may be a chronic Iow level discharge or emission. · Proposed Action may result in the burial of "hazardous wastes" in any form (i.e. toxic, poisonous, highly reactive, radioactive, irritating, infectious, etc.) · Storage facilities for one million or more gallons of liquified natural gas or other flammable liquids. · Proposed action may result in the excavation or other disturbance within 2,000 feet of a site used for the disposal of solid or hazardous · Other impact~: IMPACT ON GROWTH AND CHARACTER OF COMMUNITY OR NEIGHBORHOOD 19. Will proposed action affect the character of the existing community~ [E]NO aYES Examples that would apply to column 2 · The permanent population of the city, town or village Jn which the project is located is likely to grow by more than $%. · The municipal budget for capital expenditures or operating services will increase by more than 5% per year as a resutt of this project. · Proposed action will conflict with officially adopted plans or goals. · Proposed action will cause a change in the density of land use. · Proposed Action will replace or eliminate existing facilities, structures or areas of historic importance to the community. · Development will create a demand for additional community services (e.g. schools, police and fire, etc.) · Proposed Action will set an important precedent for future projects. · Proposed Action will create or eliminate employment, · Other impacts: 1 2 3 Small to Potential Canlmpact Be Moderate Large Mitigated By Impact Impact Project Change [] [] ~Yes ~]No [] [] I-lYes I-]No [] [] []Yes ~No [] [] E]Yes []No [] [] []Yes [Z]No [] [] E]Yes E]No [] [] []Yes EZ]No [] [] []Yes EE]No [] [] EgYes E]N0 [] [] ©Yes C]No [] [] [DYes []No [] [] []Yes EE]No [] [] E]Yes E]No [] [] []Yes E]No [] [] r'-'lyes []No [] ~ ~Yes ©No [] [] EE]Yes [] [] []Yes []No [] [] ~]Yes []No 20. Is there, or is there likely to be, public controversy related to potential adverse environmental impacts~' E3NO EIYES If any action in Part 2 is identified as a potential !argo impact or if you cannot determine the magnitude el impact, proceed to Part 3 11 Part 3--E LuATIC)N OF THE IMPOR' :)F IMPACTS Responsibility of Lead Agency Part 3 must be prepared il: oneor more impactls) 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: '[. 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. ~3ased 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 ii:reversibility, 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 obiections to the project relate to this impacL (Continue on attachments) 12 14-14-t! 61.7.20 Appendix B Slate Environmental Qualify Review Visual EAF Addendum SEQR 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 1. Would the project be visible from: · A parcel of land which is dedicated to and available to the public for the use, enjoyment and appreciation of natural or man-made scenic qualities? · An overlook or parcel of land dedicated to pubtic 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 natural features? · 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 scenic) · Municipal park, or designated open space? · County road? · State? · Local road? Project and Resource (in Miles) 0-V4 V4-V2 V2-3 3.5 5+ 2. Is the visibility of the project seasonal) (i.e., screened by summer foliage, but visible during other seasons) F"lYes 3. Are any of the resources checked in question '! used by the public during the time of year during which the project will be visible? C]Yes C]No DESCRIPTION OF EXISTING VISUAL ENVIRONMENT 4. From each item checked in question 1, check those which generally describe the surrounding environment. Within *~/4 mile '1 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: *V2 mile ]'-]Yes []No '1 miles []Yes []No *2 miles [--]Yes []No *3 miles [-'}Yes ~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 [] E~ [] [] Routine travel by residents [] [] [] [] At a residence [] [] [] [] At worksite [] [] [] [] Other [] [] [] [] 2 617.21 Appendix C State Environmental QualiO, Review SHORT ENFIRONMENTAL ASSESMENT FORM For UNLISTED ACTIONS Only PART I Project Information (To be complete by Applicant or Prqject sponsor) I. AnolicanffS~onsor 2 Project Name l SERGE ROZENBAUM SUSAN ROZENBAUM and 3. Prqiect location: Municipality Coum3 East Marion/Southold Town Suffolk ] 4. Precise location (Street address and road intersections, prominent landmarks, etc. or provide map) S/E comer Main Road and Cedar Lane, 1000-3 I-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 cxisting or other existing land use restrictioas: ( )YES (X)NO If no, describe briefly: Setback variance and enclosure interpretation reouired from ZBA; ] 9.What is present land use in vicinity of project: (describe): I (X) Residential ( ) Industrial ( ) Com~nercial (X) Agricultural ( ) Park/Forest/Open Space ( )Other / 10 Docs action involved a permit approval or flmding, now or ultimatel3 from any other Governmental agency, (Federal, State, Local)'? ( ) YES (X) NO If Yes, list agency(s) and pemfil/approvals: 11. Does any aspect of the action have a currently valid permit or approval? ( )YES (X)NO If Yes, list ageucy(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modific tLi. o_n? )YES (X)NO If Yes. list aaeucv(s) and permit/approvals: I certify that the ittformation provided above is true to the best o fro, knowledge Applicant/Spgp'~'· Name: SERGE and SUSAN ROZENBAt (/' I e wtton is b~/~he ('oasta[ drea. ~md 'ou are ri state agency complete ('oas/al ~ts.s'ea.sment l:orm br~/ore proceeding with this assessment. / I MAP 1 "=600' OJECT AREA I 99.6 LOT 1 tREA = 652.485 sq. ft 14.979 crc. ADDITIONAL ¥4- RCA PARKING ~.NT RIGHTS AREA = 561.889 SQ. FT. LOT dc RIGHT OF WAY AREA) 12.899 ac. ERICJ. BRESSLER ABIGAIL A. WICKIIAM LYNNE M. GORDON JANET GEASA LAW OFFICES W1CKHAM, BRESSLER, GORDON & OEASA, P.C. 13015 MAIN ROAD. P.O. [lOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblaw(¢aol.com WILLIAM WICKHAM (06-02) 275 BROAD ItOLI,OW ROAD SUITE I I 1 MELVILI,E. NEW YORK 11747 631-249-9480 FELEFAX NO, 631-249-9484 December 29, 2005 Attn: Bruno Semon Southold Town Planning Board Post Office Box 1179; 53095 Main Road $outhold, New York 11971 Re: Rozenbaum, Serge and Susan Premises: S/E cot Main Road and Cedar Lane, East Marion, New York SCTM tt 1000-31-6-28.1 Dear Bruno: Enclosed is a copy of the curb cut permit from the State of New York Department of Transportation. Encl. Cc: Zoning Board qt Appealx 30/shdph l bi? Wicklam 18:31 6312848711 1# GREENgIff'.IERI~:~ PECONI(]_ANDTRUSTINC J I, HIGHWAY WORK PERMIT Uhcle'r th~ provisions of the H~gnway Law Or Vet~le& Tralfie Law, pelmt~i~ is hereic~y granted t~ trqe-oelmittee to:. C;oun~[~iltl( Sii~THIL~ ~unlcdpality ~ Roms # - as set forth and re[~,eseflted in the affa~hed a~plicafloa at the par11~l~ location or area, or over Ifle i'outea as · almuaflt to the c~qditions and reguln~ons general ot soecial, en~ melhods of petf'otmlng work, if any; all of wl~h are set Iorlh In ti!e Daled ~ ~ommiss~e r of *'frans ' I~/~ll~lq ~e ~m.M pOR?AN T , THIS PERMIT, wrm APFUCATION RNO DRAVa NO (OR COHES THEIR EOF) ATTAC~EO SH/iLL BE~CEO ~N T~E HALOS OF ?HECONI'RR~DR UPON COMpLBTII:~OR~I]~J( AUTHOFI[Z~D, 11~E I~)LJY~NJ,YIg~LYIi OeilPLLq~"O, SIGNED BY THE t hls:pern:at ha~ bee~ camp R fund al deposit o o~ Ilond is rgque;t C~. R~fund of Oepo~ ie.~utharlzad ~1 Fle~ain Bo~d f~r tut~re permils CI Other ~ Permltlee v.!lt.t~ause an a~orove~ c~py af ~ nPPlleaUen :t~ ,be and remain nttaeh~ he,eta u~'dl : ~ : ..... ., APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringcr Vincent Orlando .lames Dinizio, .ir. Michael A. Simon TOWN MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Planning Board Ruth D. Oliva, ZBA Chairwoman November 29, 2005 Request for Comments Southold Town Hall "~ ~-~ 53095 Main Road · EO. Box 1179 vL~ Southold, NY 11971-0959 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southol& NY 11971 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 569t 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. LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA P.C. W1LLI.IAM WICKHAM (06-02) ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA 13015 MAIN ROAD, P.O. BOX 1424 MATT1TUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 MELVILLE OFFICE 275 BROAD HOLLOW RD SUITE 111 MELVILLE, N.Y. 11747 631-249-9480 FAX NQ~631-249-9484 November 3 2005 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 NOV 4 2005 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 ofa 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. 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 tkroughout 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 pementage 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 fame. 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 heating. Our clients's flowering season begins June 1 st, but their farm work begins well prior to that date, and they desparately need this structure for next season. Thank you for your consideration. A A W/dm l/shdzba Very ~uffky yours, Abigail A. Wickham f~OV 4 2005 cc: Building Department FORM NO. 3 NOTICt; OF DISAPPROVAL DATE: November 30, 2004 AM~ED: March 4, 2005 AMENDED: June 30, 2005 AMENDED: September 12, 2005 AMENDED: October 5, 2005 AMENDBD: November 2, 2005 TO: East E~xt Desilpa Associates (Niamo~d fakis/Rozenbmam) 5130 Main Bayview Road Southold, NY 11971 Please take notice that your application dat~,d November 23, 2004 Fox' permit to construct and ooer~te a farm stand at Location of property ?540 Main Road. East Marion, NY County Tax Map No. 1000 - Section 31. Block6 Lot 28.~1 I$ returned herewith and disapproved on the following grounds: T..Jhe proo.osed construction, on ~ 18.75-acre farm parcel, with three front yards, in the .A._C zone, i~ not permitted purs.U~t to Article lII, Section 1Q0-32, which state~, "No build~ or o. remi~0s ~hall be used and no building or part there, gl shall b~.0reeted or altered in the A-.~. R-80, P,4 20. R-200 and R-400.D~strims un[0ss the same confoms m the Balk, Schedule and Parking Schedule jneomorate, d into this chapter with the same force marl effect as if such regulations were s~ forth herein full.'_' AecoJ:~ling to bulk schedule, ~he prol~o,ed construction requires a fi:ont yard s~tback of 60 feet. F_ollowine the nrooosed construction, the farm stand will have a from yard setback of+l- 15 feet (from Cedar Lane~} and +/. 6 feet (from a vrovos~d~~ In addition, the oropozed farm $ 't~_d is no..t permitted pursuant to Article I, Section 100-13. which d~ es a farm tand as "Any structure ooen to the weather on at least one side. used for the solo purpose of retail sale. 9F nroduee grows.by the ow,er of the.{tand on farm acreage Within the Town ~f Southold. Such ,tmetm'e laaav be one-story or less. roofed or had, e. partial walls mad floorine but may not be eomplet.ely enclo~.e..d exceut when the busilaess is closed. A farm stand may not be ins~llated or mechanically begted or ~ooled b,~ r~ermaneat equipment. A truck bed or trailer on wheels. with areas in excess ~f20 square feet dist>la~!gg prod"o-e, shall be considered a farm stand." The proposed farm st,md is ~ullv enclosed. Therefore, it does not meet the town's definition of a farm !n ~..dition iftlle vaxianoe is granted as awlied for parkina for the farm sta~d would reauim olanning b.oard a0Urov~l, pm~uant ~,o Chapter 47-3, G.,_which. states, "The sim pl~ shall provide one harking space for e. yer¥ 100 ~auax¢ fcct of stand and ~recnhouse area. in a location atr~royed by thc Plannin~ ~_his Notice of Disapproyal vas amended on Ma. rob 4, 200~.~ to remove the need for a setba¢lt . varian~ from Ced..~.r Lane. fo!lewin~ new, information, presented to this depgrtment th. at notes .Ih._~t'ihe applica, nt has no ae~ess rlehts to that rleht ~his Notice of Disaoproval was further am.ended on June 30. 2005 to revert back to the original disapp~0vnl at the reauest of llle applicant. This Notice of Dis.approval was amended on September 12. 2005 to include the need. for olamfln~ board approval. Thais Notice q.f Disappr0Y.~l was amended on. October $~. 2005 after, the anplicant amen~led the plan to remove a proposal to insulate the I~uildin~ ~nd on November 2~ 200.~ to rem0'~e the prop.o~ed attic sp~ce. : ~'~ ~-"'~ ~dSi'~ ~ ........ Authoffze atum 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. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Fee: $ Filed By: For Office Use Only Date Assigned/Assignment No. _ 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 ! (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED:k 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 anomey, agent, architect, builder, contract vendee, etc Authorized Representative: Abigail A. Wickham, Esq. Attorney Address: P.O. Box 1424~ Mattituek, 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 DEN1ED AN APPLICATION DATED: 11/23/04 FOR: X[] Building Permit O Certificate of Occupancy [~Pre-Certificate of Occupancy [] Change of Use E] 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: Xv1 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 1 Section 100-13 "Farmstand" [] Reversal or Other A prior appeal [] has X[3 has not been made with respect to this property UNDER Appeal No. Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REASONS (attach extra sheet as needed): NOV ~ 2005 (1) An undesirable change will not be produced in the CHARACTER of~he neighborhood or a detriment to nearby properties, if granted, because: The building will be lSss 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 comer 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 thc 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 comer 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, and can see the farm from the building. On cold 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 ora 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. /Signa/~re of Appellant or Authorized Agent (Agoflt must submit Authorization from Owner) Sworn to before me November~, 2005 N~j~r~ Public DONNA McGAHAN Notary Publlo, State of New Yo~ No. 01M04851459 Qualified In Suffolk County Commission Expire8 Aug. 18, 2006 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: Please give the dimensions and square footage of new proposed foundation areas which do not extend beyond the existing building: Dimension/size: Square footage:___ I1. 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 1st 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 III. 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 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 ls the subject premises listed on the real estate market for sale? [] Yes x[21 No Are there any proposals to change or alter land contours? [] Yes x[3No 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 o£jurisdiction? 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 Pleaselist present use or operations conducted atthis parcel Present use - vacant Proposed use -farmstand Au~zed Signature and Date J~fiorized Signature a~d Date ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MA1N ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 wwblawCt~)aol.com November 22, 2005 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SU1TE 111 MELVIt,LE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Attn: Bruno Semon Southold Town Planning Board Post Office Box 1179 53095 Main Road $outhold, 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 Proposed Farm Stand Dear Bruno: Thank you for having the Planning Board review this application at last night's work session. Enclosed are the following: 1. Latest notice of disapproval dated November 2, 2005 2. Copy of letter from Gardiner's Bay Estates 3. Planning Board covenants 4. Copy of Peconic Land Trust letter 5. Copy of deed to Lot 1 The details of the proposed structure are: -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 We have asked the ZBA for an interpretation of the farmstand definition of"open to the weather on at least one side" to allow garage doors. The season is mid-April to June, weekends; July, August - full time; September to October or November, depending on weather. Generally there are at most two to three cars at any one time. The past two summers have seen this volume of moderate traffic until July 4th weekend, which is the peak visitor time with up to six cars at one time (plus one employee). To clarify the 25 foot right of way, Lot 1 of the subdivision contains the 12 acre farm to which development rights have been sold, as well as the building area on Main Road where the farmstand is proposed and the residential building area in the rear. These areas are not to be subdivided from each other. The residential building area and the second building lot, Lot 2, are accessed by the right of way. The right of way is 25 feet wide, and a 16 foot width is required on the driveway. The right of way is part of Lot 1, but has been excluded fi'om the sale of development rights. As soon as I have further word from the ZBA, I will be in a position to determine whether a site plan application should be submitted. Thank you for your attention to this matter. Very truly yours, AA W/lb 30/shdpb Abigail A. Wickham Submission Without a Cover Letter Sender: Subject: SCUM#: ~000- 3'1- {5(*- 2.8,1 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 TELEI'AX NO. 631-298-8565 wwblaw,~aol.com November 3, 2005 WII,LIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 631-249-9480 TEI,EFAX NO. 631-249-9484 Attn: Bruno Semon Southold Town Planning Board Post Office Box 1179 53095 Main Road 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 Proposed Farm Stand Dear Bruno: We have been working with the ZBA and Building Department for some time on this proposed farm stand for sale of lavender farm products grown on this 13 acre farm. Suffolk County owns the development rights to all but a small corner on Main Road where the farm stand is to be located. The Planning Board approved the map containing the farm and other property under "Setoffand Lot Line Modification Map prepared for Michael Niamonitakis..." in June, 2004. We request a preliminary meeting with the Planning Board at its work session to address parking. The ZBA staff has required a traffic study prior to scheduling the hearing, and I would like to address with the Planning Board whether it thinks that should be necessary. The ZBA staff has also requested 13 parking spaces, including spaces in the farm land from which the development rights have been sold. We would prefer not to ask the Suffolk County Farmland Select Committee lbr permission to park on the fam~land, which is in active agricultural production, unless the Planning Board requires it. A farmstand requires only parking review by the Planning Board under Chapter 47. The Building Department has taken the position that this is not a "farmstand" because it is not open on one side. The proposed building will have overhead garage doors all along not one but two sides, two doors per side. We have requested the ZBA to issue a reversal of the Building Department interpretation of "open on one side", but if they uphold the Building Department, we will request approval of the building as a farm building for sale and display of farm products. This will require site plan review or waiver by the Planning Board. To get started, please set an appointment to discuss parking spaces, traffic study, and any other input the Planning Board would like to offer at this point. A site map and proposed elevations are enclosed. Salient points regarding the building proposed are as follows: Very truly yours, AA 30 shdpb Abigail A. Wickham GARDINERS BAY ESTATES HOME OWNER ASSOCIATION, INC. P.O. Box 4, East Marion, New York 11939-0004 October 10, 2005 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 desig~ your lavender farm adjacent to our owned access mad, 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. 88:81 6312040711 PECONIC LAND TRUST ? EC OIxlI C LAI~I D TRUST April 26, 2005 Abigail Wiokham, Esq. 10315 Mabx Road PO Box 1424 Mattituek, NY 11952 Niamonitalds Set-Off & Lot Line Modification Plan SCTM#'a: 1000-31-6-28_1 & 29 Dear Ms. Wickham: Per our discussion today, the following is meant to clari~ the above-referenced plan. The final concept plan for the above-referenced project was based on our review of plan confignr~tions with tho 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 Tow~ approved Road mad 12kainage Plan and .NYS Departmcnt of Transportatl.on 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 properS/from the Suffolk County Farml~md Committe~. Sincerely, Marian P. Sttmner Di.rector of Conservation Programs w'~rw, pcc onJ. cl an dt mst ,org , 02/14/05 ~(0N 13:41 FAX 63_1_ 722 9631 C0~0N'WEALTH -~-~-~ WICKHAM WICKtIA~I ~]001 8anf~liPpo, Josephine Page i of I 4/2005 02,'14/05 MON 13:42 FAX 631 722 9631 COMMONWEALTH ~ WICKH?~M WICKHAM ~002 02/14/05 MON 13:43 FAX 631 722 9631 COM~IONWEALTH -~-~-~ WICKHAM WICKHAM [~003 l IUre m fl~l ~ illll I]l[llll mi iiI~'IIII[HI Illl]llllllJlllllNI SUFFOLK COMITY CT.,BRE RRCORDS OFFTC]~ 2~nber : 04-0124986 TAX HUMBRR: 04-15535 D:J.B~:rlC t:: 1000 Deed Am~:~-,',t: l~c. ozded: 11/12/2004 04s11:22 PM Received l~e Follow~ng Fees For PO~Je/FllLng $12.00 COB $5.00 · P-$84 $5.00 lq~ $90.00 Transfe~ t~Eur ~880.00 THI~ TS NOT A BTT-T- D00012354 537 Edward P.R~ne (~nty CleEk, Su£~olk County ~o~-: 028. ess $15.00 $165.oo $o.o0 $0.0o ;2,900.00 $4,082.00 NO NO NO NO 02/14/05 lION 13:44 FAX 631 722 9631 COMMONWEALTH *** WlCKIIAM WICKHAM ~004 TORRENS LT_ U L I. Itasic Ta~ 2. Additional Tax. ~. ~. TAX Onl Tn-- ~ Cnnty , Held f~A~ ~e~th~ isor will be ia~ ~ a one or two hmily d~[~& ~ ~o · ,..~ ~ · I ~ iLO00 031.00 0600 02B006 ' .,~ I t~_L~T_:~ soon oanno o~00 oo?oou P.O. Box 9398 :, [] Title Company Information Suffolk ' Recordin &Endorsorn~nt'Pa e"' This ~ fOU~ I~ ufth~ ~ nebd made by':. ~n ~e 'ib~p ~q 5 ~U ~ M~' BE'I~ ~ P~[~ IN ~INK ~LY ' (OVER) 02/14,/05 i~ION 13:44 FAX 631 722 9633. COMMONWEALTH -~-~-~ WICKHA~ WICKHAM [~005 "J'J~JJ/OJJ~ll~delj~ ~)L~7 ~j O~i. obex: ,il~dl~Or both r~nld~,nG ~t 310 65th S£reel:~ ~u~.te A-2~ ~rookl~t~ ~ 11~0c) of ~ York ~c'nca 03~.00 jttx~c 06.00 L~' 028.002 02/14/05 ~ION 13:45 FAX 631 722 9631 (:OM~IONWEALTH -0-~-* WICKHAM WICKHA~I [~007 · RH80013! 2.3 SCHEDULE A- DESCRZP'r ON ALL that cmtaln Mot, piece or parcel of land, lying and beim:j at ~ Harlon, Town of South~d, County of Suffolk and $1Z~ of New York, truing k/iowrl and designated as ,~ltcl by LOM. N~s. I -.l~llllB.as shown on a certain map enUtlnd, ~et Oil and I.~ Line Modl§ciation Map prepared for bllchaet NJarrmnil:akis ar,d Emanuei Nlamonhalds',, filed in the Office of'the Clerk of the COUnLy. o.f Surt~lk on. D7/19/04 as Hap ldo. 113.33. Fee Polic~ REQUEST FOR INFORMATION OR ASSISTANCE Date: Name: Telephone: Mailing Address: SCTM# of site you are inquiring about: /ooo - 5 ~- 0~ - Z G, ( Query: (Please be specific about the information you need. Provide supporting documentation - surveys, maps, sketches - where possible.) ,~ EAST END DESIGN ASSOCIATES, November 23rd, 2004 Southold Town Building Dept. Re' Rosenbaum property Main Road East Marion, NY. 11939 Ref: 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) From yard setback on the west side of structure (between building and Cedar Lane) at this time we have 15 feet. (2) From 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 th'~e 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 CC: filc, Z.B.A. Note to Applicant: Any change or deviatiou to the above referenced application may require additional review from the Southold Town Building Department. t~UILDING DEPARTMENT TOW~ HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ Examined , 20__ ~ ~ve or need ~e followmg, before upping? Bo~d of Hed~ pi~h31~g B~d appmvM S~ey. 'Ch~ "" ' - Contact: ' PERMIT NO, Approved ¢ ,20, ~'"'-~ Mai/to: 1:~%'7 Disapproved Wc / Phone::' (¢~15 Exp~anon =, 20 2 3 2004 APPLICATION FOR BU D G PE T - '~ , d;~,~':, . Date /I . :. Th,s apphcat~on ~ST be completely ~led ~ b7 ~e~,~[~[~j~, ~¢~;a t° ~e Buil~g ~pector wi~4 sets or pl~, acetate plot pl~ to scale. F~ accor~g to scheme',: . ' ': ; ........ b. Plot pl~ showNg location of lot ~d ofb~gs on pre~se~'}~lafi~Np to adjoining pre~ses or pubhc s=eets or ~eas, ~d wate~ays . r J,': ~ 1 ' c. The work covered by ~s application my not be commenced before iss~ce of B~g Pe~t. d. Upon approv~ of ~s apphcafion, ~¢ B~g ~sp¢Ctor'~l ~s~ i~B~g Pe~t to ~¢ apphc~t. Such a pe~t shall be kept on the pre~ses available for ~spection ~ou~out ~e work. e. No bu~g shah be occupied or used N whole or N p~ for ~y p~ose wMt so ever ~tfl ~e B~l~g ~pector issues a Ce~ificate of Occup~cy. ' f. Evew buil~g pemt sh~l ¢xpk¢ if~¢ work au~o~¢d Ms,not commsnceg.~ 12 mon~ ~er ~e ~t¢ of iss~ce or has not been completed ~ithin 18'~n~ ~om such date. ~ Zo~g men~ents 0r o~¢r re~latio~ ~¢ctmg ~e aaalrlon s~ monms, laereager,' a new pe~t sh~ ~¢ ~¢qu~ed. ' .... ''"' ..... - ' -- = - ........... ,.~ lown or =oumol~ =~om wo~/New Yor~ ~d o~er app~cable ~WS~ OrallY,noes or Re~lations, for ~e co~mction ofbu~gs, ad~fio~, or Mte~fl0~ or for mmovd or demohtion ~ hewn des~bed. ~e apphc~t a~ees to comply wi~ M1 apphcable laws, or~ces, b~&g cod,, housmg code, ~d.m~atm~, ~d to a~t authorized Nspectors on pre~ses ~d ~ b~g for necess~ :~, ~ ~ ' "bmi~L~i/ ~ ~ eofa c~torname, ifaco~omfion . . 'I, ~:,; .... ~a ing ad~css ofapphc~t) State whether applicant is owner, lessee, agent, architect, engmeer, .general contractor,, electrician, plumber or builder Name of owner of premises If appliga~t,isA cD~ora, tion, signature of duly authofiz6d :bfficer ' ' (Named title of corporate officer) Builders License No. p4 ~ Plumbers LicenseNo. iq~. .... .... ',. . Electricians License No. ~4/~ ~ .... Other Trade's License No. W/; (As on the tax roll or latest deed) Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Subdivision kqtC ~(_ (Name) Hamlet 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ]~r: ~o~'kur% b. Intended use and occupancy ~ qv,c~J ~q,~ ,q 3. Nature of work (check which applicable): New Building Repair Removal Demolition 4. Estimated Cost ~ I~-O) Q~2~ Fee 5. If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height. - Number of Stodes Rear -- _Depth Dimensions of same structure with alterations or additions: Front -- Rear - Depth. -- Height - Number of Stories - 9. 10. Date of Purchase /'x)~O Dimensions of ~er~,~ti~ new construction: Front ¢8-0" Height I (o - ~/L Number of Stories Size of lot: Front ~,0~~ Re~ ~2, ~ I Depth Na.me of Former Owner ~ ~,~q~,,u 11. Zone or use district in which premises are situated ~ I5 ~'~ l~.~(~k 12. Does proposed construction violate any zoning law, ordinance or regulation? YES X NO__ 13. Will lot be re-graded? YES __ NO )< Will excess fiI1 be removed from premises? YES__ ~t4E ~oL~ r/C-qZ - I0~''~' ~'. 14. Nines ofO~ ofpr~ises~5~o toz*.~[~ Ad.ess Flu~,~ ~[ *~ Phone No. h~ Nmeof~c~tectthsy Eqa b~t~q~ ~. Ad&essp~. 1¢7~.0~ PhoneNo ~-9~-t~bL N~eofCon~a~or~; ~b~ Ad,ess o~w~ I~a,~PhoneNo. ~)l 15 a. Is ~s prop~y ~ 100 feet ora ~d~ wefl~d or a ~eshwater wet,d? *YES__NO * ~ ~S, SOU~OLD TO~ ~USTEES & D.E.C. PE~S ~Y BE ~QUIRED. b. Is ~s prope~y M~ 300 fe~ ora fid~ wetl~d? * YES__ NO ~ * ~ ~S, D.E.C. PE~S ~Y BE ~QUI~D. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at I 0 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY/~ ~..ff~ being duly sworn, deposes and says that (s)he is the applicant (Na(ne of ind/~d~l signing contract) above named, (S)He is the ~Yq (ConWactor, Agent, Corporate Officer, etc,) of sa/d owner or owners, and is duly authorized to perform or have performed the said work and to make and file riss application; that ali statements contained in tkis application are true to the best of his knowledge *.nd belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this PubLic N~em~OffiOJOL~0~, S~lk ~unty ~ ~h 8, ~00 7 of Applicant DECLARATION OF COVENANTS & RESTRICTIONS THIS DECLAKATION is made this//-~ day of/f~004 by Michael Niarnonitakis and Emanuel Niamonitakis residing at 111 Marine Aven~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 Sou~,o,!d, 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 fi:om 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 ofthq Suffolk County Clerk; and / WHEREAS, for and in consideration off, he granting of said approval, the Planning Board of the Town of Southold has deemed it to be ~n the best interests of the Town of Southold and the owners and prospective owners of said lots that the ' ' '~ ' · within Covenants an~,~.estnctmns 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, Qlerk'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, TH~S 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 nm 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, 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) 4) 5) 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, 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 fi:om 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 m3Y be terminated, revoked or amended by the owner of the Property only with the written consent of the Town. Iihny section, subsection, paragraph, clause, phrase or provision of these covenants and xcstrictions 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 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 amended by subsequent owners of the Property unless and until approved by a majority plns one vote of the Planning Board of the Town of Southold or its successors, after a public hearing. JN 13:44 FAX 631 9631 COMMONWEALTH.__ **~ WlCKHAM W[C~A~ ~005 And Emenuel ~eamou[~ak~e a/k/a ~aanuel ~[a~cn~raki~, YOGETHER with ~ right, tM* am/ mcr~, if . e.~ ~ . n~w . · .~ ~ [ ~ION 13;45 FAX 631 722 963:L COM~ONWEALTIt -)-~-~ WlCKIt~i WlCKHAM ~]007 File No,: RH~OO13S 23 SCHEDULE A - DESCRI'PTZON ALL that cer['aln plot, piece or parcel of land, lying and being at East Har;on, Town of ~uthold, County Suffulk and Stat~ of New York. being k~own and des~nated as and by LO~ Nos./,-I~I~E~s sha~ n on a certain map enUtled, ~Set Off and Lo~ Line Nodlflcation Hap prepared For Hlchael Nlarrmnitakis arid Emanuel Nlamonhakis", fllc,~ In the Office of the Clerk of the COUnI:y O.f Suffolk on 07/19/04 as Nap No. 11132, Fee Policy l~serl' OCT 21 "05 09:08~M SOUTHOLD ~UILDIHG ~1 ?~$ 9~02 FORM NO, 3 NOTICE OF DISAPPROVAL TO: East End Design Associates (Niamonifakis/Rozenbaum) 5130 Main Bayview Road ' Southold, NY ] 1971 DATB: November 30, 2004 AMENDBD: March 4, 2005 AMENDED: Juno 30, 200:5 AMENDBD: September 12, 2005 AMBNDBD: October 5, 2005 Please take notice that your application dated November 23, 2004 For penoit to construct and overate a farm stand at Location of property 7540 Main Road. Fast Marion, NY County Tax Map No~ 1000 - Section 31 Block6 Lot 28.1 is i'ett~med herewith and disapproved on the following grounds: ~ vronosed co,true,on, o~l an ~.$,75-acre farm narcel, with three front yards, in th~ AC~one. is not permitted nursuant to Article HI, Section 100-32. which states, ' '/No buildin~ or ~rem~ses ~han be nsed and no buildin~ or van thercof ~h.al! be erected ~r altered in the A-C. 1~.-80. R~120, R-200 and R-~$00 Districts napless the sam~ confomas to ~,,. BuLk Schedule and Parkin~ Sch~a.'c~morated into this chanter with thc same force sad effect as if suc~l~!.!ations were set forth herein full." A~ordin~ to bulk schedule, thee vrovosed cot~struc~o~ re~u/res a front yard setha~k of 60 feet. FollowiRg thc vrovosed construct/on, the from stand will have a ~ont yard setback of+/- 15 feet Cedar L/me) and -%/5 feet ~from a pr0posed 25' fight ofw~¥'. In addition, the nrovosed farm stand is not permitted vursuant to Article L Section 100-13, which "Any structura oven ,:o thc wegthcr 9r~ at ica.st pnc side. used for the sole vumose of retail s~-, ~w~ by th~ owner of the staud on farm acreage within the Town of :So~Jthold. Such structure may be o~-st~y or.{ess, roofed o~ have p~rtial walls and floori~ but be comnkctelv eaclos..-.d except when the business is closed. A farm Stand mgv not be insulate, I ~¢d or cc.oled by vcrmaacnt eouivment. A truck bed or trailer on wheels~ with areas in ¢×ccss of 20 square feet disvlavin~ vroduc¢, sha~l be considered a f,,~- stand." The vronosed farm stsna is f~allv enclosed, co~titutes.1 ~ stories. 'Therefore. it does not meet th,. town!s clefinition cfa fkrm stand In addition, if thc variance is ~ranted as aotflied fo~, parkinc~ for the farm stand would reauirc nlannir~r board ~proval. uursuant to Charter 47~3. G., which st~¢, OCT 21 ~05 09:08~ SOUTHOLD BUILDING 631 765 950~ F~.Z site t)lan shall ~rovid~ one varkin~ soac~' for every 100 square feet of stm~d a,cl ~reenhouse area, in a location approved by the Pl~nniu~ Board." This Notice of Disapproval was amended on. March 4, 2005, to remove the need for n seth~l. varla~tce from...Cedar Lane, followine new lnfor , on presented to this deoa~_.m_en~ that not~ t_.h.gt the applicant _has no access' rights to.'that right of w_a.~; This Notice of Disaunroval was further amended, o3 June 30, 2005 to revert back to the orig_l_n_ al disapproval at the request of_the aooficant. This Notice of Disaunroval wa~,,,amen_ded on September 12, 2005 to include th.e need ~br'olanni~i~ board approval _T_I~ Notice of Disapprgvgl .was amended' on October 5, 2005 after the applicant amended the pisa to ......... · remove a or0~oaalT~ ins~la~ the bnddinp. '"' Au[lm?izer[,~'ignlt are ...... 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 NOTICE OF DISAPPROVAL TO: / East End Design Associates (Niamoni~is/Rozenbaum) 5130 Main Bayview Road Southold, NY 11971 DATE: November 30, 2004 AMENDED: March 4, 2005 AMENDED: June 30, 2005 AMENDED: September 12, 2005 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 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 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 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 1 ½ stories and will be insulated. 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 one parking space for e feet of stand and greenhouse area, in a location approved by the Plannin~ 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. Authorized ~ignature nl 2A ' CC: e, 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 NOTICE OF DISAPPROVAL DATE: November 30, 2004 AMENDED: March 4, 2005 TO: East End Design Associates (Niamonifakis/Rozenbanm) 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 3~1 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 buildin~ 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 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 1 ½ 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. ( ~~/ FORMNO. 3 ,/~.~, gb '~ NOTICE OF DISAPPROVAL TO: East End Design Associates (N[amonifakis/Rosanbaum) 5130 Main Ba~iew Road Soathold, NY 11971 Please take notice that your application dated November 23, 2004 DATE: November 30, 2004 For permit to construct and operate a farm stand at Location of property 7~540 Main Ro~d, ,Igoff~l~l_ j NY__ County Tax Map No. 1000 - Section 3_[1 Block~6 Lot 28.1 ls returned herewith and disapproved on the following grounds: The proposed construction on an 18.75 acre farm parcel with three front av_~_ds, in the AC zone is not - ep~_~tted pursuant to Articl~Section 100-32, which a~tes, "No building or remises shall be used and no b~ thereof s_hall be~erect.ed or ~ltered in the A-C R-80 R-120 R-200 and R-400 Districts unless the same conforms to the ~ted into this cha ter with the same force and_ effect as if such re~ were set.forth herein full." According to bulk schedule the Drol~osed construction requires a front ard setback of 6~0 feet. - 15 fe_~L(from pt ard setback of+/ Cedar L~e~O~d +/- : In addition the ro osed farm stand ~s not erm~tted ursuant to Article I Sectmn 100 13 which de~fines a farm stand as, "An structure o en to the weather on at least one side used for the sole ur ose of retail sale of roduce own b the owner of the stand on farm acrea e within the Town of Southold. structure may be one-story or less, roofed or have partial walls and floorin but ma not bSeU~hompletel¥ enclosed except when the business is closed. A faun stand ma~ be insulated o--r mechanically heated or cooled by permanent equipment. A truck ~ trailer on wheels, ~vith areas in exce~ss of__20 square feet displaving~ffg_duce,shall be considered a farm stand." The_Th~oposed farm stand i_s full.,L~closed, constitutes 1 V2 stories and will be ins__._ulated. Therefore, it , '' n of a farm stand. does no~tt meet the town's definitior _ Autl~rized Si~t~ ~ LASER FICHE FORM Planning Board Site Plans and Amended Site Plans SPFile Type: Approved Project Type: Site Plans Status: Final Approval SCTM #: 1000- 31.-6-28.5 Project Name: Rozenbaum/Niamonitakis Farm Stand Address: 7540 Main Road Hamlet: East Marion Applicant Name: Serqe & Susan Rozenbaum Owner Name: Ser.qe Rosenbaum Zone 1: R-40 Approval Date: 2/12/2007 SCANNED [MAIl 2 0 2007 [ Records Management OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information End SP Date: 2/13/2007 Zone 2: Zone 3: Location: s/s/o NYS Road 25 at the s/e intersection of Cedar Lane, 7540 Main Road, East Marion SC Filinq Date: C and R's: Home Assoc: R and M Agreement: SCAN Date: .F OCTOBER TOPOGRAPHICAL SURVEY FOR ?RO?OSED CURB-CUT SITUATED AT EAST MAR, ION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-.51-06-28.1 1 000-.51 -06-29 SCALE 1 "=50' JULY 24, 2001 9, 2002 ADDED INFORMATION FOR NYS DEPARTMENT OF TRANSFORMATION NOTES: 1. ELEVATIONS ARE REFERENCED TO AN ASSUMED DATUM EXISTING ELEVATIONS ARE SHOWN THUS:,i~oo ~;C, - BP OF CURB LOT 1 TOTAL LOT AREA = 652.485 sq. t4.979 PURCHASE OF DEFELOPEMENT RIGHTS AREA = 561.889 SQ. FT. (TOTAL LOT AREA LESS BUILDING LOT & RIGHT OF WAY AREA) 12.899 OCTOBER 11, 2001 REVISED SKETCH PLAN MARCH 29, 2002 ADDED BOARD OF HEALTH DATA JULY 18, 2002 REVISED FOR FILING AUGUST 2, 2002 REVISED AS PER COUN1Y OF SUFFOLK EXISTING LOT AREAS: S.C. TAX LOT No. LblIER S.C. TAX LOT No. 1000-51-06-28.1 = 816,995 sq. 18.756 ac. 1000-31-06-29 = 50,000 sq. ff. 0.688 ac. TOTAL LOT AREA = 846,995 sq. ff. 19.444 ac. ff. OWNER & APPLICANT: MICHAEL & EMANUEL NIAMONITAKIS P.O. BOX 411 BROOKLYN, NEW YORK, 11209 CERTIFIED TO: COUNTY OF SUFFOLK LAWYERS TITLE INSURANCE COMPANY TYPICAL pR ECAST REINFORCED BURIED 1' DEEP min. 2' DE~p max. MIN. 4' die, APPRO~ PIPE PITCHED 1/471' SE WA GE DISPOSAL (NOT TO SCALE) CAST IRON COVER TO GRADE MIN. 4" dia. APPROVED PIPE SYSTEM SEPTIC TANK (1~ PREPARED IN ACCORDANCE WITH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABMSHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION, LEACHING POOL KEY MAP SCALE 1"=600' FARMSTAND BASEMENT FIRST FLOOR ATTIC STORAGE 720 SF. 720 SF. 195 SF. FARMSTAND TOTAL SF 913 SF. DECK / COVERED PORCH 288 SF. LOT SIZE: LOT COVERAGE: PARKING SPACES HANDICAP PARKING 561,889 sa. FT - 1&.979 AC. 1008.00 Sa. FT. OR 1.8% 7 SPACES I SPACES PARKING SPACES AVAILABLE 8 TOTAL SPACES AVAILABLE DRIVEWAY & PARKING: 8,695.00 sa. FT. OR 1.55% LANDSCAPED AREA: 552,186 SQ. FT. OR 96.65% ~.:, PARKING SPACES REQUIRED BASEMENT WAREHOUSE AREA: FARM STAND AREA: SECOND FLOOR STORAGE AREA: REQUIRES I PARKING SPACES (I PER I000 sa. FT.) REQUIRES 8 PARKING SPACES (I PER I00 so. FT.) REQUIRES I PARKING SPACES (I PER I000 SQ. ) I0 TOTAL PARKING SPACES REQUIRED THE EXISTENCE OF RIGHT OF WAYS SITE PLAN INFORMATION 1S BASED ON LAND SURVEY PREPARED BY JOSEPH A. INGEGNO LICENSED LAND SURVEYOR (LS 49668) N.Y.S. Lic. No. 49668 JOSEPH A. INGEGNO LAND SURVEYOR P~ONE (551)727-2090 F~x (651)727-1727 21-312c 24' TI LINE OF A~IC BALCONY TRUSS BEAM DISPLAY ROOM CATHEDRAL TRUSS BEAM ...... IU1 ...... l © COPYRIGHT 2004 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 THE BUYER. 863-2004 CMA 1/,c'= 1'-o" 11-19-04 FOUNDATION & FLOOR PLAN 20F2 ~L ~] IL I1~ ~ ]1 L~LL ~ ~L~ lie~ ~UJl II Ilff~L LLIJ [I II h Iii L~U~ELUJIJ I Il ;I Ir < EAST ELEVATION ~ST ELEVATION Z ~ -~ ~T- - [~~---~--T JL[ JU ~L [~U L~L JU UH ! ~ _ ~B ~LJJU il~ , LLU I SOUTH ELEVATION SORTH ELEVATION ELEVATIONS ~ COPYRIGHT 200~ EAST END DESIGN ASSOCIATES, LLC. ALL FLOOR PLANS AND ELEVATIONS ARE PROTECTED UNDER FEDERAL COPYRIGHT LAW. PLANS MAY NOT BE REPRODUCED WITHOUT WRITTEN AU~ORIZA~ON. s~ ALL PLANS AND DESIGNS ARE THE SOLE PROPER~ OF EAST END DESIGN ASSOCIATES, LLC. THE RIGHT TO BUILD ONLY ONE STRUC~RE FROM THESE PLANS IS LICENSED EXCLUSIVELY TO THE BUYER. PLANNING BOARD TOWN OF SOUTHOLD DATE ,:~//,~,.-~ ~ SURGE AND SITE PLAN FOR SUSAN SITUA TED A T TOWN OF SUFFOLK S.C. TAX ROZENBAUM :AST MARION SOUTHOLD COUNTY, NEW YORK No. 1000-3,1 -06-28.1 SCALE 1"=20 JULY 24, 2001 EXISTING LOT AREAS: S.C. TAX LOT No. 1000-31-06-28.1 = 81 6,993 sq. ff. 18.756 (:lC. TYPICAL SEWAGE DISPOSAL SYSTEM (NOT TO SCALE) TOP BURIED ~RO4~E~'ip.ipE 20'mi.,~ ~2O'min. ~i~RNo~4" ~,ei~E pFFCHED 1/*/1 tN~ I, mmi~ ~l 2T~ PITOH~ 1/871' SEPTIC TANK (1) 1. MmNIuU~ S~C T~ C~AC~ES FOR A 1 TO 4 BED~U HOUSE IS 1,DO0 G~ONS. OP~DE '1 FARMSTAND BASEHENT FIRST FLOOR DECK / COVERED PORCH TOTAL STRUCTURE LOT SIZE: LOT COVERAGE: PARKING SPACES HANDICAP PARKING PARKING SPACES AVAILABLE DRIVEWAY & PARKING: LANDSCAPED AREA: PARKING SPACES REQUIRED BASEMENT WAREHOUSE AREA: FARM STAND AREA: 812 SF. 812 SF. 168 SF. 980 SF. 561,889 so. FT = Ih.979 AC. 980.00 SQ. FT. OR .17h% 7 SPACES I SPACES 8 TOTAL PLAN DATE: 11-29-0h REV DATE: 08-0h-05 08-50-05 09-02-05 10-05-05 SPACES AVAILABLE 8,585.00 SQ. FT. OR I.A9% 552,559 SQ. FT. OR 98.556% REQUIRES I PARKING SPACES (I PER I000 so. FT.) REQUIRES h PARKING SPACES (MIN. OF h SPACES) 5 TOTAL PARKING SPACES REQUIRED NUHBEP OF PARKING SPACES; PROVIDED LEACHING POOL 1. MINIMUM LEACHING SYSTEM FOR A 1 TO 4 BEDROOM HOUSE IS 300 sq ft SIDEWALL AREA. I POOL; 12' DEEP. 8' dia. 2. LEACHING POOLS ARE TO BE CONSTRUCTED OF PREC~ST REINFORCED CONCRETE (OR EQUAL) LEACHING STRUCTURES, SOLID DOMES AND/OR SLABS. 5. ALL COVERS S~AiJ_ BE OF PR/CAST REINFORCED CONCRtffE (OR EQUAL). 4. A 10' rain, DISTANCE BETWEEN LEACHING POOLS AND WATER LINE SHALL BE MAINTAINED. 5. AN B' min. DISTANCE BEP~EEN ALL LEACHING POOLS SHALL BE MAJNTAINED. 6. AN 8' min. DISTANCE BET~/EEN ALL LEACHING POOLS AND SEPI1C TANK SHALL BE MAINTAINED. MAP . / 8 APACE% SCALE 1"=600' PROJECT AREA / / / / 4,5' B.0,98.99 / / / 99.6 LOT 1 TOTAL LOT AREA -- 652.485 sq. ft. 14.979 ac. PURCHASE OF DEVELOPEMENT RIGHTS AREA = 561.889 SQ. FT. (TOTAL LOT AREA LESS BUILDING LOT & RIGHT OF WAY AREA) 12.899 % %. ? q, , / N , SITE PLAN INFORMATION IS BASED ON LAND SURVEY PREPARED BY JOSEPH A. INGEGNO LICENSED LAND SURVEYOR (LS 49668) LOT 1 SITE PLAN TOTAL LOT AREA = 652,485 sq. ft. FOR 14.979 ac. SURGE AND SUSAN ROZENBAUM PURCHASE OF DEVELOPMENT RIGHTS AREA = 561.889 sq. ft. SITUATED AT (TOTAL LOT AREA LESS BUILDING LOT & RIGHT OF WAY AREA) 12.899 cc. EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, blew YORK S.C. TAX No. 1000-31-06-28.1 SCALE 1"=20' JULY 24, 2001 OCTOBER 11, 2001 REVISED SKETCH pLAN ~ ~ ~j~ MARCH 29, 2002 ADDED BO~D OF H~LTH DATA I' JULY 18, 2002 R~ISED FOR FILING -- ~/~ AUGUST 2, 2002 R~ISED AS PER COUN~ OF SUFFOLK L~ER EXZSTINC LOT AREAS: S.C. TAX LOT No. 1000-51-06-28.1 = 652,485 sq. ft. OWNER & APPLICANT: ~ ~ . SURGE AND SUSAN ROZENBAUM ~ ~' / ::~z~ '~ '" .' " TEST HOLE DATA SOLE ~ -- -- O~ .-29-05 :o.~' ~.PROJECT rYPZCAL SEWAGE DISPOSAL SYSTE URIB1 D~fPmm. 2 ESPmx. % ~I,ONOOVE,,oG~ ~ Z } .o o. 8o0 .ooo ..,.: EN 551,528.55 2,456,048.24: ~!TE p! AN DRAINAGE CALCULATIONS: ROOF AREA OF FARM STAND BUILDING: 35'x28'=980 SF, V=AxRxC A=980 SF R=2" RAINFALL--.17 FT. C=COEFF.=1.0 V=980x,166667xl =163.53 C.F. 163,33/50.0 VF./FT=3.27 V.F. USE (1)8' DIA, POOL 4' DEEP= 4V.F. pARKING DRAINAGE CALCULATIONS: RIGHT OF WAY & SOUTHERN PARKING AREA V=AxRxC A=8201SF R=2" RAINFALL=.17 Fl'. C=COEFF.=0.5 V=8201 x ,166667 x 0.5 = 683.42 C.F. 683.42/68.38 VF./FT=9.99 V.F. USE (1}10' DIA. POOL 10' DEEP = 10 V.F. OR 683.42/42.2 VF./FT. = 16.19 V.F. USE (2~8' DIA. POOL 9' DEEP = 16 V.F. ALLOWABLE SANITARY FLOW (BENSITY]: GROUNDWATER MANAGEMENT ZONE IV ALLOWABLE FOR SITE WITH PUBLIC WATER 600 GPD. PER ACRE 600 GPD. / ACRE x 14.979 ACRES = 8987.4 GPD. SEWAGE DISPOSAL DESIGN CALCULATIONS: FARM STAND BUILBING MARKEr MARKET-812 SF.x .05GPD./SF. GROSS FLOOR AREA = 40.6 GPB SEWAGE DISPOSAL SYSTEM DESIGN: FARM STAND BUILDING: 40.6 GPD SEPTIC TANK REQUIRED: 40.6 GPB. x 2 BAYS = 81.2 GPB PROVIDE (1) 8' DIA. x 6' EFF. DEPTH = 1500 GAL/DAY LEACHING POOL REQUIRED: 40.6 / 1.5 = 27.07 SF PROVIDE (1) 8' DIA. x 12' EFF. DEPTH = 300 SF. LEACHING STRUC]~RES, SOUD DOMES AND/OR SLABS. ALL COVERS SH~ BE OF PRECAST REINFORCED CONCRETE (OR EQUAL). (TRAFT]C BEARING) 1. ELEVATIONS SHOWN A~c" SCALED FROM TOPOGRAPHICAL MAP OF FIVE EASTERN TOWNS. EXISTING ELEVATIOIS ARE SHOWN THUS: EXISTING CONTOUR LINES ARE SHOWN THUS:----~ 2. THiS SURVEY IS IN TH[ 1927 NEW YORK STATE PLANE COORDINATE SYSTEM. SOURCE~ SUFFOLK COUNTf MONUMENT Ne. 10-1240 ON NOI~H RIDE OF MAIN RD. RO'=~ WEST OF ROCKY POINT RD. SUFFOLK GOUNTf MONUMENT No. 10- 2PR, ON EAST SIDE OF ROCKY PDI~T RD., 1/2 MILE NORTH OF MAIN RD. PURCHASE OF DEVELOFMENT RIGHTS AREA SHOWN THUS:V////~ DIRT FARM ROADS IF lily ARE NOT SHOWN. EARMSTAND BASEMENT 812 SF. FIRST FLOOR 812 SF. DECK / COVERED PORCH 182 SE. TOTAL STRUCTURE 994 SE. LOT SIZE: LOT COVERAGE: PARKING SPACES: HANDICAP PARKING: TOTAL PARKING SP~CES 561,889.00 sq.ft. = 14.979 980.00 sq.ft, or .174% 8 spaces 1 space REQUIRED 9 spaces ~ APPROVED BY PLANNING BOARD TOWN OF SOUTHOLD DRIVEWAY ~ PARKIitG LOT COVERAGE: 8,201.00 sq.ft, or 1.46% LANDSCAPE AREA: 552,725.00 sq.ft, or 98.57% PARKING SPACES R:QUIRED BASEMENT WAREHOUSE AREA: REQUIRES 1 PARKING FARM STAND AREA: REQUIRES 4 PARKING TOTAL NUMBER OF PARKING TOTAL OF 5 PARKING SPACES REQUIRED: NUMBER OF PARKING SPACES PROVIDED: TOTAL OF 9 SPACES BY THE TOWN SPACE (lper 1000 sq.ft.) SPACES (min. of 4 SDOCeS~ SPACES REQUIRED PROVIDED AS REQUIRED SITE PLAN INFORMATION IS BASED ON LAND SURVEY PREPARED BY JOSEPH A. INGEGANO LICENSED LAND SURVEYOR (LS 4-9668) 863-2004 CMA !i1" = 20' 11-29-04 -05 01-17-07 :~ 03-23-07 SITE PLAN .d' TOPOGRAPHICAL PROPOSED CURB-CUT SITUA TED A T EAST MARION TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK S.C. TAX No. 1000-.31-06-28.1 1000-$1 -06-29 SCALE 1 "=$0' JULY 24, 2001 OCTOBER 9, 2002 ADDED INFORMATION FOR NYS DEPARTMENT NOTE~: 1. ELEVATIONS ARE REFERENCED TO AN ASSUMED DATUM EXISTING ELEVATIONS ARE SHOWN THUS:.~c~o SURVEY FOR OF TRANSFORMATION LOT 1 TOTAL LOT AREA -- 652.485 sq. fL 14.979 ac. PURCHASE OF DEVELOPEMENT RIGHTS AREA = 561.889 SQ. F,T. (TOTA~L LOT AREA LESS BUILDING LOT & RIGHT OF WAY AREA) 12.899 TYPICAL OCTOBER 11, 2001 REVISED SKETCH PLAN MARCH 29, 2002 ADDED BOARD OF HEALTH DATA JULY 18, 2002 REVISED FOR FILING AUGUST 2, 2002 REVISED AS PER COUNTY OF SUFFOLK U-IIER HOUSE EXISTING LOT AREAS: S.C. TAX LOT No. S.C. TAX LOT No. 1000-31-06-28.1 = 816,995 sq. ff. 18.756 ac. 1000-31-06-29 = 50,000 sq. ff. 0.688 ac. TOTAL LOT AREA = 846,995 sq. ff. 19.444 ac. OWNER & APPLICANT: MICHAEL & EMANUEL NIAMONITAKIS P.O. BOX 411 BROOKLYN, NEW YORK, 11209 CERTIFIED TO: COUNTY OF SUFFOLK LAWYERS TITLE INSURANCE COMPANY SE WA GE (NOT FO SCALE) - F1NISHED GRADE --24'dlu. LOCKING, WATEI~GHT & INSECT PROOF CAST IRON COVER TO GRADE SEPTIC TANK (I] DISPOSAL SYSTEM MIN, 4' die, APPROVED PIPE PREPARED IN ACCORDANCE WlIH THE MINIMUM STANDARDS FOR TITLE SURVEYS AS ESTABLISHED BY THE L.I.A.L.S. AND APPROVED AND ADOPTED FOR SUCH USE BY THE NEW YORK STATE LAND TITLE ASSOCIATION. LEACHING POOL KEY MAP SCALE 1"=600' FARHSTAND BASEHENT FIRST FLOOR ATTIC STORAGE 720 SF. 720 SF. 193 SF. FARHSTAND TOTAL SF 915 SF. DECK / COVERED PORCH 288 SF. LOT SIZE: LOT COVERAGE: PARKING SPACES HANDICAP PARKING PARKING SPACES AVAILABLE DRIVEWAY & PARKING: LANDSCAPED AREA: 561,889 SQ. FT = Ih.979 AC. 1008.00 sa. FT. OR 1.8% 7 SPACES [ SPACES 8 TOTAL SPACES AVAILABLE 8,095.00 SQ. FT. OR 1.55% 552,186 sQ. FT. OR 96.65% PARKING SPACES REQUIRED BASEHENT WAREHOUSE AREA: FARN STAND AREA: SECOND FLOOR STORAGE AREA: REQUIRES I PARKING SPACES (I PER REQUIRES 8 PARKING REQUIRES I PARKING SPACES (I SPACES (I I000 SQ. FT.) PER I00 SQ. FT.) PER I000 SQ. ) I0 TOTAL PARKING SPACES REQUIRED THE EXIS]ENCE OF RIGHT OF WAYS AND/OR EASEMENTS OF RECORD, IF ANY, NOT S~OWN ARE NOT GUARANTEED. SITE PLAN INFORMATION IS BASED ON LAND SURVEY PREPARED BY JOSEPH A. 1NGEGNO LICENSED LAND SURVEYOR (LS 49668) N.Y.S. Lic. No. 49668 JOSEPH A. INGEGNO LAND SURVEYOR PHONE (631)727-2090 Fax (631)727-1727 21-312u