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Home My WebLink About35954-ZFORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPAJlTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY NO: Z-34710 Date: 11/24/10 THIS U~KTIFIES that the building ALTER3ITIONS/CONVERSION Location of Property: 30105 MAIN RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) County Tax Map No. 473889 Section 102 Block 2 Lot 16 Subdivision Filed Map NO. __ Lot No. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated SEPTEMBER 8, 2010 pursuant to which Building Permit No. 35954-Z dated OCTOBER 19, 2010 was issued, and conforms to all of the requirements of the applicable provisions of the law. The Occupancy for which this certificate is issued is ALTERATIONS TO EXISTING AGRICULTURAL BUILDING PER ZBA ~6353, DATED 7/13/10, TO A FARM STAND WITH AGRICULTLrRAL STORAGE. The certificate is issued to LEWIS EDSON of the aforesaid building. ( OWNER ) ~oFMOLKCO~FTYDEPARTMENT OF HEALTH APPROVAL RY~t-rKICAL CERTIFICATE NO. pLI~ERS CERTIFICATION DA'r~u N/A N/A N/A ~~nature' ,'~/~ Rev. 1/81 FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. (THIS BUILDING PERMIT PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 35954 Z Date OCTOBER 19, 2010 Permission is hereby granted to: GP~ACE EDSON PO BOX 1526 SOUTHOLD,NY 11971 for : ALTERATIONS TO AN EXISTING AGRICULTURAL BUILDING,AS PER ZBA FILE 6353, TO A FARM STAND AS APPLIED FOR at premises located at County Tax Map No. 473889 Section 102 pursuant to application dated SEPTEMBER Building Inspector to expire on APRIL 30105 MAIN RD CUTCHOGUE Block 0002 Lot NO. 016 8, 2010 and approved by the 19, 2012. Fee $ 150.00 ORIGINAL Rev. 5/8/02 Form No. 6 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL 765-1802 APPLICATION FOR CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter or ink and submitted to the Building Department with the following: A. For new building or new use: 1. Final survey of property with accurate location of all buildings, property lines, streets, and unusual natural or topographic features. 2. Final Approval from Health Dept. of water supply and sewerage-disposal (S-9 form). 3. Approval of electrical installation from Board of Fire Underwriters. 4. Sworn statement from plumber certifying that the solder used in system contains less than 2/10 of 1% lead. 5. Commercial building, industrial building, multiple residences and similar buildings and installations, a certificate of Code Compliance from architect or engineer responsible for the building. 6. Submit Planning Board Approval of completed site plan requirements. B. For existing buildings (prior to April 9, 1957) non-conforming uses, or buildings and "pre-existing" land uses: 1. Accurate survey of property showing all property lines, streets, building and unusual natural or topographic features. 2. A properly completed application and coffseat to inspect signed by the applicant. If a Certificate of Occupancy is denied, the Building Inspector shall state the reasons therefor in writing to the applicant. C. Fees 1. Certificate of Occupancy - New dwelling $50.00, Additions to dwelling $50.00, Alterations to dwelling $50.00, Swimming pool $50.00, Accessory building $50.00, Additions to accessory building $50.00, Businesses $50.00. 2. Certificate of Occupancy on Pre-existing Building - $100.00 3. Copy of Certificate of Occupancy - $.25 4. Updated Certificate of Occupancy- $50.00 5. Temporary Certificate of Occupancy - Residential $15.00, Commercial $15.00 New Construction: Location of Property: Owner or Owners of Property: Suffolk County Tax Map No t 000, Section Old or Pre-existing Building: Mouse No. Street Subdivision PermitNo. S~q~t~ DateofPermit. {b~{C~-tD (check one) Block ~L Lot Filed Map. . Lot: Applicant: ~{~f'~ ~.e~ Health Dept. Approval: Planning Board Approval: Request for: Temporary Certificate Fee Submitted: $ ~'~) ~/~c55~ Underwriters Approval: Final Certificate: ~// (che~c~ one) ~Applica/nt Signature TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net ExaminecL~~, ~ ,20/~'~ Approved ~, /7 ,20 '/~) Disapproved a/c Ext PERMIT NO. BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying'? Board of Health 4 sets of Building Plans Planning Board approval_ Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form AU¢ 2 8 2009 tPPLICATION FOR BUILDING PERMIT ~m6. 0EPT. Y'/) ~ ~ ff~(D Date/, TOWN 0F S0U/~0LD INSTRUCTIONS Contact: Mail to: .d ,2o a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting tile property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. )d?PLICATION IS HEREBY M3d)E to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing co~d regulations, and to admit authorized inspectors on premises and in building for necessary inspections., (Signature o fba/pplicant or name, ifa corporation) (Mailing address of apjflScant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises ./ (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on which proposed work wi J1 be done: House Number ' S{{eet' -i(ta~nlet ' /- County Tax Map No. 1000 Section /O ~-"~- Block t~ ~ Subdivision Filed Map No. Lot State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupanc~_~.'~,~_/.~/ b Intended use · and occupancy ,_~ 3. Nature of work (check which applicable): New Building Addition Repair Removal Demolition Other Work Estimated Cost _~ t:9 (') Fee If dwelling, number of dwelling units If garage, number of cars Alteration/,~Z/ (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. Dimensions of existing structures, if any: Front /~ dp Rear ~,z"dp Dgpth Height r~O~' / Number of Stories / /~/z¢,...'- ' /' Dimensions of same structure with alterations or additions: Front Depth Height. Number of Stories Rear ~ "Depth Dimensions of entire new construction: Front Height Number of Stories 9. Size oflot: Front //fi" / Rear tS'"~' ? / Depth C:~/ ~r,3'" 10. DateofPurchase /~.J'~ NameofFormerOwner ~-~/_~ ~/ ~,"" ,z~,?.,~,.~':''L/ 11. Zone or use district in which premises are situated ff'~' O~2d9 l 2. Does proposed construction violate any zoning law, ordinance or regulation? YES NO ~ 13. Will lot be re-graded? YES. NO __"/'Will excess fill be removed from premises? YES NO 14. Names of Owner of premises? d~_?,//2_~- fi~ff'(yjllddress .'~,~_.~"*¢] Phone No. /~d/~fi/~'Q,-~-?7 Name of Architect ~ Address Phone No Name of Contractor ...------ Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet eta tidal wetland? * YES NO ~ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. NO 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · 1F YES, PROVIDE A COPY. NO STATE OF NEW YORK) SS: COUNTY OF ) / (::r-F-,'v'?-J Z, ff__~"-,~~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn tofloefbre me this ('~ ,:~ ~ dayof '~,xl;/~' 20Oq ' Nota~Y~ol)Iic, State of New York Notary Public 0. 01106190696 Qualified n Suffolk County Commission Exoire~ ~ S'~gnat ~re o f Appiic ant~--~. FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date: September 21, 2009 To: Lewis Edson P.O. Box 939 Cutchogue, NY 11935 Please take notice that your application dated August 28, 2009: For a permit for a Farm Stand at: Location of property: 30105 Route 25 Cutchogue, NY County Tax Map No. 1000 Section 102 Block 2_ Lot 1~6 Is returned herewith and disapproved on the following grounds: The proposed use of the existing building as a farm stand is not permitted per Chapter 72~ Art. 1~ Section 72-4, definitions. Also pursuant to Art. 1, section 72-6(C), requires site plan review. The proposed use does not meet the definition of a farm stand. Authorized Signature Note to Applicant: Any change or deviation to the above referenced application may require further review by the Southold Town Building Department. Cc: file, ZBA, planning BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMIb MEETING OF JULY 13, 2010 BLDG. DEPI. ~TION TOWN OF SO~JTHOLD ZBA FILE: 6353 NAME OF APPLICANT: Lewis Edson PROPERTY LOCATION: 30105 Route 25, Cutchogue, NY SCTM#1000-102-2-16 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the properly under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated December 21, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The property is a conforming 25.5 acres parcel located in a split zone, R-40 and R-80. It is improved with a two-story dwelling and a large metal building containing 7,824 sq. ft. as indicated on the survey of John T. Metzger dated November 12, 2009 (last revised November 18, 2009), entitled "Plan Showing Building Layout of Santas Xmas Farm", with 118.11 feet of frontage on Main Rd. (S.R 25). BASIS OF APPLICATION: Request for an interpretation of Chapter 72, Art. l, Section 72-4, based on an application for building permit to operate a farm stand in an existing building, and the Building Inspector's September 21, 2009 Notice of Disapproval stating the proposed use does not meet the definition of a farm stand, at 30105 Route 25, Cutchogue, NY. CTM#: 102-2-16. RELIEF REQUESTED: The applicant requests to operate a farm stand in its existing location. The applicant proposes to alter his existing building to conform to the Town Code definition of a farm stand. BACKGROUND AND ADDITIONAL INFORMATION: The Applicant acknowledged that he had been operating the sales portion of "Santa's Christmas Tree Farm" in the entire 7,824 sq. ft. metal building since the 1980s. This operation has been the subject of an enforcement action commenced by the Town against the Applicant entitled "Town of Southold v. The Estate of Grace R. Edson and Lewis Edson a/k/a Lefferts P. Edson," Suffolk County Supreme Court Index no. 11814/2007. The relief sought by the Town in this action was a permanent injunction that would restrain the Applicant and his agents from using and occupying the 7,824 sq. ft. accessory agricultural building that is the subject of this application for retail use. On January 19, 2010, the ZBA was provided a copy of the final determination of the Supreme Court Suffolk County (Hon. Paul J. Baisley, Jr., J.S.C.), dated August 6, 2009, which stated the following: Page 2- June 13, 2010 ZBA File#6353 - Lewis Edson CTM: 1000-102-2-16 The affidavil of Mr. Lark thus establishes that prior to the 1990 expansion, defendants' retail operations - although concededly including the sale of a limited number of manufactured items not "grown on the premises" - were relatively modest, and that the principal use of the building was for the seasonal sale and display of Christmas trees, evergreen wreaths, and roping grown on the premises, it is undisputed that the present retail operation is vastly expanded, and that the sale of items not grown on the premises now predominates. Indeed, Mr. Lark's description of "several rows of tables" displaying Christmas related items must be contrasted with defendants own description of the current use of the "accessory nursery building," as reflected by defendants webpage. That document begins, "when you walk into our store you will say "WOW, "an assessment with which, upon perusing the contents, the Court wholeheartedly agrees. Defendants' webpage boasts that defendants' "retail sphce measures' almost 10,000 square feet making us one of the largest Christmas stores in the northeast" and reports that defendant is "a Dept. 56 retailer of Snow Village, Dickens, The City, New England, the North Pole and Snow Babies. Other lines that we carry include, Yankee Candle, Fontanini, Old World Christmas, Lenox just to name a few. We carry all tree trimmings, gift wrap, cards and many specialty items. We have a large selection of personalized items and have a local artist on premise to personalize any ornament you choose. Also we make our own fresh wreaths decorated on premises. If you visit after Thanksgiving we have Santa here on the weekends." There is no logical process whereby the above-enumerated list can be considered to constitute usual and customary accessories to an agricultural operation. In light of this Court decision, the Applicant is before the ZBA to legalize this use and has argued that he is scaling back his operation that was the subject of the Supreme Court action to comply with Chapter 72 of the Town Code. During the hearing, the applicant was asked to provide written documentation regarding a break down of the percentages of the sales at the farm stand. On March 16, 2010 the Board received "An Addendum to the Lewis Edson Farm Stand Application" that purportedly provided the requested information. In a memorandum dated March 8, 2010 from the Chairperson of the Town of Southold Planning Board, they commented that the application does not meet the requirements pursuant to Southold Town Code Section 72-4 (definitions) and 72-7 (farm stand offerings), as well as suggesting that the proposal required a use variance. At the Public Hearing on June 30, 2010 the Board requested comments from the Agricultural Advisory Committee, In a response dated June 14, 2010, the AAC concluded that the applicant does meet all the requirements under Chapter 72 and is a bona fide farm stand, provided that the applicant install a permanent partition prior to applying for a farm permit to reduce the floor area to 3,000 sq. ft. or less. A letter from Kevin E. Matthie of the Department of Transportation dated Sept 11, 2010 to Mr. Edson, confirmed that the existing curb cut and apron to the subject property conforms to NYSDOT specifications. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application March 25, 2010 and June 30, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: Page 3 - June 13, 2010 ZBA File#6353 - Lewis Edson Based upon the Notice of Disapproval calling into question whether the proposed use of this building is a farm stand, it is clear that there are two distinct issues before the Board, namely: 1. Whether the applicant's proposed retail sales operation is outside the scope of retail sales associated with agriculture, and thus requires a use variance as opposed to a farm stand permit; and 2. Ifa use variance is not required, whether the proposed retail sales operation qualifies as a farm stand under Chapter 72 of the Town Code. 1. The applicant will not be required to obtain a use variance: While a retail operation that is accessory to agriculture can be considered a farm stand, there is a threshold, whereby the accessory use is transformed into the principal use and removes a sales operation from an "accessory to agriculture" and becomes a full scale retail sales operation that is not accessory to agriculture. This threshold is particularly important when considering a Christmas tree farm, which, as acknowledged by the Applicant, retains most of its farm-grown product in the field and does not maintain a sales floor for Christmas trees within a sales building. The applicant testified that with respect to the Christmas tree sales, the only use needed for the retail sales building was for payment of the trees purchased. It is clear that Chapter 72 of the Town Code includes Christmas tree farms as an agricultural operation that is permitted to have a farm stand. However, based upon the text of Chapter 72 and the minutes of the Town Board public hearing of July 1, 2008 where Chapter 72 was considered, Chapter 72 was tailored to traditional farm stands (sale of vegetables and fruit), as opposed to a farm stand associated with a Christmas tree farm where crops are primarily located in the field and not sold in a retail sales area. This threshold was discussed in the August 6, 2010 determination of the Supreme Court. The Town and this Board are bound by this determination, which has set the standard for when a retail sales operation goes beyond that of accessory to agriculture with respect to Christmas tree farm operations. As such, the operation as it previously existed would have required a use variance. The more complicated issue is whether simply decreasing the square footage of the operation, while offering all the same attractions and products continues to qualify this operation as a full scale retail operation. From the language of the court determination, it is clear that offering the same attractions and products, even in a smaller space, would require a use variance. From the testimony at the both hearings and the written materials submitted by the applicant including statements that the proposed modified operation will be limited to selling ornaments, tree stands, bells, wreaths and other items traditionally associated with Christmas trees and wreaths made with said trees in compliance with the proportions set forth in Chapter 72. Provided that the Applicant operates within the limitations in Chapter 72, this Board concludes that the applicant will not require a use variance. 2. The proposed modified use of the buildings meets the definition of a farm stand under Chapter 72 · of the Town Code. The applicant is proposing to partition the existing 7,824 sq. ft. agricultural building into two sections: one containing 2,998 sq. ft. to be utilized for a farm stand and the remainder to be utilized for farm storage and equipment handling. This proposal has been issued a notice of disapproval because, among other things, the entire building is 7,824 sq. ft., far above the code dictated 3,000 sq. ft. maximum floor area permitted for farm stands. The Zoning Board of Appeals finds that the definition of a farm stand includes a portion of building and that said portion of a building can be up to 3,000 sq. ft. without requiring a variance from this Board for the reasons set forth below. Chapter 72 Article 1 Section 72-4 contains certain definitions pertaining to farm stands as follows: FARM STAND Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural products grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture-related products and incidental Pa~e 4 -June 13, 2010 ZBA Fi1¢#6353 - Lewis Edson CTM: 1000-102-2-16 accessory items. For the purposes of this chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either: not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of $10,000 or more or land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of $50,000 or more. RETAIL SALES AREA Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. Regarding these definitions, the Board flnd~ that the applicant is a recognized agricultural production operation which exceeds 7 acres in size and yields more than $10,000 of revenue per annum over two consecutive years. The Applicant testified that his farm had approximately 22,000 lrees under various stages of growth on the farm and that the annual sales of Christmas trees in any season is approximately 1500 to 2000 trees. In a letter submitted by the applicant on October 20, 2009, the applicant stated that he had approximately $110,000 in tree sales for the 2009 holiday season. Additionally, given the definition of"Retail Sales Area" and representations made by Applicant, the entire farm stand including the retail sales area and the storage of all incidental accessory items that are sold at the farm stand must be contained within the 2,998 sq. fi. section of the building,t Additionally, §72-8 sets forth the maximmn size of a farm stand structure (s) as 3,000 sq. ft. The applicant currently has a building with a total of approximately 7824 sq. ft of floor area. The applicant proposes to setoff a portion (2,998 square foot area) of this building by installing a wall with a small door to define farm stand operation. With respect to the setting off of a portion of the building, the Board has testimony from the Agricultural Advisory Committee stating that doing so in this fashion is in keeping with original intent of Chapter 72. Furthermore, the applicant has agreed to maintain 20 - 25% of the space within the farm stand as space utilized for the making and decoration of, as well as sale of wreaths created from trees grown on site. As such, the proposed farm stand complies with maximum size of a farm stand structure. Finally, the applicant also testified with respect to the intended compliance with §72-7 of the code, entitled farm stand offerings. In the applicant's September 9, 2009 letter to Board, the applicant stated the following: 1. 60% of the gross revenue generated is anticipated to be from trees grown on the farm; 2. 20% of the gross revenue generated is anticipated to be from wreaths; and 3. 20% of the gross revenue generated is anticipated to be from ornaments and similar non-agricultural incidental products. So long as the proposed farm stand operates within the above referenced parameters it will meet the definition of a farm stand as set forth in Chapter 72 and is entitled to the issuance of a farm stand permit from the building department. RESOLUTION OF THE BOARD: In considering all of the above, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried, finding that the proposed 2,998 sq. ft. portion of the agricultural structure shown on the survey by John Metzger, Peconic Surveyors, PC dated November 12, 2009 ~ While not at issue in this determination, it is noted that the Agricultural Advisory Commission opined that the code sets a maximum only for the "retail sales area" of a farm stand at 3,000 sq. ft. and indicated that the remaining portion of the building in this instance can be used to store incidental accessory items that are not a product &the farm. This board disagrees with this interpretation. If the Town Board intended to set a maximum size limitation of the retail sales area at 3,000 sq. ft., it would have specified such within §72-8. Instead, §72-8 refers to the maximum size of the farm stand structure(s), which includes the retail sales area and storage areas. In this instance, the remaining portion of the building that is not part of the farm stand can only be used for storage of equipment and other on-farm produced agricultural products, but not for the storage of incidental accessory items that are not produced on the farm. page 5 - June 13, 2010 ZBA File#6353 - Lewis Edson CTM: 1000-102-2-16 and labeled Plan Showing Building Layout. as presented to the Zoning Board of Appeals meets the definition of farm stand and the Building Department is permitted to issue a farm stand permit to same upon the satisfaction of the representations by the applicant at the public hearing as follows: 1. Applicant shall obtain a building permit to construct the proposed permanent partition, thus reducing the retail sales area to 2,998 square feet, prior to obtaining a farm stand permit. 2. Applicant shall clearly indicate with proper signage and security that the 4,826 sq. ft. area beyond the farm stand is for employees only and not accessible to the general public; 3. No retail sales, nor storage of incidental accessory items that are not produced on the farm may be stored within the 4,826 sq. ft. area of the building beyond the farm stand; 4. Based upon the testimony of the applicant, the Farm Stand shall operate on a seasonal basis, as from Labor Day through March 31. 5. Applicant shall continue to operate as a recognized agricultural production operation as per code while the farm stand is in existence Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Schneider. (Absent were: Members Horning and Dinizio) This Resolution was duly adopted (3-0). Leslie Kanes Weisman, ~hairperson Approved for filing ~7/t/~/2010 Santa's Christmas Tree Farm 30105MaitlRo~dP06939CutchogueNY 11935 631-734-7627 631-734..6339fi~x LewisEdson owner SEP 9 2009 BLDG. DEPT. TOWN OF SOUI'HOLD ~ta's Christmas Tree Farm 30105 Main Road Pob 930 Cutchogu¢ NY 11935 Santa's Christmas Tree Farm P.O. Box 939 Cutchogue, NY 11935 No. 01VA$186177 ~uali'lied in Suffolk Town ltall Annex 51't75 Main Road P.O. Box 1179 Telephone (63 I) 763-1802 Fax (Ii31 ) 763-9502 BI III,DING I)I:~PARTMI.2NT TOWN OF $OUTItOLD Lewis Edson Santa's Christmas Tree Farm PO Box 939 Cutchogue, NY 11935 October 28, 2010 Re: Santa's Christmas Tree Farm SCTM# 1000-102.-2-16 Cease and Desist Notice: Ongoing Violations To Whom It May Concern: Based on an investigation by my office and a recent inspection related to building permit #35954Z, you are hereby ordered to immediately cease all activity at the above referenced location. As you are aware, you currently do not have a valid certificate of occupancy for the building referred to in building permit #35954Z and the recent inspection shows that you are not in compliance with Zoning Board of Appeals variance #6353. However, you are currently operating a retail business from the above referenced location. Therefore, you are hereby ordered to cease all related activities on this property until you have a valid certificate of occupancy and meet all of the requirements of your Zoning Board of Appeals variance. Should y_o~ legal action will be taken against you. Resp~ /'~"~"~ "/ ~ Santa's Christmas Tree Farm P.O. Box 939 Cutchogue, NY 11935 Santa's Christmas Tree Farm P.O. Box 939 Cutchogue, NY 11935 Christmas Tree Farm RO. Box 939 Cutchogue, NY 11935 NYSDOT TRANSPORTATION MAINTENANCE RESIDENCY 03 1900 COUNTY ROAD 58 RIVERHEAD, NY 11901 te1(631 )727-1731 fax(631)727-6645 MEMORANDUM DEPARTMENT OF TRANSPORTATION TO: FROM: SUBJECT: DATE: Lou Edson - Santa's Christmas Tree Farm 30105 Main Road Cutchogue, NY 11935 Kevin E. Matthaei - NYSDOT Permit Engineer Your September 4th letter regarding curb cut at NYSDOT ROW September 11,2009 Dear Mr. Edson, This letter is in response to your September 4th 2009 letter to me regarding the road opening in front of your business at 30105 main Road in Cutchogue. The Town of Southold has asked you, as a matter of desired protocol, to involve the State in any proceedings/actions within the State ROW. Upon field review of your property and apparent usage, it has been determined that you will not need to take any action at your current curb cut within the State ROW. The State recently had a roadway construction contract through that area that replaced your old apron with a new apron made to current NYSDOT specifications. Thank you for your patience with this matter. If there are any further questions regarding this matter, please feel free to call me at (631) 727-1731. Kevin E. Matthaei Permit Engineer Eastern Suffolk Residency 03 Suffolk East 1900 Rte. 58, Riverhead, NY 11901 516 727-1731 FAX 516 727-6645 102.-2-16 Gmce Edson C/O Lewis Edson PO Box 939 Cutchogue, NY 11935 NYS BOARD OF REAL PROPERTY SE] AGRICULTURAL ASSESSMENT RENEWAL Tax map number; ~ -- Telephone numbers: Day Number ( ).. Evening Number ( ) E-Mall address (optional) · Please renew my application for an agricultural assessment for thc parcel identified below for 20 0 C~ . The last RP-305 (LONG FORM) application for an agri6ultural assessment for this parcel was filed in 20 _Q~... NOTE: The assessor may ask for substantiation of any requirements for an agrtcultural assessment mcluding submission off erin RP-$05. 1. Parcel Status: Yes No a) [] ~s there been a change in ownership of this parcel since the last form RP-305 was filede b) [] [~'/Has thc applicant rented any land, other than that specified on the last filed RP-305 form, which was used in conjunction with this parcel for production ofagrlcultural products for sale? c) [] [~Itas the applicant rented this parcel or a portion thereof to a person not speeific'd on thc last filed form RP-3057 d) [] '[_t'~/Hasthetotalacreageofthisparcelchanged? e) [] the an~ount of acreage ased for the production for sale of agricultural prcducts, for the suppert of a commercial horse boarding operation, for support land, or for farm woodland, or the amount of acreage participating in a federal conservation program, changed since the last form RP-305 was filed? 0 [] [~/Does the parcel include a newly planted or replanted orchard or vineyard o~ land under a structure in hich crops, hvastock or hvestoek products have been produced during the past two years? g) [] ffIs the parcel owned or rented b~ a newly established farm operation and used solely in the farm's first or Z nd year for planting a new orchard, vineyard or Christmas trees? h) [] I_~ Hasthercbecnachan~einthcclassificationofsoflsonthisparcel? If the answer to any ofthase questions is YES, STOP! You must complete form RP-305 (LONG FORM) to apply for an agricultural assessment. 2. Parcelis located within an established Agricultural District. ~/Yes [] No -1- FOR INTERNAL USE ONLY ,SITE PLAN USE DETERMINATION Initial Determination Date: 'Project Name: L(7_..bo DateSent: ? / /~Y/ Project Address: Suffolk County Tax Map Nc.:1000, lb ~ _ c~ - I ~ Zoning Distdct:~pl,~' ~'~/~?~ ,..../ (Note: Copy of Building Permit Application and supporting documentation as to proposed use or uses should be submitted.) Initial Determination as to v~. ether use is permitted: ~-~--~.(-t~ .Initial Determination as ,,/~-~ {~u2.~, l_ho~ ~ tAwh. etber site plan isrequ}red: Signature of Building Inspector Planning Department (P.D.) Referral: P.D. Date Received: C~ / ~__/ /~4:~ Date of Comment: ~' /~__.~/ / TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET ..~ C)l O-.~ VILLAGE DIST SUB. LOT E ~d~O~ S W I ~PE OF BUIEDING~ RES. j Z ~ S~S. VL. ~ G~. CB,' MICS. Mkt. Value *GE BUILDING CONDITION ~%__ ~*,F~: ~' _ _ COLOR Foundation TRIM 1FireType Place Roof lRecreation Room JDormer Rooms 1st Floor BR. Patio Rooms 2nd Floor FIN. B Drlvewoy ! DR. Walls Heat Bath ~/~ ~inette Floors / ,~ ~/.c~ ' Interior Finish .. ?~ · c 7' ~ o~/~ !LR. POLAROID®J60646[A STORA, 6E ~_ 130.0' .~. TOTAL RE~AIL SALES = 299,~ 40'6' RETAIL SALES ~.373 sq. lh sq. fl. 4d,,353 RECEIVED BOARD OF APPEALS PLAN SHOWING BUILDING LA YOUT OF SANTAS XMAS FARM A T CUTCHOGUE, N. ¥, I000-10,2-0,2-16 Scole~ I' = ,20' Nov. 1,2, ,2009 f6311 765 - 5021~,LI~I)~i~'~,T'~',;I~,~ - 1797 P. O. BOX 909 ~ 1230 TRAVELER STREET SOUTHOLD, N, ¥. 11971 ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE APPROVED AB NOTED . CODES OF NEW YORK STATE. : NOTIFY BUILDING OEP~NT AT [65-1802 8 ~ TO 4 ~ FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION - T~NO REQUIRED FOR POURED CONCRETE 2. ROUGH - FRAMING, PLUMBING, STRAPPING. ELECTRICAL & CAULKING 3 INSULATION 4, FINAL-CONSTRUCTION&ELECTRICAL MUST SE COMPLETE FOR C,O, ALL CONSTRUCTION ~HALL MEET THE REQUIREMENTS OF THE CODES OF NEW YORK STATE. NOT RE&~ONSIBLE FON DESIGN OR CONSTRUCTION ERRORS. OCCUPANCY OR USE IS UNLAWFUL WITHOUT CERTIFICATE OF OCCUPANCY NOV 5 2010 ~ GARRETT A. STRANG ~ · architect ,~ 1230 Tra~er S~et, P.O.Box 141~ ~~ Sou~old. N~ York 11971 ~~ 015244 ~ ph. 631- 765- 5455, ~.631-765- 5490 a~qu~ne~net