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Home My WebLink About6388181 Sound Ave. 120 i~_ 3 · Fred Jens 4&5 ~31315/19/83~ varig'nee to amend-violatio~ of excessivesales inA-Zone 6/7~85 Pending filed' (83) BOARD MEMBERS Leslie Kanes Weisman, Chainperson James Dinizio, Jn Gerard R 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 RECEIVED Tel. (631) 765-1809 · Fax (631) 765-9064 DELIB TIONS AND DETE INATION . FINDINGS, MEETING OF MAY 18,2011 Southold Town Clerk o' -- ZBA FILE: 6388 NAME OF APPLICANT: Regina's Garden LLC (Edward and Monica Harbes) PROPERTY LOCATION: 1150 Sound Ave., Mattituck, NY SCTM#1000-120-03-05 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. 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 April 29, 2010 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: Subject property is 1.0340 acres and improved with a two story framed house, one story framed building and several greenhouses. It has 200.00 feet of frontage on Sound Avenue, 229.76 feet along the east property line, 300.00 feet along the south property line and 245.08 feet on the west property line as shown on the survey prepared by Young & Young dated August 3, 2005. BASIS OF APPLICATION: Request for Variance from Code Sections 280-13 and 280-14, based on an application for building permit to operate a farm office in a non conforming building, and the Building Inspector's March 10, 2010, Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted and exceeds the code permitted number of uses per the Bulk schedule. RELIEF REQUESTED: The applicant requests relief from the Notice of Disapproval dated March 3, 2010 that indicates that this proposed second use of the existing nonconforming agriculture structure as a farm office is not permitted pursuant to the Code, as the Code requires 80,000 square feet per permitted use in this AC Zone. The subject parcel is 45,041 square feet and presently has an established residential use. Therefore the subject parcel has a lot area deficit of 34,959 square feet for one use and a lot area deficit of 114,959 square feet for two uses (residential and agricultural). ADDITIONAL INFORMATION: The subject parcel has a two story frame dwelling as a residential use presently occupied by an employee of the Harbes agricultural business. The subject parcel also has multiple existing agricultural structures including the subject existing agricultural structure. The parcel existed in the past with two uses, residential and agricultural prior to the transfer of the property to the applicant in 2006. The subject parcel Page 2 - May 18, 2011 ZBA File#6388 - Regina's Garden CTM: 1000-120-3-5 adjoins a 13.9 acre parcel which the applicant leases, from a family member, for his agriculture business. The applicant submitted an affidavit confirming this arrangement dated March 4, 2011. The applicant also owns other agricultural properties across the street from the subject parcel where he also performs his agriculture business. The applicant proposes to use the subject agricultural structure as a farm office to support his local agricultural business, which includes the 13.9 acres adjacent to the subject property. The applicant has produced and will annex to the subject parcel covenants and restrictions, approved by the ZBA, that will restrict the use of the subject parcel and its structures to the applicant's continued use of the adjacent 13.9 acres for agriculture. The Planning Board, in a Memorandum dated May 3, 2010, replied to the ZBA's request for comments on the subject application. The Planning Board stated that it "has no objection to the requested variance relief requested on the basis the building is existing, not changing in size and appropriate for the overall use of the site and building." The proposed farm office use requires site plan review by the Planning Board. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application July 29, 2010, September 23, 2010, December 2, 2010 and February 3,2011 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 tree and relevant and makes the following findings: 1. Town Law §267-b(3)(b~(D. Granting of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There are no proposed additions or alterations to the existing and pre-existing structures on the subject parcel that may produce an undesirable change in the character of the neighborhood. The proposed farm office is tied into the adjacent farm operation and would be in keeping with the nature and character of the neighborhood. 2. Town Law §267-b{3){b){2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant does not own the adjoining 13.9 acre parcel to the south, which ownership would allow the applicant to merge these parcels and subsequently then acquiring the Code required square footage to support an additional permitted use. The applicant also does not have another structure as suitable in size and having such a convenient, easily accessible and central location for a farm office. 3. Town Law §267-b(3}(b}(3). The variance granted herein is substantial with respect to the present Code, however structures on this subject parcel have existed for 40 years and the parcel and uses thereon originally conformed to the Zoning requirements. The office is not open to the public. 4. Town Law §267-b(3){b}{4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The use of the agricultural structure as a farm office is minimal and supports a use that has not adversely impacted the neighborhood. The proposed farm office is tied into the adjacent farm operation. 5. Town Law §267-b(3){b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an agricultural use of a farm office in an existing structure on a nonconforming parcel while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. Page 3 - May 18, 2011 ZBA File#6388 - Regina's Garden CTM: 1000-120-3-5 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried, to GRANT~ the variance as applied for, and shown on the plans dated stamped April 2, 2010 received by the Zoning Board of Appeals labeled Harbes Farm South - Elevations and Harbes Farm South - Interior Plan 1 story frame building. Conditions: 1. The relief granted is contingent to the proper recording of the Covenants and Restrictions approved by the ZBA. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued 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 Deparanent 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 am 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 I~eisman (Chairperson), Homing, Goehringer, Dinizio, Schneider. Th~tion was duly adop~d (5 -O). Leslie Kanes Weisman, Chairperson Approved for filing ~/3 ? /2011 E ~OARD OF APPEALS, !: RE¥1EWED BY ZBAZRa / ELEVATION NO~TH ELEVATION 39.9' 15.9' 47.9' 32' NORTH r ~ALE: I/4" = 1'6' (1:4~) N ~,OUN~ AVt=NUE no~ or form(~rl~J Young 3c Young 400 Os~ra~der Avenue, Ri. verheo~d, Ne~ York 631-727-2303 It601 APR 2 ~OA~o O~pp~4L$ NOTE TOTAL A~,~A = I.~"/"/~ TAX LOT ,4 A~.~A = O.B45~ TAX LOT ~ At ~ound Avenue, Tomn of ~outholci ~u~foik Count4, Nero York. Address: Bc~× ~547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRI FFING AVENUE RIVERHEAD, NEW YORK July 21, 2011 REC~/ED 13OARD OF APPEALS TEk: (631) FAX: (631) ~-¢~) I-mail: charles.ct~ddy~ verizon.net Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 Attn: Vicki Toth Re: Edward Harbes and Regina's Garden, LLC SCTM#1000-120-3-5 Dear Ms. Toth: Enclosed is a certified copy of the Declaration of Covenants of Regina's Garden, LLC (Harbes} as recorded with the Suffolk County clerk on July 19, 2001. Please make it part of the Zoning Board file. Very truly yours, Charles R. Cuddy~~ CRC/ik Enc. COUNTY CLERK'S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C11-26540 RECEZVED JUl_ 2 5 2011 I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in myoffice on07/19/2011 under Liber D00012665 and Page 915 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 07/19/2011 SUFFOLK COUNTY CLERK JUDITH A. PASCALE SEAL ~,EC, EIVED ~,oARD O~: APPEALS SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Number of Pages: 4 Receipt Number : 11-0080494 District: 1000 Recorded: At: 07/19/2011 03:51:15 PM Page/Filing COE TP-584 Cert. Copies LIBER: D00012665 PAGE: 915 Section: Block: Lot: 120.00 03.00 005.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt $20.00 NO Handling $20.00 NO $5.00 NO NYS SRCHG $15.00 NO $0.00 NO Notation $0.00 NO $5.00 NO RPT $30.00 NO Fees Paid $95.00 THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk C~unty Number of pages This document witl be public record. Please remove alt Social Security Numbers prior to recording. 31 Deed / Mortgage Instrument Deed / Mortgage Tax Stamp Recording / Filing Stamps FEES Page / Filing Fee Handling 20. 00 TP-584 Notation EA-52 ]7 (County) EA-S217 (State) R.P.T.S.A. Comm. of Ed. ~. O0 Affidavit Certified Copy NYS Surcharge 15. 00 Other 4 ] Dist. Real Propel Tax Service Agency Verificatio~ 8 Sub Total Sub Total Grand Total 1000 12000 0300 005000 O0 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Charles R. Cuddy, Esq. PO Box 1547 Riverhead, NY 11901 Mail to: Judith A. Pascale, Suffolk County Clerk 310 Center Drive, Riverhead, NY 11901 www.suffolkcou ntyny.gov/clerk Mortgage Amt. 1. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town __ Dual County __ Held for Appointment Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __ of this instrument. $ Community Preservation Fund Consideration Amount $ CPF Tax Due $ Improved Vacant Land TD TD TD 7C7o~.lName Title Company Information I Title # Suffolk County Recording & Endorsement Page This page forms part of the attached by: Regina's Garden, LLC Declaration of Covenants (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made TO In theTOWN of Southold ]'own of Southold In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) ~,ECEIVED DECLARATION OF COVENANTS BOARD OF APPEA[~ THIS DECLARATION made this day of JV~V]/ ,2011, by Regina's Garden LLC, a New York Limited Liability Company with an office~located at 715 Hallock Lane, Mattituck, New York 11952, hereinafter referred to as "DECLARANT": WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property located at Sound Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 120, Block 3, Lot 5 which is more particularly bounded and described as set forth in Schedule "A" annexed hereto, hereinafter referred to as the Premises; WHEREAS, for and in consideration of granting approval for two farm related uses on a I. 1 acre lot (the Premises), the Zoning Board of Appeals of the Town of Southold has deemed it to be for the best interests of the Town of Southold, the owners and prospective owners of said lot that the within covenants and restrictions be imposed on said lot, and that said Zoning Board of Appeals has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarant has considered the foregoing and has determined that same will be in the best interests of the Declarant and subsequent owners of said lot; NOW, THEREFORE, THIS DECLARATION WITNESSETH: That the Declarant for the purpose of carrying out the intentions above expressed, does hereby make known, admit, publish, covenant, and agree that the Property shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon all purchasers and holders of said premises, their heirs, executors, legal representatives, distributes, successors and assigns, to wit: The described lot referred to as the Premises, includes two uses which support the adjoining farms, a dwelling and a 1,200 sq.ft, structure attached to greenhouses, which structure is to be restricted to use as a farm office for such purposes as bookkeeping, marketing, personnel, management and managerial meetings, subject to these covenants and restrictions. The farm office shall be used solely as an office to service the surrounding farms land south of Sound Avenue and not as a general office or for any other purpose Page -1- RECEI~/ED which is not related to farming operations on the surrounding tracts of land 3[J~- 2 fi 2011 (SCTM#1000-120-03-11.10; 1000-120-3-11.9; 1000-120-3-11.8; 1000-120-3- BOARD OF APPEA/ 11.11; 1000-120-3-2). In the event the Declarant, its member (principal) or member of the principal's family no longer leases or has an ownership interest in the aforementioned properties, the use of the structure as a farm office shall cease. Concomitantly, the dwelling at the described Premises shall be used as a single family dwelling in connection with the farm use of the surrounding land and shall be occupied by the principal of Declarant, a member of the principal's family or an employee of Regina's Garden, LLC or its principal who is engaged in the farm operation. The farm office and dwelling relative to farming the surrounding land are connected uses and failure of the owner of the Premises to adhere to both uses or those uses otherwise permitted by the Southold Town Code shall be a breach of this Declaration and permit the Town of Southold to employ any enforcement remedy available for a violation of the Southold Town Code Chapter entitled "Zoning." In the event the Premises is sold or transferred to any party not engaged in farming the surrounding tracts of land then the dwelling and the farm office structure at the Premises may be used only in accordance with the applicable provisions of the Southold Town Code. IN WITNESS WHEREOF, the Declarant above named has executed the foregoing Declaration the day and year first above written. Regina's Garden LLC STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) theB, g day of t~i~'d in the year 2011 before me, the On undersigned, personally appeared, ~F0 t~( ~ ~ CvJl~,personally known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual or the person upon behalf of which the individual acted, executed the instrument. Notary Public · Page -2- SCHEDULE A JUL 2 5 201I BOARD OF APPEALS ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being on the southerly side of Sound Avenue, Mattituck, Town of Southold, Suffolk County, New York, bounded and described as follows: BEGINNING at an iron pipe set on the southerly line of Sound Avenue 509 feet more or less westerly along said line from the westerly line of Aldrich Lane and being the northeasterly comer of land now or formerly of Harbes Farm RHD East, LLC; RUNNING THENCE along the southerly line of Sound Avenue the following two courses and distances: 1. North 88 degrees 14 minutes 50 seconds East 19.94 feet to a point; 2. South 89 degrees 53 minutes and 00 seconds East 180.06 feet; THENCE along land now or formerly of Gail Dessimoz and Michael Racz South 21 degrees 33 minutes 20 seconds East 229.76 feet to land now or formerly of May D. Harbes; THENCE along last described land South 85 degrees 17 minutes 50 seconds West 200 feet to a monument at the southeasterly comer of said land now or formerly Harbes Farm RHD East, LLC; THENCE along the last described land North 20 degrees 18 minutes 40 seconds West 245.08 feet to the point or place of BEGINNING. PLANNING BOARD MEMBERS ~, ~ (]hair ~NNETH L. EDW~DS JOSEPH L. TO--SEND DONALD J. ~LCENS~ MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Sou(hold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD ~ECEIVED MEMORANDUM BOARD OF APPEALS To: Leslie Wcisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair Members of the Planning Board Date May 3, 2010 Re: Request for Comments for Edward Harbes for Regina's Garden SCTM# 1000-120-3-5 ZBA# 6388 The Planning Board received your request for comments regarding the above referenced application in connection with a site plan application under the name Edward Harbes for Regina's Garden. The site plan is to convert an existing building formerly used a retail flower shop approximately 1,400 sfto an office in connection to the farm use on just over an acre of property in the AC zoning District. The application has been reviewed for site development and the following comments are for the Zoning Board's consideration: 1. The site has been previously developed having existing farm building located on site. 2. The building subject of this application is approximately 1,400 s.f. and is not changing in size. The use being proposed is for an office as part of the overall agricultural use of the site. 3. The proposed use a farm office is tied into the surrounding farm operation and would be in keeping with the nature and character of the area 4. The proposed farm office is considered a less intense use to that of a retail flower shop. The office is not open to the public having only 2 employees however a conference room is considered. 5. As part of the site plan review, on site parking will need to be reviewed and considered as part of the overall site plan. ZBA# 6388 Page 2 BOARD OF APPEA~_~aY 3, 2010 Based on the above reasons, the Planning Board has no objection to the requested variance relief requested on the basis the building is existing, not changing in size and appropriate for the overall use of the site and building. If you should have any questions or require additional information, please do not hesitate to contact the Planning Office. 2 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS a. ISLES, A.I.C.P DIRECTOR Of PLANNING April 29, 2010 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 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 Numbers Moy, Sim (c/o Shawn Barron) Gonzales, Joseph Abele, John Greene, Andrew Regina's Garden (c/o Edward Harbes) Wren, Maryl Pappas, Jennie #6383 #6384 #6386 #6387 #6388 #6389 #6390 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) 8534044 TOWN OF SOUTHOLD FORM NO. 3 TO: Edward Harbes for Regina's Garden LLC P O Box 1524 Mattituck, NY 11952 NOTICE OF ~PR~VAL DATE: 03/10/10 Please take notice that your application dated February 24, 2010 I~o - 3-~ g II. /o For permit to operate a nonconforming building as a Farm Office at Location of property: 1150 Sound Ave., Mattituck, NY 11952 //o2- County Tax Map No. 1000 - Section 120 Block 3 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed use on this parcel in the AC Zone is not permitted pursuant to Article III, Section 280-13. Also, this proposed second use on this nonconforming parcel in the AC Zone is not permitted pursuant to Article III, Section 280-14, the Bulk Schedule, one use per 80,000 Sq. Ft. is allowed. The property is 1.0340 acres (45,041 sq.ft.). Pursuant to Article XXlV, Section 280-127, Site Plan approval from the Southold Town Planning Board is required. -~~-4~ ~ Authorized Signature CC: file, ZBA Planning Bd. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK blaihngAd~ress: FrO. Box i547 Riverhead, NY 11901 Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 January 20, TEL: (631)369-8200 FAX: (631) 369-9080 2 0 5 1 E-maih charles.cuddyQOver zon net RECEIVED JAN,1 BOARD OF APPEALS Attn: Vicki Toth Edward Harbes and Regina's Garden, LLC SCTM#1000-120-3-5 Dear Ms. Toth: In accordance with discussion at my meeting with Leslie Weisman, Chairperson, Michael Verity and Jenr~ifer Andaloro, I'm enclosing a revised application. This recognizes that the variance requested is an area variance. We ask that you include this application with the area variance reasons as part of the overall application in this file. CRC:ik Enclosure Very truly yours, I Fee: $ Filed No. By: Assignment APPLICATION TO THE SOUTItOLD TOWN BOARD OF APPEALS JAN 1 201il HouseNo. 1150 Street Sound Ave. Hamlet Matt±~d~RD OF APPEALS SCTM 1000 Section l?0Block 3 Lot(s) 5 Lot Size 1.1 Zone AC I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 03 / 10 / 10 BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): Regina' s GArden Mailing Address: PO Box 1524, Mattituck, NY 11952 Telephone: Fax: Email: 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: NameofRepresentative: Charles R. Cuddy for~Owne~Other: Address: /445 Griff±ng Avenue, R±verhead~ NY 11901 Telephone: 369-8200 Fax: 369-9080 Email: charles.cuddy@ver±zon.net Please check to specify who you wish correspondence to be mailed to, froj~Jle above names: [~ApplicantJOwner(s), ~]Authorized Representative, [~ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED and DENIED AN APPLICATION DATED 02/24/10 Building Permit Certificate of Occupancy ( ) Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other: Permit to operate Farm Office FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.} Article: Section: 280-14 Subsection: ~ulk Schedule 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, [] has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: .... ' REASONS FOR APPEAL (additio. al sheets' t~aV be ttsed with preparer's s~gnature): AREA VARL4NCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to aearby properties if granted, because: The existing building has had a use more intense than now proposed; The farm character of the area will remain. (2) The benefit sought by the applicant CANNOT be achieved by some method ~asible hr the applicant to pursue, other than an area variance, because: Applicant does not have another bu±lding as suitable and convenient for a farm office. (3) Theamountofreliefreqaestedisnotsubstantialbecause: The buildings have existed on this same lot for ~0 years; the lot and uses orSginally conformed to zoning requirements. (4) Thevariance will NOThaveanadverscet/ectorimpactonthephysicalorenvironmentalconditions intheneighborhoodordistrictbecause: The use is minimal and continues a use that has not adversely impacted the neighborhood. (5) [las the alleged difficulty been self-created? [~Ycs, or [~No. Are there Covenants and Restrictions concerning this land: ['-]No. [--]Yes (please fur. ish copl'). 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, asd welfare of ~e community. Cheek this box ~ IF ,1 USE IS:IRIANCI? IS BI?lNG REQUESTED, AND PLEASE COMPLETE IJIE A TIll CHED USE }~RIANCE SHEEI? (Pteas'e he sttre to consult your attorney'.) Signature of Appellanl or AuthorNed Agent S*sorn to~efore me /7 · Notary Public CHARLES R. CUDDY Notary PubJJc, State of New York No. 5872225 Qualified in Suffolk County CommisSion Expires December ;31, 20/_~ APPLICATIOn) THE SOUTHOLD TOWN BOARD OAPPEALS F°r Of~:~eUSe Only Assigned/Assignment No. I~BI 2 ~OAED I~F APPEALs Office Notes: __ Filed By:. HouseNo.!l~0Street ~-~0U/~b '~. SCTM 1000 Section ]~BIock '~Lot(s) Hamlet Mi~l-~[~- Lot Size Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED npplicant(s)/Owner(s): ~ 0/~t~~f- ~~'~ NOTE ~nadditi~nt~theab~ve~p~easec~mp~et~app~i~ati~nissignedbyapp~icantsau~rney~agen~architec~bui~der~c~ntrac~ vendee, etc. and name of per~n who agent represents: Name of Representative: __ for (~ Owner, or ( ) Other: Agent's Address: P. 0, ~t I~g'~ M~"'~l~ ~. Telephone .~_. _-. _Faxg:/0JJ'~q~' ]~J'~ Email: Pleas~ check box to specify who you wish correspondence to be mailed to, from the above names: Applicant/Owner(s), or [] Authorized Representative, or [] Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED 2-j7."1/Io andDENIED AN APPLICATION DATED ~ 7.[2.s[t~ FOR: [] Building Permit I~ [] Certificate of Occupancy [] Pre-Certificate of Occupancy {3 Change of Use [] Permit for As-Built Construction ~ #Other: 4'0 o~er~c ~-co~w~; ~,:,~t),'n) as a ~,~ o(¢i¢c Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article 3.LU Section 280- I~ Subsection 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, ~ has not been made at any time with respect to this property~ UNDER Appeal No. Year . (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Zl~ile # REASONS FOR APPEAL {additional sheets may be used with preparer's signature): AREA VARIANCE REASONS: ~OARD OF APPEAL$ (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (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: (3) The amount of relief requested is not substantial because: }.., x,.,.,, (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleg.ed difficulty been self-created? ( )/yes, or {~ )No. , __ Are there Covenants anH Restrictions concerning this land: f No. ~ Yes (olease furnish coov). 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 THE ATTACHED USE VARIANCE SHEET: (Please be s~tre to consult your attorney.)I / ~ Signature of Appellant or Au{horized Agent (Agent must submit written Authorization from Owner) ~otary Public SUSAN PISANO .USL,C- NO. O~STSO4683a ~L~IED IN SUFFOLK C~ ~MI~ION ~IR~ JULY 06/21/2010 0~56 63~765906~ Office Notes'. Page 3 d Appli Asslgne cation No. PAGE EECE~,:D BOARD OF APPEALS Pad B REASONS FOR USE VARIANCE t'#mauested).:. For Each and Every Pemflfled Use under the Zoning Regulations for the Particular Disfdct Where the Project is Located (please consult your attorney before completing): Applicant cannot realize a reasonable return for each and every permitted use under the lz~nlng regulations for the padicular dls,.trict where the property ls located, demonshated by competent financial evidence The applicant CANNOT realize a REASONABLE RETURN bec~aee; /~ '~'"'~""~- ' /'-- -'~'' ~ ' ' ue because' 2. The alleged hardship relating to, the property ~s u, ntq ,,,. ,.~ ~ ,, ~ ,~ ,~ 4, The request wlll nqt alter the 9ssential character, ott, he neighborhood because: character of the neighborhood, and the health, safety an~ w~are of the community. (Plea~ 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and s bstanflal 'usflce will be done because: (Please. explain on a separate sheet If ne,ces?ary.) ._/ ? c°gl ete PAR; A, Questions on pre.vlous page to apply V~R~'ANCE STANDARDS. (Please consu/t your afforney.) Othenv~se, please prpceed to thee ~i.qnature and r~atan' area below. Sworn to befoJe me this <~ 20 C (Agent must subm~/Authonzarion ~Tom uwneq ZBA App 9130/02 (Notary Public) VICKJ TOTH Notary Public, State of New York No. 01T06190696 _ Qpalified in Suffolk County uommtssion ,Sxpims July 28, 2~ Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) ~L~/ . Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: RECEI'VED .~/~.~/i ~) ~BOARD OF APPEALS II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: t~/~q Dimensions of new second floor: Dimensions of floor above second level: Height (from finished ground to top of ridge): 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: ], c 3 ~t at/t s Percentage of coverage of your lot by building area: V. Purpose of New Construction: VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Pl t- Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR Fll JNG WITH YOUR Z.B.A. APPLICATION ~ECEIVED ~OARD OF APPEALS A. Is the subject premises listed on the real estate market for sale? ~ Yes [~lq:o Are there any proposals to change or alter land contours? ]~No [] Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? 2) Are these areas shown on the map submitted with this application? 3) Is the property bulkheaded between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~]v Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? .M* (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 at this time concerning your premises? ye~ If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: H. Authorized Signature and Date Do you or any co-owner also own other land close to this parcel? ~ If yes, please label the proximity of your lands on your map with this application. Please list present use or operations conducted at this parcel Ft c t tJt ,o ~ ~ a I (' ~ v I ~ ~ ~ I/ 1 2/05; 1/07 PROJECT I,D. lqLqv~Slt 617.21 Appendix C State Environmental Quality Review SHORT ENF1RONMENTAL A~$ESSMENT FORM For UNLISTED ACTIONS Only PART I - Project Information (To be complete by Applicant or Project sponsor) 1. Applicant / Sponsor 2. Project Name 3. Project location: Municipality County 4. Precise location (Street address and road intersections, p[ominent landmarks, etc. or provide map) 5. Is proposed action: I( )NEW ( )EXPANSION (~)MODIFICATION/ALTERATION 6. Describe project bdefly: 7. Amount of land affected: Initially: acres; Ultimately: acres /, e3z 'CF 8. Will proposed ac[ion comply with existing or other existing land use resthc0ons:,(/~') YES ( ) NO If No, descdbe bdefly: 9. What is present land use in vicinity of project: (describe): I ( )Residential ( ) thdustdal ( ) Commercial /(~') Agricultural ( ) ParkJForest/Open Space ( ) Other 10. Does action involve a permit approval or funding, now or ultimately from any other Governmental agency,(Federal State or Local) 9 (X') YES ( ) NO if Yes. list agency(s) and permit/approvals: 11. Does any aspect o, the ac,on have a~rrently valid;ermit/)oor approva~ ) YES (~() NO If Yes1 list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? I( ) YES ( ) NO If Yes, list agency(s) and permit/approvals: I certify that the information provided above is true to the best of my kn, owledge Signature: ~ ' - - e ' -, - If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Fo~ before proceeding with this assessment TI~NSACTIONAL DISCLOSURE FO~ APPLICABI~o OWNER, CONTRACT VENDEE ANt~GENT: The Town of Southold's Code of Ethics prohibits conflicts of interest on the "art of~' ...... and employees. The purpose of this form is to provide information, which can alert the T~I~ OF possible conflicts of interest and allow it to take whatever action is necessary to avoid same. (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other 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? "_ ~_ · ,, - Relanonsh~p~L~ludes by _blood, marriage, or business interest '_'Business interest" means a busines ' · .parmersh~p, zr~ which the Town officer or ~-~ ,-~- · . s~_.lnc, ludmg a ,.,am ¢c nas even a partial ownership o~f (or employment by2 a corporation in which the Town officer or employqe owns more than 5% ofth~ share__~_q -- YES NO If yOu answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold: Title or position of that person: Deschbe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her, spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporati6n); _ B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or __ _ D) the actual applicant. DESCRIPTION OF RELATIONSH~ P~nt Na ~ }/~ t:~.Jj~O AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD AECEIVED. ~OARD DF APPEALS WHEN 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 operaiion located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk Connty Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1)NamcofApplicaat: .~10~[0.~ ~[~'~ 4 ,~¢ff'~'4 2) AddressofApplicant: I/.0.~ I~b*Pc.. M}7-'UI-~/P-~ ~¥ [I/~,¢~ , 3) Name of Land Owner (if other than applicant): 4) Address of Land Owner: 5) Description of Proposed Project: 6) Location of Property (road and tax map number): l_~ "¢ _tlc ) j ~)... ~..~.~ 7) Is the parcel within an agricultural district? [] No []Yes If yes, Agricultural District Number 8)Isthisparcelactivelyfarmed?[]No ~lyes C,*ee~-*_~ce ~,.~ ore 9) Name and address of any owner(s/ of land within the agricultural district containing active farm operation(s) located 500 feet of the boundaw 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 numbel:s on the Town of Southold Real Property Tax System. Name and Address 2. D'} ~,. Ii,, /-, ¢': 3. (Please U~e back side of page if more than six property owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 or the Zoning Board o[Appeals at 765-1809. -- Signature of Applicant Date l. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed actifh on their farm operation. Solickation will bo made by supplying a copy of this statement. 2. Comments returned to the local board will be taken into consideration as part of the overall review &this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applic.ant 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 A. INSTRUCTIONS LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfi'ont Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM, 4-- The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. [] Building Dept. ~ Board of Trustees [] Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital [] construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: Nature and extent of action: Location of action: Site acreage: Present land use: Present zoning classification: RECEIVED ~OAR~ O~ A~P~ALS If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: (c) Telephone number: Area Code (). (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No [] If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, · preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria [] Yes [-~ No [] (Not Applicable- please explain) RECETVED APR Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section HI - Policies Pages 6 through 7 for evaluation criteria [] Yes [] No ~ (Not Applicable- please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria [] Yes [] No [] (Not Applicable- please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III - Policies; Pages 22 through 32 for evaluation criteria. [] Yes [] No [] (Not Applicable - please explain) 130ARD OF APPEALS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section IH - Policies Pages 32 through 34 for evaluation criteria. See Section III -Policies Pages; 34 through 38 for evaluation criteria. [~ Yes ~-~ No [] (Not Applicable- please explain) Attach additional sheets'if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 through 38 for evaluation criteria. [~ Yes [] No [~ (Not applicable - please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III - Policies; Pages 38 through 46 for evaluation criteria. [] Yes~ No [] (Not Applicable - please explain) Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III - Policies; Pages 47 through 56 for evaluation criteri~CEIVEI} ~3 fi~ [] Yes [] No [~ (Not Applicable- please explain) '~p~ ~ ~0 t~OARD OF APPEALS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III - Policies; Pages 57 through 62 for evaluation criteria. [~ Yes [] No [] Not Applicable - please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [~ No [] Not Applicable - please explain Attach additional sheets ifnecessa~ Policy 13. Promote appropriate use and development of energy and mineral resources. See L'vVRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [~ Not Applicable - please explain Townof$outhold PC/Codebook for Windows ARTICLE III, Agricultural-Conservation (A-C) District and LOw-Density Residential R-80, R-120, R-209 and R-400 Districts [Last amended 1-10-1989 by L.L. No. 1-1989] § 280-12. Purpose. The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R-80, R-120, R-200 and R400 Districts is to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the ' Town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold% recreation, resort and second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the Town is expending large sums of money to protect existing farm acreage. At the same time, the Town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. § 280-13. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] 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. (1) One-family detached dwellings, not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall 'be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot tine: [Amended 5-23-1989 by L.L. No. 8-1989] (a) The raising of field and garden crops, vineyard and orchard fanning, the maintenance of nurseries and the seasonal sale of products grown on the premises. [Amended 1 Town of Southold PC/Codebook for Windows 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L. No. 8-1997] (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)EN0) on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13-1997 by L.L. No. 8-1997] (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. (4) Wineries which meet the following standards: [Added 11 ~29-1994 by L.L. No. 26-1994] (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; Co) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. B. Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two-family dwellings and the uses set forth in Subsection B(14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line and nearer than 20 feet to any lot line. Co) The total area covered by all principal and accessory buildings shall not exceed 20% Town of Southold PC/Codebook for Windows of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions, health care, continuing care and life facilities, but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: [Amended 12-27-1994 by L.L: No. 30-1994; 11-12-1996 by L.L. No. 20-1996] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) (d) (e) The maximum height shall be 35 feet or 2 1/2 stories. The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. Any health care, continuing care or life care facility shall meet the following standards: [1] All buildings shall be of fire-resistive construction. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the Sanitary Code of the Public Health Council of the State of New York.) Town of Southold PC/Codebook for tgindows [4] Eight thousand square feet of lot area shall be provided for each patient bed. (6) Public utility fights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII, subject to such conditions as the Board of Appeals may impose in order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11-12-1997 by L.L. No. 26-1997] (7) Beach clubs, tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds, beaches, swimming pools, tennis coUrts, recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 12-8-1998 by L.L. No. 26-1998] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) No such use shall occupy a lot with an area of less than three acres. (8) Children's recreation camps organized primarily for seasonal use and subject to hhe following requirements: (a) Co) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet fi.om each other, except tents, which shall be not less than 10 feet apart. The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not less than 3,000 square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises. EN(2) (c) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. (9) Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the 4 Town of Southold PC/Codebook for Windows employer, except by specific.review and approval of the Planning Board. (10) Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than 150 feet to any lot line. (11) Cemeteries. (12) Stables and riding academies. ENO) (13) One accessory apartment in an existing one-family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet of livable floor area. (e) The accessory apartment shall not exceed 40% of the livable floor area of the existing dwelling unit. (f) A minimum of three off-street parking spaces shall be provided. (g) Not more than one accessory apartment shall be permitted on a lot. (la) The accessory apartment shall meet the requirements of a dwelling unit as defined in § 2804 her¢o£ (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, retain the existing exterior appearance of a one-family dwelling. (j) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. (k) The certificate of compliance shall terminate upon the transfer of title by the owner or upon the owner ceasing to occupy one of the dwelling units as the owner's principal residence. In the event of an owner's demise, the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of 5 Town of Southold PC/Codebook for Windows the dwelling or one year from date of said demise, whichever shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993] (1) Ail conversions shall be subject to the inspection of the Building Inspector and renewal of the certificate of occupancy annually. [Amended 5-20-1993 by L.L. No. 6-1993] (m)The building which is converted to permit an accessory aparl:ment shall be in existence and have a valid certificate of occupancy issued prior to January 1, 1984, or proof of occupancy prior to that date. [Amended 5-20-1993 by L.L. No. 6-1993] (n) The existing building, together with the accessory apartment, shall comply with all other requirements of Chapter 280 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of§ 280-13B hereof, no site plan approval by the Planning Board shall be required for the establishment of an accessory apmhnent. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. (q) No bed-and-breakfast facilities, as authorized by § 280-13B(14) hereof, shall be permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L. No. 3-1989] (14) Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3 - 14-1989 by L.L. No. 3 - 1989; 2-7-1995 by L.L. No. 3-1995] (a) A smoke alarm shall be provided on each floor and in every guest room. Co) The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher, but there shall be no exterior signage identifying the use as a bed-and-breakfast in residential areas. (d) No accessory apartment, as authorized by § 280-13B(13) hereof, shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (15) Historical society. [Added 11-12-1996 by L.L. No. 20-1996] (16) Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment, not to exceed a total of three uses per building, provided 6 Town of Southold PC/Codebook for Windows that such building is owned and maintained by a not-for-profit histohc organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L. No. 18-2005] C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-15 herein: (2) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. Home occupation, including home professional office and home business office. 'In permitting these uses, the Town Board recognizes that the residents historically hav~' operated small businesses which provide services to the community from their homes. The Board finds that these businesses have not impacted negatively on the appearance of these residential zones. In the Board's judgment, it finds that in order to maintain the economic viability of the Town, to maintain the rural quality of life and in the interests of the welfare of the residents, these businesses (or home occupations) should be permitted to continue. In setting forth the fullowing subsections, the Board intends to permit as of right certain business uses in residential zones with the understanding that these uses are to be conducted in a manner that will not alter the character of the residential neighborhoods. The Board believes that the following subsections provide sufficient safeguards to accomplish that aim. These uses shall be permitted, provided that: [Amended 4-9~ 1991 by L.L. No. 10-1991; 7-28-1992 by L.L. No. 14-1992] (a) No display of products shall be visible from the street, and no stock-in-trade shall be kept on the premises. (b) Such occupation is incidental to the residential use of the premises and is carded on in the main building by the residents therein with not more than one nonresident assistant for whom off-street parking must be provided on site. (c) Such occupation is carried on in an area not to exceed 25% of the area of all floors of the main building, and in no event shall such use occupy more than 500 square feet of floor area. (d) There shall be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. (e) (0 Studios where dancing or music instruction is offered to groups in excess of five pupils at one time or where concerts or recitals are held are prohibited. In no manner shall the appearance of the building be altered, nor shall the occupation be conducted in a manner that would cause the premises to lose its residential ~ow~ of $om~oM ?O/~o~e~o&~or ~in~ow~ character, including but not limited to the use of colors, materials, construction or lighting. (g) Notwithstanding anything set forth elsewhere in this article, home occupations, home business offices and home professional offices shall in no event be deemed to include animal hospitals, kennels, barbershops, beauty parlom, clinics or hospitals, mortuaries, nursery schools, clubs, auto repair shops, restaurants, tourist homes, rooming houses or boardinghouses and uses similar to those listed above. EN(4) (h) Home occupations, home business office and home professional offices shall not include manufacturing, fabrication or construction of any type on the site. (i) The outdoor storage of equipment necessary for residents connected with aquaculture shall be screened from view and shall conform to the setbacks for accessory structures. (3) Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the following requirements: (a) There shall be docking or mooring facilities for no more than two boats other than those owned and used by the owner of the premises for his personal use. (b) The Town Trustees shall approve new boat docking facilities. (c) Boats at such docking facilities shall not be used for overnight sleeping purposes. (4) Garden house, toolhouse, storage building, playhouse, wading pool, swimming pool or tennis court incidental to the residential use of the premises and not operated for gain, subject to the following requirements: (a) Any swimming pool shall be completeiy enclosed with a permanent chain link (or similar type) fence of not more than two-inch mesh, not less than four feet in height, erected, maintained and provided with a self-closing, self-latching gate to prevent unauthorized use of the pool and to prevent accidents. However, if said pool is located more than four feet above the ground, then a fence is not required, provided that all points of access to said pool are adequately protected by a self-closing, self-latching gate. Any swimming pool in existence at the effective date of the provisions of this subsection shall, within one year from such date, comply with all of the provisions hereof. (b) Individual outdoor tennis court related to residential use on a lot containing a single-family detached dwelling, provided that the same is set back not less than six feet from all lot lines and that there is no lighting for after dark use. 8 Town of Southold PC/Codebook for Windows (5) Private garages; provided, however, that not more than two passenger automobile spaces in such garages may be leased to persons not resident on the premises. (6) Off-street parking spaces accessory to uses on the premises. Not more than four off-street parking spaces shall be permitted within the minimum front yard. (7) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use, subject to § 280-78Q, Supplemental parking regulations,EN(5) and the following requirements: (a) Such boat or trailer shall not exceed 30 feet in length. Co) Such boat or trailer shall be stored only in the required rear yard, and the area occupied thereby, together with the area of all buildings in the rear yard, shall not exceed 40% of the area of the required rear yard. (c) Such boat or trailer shall not be located within 15 feet of any street or lot line. (8) Horses and domestic animals other than household pets, provided that such animals shall not be housed within 40 feet of any lot line. Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any line. EN(6) (9) Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one such sale shall be conducted on any lot in any one calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one on-premises sign not larger than six square feet in size displayed for a period of not longer than one week immediately prior to the day of such sale, shall be permitted. (d) A permit shall be obtained therefor from the Town Clerk upon the payment of a fee of$15. [Amended 8-24-1993 by L.L. No. 18-1993] (e) The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street and removed before sundown on the day of the sale. [Added 8-24-1993 by L.L. No. 18-1993] (10) Wineries may have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items bearing the 9 Town of Southold PC/Codebook for Windows insignia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. [Added 11-29-1994 by L.L. No. 26-1994] (11) Child care. [Added 11-12-1996 by L.L. No. 20-1996] § 280-14. Bulk, area and parking regulations. [Added 9-3-1996 bTL.L. No. 16-1996] No building or premises shall be used and no building or part thereof shall be erected or altered ~n the A-C, R-80, R4120, R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking ScheduleEN(7) incorporated into this chapter with the same force and effect as if such regulations were set forth herein full. § 280-15. Accessory buildings and structures. [Amended 4~10-1990 by L.L. No. 6--1990; 7-17-1990 by L.L. No. 14-1990; 2-5-1991 by L.L. No. 2-1991; 12-22-1992 by L.L. No. 33~1992; 1-16-2007 by L.L. No. 2-2007] In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: Minimum Setback for Side Lot Size Maximum Height and/or Rear Yard (square feeO (feeO (feeO Less than 10,000 18 3 Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10 Town of $outhold PC/Codebook for Windows Minimum Setback for Side Lot Size Maximum Height and/or Rear Yard (square fee0 (feet) (fee0 10,000- 19,999 20 15 10,000 - 19,999 22 20 20,000 - 39,999 18 10 20,000 - 39,999 20 15 20,000- 39,999 22 20 40,000 - 59,999 22 15 60,000 -79,999 22 20 80,000 and over 22 25 C. Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet, no accessory building shall exceed 3% of the total size of the parcel. D. Donners are permitted on accessory buildings up to 40% of the roof width. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard, provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. ARTICLE IV, Low-Density Residential R-40 District [Added 1-10-1989 by L.L. No. 1-1989] 11 Town of $outhold PC/Codebook for Windows § 280-16. Purpose. The purpose of the Low-Density Residential R-40 District is to provide areas for residential development where existing neighborhood characteristics, water supply and environmental conditions permit full development densities of approximately one dwelling per acre and where open space and agricultural preservation are not predominate objectives. § 280-17. Use regulations. In an R-40 District, 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: (1) Same as § 280-13A of the Agricultural-Conservation District, except that wineries are excluded. [Amended 11-29-1994 by L.L. No. 26-1994] B. Uses permitted by special exception of the Board of Appeals. The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (1) Same as § 280-13B of the Agricultural-Conservation District, except that a children's recreation camp, farm labor camp and veterinarian's office and animal hospital are not permitted and bed-and-breakfast uses do not require site plan approval. (2) Libraries, museums or art galleries. C. Accessory uses, limited to the following: (1) Same as § 280-13C of the Agricultural-Conservation District. § 280-18. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Low-Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule,EN(8) with the same force and effect as if such regulations wero set forth herein in full. 12 Town of Southold PC/Codebook for Windows § 280-19. Accessory buildings. Accessory buildings shall be subject to the same requirements as § 280-15 of the Agricultural-Conservation District. 13 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765~1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net Examined ,20 Approved ,20 Disapproved a/.c~,~- .~/~o £×pimtion , ~ RECEIVED BOARD OF APPEALS PERMIT NO. BUILDINC~RMIT APPLICATION CHECKLIS' Dd~l~ 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 Contact: Mail to: Phone: FEB 2 4 2010 BLDG. DEPT. TOWN OF SOUTHOLI) Building Inspector &PPLICATION FOR BUILDING PERMIT INSTRUCTIONS ,2otO a. t ms application M u~ 1 be c mpletely 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 ~/ermit. 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. £ Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for addition six months. Thereafter, a new permit shall be required, an APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of South01d, Suffolk County, New York, and other applicable Laws, Ordinances or Regt?ations, for the construction of buildings, additions, or alterations or for removal or dem' ' ' applicant agrees to comply with all a~licable law~ ~-~; ......... , · . olltlon as herein described. The ..... . ...... , ~,,mum~ces, ouuamg cooe, nousmg code, and regulations, and to admit amnonzea inspectors on premises and in building for necessary inspections. (Signature of applicant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner o~S~emises ~ I ~1 ~ ~/~-~ _/ ! ~ (As on the tax roI1 or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title b'f'corporate officer) Builders Liccmse No. Plumbers License No. Electricians License NO. ~ other Trad¢'s License NO. Locat. i9~.of land on which plroposed work will be done: . Hamlet County Tax Map No. 1000 Section ]~D Block '-' ~ Subdivision Filed Map No. Lot ~ ~ Lot O d dd 2. State existing use and occupancy of premises an inten e a. Existing use and occupancy b. Intended use and occupancy ~'~ [4 D ~ ~!~ 3. Nature of work)check which applicable): New Building Repair Vt Removal Demolition. 4. Estimated Cost ~ ~, 0 ~ 0 ~ Fee 5. If dwelling, number of dwelling units If garage, number of cars use and occup~cy of proposed Addition Other Work APR 2010 BOARD OY APPEALS Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor If business, commercial or mixed occupancy, specify nature and extent of each type of use.~l ~ ~ ~ Dimensions of existing structures, if any: Front Rear Depth _ Dimensions of same structure with alterations or additions: Front : i :~?--,-:' Rear Depth Height Number q~ des ~ 8. Dimensions of entire new construction: Front Rear Depth Height Number of Stories L ...... :, _ 9. Sizeoflot: Front Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. 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. NamesofOwnerofpremises~/h~) ~4~tdress ~0~ [~/[ PhoneNo.~f'~/J~¢ 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__NO __ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES __ NO__ * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at I0 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES · IF YES, PROVIDE A COPY. STATE OF NEW YORK) COUNTY OF ~'~& NO NOTARY PUBLIC :¢T~-,rE OF NEW YORK N ~ 0'I S'~ 5046833 QUALIFIED II,l SUFFOLK COUN'r¥,~/~ t ~ COMMISSION EXPIRES JULY t7,~=~.~ ! ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ]L4~k~ 1~ ~'~'{ ~'~ (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 tree 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. fy__/ Signature of Applicant ~£CE'WED BOARD OF APPEALS Harbes_South3.ip~g Ha~bes_South4,jp§ Harbes South5.jpg APPEALS Harbes_South6.jpg Harbes South .jpg Harbes_Sou~h8 jpg ~ Harbes_Sout'h9.jpg Harbes_SouthlO.ipg TOWN OF $OUTHOLD PROPERTY RECORD CARD OWNER STREET t I* ~'~) VILLAGE DIST. SUB. LOT ~ ' ~ ACR. REMARKS ~PE OF BLD. ~oo~ ~/on 7/00 / /~l~/oq ¢¢z ' FRONTAGE ON WATER TILLABLE FRONTAGE ON RO~D WOODLAND DEPTH ~EADOW~ND BULKHE~ HOUSE/LOT ~ ~ ~ ~ TOTAL Tillable 2 'Tiflab'le, 3 Woodland Swampland /'~ Ax:re 3lue Per R£CEZVED Foundation Basement Walls Fire t, Porch Bath Floors Interior F~n[sh Hec~t Attic ' P~ooms Tst Floor Rooms 2nd Fh 181 Sound Ma~_ A Fred Jens Ave. 120 3 4&5 e3131 5/19/83 Variance to amend violation of excessive sales in A-Zone 6/7/85 Pending filed (83) RECE BOARD Ol VED %PPEAL~ ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 sout holdtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville April 13, 2010 Zoning Appeal No. 6388 Transmitted herewith is Zoning Appeals No 6388 of Monica Harbes- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Application for Building Permit with Disapproval Dated 3/10/10, Notice of Disapproval from Building Department Dated March 10, 2010, List of Agricultural Parcels, 5 Pages of Photos of Property & Surrounding Area, 3 Pages of Property Record Cards, Prior ZBA Appeals, 2 Pages of Plans Showing Floor Plans & Elevations, Survey of Property Showing Existing Construction Dated August 3, 2005 Prepared by Young & Young, eTown of southold P.O Box 1179 Southo~d, NY 11971 Date: 04/05/10 * * * RECEIPT * * * Receipt~: 76285 Transaction(s): 1 1 Application Fees Check#: 2183 Reference 6388 Total Paid: Subtotal $600.00 $600.00 Name: Vineyard, View Farms LIc P O Box 1524 Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6388 Page 1 of 1 Toth, Vicki .~ ~ V~p__.4 ~, From: Charles Cuddy [charlescuddy@verizon.net] ~ /'g)/-/' ('~/ c///~// Sent: Tuesday, April 05, 2011 1:09 PM ECEIVED ~,~/~ 15 To: Andaloro, Jennifer ~,~ Cc: Toth, Vicki Subject: Regina's GArden-ZBA-Covenants Attachments: img-330150317, pdf Dear Ms. Andaloro: Our clients have agreed to the attached covenant. As discussed we have revised the underlined language at paragraphs 2 and 3. This reflects the fact that Mr. and Mrs. Harbes operate the farm together but only Mrs. Harbes is a member of Regina's Garden LLC. Charles R. Cuddy 4/5/2011 SOUTHOLD ZONING BOARD OF APPEALS In the Matter of Application of P,.egina's Garden, LLC 1150 Sound Avenue., Mattitock~ NY SCTM#1000.120.3-5 AFFI])AVIT APR 7 BOARD OF APPEALS Edward Harbes, being duly sworn, deposes and says: 1. This is to confima my intention to use the building attached to the greenhouses on the tax lot #1000-120. 3-5, solely as a farm office. 2. I~ addition to more than 100 acres on the north side of Sound Avenue I farm the land, adjoining the proposed office. I have identified below the adjoining farm parcels by tax lot, ~creng¢ and ownership, and have attached a tax map. SCTM~1000-120-03-11.10 13.9 acres SCTM~1000-120.3-1 t.9 10 acres SCTM#1000-120.3-11.8 10.3 acres SCTM//1000k120.3-11: I 1 22.2 acres SCTM#1000-120.3-2 10.8 acres May D. Harbes KKP, LLC (Pater Harbes, Principal) Patricia DiVello P&E, LLC (Peter .Harbes, Principal) MI)~ LLC(Patricia DiVello, Principal) 3. I also own tax lo~1000-120-3-4. 4. As to mx lot 1000-120.03-11.10, which is part of my mother's estate and will be distributed to my sister, Patricia DiVello. I grow sweet corn and pumpkins at that site. Annually I rent this parcel by paying real property taxes due for the year. 5. Tax lot 1000.120.3-11.i 1 is leased from my brother Peter Harbes, the principal of P&E, LLC. This lot has development rights sold and will rema/n i~ farm use. 6. Tax lot 1000-120-3-11.9 is owned also by my brother, Peter Harbes, principal of KKP, LLC. This lot is also a development rights sold parcel. I lease it on year to year basis. I pay $1,000 per month for the parcels I lease from my brother. 7. The remaining two (2) westerly lots #11.8 and//2 are owned also by my sister Patricia DiVello, principal of IVfDH, LLC. These lots are planted with strawberries and flgwers, a significaut portion of which are sold at my farm stends. · 8. These leases and use arrangements are oral agreements between family members. The agreements have been in place for years and my brother, sister and I expeat this relationship to continue for many years. I make this Affidavit knowing it will be relied upon by the Zoning Board of Appoais. Edward Harbes Sworn to before me this ~day of Iq'lo,~, 2011 Nbtary :Public / IWoNA KODYM Notary PubJlc, State of New York No. 01 KO8088386 Qualified In Suffolk County Commission 'Expires March 3, 20/.C Mailing Address: R©. Box 154T I~iverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT L AW 445 GRIFFING AVENUE RIVERHEAD, NEW YORK November 23, 2010 RECEIVED NOV 2010 BOARD OF APPEALS TEL: (631) 369-8200 FAX: (631) 369-908) E-mail: chavles.cuddyQ)verlzon.net Leslie Weisman, Chairperson Zoning Board of Appeals Town of Southold PO Box 1179 Suutho!d, NY 11971 RE: Edward Harbes and Regina's Garden, LLC-Use Variance SCTM#1000-120-3-5 Dear Ms. Weisman: I have been discussing a farm office use with the Building Department and believe that there will be a modification of the existing notice of disapproval. This will not be in time for the hearing scheduled for December 2, 2010. It is important to the applicant that the amended notice of Oisapprovai De presented so that an appropriate presentation may De made to the Zoning Board of Appeals. ! therefore respectfully request that this matter be adjourned for a period of 60 days. CRC:ik ENclosure Very truly yours, Charles R. Cuddy Maili~ Address: V.O. Box 1547 I-h,..rhead, NY 11901 CttARLES R. CUDDY ATTORNEY AT L A\V 445 GRIFFING AVENUE RIVERiIEAI), NEW YORK October 20, 2010 Leslie Weisman, Chairperson Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 TEL: (631) 369-82t~3 FAX: (631) 369 9O80 E-maih charles.cuddyOoverlzon.net BOARD OF APPEALS Edward Harbes and Regina's Garden, LLC-Use Variance SCTM#1000-120-3-5 Dear Ms. Weisman: I have been asked to represent the applicant, Regina Garden, LLC and Edward Harbes, in connection with pending application before the Zoning Board of Appeals whereby the applicant seeks to have a farm office building. I would like to appear on behalf of and with Mr. Harbes at a regular Board meeting. If this matter has been closed, I ask be reopened, or if it is being held over I request that you advise when we may appear. that Thank you. Very truly yours, Charles R. Cuddy CRC:ik Enclosure REGINA'S GARDEN, LLC 1150 Sound Avenue, Ma~tituck, NY SCTM# 1000-120-3 -5 EXHIBITS EXHIBIT A JENS DEED-1967 EXHIBIT B PROPERTY RECORD CARD EXHIBIT C COURT DECISION- 1984 EXHIBIT D AFFIDAVIT -Edward Harbes EXHIBIT E OPINION LETTER -NYS Department of Agriculture and Markets EXHIBIT F LETTER OF ASSESSOR EXHIBIT G PLANNING BOARD RECOMMENDATION DAN FARAD'AYaud JOSEPHIN~ FAR.Y, his wife, residing at FRED P. JENS and .JEAN C. JENS, his wife, resid~ ~ ................................................ ( ~1. O0 ) ..... dollars, 1 ows: lowing two courses and distances: (5) North 88° lb' 50" East 19.94 Dan Faraday j~seohine Fara~ ~ O~tbo lOth ~y of r ctober 19 67, befor~ me FARADAY O. the day of 19 , before me lo me known, Who, being by me duly sworn, did depose and aglxed by order of the board o[ directors el said corpora- ben, and that he signed h name thereto by llke order, 9 On the day of 19 , before me CAii F^RAD'AYand wife ?ilED P. JENS and wife ~t II?LE GUARANTEE COMPANY SECTION BLOCK LOT cou~r~ o~ mw~ S09THOLD Robert J. Glasser, Esq. 385 Broadway Bethpage, New York ~-WNER STREET [( ~-~ VILLAGE DIST. -SUB. LOT ~..,~/~.v~j~.~o~ - U - ' ' ACR.~,, ~0 REMARKS TYPE OF BLD. LAND IMP~ TOTAL DATE ~/~J~- Ll ~O~ ~ ~.~ ~, ~ /~ ~y~ ~.~ ~ooo r2oo~ ~7oo,1.>/,/o¢......... ~ ooo 7100 ~ I oO / /~/os - F.ONTAGE ON WATER' nLLAeLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL 120.-3-5 1/08 120.-3-5 2/05 ~tension I ~ ~ / ~z 2 2 ~~'' ~/,,~ Fire.Place. ~ C He~ , ~v' ~ L Porch Attic ~..,, ,~. ~,.~ ~~ ~.~ ~o~ ~oo~,~,oo~ ~ E 5 COM~. IND. LAND IMP. TOTAL TYPE OF BUILDING DATE REMARKS 2_ 1 Tillable 2 Tillable, 3 Woodland Swampland B rushlan~d , House P'lol' Acre 1~ oo Value Per t/j ~'o~/ alue r /V Q . 12/06/2010 14:48 6317276336 A TOHILL PC PAGE 02/10 STATE OF N~W YORK : COUNTY. OF SUFFOLK TOWN OF SOUT~OLD : LOCAL CRIMINAL COURT THE PEOPLE OF Thee STATE OF NEW YORK, Plaintiff, -against- FP~D P. JENS and JEAN C. JENS d/b/a JENS PLOW'ER SHOP & GREENHOUSES, Defendant, Docket No. D~CIS'I'ON Defendants purchased two adjoining parcels of real property in the ToWn of Southold. They obtained title by two deeds, one dated October 10, 1967, and one dated September 27, 1969. Throughout defendant's OWnership, both parcels have been within the "A" Residential and Agricultural District for zoning purposes. On September 25, 1970, defendant, FRED P. JENS, applied for and was granted a building permit %0 "build new fiberglass display stand and addition to existing greenhouses" (Exhibit I) on the above-mentioned premises. The defendant did, in fact, build in accordance with the building permit. The "addition" expanded the square footage of the existing building from less than 1000 square feet to square footage in excess of 1000 Square feet. ',. On March 31, 1983, George H. Fisher, Senior Euilding Inspecto of the Town of Sou%hold, went to the defendant's premises and observed that the defendant was offering for retail sale agricultural and nursery products in a building or buildings wi~h a floor area exceeding 1000 square feet. At the same time and place Mr. Fisher purchased from 12/86/2818 14:48 G3172?G33G A TOHZLL PO PAGE 83/18 defendant one stuffed toy. bunny, a gold colored hanger, and a brown basket, none of which were made or grown by defendant at the premises. On April 1, 1983, the defendant was given two written orders to remedy Violation from the Southold Town Building Inspector's Office. The first Order stated that defendants were in violation of Southold Town Code Chapter 100 fZoning), Article III, Section 100-30A(2}(a) I by (having) "...products in an area exceeding one thousand (1, O00) square feet of floor .... " By that order, the defendants were ordered to remed' the alleged violation on or before "5:00 PM on the second (2nd) day of April, 1983, by closing off Or defining an area of one thousand (1,000) square feet. The second order also stated that the defendants were in violation of Southold Town Code Chapter 100 (Zoning) Article III, Section 100-30A(2) (a) l by having "...sales of products not grown or made on premises .... " By the second order, the defendants were ordered to remedy the alleged violation.on or before "5:00 PM on the second (2nd) day of April, i983, by removing from'the sales area all items not made or grown on premises". The defendant took 'no action in response to the two orders. Thereafter, two informations were filed with this court. The first information charges the defendant with two (2)'iseparate counts: Violating (1) Section 100-30A(2) (a).[1] of %he Code of the Town of Southold, and (2) Section 100-145 of the Code of the Town of Southold. The alleged violations occurred because 'defendant was dis- playing for retail sale 'agricultural or nursery products in an area exceeding one thousand (1,000) square feet of floor area and for -2- 12/86/2818 14:48 6317276336 A TOHILL PC PAGE 84/18 defendant's failure to comply with the first "order to remedy vlolat hereinabove mentioned. The second information charges the defendant with two (2) separate counts: Violating (1) Section 100-30A(2) (a) [1] of the Code of the Town of Scuthold, and (2) Section 100-145 of the COde of the. Town Of Southold. The alleged violations occurred because defendant was selling agricultural and nursery products not primarily grown or made on the premises and for defendant's failure to comply with the second "order to remedy violation" hereinabove mentioned. The above sections read as follows: S100-30. use regulations. In an A District, 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 An Part, for any uses except the following= A. Permitted uses. (2) The following oO~ercial agricultural operations and accessory uses thereto, including irrigation, provided that' there shall be no storage of manure or other odor or dust-producing substance or use, except spraying and dusting to protect vegetation, within one hundred fifty (150) feet of any lot line: (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the, seasonal sale of products thereo~ in buildings, subject to the following special requirements: [1] Ail one-story buildings for dis- play and retail sales of agricultural and nursery products grown primarily on the premise~ shall not exceed one thousand (1,OOO) square feet in floor area .... -3- 12/86/2818 14:48 6317275386 A TOHILL PO PAGE 85/18 $100-145. Penalties for offenses. For every offense against any of the prOvisions of this chapter or any regulations made pursuant thereto, or failure to comply with a written notice or order.of the Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor or their agents or any other person who co.its, takes part or assists in the co~ission of any such offense or who shall fail to comply wish a written order or notice of the Building Inspector shall, Upon conviction thereof, be guilty of a violation punishable by a fine not exceeding fifty dollars ($50.) or imprisonment for a period not to exceed six (6) mon~%s, or both. Each. week's continued offense shall constitute a separate, additional violation. When the defendant purchased the property and, subsequently, put on the addition, there was no limitation concerning the allowable square footage for floor area dedicated to the display and retail sales. '(Building Zone Ordinance, Town of Southold, Article III, adopted May 24, 1966). The section which is now applicable was adopted by the Southold Town Board On November .23, 1971, effective date December 16, 1971. The People argue in respect to the "maximum square footage" charge that the display and retail sales made from the original ~tructure and addition are a permitted use but that defendant must 1/~it the floor area for such use to 1000 square feet. The defendant argues that the addition, a greenhouse structure,' is not a building under the Zoning Ordinance and, therefore, the defendant does not violate the maximum square footage requirement by definition. Both the People 'and defendant point out that when the addition was constructed, a greenhouse did not require a buildlng permi~ -4- 12/86/2818 14:48 6317276336 A TOHILL PC PAGE 08/10 because ~he Building Department of Southold Town did not include a greenhouse within its interpretation of the term "building". The reason was the New York State Building Construction Code exempted non- residential farm buildings, 9 NYCP~R 801.2a. The Building Department's interpretation was made even though both the Zoning ordinance in e£fect at the time of the addition's construction and the current Zoning Chapter of the $outhold Town Code both contained definitions cf the ter~ "building"iI The interpretation by the Building Department was erroneou The State Building Code and the zoning legislation of the Town of Southold were adopted for separate and distinct purposes. Executive Law, Article 18 ~371 and S390 (now repealed); Building Zone Ordinance 4--BUILDING--A structure having a roof supported hy walls and when separated'by a party wall without openings; it shall be deemed a separate building. (Building Zone Ordinance,' Town of Southold, Article I §100(4), .effective 5/24/66 through 12/15/71). BUILDING--Any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above same as if no "building" was present. The term "build- ing'' shall include the term "structure", as well as the following: (1) Signs. · (2) Fences. (3) Walls, other than. retaining walls projecting abo~e.'the ground not more than three (3) feet at the higher ground level' and not more than six and one-half (6-1/2) feet at the lower ground level. (4) Radio and television receiving and transmitting towers and antennae, except for such antennae installed on the roof of a building and extending not ~ore than twenty (20)' feet above the highest level of the roof of such building. (5) Porches, outdoor bins and other similar structures. (Southold Town Code Sl00-13(B)). -5- 12/06/2010 14:48 6317276336 A TOHILL PC PAGE 07/10 Town of Sou~hold (effective 5/24/66 through 12/15/71) Preamble; Southol~ Town Code, Chapter 100, Zoning, ~100-10. The Building Department was constrained by the definition of building in the applicable zoning ordinance for zoning purposes and could not look beyond the definition contained therein. "It is not allowable to interpret what has nc need of interpretation, and when the words have a definite and precise mean- ing, to go elsewhere in search of conjecture in order to restrict or extend the meaning." People v. sharer, 30 A.D.2d 213, 29i N.Y.S.2d 221, 225. Therefore, when the addition was constructed it was a building within the meaning of the Southold Town Zoning Ordinance. AS urged by the People, the court agrees %ha% the defendant is conducting a permitted use on the subject premises. The defendant has a nonconforming building existing on their premises. The building existed and exceeded one thousand (1,000) square feet prior to the adoption of Southold Town Code Si00-30A(2)(a) [1]. The only provisions Of ~he Zoning Chapter which deal generally with 'all nonconforming buildings deal with 'restrictions on structural alterations and recon- struction, Southold Town Code $100o118E and F. The People urge that the final sentence of Southold Town Cede $100-30A(2) (a)[1] requires that the defendant had to reduce the square footage of %he display ares within one (1) year of December 16, 1971. The portion Of that section which the defendant is charged with'violating states in part, "All one-story buT. l~i'~qs..(emphasis addea)...shall not exceed one thousand (1,000) square feet in floor area." The final sentence of -6- 12/06/2010 14:48 6317276306 A TOHILL PC that section reads, PAGE 08/10 "Any ~tand (emphasis added) in existence at effective date of this chapter must within one (1) year, comply with ail of the provisions hereof." "The general rule...is that zoning ordinances, being in derogation of common law property rights must be construed strictly againse the zoning authority." C. DeMasco Scrap Iron & Metal Corp. v. Zirk, 62 A.D.2d 92, 405 N.Y.S.2d 260, 264. In this case the word building is defined'in the ordinance (see above) and the word "stand" is not. Evidently, the Southold Town Board wished to differentiate between "one-story buildings" and a "stand". Therefore, defendant's one-story building did not fall within the directive to "stands" but rather became a permitted non- conforming use. Southdld Town Code Sl00-118(A). The defendants are also charged with selllng a toy bunny made in Korea and a basket made in China in violation of Southold Town Code $100-30A(2)(a)[1], which is quoted hereinabove. The information alleges, as the criminal activity, that the "defendants were selling agricultural and nursery products not primarily grown or made on the premises." The ordinance permits commercial agricultural operations and it is uncontested that, other than the sale of the abovenoted items defendants operate a commercial agricultural operatlonJ' ~n addition, the ordinance permits accessoryuses to a commercial agricultural operation including but not limited to "seasonal sales.of products thereof" and the sale of agricultural and nursery products grown pri- marily on ~he premiees. There is no restriction in the ordinance prohibiting the sale 'of products not ma'de, on the premises.. The sale -7- 12/86/2818 14:48 6317276336 A TOHILL PC PAGE 89/10 of products not n~de on the premises may or may not be an accessory use to a commercial agricultural operation envisioned by the Town Board when it adopted the section. The toy bunny and basket were surely not grown on defendant's premises. ~owever, the soil sold with plants in a greenhouse and the containers for plants in a greenhouse are not grown on the premises. It is unclear to this court what the restriction of sales tO "products grown primarily on the premisez" means. Does this refer to volume of weight, volume of sales (quantitatively or monetarily) or the length of time the products grew on the premises? Could this pro- hibition mean that if one is selling products within a one-story building in the A Residential and AgricultUral District one can sell a greater or lesser variety of products than in a two-story building or outside of any building whatsoever? The defendant is charged with violating a criminal statute. "It is a fundamental requirement of due process that a criminal statute must be stated in terms which are 'reasonably definite so that a person of ordinary intelligence will know what the .law prohibits or commands." People v. Cruz, 48 N.Y.2d 419, 423 N.Y.S.2d 625, 626: People v. Goo~/~an, 31 N.Y.2d 262, 338 N.Y.$.2d 97,102. "In respect to zoning ordinances, which are 'criminal in nature,' regulations limiting the use of property must be strictly construed, and if there 'is any doubt as to their meaning, it must be resolved in favor of the property owner." Tow~ of Huntington v. Barracuda Transport Co. Inc., 80 A.D.2d 555, 435 N.Y.S.2d 354, 356. -8- 12/86/2818 14:48 6317276336 A TOHILL PC PAGE 10/10 Based upOn the .foregoing, the court finds the terminology "grown primarily on the premises" as set forth in Southold TOwn Code, ~100-30A(2)(a}[1], as unconstitutionally vague as violative of the fundamental requirement of due process. In that accessory uses to com~ercial agricultural operations are permitted but undefined in the Southold Town Code, ~he court must resolve th~ doubt as to whether or not the defendant's sales of the toy bunny and basket are prohibited acts in favor of defendant. The remaining charges of violating the building inspector's order to remedy violations presupposes th~ existence of violations, and there were none. All charges against defendants are dismissed. Dated: MaY 17, 1984 SOUTHOLD ZONING BOARD OF APPEALS In the Matter of Application of Regina's Garden, LLC 1150 Sound Avenue., Mattituck, NY SCTM#1000-120-3-5 AFFIDAVIT Edward Harbes, being duly sworn, deposes and says: 1. I operate with my family a farming business referred to as "Harbes' Farm." My family also owns Regina's Garden, LLC, which has title to a parcel on the south side of Sound Avenue, Mattituck, known as 1150 Sound Avenue, Mattituck (SCTM#1000-120-3- 5). My family operates several farms on Sound Avenue both in Mattituck and in the Town of Riverhead as well as on the Main Road, Town of Riverhead. As a result of the extensive network of farms, we also engage managers, a bookkeeper, a marketing consultan~c and a hutnan resource adviser. In order to appropriately have this staff work together and in one place we require an office entirely devoted to the farm operation. This is a necessary and incidental part of farming. The site known as 1150 Sound Avenue originally housed Jen's Flower Gift Shop. I continued that use after purchasing the property in 2006. When I determined the flower and gift shop business was not economically feasible, I discontinued this business and had my marketing director use that building. It has been used continuously by the marketing director since the date the girl shop ceased operation to the present. I submit that the farm office on our property at 1150 Sound Avenue is an appropriate and permitted farm use. Edward Harbes Sworn to before me this ] ~'/~tay of November, 2010 Den/se M. Cuddy Notary Public State of New Yonk No. 01CU6178519 Suffolk County Coraission Expir~ Dee. 3, 20j.] STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive Albany, New York 12235 Division of Agricultural Protection and Development Services 518-457.7076 Fax. 5~8-457-2716 March 19, 2007 Hon. William McGintee, Supervisor Town of East Hampton 159 Pantigo Road East Hampton, NY 11937 Ms. Sylvia Overby, Chairwoman Town of East Hampton Planning Board 159 Pantigo Road East Hampton, NY 11937 Re: Review of the Town of East Hampton's Zoning Code, and the Administration of the same, as it Pertains to the Construction of a Barn/Office on the Whitmore Nurseries Long Lane Tree Farm and the Sale of Nursery Product Within Suffolk County Agricultural District No. 1. Dear Supervisor McGintee and Chairwoman Overby: As stated in my October 18, 2006 letter to Supervisor McGintee, the Department received a request from Richard Whalen, Esq., an Attorney representing Whitmore Nurseries, Inc., to review the Town of East Hampton's Zoning Code as it pertains to the employment of sales staff to sell nursery products on the farm, the employment of administrative staff to coordinate daily farm activities and the construction of a new barn/office to support the farm business and the sale of farm grown nursery products for compliance with Agriculture and Markets Law (AML) §305-a, subdivision 1. The Long Lane Tree Farm is located within Suffolk County Agricultural District No. 1. Whitmore Nurseries, Inc. operates a tree nursery on approximately 67 acres of land which it owns on Long Lane and East Hampton-Sag Harbor Turnpike (NYS Route 114) in the Town of East Hampton, Suffolk County. Whitmore Nurseries also grows nursery stock on an additional 60 acres of land which it leases on Long Lane, as well as on other land it owns and leases in the Towns of Southampton, Riverhead and Southold. The nursery sells its stock wholesale to landscaping businesses in the East Hampton area and retail to walk-up clientele. The sales staff advise customers in the sale of nursery stock; record sales; work with off-site landscaping employees regarding the type, size, condition and availability of nursery stock; and consult with the nurserymen regarding the demand for nursery stock. The clerical staff at the farm Hon. William McGintee and Ms. Sylvia Overby (cont.) Page 2 serve both the production and sales operations. The duties of the clerical staff include ordering liners for trees and shrubs, purchasing supplies and materials, answering phones and handling the paperwork necessary for the sale of the nursery stock and to comply with government regulations. Sales records and invoicing are handled by the bookkeeping department which is located off the farm. According to Mr. Whalen, all of the employees at Long Lane Tree Farm are directly involved in either the sale or growing of nursery stock. Whitmore Nurseries, !nc. also has a landscaping division. However, the business office, employees and vehicles for this portion of the business are located on commercially zoned property in the Town of East Hampton and not on the Long Lane Tree Farm : On September 27, 2004, Dr. Robert Somers, Chief of the Department's Agricultural Protection Unit, toured Long Lane Tree Farm with Messrs. Whalen and Whitmore. Dr. Somers observed that the sales office consists of a reception area, offices and a meeting room and noted that the buildings are modest in size and d6cor, relative to the size of the operation. In an Opinion issued by former Commissioner Nathan L. Rudgers, dated December 3, 2004 (copy attached), Dr. Somers determined that the activities at Long Lane Tree Farm, including the use of the sales office, qualify as a farm operation pursuant to AML §301, subd. 11. Mr. Whalen informed the Department that Whitmore Nurseries, Inc.'s activities at Long Lane Tree Farm, as observed by Dr. Somers in 2004, have not changed. Mr. Whalen indicates in a letter to the Department dated April 25, 2006 that the only substantive proposed change to the operation is to replace the existing sales office with a 7,095 square foot building. The building will contain approximately 3,427 square feet of storage space for agricultural equipment and supplies and 3,668 square feet of other space, including offices, meeting rooms and bathroom/shower facilities for the employees. Mr. Whalen states that the current office building is 2,564 square feet and will be removed when the new building has been constructed. Pursuant to AML §305-a, subd. 1, local governments are prohibited from enacting and administering laws that would unreasonably restrict farm. operations located within an agricultural district unless it can be shown that the public health or safety is threatened. AML §301, subd. 2 defines "crops, livestock and livestock products" to include, among other agricultural commodities, horticultural specialties, such as nursery stock, ornamental shrubs, ornamental trees and flowers. The Department considers the production, preparation and marketing, at either retail or wholesale, of products grown on the farm (from bare rootstock, seeds, cuttings, plugs, or other immature plants or mature plants that have been planted in the ground at the nursery, or transplanted into larger containers, and cared for and grown for one or more seasons) to be a farm operation. A "farm operation" includes, among other things, activities that contribute to the production, preparation and marketing of crops, livestock and livestock products. Since Whitmore Nurseries, Inc. produces nursery products, it requires staff to serve its wholesale and retail customers. These staff, which include, but are not limited to, sales agents, laborers, farm workers to plant new crops, and Hon. William McGintee and Ms. Sylvia Overby (cont.) Page 3 office employees/administrative staff are part of the farm operation. The definition of "farm operation" includes the land, on-farm buildings and equipment needed to produce, prepare and market crops. On-farm buildings used by Whitmore's administrative and professional staff, as well as by farm production laborers, are also part of the farm operation. The use of the proposed building to store farm equipment and supplies is also part of the farm operation. Mr. Whalen informed the Department that all agricultural buildings greater than 200 square feet in gross floor area require site plan approval from the Town Planning Board. Whitmore Nurseries submitted an application for site, plan approval to the Planning Board on February 27, 2006, which was reviewed by the Board on April 5, 2006. JoAnne Pahwul, AICP, the Town's Assistant Planning Director, provided the Planning Board with an initial evaluation of the Long Lane Tree Farm Barn and Cold Frames Site Plan by a memorandum dated March 30, 2006. Ms. Pahwul's memorandum indicates that the Planning Board needs to consider whether Whitmore Nurseries, Inc.'s proposed use of the land falls within the definition of a "Garden Center," which is a prohibited use in a residential zoning district. Ms. Overby indicates in a letter to Mr. Whalen that the Planning Board would refer the application to the Chief Building Inspector for a determination regarding the proposed use of the land. Section 255-1-20 of the Town's Zoning Code defines a "Garden Center" as "[a] business use consisting principally of the sale or marketing of horticultural commodities (i.e., plants, trees, shrubs or live or cut flowers), whether at retail or wholesale and whether raised on the premises or not. A garden center must include a building in which the business of the garden center is transacted. A garden center may also consist of one or more pamels of land on which no building is situated but on which horticultural products are grown or displayed, provided that any such parcels are located within 500 feet of the lot containing the building." Section 255-1-20 of the Code defines "agriculture," in part, as "[t]he cultivation of the soil, as a commercial or business enterprise, for food products and other useful or valuable growths of the field, including field crops, fruits, vegetable~, trees, shrubs, plants and flowers: Agriculture shall be considered a principal use on any lot on which it is conducted...." It appears that the activities conducted by Whitmore Nurseries, Inc. at Long Lane Tree farm would meet both of these definitions. The purpose of an agricultural district is to encourage the development and improvement of agricultural land and the use of agricultural land for the production of food and other agricultural products as recognized by the New York State Constitution, Article XIV, Section 4. Therefore, generally, agricultural uses and the construction of on-farm buildings as part of a farm operation should be allowed uses when the farm operation is located within a county adopted, State certified agricultural district. Mr. Whalen indicates that Whitmore Nurseries, Inc. is located within the Town's A-5 Residence Zoning District. According to the Use Tables in §255-11-10 of the Code, a garden center is a prohibited use within the Residential Zoning Districts, but agriculture Hon. William McGintee and Ms. Sylvia Overby (cont.) Page 4 is a permitted use. If the Town determines that Whitmore Nurseries' activities, including its proposed use of the land, is a "garden center" and is, therefore, a prohibited or non- conforming use, the Town's determination would, in the Department's view, be unreasonably restrictive in possible violation of AML §305-a. The Department would appreciate hearing from the Town and the Planning Board concerning the issues raised in this case, including whether the Town and the Planning Board intend to classify Whitmore Nurseries, lnc.'s use and proposed use of the subject land as a "garden center" under the Town's Zoning Code, If you have any questions concerning this matter, please do not hesitate to contact Bob Somers, Chief of the Agricultural Protection Unit, at (518) 457-2713. if the Town's attorney, Ms. Schoen, has any questions, she may contact Danielle COrdier, Senior Attorney, at (518) 457-2449. Sincerely, Director CC: John Whitmore, Whitmore Nurseries, Inc. Richard Whalen, Esq., Attorney Representing Whitmore Nurseries, Inc. Ken Schmitt, Chair, Suffolk County AFPB Thomas Lindberg, First Deputy Commissioner, Dept. of A&M Jerry Cosgrove, Deputy Commissioner, Dept. of A&M Joan Kehoe, Esq., Counsel, Dept. of A&M Bob Somers, Agricultural Protection Unit, Dept. of A&M Danielle Cordier, Esq., Senior Attorney, Dept. of A&M Robert I. Scott, Jr., Chairman Darline J. Duffy, Assessor Kevin W. Webster, Assessor BOARD OF ASSESSORS TOWN OF SOUTHOLD Southold Town Hall, 53095 Route 25 P.O. Box 1179 Southold, NY 11971-0959 Fax: (631) 765-1356 Telephone: (631) 765-1937 January 24, 2011 Charles R Cuddy Attorney at Law 445 Griffing Ave. Riverhead, NY 11901 Rc: SCTM# 1000-120-3-4 - Harbes Farm Rhd East LLC 1000-120.-3-5 - Regina's Garden LLC Dear Mr. Cuddy, The above-referenced parcels are located in the Suffolk County Agricultural District #1. If you have any additional questions, please do not hesitate to give our office a call. Sincerely, Kevin W. Webster Assessor KWW/cg PLANNING BOARD MEMBERS ~ . MARTIN H. SIDOR ,t~ 1~ Chair ~ ~LLI~ J. C~MERS ~x~, ~NNETH L. EDW~DS ~X .~ JOSEPH L. TO--SEND ~ DON~D J. ~LCENS~ MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 F~x: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED MEMORANDUM MAY 0 6 2010 BOARD OF APPEALS To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair Members of the Planning Board Date May 3, 2010 Rc: Request for Comments for Edward Harbes for Regina's Garden SCTM#1000-120-3-5 ZBA# 6388 The Planning Board received your request for comments regarding the above referenced application in connection with a site plan application under the name Edward Harbes for Regina's Garden. The site plan is to convert an existing building formerly used a retail flower shop approximately 1,400 sfto an office in connection to the farm use on just over an acre of property in the AC zoning District. The application has been reviewed for site development and the following comments are for the Zoning Board's consideration: 1. The site has been previously developed having existing farm building located on site. 2. The building subject of this application is approximately 1,400 s.f. and is not changing in size. The use being proposed is for an office as part of the overall agricultural use of the site. 3. The proposed use a farm office is tied into the surrounding farm operation and would be in keeping with the nature and character of the area 4. The proposed farm office is considered a less intense use to that of a retail flower shop. The office is not open to the public having only 2 employees however a conference room is considered. 5. As part of the site plan review, on site parking will need to be reviewed and considered as part of the overall site plan. ZBA# 6388 Page 2 RECEIV, [ AY 0 6 2010 BOARD OF APPEA~.~a¥ 3, 2010 Based on the above reasons, the Planning Board has no objection to the requested variance relief requested on the basis the building is existing, not changing in size and appropriate for the overall use of the site and building. If you should have any questions or require additional information, please do not hesitate to contact the Planning Office. 2 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 SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 July 30, 2010 Monica Harbes Regina's Garden P.O. Box 1524 Mattituck, NY 11952 RE: ZBA Application #6388 Dear Ms. Harbes: Your application for a variance has been adjourned to September 23, 2010 at 1:00 P.M., a representative must attend. You will receive information regarding notification of the neighbors and a sign to post on the property in the mail a few weeks prior to your hearing date. Please be sure to follow the instructions and provide the office with the required documentation prior to the Hearing. If you have any questions, please contact the office. Thank you for your attention to this matter. Board Assistant BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard E 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 3, 201t 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, FEBRUARY 3~ 2011: 1:00 PM - REGINA'S GARDEN LLC #6388 - (Re-opened from 10/21/10PH) Request for Variance from Code Sections 280-13 and 280-14, based on an application for building permit to operate a farm office in a non conforming building, and the Building Inspector's March 10, 2010, Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted and exceeds the code permitted number of uses per the Bulk schedule. Location: 1150 Sound Ave., Mattituck. SCTM#1000-120-3-5. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town. Southold.ny.us. Dated: January 10, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 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 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 January 7, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday,February 3, 2011 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 January 17th: 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 Southold Town Assessors' Office, 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 mailing 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 hearinq, providing the returned letter to us as soon as possible; AND not later than January 24th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope ia returned "undeliverable", please advise this office as soon as possible. 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 January 26th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (it is the applicantJagents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not 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 supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before February 1, 2011. If you are not able to 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. NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: HARBES FOR REGINA'S GARDEN # 6388 SCTM #: 1000-120-3-5 VARIANCE: EXCEEDING NUMBER OF USES REQUEST: FARM OFFICE DATE: THURS, FEB. 3, 2011 1:00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 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 1 week(s), successively, commencing on the 20th day of Januawi 2011. / "-' ' Principal Clerk Sworn to before me this LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY FEBRUARY 3, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, put- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hail, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on TJI~- RUARY 3. 2011: 9:30 A.M.- MARY ANN PRICE g6447 - Request for Special Exception under Chapter 280-45B(8). Owner re- quests authorization to operate a flea market at: 730 Love Lane Mattituck,NY. 9:50 A.M.- VYILLIAM C. GOGGINS ~_nd DONNA M. GOGGINS #6444 - Appficant requests a Special Exception under Article III, Section 280-13B(i3). Ti~e Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at; 8755 New Suffolk Road (Fifth Street) (adj. to Great Peconic Bay) New Suffolk. 10:10 A.M.- IRENE RUTKOWSKI ESTATE g64d5 - This is a request for a Waiver under Code Article II, Section 280-10A, to unmerge land identified as SCTM #[il00-115-2-L.3, based on the Building Inspector's November 16, 2010 Notice of Disapproval citing Zoning Code Section 280-10A, which states that the nonconforming lots merged until a total lot size conforms to the current 2011. C~RISrlNA rOLl,SKI NOTARY PUBLIC-STATE OF NEW NO. 01-V06105050 Qualified m SuffolR ¢oun~'y hulk schedule (minimum 40,000 square feet in this R40 Residential Zone Dis- trict) this lot is merged with lot 12 to the west, at: 18525 and 18375 Route 25 Mattituck, NY. SCTM#1000-1t5-2-13 and 12. 10~30 A.M~- JEFF ANDRADE 06435 - (adj. from 1/6/llPH)Request for Vari- ance from Code Section 280-13 and 280- 15 and the Building Inspector's Septem- ber 29, 2010 Notice of Disapproval based on an application for building permit to construction an accessory structure 1) proposed building is not accessory to existing struetare, 2) accessory structure exceeding the maximum 750 sq. ft. al- lowed per code; at: 43850 Main Rd. (SR 25), Peconic, NY. SCTIVI#1000-75-6-4, 10..50 A.M.- NANCY D. ARNZEN V~. Ap- plicant requests a Special Exception under Article III, Section 280-13B(I3). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at: 145 Wavecrest Lane, Mattitack, NY. 11:15 A.M.- J'OilN and DANIELLA VENETIS #6313 - (Re-opened by Res- olutinn to clarify the record) Requests for variances under Sect. 280-116(B) and 124, based on the Building Inspector's August 17, 2009 No0.ce of Disapproval concerning an application for demolition and a building permit for a new single family dweUing at; 1) less than the code required minimum setback of 75 feet from a bulkhead, 2) less than the code required front and rear yard setback of 35 feet. 3) less than the code required combined side yards of 25 feet. 4) more than the code required 20% lot coverage (buildable area), 5) 280-a access, at: 2600 Takaposha Road, (adj. to Corey Harbor) Southold; CTM 1000-87-6-4. 11:15 A.IVL. JOILN and DANIELLA VENETIS g6396 - (Re-Opened by Res- olution to clarify the record) Requests for Variances under Sections 280-116-B and 280-124. based on the Binlding In- spector's April 20.2010 Notice of Disap- proval concerning an application for re- construction and second floor addition, which new construction will be: 1) less than the code-required minimum of 75 feet from the bulkhead, 2) less than 35 feet from the front lot Line, 3) less than 35 feet from the rear lot line. 4) less than 25 feet for both (combined) minimum side yard setbacks, 5) exceeds the code limitation of 20% maximum lot cover- age (building area). Location of Prop. o ty: 2600 Takaposha Road, (adj. to Corey Harbor) Southold; CFM 1000-87-6-4. L~0 P.M. - REGINA'S GAR- D~ - (Re-opened from 10/21/10PH) Request for Variance from Code Sections 280-13 and 280-14, based on an application for building permit to operate a farm office in a non conform- ing building, and the Building Inspec- toffs March 10, 2010, Notice of Disap- provai stating that the proposed use on this parcel in the AC zone is not per- mitted and exceeds the code permitted number of uses per the Bulk schedule. Location: 1150 Sound Ave., Mattimck. SCTM#100O-120-3-5. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing Jan- 1'.30 P.M. - 4170 INDIAN NECK LANE HOLDINGS g6443 2:00 P.M. - LOIS ABRAMCHIK ~ltlO T~e Board of Appeals will hear all persons or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, pleas9 contact our office at (631) 765-1809, or by emaih Vicki. Tot h@Town. Southold.nv. us. Dated: January 10, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971.0959 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.northfbrk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 2, 20t0 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, DECEMBER 2, 2010: 1:30 PM - REGINA'S GARDEN LLC #6388 - (Re-opened from 10121/10PH) Request for Variance from Code Sections 280-13 and 280-t4, based on an application for building permit to operate a farm office in a non conforming building, and the Building Inspector's March 10, 2010, Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted and exceeds the code permitted number of uses per the Bulk schedule. Location: 1150 Sound Ave., Mattituck. SCTM#1000-120-3-5. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by emaih Vic ki.Toth(~.Town. So uthold.n¥, us. Dated: October 29, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of REgina's Garden, LLC (Name of Applicants) CTM Parcel #1000- 3 5 X -X REC~]v~D AFFIDAVIT COUNTY OF SUFFOLK) STATE OF NEVV YORK) I, Iwona Kodym .residing at Bergen Avenue, Mattituck . New York, being duly sworn, 'depose and say that: ~ On the t4th day of. January, 2011 , 200-, I personally mailed at the United States*Post Office in R~'~'~h,~d , New York, by CERTIFIED IvlAIL, RETURN' RECEIPT REQUESTED, a tnJe copy .of the attached Legal Notice in prepaid., envelopes addressed to current owners shown on the current assessment.mil verified from the official records on. file with the ( i AsS%'sore, 'or ( ) County Real Properly Office' ·, for every property which abuts and is across a p~blic or private street, or vehicular right-.of- way of cecord, surrounding the applicant's property. (Signature) ~/ ~ Slnl~roct ·tale of I~ Yolk Suffolk Colm~ · PLEASE list on the: back of this Affidavit or on.a sheet of paper, [he lot numbers next to the owner names and addresses for Which notices were mailed. Thank you: SCTM# 1000-120-04-1 Charles P. Simmons 221W 82nd Street New York, NY 10024-5406 SCTM# 1000-120-3-4 Harbes Farm RHD East, LLC 715 Hallock Ln. Mattituck, NY 11952 SCTM# 1000-120-3-6 Gail Dessimoz Michael Racz 100 Vandam Street New York, NY 10013-1024 SCTM# 1000-120-3-11.10 Edward Harbes Trust 555 Sound Avenue Mattituck, NY 11952 SCTM# 1000-120-01-4 Harbes Farm Mattituck, LLC 715 Hallock Ln. Mattituck, NY 11952 SCTM# 1000-112-01-8.2 Mario Pangari Maria Pangari 3 Susan Ct. Glen Cove, NY 11542-3336 m m m Total Postage & Fees Harbes Farm Mattituck, LLC :¢ f?J&£'~; ~,U ...................................................... Cedlfied Fee Retum Receipt Fee (Endorsement Required) Restricted D e[iver~ Fee (Endorsement Required) Total Postage & Fee8 ~il Dessimoz and Michael Racz ;¢ f~ ~ -~'~7 -~'o;f ....................................................................... orPO~oxNo. 100 Vandam Street m m g~ (Endomement Requ req) r'~ m ~ ~nd Maria Pangari ... (Endorsement Required) Ci 'ti: Total Postage a Fees SS,~ Return Receipt Fee Total Postage & F~S I ................................................. Total Postage & Fees __ 01/14/2011 rles P. S~mmon .............................. · Complete items 1, 2. and 3. AJco complete item 4 If Restricted Delivery is 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 mailpiece, or on the front If space permits. 1. Article Addressed ~: Edward Harbes Trust 555 Sound Avenue Mattituck, NY 11952 2. ~icleNumber PS Form 3811, February 2004 ~ [] Agont [] Addressee B. Receivdd by (Pr/n~d Name) lC. Iytec~ Dai~very O.I~dailv~addmesdlffemnt fromltem 1~/ []~es ff YES, enter daiivery address below: [] No ~r'l Expree~ Mall ~ 7~,~ Registered I~etum Receipt for Merchandise Ir~ured Mail [] C.O.D. 4. Restricted Daiive~? (~,c'~a Fee) [] Yes 7009 3410 0000 3936 9897 ~ Return Receipt 102595-02qd-1540 · Complete items 1, 2, and 3. AJso complete item 4 if Resfrict~d Delivery is 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 mairpiece, or on the front if space permits. Harbes Farm RHD East, LLC 715 Hallock Ln. Mattituck, NY 11952 X ~' ' ~'~'-- []Agent B. Received by ( Pdnted Name) I C. [~ate of/Delivery III1 / D. Isdeliveryeddressdiffem~ffom Item 1'~ [] ~fes If YES, enter delive~J address below: [] NO ~[ Certified Mail [] Express Mail Restricted Delively? (Ex~a F~e) [] Yes 7009 3410 0000 3938 9910 1 PS Form 3811, February 2004 Domestic Return R~lpt · Complete items 1, 2, and 3. Also sot · item 4 If Restricted Delivery Is desirea. ' Pnnt your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Gail Dessimoz Michael Racz 100 Vandam Street New York, NY 10013-1024 PS Form 3811, February 2004 O Agent [] Addressee B. R~ceived by ( Prfnted Name) I C. Date of Delivery I D. Is dellve~y address different from ~ 1 ? [] Yes If YES. enter delivery address below: [] No 3. ice Type Registered ~, Retum Receipt f~r Merchandise ~_ [] Insured Mail [] C.O.D. 14. Restricted Delivery? (Ex~a Fee) [] Ye~ 7009 3410 0000 3938 9903 · Complete items 1, 2, and 3. Also complete item 4 if'R. es~it, cted Delivery is desired. · Print your n~me and address on the reverse so that~~e'can return the card to you. · Attac}l'thi~ to the back of the mattpiece, or q.n'the front if space permits. ~,; ,~a,,~ to: Maria pangar i 3 Susan Ct. Glen Cowe, NY 11542-3336 D. is daiive~ address different from item ri No If YES, enter delivery address below: ri F..,Aomss Ma~l [] Registered ~/Retum Receipt for Memhandlse ~ Insured Malt [] C.O.D. Restricted Detive~y? (Extra Fee) I"1 yes 3410 0000 3938 9873 2. Afficle Number 7 0 0 9 · P4 if Restricted Delivery ~s e [] Addressee ~ [] insur~ Mail r-I C-O.E~T ~ 7009 3410 0000 3938 98&D PS Form 3811, February 2004 Domestic Return ReCeipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Pdnt your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, o~on the front if space permits. 1. A~le Addressed to: If YES, C~arles P. Simmons 221 W 82nd Street New York, NY 10024-5406 [] No ~ ~ Marl [] F_xpne~ Mall [] Registered ~Retum ReCeipt for Merchandise [] Insured Mall [~ C.O.D. lestdcted Delively? (Extra Fe~) [] Yes 7009 3410 0000 3938 9927 Domestic Return Receipt 102595~2-M-154o 2. Article Number (Transfer from service label) PS Form 3811, February 2004 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of _ Regina Garden's, LLC (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 120 3 5 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING ][, Charles R. Cuddy residing at_ Mmrratooka Lane, Mattituck , New York, being duly sworn, depose and say that: On the 73rdday of January, 20_1,1_ , I personally placed the Towm's official Poster, with the date of heafing and nature of my application noted thereon, securely upon my property, located ten (I0) feet or closer from the street or fight-of-way (driveway entrance) - facing the street or facing each street or fight-of-way entrance;* and that l hereby cotffimt that the Poster has remaix~ed in place for seven days P~0O[lto t ,at date of the subject hearing date, which hearing date was shown to be February 3, Sworn to before me this 31 s'CdaY ofJ~,~7 ,2o~1 (Signature) (Notary Public)/ Notary Public, State of New York No. 01KO6088386 Qualified In Suffolk County Commission Expires March 3, 20il *near the entrance or driveway entrance o£nly.proger~sXhearea4nost4qsibte~toT~assersby- ZONING BOARD OF APPEALS 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 November 1, 2009 Re: Town Code Chapter 55 - Public Notices for Thursday, December 2, 2010 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before November 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. 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 address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how 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 November 22 nd: 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 signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. 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 November 24th: 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 Postin.q for receipt by our office before, November 30, 2010. If you are not able to 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, NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: HARBES FOR REGINA'S GARDEN # 6388 SCTM #: 1000-120-3-5 VARIANCE: EXCEEDING NUMBER OF USES REQUEST: FARM OFFICE DATE: THURS, DEC 2, 2010 1:30 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS,TOWN OF SOUTHOLD 765-1809 10015 NOV ~ 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 1 week(s), successively, commencing on the 18th day of November, 2010. Principal Clerk Sworn to before me this 2010. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY DECEMBER 2, 2010 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of theTown Law and Town Code Chapter 280 (Zoning),Town of Southold, the following public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF AP PEALS at the Town Hall, 53095 Main Road. lqO. Box 1179, Soutbold, New York 11971-0959, on THURSDAY DE- 9'30 AM - MICHAEL J. and KATH- LEEN M. HANNAFIN g6427 - Request for Variance from Code Sections 280- 124, based on an application for building permit and the Building Inspector's Sop tember 20, 2010 Notice of Disapproval, concerning proposed additions and al terations to existing single-fam0y dwell- ing, at 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear y~ird setback of 35 feet. Location; 280 Munn Lane Ori- ent, NY SCTM#i000-17~I-2. 9'.50 AM - HENRY L FERGuSQI~ ~ - Requests for variance from Code Section 280-14, based on an application for building permit and the Building Inspector's September 20, 2010 Notice of Disap- proval concerning a lot line change: two non-conforming lots at less than the code required 120,000 sq. ft. in a R120 zone. Location: Clay Point Rd. (adj. to West Harbor), Fishers Island. NY. SCTM#'s:1000-7 14.1, 7 & p/o 10. 10:10 AM - CHESTER aqd WENDY ~- Applicani~- quests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure. Location: 1905 Stillwater Ave., Cutchogue. NY SCTM#1000-103-8-L 10:30 AM - ANDREW GREENE #6429 Applicant requests a Special Exception under Article III, Section 280-13B(13). lhe Applicant is the owner requestmg authorization to establish an Accessory Apartment in an accessory structure. Location: 30653 Route 48. (adj. to Long Island Sound) Peconic. NY. SCTM#1000-73-4-5. 10:$0 AM - ANNE MARINO AN_D BERNARD TE EY 32 - Request for Variance from Article III, Code Sec- tion 280-15, based on an application for building permit and the Building In- spector's September 20, 2010 Notice of Disapproval, concerning proposed ac- cessory in-grouod swimming pool at: 1) location other than thc code required rear yard. Location: 465 Old Harbor Rd. (ROW), New Suffolk, NY. SCTM#1000- 117-3-11.5. 11:10 AM- DONALD lL and JANIS G. ROSE g6430- Requests for variances from Code Section 280~124, based on an apphcatinn for building permit and the Building Inspector's September 10, 2010 Notice of Disapproval concerning re- construction of a single family dwelling: ( 1 ) less than the code required combined side yard setback of 25 feet (2) less,than the code required rear yard setback of 35 feet. Location; 145 King Street ent, NY. SCTM#1000-26-1-23. Carryover Heatings, continued from prior meetings and pending additinna[ information: Adjourned from Public Hearing Sep- tember 23, 2010: 1:00 PM - LOUIS and ELIZABETH ~ASTRO # 6417- Request for Variance from Code Sections 280 116lB) and 28(I- 124. based on an application for build- mg permit and the Building Inspector's June 14, 2010, amended September 8, 2010. Notice of Disapproval concerning proposed demolition and recoustruc- x.~, ~H~I~TINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. O1.V0610BO60 Quallfl®¢t in 8uffol~ ~ounty t~on of a nexv single family dwelling at; code required ~0 sq. ft. L~atinn 405 I) less than the c~e requ'red bulkhead ~n*ate Rd. 83 and ROW, (adb to Jockey setback of 75 feet, 2) less than the code ~:i.~), Southold NY. required minimum side yard setback of 10 feet, 3) less than the code required . total comb~ed side yards of 25 feet. 4) .~ PM - ~OMAS V. PE~LO, lessthanthecoderequiredrearyard~et- ~g'O~ - Request for Var~nce from back of 35 f~t. Location: 1595 Bayview on an application forbo?dingpermit and Ave., (adj. to Arshamomque Harbor) the Building lns~ctor s ~ptember 23, Southold. NY. S~81~-52-5-9. 2010, amended Octo~r 20, 2010 Notice Re-opened from Public Hearing Cc- of Disapproval,~n~mingproposedac- tober 21, 2010 cessory garage at: 1) less than the code 1~ PM - REG~A'S GARDEN requir~ side yard sethack of 10 feet. 2) LLC ~ - Request for Vari~ce from location other than the code required ~de Sections ~d3 and ~14, based rear yard. ~tion: 1410 Great pecoinc on an appli~tion for building pemit to lng building, and the Building Inspec ~e Board of Appeals will hear all toffs March 10, 2010, Noti~ of Disap~ pemons or their rep~sen~tives, desir- proval s~ting ~at ~e pro~sed use on lng to be heard at each hearing, and/or this parcel in the AC zone is not per- desking to submit w~tten statements mitred and ex~eds the ~de permitted before the ~ncl~inn of each hearing. number of uses ~r ~e Bulk schedule. ~cation: 115~ Sound Ave., Mattituck. Each hearing MIl not start earlier than S~M~1~-120-3-5. designat~ above, files are available for Adjourned from Public H~g Cc- review dur~g regular business bou~ lober 21,~10: and phor to the day of the hearing. If you have question~ please contact our 2~ PM - ~RK and SHARON office at (631) 7~-18~, or by email: ~L~CK g~ - Request for Vari- Vicki. Toth~own. Southold.ny. gs. ance ~om Article III, Code Section 280 Dated: November 1, 2010 ' 15, based on an application for building ZONING BOARD OF APPEALS permit and the Building Ins~ctor's Sep- tember 23, 2010, amended October 13, LESLIE ~NES WEISMAN, CHAIR- 2010 Notice of Disapproval, concerning PERSON proposed a~essory garage at 1) less than BY: ~c~ Toth the code req¢ired Ronl yard setback of 54375 M~n RoM (Office 35 feet both front yard~ 2) less d~an the 53~5 Main RoM {Maffin~SPS} P.O. Box 1179 code required side yard setback ol ~J Southold, NY 11~1-0959 feet, 3) square footage of more than the 10~0~5 1T 11/18 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · RO. 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.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTI-IOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 23, 2010 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, SEPTEMBER 23~ 2010: 1:00 PM - REGINA'S GARDEN LLC #6388 - (adj. from July 29, 2010) Request for Variance from Code Sections 280-13 and 280-14, based on an application for building permit to operate a farm office in a non conforming building, and the Building Inspector's March 10, 2010, Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted and exceeds the code permitted number of uses per the Bulk schedule at: 1150 Sound Ave., Mattituck. SCTM#1000-120-3-5. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Tot h(~,,Town.So uthold, ny. us. Dated: September 1, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 9914 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 9th day of September1 2010. Sworn to before me this _ ~,~ ~X'L NONCE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY SEPTEMBER 23, PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of theTown Law and Town Code Chapter 280 (Zoning), Town of Southold, the foilowing public hear- ings will be held by the SOUTHOLD TOWN ZONING BOARD OF PEALS at the Town Hall, 53095 Main Road, EO, Box 1179, Southold, New York 11971-0959, on THURSDAY SEP~ TEMBER 23.2010: 9:30 AM - ANTHONY S. CAMPO g6411 - Request for Vatiance from Code Sections 280-124 and 280-i16, based on an application for building permit and the Building Inspector's June 3, 2010 Notice of Disapproval concerning demolition and construction of a new single-family dwelling'at 11 less than the code required front yard setback of 40 feet, 2) less than the code required rear yard setback of 50 feet, 3) less than the code required bulkhead setback of 75 feet; at: 1165 Frsherman's Beacit Rd., (adj. to Cutchogue Harbor) Catchogue, NY. SCTM#1ff00-111-1-26. 9;50 AM - RICHARD Z and JOANN SAVARESE #6415 - Request for Vari- ance from Code Section 280-124, based on an application for building permit and the Building Inspector's May 26. 2010. Notice of Disapproval concerning proposed demdiifion and construct new single-family dwelling, at; 11 less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet, at: 2575 Old Orchard Rd., (adj. to Orient Bay) East Marion, NY. SCTM#1000-37~-7.1. 10:15AM STEPHANOS STE- FANIDES #6413 - Request, for Vari- ance from Code Sections 280-116(B) and 280-124, based on an application for building permit and the Building In- spector's June ii, 2010, Notice of Disap- proval concerning proposed alterations/ additions and "as built" deck addition to seasonal dwelling, at; 11 less than the code required bulkhead setback of 75 feet, 2) less than the code required minimum side yard setback of 10 feet, · U less than the code required total com- bined side yards of 25 feet, 4) less than the code required rear yard setback of 35 feet, 5) more than the code required total lot coverage of 20%, at: 780 Rabbit La., (adj. to Gardiner's Bay) East Mari- on, NY. SCTM#1000-31-18-17. 10:40 AM - CUTCHOGUE NEW SUFFOLK HISTORICAL COUNCIl, #6416 & 6420- Request for Variance from Speeiai Exception per Code Sec- tion 280-I3B(15) and Variance from Code Section 280-18 based on an appli- cation for building permit and the Build- ing Inspector's July 19, 2010, Notice of Disapproval concerning construc on of a new building #6416 - owners request a Special Exception for Historical Society, #6420 - less than the code required front yard setback of 50 feet, at: 27230 Main Rd,, and Case's La., Cutchogue, NY. SCTMgl000-109-5 -6.1. 11:00 AM - DAHNA M. BASILICF g6409 - Request for Variance from Code Sections 280-15, based on an application for building permit and the Building In- spector's May 4, 2010 Notice of Disap- proval concerning proposed construe- tion of accessory garage, at 1) less than the code required side yard setback of 20 feet, 2) less titan the code required front yard setback of 35 feet, 3) more than the code required maxmium lot coverage of 20%; at: 3255 Bayshore Rd., (adj. to Pe- couie Bay) Greenport, NY SCTM# I000- 53-6-8 11:15 AM - ROY WARD g64Q4 - Re- quest for Variance from Code Sections 280-124 and 280-116, based on an appli- cation for building permit and the Build- ing Inspector's March 8, 2010, amended June 3, 2010 Notice of Disapproval con- ceming additions and alterations to an existing dwelling, at 1) less than the code required side yard setback of 15 Ieet, 2) less than the &~le required combined side yard setback of 35 fee, 3) ess ban tlze~ode required setback to a bulkhead of 75 feet;, at: 4075 Stillwater Ave., (East Oreck (Eugene's Creek) Cu tchogue, NY, 11:30 AM- DOUGLAS SLAMA slid ~ This is a request for a Waiver under Code Article II, Section 280-10A, to unmerge [and identified as SCTM #1000-98-5-9, based !,, week(s), successively, commencing on the Principal Clerk j/~,) dayof ~0,~ , 2010. NOTARY P: ':': ~., i;i: '; ~ C ::' NEW on the Building Inspector's July 14, 2010 Notice of Disapproval citing Zoning Code Section 280-10A, which states that the nonconforming lots merged until a total lot size conforms to th~ current bulk schedule (minimum 40,000 square feet in this R-40 Residential Zone Dis- trict) this lot is merged with lot 10 to the south, at: 355 and 405 Robinson La., Pc- conic, NY $CTM#1000-9g'5-9 and 11:45 AM - LOUIS and ELIZA- BETH MASTRO # 6417 - Request for Variance from Code Sections 280-116(B) and 280-124, based on an application for building permit and the Building Inspec- tor's June 14, 2010, Notice of Disap- proval 6oncerning proposed substantial aiteratio3s/additions to dwelling, at; 11 less than the code required bulkhead setback 0f 75 feet, 2) less than the code required minimum side yard setback of 10 feet,, 3) less than the code required to- tal combined side yards of 25 feet, 4) less than the code required rear yard setback of 35 feet, at: 1595 Bayview Ave., (adj. to Arshamomque Harbor) Southold, NY. SCTMg1000-52-5-9. 12:I0 PM - RONALD A. POLLIO #6410 - Request for Variance from Code Sections 280-15 and relief from prior grant g6205, based on an applicatim~ for building permit and the Building insvec- tot's May 25,2010 Notice of Disappl oval concerning "as built" accessory shower, at i) location other than the code re- quired rear yard, 2) relief from Condi- tion gl of ZBA Grant #6205; at: 165 Sec- ond St., New Suffolk, NY SCTM#1000- 117-10-20.5. 1:00 PM - REGINA'S GARDEN LLC #6388 - (adj. from July 29, 20101 Request for Variance from Code Sec- tions 280-13 and 280-14, based on an ap- phcatinn for building permit to operate a farm office in a non conforming building, and the Building Inspector's March 10, 2010, Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted m~d exceeds the code permitted number of uses per the Bulk schedule at: 1150 Sound Ave., Mattituck. SCTM#1000-120-3-5. Carryover Hearings, continued from prior meetings and pending additional information: Adjourned from Public Hearing July 29, 2010: !:30 PM - THEODORE C. MARTZ. JR. #6344. Adjounaed from Public Hearing June 30, 2010: Adjourne~l front Public Hearing July 29, 2010: 2:30 PM - JOHN E. and SHAROb The Board of Appeals will heat all persons or their representatives, deshSng !o be heard at each hearing, and/or desk- lng to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than desig- nated above. Files are available for re- view during regular business hours and prior to the day of the hearing. If you have questions, please contact our Office at (63i) 765-1809, or by emil: PERL1NK muilto ViekLToth@Towl~ Southold.ny. us' Vickl To t hti~Town Southdid.nv.g~, Dated: Sentember L 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIR- PERSON ' BY: Vieki Toth 54375 Main Road (Office Location) 53095 Main Road (MathngFOSPS) EO. Box 1179 Southold, NY 11971-0959 99~4-1T 9/9 ZONING BOARD OF APPEALS 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 August30,2010 Re: Town Code Chapter 55 - Public Notices for Thursday, September 23, 2010 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 6th: 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 alii 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 mailin,q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arran,qements were made in either a written statement, or dur n.q the hearing, providing the returned letter to us as soon as possible; AND not later than September 13th: 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 the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible, 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 September 15st: 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 Posting for receipt by our office before Sept. 21st, 2010. If you are not able to 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: HARBES FOR REGINA'S GARDEN # 6388 SCTM #: 1000-120-3-5 VARIANCE: EXCEEDING NUMBER OF USES REQUEST: FARM OFFICE DATE: THURS, SEPT. 23, 2010 1:00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In ,the Matter of the Application of (Name of Applicants) CTM Parcel #1000- izo.oo - c~ co - co ~.ooo X $OARD OF APPEAL~ AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) residing at ~7/_.~~~ ~ m '~ ~L~/~-~V__~ , New York, being duly sworn, 'depose and say that: ¢ On the '~ . day of *_.~'~ ~~--'~ , 20~ I personally mailed at the United'Stat~s'Post Office in /t~t~TTTT'~_,,~___.~., New York, by CERTIFIED MAll:,, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid., envelopes addressed to current owners shown .~'~ the current asseSsmeDt-tell verified fr~)m the official records on file with the (V~Asse~sors,-o~' ~ ...... . ,....., , ~.~,..,.~ Offic~ i~;"TCe,~,~ So~,.o~_~ ,. for ev.ery .property which abuts and is'across a public or private street, or vehicular right-.of- way of record, surrounding the applicant's property. 8,v~0m to b_e~re me this · 20¢0 ,/ '(Notary Pu61iC) . NO, 015T5046833 ~UALIFIED IN SUFFOLK COUf~/Y/-~4~, ........ . PLEASE list, on the back of tn~s Art~aawt or on.a. snee[ o~ paper, me ~otnumDers next to the owner names and addresses for'which notices were ~iailed. Thank yOU; m m ~ I m $ $5.54 Postmark Here 09/0//2010 $2.30 ~er~ $5,~, m 0952 Postmark Here ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 12o.c,o -oo~.co- oo~'.ooo COUNTY OF SUFFOLK) STATE OF NEW YORK) ~CEIVE~ AFFIDAVIT OF SIGN POSTING l/q'VrCF~--~ , New York, being duly sworn, depose and say that: "' On the day o , I personally placed the Tov~m's official Poster, with tile date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or fight-of-way (driveway entrance) - facing the street or facing each street or fight-of-way entrance;* and that th'at date of I hereby confirm tlmt the Poster has remahled in place for s~Yen days p, fior / the subject hear/ng date, wh/ch hearing date was shown to be __ ~[~J fC to Sv. fom to before me tlhs day / ~otaU Public) SUSAN PISANO NOTARY PUBLIC - STATE OF NEW YORK NO. 01 ST5046833 QUALIFIED IN SUFFOLK COUN'I'Y~ J COMMISSION EXPIRES JULY 17, <:~(,,2 ! *near tile entrance or driveway entrance Cf2uy_pmtaeny' asaheatrea4nost visible-to-passersby: ......... Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs 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 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 29, 20t0 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, JULY 29~ 20t0: 11:00 A. M. - REGINA'S GARDEN LLC #6388 - Request for Variance from Code Sections 280-13 and 280-14, based on an application for building permit to operate a farm office in a non conforming building, and the Building Inspector's March 10, 2010, Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted and exceeds the code permitted number of uses per the Bulk schedule at: 1t50 Sound Ave., Mattituck. SCTM#t000-120-3-5. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vicki. Tot h(~,Town. So uthold.ny.us. Dated: July 1, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING BOARD OF APPEALS 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.north fork.net June 30,2010 Re: Town Code Chapter 55 - Public Notices for Thursday, July 29, 2010 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 14th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the 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 mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than July 21st: Please either mail or deliver to our office your Affidavit of Mailinq (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 signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. 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 21st: 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 Posting for receipt by our office before July 27, 2010. If you are not able to 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. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: HARBES FOR REGINA'S GARDEN # 6388 SCTM #: 1000-120-3-5 VARIANCE: EXCEEDING NUMBER OF USES REQUEST: FARM OFFICE DATE: THURS, JULY 29, 2010 11 AM If you are in.terested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 9847 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at MaEituck, 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 ~ week(s), successively, commencing on the 15~ dayof July, 2010. 'Prihcipal Cle~ ~,;~ tS, ~lO ~ot~ ~,~rl. ~e AC zone ~ not p~it~ q~t ~r Vn~nc* front ~ SecOon= b~ .....p~t~n for buitdi~ 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 MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Planning Board Leslie K. Weisman, ZBA Chairperson Fax (631) 765-9064 April 5, 2010 Request for Comments ZBA # 6388 Harbes, Edward (Regina's Garden) As confirmed with your office, the ZBA is reviewing the following application. Enclosed are copies of the Building Department's Notice of Disapproval, ZBA application, and current map on file. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. NAME TAX # ZBA # Code Variance Date of PREPARER ZONE DIST Section Stamped OF SURVEY Edward Harbes 120.-3-5 6388 Article III,To oPerate a non-/h~,~ ~3'e for Regina's Section conforming bldg as ':";)sI V 1~ Garden 280-13 & a Farm Office & ") ~t'/ ~ Article III,proposed second 7.-~' ~o*c,.v~ Section use. 280-14 Your comments are requested within 30 days of this letter. If desired, the file is available for review of additional documentation, Thank you. Encls. 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://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 April 5, 2010 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 XlV of the Suffolk County Administrative Code: ZBA File # 6388 Owner/Applicant: HARBES, Edward for Regina's Garden LLC Action Requested: Operate a non-conforming building as a Farm Office and proposed second use on this non-conforming parcel-Bulk Schedule. Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie, J~ Weisman ZBA~rpers7 By: ~"~,(,O~_ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road o 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 May 19, 2011 Charles Cuddy Attorney at Law 445 Gdffing Ave. Riverhead, NY 11901 Re: ZBA File#6388 - Regina's garden Dear Mr. Cuddy: Transmitted for your records is a copy of the Board's May 18, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerel~"l Vicki Toth Cc: Building Dept. tkL~T~ Z '~°~T,~i. NOTICE I .~l~ COUNTY OF SUFFOLK ,,o ,-,,.,..,.~.,,.,*** Ig~,e~ Pro~rt~ Tax ~vice