HomeMy WebLinkAbout6300
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
53095 Main Road
P.O. Box 1179
$outhold, NY 11971-0959
http://southoldtown, northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765.1809 Fax (631) 765-9064
COVER SHEET WITH ZBA STATUS OF FILE
Name:
Location:
[ ] Refund issued: CANNOT activate or reactivate file (Applicant has withdrawn
application).
['~ NO 'REFUND DUE, based on time spent for Town to process application and
hearings.
[ ~'] Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION
NECESSARY:
Extensive time has passed; Zoning Code changes are now in effect and this application
expired. NOTE: Applicant may apply for a new application with Building Inspector for
a new Notice of Disapproval and submit NEW application with all documents and
current maps.to ZBA, or modify plan to conform to the current code. This Town file
based on applicant's previous year requests has expired.
[ ] No ..forms to be scanned; FILE # VOID: APPLICATION RETURNED. (All
forms were returnedu to applicant early in process, as requested by applicant.)
Frank J. Blangiardo, Sr.
Frank J. Blangiardo
Blangiardo & Blangiardo
Attorneys at Law
P.O. Box 1169
Cutchogue, NY 11935
(631) 734-1111
March 3rd, 2010
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD
53095 MAIN ROAD
P.O. BOX 1179
Southold, New York 11971
RE: APPLICANT; CHESTER CIAGLO JR.
lIAR - 3 2010
Dear Board Members,
At this time the applicant respectfully requests that his application be withdrawn from consideration
without prejudice to re-apply at a future date and time.
Very truly yours,
FRANK J. BLANGiARDO ESQ.
FORM NO. 3
NOTICE OF DISAPPROVAL
RECEIVED
APR 1 5 2009
BOARD OF APPEALs
DATE: August 4, 2008
AMENDED & RENEWED: October 3, 2008
RENEWED: April 14, 2009
TO:
Chester Ciaglo, Jr.
36980 County Road 48
Southold, NY 11971
Please take notice that your application dated April 29, 2008
For construction of a accessory storage building, for personal use, on an existing non-conforminc,
55,500 square foot property in the A~ricultural Conservation (AC) zone at
Location of property: 36980 County Road 48, Southold'
County Tax Map No. 1000 - Section 69 Block4 Lot 8.2
Is returned herewith and disapproved on the following grounds: 'x ~
The proposed building is not permitted pursuant to Article III, Secti~i280-15 (~X~B, which states that
such buildings are required to be 15 feet from any proper?/line and Arh'i'etvatgvffection 280-15 (C),
which sCtCghataugh buildings shall not exceed 750 square feet in tota[3ize.
The'Laccessory storage bmldtn is noted as being +/, 1 foot from the rear property line and 1,848 square
feet ihsize
T~ofDi~was amended on October 3, 2008, to reflect a new survey, dated September
~3~, 2008, by~m T-. Metz~er, reflecting the new prOperty size.
Y X~,~_~t-t~orized ~gnature
Note to Applicant:~ P~_y ¢_~b~dewat~on t° the above referenced application, may require
further review by ~he SouthOld Town Building Department.
CC: file, Z.B.A.
FORM NO. 3
NOTICE OF DISAPPROVAL
RECEZVED
APR 1 5 200~
BOARD OF APPEALS
DATE: May 6, 2008
TO: Chester Ciaglo, Jr.
36980 County Road 48
' Southold, NY 11971
Please take notice that your application dated April 29, 2008
For construction of a storage building on an existing non-conforming landscape contractor's yard in
the Agricultural Conservation (AC) zone at
Location of property: 36980 County Road 48, Southold
County Tax Map No. 1000 - Section 69 Block4 Lot 8.2
Is returned herewith and disapproved on the following grounds:
The proposed building and it's use are not permitted pursuant to Article III, Section 280-12, which
states,
"In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no
building or part of a building shall be erected or altered which is arranged, intended or designed to
be used, in whole or in part, for any uses except the following:"
"A. Permitted uses."
A land~
~o~t a permitted use.
na- ure
Note to Applicant: Any change or deviation to the above refere!!ced application, may require
further review by the Southold Town Building Department,
CC: file, Z.B.A.
DEPARTMENT OF PLANNING
COUNTY OF SUFFOLK
STEVE LEVY
SUFFOLK COUNTY EXECUTIVE
THOMAS A. ISLES, A.I.C.P
DIRECTOR OF PLANNING
Town of Southold ZBA
53085 Main Road
PO Box 1179
Southold, NY 11971
Att: Gerard Goehringer, Chairman
May 14, 2009
Dear Mr. Goeringer:
Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the
following applications submitted to the Suffolk County Planning Commission are to be a matter for
local determination as there appears to be no significant county-wide or inter-community impact~ A
decision of local determination should not be construed as either an approval or disapproval.
Applicants
Municipal File Nnmhers
Hamilton 6299
Ciaglo 6300
Connolly 6301
Chemushka (c/o Amy Martin) 6302
Bloethe 6303
Wenk (c/o Mark Schwatz) 6304
Franke (c/o Amy Martin) 6305
Myers (c/o Peconic Permit Expediting) 6306
Shinn Vineyard, LLC 6308
Severini 6309
TRK:ds
Very truly yours,
Thomas A. Isles
Director of Planning
Theodore R. Klein
Senior Planner
LOCATION MAILING ADDRESS
H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191
100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044
LOT COVERAGE
HOUSE, DECK, STOOP, & CONC.
G~ZEBO
STEEL BLDG.
SHEDS
METAL STORAGE
METAL, WOOD, CANVAS BLDG~
6248/55500 ¢q. fl. 11,3%
$054 SO. FT.
56 SO, FT,
816 SO,FT.
146 SO.FT,
125 SO, FT,
2071 SO. FT.
6248 SO.FT.
CERTIFIED TO'
CHESTER L. CI4GLO, JR.
SURVEY OF PROPERTY
A T PECONIC
TOWN OF SOUTHOLD
SUFFOLK COUNTY, N. Y.
1000 - 69 - 04 - 8.2
Sca/e: 1" = 40'
MARCH 4, 2009
RECEIVED
UARD OF APPEALs
AREA = 55,500 Gq. ft. or 1.2741Acres ~
RECE/VED
Fee: $
· ce Notes:
__ Filed By:
For Office Use Only
Date Assigned/Assignment No.
1 5 2009
OIRD OF APPEALs
Parcel House No.36980 Street COUNTY RD 48
Hamlet PECONIC N.Y 11958
SCTM 1000 Section 69 Block 4 Lot(s) 8.2
LotSize 55,500, Zone A/C
I(WE)APPEAL TE[EWRITTEN DETERMINATION OF THEBU1LDINGINSPECTOR
DATED: APRIL 14t,2009
Applicant/Owner(s): CHESTER L. CIAGLO Jr.
Mailing
Address:
36980 COUNTY RD 48, PECONIC, NY 11958
Telephone: 631 -765-9693
NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract
vendee, etc~ and name of person who agent represents:
Authorized Representative:FRANK J. BLANGXARDO ESQfor ( ) Owner, or (X) Other:
Address: POST OFFICE BOX 1169
CUTCHOGUE,NEW YORK 11935
Telephone: 1-631 734-1111
Please check box to specify who you wish correspondence to be mailed to, from the above names:
D Applicant/Owner(s) ~ Authorized Representative [] Other Name/Address:
WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED
FOR:
~] Building Permit
[] Certificate of Occupancy [] Pre-Certificate of Occupancy
[] Change of Use
[] Permit for As-Built Construction
[]Other:
MARCH 5th,2008
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning
Ordinance by numbers. Do not quote the code.
Article III Section280- 1 5 Subsection (B) (C)
Type of Appeal. An Appeal is made for: ~ 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.
[] Interpretation of the Town Code, Article Section
[] Reversal or Other
A prior appeal [] has {Xhas not been made with respect to this property UNDER Appeal
No. __Year__. (Please be sure to research before completing this question or call our office to
assist you.).
NameofAppllcant: CHESTER IAGLOcTM# 1000-69-04-8.
C
~ BA File # RECE~,ED
P~ * '~QNS FOR APPEAL ~additio ~ -- -
n~ s~e used w~h P~er's s
AREA I/.'IRLdNCE RE.4$ON$: BOARD
(1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a
detriment to nearby properties If granted, becanse:
PARCEL IS SURROUNDED BY BARNS, STORAGE BUILDINGS
HOOP TENTS/GREENHOUSES ON AGRICULTURAL PROPERTY
(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:
APPLICANT REQUIRES A 2000 SQUARE FOOT STORAGE
TENT.
(3) The amount of relief requested is not substantial because:
HOOP TENTS/GREENHOUSES ARE A PERMITTED USE ON
A/C PROPERTY UNDER THE TOWN CODE
(4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions
in' the neighborhood or district because:
HOOP TENT/GREENHOUSE and STORAGE SHEDS ARE
PERMITTED ON A/C PROPRTY.
(5) Has the alleged difficulty been self-created? ( )yes, or (X)No.
Are there Covenants and Restrictions concerning this land: [~ No. ~ Yes (~!eas~
This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the
character of the neighborhood and the health, safety, and welfare of the Community.
Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE
ATTACHED USE VARIANCE SHEET.. (Please be sure to consult Your attor, nfy.) THE
~norize'~' d Ag~ent
Sworn to before me tbis
,5 t ~l_ay~.~_~j (AgentmustsubmitwrittenAutho~izationfroraOwner)
Page 3
Assigned Application No,
Application by:
Office Notes:
d:~.RECEZI/ED
/~Yi~ I U LUU~I
BOARD OF APPEALS
Part B: REASONS FOR USE VARIANCE (if requested]:,
For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where
the Project is Located (please consult your attorney before completing):
1. Applicant cannot realize a reasonable return for each and every permitted use under the
zoning regulations for the particular district where the property Is located, demonstrated by
competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because:
(describe on a separate sheet).
2. The alleged hardship relating to the property Is unique because:{.(~,~ T~,.~ i ~
$. The alleged hardship does not apply to a substantial podion of the district or neighborhood
4. The request will not a_.~lter the essential character of the neighborhood because:,
5. The alleged hardship has nat been self-created because:
6. This Is the minimum relief necessary, while at the same time preserving and protecting the
character of the neighborhood, and the health, safety and welfare of the community. (Please
explain on a separate sheet if necessary.)
7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and
substantial justice will be done because: (Please explain on a separate sheet if necessary.)
( ) Check this box and complete PART A, Questions on previous page to apply AREA
VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the
siclnature and notary area below.
S~,w~o~ rn to before me this
day of ..~.~. ,,~, 200_~.
Signature of Appellant off~Autl~orlzed Agent
(Agent must submit Authorization from Owner)
ZBA App 9/30/02
QUESTIONNAIRE
FOR FII,ING WllH YOUR Z.B.A. APPLICATION
Is the subject premises listed on the real estate market for sale?
[] Yes ~l~-No
RECEIVED
APR 1 5 2009
B. Are there any proposals to change or alter land contours?
~5~No [3 Yes, please explain on attached sheet.
1) Are there areas that contain sand or wetland grasses? /O O
2) Are these areas shown on the map submitted with this application? ~/A
3) Is the property bulkheaded between the wetlands area and the upland building area? to o
4) If your property contains wetlands or pond areas, have you contacted the office of the
Town Trustees for its determination of jurisdictipn? P,)/~q Please confirm status of your
inquiry or application with the Trustees: ~O IQ
and if issued, please attach copies of permit with conditions and approved map.
D. Is there a depression or sloping elevation near the area of proposed construction at or below five
feet above mean sea level? /0 O
Are there any patios, coucrete baniers, bulkheads or fences that exist and are not shown
on the survey map that you are submitting? tO O3)~'' (Please show area of these
structures on a diagram if any exist. Or state "none" on the above line, if applicable.)
Do you have any construction taking place
If yes, please submit a copy of your building p~rmit and map as approved by the Building
Department and describe:
G. Do you or any co-owner also own other land close to this parcel? ,t0 ~' If yes, please label
the proximity of your lands on your map with this application.
H. Please list present use or operations conducted at this parcel
..... and proposed use .~'TO~ ~..~ ~-
(examples: existing: single-family; proposed: same with garage or po~, or other description.)
Authorized Signature'~nd Date
2/05; 1/07
Applicant:
APPLICANT'S PROJECT DESCRIPTION
(For ZBA Reference)
C~;'~k~:~ Date Prepared: F~e'~ ~Z-/~''~ 0~~* ~
I. For Demolition of Existing Building Areas
Please describe areas being removed:
RECEIVED
II. New Construction Areas (New Dwelling or New Additions/Extensions):
Dimensions of first floor extension:
Dimensions of new second floor:
Dimensions of floor above second level:
Height (from finished ground to top of ridge):
APR 1 S 2009
BOARD OF APPEALS
Is basement or lowest floor area being constructed? If yes, please provide height (above ground)
measured from natural existing grade to first floor:
III. Proposed Construction Description (Alterations or Structural Changes)
(attach extra sheet if necessary) - Please describe building areas:
Number of Floors and General Characteristics BEFORE Alterations:
Number of Floors and Changes WITH Alterations:
IV. Calculations of building areas and lot coverage (from surveyor):
Existing square footage of buildings on your property:
Proposed increase of building coverage:
Square footage of your lot:
Percentage of coverage of your lot by building area:
V. Purpose of New Construction:~At~'q/~
VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land
and how it relates to the difficulty in meeting the code requirement(s):
Please submit seven (7) photos, labeled to show different angles of yard areas after staking coroers
for new constrnction), and photos of building area to be altered with yard view.
7/2002; 2/2005; 1/2007
Appendix C
State Environmental Quality Review
SHORT ENVIRONMENTAL ASSESSMENT FORM
For U1VLISTED ,4CTiONS Only
PART I - Project Information (TO be complete by Applieaat or Project sponsor)
1. Applicant / Sponsor 2. Project Name
3. Project location: Municipalib/ '~ Coun(y
SEQR
RECEIVED
1 5 009
t,~OO
BOARD OF APPEALS
4. Precise location (Slreet address and road intersections, prominent landmarks, etc. or provide map)
5. Is proposed action:
~ ( )EXPANSION ( )MODIFICATION/ALTERATION j
6. Describe project briefly:
acres; Ultimately:
Inltiatiy: acres
8. Will proposed action comply With ex~sting or other eYJsting land use restdctions:(~ YES ( ) HO If No, descdbe bdefly:
9. What is present [a~d use in vicinity of project: (describe):
) Residential ( ) Industrial ( ) Commercial (~).AgHcultuml ( ) Park/Foresl/Open Space ( ) Other
1
10. Does action involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal. State or Local) ?
( ) YES (~) NO If Yes, llst agency(s) and permit/approvals:
11. Does any aspect of the action have a currently valid permit or approval?
( ) YES ('~ NO If Yes, tist agency(s) and permit/approvals:
12. As a result of proposed action, will existing permil/approval require modification?
I( ) YES ~r.) NO If Yes, list agency(s) and pemllt/approvals:
I certify that the information provided above is true to the best of my kn, owledge
IAppllcant/SponsorName: ~.~Ha.q"~-~t~- C=---~-.~)/.< Date: H-I~'-O'?
If the action is in the C'6astal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment
t ~a,~ACTiONAL DISCLOSURE FO~
APPLICABI OWNER, CONTRACT VENDEE A/~GENT.
The Town of'Southold's Code of Ethics prohibits conflicts of interest on the part of Town officers
and employees. The purpose of this form is to provide information, which oan alert the Town of
possible conflicts of interest and allow it to take whatever action is necessary to avoid same.
(Last name, firsYname, middle initial, unless you are applying in the name of someone
other entity, such as a company. If so, indicate the other person or company name.) else o(~j i~tdp.gwo
NATURE OF APPLICATION: (Check ail that apply.) , RECEIVED
Variance ~x .,.~PR 1 5 2009
Special Exception
*Other BOARD OF APPEALS
Approval or Exemption
from plat or official map
Change of Zone
Tax Grievance
*If "Other" name the activity:
Do you personally (or through your company, spouse, sibling, parent, or child) have a
relationship with any officer or employee of the Town of Southold? "Relatio xshi "incl
blood ~!mrria ege~-~°L~business iaterest. "Busiless interest" means a busin PLLk~ udes__~b,
alL~nersh~p, in which the To~m~ officer--~r ~-~ ' -. , ~ . ;]ness mcludi~
-- ~. __ ,~-p~oyee nas even a~partial o~
~t by) a c~m3~orption in which the Town offiner or e n_i/loyee owns more than 5% 9f-th~
s~!~.res
YES NO__~.
. ~ 123 , co~ ~plete the bala~tce of this form at~d date a~d sig~z ,'here indicated.
Name ofpelson employed by the Town of Soutlibld: gQ "0 4° ~
Title or position of tha! person:
Describe that relationship between yoursel£ (the applicant, agent or contract vel]dee) and tile
Toxvn officer or employee. Either check the appropzsate line A through D (below) and/or
descmbe tile relationship in the space proxdded
The To~vn officer or employee or bis or bet. spouse, sibling, parent, or child is (check all that
apply):
~__ A) the owner of greater than 5% of the sbares of the corporate stock
of the applicant (~vhen the applicant is a corporati6o);
B) the legal or benefici'al owner of any interest in a non-corporate entity
(when the applicant is not a coq)oration);
C) an officer, director, parmer, or employee of the applicant;
~___ D) the actual apl)l/cant.
DESCRIPTION OF IkE[~ATIONSH1p
Frank J. Blangiardo, Sr.
Frank J. Blangiardo
Blangiardo & Blangiardo
Attorneys at Law
P.O. Box 1169
Cutchogue, NY 11935
(631) 734-1111
SOUTHOLD TOWN ZONING BOARD OF APPEALS
SOUTHOLD, NEW YORK 11971
April 14th,2009
RE: APPLICANT/APPELANT: CHESTER L CIAGLO Jr.
ADDRESS: 36980 COUNTY ROAD 48,PECONIC,NEW YORK 11958
CTM# 1000-69-04-8.2
Dear Board Members,
Please let this letter serve as formal notice of our firms
representation in this matter.
RECEIVED
1 2009
BOARD OF APPEALS
Very tryly yours,
FRANK J.BLANGIARDO
I CHESTER L. CZAGLO J~, hereby authorize my attorney FRANK J.
BLANGIARDO to act ~.n ~.a~ on my behalf before the TOWN OF SOUTHOLD
ZONING BOARD OF APPEALS.
SWORN~TO BEFORE ME THIS
14th,Day
CHESTER L. CIA~LO
RECEZVED
AGRICULTURAL DATA STATEMENT APR 1
ZONING BOARD OF APPEALS '~ 6.300
TOWN OF SOUTHOLD BOARD OF APPEALS
FFT-IEN TO USE THIS FORM: The form must be completed by the applicant for any special use permit, site
plan approval, use variance, or subdivision approval on property within an agricultural district OR within
500 feet of a farm operation located in agricultural district. All applications requiring an agricultural data
statement must be referred to the Suffolk County Department of Planning in accordance with sections 239-
m and 239-n of the General Municipal Law.
1) Name of Applicant: ~-------N ~ :5-T~'-tr~
2)AddressofApplicant: ~.~ ~ '~ ~ ~7 /~'~-(-~ q ~'r //)~.~,4/,~ ,A,~
3) Name of Land OWner (if other than applicant): ~Z. ~ ~.~/r- ,~
4) Address of Land OWner: ,,~/~,~'~'o t~-T~, t_{,,~ ~t.).~,~,,.,~,~- p~,
5) Description of Proposed Project: ~- 7-,o/Z ~' "'["'z__,,,J'V '
6)LocationofProperty(roadandtaxmapnumber): ~,.p ~'T~- Ll _~ l ~O,p ~c/
7) Is the parcel within an agricultural district? I--INo ~'Yes If yes, Agricultural District Number
8) Is this parcel actively farmed?~No [2Yes
9) Name and address of any oWner(s) of land within the agricultural district containing active farm
operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through
the ToWn Assessors Office, ToWn Hall location (765-1937) or from any public computer at the ToWn Hall
locations by viewing the parcel numbers on the ToWn of Southold Real Property Tax System.
Name and Address . ' .,.. , ~ ~..
(Please use back side of page if more than six property oWners are identified.)
The lot numbers may be obtained, in advance, when requested from the Office of the Planning Board at 765-
1938 or the Zoning Board of Appeals at 765-1809.
Signature of A~
Note:
1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action
on their farm operation. Solicitation will be made by supplying a copy of this statement.
2. Comments returned to the local board will be taken into consideration as part &the overall review of this application.
3. The clerk to the local board is responsible for sending copies of the completed Agricultural Data Statement to the property owners
identified above. The cost for mailing shall be paid by the applicant at the time the application is submitted for review. Failure to pay at
such time means the application is not complete and cannot be acted upon by the board.
1-14-09
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL '
SOUTHOLD, NY 11971
TEL: (631) 76~1802
FAX: (631) 76~-9~02
SoufhoidTown. Nor thFork, net
PERMIT NO,
,20
BUIEDING PE~LICATION CHECKLIST
Do you h~w ~]'~'~'~'~'~'~ th~ following, b~foro N~plying? ~ of Hmlth
4 ~ of Buil~ng Plum
s~y RECEIVED
Ck~k
Sqg/o Form
N.Y.S.D.E.C. ~ J~ 5 ~009
Ob
~ P~t ...... ~
S~-W~~ APPEALS
~P~ '~ON FOR B~D~T
~ ~~y I l~ ~ by ~ ~ h ~ ~d s~ m ~ B~ ~ ~ 4
~ ofp~ ~ pl~ plm~~ ~ ~ ~e.
c. ~ ~ ~v~ by ~ ~on ~y not ~ ~m~ ~f~ ~ ofBdl~g P~t.
~ a C~fi~ offs.
f. Ev~ ~ ~t ~ e~ if~ ~ ~ ~n~ ~~ 12 ~ ~ ~ of
~ ~e~ ~ ~ ~ ~ B~my~ ~ ~ e~onof~ f~
~&fion ~ m~ ~, a ~w ~t ~1 ~ ~
B~ ~ ~ of~ To~ of ~o1~ ~ ~, ~ Y~ ~ o~ ~H~ ~ ~i~ ~
~pli~t ~ ~ ~mply ~& ~1 ~pli~ ~, ~ ~ ~ ~ ~ ~ m~a~ ~d W ~t
~ ~S~ of~pli~ ~ ~ ff a ~)
S~ whe~ ~pli~t is o~er, lcss~, ~ ~ ~, g~ ~n~, el~ma~ plm~ or b~ld~
~e ~d rifle of ~m~ offi~)
Builders License No.
Plumbers License No.
Elec'aicians License No.
Other Trades License No.
1. Location of land on which proposed work will be done:
House Number smut i*. let OC**.
County Tax Map No, I000 Section ~9 Block V Lot
Subdivision Filed Map No. Lot
2. State existing use and occupancy of premises and ~ded uso and occupancy ofpropcoed construction:
1 5 2009
3. Nature of work (check which applicable): New Building Addition Altcratio~ ~..
Repair Rcmoval~olifion Other Work .....
0
(Desc~flt~ o~
4. Estimated Cost Fee
5.
If dwelling,
number
of dwelling
If g~rag®, numl~r of cam
6. If business, commercial or mixed occupancy, specify nature and extent ofesch type of use.
7.Dimensions of existing st~uctores, if any: Front Rear _Depth
Height Number of Stolies
t~e~ i ~ ~' ~l~ Dime.sion, of same structure with ~//~m~-or additions: Front
4~ Depth Height Number of Stoges
8. Dimensions of entlre new constmedon: Front.__j~.j~_~_~f~_Reat Depth
Height Number of Sf~'~li
12. Does proposed eonslxuction violat~ any zoning law,
13. Will 1oi be ro-greded? YES NO t,~Will ex¢~ fill be removed l~om pr~ni~es? YES NO
14. Names of Owner of pr~mises .. Address Phon~ No.
Name of A~ehit~ Address Phone No.
Name of Conlx~tor Addt~ .Phone No.
15 a. Is this property within 100 feet of a tidal w~tland or a f~n~hwaler wd. land? ~YES NO
* IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED.
b. Is this propcd.y within ~00 foet of a tidal wetland? * YES NO
* IF YES, D.£.C. PERMITS MAY BE REQ~.
16. Provide survey, to ac, ale, with ac, eura~ foundation plan and distan~ to prol~zty
17. If ¢levatioa at any point on prop~my is al 10 fesl or b~low, mu~ provid~ topographical data on survcy.
18. Ar~ there any covanant~ and re ~s~iduna with
* IF YES,pROVIDE A EOPY.
STATE OF NEW YORK)
~/~a~e~oof~.m~ E~/~O~ ~'/"' ~g~Y~~(s~c~e~U~t
~ ' ' '~ aL ' ~) ~ve ~
(S)He is the O O0 ~/~
(Coalracior, Agent, Coq0orate Officer, eto.)
of said owner or owners, and is duly authorized to perform or have peffouned tho said v,,mk aad to mak~ and fflc this application;
that all statements contained in this application are tree to the best of bls knowledge ami belie.~, taxi that tl~ vnnk will be
performed in thc mannm-set forth in the appUen~oo Caled themvAtb.
Sigento~ of Applicaat ~-
/~,~ ~'~ ?- H~
OWN~ ~ ~ ~ ~ v,~ D~ST, ' SU~.
FORMER OWNER N E ,
S W ' ~PE OF BUILDING
rES. ~]~ S~S. VL.- ~ FARM CO~. CB. Mi~. Mkt. Value
~ND IMP. TOTAL DATE R~RKS
r
. ~lplO~ ~ ~o886 ~S~'~
illable FRONTAGE ON WATER
/~land, FRONTAGE ON ROAD
teadowl~d DEPTH
louse Plot BUL~H~D
Extension
Pai~
Patio
&,~ 7..= q- ~,- i .
COLOR
Foundation Both
Basement
, ~5- Ext. Walls
Fire Place
Recreation Room
TRIM
Floors
Interior Finish
Heat
Rooms 1st Floor
Rooms 2nd Floor
Driveway
t
Dinette
K.
LR.
DR.
BR.~ ~ >
FII~ B,
~ "~
RECE~/ED
APR 1 6' 2009
eOnR~ OF APPEALS
ClearSPanTM Storage Master SolarGuardTM
42' Wide
Length of the abowe shelter may d!lfer from your shelter,
Use these instructions for the following building:
PB00230R4 (42' Wx 17' 3" H x48' L)
PBP0232R4 (42' Wx 17' 3" H x 60' L)
PB00234R4 (42' Wx 17' 3" H x 72' L)
PB00236R4 (42' Wx 17' 3" H x 96' L)
· ~ ~learSpanTM
All rLqhts reserved, Repr0ductior prohibited without.written' permission.
Storage Master SolarGuard~: All Frame Diagrams
(End Wall Frame is not shown.)
RECEIVED
APR 1 6 ~009
BOARD OF APPEALS~.
PB00230R4
(42' W x 48' L)
Visit www. Cle~r,rS, pan com ~l~9,r a.d,d tign~a products and customer'sew ce .30 of 36
Frame Assembly Diagram
(Frame shown may be shorter than actual frame.)
End Rafter: Rafter A
Purlin
Interior Rafters: Rafter B
Cable Assemblies
Customer-Supplied
Baseboard
Pudin
End Rafter: Rafter A
· Customer-Supplied
. Baseboard
Visit www. ClearSpan.com for additional products and customer sen/~ce.
Frame' End View:
Purlin Locations
5 of 36e
RECEIVED
Main Cover Installation
WARNING: To prevent bemonal inju~ ~d damage to the stm'~ura and main ~ver ,do not abe~s~ the ma n
~ver ~ a windy or sto~y day. ' ~:'~'~ a~D OF APPEALs
Assemble Cover Condul~ , ,~.
Cover ~nduits are pi~ assemblies ~al are slid into ~ets s~n nto~e ~m e~e of ~e ma n cover ~ese ~nduit
assemblies ~nsist of the follo~ng pipes: '
1.66" Cover Conduit (Qudnti~ 2): 99" [166S099) ~ag~ pi~
~" (166P0~) Plain pi~ (Use this pi~ I~t to end ~e mn of pi~ )
~e X's represent ~e leng~ needed to reach the end of the ~ver, g~te the ~ver ~nduit pipes and assemble ~em.
T~ ~nduits ~n ~ assembled at o~ or in ~o~ ~ons. Secu~ ~ Joint w ~ a Tek s~ew and use du~ tape to ~pe
the joint and s~eW ~o pmt~ the ~v~.
Install the Main Cover
1 Unpack the main cover and unfold it with the inside ~urfa~:e facing pp, (The pockets for the cover conduits should,be
visible when the cover s unfolded.') See the example belOW.
2. Locate the ends of the main cover with the strapping and a an ~el~ds,~ th~{hi~ f~i~nt'and ~'of the frame
assembly.
Frame shown is to Illustrate the location of the cover during nstaJlet on.
Slide one of the 1.66" cover conduits nfo the hem opening and repe?t this step. using the other 1.66~' cover conduit
and the remaining hem opening. Remember to secure the f~onduit joints with a Tek ~crew and to tape the joirlt with
duct tape. ' · .... '-
Grasp each end of the cover conduit and carry the rn~ih'cover toward the frame assembly and place on the~;gTOuhd
along the frame side. . . -.
ATTENTION: Do not use the black straps in the main cover to pull the cover into position. They will pull out of the
cover hem and must be rethraaded to properly secure the cover.
5. With the cover in position near the edge of the fl'ame, attach ropes to both ends of the cover conduit.
NOTE: For long shelters, attaching ropes at every rafter position where a ratchet is located is recommended. If
needed, a small slit can be made on the inside of the sleeve that holds the conduit, which will allow the use of
Visit www. ClearSpan.com for additional products and customer service. 24 of 36
RECEIVED
APR ! 5 009
additional ropes. This slit can be used later when the straps for the ratchets are installed. DO
outside of the main cover. Cut only the sleeve In which the conduit -ests.
6. With all ropes tied securely to the conduit, toss the free ends over the frame assembly and @u the cpver over Ihe
assembly and into place.
NOTE: Use lifts and additional assistants (if needed) to help pull the cover up and over the frame.
7. Ohce In place, center the main cover on the frame. Cente~: the cov~'slde-to-s de and end-to-end.
WARNING: To prevent damage an,d Injury, do not leave the cover unattended if it has not been properly
secured. The ropes can be u~ed ~ te~p~k'arlly k~p the CoveYffom blowing offthe frame.
8. Along the sides, lift the main cover skirt, locate the QH1065 ratchets attached to the rafters, and make a slit itl the
cover conduit sleeve at these locations,
NOTE: If ropes were used at the$~ locations when:the tn*ain co~' was PUlled in place, a Slit may already be present,
9. Select one of the~5 tie down straps that shipped with the building and inSert one end of the strap through the Sleeve
opening, around the coVer conduit, and ba~ through the opertlng. :
10. Feed both ends of the strap through the slot in the ratchet and tighten slightly..
Visit www. clearsPa~ co~11 for additlohal prodUc~s and CustOmer*service
25 of 36
RECEIVED
APR 1 ~ 200~
BOARD OF APPEALS
Side View of Rafter Assembly
Purlin
Center-to-Center
Diagram above shows the 4' on-center rafter spacing.
Custom-Supplied
Baseboard
Rafter Width: 42' Center-to-Center
End View of Rafter
Visit www. ClearSpan.com for additional products and customer service.
6 of 36
Layout the Building Site
After the site is prepared, marking the ground where the building will be situated and identifying
where the corners of the building will be placed helps square the frame after it has been assembled.
Taking these steps before assembling the building saves time and ensures that the structure is
positioned as desired. The following procedure is a suggested method, its use depends on the size of
the building, its appliCation, the footings, and the method used to anchor the building.
Square the Site
1. Identify a corner where a building rafter will be positioned, drive in a stake, and string a line the
exact width of the building and stake in place. (Width of the rafter is measured from center-to-
center of the rafter legs.)
2. String a line at least as long as the building from the first stake at 90°.
NOTE: A transit can be used to ensure an accurate 90° angle, or the 3-4-5 rule can be used. See
the diagram below. Using multiples of 3-4-5 such as 6-8-10 or 12-16-20 helps to maintain an
accurate 90° angle.
3. After squaring the position of the building and placing a stake at all corners, string a line between
the stakes to outline the base of the building.
4. Next, paint a line on the ground using the strings between the stakes as guides.
NOTE: There is no need to mark the rafter spacing. The purlins; when installed correctly, will
maintain even rafter spacing throughout the length of the shelter.
5. After marking the outline of the building, remove the strings and continue with the rafter and
framework assembly instructions for the building.
Visit www. ClearSpan.com for additional products and customer service. 7 of 36
ELIZABETH A. NEVILLE, RMC, CMC
TOWN CLERK
REGISTRAR OF VITAL STATISTICS
MARRIAGE OFFICER
RECORDS MANAGEMENT OFFICER
FREEDOM OF INFORMATION OFFICER
OFFICE OF THE TOWN CLERK
TOWN OF SOUTHOLD
Town Hall, 53095 Main Road
P.O. Box 1179
Southold, New York 11971
Fax (631) 765-6145
Telephone (631) 765-1800
southoldtown.northfork.net
TO:
FROM:
DATED:
RE:
Southold Town Zoning Board of Appeals
Elizabeth A. Neville
April 20, 2009
Zoning Appeal No. 6300
Transmitted herewith is Zoning Appeals No. 6300 of Chester Ciaglo~ Jr.
the Application to the Southold Town Zoning Board of Appeals, Also enclosed is the
Questionnaire, Applicant's Project Description, Short Environmental Assessment Form,
Transactional Disclosure Form, Agricultural Data Statement, Building Permit Application Dated
March 4th, 2008 2 pages, Property Record Card 2 Pages, Authorization Letter to Frank
Blangiardo to represent him in this Matter, Notice of Disapproval Dated May 6,2008, Notice of
Disapproval Dated August 4,2008 Amended and Renewed October 3,2008 and Renewed April
14, 2009, 6 Pages of Information on Clear Span on Storage Tents, 3 Pages of Pictures of the
Storage Tents, Survey of the Property Dated March 4, 2009
Date: 04/17/09
Town Of Southold
P.O Box 1179
Southold, NY 11971
* * * RECEIPT * * *
Receipt'8:
45975
Transaction(s):
1 1 Application Fees
Check~: 3881
Reference
6300
Subtotal
$400.00
Name:
Ciaglo Jr, Chester
36980 C R 48
Peconic, NY 11958
Clerk ID: CAROLH Internal ID: 6300
Town Of Southold
P.O Box 1179
Southold, NY 11971
Date: 06/12/09
* * * RECEIPT * * *
Receipt~: 51551
Transaction(s):
1 1
Application Fees
Reference Subtotal
6300 $200.00
Check#: 3925
Total Paid: $200.00
Name:
Ciaglo Jr, Chester
36980 C R 48
Peconic, NY 11958
Clerk ID: CAROLH internal ID: 6300
ZBA TO TOWN CLERK TRANSMITTAL SHEET
(Filing
of Application and Check for Processing) ,~.'~J~('-'~;OO
DATE: 4-17-09
ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP
RECEI¥~
#3881 $400.00
#6300 CHESTER CIAGLO, JR
~;Outhold Town ¢~c
TOTAL $400.00
Sent via Inter-Office to Town Clerk by: VT .pmk
Thank you.
Frank J. Biangiardo, Sr.
Frank J. Blangiardo
Blangiardo & Blangiardo
Attorneys at Law
P.O. Box 1169
Cutchogue, NY 11935
BOARD OF APPEALS
(681) ~8,t.1111
ZONING BOARD OF APPEALS
53095 MAIN ROAD ,TOWN HALL
P.O. BOX 1179
SOUTHOLD,NEW YORK 11971
December
23rd,2009
RE: APPLICANT: CHESTER CIAGLO JR.
**REQUEST FOR POSTPONMENT**
Dear Board Members;
Our office respectfully requests that the above referenced
hearing be postponed until the March meeting of the Board.
Very truly yours,
FRANK J.BLANGIARDO ESQ.
SUFFOLK COUNTY CLERK
RECORDS OFFICE
RECORDING PAGE
T~pe of Instrument: EASEMENT
Number of Pages: 19
Receipt N,,~er : 08-0117966
TRANSFER TAX NUMBER: 08-11107
District:
1000
meed Amount:
Recorded:
At:
LIBER:
PAGE:
Section: Block:
069.00 04.00
EXAMINED ANDCHAR~EDAS FOLLOWS
Received the Following Fees For Above Instrument
Exempt
Page/Filing $95.00 NO Handling
COE $5.00 NO NYS SRCHG
TP-584 $5.00 NO Notation
Cert. Copies $12.35 NO RPT
Transfer tax $0.00 NO Comm. Pres
Fees Paid
TRANSFER TAX NUMBER:
08-11107
THIS PAGE IS A PART OF THE INSTRUMENT
THIS IS NOT A BILL
Judith A. Pasoale
County Clerk, Suffolk County
12/11/2008
01:43:52 PM
D00012574
702
Lot:
008.008
$20.00
$i5.oo
$0.00
$30.00
$0.00
$182.35
Exempt
NO
NO
NO
NO
NO
JAN - 8 2009
DEPT. OF LAND
PRESERVATION
Nmnberof:p~g~s . < ~
TORRI~N$
~'ior ~ #
Deed / Mu~age Instmmmt Deed / Mo~age Tax Stam~
· FEI~S.
EA'52 17 (Cmmty) __ SubTotal
'1
S~J~sic
Or
~T. ~.T~ · .
orNO~
C~ Prcs~aQon F~d
Consideration Amount $
$
!Improved .--
TD
I'D
In lh~ Tov,~p of ~OJ-~ol J
In ~e VILLAGE
or HAI~EI' of
TO
· Suffolk County Recording'& Endorsement Page,
This page forms para of tl~ at,died
.(~ TYm oFmm,~z,rr )
' CPF T~.x Due
made by:
GRANT OF DEVELOPMENT RIGHTS EASEMENT
THIS ~)~NT OF DEVELOPMENT P~GHTS EASEMENT, is made on .
the ~/~ day of December, 2008 at Southold, New York. The parties
are EUGENE WESNOFSKE, Ir. residing at 4270 Bddge Lane,
Cutchogue, New York 11935 AND CHRYSTAL WESNOFSKE~ residing at
36450 County Road 48, Peconic, New York 11957 (herein cQIlectively
Called "Grantors"), and the TO~/N OF SOUI'HOLD, a muhicip~! ·
corporation, having its principal office at 53095 Main Road, P.O. Box
1179, Southold, New York 11971 (herein call "Grantee").
INTRODUCTION
WHEREAS, Grantors are the owners in fee simple of certain reel
property located in the Town of Southold, Suffolk County, New York,
identified as part of SCTM #1000-69-4-8.1 more fully described in
SCHEDULE "Aw attached hereto and made a part hereof and
hereinafter referred to as the "Property" and shown on the survey
prepared by John C. Ehlers Land Surveyor, dated December 1, 2008 (a
reduced copy of which is attached hereto and made a part hereof and
hereinafter referred to as the "Survey"; and
WHEREAS, the Property is located In the A-C Zoning Dist~'!ct of
the Town of Southold; and
WHEREAS, the Property contains soils classified as Class ! and
Class III worthy of conservation as identified by the United States
Department of Agriculture Soil Conservation Service's Soil Survey of
Suffolk County, New York; and
WHEREAS, the Property is part of the New York State
Agricultural District #1, and the Grantors wish to continue using the
Property for agricultural production as defined in this Easement; and
WHEREAS, the Property Is currently used for row crops; and
WHEREAS, it is the policy of the Town o~ Southold (the "Town"),
as articulated in the Town's Master Plan of 1973, amended in 1986 and
1989 as adopted by theTown Board, Town of Southold, and §272-a of
the New York Town Law ("Town Law") to protect environmentalJy
sensitive areas, preserve prime agricultural soils, to protect the scenic,
open space character of the Town and to protect the Town's resort and
agricultural economy; and
WHEREAS, the Property in its present scenic and agricultural
condition has substantial and significant value as an aesthetic and
agricultural resource since it has not been subject to any development;
and
WHEREAS, Grantors and Grantee r~cognize the value and special
character of the region in which the Property Is located, and Grantors
and Grantee have, in common, the purpose and objective of protecting
and conserving the present state and inherent, tangible and intangible
values of the Property as an aesthetic, natural, scenic and agricultural
resource; and
WHEREAS, Grantee has determined it to be desirable and
beneficial and has requested Grantors, for themselves and their
successors and assigns, to grant a Development Rights Easement to
' Gran~ee in order to restrict the further development of the Property
while per:~itti.ng compatible uses thereof;
~NOW THEREFORE, in consideration of FOUR HUNDRED EIGHT
THOUSAND-NINE HUNDRED SEVENTY-SEVEN AND SIXTEEN 100/00
DOLLARS ($408,977.16) and other good and valuable consideration
paid to the Grantors, the receipt of which is hereby acknowledged, the
Grantors do hereby grant, transfer, bargain, sell and convey to the
Grantee a Development Rights Easement, in gross, which shall be
binding upon and shall restrict the premises shown and designated as
the Property herein, more particularly bounded and described on
Schedule "A" annexed hereto and made a part of this Instrument.
TO HAVEAND TO HOLD said Development Rights Easement and
the rights and Interests In connection with it and as hereinafter set
forth with respect to the Property unto the Grantee~ its successors and
assigns forever, reserving, however, for the direct use and benefit of
the Grantors, their legal representatives, successors and assigns, the
exclusive right of occupancy and of use of the Property, subject to the
limitaUons, condition, covenants, agreements, provisions and use
restriction hereinafter set forth, which shall constitute and shall be
servitudes upon and with respect to the Property.
The Grantors, for themselves, and for and on behal~ of their legal
representatives, successors and assigns, hereby covenant and agree
as follows:
0.0:L Grantors' Warranty
Grantors warrant and represent to the Grantee that Grantors are
the owners of the Property described in Schedule "A", free of any
mortgages or liens, except as set forth in Land America
Commonwealth Title Report No. RH0830[034, and that Grantors
possess the right to grant this easement.
0.02 Grantee's Status
Grantee warrants and represents to Grantors that Grantee is a
municipal corporation o~janlzed and existing under the laws of the
State of New York and is authorized under §64 of Town Law and §247
of the New York State General IVlunlcipal Law ("General Municipal
Law") to acquire fee title or lesser interests in land, including
development rights, easements, covenants, andother contractual
Hghts which may be necessary or desirable for the preservation and
retention of agricultural lands, open spaces and natural or scenic
resources.
0.03 Puroose
The parties recognize the environmental, natural, scenic and
agricultural values of the Property and have the common purpose of
preserving these values. This instrument is intended to convey a
Development Rights Easement on the Property by Grantors to
Grantee, exclusively for the purpose of preserving its character in
perpetuity for its environmental~ scenic, agricultural and natural values
by preventing the use or development of the Property for any purpose
or in any manner contrary to the provisions hereof, In furtherance of
federal, New York State and local conservation policies..
Q,O4' Gover~nm~ntal...., Recoonition
New Y~?k-~State has recognized the importance of private efforts,
to pr~eserve rural land in a scenic, natural, and open condition through
conservaUon restrictions by the enactment of General Nunicipal Law
§247. Similar recognition by the federal government Includes §:t70(h)
of the Internal Revenue Code and other federal statutes,
0.05 Baseline Documentation
Grantee acknowledges by acceptance of this Development Rights
Easement that present uses of the Property are compatible with the
purposes of this Easement. In order to aid in identifying and
documenting the present condition of the Property's natural, scenic,'
agriculturalt and aesthetic resources and otherwise to aid in Identifying
and documenting the Property's agricultural values as of the date
hereof, to assist Grantors and Grantee with monitoring the uses and
activities on the Property and ensuring compliance with the terms
hereof, Grantee has prepared, with Grantors' cooperation, an
inventory of the Property's relevant features and condiUons (the
"Baseline Documentation"). This Baseline Documentation includes, but
need not be limited to, a survey prepared by John C. Ehlers Land
Surveyor, dated December :L, 2008, a Phase 1 Environme, ntal Site
Assessment dated October 2, 2008 by Cashin Associates, P.C., an
aerial photograph of the Property, and maps on file with the Town
Land Preservation Department.
Grantors and Grantee acknowledge and agree that in the event a
controversy arises with respect to the nature and extent of the
Grantors' uses of the Property or its physical condition as of the date
hereof, the parties shall not be foreclosed from uUIIzing any other
relevant or material documents, surveys, reports, photographs or
other evidence to assist in the resolution of the controversy.
0.06 Recitation
In consideration of the previously recited facts, mutual
promises, undertakings, and forbearances contained In this
Development Rights Easement, the parties agree upon its provi,sions,
intending to be bound by it.
ARTICLE ONE
THE EASENENT
Type
This instrument conveys a Develop~nent Rights Easement (herein
called the "Easement~). This Easement shall consist of the limitations,
agreements, covenants, use restrictions, rights, terms, and conditions
recited herein. Reference to this "Easement" or its 'provisions" shall
include any and all of those limitations, covenants, use restrictions,
rights, terms and conditions.
1.02 Definitions
"Development Rights" shall mean the permanent legal interest
and right to prohibit or restrict the use of the Property for uses or
purposes consistent with the terms of this Easement, including
agricultural production as ~at term is presently referenced in §247 of
the General Municipal Law and/or defined In Chapter 70 of the Town
Code of the Town of Southold (the "Town Code" or "Code") and
including the production of crops, ~ivestock and livestock products as
defined in §301(2)(a)-(i) of the New York State Agriculture and
Markets Law ("Agriculture and Markets Law'~, now or as such Laws
and/or Code may be amended. No future restrictions in said laws
and/or Code or limitation in the definitions set forth in said laws and/or Code
shall preclude a use that is permitted under the current law and/or Code.
"Riding Academy" shall mean a business use of a lot for any of
the following purposes: the letting of horses for hire to individuals or
groups whether supervised or unsupervised, horseback ddlng
instruction or the holding of horse shows or other equine events.
"Structure~ shall mean anything constructed or erected on or under
the ground or upon another structure or building, including walkways.
Structures shall not include trellis, fences, posts and wiring, farm
roads or farm irrigation systems, nursery mats, or fencing used in
connexion with bonaflde agricultural productlon, including without
limitation fencing to keep out predator animals. Approvals for those
items listed in the preceding sentence shall be as required by
applicable provisions of the Town Code.
1.03 Duration
This Easement shall be a burden upon and run with the Property
in perpetuity.
1.04 Effect
This Easement shall run with the Property as an incorporeal
interest In the Property, and shall extend to and be binding upon
Grantors, Grantors' agents, tenants, occupants, heirs, personal
representatives, successors and assigns, and alt other individuals and
entities. The word "Grantors" when USed herein shall include all of
those persons or entities. Any rights, obligations, and interests herein
granted to Grantors and/or Grantee shall also be deemed granted to
each and every one of its subsequent agents, successors, and assigns,
and the word "Grantors" or "Grantee" when used herein shall include
all of those persons or entities.
ARTICLE l~A/O
SALE
GRANTORS, for FOUR HUNDRED EIGHT THOUSAND-NINE
HUNDRED SEVENTY-SEVEN AND SIXTEEN 100/00
DOLLARS ($408,977.::L6) and such other good and valuable
consideration, hereby grant, release, and convey to Grantee this
Easement, in perpetuity, together with all rights to enforce it. Grantee
hereby accepts this Easement in perpetuity, and undertakes to enforce
it against Grantors.
ARTICLE THREE
PROHIBITED ACTS
From and after the date of this Easement, the following acts,
uses and practices shall be prohibited forever upon or within the
Property:
3.01 Structures
No structures may be erected or constructed on the Property
except as permitted by the Southold Town Land Preservation
Committee ("Land Preservation Committee") and other applicable
provisions of the Town Code and 4.06 of this Easement.
3.02 Excavation and Removal of Materials: MininQ
The excavating or filling of the Property, except as may be
necessary to construct and maintain permitted structures and
Improvements on the Property or In connection with necessary
drainage or soil conservation programs, shall be prohibited, without
the prior written consent of Grantee. Mineral exploitation, and
extraction by any method, surface or subsurface, Is prohibited. The
removal of topsoil, sand, or other materials shall not take place, nor
shall the topography of the Property be changed, except to construct
and maintain the permitted structures and improvements on the
Property and for purposes of erosion control and soil managementf or
In connection with normal agricultural/horticultural activities, without
the prior written consent of Grantee.
3.03 Subdivision
The Property may not be further subdivided pursuant to Town
Law §§265, 276 or 277 or § 335 of the Real Property Law, as they
may be amended, or any other applicable State or local law.
"Subdivision" shall include the division of the portion of the Property
from which the development rights are acquired into two or more
parcels, in whole or in part. Notwithstanding this provision, the
underlying fee Interest may be divided by conveyance of parts thereof
to heirs or next of kin by will or operation of law.
3.04 Dumoino
The dumping or accumulation of unsightly or offensive materials
including, but not limited to trash, garbage, sawdust, ashes or
chemical waste on the Property shall be prohibited. This prohibition
shall exclude materials used in the normal course of sound agricultural
practices, Including fertilization, composting and crop removal.
3.05 $iqns
The display of signs, billboards, or advertisements shall be
prohibited, except signs whose placement, number, and design do not
significantly diminish the scenic character of the Properly and only for
any of the following purposes: (a) to state the name of the Property
and the names and addresses of the occupants and the character of
the business conducted thereon, (b) to temporarily advertise the
Property or any portion thereof for sale or rent, (c) to post the
Property to control unauthorized entry or use, or (d) with the consent
of the Grantors, to announce Grantee's easement. Signs are subject to
regulatory requirements of the Town.
3.06 Utilities
The creation or placement of overhead utility transmission lines,
wires, pipes, wells or drainage systems ("utilities") on the Property to
service structures approved pursuant to Section 4.06 shall be
prohibited without the prior written consent of the Grantee. The
Property may not be used for the creation or placement of utilities to
service any other properties.
3.07 Prohibited Uses
Except for uses specifically permitted by this easement, the use
of the Property or structures on it for any residential, commercial or
industrial uses, permanent or temporary, including but not limited to a
riding academy, shall be prohibited. For the purposes of this section,
agricultural production, as that term is presently referenced in §247 of
the General Municipal Law and/or defined in Chapter 70 of the Town
Code, and Including the production of crops, livestock and livestock
products as defined in Section 301(2)(a)-(i) of the Agriculture and
Markets Law, now or as such Laws and/or Code may be amended,
shall not be considered a commercial use. Uses, improvements and
activities permitted by the Town Code now or in the future on
agricultural lands protected by a development rights easement or
other instrument, shall not be considered a commercial use. No
improvements, uses or activities inconsistent with current or future
agricultural production shall be permitted on the Property.
3.08 Soil and Water
Any use or activity that causes or is likely to cause soil
degradation or erosion or pollution of any surface or subsurface waters
shall be prohibited. This prohibition shall not be construed as
extending to agricultural operations and practices (including, without
limitation, the use of agrochemicals such as fertilizers, pesticides,
herbicides, and fungicides) that are in accordance with sound
agricultural management practices.
3.09 Drainaqe
The use of the Property for a leaching or sewage disposal field
shall be prohibited. The use of the Property for a drainage basin or
sump shall be prohibited, except in accordance with sound agricultural
management practices and in order to control flooding or soil erosion
on the Property.
3.10 Development Riqhts
The use of the acreage of this Property for purposes of
calculating lot yield on any other Property shall be prohibited.
Grantors hereby grant to Grantee all existing development rights {and
any further development rights that may be created through a
rezoning of the Property) on the Property, except for the'right to
construct, maintain and replace any pre-existing structures, and to
construct new structures, as such rights may be provided in Section
4.06, and the parties agree that any other such development rights
shall be terminated and extinguished and may not be used or
transferred to any other parcels.
6
.ARTICLE FOUR
GRANTORS' RIGHTS
4,01 Ownership
Subject to the provisions of ARTICLE THREE, Grantors shall
retain all other rights of ownership in the Property, some of which are
more particularly described in this ARTICLE FOUR.
4.02 Possession
Grantors shall continue to have the right to exclusive possession
of the Property.
4.03 Use
Grantors shall have the right to use the Property in any manner
and for any purpose consistent with and not prohibited by this
Easement as well as applicable local, State, or federal law. Grantors
shall have the right to use the Property for uses, improvements and
activities permitted by the Town Code, now or In the future, on
agricultural lands protected by a development rights easement or
other instrument.
4.04 Landscapinq Activities
Grantors shall have the right to continue the current and/or
customary modes of landscaping, pruning and grounds maintenance
on the Property as evidenced by the documentation set forth in
Section 0.05. Grantors shall have the right to remove or restore trees,
shrubs, or other vegetation when dead, diseased, decayed or damaged
or interfering with agricultural production, to thin and prune trees to
maintain or improve the appearance of the Property, and to mow the
Property.
4.05 Aqric~ultural Production and Activities
Grantors shall have the right to engage in all types of
agricultural production as the term ls referenced in §247 of the
General Municipal Law and/or defined in Chapter 70 of the Town Code,
and including the production of crops, livestock and livestock products
as defined in §301(2)(a)~(i) of the Agriculture and i~larke~s Law, now
or as such Laws and/or Code may be amended. No future restrictions
in said laws and/or Code or limitation in the definitions set forth in said
laws and/or Code shall preclude a use that is permitted under the
current w and/or Code.
Notwithstanding the definition of agricultural production in
Chapter 70 of the Town Code or any successor chapter, structures
shall be prohibited except as set forth in §4.06 herein and as
permitted by the ~[own Code now or in the future on agricultural lands
protected by a development rights easement or other instrument.
4.06 Structures
A. Allowable Improvements. Grantors shall have the right to
erect and maintain the following structures on the Property, as they
may be permitted by the Town Code now or as same may be amended
· and subject to the approvat of the Land Preservation Committee,
provided the structures are consistent with and do not derogate from
or defeat the Purpose of this Easement or other applicable laws:
(i) Underground facilities used to supply utilities solely
for the use and enjoyment of the Property;
(ii)
Construction of new structures, provided such
structures are necessary for or accessory to
agricultural production; any new construction as
permitted by this 4.06 shall only be located in the
"Agriculture Structure Area" shown on the Survey
and described in Schedule "B" attached hereto and
made a part hereof;
(li~)
Renovation, maintenance and repairs of any existing
structures or structures built or permitted pursuant
to this Section 4.06, provided the primary purpose of
the structure remains agricultural;
(iv) Any improvement excluded from the definition of
"Structure" in Section :1..02.
B. Conditions. Any allowable improvements shall protect
prime agricultural soils, agricultural production, open space and scenic
vistas, and otherwise be consistent with the Purpose of this Easement.
No new construction is permitted outside of the Agricultural Structure
Area described in this 4.06
C. Environmental Sensitivity During Construction. The use and
location of any improvement permitted hereunder shall be consistent
with the purposes intended herein, and construction of any such
improvement shall minimize disturbances to the environment.
Grantors shall employ erosion and sediment control measures to
mitigate any storm water runoff, including but not limited to minimal
removal of vegetation, minimal movement of earth and minimal
clearance of access routes for construction vehicles.
D. Replacement of Improvements. In the event of damage
resulting from casualty loss to an extent which renders repair of any
existing improvements or Improvements built or permitted pursuant to
this Section 4.00 Impractlcal~ erection of a structure of comparable
size, use, and general design to the damaged structure shall be
permitted in kind and within the same general location subject to the
review and written approval of Grantee, pursuant to applicable
provisions of the Town Code.
4.07 Notice
Grantors shall notify Grantee, in writing, before the construction
of any permanent or temporary structures as permitted in Section
4.06 herein and shall file all necessary applications and obtain all
necessary approvals that may be required by this Easement or by the
Town Code, and shall provide documentation as may be required for
such applications.
4.08 Alienability
Grantors shall have the right to convey, mortgage or lease all of
their remaining interest in the PropeKo/, but only subject to this
Easement. Grantors shall promptly notify Grantee of any conveyance
of any interest in the Property, including the full name and mailing
address of any transferee, and the individual principals thereof, under
any such conveyance. The instrument of any such conveyance shall
specifically set forth that the interest thereby conveyed is subject to
this Easement, without modification or amendment of the terms of this
Easement, and shall incorporate this Easement by reference,
specifically setting forth the date, office, Ilber and page of the
recording hereof. The failure of any such Instrument to comply with
the provisions hereof shall not affect Grantee's rights hereunder.
4.09 Further Restriction
Nothing in this Easement shall prohibit or preclude Grantom from
further restricting the use, improvements or structures on the
Property. Any such further restrictions shall be consistent with and in
furtherance of the general Intent and purpose of this Easement as set
forth in Section 0.03.
ART[CI.E FIVE
GRANTORS' OBLIGATIONS
5,01 Taxes and Assessments
Grantors shall continue to pay all taxes, levies, and assessments
and other governmental or municipal charges, which may become a
lien on the Property, Including any taxes or levies imposed to make
those payments subject~ however, to Grantors' right to grieve or
contest such assessment. The failure of Grantors to pay all such
taxes, levies and assessments and other governmental or municipal
charges shall not cause an alienation of any rights or interests
acquired herein by Grantee.
5,02 [ndemnification
Grantors shall Indemnify and hold Grantee harmless for any
liabiliW, costs, attorneys' fees, Judgments, expenses, charges or liens
to Grantee or any of Its officers, employees, agents or independent
contractors, all of which shall be reasonable in amount, except those
arising solely from Grantee's negligence, arising fi.om injury due to the
physical maintenance or condition of the Property caused by Grantors'
actions or inactions, or from any taxes, levies or assessments upon it
or resulting from this Easement, all of which shall be considered
Grantors' obligations,
5.03 Third Party Claims
Grantors shall indemnify and hold Grantee harmless for any
liability, costs, attorneys' fees, judgments, or expenses, charges or
Ilens to Grantee or any of its officers, employees, agents or
independent contractors, all of which shall be reasonable'in amount,
resulting: la) from injury to persons or damages to property arising
from any activity on the Property, except those due solely to the acts
of the Grantee, its officers, employees, agents, or independent
contractors; and lb) from actions or claims of any nature by third
parties arising out of the entering into or exercise of rights under this
easement, excepting any of those matters arising solely from the acts
of Grantee, its officers, employees, agents, or Independent
contractors.
5.04 Grounds Maintenance Requirement
If Grantors leave the Property open and do not engage in
agricultural production for two (2) consecutive years, then Grantors
shall implement a Natural Resources Conservation Plan (the 'Plan")
approved by the Land Preservation Committee to maintain or restore
the Property to the condition in which it existed on the date of this
Easement, as evidenced by the documentation referred to in Section
0.05, in order to protect the environmental, natural, scenic and
agricultural values of the Property. In the event Grantors fail to
comply with the provisions of this section after reasonable notice is
given to Grantors by Grantee, then, in addition to all other remedies
set forth herein, Grantee or its agents are hereby authorized to enter
upon the Property to implement the Plan, and to recover the costs of
such Implementation from Grantors, as provided in Section 6.03.
ARTICLE SIX
GRANTEE'S RIGHTS
6.01 Entry and Inspection
Grantee shall have the right to enter upon the Property at
reasonable times, upon prior notice to Grantors, and in a manner that
will not interfere with Grantors' quiet use and enjoyment of the
Property, for the purpose of inspection to determine whether this
Easement and its purposes and provisions are being upheld. Grantee
shall not have the right to enter upon the Property for any other
purposes, except as provided in Section 5.04 and 6.03, or to permit
access upon the Property by the public.
6.02 Restoration
tn addition to Grantee's remedies under Section 5.04, Grantee
shall have the right to require the Grantors to restore the Property to
the condition required by this Easement and to enforce this right by
any action or proceeding that Grantee may reasonably deem
necessary. However, Grantors shall not be liable for any changes to
the Property resulting from causes beyond the Grantors' control,
including, without limitation, fire, flood, storm, earth movement, wind,
weather or from any prudent action taken by the Grantors under
emergency conditions to prevent, abate, or mitigate significant injury
to persons or to the Property or crops, livestock or livestock products
resulting from such causes.
6.03 Enforcement Riqhts of Grante~
Grantors acknowledge and agree that Grantee's remedies at taw
for any violation of this Easement may be inadequate. Therefore, in
addition to, and not as a limitation of, any other fights of Grantee
hereunder at law or in equity, in the event any breach, default or
violation of any term, provision, covenant or obligation on Grantors'
part to be observed or performed pursuant to this Easement is not
cured by Grantors within ten (10) days notice thereof by Grantee
(which notice requirement is expressly waived by Grantors with
10
respect to any such breach, default or violation which, in Grantee's
reasonable judgment, requires immediate action to preserve and
protect any of the agricultural values or otherwise to further the
purposes of this Easement), Grantee shall have the right at GrantorS'
sole cost and expense and at Grantee's election;
(i) To institute a suit to enjoin or cure such breach, default or
violation by temporary and/or permanent injunction,
To enter upon the Property and exercise reasonable efforts
to terminate or core such breach, default or violation
and/or to cause the restoration of that portion of the
ProperLy affected by such breach, default or violation to
the condition that existed prior thereto, or
(ii)
To enforce any term, provision, covenant or obligation in
this Easement or to seek or enforce such other legal
and/or equitable relief or remedies as Grantee deems
necessary or desirable to ensure compliance with the
terms, conditions, covenants, obligations and purposes of
this Easement; provided, however, that any failure, delay
or election to so act by Grantee shall not be deemed to be
a waiver or a forfeiture of any right or available remedy on
Grantee's part with respect to such breach, default, or
violation or with respect to any other breach, default or
violation of any term, condition, covenant or obligation
under this Easement.
(iii)
The cure period in this Section 6.03 may be extended for a reasonable
time by Grantee ir such restoration cannot reasonably be accomplished
within 10 days.
6.04 Notice
All notices required by this Easement must be written. Notices
shall be delivered by hand or registered or certified mall, return receipt
requested, with sufficient prepaid postage affixed and with return
receipts requested. Nailed notice to Grantors shall be addressed to
Grantors' address as recited herein, or to such other address as
Grantors may designate by notice In accordance with this Section
6.04. Nailed notice to Grantee shall be addressed to its principal office
recited herein, marked to the attention of the Supervisor and the Town
Attorney, or to such other address as Grantee may designate by notice
in accordance with this Section 6.04. Notice shall be deemed given
and received as of the date of its manual delivery or three business
days after the date of its mailing.
6.05 No Waiver
Grantee's exercise of one remedy or relief under this ARTICLE
SIX shall not have the effect of waiving or limiting any other remedy or
relief, and the failure to exercise or delay in exercising any remedy
shall not constitute a waiver of any other remedy or relief or the use of
such other remedy or relief at any other time.
6.06 Extinquish m ant/Condemnation
At the mutual request of Grantors and Grantee, a court with
jurisdiction may, if it determines that conditions surrounding the
Property have changed so much that it becomes impossible to fulfill
11
the Purpose of this Easement described in Section 0.03, extinguish or
modify this Easement in accordance with applicable law. The mere
cessation of farming on the Property shall not be construed to be
grounds for extinguishment of this Easement.
If at any time the Property or any portion thereof shall be taken
or condemned by eminent domain, by the Grantee or by any other
governmental entity, then this Easement shall terminate with respect
to the Property, or portions thereof so taken or condemned, and the
Property shall not be subject to the limitations and restrictions of this
Easement. In such event, the Grantors, their successors or assigns,
shall not be required to pay any penalties, but the value of the
Property shall reflect the limitations of this Easement. Any
condemnation award payable to the Grantors shall be in proportion to
the value attributable to the residual agricultural value of the Property
and if the condemnation is undertaken by an entity other than the
Grantee, then the remaining portion of the condemnation award shall
be payable to the Grantee in proportion to the value attributable to the
development rights transferred hereby.
ARTICLE SEVEN
.MISCELLANEOUS
7.01 Entire Understandina
This Easement contains the entire understanding between the
parties concerning its subject matter. Any prior agreement between
the parties concerning Its subject matter shall be merged into this
Easement and superseded by it.
7.02 Amendment
This Easement may be amended only with the written consent of
Grantee and current Grantors and in accordance with all applicable
State and local laws. Any such amendment shall be consistent with
the Town Code and any regulations promulgated thereunder and with
the Purpose of this Easementt and shall be duly recorded.
This Easement is made with the intention that it shall qualify as
a Conservation Easement In perpetuity under Tnternal Revenue Code
§:L70{h). The parties agree to amend the provisions of this Easement
if such amendment shall be necessary, to entitle Grantors to meet the
requirements of §170(h). Any such amendment shall apply
retroactively in the same manner as if such amendment or
amendments had been set forth herein.
7.03 Alienation
No property rights acquired by Grantee hereunder shall be
alienated except pursuant to the provisions of Chapter 70 of the Town
Code or any successor chapter and other applicable laws, upon the
adoption of a local law authorizing the alienation of said rights and
interest, following a public hearing and, thereafter, ratified by a
mandatory referendum by the electors of the Town of Southold. No
subsequedt amendment of the provisions of the Town Code shalt alter
the limitations placed upon the alienation of those property rights or
interests which were acquired by the Town prior to any such
amendment.
12
7.04 Severabllitv
Any provision of this Easement restricting Grantors' activities,
which is determined to be invalid or unenforceable by a court shall not
be invalidated. Instead, that provision shall be reduced or limited to
whatever extent that court determines will make it enforceable and
effective. Any other provision of this Easement that Is determined to
be invalid or unenforceable by a court shall be severed from the other
provisions, which shall remain enforceable and effective.
7,05 Goveminq Law
New York Law applicable to deeds to and easements on land
located within the State of New York shall govern this Easement in all
respects, including validity, construction, interpretation, breach,
violation and performance.
7.06 Znteroretation
Regardless of any contrary rule of construction, no provision of
this Easement shall be construed in favor of one of the parties because
it was drafted by the other party's attorney. No alleged ambiguity in
this Easement shall be construed against the party whose attorney
drafted it. If any provision of this Easement is ambiguous or shaJl be
subject to two or more interpretations, one of which would render that
provision invalid, then that provision shall be given such interpretation
as would render it valid and be consistent with the purposes of this
Easement. Any rule of strict construction designed to limit the breadth
of the restrictions on use of the Property shall not apply in the
construction or interpretation of this Easement and this Easement shall
be interpreted broadly to affect the purposes of this Easement as
intended by the par~les. The parties intend that this Easement, which
is by nature and character primarily negative in that Grantors have
restricted and limited their right to use the Property, except as
otherwise recited herein, be construed at all times and by all parties to
effectuate its purposes.
7.07 Public Access
Nothing contained in this Easement grants, nor shall It be
interpreted to grant, to the public, any right to enter upon the
Property, or to use images of the property. Grantee may use images
of the Property for non-commercial reporting of this Easement.
7.08 Warranties
The warranties and representations made by the parties in this
Easement shall survive its execution.
7.09 RecordinCl
Grantee shall record this Easement in the land records of the
office of the Clerk of the County of Suffolk, State of New York.
7.10 Headinqs
i3
. The headings, titles and subtitles herein have been inserted
solely for convenient reference, and shall be ignored in its
construction.
IN WITNESS WHEREOFi Grantors have executed and delivered and
Grantee has accepted and received this Grant of Development Rights
Easement on the day and year set forth above.
ACKNOWLEDGED AND ACCEPTED:
EUGENE WL=SNOFSKEt .]R., Grantor
CHRYST~L WE~NOFS-KE, Grantor
ACKNOWLEDGED AND ACCEPTED:
TOWN OF SOUTHOLD, Grantee
S~"~tt A. Rus's~ll v
Supervisor
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this ~'~day of ~-' in the year 2008 before me, the undersigned,
personally appeared E'u~ ~z ~l~w~,=~-~. personally known to me or proved to
me on the basis of satisfactory evidence to be the individual(s) whose name(s) Is
(are) subscribed to the within Instrument and acknowledged to me that he/she/they
executed the same in hls/her/thelr capacity(les), and that by bis/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual(s) acted, executed the instrument.
Notary Public
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
PATRICIA L FALLbN
Notary Public, State Of New Yotl{
N o. 01 FA4~JS0146
Qualified In Saffotk County
Commission Expires April 24,
On this ~dsy of be~- in the year 2008 before me, the undersigned,
personally appeared E~v.ct'~z-~F'/~'~o~/~ personally known to.me or proved to
me on the basis of satisfactory evidence to be the individual(s) whose name(s) is
(are) subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capedb/(ies), and that by his/her/their
signature(s) on the instrument, the individual(s), or the person upon behalf of which
the individual(s} aci:ed, executed the instrument.
· Notary Public
i4
PATRICIA L. FALLON
Notary Public, Slate Of Ne~V YO~K
No. 01FA4950146
STATE OF NEW YORK )
COUNTY OF SUFFOLK ) SS:
On this ~' day of ~"~, tn the year 2008 before me, the undersigned,
personally appeared Scott A, Russell, personally known to me or proved to me on
the basis of satisfactory evidence to be the individual(s) whose name(s) is (are)
subscribed to the within instrument and acknowledged to me that he/she/they
executed the same in his/her/their capacity(les), and that by his/her/their
signature(s) on the instrument, the Individual(s), or the person upon behalf of which
the individual(s) acted, executed the Instrument,
Notary Public
PATRICIA L. FALLON
Notary Public, Slate Of New York
No. 01 FA4950146
Qualified In Suffolk Coun
tv
Commission Expires April ~f4, p~,,~//
SCHEDULE A - DESCRZPTION
File No: RH08301034
("Development Rights Easement Area")
AL{_ that certain plot, piece or parcel of land, situate, lying and being at $outhold, in the ¥own of
So-thold, County of Suffolk and State of New York, bounded and descrlbad as follows:
BEGINNING at a point on the southeasterly side of Hiddle Road, C. R. 48, at the northwesterly
corner of the premises herein described and also being the following two (2) courses and distances
as measured along the southeasterly side of Middle Road, C. R. 48 from a monument at the
northeasterly corner of land now or formerly of "lay W. Guild, formerly Case:
1. North 59 degrees 27 minutes 30 seconds East, 94.00 feet; and
2. North 58 degrees 31 minutes 00 seconds East, 198.00 feet;
THENCE North 58 degrees 31 minutes 00 seconds East, still along the southeasterly side of Middle
Road, C. R. 48, 250.10 feet to land now or formerly of Chester L. Ciaglo, Jr.;
THENCE along said land now or formerly of Chester L. Ciaglo, -]r., the following four (4) courses
and distances:
1. South 31 degrees 05 minutes 13 seconds East, 249.45 feet;
2. North 58 degrees 31 minutes O0 seconds East, 35.00 feet;
3. South 27 degrees 38 minutes 50 seconds East, 50.00 feet; and
4. North 58 degrees 31 minutes 00 seconds East, 150.00 feet
to land now or formerly of ]ohn B. Sepenoski, Ir.;
THENCE South 27 degrees 38 minutes 50 seconds East along said land now or formerly of John B.
Sepenoski, "lt., 252.72 feet to land of the Metropolitan Transportation Authority - Long Island Rail
Road;
THENCE South 58 degrees 31 minutes 30 seconds West along said land of The Metropolitan
Transportation Authority - Long Island Rail Road, 734.24 feet to land now or formerly of ~lay W.
Guild, formerly Case;
THENCE North 28 degrees 28 minutes O0 seconds West along said land now or formerly of.lay W.
Guild, formerly Case, 174.45 feet;
THENCE North 60 degrees 03 minutes 36 seconds East, 210.76 feet;
THENCE North 23 degrees 41 minutes 05 seconds West, 318.79 feet;
THENCE North 58 degrees 31 minutes 00 seconds East, 58.00 feet;
THENCE North 31 degrees 29 minutes 00 seconds West, 67.00 feet to the southeasterly side of
Middle Road, C. R. 48 and the point or place of BEGINNING.
ALTA Owner's Policy (6-1.7-O6)
DESCR~BTION - SCHEDULE B
("Agricultural Structure Area within Development Rights Easement Area")
ALL that certain plot, piece or parcel of land, situate, lying and being at Southold, in the Town of
Southold, County of Suffolk and State of New York, bounded and described as follows:
BEGINNING at a point on the easterly line of land now or formedy of.lay W. Guild, formerly Case,
at the northwesterly corner of the premises herein described; said point being also distant South
28 degrees 28 minutes. 00 seconds East, 379.24 feet as measured along said easteHy line of land
now or formerly of 3ay W. Guild, formerly Case, from a monument on the southeasterly side of
Middle Road, C. R. 48;
RUNNING THENCE North 60 degrees 03 minutes 36 seconds East, 210.76 feet;
THENCE South 31 degrees 28 minutes 30 seconds East, 168.56 feet to land of the Metropolitan
Transportation Authority - Long Island Rail Road;
THENCE South 58 degrees 31 minutes 30 seconds West along said land of the Metropolitan
Transportation Authority - Long Island Rail Road, 219.84 feet to land now or formerly of ]ay W.
Guild, formeHy Case;
THENCE North 28 degrees 28 minutes O0 seconds West, along said last mentioned [and, 174.45
feet to the point or place of BEGINNING.
ALTA Owner's Policy (6-17-06)
N ill
0~24~99~ 0~:14
BLANGIARDO&BLANGIARD
Blangiardo & Blangiardo
Attorneys at Law
RO, Box 1169
Cutchogue, NY 11935
PAGE 01
RECEIVED
JUL 2 7 2009
BOARD OF APPEALS
(631) 734.1111
ZONING BOARD OF APPEALS
53095 ~AIN ROAD,TOWN HALL
BUILDING , 1st Floor
P.O. BOX 1179
SOUTNOLD,NEW YORK 11971
RE: APPLICANT: CHESTER CIAGLO JR.
REARING DATE: JULY 30th,2009 ~ 10:45 AM
** REQUEST FOR POSTPONMENT**
July 24th,2009
Dear Board Members,
Our office respectfully requests that the above referenced
hearing be postponed so that our office can complete the
required mailings.
Very truly yours,
FRANK J.BLANGIARDO
cc: CHESTER CIAGLO JR.
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http:Hsoutholdtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, OCTOBER 1, 2009
PUBLIC HEARING
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280
(Zoning), 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, OCTOBER 1, 2009:
11:45 A.M. CHESTER ClAGLO #6300. Requests for Variances under Section 280-15B,
based on the Building Inspector's April 14, 2009 amended Notice of Disapproval concerning
an application for a building permit for construction of an accessory structure or building
for personal storage use on this 55,500 square foot parcel, which new construction: (1) is
setback less than the code-required minimum 15 feet from a property line, and (2) contains
a building size greater than the code limitation of 750 square feet. Location of Property:
36980 County Road 48 (a/k/a Middle Road, or North Road), Southold; CTM 69.4-8.2. Zone
District: Agricultural-Conservation.
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. The
above hearing will not start earlier than designated above. Files are available for review during
regular business hours and prior to the day of the hearing. If you have questions, please do not
hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us.
Dated:
September 10, 2009.
ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
BY LINDA KOWALSKI
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971.0959
ZONING BOARD OF APPEALS ~ ~uo/,~/~-?
MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
~: 54375 Main Road and Youngs Avenue, Southold
website: http://southtown.northfork.net
September 8, 2009
Re: Town Code Chapter 55 - Public Notices for Thursday, October 1, 2009 Hearing
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice
will be published in the next issue of the Times Review newspaper.
1) Before September 16th
Please send the enclosed Legal Notice, with both a Cover Letter including your telephone
number and a copy of your Survey or Site Plan (filed with this application) which shows the
new construction {area or other request, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, to al_l owners of property (tax map with property numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County
Center, Riverhead~ If you know of another address for a neighbor, you may want to send the
notice to that address as well. If any letter is returned to you undeliverable, you are requested
to make other attempts to obtain a mailinq address or to deliver the letter to the current owner,
to the best of your ability, and to confirm how arranqements were made in either a written
statement, or during the hearing, providing the returned letter to us as soon as possible;
AND not later than September 18th: Please either mail or deliver to our office your Affidavit of
Mailin.q (form enclosed) with parcel numbers, names and addresses noted, and furnish to
our office with th~ green/white receipts postmarked by the Post Office. When the green
signature cards ar~ returned to you later by the Post Office, please mail or deliver them to us
before the scheduled hearing. If any signature card is not returned, please advise the Board
during the hearing ~and provide the card (when available). These will be kept in the permanent
record as proof of ~!1 Notices.
2) Not Later September 22rd: Please make arrangements to place the enclosed Poster on a
signboard such as ~ardboard, plywood or other material, posting it at your property for seven
(7) days (or more) until the hearing is held, Securely place the sign on your property facing
the street, no more than 10 feet from the front property line bordering the street. If you border
more than one street or roadway, an extra sign is available for the additional front yard. Please
deliver or mail your-Affidavit of Posting for receipt by our office before September 29, 2009.
If you are not able t~) meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Encls.
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Sworn to before me this
Karen Kine of aattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for 1__ week(s), successively, commencing on the
17a day of SeDtamber. 2009.
NOTICE OF HEARING
The following application will be heard by the Southold Town
Board of Appeals at Town Hall, 5:3095 Main Road, Southold:
NAME: ClAGLO, CHESTER JR. # 6300
MAP #: 69-4-8.2
VARIANCE: BUILDING SIZE &COVERAGE
REQUEST: ACCESSORY BUILDING
DAT : THURS, OCT 1, 2009 11:45 A.M.
If you ar.e interested in this project, you may review the file(s} prior to
the heanng during normal business days between 8 AM and 3 PM.
ZONING BOARD-TOWN OF SOUTHOLD 765-1809
ZONING BOARD OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
In the Matter of the Application of
CHESTER CIAGLO JR.
(Name of Applicants)
CTM Parcel #1000- 69-~.--8.
AFFIDAV IT
OF
MAILINGS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, KATHY,S! JACOBS
residing at 405 ARSHAMOMAQUE AVE
SOUTHOLD
, New York, being duly sworn, depose and say that:
On the 1 5th day of SEPTEMBER ,200' $ I personally mailed at the
United States Post Office in SOUTHOLD , New York, by CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal
Notice ia prepaid envelopes addressed to current owners shown on the current
assessment roll verified from the offi6ial records on file with the (x) Assessors, or
( ) County Real Property Office , for every
property which abuts and is across a public or pdvate street, or vehicular right-of-
way of record, surrounding the applicant's property.
~Jnatu~e)
Sworn to before me this
1 5 t~((~~'~' 9~,,~,
PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers
next to the owner names and addresses for which notices were mailed. Thank
you.
JOHN B. SEPNOSKI JR.
P.O. BOx 120
PECONIC,NY 11958
STANLEY SEPNOSKI
P.O. BOX 120
PECONIC,NY 11958
SCTM#s
SCTM#s
69-4-9.2 ~,~
69-1-6.2 v/
69'1 -6.1 /
NEAL & SARA CHICANOWITZ TRUST
155 HALLS CREEK DR. SCTM#s
MATTITUCK,NY 11952
75-2-8
MATTABELLA VINEYARDS HOLDING CO
5410 NORTH BAY ROAD SCTM#s
MIAMI BEACH, FLORIDA 33140
75-2-15.2
,.*%[
ZONING BOARD' OF APPEALS
TOWN OF SOUTHOLD:NEW YORK
In the Matter of the Application of
CHESTER CIAGLO
(Name of Applicants)
CTM Parcel #1000- 69-4--8.2
X
RECEIVED
~OARD OF AppEALS
AFFIDAVIT
OF
MAILINGS
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
I, KATHRYN G. JACOBS
residing at
405 ARSHAMOMAQUE AVE.
SOUTHOLD
, New York, being duly sworn, depose and say that:
On the 28t~hday of SEPTEMBER , 2009, I personally mailed at the
Uni(ed States Post Office in SO[?'~n'r.n , New York, by CERTIFIED
MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal
Notice in prepaid envelopes addressed to current owners shown on the current
assessment roll verified frbm the offidal records on file with the (x) Assessors, or
( ) County Real Property Office , for every
property which abuts and is across a public or private street, or vehicular right-of-
way of record, surrounding the applicant's property.
(Si~ature)
Sworn to before me this
PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers
next to the owner names and addresses for which notices were mailed. Thank
you.
EUGENE L. WESNOFSKE SCTM#
36450 CR 48
PECONIC,NEW YORK 11958
1000-69-4-8.1
Certified Fee
r-'3
D Return Receipt Fee
D ( Endorsement Required )
~ Restricted Delivery Fee
(Endorsement Required)
rU
~ Total Postage & Fees
$ $0.61 0971
$2.~ 07
$ $5.71 09/15/20~)
~/s"n'r° MATTABELLA ~I~SYARD RTr~
~Fr~'~t?/l~'t3 ~T," ................................
~ [orPOaoxNo. 5410 NORTH BAY RD. . .......
I
$0.61
$2.30
~0.00
$ $5.71
09/15/2009
JOHN B. SEPNOSKI JR.
~t-Fe'~ ~-f X,~T;' ......................................................................
[.o.~.r..o..~.ox_~._o:_._~°..s..%..°. ~{.c.~...~2_x___.....?. .................
~CI~,Smte, ZIP+4 PECONIC,NY 11958
"*~ +~1~ l A L U $ E
Po~ge S0.61 0~71
$2.80 07
S2.30 ,/
Total Postage & Fees $5.71 ~)/15/200~
$0.61
O~ql
STANLEY
NY
Postage I$ ~.~
$2.80
Poa~marh
$2,30
so tltM~ ~ i~{um ~ {~·md to ~.
NEIL &SARA CHICHANOWITZ TR
155 HALLS CRE3K DRIVE
MATTITUCK, NEW YORK 1 1952
(Tr~mler ~om ~/Ice lel.~)
0,4~gent
8 dllfm~t from Item 17 I-lyes
if yES, enta~ d~41ve~y addmea below: [:~[ No
[] Registered I-I Return Receipt for Memhandifie
D Insumcl Ma~l [] C.O.D.
4. i~ ~ ~ Fee) [] Yes
7009 0820 0001 7817
PS Form 3811, February 2004 Domestic Return Receipt
· Complete Items 1, 2, a~d 3. Also complete
Item 4 if Restricted Delivery Is desired.
· Print your name and address on the reverse
so thet we can tatum the cord to you.
· Attach this card to the back of the mailpisoe,
or on the front If space permits,
STANLEY SEPNOSKI
POST OFFICE BOX
PECONIC,NEW YORK
120
11958
7654
[]Yes
If YES, enter deflve~ address below: ~ No
2. A~dcle h
(Tmn~e~
PS Form ~, ........... , _
Ii Se~ICe 3ype
I~ Certified Mall [] Expmee Mall
i-I Registered r'l Return Reoelpt for Memhandifie
[] Insured Mall [] C,O.D.
Restr~e~ Dstlvery? {Ex~e Fee) ~-I Yes
· Complete items 1, 2, ahd 3. Also complete
item 4 if Restricted Deliver' is desired.
· Print you[ name and address on the reverse
so tha~we can return the card to you.
· Attach this card to the back of the malipiece,
or on the front if space permits.
1. Article Addn~eed to:
JOHN B.SEPNOSKI JR.
POST OFFICE BOX 120
PECONIC, NEW YORK 11958
If YES, enter dellve~ address below: ]~No
Certifiad Mall
C 3oo
,{
UNITED STATE~,?i lC? ~, '~'? ' '~'"'~, '~*' ' '
· Sender: Please print your name, address, and ZIP;; in i~is 5ox' "
BLANGIARDO & BLANGIARDO ESQS.
POST OFFICE BOX 1169
CUTCHOGUE, NEW YORK 11935
· Complete items 1, 2, and 3. Aisc Complete
item 4 if Restricted DelJvec7 la desired,
· Print your name and address on the reverse
so that we can return the card to you.
· Attach this card to the back of the maJJpJece,
or on the front if space permits,
HR. EUGENE L. ~¢ESNOFSKE
36450 CR 48
PECONIc, NEW YORK 71958
~ Agent
by Name)
Type
4. Restricted Delivery? (Extra Fee) 0 Yes
0820 0001 7817 8361
Domeetlc Return Receipt ~
102595-02.M.1540
ZONING BOARD OF APPEALS
-TOWN OF SOUTHOLD:NEW YORK
In the Matter of the Application of
CHESTER CIAGL0 JR.
(Name of Appli ,cant)
Regarding Posting of Sign upon
Applicant's Land Identified as
'~ 0fi0- 69-4-~. 2
COUNTY OF SUFFOLK)
STATE OF NEW YORK)
-X
BOARD OF APPEALS
AFFIDAVIT·
OF SIGN
POSTING
CHESTER CIAGLO JR. residing at
~ 6300 ROUTE 48
PECONIC , Ne~v York be ng duly sworn, depose arid say that:
On the 15thday of SEPTEMBER , 2009 1 personally placed the
Town's official Poster, with the date of headng an~ nature of my applicat on
· noted thereon, Se'curely upon my property, located ten'(10) feet or clo~er from
the street or dght-0f-way (driveway entrance) - facing the street or facing each
street or right-of-way entrance;* and that
I hereby confirm that the Poster has remairjdCln plac, e.~r seven days
prior to the date of the subject hearing da~,~_g~e was shown to be
·
Sworn to before me this
25th da~
*near the entrance or. driveway entrance of my properly, as the area most visible
to passersby.
(~ v ~l~ Cutchogue, ~11935
Frank ~ B~ngiardo, Sn
Frank ~ B~ngiardo
(631) 734-1111
July
24th,2009
JUL ! 8
ZONING BOARD OF APPEALS
53095 MAIN ROAD,TOWN HALL
BUILDING , 1st Floor
P.O. BOX 1179
SOUTHOLD,NEW YORK 11971
RE: APPLICANT: CHESTER CIAGLO JR. f.~ 7/~O ~,
HEARING DATE: JULY 30th,2009 @ 10:45 AM . ~!~--~p~5~.,~_~
** REQUEST FOR POSTPONMENT**
Dear Board Members, referenced~~
Our office respectfully requests that the above
hearing be postponed so that our office can complete the _~
required mailings. ~
Very truly yours,
FRANK J. BLANGIARDO
cc: CHESTER CIAGLO JR.
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
(631) 765-1809 Fax (631) 765-9064
LEGAL NOTICE
SOUTHOLD TOWN ZONING BOARD OF APPEALS
THURSDAY, JULY 30, 2009
PUBLIC HEARING
Mailing Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter
280 (Zoning), 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~ JULY 30, 2009:
10:45 A.M. CHESTER CIAGLO, JR. #6200. Requests for Variances under Section 280-15B,
based on the Building Inspector's April 14, 2009 amended Notice of Disapproval concerning an
application for a building permit for construction of an accessory structure or building for
personal storage use on this 55,500 square foot parcel, which new construction: (1) is setback
less than the code-required minimum 15 feet from a property line, and (2) contains a building
size greater than the code limitation of 750 square feet. Location of Property: 36980 County
Road 48 (a!k/a Middle Road, or North Road), Southold; CTM 69-4-8.2. Zone District:
Agricultural-Conservation.
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 andprior to the day of the hearing. If you have questions, please do not hesitate to
contact our office at~(631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny. us.
Dated: June 26, 2009.
ZONING BOARD OF APPEALS
GERARD P. GOEHRINGER, CHAIRMAN
BY LINDA KOWALSKI
54375 Main Road (Office Location)
53095 Main Road (Mailing/USPS)
P.O. Box 1179
Southold, NY 11971-0959
ZONING BOARD OF APPEALS
MAILING ADDRESS and PEACE OF HEARINGS: 53095 Main Road, Town Hall Building,
P.O. Box 1179 Southold, NY 11971-0959
(631) 765-1809 Fax 765-9064
LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor
54375 Main Road and Youngs Avenue, Southold
website: htto://southtown.northfork.net .~ 630L)
June 29, 2009 (.O
Re: Town Code Chapter 55 - Public Notices for Thursday, July 30, 2009 Hearing
Dear Sir or Madam:
Please find enclosed a copy of the Legal Notice describing your recent application. The Notice
will be published in the next issue of the Times Review newspaper.
1) Before July 9~h
Please send the enclosed Legal Notice, with both a Cover Letter including your telephone
number and a copy of your Survey or Site Plan (filed with this application) which shows the
new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT
REQUESTED, to ai. JI owners of property (tax map with property numbers enclosed), vacant or
improved, which abuts and any property which is across from any public or private street.
Use the current owner name and addresses shown on the assessment rolls maintained by the
Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County
Center, Riverhead. If you know of another address for a neighbor; you may want to send the
notice to that addr(Css as well. If any letter is returned to you undeliverable, you are requested
to make other attempts to obtain a mailing address or to deliver the letter to the current owner,
to the best of your ability, and to confirm how arrangements were made in either a written
statement, or durinq the headn,q, providing the returned letter to us as soon as possible;
AND not later thari July 10th: Please either mail Or deliver to our office your Affidavit of Mailing
(form enclosed) with parcel numbers, names and addresses noted, and furnish to our office
with the green/white receipts postmarked by the Post Office. When the green s~gnature cards
are returned to you later by the Post Office, please mail or deliver them to us before the
scheduled hearing. If any signature card is not returned, please advise the Board during the
hearing and provide the card (when available). TheSe will be kept in the permanent record as
proof of all Notices.
2) Not Later July 22"d: Please make arrangements to place the enclosed Poster on a
signboard such as ;cardboard, plywood or other material posting it at your property for seven
(7) days (or more) until the hearing is held. Securely place the sign on your property facing
the street, no more than 10 feet from the front property line bordering the street. If you border
more than one street or roadway, an extra sign is available for the additional front yard. Please
deliver or mail your~Affidavit of Postinq for receipt by our office before July 28, 2009.
If you are not able tO meet the deadlines stated in this letter, please contact us promptly. Thank
you for your cooperlation. (PLEASE DISPLAY YOUR HOUSE N UMBER ALWAYS).
Very truly yours,
Zoning Appeals Board and Staff
Encls.
#9372
STATE OF NEW YORK)
) SS:
COUNTY OF SUFFOLK)
Karen Kine of Mattituck, in said county, being duly sworn, says that she is
Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at
Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that
the Notice of which the annexed is a printed copy, has been regularly published in
said Newspaper once each week for I week(s), successively, commencing on the
16th day of July, 2009.
' ~ Principal Clerk
Sworn to before me this ~ day of (~-/-~ 2009 ....
NOTARY PUBliC-STATE OF NEW YORK
No. 01-V06105050
Qualified in Suffolk County
~f $OU~lOId, the following public bear [o~_¢~. in a flont yard as ~ _V?_~ po~;~ adi~lttons and alteratlon~ to*he
Office Location:
Town Annex/First Floor, Capital One Bank
54375 Main Road (at Ynungs Avenue)
Southold, NY 11971
Mailine Address:
53095 Main Road
P.O. Box 1179
Southold, NY 11971-0959
http://southoldtown.northfork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
April 24, 2009
Mr. Thomas Isles, Director
Suffolk County Department of Planning
P.O. Box 6100
Hauppauge, NY 11788-0099
Dear Mr. Isles:
Please find enclosed the following application with related documents for review
pursuant to Article'XIV of the Suffolk County Administrative Code:
ZBA File #6300
Action Requested:
Within 500 feet of:
Owner/Applicant: CIAGLO
Addition/Alterations & size of Accessory Building Variances
(X) State or County Road
(i) Waterway (Bay, Sound, or Estuary)
( ) Boundary of Existing or Proposed County, State, Federal land.
(X) Boundary of Agricultural District
If any other information is needed, please do not hesitate to call us. Thank you.
Very truly yours,
Encls.
Gerard P. Goehringer
ZBA Chairman