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HomeMy WebLinkAbout1000-120.-3-5¢~°DD'O0"~. I~O.O&' N e% & Im'iod of ~ (~) ~ imm th~ ~l,tm of ~pproval as per code ~:tlon 100-255. OCT - § Young & Young 400 Ostra~der Ave~z~e, R~verhe~d, Nezv York 63~-727-2303 51 i i- ~ATA TAX LOT 5 AREA = I.OD40 ~=N~INt--~.'5 C.,Ef~TIt=I~ATION 5 L1~.'¢",:--'¢'0 '~ '5 C,E'~TIFIC, ATION PA~.M OFFIOE At: 5ound Avonu~, To~n oF 5out. hold 5uH:olk ~.oun~,~, N¢~ York 1000 120 O~ ~,oun'~B Tc~x ./WoF Dmtrlct lO00 Sec±Ion 120 Block OD Lot 4 ~,ITE PLAN OP PLANNING BOARD MEMBERS DONALD J. WILCENSKI Chair WILLIAM J. CREM~RS KENNETH L. EDWARDS JAMES H. RICH III MARTIN H. SIDOR PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, N-Y Telephone: 631 765-1938 Fax: 631 765-3136 May 21,2012 Charles Cuddy, Esq. 445 Griffing Avenue Riverhead, NY 11901 Re: Site Plan for Harbes-Regina's Garden Located at 1150 Sound Avenue, Mattituck SCTM#1000-120.-3-5 Zoning District: A-C Dear Mr. Cuddy: The Planning Board, at their May 21, 2012 Work Session, found that the requirements listed in the letter dated June 30, 2010, specifically, the installation of an 8'x 8' deep drywell and multiple site plan revisions, have been completed based on the site inspection made May 18, 2012. The site is now in conformance with the Approved Site Plan dated September 281 2011, prepared by Young & Young and certified by Thomas C. Wolpert, P.E. This letter does not condone any changes from the Approved Site Plan and approvals from other agencies; Planning Board approval is required prior to any significant changes to the site. Please, if you have any questions regarding this site plan or its process, do not hesitate to call this office. Very truly yours, Donald J. Wilcenski Chairman CC: Planning Board Heather Lanza, Planning Director Michael Verity, Chief Building Inspector Jamie Richter, Town Engineer Plannin ~Board Site InsPec~on Record Project Name~(~(~- Attending: Purpose of site visit: Notes: MS4 Reporting Illicit discharge on or near site? If Yes, briefly describe: Y or(~__3 (provide copy of this report to Town Stormwater Manager) PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WlLCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 December 13, 2011 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 Re: Approval: Proposed Site Plan for Harbes - Regina's Garden Located at 1150 Sound Avenue, 300' +/- west of Aldrich Lane, Mattituck SCTM#1000-120-3-5 Zoning District: A-C Dear Mr. Cuddy: The following resolutions were adopted at a meeting of the Southold Town Planning Board on December 12, 2011: WHEREAS, this site plan is for the proposed conversion of an existing 1,400 s.f. building to an office in connection with the over-all farm use of the site on 1.03 acres located on the south side of Sound Avenue in the A-C Zoning District; and WHEREAS, the applicant submitted an application for site plan review on May 3, 2010; and WHEREAS, the Southold Town Planning Board pursuant to State Environmental Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3) has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5(c) (3) "agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming" and therefore not subject to SEQRA review; and WHEREAS, on June 1, 2010, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on June 14, 2010, a public hearing was held and closed by the Planning Board for the above-referenced site plan; and Re,qina's Gardens Paqe Two December 13, 2011 WHEREAS, on June 25, 2010, the Town of Southold LWRP Coordinator reviewed the above-referenced project and has determined the proposed project to be consistent with Southold Town LWRP policies; and WHEREAS, on May 18, 2011, the Southold Zoning Board of Appeals granted variances for the above-referenced project concerning the application for a Building Permit to operate a farm office in a non-conforming building and the Code permitted number of uses per the Bulk Schedule in the A-C Zone; and WHEREAS, on May 20, 2011, the Southold Town Architectural Review Committee reviewed and determined that the proposed building was acceptable; and WHEREAS, on June 11,2011, the Mattituck Fire District determined there was adequate fire protection and emergency access for the site; and WHEREAS, on June 27, 2011, the Southold Town Engineer reviewed the above- referenced application and has determined that the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on December 12, 2011, the Southold Town Chief Building Inspector reviewed and certified the proposed site plan as a permitted use in the A-C Zoning District; and WHEREAS, all applicable requirements of the Site Plan Regulations, Article XXIV, §280 - Site Plan Approval of the Town of Southold have been met; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board grants Approval to the site plan entitled "Harbes - Regina's Garden", prepared by Howard W. Young on August 31, 2011 and last revised on September 28, 2011, and authorizes the Chairman to endorse the site plan. Please also note the following requirements in the Southold Town Code relating to site plans: 1. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 2. All storm water run-off from grading, driveways and gravel areas must be contained on site. Re.qina's Garden Page Three December 13, 2011 Proposed storm water run-off containment systems must be inspected by the Town Engineer at the time of installation. Please call the Southold Town Engineer prior to beginning this work. Approved Site Plans are valid for three years from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 5. Any changes from the Approved Site Plan shall require Planning Board approval. Prior to the issuance of a Certificate of Occupancy, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. Should the site be found not in conformance with the Approved Site Plan, no Certificate of Occupancy may be issued unless the Planning Board approves the changes to the plan. A copy of the Approved Site Plan is enclosed for your records. One copy will also be sent to the Building Department and the Town Engineer/Highway Department. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman Enc. cc: Building Dept. w/map Town Engineer w/map PLANNING BOARD MEMBERS MARTIN H. SIDOR Choir WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH HI DONALD J. WILCENSKI MAII,~GADDRESS: P.O. Box 1179 Southald, NY11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3186 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 13, 2011 Charles Cuddy, Esq. P.O. Box 1547 Riverhead, NY 11901 · 8[D6. DEP]'. TOWN' O[ SO[J'iHOLD Re: Approval: Proposed Site Plan for Harbes - Regina's Garden Located at 1150 Sound Avenue, 300' +/- west of Aldrich Lane, Mattituck SCTM#1000-120-3-5 Zoning District: A-C Dear Mr. Cuddy: The following resolutions were adopted at a meeting of the Southold Town Planning Board on December 12, 2011: WHEREAS, this site plan is for the proposed conversion of an existing 1,400 s.f. building to an office in connection with the over-all farm use of the site on 1.03 acres located on the south side of Sound Avenue in the A-C Zoning District; and WHEREAS, the applicant submitted an application for site plan review on May 3, 2010; and WHEREAS, the Southold Town Planning Board pursuant to State Environmental Quality Review (SEQR) (6 NYCRR, Part 617.5 (c) (3) has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5(c) (3)"agricultural farm management practices, including construction, maintenance and repair of farm buildings and structures, and land use changes consistent with generally accepted principles of farming" and therefore not subject to SEQRA review; and WHEREAS, on June 1, 2010, the Planning Board, pursuant to Southold Town Code {}280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, on June 14, 2010, a public hearing was held and closed by the Planning Board for the above-referenced site plan; and Town Hall Annex 54375 Main Road P.O. Box 1179 Southold. NY 11971 0959 Telephone (631 ) 765-1802 Fax (631 ) 765-9502 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM 2011 *See ZBA File # 6388 Chief Building Inspector TO: Martin H. Sidor, Planning Board Chairman FROM: Michael J. Verity, Chief Building Inspector DATE: December 12, 2011 REQUIREMENTS FOR SITE PLAN ELEMENTS & CERTIFICATION Project: Regina's Garden Location: 1150 Sound Ave., Mattituck SCTM# 1000 Section 120 - Block 3_ Lot 5 Date: August 31,2011 Revised Date: September 28, 2011 1. ALL BUILDINGS AND USES SHALL COMPLY WITH CHAPTERS 144 AND 280 OF THE SOUTHOLD TOWN CODE. 2. OFF STREET PARKING BY AUTHORITY OF THE PLANNING BOARD. 3. ALL FENCING, SCREENING AND LANDSCAPING BY AUTHORITY OF THE PLANNING BOARD. 4. THE PROPOSED USE *Farm Office IS A PERMITTED USE IN THIS AC DISTRICT AND IS SO CERTIFIED. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Date: Re: Michael J. Verity, Chief Building Inspector Brian Cummings, Planner December 12, 2011 Proposed site plan for Regina's Garden SCTM#1000-120.-3-4 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. Description: This site plan application is to convert an existing 1,400 sq. fl. building to an office in connection with the over-all farm use of the site on 1.03 acres located in the A-C Zoning District. Thank you for your cooperation. Encls: Site Plan Ma~liag Address: PO Box 1547 Riverh¢~i, NY 11901 CHARLES K. CUDDY Attorney at Law 445 Oriffing Avenue Riverhead, NY 1 ! 901 Tel: (631) 3694200 Fax: (631) 369-90g0 e-mail: .charles,cuddvf*&vcrkomn et December 6, 20! I VIA FACSIMILE- (631) 765-3136 Brian Cummings, Provisional Planner Southold Town Plan.ing Department PO Box 1179 Southold, NY ! 1971 Re: Harbe~ Winery and Regina's Garden Farm Office Dear Mr. Cummings: DEC - 6 2011 This is to advise that Mr. Harbes agrees to placing a fence along the property linc on thc south side of Sound Avenue and to mark an entrance and exit to thc poxking ama. In addition the Harbes Farm will have a parking attendant and a person d/recfing patrons to a crossing site. My understanding is the foregoing complies with the Board's require~nents and the winery may now be approved. I would appreciate your also confirming that the Harbes (Regina's ~ardan) farm office will be the subject of a resolution approving the site plan at your December 12'" meeting. Thank you. CRC:ftc Enclosures cc: Heather Lanza, Ple. nning Director Very truly yours, WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, November 14, 2011 2:30 p.m. Executive Board Room, Town Hall Annex 2:00 p.m. Executive Session 2:30 p.m. Applications Description: This site plan is for the proposed construction of a 5,200 s.f. horse barn connecting to a 14,400 s.f. indoor arena for the keeping/breeding/raising ' and training of horses and a riding academy with 10 parking spaces. Also on the property are a 1,140 s.f. single-family dwelling, a 1,965 s.f. frame barn and a 700 s.f. frame building. -~-~"~?~'i ........................ Pendinl~ Action: _S~tat__u_s__Up-date review nei~!hbors concerns. Att~a~c_h_m__e nts_: ............ ~_ta__ff...R~po__rt.- Project name: t Metro PCS at Ju_ng_e_ - Cutchoeue ~ .S_C__TM#:~1000- _96~- 1_- 1~9_..'~ ........... ~ Description: ~ ............................. ~ll...2e~ht of 8 6 ~n the LI Zomng_ D~stnct. Status: ................................................. .................................... t _..N_..~w _A_pj~_licatio n Attachments: roject name Hampton Hearth (formerly -~ SCTM#- F 1000 62 3 38 ............ i ;Periwinkle i__L..o.c~a~_i~o~_n_;. .... ~ southwest corner of NYS Route 25 and Tow~)r i Descriptior~? .......... ~ ........ i t~r{ a residence to j~..;.._.: ............................. __+_a_E_P_r .... ed site~.a_n for 2,660 s_cI. ff stora e buildin I ~.[_..a_~us: J Approved ..................................................... ~ Action' i Stat.~ U,, ,~*~ ............ _' ........................ ~_ ....... _~-,~ Attachments: ~ 8119/11 letter from P ann ng Board to .-P-.r~j-e-9_t.~_a_n~A: ~L.H_a__r. bes/Re_gina'$ Oa~len I SCTM#' i 1000 120 3 5 Location: 1150 Sound Ave Matt tuck an o~ce in connection with the over-all fa~ use of the site on 1.03 acres~ Status: ~ Pending ~ i...~_~gn~ L ~atus Up-date i i A~achments: J St~-~ ~ Southold Town Planning Board PaRe Two November 14, 2011 -15~0-J'~t-~ ......... i Connecticut Municipal Electric ~§(~#: i 1000-6-8~-~-~-§'i-~' .............................. i Energy Cooperative Location: ! 1866 Central Ave. Fishers Island Description: ~ Addition of 993 sq. ~. to the existing 7,144 sq. ~. diese~lectric generator ............................................. ~. f~cili~ 47, 441 s~arc~_[..!~.~~ i~ t_~_B_~.~e~_~st~[~ ............................. _~ ..................... ~_.E~Q~]~e~dingJ nspection ~-~-~ .............. ]' Draft Le~er Location: 29525 Route 25, Orient Description: This subdivision proposal will subdivide a 17.5 acre parcel into 2 lots, where Lot 1 = 14.5 acres with 12 acres sold as Development Rights to ...................... _~_.u_ffolk Co~_nty and w_h_ere__L_o~t~2~=..3__a_cres. Status: L New App_lication Action: i Review application for completeness. Attachments: ~ Staff Report LProject name: -' Stanton, Phil & Jennifer l SCTM#: f.1_0__0_0-64~-1-2~_ ! This proposal is for a 3 lot standard subdivision in the R-40 Zoning L ....................... ....................................................... , Action: ~ Review s~te visit. Attachments' ! Staff Re ort 3:45 p.m. Review Public Meeting Agenda Lanza, Heather From: Sent: To: Subject: charles cuddy [charles.cuddy@verizon.net] Friday, October 28, 2011 2:26 PM Lanza, Heather Edward Harbes and Regina's Garden, LLC Dear Ms. Lanza; We recently discussed when a resolution would be adopted granting final approval to the farm office at the Harbes farm complex at Sound Avenue, Mattituck. My initial understanding was once the Zoning Board of Appeals approved the use, the Planning Board would promptly follow suit. It was then discovered that items were missing from the submitted plan. Young and Young then revised the plan to include the name of the owner, the tax map number, location of the drainage structure, and the notation that it is for farm office use. I would hope that this de minimis farm use, where there will be 3 or 4 people working in the office, not all of them at the same time, would permit the Board to grant approval without a hearing. The ZBA held extensive hearings. No one opposed the application. This is a farm use at a farm site. I submit it should be placed before the Board for final approval. Charles R. Cuddy Box 1547 ]~iverl~ead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRIFFING AX/ENUE RiVERHEAD, NEW YORK TEL: (631) 369-82tX) FAX: (631) 3tO-9~kql E-mail: cha rles.cuddy{i,verizon, m,t September 23, 2011 Heather Lanza, Planning Director Southold Town Planning Department PO Box 1179 Southold, NY 11971 Re: Regina's Garden, LLC-Site Plan SCTM#1000-120-3-5 Dear Ms. Lanza: ~g~ You had requested a revised site plan for the farm office parcels. It is enclosed and sets forth the information requested in the letter of June 30, 2010, including the siting of the leaching pool. Would you please have the Planning Board adopt a resolution approving the site plan so Mr. Harbes may obtain a building permit to renovate the interior of the building. Very truly yours, Charles R CRC/ik Enc. blaihng Address: EO. Box 1547 Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445 GRI FFING AVENI JE I-"I\'ERHEAD, NEW YORK July 21, 2011 Hr TEL: (031) ~9-81~0 FAX: (631) E-maih el~a rles.cL,~l~lyO::verlzo,~.,~et Heather Lanza, Planning Director Southold Town Planning Department PO Box 1179 Southold, NY 11971 Re: Regina's Garden, LLC-Site Plan SCTM#1000-120-3-5 Dear Ms. Lanza: In connection with the review of sales office for Regina's Garden, LLC (Harbes) at Sound Avenue, Mattituck, enclosed is a copy of the Declaration of Covenants recorded with the Suffolk County Clerk. Please advise if anything additional is required in order to complete the Board's review. CRC/ik Enc. Very truly yours, Charles R. Cuddy~/ JUL 2 5 20'11 COUNTY CLERK*S OFFICE STATE OF NEW YORK COUNTY OF SUFFOLK CC #: C11-26540 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 my office on07/'1912011 under Liber D00012665 and Page 9'15 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 JUL 2 5 2011 ! SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE T~pe 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 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 County LIBER: D00012665 PAGE: 915 Section: Block: Lot: 120.00 03.00 005. 000 EXAMINED AND CHARGED AS FOLLOWS · Numbe~ of pages This document will be public record. Please remove all Social Security Numbers prior to recording. Deed / Mortgage Instrument Deed / Mortgage Tax Stamp FEES Page / Filing Fee Handling 20. O0 TP-584 Notation EA-52 17 (County) EA-5217 (State) ..P.T.S.A. Comm, of Ed. S. 00 Affidavit Certified Copy NYS Surcharge 15. O0 Other Sub Total 4 Dist. Real Propel Tax Service Agency Verificatio~ 1000 12000 0300 005000 6 8 Satisfactions/Discharges/Releases List Property Owners Mailing Address RECORD & RETURN TO: Charles R. Cuddy, Esq. PO Box 1547 Riverhead, NY 11901 Regina's Garden, LLC 00 RECOROE[:, 2011 Jul 19 05:51:15 JUDITH A. PASCALE CLERK OF SUFFOLK COUFITV L 000012665 P 915 Recording / Filing Stamps 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· 5 Community Preservation Fund Consideration Amount $ CPFTaxDue $ Improved Vacant Land TD TD TD Mailto: Judith A. Pascale, Suffolk County Clerk 17I Title Company Information 310 Center Drive, Riverhead, NY 11901 ICo. Namel www.suffolkcountyny.gov/clerk I I litle # , Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants by: (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated, in SUFFOLK COUNTY, NEW YORK. made TO In theTOWN of Southold Town 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) DECLARATION OF COVENANTS THIS DECLARATION made this day of ~/~&4/)/ ,2011, by Regina's Garden LLC, a New York Limited Liability Company with an office~!ogated 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 1.1 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 mn 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- which is not related to fanning operations on the surrounding tracts of land (SCTM#1000-120-03-11.10; 1000-120-3-11.9; 1000-120-3-I 1.8; 1000-120-3- 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 By: ~, STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) On the3,~ day of t~A~x~ in the year 2011 before me, the undersigned, personally appeared, ~ ~((52. q4 gm, 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 instnnnent 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 insntrument. Notary Public ' Page -2- SCHEDULE A 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 R_HD 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. Moiling Address: P.O. Box 15dj Riverhead, NY 11901 CHARLES R. CUDDY ATTORNEY AT LAW 445GRIFFING AVENUE RIVERHEAD, NEW YORK TEL: (631) 369-82f[) FAX: (631) 369-9tB0 E-maih charles.cuddv(o,verizon.nct June 1, 2011 Heather Lanza, Planning Director Southold Town Planning Department PO Bex 1179 Southold, NY 11971 Re: Regina's Garden, LLC-Site Plan SCTM#1000-120-3-5 Dear Ms. Lanza: For your records, enclosed is a copy of the Zoning Board of Appeals decision. We are recording the covenant as required by that decision. A copy of the covenant is also enclosed. Please advise what additional steps are required in order to obtain site plan approval. Very truly yours, CRC/ik Enc. BOARD MEMBERS 'Leslie Kanes Weisman, Chairperson James Dinizio, Jr. 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 SOUTItOLD Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MAY 18, 2011 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. Ithas 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 - Regma'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, 201 I. 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 true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). 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 pumhase 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 Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Weisman (Chairperson), blorning, Goehringer, Dinizio, Schneider. This Res tion was duly adopted (5 -0). Leslie Kanes Weisman, Chairperson Approved for filing ,~/5 ? /2011 DECLARATION OF COVENANTS THIS DECLARATION made this day of ~V~/3/ ,2011, by Regina's Garden LLC, a New York Limited Liability Company with an office~located at 71 $ 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 1.1 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- which is not related to farming operations on the surrounding tracts of land (SCTM#1000-120-03-11.10; 1000-120-3-11.9; 1000-120-3-11.8; 1000-120-3- 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 fanning 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. STATE OF NEW YORK) SS.: COUNTY OF SUFFOLK) Regina's Garden LLC the.~,q day of t'~.~x/ in the year 2011 before me, the undersigned, personally appeared, On ~OB(CC~ q4 ~l. dg, 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 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 MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI June 30, 2010 PLANNING BOARD OFFICE TOWN OF SOUTHOLD M.~H JNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Edward Harbes 715 Sound Avenue Mattituck NY 11952 ae~ Site plan application for Harbes Reginas Garden SCTM# 1000-120-3-5 Dear Mr. Harbes: I'm writing as a follow up to the work session held on June 28, 2010 where the following was discussed and map changes were requested in connection to your site plan. Please revise in accordance with the following comments and submit (7) copies to the Planning Department for review. 1. The Planning Board requested a site inspection with the Town Engineer to determine the location and size of a drainage structure to be installed in the parking area. As you are aware, there was an on site meeting as requested the following day whereas it was determined an 8' deep 8' diameter drainage structure be installed at the low point adjacent to the tree. 2. The Planning Board agreed to set a target date for final approval of your site plan after the Zoning Board of Appeals makes a determination on your variance application. 3. The Planning Board Requested the following map changes to be drown on the plan: a. Provide the drainage information as discussed above. b. Add the SCTM number, name and address of applicant, zoning designation on the site plan. c. Provide a notation that the approved site plan is for a farm office use only in connection with the overall farm use of the site and will not be open to the public. Contact the Planning office anytime with questions you may have. Thank you. Since[ely, Kristy Winser Senior Planner Cc~ Planning Board Heather Lanza, Planning Director WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 28, 2010 4:00 p.m. Applications Location: 1150 Sound Ave, Mattituck ~s~ip{i~ni : This site plan application is to conve~ ~ ~i~ii~":i'i'~6~'~:{: office in connection with the overall farm use of the site on 1.03 acres located on the south side of Sound Ave, 300 feet west of Aldrich Lane, in ~e AC.Zoning District. Status: New Site Plan Action: Review site plan. and.c~r~r;nen~s~ Attachments: Staff Repo~t Locat on 31095 Ma n Road, Cutchogue Descr pt.gn , Spec a Ex(~ep~.~n.~o 9per~t~ ~ N~!~sery S~hoo Status: ZBA Request for Comments Action: : Review draft comments. Attachments; Draft Comme~t~ Project name: Fischer Danie! SCTM#: 1000-15-8-1.1 Location 38785 NYS Rt. 25 Orient Description: This is a proposed 2 lot standard subdivision of a 1.6682 acre parcel where Lot 1 would total 36,333 square feet and Lot 2 would total 36,332 square feet in the R-40 Zoning District. ZBA approvals (area and setback).have, beer! granted fo~ this preperty~ Status: ............... ................................................. Action: Accept application for preliminary approval, start SEQRA, schedule , P.[.e.!!minary public, h. eadng. Attachme.n~s.; ~Staff RePOrt -F!me Line .Check List Location: on the north side of Orchard Street, approximately 1,008' west of Platt ~ Road, in Orient ~iptioni ¥iiiS proposal is for a standard subdivision to subdivide a 10-acre parcel :i into two lots where Lot 1 is 1.5 acres and Lot 2 is 8.5 acres, inclusive of ' S~atus: Conditiona!. Sketch. A.pp~a! Action' Acce t Prelimina A lication- schedule relimina public hearing Attachments OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Martin Sidor, Chair Town of Southold Planning Board // _/ From: MarkTerry, Principal Planner ~>,, LWRP Coordinator Date: J~¢"24, 2010 JUN 2 5 2010 Re: Regina's Garden, LLC SCTM# 1000-120-3-5 This site plan application is to convert an existing 1,400 sq. ft. building to an office in connection with the over-all farm use of the site on 1.03 acres located in the A-C Zoning District. No alterations to the buildings are proposed. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is CONSISTENT with the below listed policy and therefore is CONSISTENT with the LWRP. Policy 12.2. Establish and maintain favorable conditions which support existing or promote new coastal agricultural production. Promote new and maintain existing local support services and commercial enterprises necessary to support agricultural operations. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kristy Winser, Senior Planner PLANNING BOARD MEMBERS MARTIN H. ~IDOR ~ha~r WILLIAM J, CREMERS KENNETH L EDWARDS DONALD J. WILCENSKI JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRI/SS: P.O, Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765~1938 Fax: 631 '/65-3186 June 15, 2010 Ms. Susan Pisano 715 Sound Avenue Ma~ituck, NY 11952 Re; Close Hearing: Proposed Site Plan for Regina's Garden, LLC Located at 1150 Sound Avenue, Mattituck SCTM#1000-120-3-5 Zoning District: A-C Dear Ms. Pisano: A public hearing was held by the Southold Town Planning Board on Monday, June 14, 2010 regarding the above-referenced Site Plan. The public hearing was closed. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman IATI'ITUCK FIRE DISTRIC PO BOX 666, PIKE STREET MATI'ITUCK, NEW YORK 119524)666 David F. Haas, Chairman Norman A, Rellly, Jr., Vice Chairman Lloyd H. Relsenberg Wllflam G. Young John C. Ha~ison, Secretary Barbara Dlckerson, Treasurer June 11, 2010 Southold Town Planning Board Ms. Kristy Winser, Sr. Planner P O Box 1179 Southold, NY '~ 1971 Re: Harbes / Reginas Garden SCTM#: 1000-120-3-5 Dear Ms. Winser; The Board of Fire Commissioners of the Mattituck Fire District reviewed the above mentioned site plan application and make no additional recommendations other than that all drives be cleared and maintained to meet Southold Town Code. If you require any additional information please do not hesitate to contact me. Sincerely, Secretary/Fire District Manager CC: Board of Fire Commissioners Chief Office (631) 298-8837 Facsimile (631) 298-8841 SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)- 765- 9015 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel. (631) - 765 - 1560 JAMIE.PdCHTER~TOWN.SOUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Martin H. Sider Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 June 11,2010 Re: Harbes / Reginas Garden Site Plan SCTM #: 1000-120-03-05 Dear Mr. Sidor: As per a request from your office, I have reviewed the schematic design of the partial site plan for the above referenced project. Please consider the following: 1. This Site Plan represents the restoration of an existing Structure that will be renovated into an Office Use. Please keep in mind that this reconstruction is subject to the Building Permit Process and must file applications with the Building Department. 2. The only other recent modification to the site that is evident from the Site Plan would be the indication of 6 Parking Spaces. While this parking may appear to be existing infrastructure, there are no indications that drainage systems were provided to contain the runoff generated by this area. It is recommended that a storm water assessment / drainage plan be provided. 3. This site plan indicates a change of use to the properties located on the south side of Sound Avenue in an area that has had traffic related issues in the past. Any change to the traffic patterns in this area could have negative impacts on safety for both vehicular and pedestrian traffic. Therefore, and at this time, it is recommended that this change and/or modification to this site plan be submitted to the Transportation Commission for there review and input. If you have any questions regarding this ~review, please contact my office. cc: Peter Harris, Superintendent of Highwa~ys Neb Brashish, Chairman -Transportat~n~bmmission AFFIDAVIT OF POSTING ,,This~ is to serve, ~.n°tice that I personally,, posted the property known a~A,r..A-~._lec~_ ~zo-o=:-o~Sc ,~p,~ _ by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days ,p. rior to the date of the public hearing on ~4~o~.~ ~ ~-~*-~ 4Z[, Zo(o ~ G.o~'- A.~A. I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts ;)nd every property which is across on Se.-~ ~,~s;.~ A_.5,~ . Signature Address /L;LA¥ ,'ZOtO Date Nota rv/P.i,d~lic ~ · ,~ ./.~__ NOTARY PUBLIC, STATE OF N~ ~ I QU~F!ED ~~ J NO. 01~ o[ COUU~SS~ON ~Pi~ ~Y~ JUN - 9 2010 PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon: Fri. 6111/10 Re: Proposed Site Plan for Regina's Garden, LLC SCTM#s: 1000-120-3-5 Date of Hearing: Monday, June 14, 2010, 6:05 p.m. Return Receipt Fee (Endorsement Required) Res doted Oetlve~y Fee [:1 (EndorSement Requ red) PoStmark Here '1.2,30 $5,~4 05/2g/2010 Agent B. Received by ( 1, A~flcle/~dreseed to: D. Is dellv~y address different from Item 1 ? If YES, enter deiivefy address [] No 3' [~hg~l I~ Express Maij [] Registered ~etum Receipt for Memhandlse [] Insured Mall [] C.O.D. 4, Restlfoted De~ivef3~? (Ex~a Fee) [] Yes 2. A~tlcle Number ~'~n~ 7009 2820 0002 5983 8058 PS Form 3811, February 2004 D0mestrc R~ um Receipt · Completeltems 1,2, end 3..Nso complete A. Sig·g~umm item 4 if Restrfctad Deitve~ is desired. · Print your name and address on the reverse X~[ ~,---z~- u,-,--~,~ ~ Addn~see Agent SO that we can return the card to you. B R ............ · Attach this card to the back of the mallph~ce, . [~ea~gy(~/nted~v~cT~) C.~l~tej~fDe~,ery [~Certifled Mail [] Expres~ Mall It 95'Z. [].,~,~ I~'l~et um Recelpt for Ma m~m 4. Restnct~ ~e,~¢, ~ Fee) ~ PS Form 381 1, February 2004 Dot 1o25~ item 4 if Resbictad Dellve~ Is desired. ~ I1~ Print your name and address on the reverse so that we can retum the card to you. · AttaChor on thethisfrontCmdff tOspacethe baCkpermits.Of the maJlpiece, D. I$ de~ address o~mnt from item 17. 1. Article Addressed to: If YES. enter delivery address below: [ t I~ ~ ~_. [] Regl~e~d l~"Retum Receipt for ~ ~ [] Insured Mail [] C.O.D. 4. Restrictad Delivery? (Extra Fee) [] 2.~io~N=mber 7DB9 282D DDDP 5983 8D'l.B (Transfer ~om serv/ce/abe/) PS Form 3811 February 2004 Domestic Return Receipt i025~, PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 O~YtCE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To: From: Date: Re: Michael J. Verity, Chief Building Inspector Kristy Wisner, Sr. Planner (~ June 1, 2010 Harbes Regina's Garden SCTM#1000-120-3-5 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. Description: This site plan application is to convert an existing 1,400 s.f. building to an office in connection with the over-all farm use of the site on 1.03 acres located in the A-C Zoning District. Thank you for your cooperation. Encls: Site Plan PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMEP,,5 KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND June 1, 2010 PLANNING BOARD OFFICE TOWN OFSOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 Oi~'i~'lCE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Mr. John Harrison c/o Mattituck Fire District P.O. Box 666 Mattituck, NY 11952 Re: Request for review on site plan application known as Harbes / Reginas Garden Located 1150 Sound Ave SCTM#1000-120-3-5 Dear Mr. Harrison The enclosed site plan application, referenced above, is being referred to you for your comment on matters of interest to the fire depathnent, including fire department equipment access, emergency services, and any other issue that may be of concern or relevance to this application. Please respond with your recommendations at your earliest convenience. Project Description: This site plan application is to convert an existing 1,400 s.f. Building to an office in connection with the over-all farm use of the site on 1.03 acres located in the A-C Zoning District. Please contact me at (631) 765-1938 if you have any questions. Thank you for your cooperation. Sincer?ly/ Kristy Winser Sr. Planner Encls.: Site Plan PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Date: Re: Tax Map Number: Location: Type of Application: James Richter, Engineering Inspector Kristy Winser, Sr. Planner ~ June 1, 2010 Harbes/Reginas Garden 1000-120-3-5 1150 Sound Ave, Mattituck X Grading and Drainage Plans (Dated: ) Other (AS BUILT) (Received: 5/19/10 ) Project Description: This site plan application is to convert an existing 1,400 s.f. Building to an office in connection with the over-all farm use of the site on 1.03 acres located in the A-C Zoning District. Thank you for your cooperation. Encls: Site Plan PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM j. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To-- From: Date: Re: Mark Terry, LWRP Coordinator Kristy Winser, Sr. Pianner~ June 1, 2010 Request for review on site plan application known as Located 1150 Sound Ave Harbes / Reginas Garden SCTM# 1000-120-3 -5 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. The file is available at your convenience. Description: This site plan application is to convert an existing 1,400 s.f. Building to an office in connection with the over-all farm use of the site on 1.03 acres located in the A-C Zoning District. Thank you for your cooperation. 980O 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 3rd day of June, 2010. Principal Clerk Sworn to before me this day of t_~.X.¢' 2010, NOTAI~Y ~'u~' ~c-S;,-,f~ Ot: NEW YORK PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOAP, D OFFICE TOWN OF SOUTHOLD 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 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, $outhold, New York on the 14th day of June, 2010 on the question of the following: 6:00 p.m. Proposed Site Plan for Barb's Veggies located at 4195 NYS Route 25, Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-86-1-15 6:05 p.m. Proposed Site Plan for Regina's Garden, LLC located at 1150 Sound Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-120-3-5 Dated: 5/25/10 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, JUNE 3, 2010 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 Kalin, Carol From: Legals [legais@timesreview.com] Sent: Tuesday, May 25, 2010 12:21 PM To: Kalin, Carol Subject: RE: Legal Ad for June 3rd Edition of Suffolk Times Hi Carol, I have received the notice and we are good to go for the 6/3 issue, Thanks and have a great Holiday weekend! Candice From: Kalin, Carol [mailto:CamI.Kalin@town.southold.ny.us] Sent: Tuesday, May 25, 2010 9:48 AM To: Legals Subject: Legal Ad for June 3rd Edition of Suffolk Times Please print the following legal ad in the June 3rd edition of the Suffolk Times for the Planning Board's public hearings on June 14th (Barb's Veggies and Regina's Garden). Please confirm receipt. Thanks. Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold, NY 11971 Phone:(631)765-1938 Fax: (631)765-3136 Carol. Kalin~town.southold.ny.us 5/25/2010 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Article XXV of the Code of the Town of Southold, a public hearing will be held by the $outhold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 14th day of June, 2010 on the question of the following: 6:00 p.m. Proposed Site Plan for Barb's Veggies located at 4195 NY$ Route 25, Peconic, Town of $outhold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-86-1-15 6:05 p.m. Proposed Site Plan for Regina's Garden, LLC located at 1150 Sound Avenue, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-120-3-5 Dated: 5/25/10 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 25th day of May, 2010 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 6/14/10 Regular Meeting: 6:00 p.m. 6:05 P.M. Public Hearing for the proposed Site Plan for Barb's Veggies, SCTM#1000-86-1-15 Public Hearing for the proposed Site Plan for Regina's Garden, LLC, SCTM#1000-120-3-5 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this ~:,~'~'~:'day of ~r~l~ , 2010. Notary I~ic v MELANIE DOROSKI NOTARY. PUBUC,State of New Yo~ No. 01D04634870 Oualified in Suffolk County ~ommission Expires September 30, PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 May 25, 2010 Ms. Susan Pisano 715 Sound Avenue Mattituck, NY 11952 Re; Set Hearing: Proposed Site Plan for Regina's Garden, LLC Located at 1150 Sound Avenue, Mattituck SCTM#1000-120-3-5 Zoning District: A-C Dear Ms. Pisano: The public hearing regarding the site plan for the above-referenced application has been scheduled for Monday, June 14, 2010, at 6:05 p.m. at the Southold Town Hall. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certified mailing receiots AND the signed green return receipt cards before 12:00 noon on Friday: June 11th. The sign and the post need to be returned to the Planning Board Office after the public heario? If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman Encls. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a site plan; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-120-3-5; 3. That the property which is the subject of this application is located in the A-C Zoning District; That the application is to convert an existing 1,400 sq. ft. building to an office in connection with the over-all farm use of the site on 1.03 acres. The property is located at 1150 Sound Avenue, Mattituck; That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. 6. Information can also be obtained via the internet by sending an e-mail message to: Carol. Kalin@town.southold.ny.us; That a public hearing will be held on the matter by the Planning Board on Monday, June 14, 2010 at 6:05 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Regina's Garden, LLC Date: 5/25/10 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the ownem of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon~ Fri. 6/11/10 Re: Proposed Site Plan for Regina's Garden~ LLC SCTM#s: 1000-120-3-5 Date of Hearing: Monday, June 14, 2010, 6:05 p.m. Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public hearing this section shall apply. Upon detemaining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public heating thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. NOTICE ~ ~ SOUTHOLD WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, May 24, 20t0 4:00 p.m. Site Plans ~P'roiect name: Shinn Vineyards I SCTM#: I 1000-100-4-3.1 - Location: 2000 Oregon Road, on the s/s/o Oregon Road, 1,162.35' e/o Mill Lane in Mattituck Description: Proposed site plan for the as-built construction of four (4) buildings including a 1,646 sq. ft. wine making and wine tasting building with 336.3 sq. ft.,of deck, a 2,730 sq. ft. wine storage barn, an 884.1 sq. ft. accessory storage building and a 206.1 sq. ft. frame shed on a 979,664 sq. ft. (22.49 acres) parcel whereas, the development area is 53,078 sq. ff. (1.21 acres) in the Agricultural Conservation District. Status: New Site Plan Action: Review re-submission and recommend to schedule the application for final approval. Attachments: I Staff Report Project name: Location: Regina's Garden I SCTM#: I 1000-120-3-5 1150 Sound Ave., on the south side of Sound Ave., 300 feet west of Aldrich Lane, Mattituck This site plan application is to convert an existing 1,400 s:f. building to an office in connection with the over-all farm use of the site on 1.03 acres Description: Status: Action: Attachments: located in the A-C Zoning District. New Site Plan Review site plan application and recommend for the Planning Board to accept the application and begin the referral process. Staff Report Project name: Valero Service Station I SCTM#: ] 1000-102-5-26 Location: on the n/w corner of Main Road and Depot Lane, Cutchogue Description: This site plan is for the conversion of an existing automotive repair shop and gasoline service station to a convenience store and gasoline service station on an 18,473 sq. ft. lot in the Hamlet Business Zoning District. Status: Under Review Action: Review revised plans. Att~ .a_c_h__m, _e n t~sj ............. [...,S_t a_ff_R~ e po rt Project ................... name: ~i Southold Free Library Expansion SCTM# _L_0__ca~ti~n_: ......... I 53705 Main Road, Southold 1000-61-1-14, 15.1 & 15.2 Descfip_t_i_o_n_: ....... ~ Propo__s_e~d _expansion Status: ! ZBA is requesting comments. Review draft comments. Attac__h._~e~nt_s_: .... ~ Draft Comments Sanford Hanauer, Chairperson Reynolds duPont, Jr. Herbert Ernest Joseph Lee Ronald McGreevy Howard Meinke Nicholas Planamento Mark Schwartz Elizabeth Thompson Town Hall Annex 54375 Route 25 PO Box 1179 Southold, NY 11971 Fax (631) 765-6641 Telephone: (631 ) 765 - 1892 southoldtown.northfork, net Town of Southold Architectural Review Committee Minutes 4:00p.m., May 20, 2010 : Town Hall Annex Executive Board Room Members Present: ~ Sandy Hanauer, Chairperson; Ronald McGreevy; Howard Meihke; ~jch61~iS ~ Planamento; Elizabeth Thompson; Kristy Winser, Planner; Elizabeth Cantrell, Secretary The minutes for the April 22, 2010 meeting were approved. Introduction: All applicants will give a presentation consisting of drawings, exterior materials samples and other information required by the Planning Department to the Committee. The Committee will ask questions and make suggestions as part of a general discussion with each applicant. Final recommendations from the ARC will be presented to the Planning Board in the ARC Meeting Minutes, and be made part of the Planning file for that application. The Planning Bgard will consider these recommendations, together with all comments from other agencies, and provide the applicant with a comprehensive written list of its requested revisions. New Applications: · REGINA'S GARDEN SCTM#: 1000-120-3-5 Edward Harbes, property owner & Jerry DeFiore, guest of owner presented the project to the committee. The Committee approves the project as submitted today. Motion made and seconded. All in favor. Submission Without a Cover Letter SCTM#: 1000 - 12.0 Town of Southold Architectural Review Committee Agenda 4 p.m., May 19, 2010 Conference Room at Southold Town Hall Annex , Project name SCTM#: =~ .... i Location: · Descript!0n; Project name Retina's Garden SCTM#: 120-3-5 Location: 1150 Sound Ave, Mattituck Description: This site plan application is to convert an existing 1,400 sf building to an ~: office in connection with the overall farm use of the site on 1.03 acres ocated n the AC Zon ng District. Status: ~ New site plan Action: Review site plan SCTM#: 86.-1-15 Description: Proposed hoop house for storage or vegetable plants, hanging baskets etc. Status: ~ New Site Plan Action: Review hoop house prgp0~a! ..................... Attachments: None Location: PROJECT SCOPING PLANNING APPLICATIONS May 18, 2010 9:30pm ~ ~_ro3_e_.c..~ .n_~_.e.' ' ' ~ 35 1 24 ~ JEMCO Wlne~ ~_SCTM#: ! 1000- - - Location: 825 Route 25, Greenp_.ort Descnpbon: i This site plan is for construction of an 8,419 s.f. building with associated i parking for the purposes of a retail winery on 60.33 acres located in the R-80 Zoni_n.g_ District. L'"§~{-~.7 .......................... ]-~; Site~l~-~ ................................................................ P[gject name ~ Regina's Ga~ .......... L.~p_cat~on: j 1150 Sound Ave, Ma~uck ~ ................................... t.&~_~_.~¢~ [~[93.~paD9; ........ [_~al~6 se~ice ~[~ coca~o~: ~ on ~,~ o~w ~r o~ Ma6~ ~oa~ an~ ~-~[an~, c~o~ ~ and gasoline se~ice station to a ~nvenience store and ga~line se~ice station on an 18 473 s ff lot in the ................................... ~ ....................... ~_..~ ............. Hamlet Business Zonin~ District. ~ Status: Under Review ......................................... - ................................................... i ........ -7~~-/-.- ~-;~----~ .................. ~~q.7~.--~-.----.~-----~~ ~ ~ ......... ................................................... ...... , ~9Jg_9[.B~m~.[ .......... [.~ut~old ~pe L~ra~ ~n~n Lo~tion: ~ 53705 Main Road Southold Descr~tion: Status: ~ New site plan AEachments: PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTLIOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM 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 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.fi 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 ora 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 Ma,y 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 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, May 3, 2010 4:00 p.m. Applications Location: 825 Route 25, Greenport: Description: This site plan is for construction of an 8,419 S.F. building with associated parking for the purposes of a retail winery on 60.33 acres located in the R780 Z0n!ng .DistriCt: Action: Review staff report and site plan materials. Recommend that the Planning Board accepts the application for review and begins the SEQR Process. Att~cl?nents: Staff Report. Locat on ~ 1150 Sound Ave Mattituck Desc~i.pfi.0n.i ; Zgning.B0a.rd. o~ APpea. s Req.uest for .C0mments Status; i N~ s.~e.P.a.n .................................................................. Action: Rev ew draft comments Attachments: Draft memo Subdivisions Location: Oregon Road, Cutchogue Description: Proposed 3 lot standard subdivision on 5.814 acres in the R-80 zoning district Status: ~pen Action: Rev ew y e d subm ss on 4 Attachments: Send draft letter to app cantre nsuffcentyed Location: j The property is located at the westerly terminus of a private right-of-way . which extends north from Kayleig. h's Court in East Marion. Description: This proposal is for a standard subdivision of an 11.4418-acre parcel into two lots, where Lot 1 equals 3.7362 acres, including 1.4354 acres of i open space, and Lot 2 equals 7.6786 acres, including 5.0872 acres of .~gpen.sp.ace~. !n~he R780 Zon!ng District. Status: Action: Review erosion miff ation lan submitted Attachments: S~aff Report 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 //DI?'~ Southold, NY 11971-0959 MEMO TO: FROM: DATE: http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 Planning Board Leslie K. Weisman, ZBA Chairperson April 5, 2010 SUBJECT: Request for Comments ZBA # 6388 Harbes, Edward (Regina's Garden) APR 13 2910 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 Ill, To operate a non- for Regina's Section conforming bldg as Garden 280-13 & a Farm Office & .~ 2.1 Article III, proposed second 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. TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork. net Examined Approved ,20 Disapproved Expiration _, 20.__ PERMIT NO. BUILDi~ PERMIT APPLICATION CHECKLIS' Do you have or need the following, before applying Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: FEB 24 2010 BLDG. OEP[ TOWN OF SOUTFIOLD Building Inspector aPPLICATION FOR BUILDING PERMIT INSTRUCTIONS _,20t0 a. t ms application Mu~ 1 be c~ [pletely 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 &Building ~5ermit' d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. 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 Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulati°ns, for the construction o f buildings, additions, or alterations r .. applicant agrees to comply wzth all applicable laws or ~ ...... ~....,~. o for, re,mov~l or demoht~on as hereto described. The , d ........ , uunmng coue, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. 0 (Signature of applicant or name, ifa' corporation) (Mailing address of applicant) State whether applica¢, t is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner_o~__~grPises ~t/-J ~f,l~- ~~ '~ ~ ~ 7 (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Na}-n~-and title l~ corporate officer~ Builders License No. Plumbers License No. Electricians License N~.. ~'/ag~ -- Other Trade's License N~.. L°ca?prq:°~ ~f land~°~n.~lti~ch plfoposed work will be done: Housel~umber U~/) S~t ~ ~ Hmlet Co~ty T~ Map No. 1000 Section ] ~ Block ~ ~ Subdivision Filed Map No. Lot Lot State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy ~ ~q~ [} ~ ~ Nature of work,~check which applicable): New Building. Repair ~ Removal Demolition. Estimated Cost ~ ~, 0 ~ 0 ~ Fee Addition Alteration Other Work (Description) If dwelling, number of dwelling units If garage, number of cars If business, commercial or mixed occupancy, specify nature and extent of each type of use.~[J~ (To be paid on filing this application) Number of dwelling units on each floor 9. Size of lot: Front Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Depth. Height. _ Number dJ~S!~ries DimensionSHeight of entire new construction:Number Front Of Stories Rear L Dep 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 prcnnises? YES__ NO __ 14. NamesofOwnerofpremises~> ~dress ~01~ }~ PhoneNo.~'~~, N~e of ~cNte~ Ad,ess Phone No Nme of Con,actor 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 REQUI~ED. 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 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this propcu'ty? * YES__ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) COUNTY OF 8~& NO SU,'&, NOTARY PUBLIC - r~Ti..rE OF NEW YORK NO. 01 $T5046833 QUALIFIED ~l,l SUFFOLK COUN'[~i .~ COMMISSION EXPIRES JULY tT,,~a~' being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~'{ ~ t'~,~ t~ ~'~i~--~ (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 th/s 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. Swo,~o~l~fore me th~'~-~A / rqomry ~uonc Signature of Applicant TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL TO: Edward Harbes for Regina's Garden LLC P O Box 1524 Mattituck, NY 11952 Please take notice that your application dated February 24, 2010 For permit to operate a nonconforming building as a Farm Office at Location of property: 1150 Sound Ave., Mattituck, NY 11952 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 XXIV, Section 280-127, Site Plan approval from the Southold Town Planning Board is required. / 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. APPLICATi TO THE SOUTHOLD TOWN BOAI~)F APPEALS Fee: $ Office Notes: For Office Use Only -- Filed By:. Date Assigned/Assignment No. ¢ ~ ~ HouseNo. I~/"~0Street ~)C0[~) .J~.~k~.~ Hamlet SCTM1000Section$~Block ~Lot(s)~-}6 LotSize Zone I (VgE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Applicant(s)/Owner(s): 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: Name of Representative: _ ~/~ for (~ Owner, or ( ) Other: Agent's Address: ~.~)- b~ J~f'~qLa ~/,t~-[-~l-~-~_..~ 1~. tl[t~ Telephone ,.~ __ _ _Fax#:/P~i~' ]~f/'~ Emaii: Plea~it 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 BUILD1NG INSPECTOR REVIEWED MAP DATED 7-j 7-' /1o AN APPLICATION DATED -.~-4~o ~-15s-]t~> FOR: [] Building Permit ~ [] Certificate of Occupancy [] Pre-Certificate of Occupancy ~2 Change of Use [] Permit for As-Built Construction and DENIED Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article 3XI? Section 280- ~ Subsection Type of Appeal. An Appeal is made for: ~3 A Variance to the Zoning Code or Zoning Map. ~ A Variance due to lack of access required by New York Town Law-Section 280-A. ~3 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 N o. Yea r__. (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: OA File# REASONS FOR APPEAL (additional sheets may be used with preparer's signature): ARE,I VARIANCE REASONS: (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: (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 al~lege~difficulty been self-created? ( )Yes, or (,)No. Are there ~ovenants an~ Restrietions concerning this land: tel ~o. [] ¥e$ 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, (PIease besure t~o. consultyourattorney.~ / / Signature of Appellant or Jkuthorized Agent Sworn to befora.~redhis ~lotary Public (Agen! must submit written Authorization from Owner) SUSAN PISANO NOTARy PUBLIC - STATE OF NEW YORK NO. 01ST5046835 OUALIFIED IN SUFFOLK COUN1~ · COMMISSION EXPIRES JULY 17,~/'~ ~ [ Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) ~)f~4~2d~/~ · Date Prepared: I. For Demolition of Existing Building Areas Please describe areas being removed: ii. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: N ~/~ 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: /u'~ k Square footage of your lot: ~. ~ '~ ~1 o ,.~ 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): 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 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 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 operation located in agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk CounO: Department of Planning in accordance with Sections 239- m and 239-n of the General Municipal Law. 1) Name of Applicant: ~/{0/'~i~ ~1~[3~ 4 ~,~/,,~,~,J ./~,~/o¢~ 2) Address ofApplicant: ~).0- ~0~ 1~',,7/4'~ M/[T-FI"~(~ K~ [1~,5t} , 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): 7) Is the parcel within an agricultural district? [] No [] Yes If yes, Agricultural District Number 8) Is this parcel actively farmed? []No ~lYes (,~,c~o>ze ~ 9) Name and address of any owner(s)'of land within the agricultural district Containing active farm operation(s) located 500 feet of the boundary of the proposed project. (Information may be available through the Town Assessors Office, Town Hall location (765-!937) or from any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southold Real Property Tax System. Name and Address 3. (Please U.se 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 Boar~ of Appeals at 76%1809. Signature of Applicant Date Note: 1. The local board will solicit comments from the owners of land identified above in order to consider the effect of the proposed aeti6~ on their farm operation. Solicitation will b~ 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 of 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 et the time the application is submitted for review. Failure to pay at such time means the application is not coenplete and cannot be acted upon by the board. 1-14-09 i~o -T-II, io lies'z- QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [5 Yes [3~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? ~o 2) Are these areas shown on the map submitted with this application? fi/[/k 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 confn'm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ ~ Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? .h/, (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? If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? the proximity of your lands on your map with this application. If yes, please label ~o~1c'~:H' Please,,~ list present use or operations conducted at this parcel ~ ~ ': [c*~ ~x,,,'', a~ *,~- [~,'1 b i ,~ u~ and proposed use 6~b'~ ~jd~ ~ t~.a~k~ ~ ~(~ ~;~ (examples: 'existing: single~amily; proposed: same with garage or ~ol, or other ~cfiption.) ' Authorized Si~a~re and Date 2/05; 1/07 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that am 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 Waterfront 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 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: 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 ora 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) Attach additional sheets if'necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - 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 il'necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section Ili - 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) Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - 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 criteria. [] Yes ~ No [] (Not Applicable - please explain) 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 Ili - Policies; Pages 62 through 65 for evaluation criteria. [] Yes [] No [] Not Applicable - please explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. [] Yes [] No [] Not Applicable- please explain Ap___ ~,Tr~I~?ACTIONAL DISCLOSURE F~JV! YLI(~LE TO O~R, CONTRACT VE~E~ AGE~: The To~ of Southold's Code of~thics prohibits conflicts of interest on the paa of To~ officers and employees. ~e pu~ose of this fo~ is to provide info~ation, which can aka the To~ of possible conflicts of interest and allow it to take whatever action is necessaw to avoid same. tLaSt name, first name ~daiT;-;~;~ ,~" ~~ ..... ~.,,m, umess you are applying in the name of someone else or other enti~, such as a company. If so, indicate the other person or company name.) NAT~ OF ~PLICATION: (Check all that apply.) V~i~ce Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Ghevance - If Other name the actw~: Do you personally (or t~ough your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the To~ of Southold9 "Rel ' ' blood, mamage, or business interest "Business interest" mea~ ~atmns~p ~nAludes ~p, in which the To~ offi~--~ , . ~ a business, in~ ..... s~oyee nas even a pani~o~ership ~ent b~ a co~g which the To~gfficer or~mpl~¢ o~s more than 5% of ~S~ NO '~/ ~ --' - If you answered "YES", complete the balance of tht~ 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 be~een yourself (the applicant, agent or con~act vendee) and the To~ officer or employee. Either check the appropriate line A through D (below) an~or describe the relationship in the space pro%ded. The To~ officer or employee or his or her, spouse, sibling, parent, or child is (check all that apply): ~ A) the O~er of~eater than 5% of the shares of the co.orate stock of the applicant (when ~e applicant is a co~orati6n); ~ B) the legal or beneficial o;~er of any interest in a non-co.orate enti~ (when the applicant is not a cO~oration); ~ C) an officer, director, pa~er, or employee of the applicant; or ~ D) ~e actual applicant. DESCRIPTION OF RELATIONSHI]p Submitted this Pnnt Name'~~ Harbes_~.So~th4.iBg Harbes SouthS.jp§ Harbes_South6 jpg Harbes South7,ipg Harbes_SouthS.jpg Harbes .South9 jpg Harbes_.SouthlO.jpg Harbes_South2,jpg Harbes South3 iPg J tOO/'~- 1 ~-- ~ -~'" 1 TOWN OF SOUTHOLD PROPERTY RECORD CARD t OWNER STREET tl ~'",~ VILLAGE DIST. .~,,. . , - SUB. LOT · "~Z; < ' . ? ,'-'..~. ' ~PE OF BLD. 2000 .~/o~ 7/nO / FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOW~ND BULKHEAD 'HOUSE/LO~ / / ~ ~ TOTAL · LAND IMP. TOTAL DATE COM~4. I IND. REMARKS ACREAGE /~ ~ TYPE OF BU LDING CB. Tillable 2 'Til'[a~!e, 3 Woodlond Swampland Ho~sse Plot:' /~,/~o Acre ~lue Per ~ ~ t0 U Foundation Wol [s Fire Porch Porch Bath F[oors Interior Finish Hec~ A~ic Rooms ]st Floor Rooms 2nd Floor ,W 181 Sound Ave. 120 M~_~. 3 Fred Jens 4&5 ~3131 5/19/83 Variance to amend vitiation of excessive sales in A-Zone 6/7/85 Pending filed' (83) 617.21 Appendix C State Environmental Quality Revim¢ SHORT ENVIROlV3IENTA~ ~$ESSMENT FORM For U3FZlSTED ACTIONS Only PART I - Project lrfformation (To be complete by Applicam or Project spomor) 1. Applicant/Sponsor 2. Project Name 3. Project location: Municipality County 4. Precise location (Street address and read intemectJons, p~'ominent landmarks, etc. or provide map) 5. Is proposed action: ( ) NEW ( ) EXPANSION (/~O) MODIFICATION/ALTERATION 6. Descdbe project bdefly: 7. Amount of land affected: 8. Will proposed action comply wi~ e.,dstJng or other existing land use restrictions:( ) YES ( ) NO If No, describe bdefly: ~. What is present land use in vicinity of project: (describe): ( ) Residential ( ) Industrial ( ) Commercial ()OAgrlcultural ( ) Park/Forest/Open Space ( ) Other (~ YES ( ) NO If Yes, list agency(s) and permit/approvals: 1 1. Does any aspect of the ac§on have a currently valid permit or approval? ( ) YES (/~) NO If Yes, list agency(s) and permit/approvals: 12. As a result of proposed action, will existing permit/approval require modification? l( ) 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 Applicant/S~n'~r N~,r~:,, ~[)~ ~{~ ~,~_~rc:fr~.~ Date: Signature: (~ - ! ' "', - if the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ~OUN~ AVENUE nov~ or ~ormsrluj % NOTICE COUNTY OF SUFFOLK sCALE: 1/4" = f~" (1:4~) WE~T ELEVATION NOI;P. TH ELEVATION 39.9' 15.9' RECEIVED ~OARD OF APPEALS 32' 47.9' NORTH ~. ,GC. ALE: I/4" = I'~" (1:4~,) SITE PLAN TYPE: AMENDED NEW WITHDRAWN iNCOMPLETE ,RoJ cr N,m : tCCO, nzo a. , o 2: LOCATION: / HAMLET: SCTM# 1000- ].~O- 3 - 5 OWNERNA : APPLICANT NAIvlE': ' : TIt# AGENT NAME: F_.XlSTING USE: TEL# (__) PROPOSED USE: DATE BUILDING DEPARTMENT NOTICE: StP REQUIRED y OR N ZBA APPEAL REQUIRED y OR N PRE-SUBMISSION CONFERENCE (wi 1 I-lIN 30 DAYS OF WRITTEN REQUEST) ~IOTES: INFORMAL REQUEST FOR REVISIONS: APPLICATION RECEIVED DATE: / / -- -- ~, APPLICATION PROCESS DATE: PAYMENT RECEIVED: AMOUNT RECEIVED:$ NEW SP: $500./ACRE &.10/SF, AiviENDED SP: $250. + .10/SF, AGRIC SP; FLAT $500 :'~ .FEE AMOUNT: ($ .00X, =$_ )+($.10 X_ SF=$ )=$ NEW APPLICATION WORK SESSION (WITHIN I0 DAYS OF RECEIPT), PB ACCEPTEV/~V ~R N = ~APPLICANT ADVISED OF NECESSARY REVISIONS ('OVITI-IIN 30 DAYS OF REVIEW)'~'*~ / / BUILDING DEPARTMENT MEEETING 100-254B3 (WITHIN 30 DAYS) NOTES: tEVISED SUBMISSION RECEIVED: NOTES: REFERRED AGENCIES: (WITH IVIAPS=W/p) LEAD AGENCY: ATION:~G DEC Y OR N, APPROVALS REQUIRED: ARCHITECTURAL REVIEW COMMITTEE: LWRP COORDINATOR: flUILDING D,.~EPARTMENT CERTIF CATION, =IRE COMMISSIONERS: TOWN ENGINEER APPROVAL: DEP.OF TRANSPORTATION: DOT.._, DPW__, TO~ SUFFOLK COUNTY DEPARTMENT OF PLANNING NOTES NOTES ENDORSEMENT OF SITE PLAN: FIELD INSPECTION FOR C/O: DISTRIBUTE APPROVED SITE PLANS TO: BUILDING DEPT CONDITIONAL FINAL:__I~/~, TOWN ENG NOTES OTE$: Town of Southold Planning Department Staff Report Project: Site plan application for Harbes/Regina's Garden Preparen Kristy W'mser, Sr. Planner Date: June 28, 2010 I. Site Plan Information Site Plan Name: SCTMN#: Street Location: Hamlet: Type of Site Plan: Property Ownen Applicant: Representative: Site Plan Prepared B~. Date of Map: Date of Submission to Planning Board: Harbes/Reginas Garden 1000-120-3-5 1150 Sound Ave Mattituck New Edward Harbes Same Susan Piscano David Harbes from old survey with no certification stamp 5/19/10 received May 3, 2010 II. Description of Site Plan Project Proposed Comtruction Type: (As-built) Convert existing building from retail to office ZONING DETERMINATION: The Notice of Disapproval indicates the use is not permitted as per $280-13 and requires variance relief. 1 use per 80,000 sf and as per $2.80.127 Site plan review is required. Call of meeting: This site plan application is to convert an existing 1,400 s.f. building to an office in connection with the over-all farm use of the site on 1.03 acres located in the A-C Zoning District. IlL Site Analysis SEQR Type of Action: Present Land Use: Existing Structures: Zoning District: Property Size: Type II action as per SEQR 617.5(c)(3) Agricultural Residential house, 2 frame buildings & 4 greenhouses AC 1.03 acres 45,041 sf Panking: Much of the parking requirement can likely be waived- the applicant's operation is not expanding in size, simply converting an existing building from a retail flower shop to a farm office and will not be accessed by the public. The applicant has provided 5 parking stalls based on em4oloyees and a single-family residence on site. Staff Report - Harbes/Reginas Garden Page Two June 28, 2010 IV: Permits and/or Review Required From Other Agencies ZBA O The ZBA requested comment for the variance relief and the Planning board provided comments for their consideration on May 17, 2010 stating the Planning Board had no objection to the 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 Public Hearing was scheduled for June 14, 2010 whereas there was no comment or concems raised for this application. · Mattituck Fire District review o No other recommendations other than all drives be cleared and maintained. · Building Inspector Certification o As per meetings with the Building Department, there are no other issues and a request for certification has been requested. O · Drainage review from Town Engineer o Drainage is recommended bythe Town Engineer to be installed in the parking area. · LWRP review for comistency o Consistent · ARC o Reviewed on May 19, 2010 whereas the committee had no further comments. V: Staff Recommendations- The Planning Departmem recommends the Planning Board to consider the following map changes Request to set a target date for final approval after a determination is made on their variance application. Request the following information from the applicant: a. Drainage details from either NRCS or their own engineer for all existing drainage. b. Under 280-133 B 1 Technical data: (a- add the SCTM to plan and correct site plan application), (b2- add name and address of applicant to sp), & 0- note zoning on sp), (k2- show all drainage on a plan). c. Provide a notation on the plan that the approved site plan is for a farm office use only in connection with the overall farm use of the site and will not be open to the public. d. Provide a notation, that all structures will be removed fi.om the Town right of way prior to approval. VI: Materials to aid in review · Aerial view of property · Birds-eye view of property- north, south and east view, view of rear of property. Town of Southold Planning Department Staff Report Project: Site phn application for Harbes/Regina's Garden Preparen Kristy Wmser, Sr. Planner Date: May 24, 2010 I. Site Plan Information Site Plan Name: SCTMN#: Street Location: Hamlet: Type of Site Plan: Property Ownen Applicant: Representative: Site Plan Prepared By: Date of Map: Date of Submission to Planning Board: Harbes/Reginas Garden 1000-120-3-5 1150 Sound Ave Mattituck New Edward Harbes Same Susan Piscano David Harbes from old survey with no certification stamp 5/19/10 received May 3, 2010 II. Descrpfion of Site Plan Project Proposed Comtruction Type: (As-built) Convert existing building from retail to office ZONING DETERMINATION: The Notice of Disapproval indicates the use is not permitted as per $280-13 and requires variance relief. I use per 80,000 sf and as per $280-127 Site plan review is required. Call of meeting: This site plan application is to convert an existing 1,400 s.f. building to an office in connection with the over-all farm use of the site on 1.03 acres located in the A-C Zoning District. III. Site Analysis SEQR Type of Actlon: Present Land Use: Existing Structures: Zoning District: Property Size: Type II action as per SEQR 617.5(0(3) Agricultural Residential house, 2 frame buildings & 4 greenhouses AC 1.03 acres 45,041 sf Parking: Much of the parking requirement can likely be waived - the applicant's operation is not expanding in size, simply converting an existing building from a retail flower shop to a farm office and will not be accessed by the public. The applicam has provided 5 parking stalls based on employees and a single-family residence on site. . Staff Report - Harbes/Reginas~oarden Page Two May 24, 2010 Summary.' The ZBA requested comment for the variance relief and the Planning board provided comments for their consideration on May 17, 2010 stating the Planning Board had no objection to the 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 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 only2 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. IV: Permits and/or Review Required From Other Agencies · Southold Town HighwayDepartment review · Mattituck Fire District review · Building Inspector Certification · Drainage review from Town Eng'meer · LWRP review for consistency · ARC - reviewed on May 19, 2010 whereas the committee had no further comments. V: Staff Recommendatiom - The Planning Department recommends the Planning Board considers the following: Waive certain site plan application elements. The application is eligible for waiver of site plan elements under § 280-133.C and the following elements of are recommended for the waiven a. § 280-133 A. (3) EAF (Type II action) & (5) b. § 280-133 B. Standards: (1) (b), (e), (g), (h), (k partial consider), (kl), (k3) & (k4). c. § 280-133 B. (2) Natural features: (site is used for active agriculture) (a),(b), (c) & d. § 280-133 B. (3) Existing building structures and utilities: (c partial) & (d) e. § 280-133 B. (4) Proposed Construction: (b Partial), (c partial), (d), (e partial), (g partial), & (h) 2. Review the plan and provide comments: 3. Request to formally accept the application for review and refer the application to interested agencies for comment. 4. Request to set the public hearing for the next available public hearing. 5. Request the following information from the applicant: a. Letter explaining the number of employees who will use the buildings to help the planning board determine whether any parking can be waived. b. Drainage details from NRCS and shown on plan for all existing drainage. c. Under 280-133 B 1 Technical data: (a- add the SCTM to plan and correct site plan application), (b2- add name and address of applicant to sp), & (j- note zoning on sp), (k2- show all drainage on a plan). VI: Materials to aid in review · Aerial view of property · Birds-eye view of property- north, south and east view, view of rear of property. SOUTHOLD PLANNING BOARD SITE PLAN APPLICATION FORM SECTION A: Site Plan Name and Location Suffolk County Tax Map//1000- /t¢~- ~ ~ 6 Street Address: Il ~ ~O~(b3/~ -~- Distance to nearest intersection; Application Date: __ Other SCTM Hamlet: Amended Residential Zoning District Type of Site Plan: , New SECTION B: Owners/Agent Contact Information Please list name, mailing address, tmd phone number for the people below: Property Owner ~l Ot~ [ O.~f' ..~L~ ~..~ Street city State /X/ Z,p I SV- Applicant Street City_ Home Telephone State Other *Unless Applicant's Agent or Representative: Contact Person(s)* ¢~/0j~ Street '71¢ C50~1~) ~ L~j c Site Plan App#cation Form and cover 2 APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK I['~0/~l 1 ~ ~r'~./~-~ being duly sworn, deposes and says that he resides at in the State of New York, and that he is the owner of the above property, or that he is the (Title) (Specity wnemer rartnersnip or Corp.) which is hereby making application; that there are not existing structures or improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, including all rights- of-way, has been clearly established and is shoWn on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be alter or changed in any manner without the approval of (he Planning Board; and that the actual physical improvements will be installed in strict accordance with the plan as approved by the Planning Board. Owner Signed (Partner or Corporate Officer and Title) Sworn to me this ayOf SU~,AN PISANO NOTARY PUBLIC - STATE OF NEW Y©" ' NO, 0'15T5046833 QHALIFIED IN SUFFOLK COUrG'~i I ~;OMMtS$1ON EXPIRES JULY 17. ,~_o'l I TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL DATE: 03/10/10 TO: Edward Harbes for Regina's Garden LLC P O Box 1524 Mattituck, NY 11952 Please take notice that your application dated February 24, 2010 For permit to operate a nonconforming building as a Farm Office at Location of property: 1150 Sound Ave., Mattituck, NY 11952 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 II1, 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 XXIV, Section 280-127, Site Plan approval from the Southold Town Planning Board is required. Authorized Signature CC: file, ZBA Planning Bd. Note to Appficant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. 120.-3-5 Ready 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.,~t~--,~,,h~o Expiration ,20__ PERMIT NO. BUILI3~G PERMIT APPLICATION CHECKLIS 1 Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey_ Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: FEB 2 4 2010 BLDG. DEPT. TOWN OF SOUTHOtD Building Inspector ~,PPLICATION FOR BUILDING PERMIT Date INSTRUCTIONS ,2ol0 a. lnls applmatlon MO5 t 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. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. 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 Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner_o~'Premises ~-(5~[/,J ,1~ ~'~ ~ (As on the tax roll or latest deed) If applicant is a corpora}ion, signature of duly authorized officer (Name and title {)'f'corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Locat. ign_,of land on which ptgoposed work will be done: Number Street Hamlet County Tax Map No. 1000 Section ] ~ Block Subdivision Filed Map No. Lot · ~ · dd d :v~f d State existing use and occupancy otpremises ano inten e use an occupancy o propose a. Existing use and occupancy b. Intended useandoccupancy (fic. construction: Nature of work,~check which applicable): New Building Repair ~' Removal Demolition Estimated Cost ~ ~, 0 0 0 ~ Fee ! Addition Alteration Other Work (Description) If dwelling, number of dwelling units If garage, number of cars If business, commercial or mixed occupancy, specify nature and extent of each type of use.~ (To be paid on filing this application) Number of dwelling units on each floor Dimensions of existing structures, if any: Front Rear .Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front ~ !,,[.~;ih'' :Rear Depth Height Number O~. t~jto Dimensions of entire new construction: Front Height Number of Stories Size of lot: Front Rear Depth .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~'l)~) ~tdress P0~( I~ Phone No. ~ '* ~'-'~Jq~/~ 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 10 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 SL'? ~N F S-\NO ~IOTARY PUBLIC ?v.rE OF NEW YORK N:~ 0't $75046833 QUALIFI[ 0 ~'1 SUFFOLK COUNTY~ ~ COMMISSION EXPIRES JULY 17,~ ~)~ ~~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the M~td~ ~/-~-~~ (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Swo,~,~fore me th~ff"~'5I~'"'~ OWNERara I STREET t I ~'-~) VILLAGE' DIST. S~. LOT "' ' ~ ' ":' "~" ~,r ACR. i,. 50 REMARKS [ y ~PE OF BLD. FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH M~DO~ND BULKHE~ 'HOUSE/LOT ~ ~ ~ ~ TOTAL -[~I~D IMP. TOTAL STREET DATE VILLAGE JCOM/VL. IND., REMARKS DISTRICT ~ CB. J MISC. LOT ~ 2 'Til[able, 3 Woodland Swampland House Plot" /~o Acre PeT I 120.~3-S 1/08 2/05 Foundotion V Both F[oors Interior Finish Heo~ Attic · I~ooms 1st Floor Rooms 2nd Fro~r Town Hall Annex 54375 Main Road P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1802 Fax (631) 765-9502 BUILDING DEPARTMENT TOWN OF SOUTHOLD DATED: February 18, 2010 (cert. mail) STOP WORK ORDER To: Regina's Garden LLC 715 Hallock Lane Mattituck, New York 11952 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 1150 Sound Avenue, Mattituck Suffolk County Tax Map number: 1000-120-3-5 Pursuant to Section 144-8A(1 ) & 280-153 of the Code of the Town of Southold, New York, you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: Construction with no Building Permit CONDITIONS UNDER WHICH WORK MAY BE RESUMED: When a Building Permit has been issued. Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment Building Inspector ~""-'"--- SOUTH~I~ TOWN OF Southold, New York~ 11971 Issued W: APPEARANCE TICKET- 1358 commission of the offens~ of: Mi. ,,dy YOU ARE HEREBY t~frected to appear at the Justice Court, ~l'own o~ South~d (Town Hall) 53095,4Main Road (State R/oute 25), Southofd~tqew York 11971. / Onthe <>D~ ~ayof ff)~oc~c~ 20 tO at [ o'clock in the ~, M, in connection with your alleged contrary to the provisions of (~ S, tion of ~e ~de of t~nO--'-of~ou~old DaSd: J/lq/to Issue~s~b~d b~: ~ . Nme dJ~P ~]~ IF YOU FAIL TO APPEAR ON TIlE DATE AND TIME INDICATED, A CRIMINAL SUMMONS OR WARRANT FOR YOUR ARREST MAY BE ISSUED. ocal Criminal Court TOWN OF Southold Docket No. (s) STATE OF NEW YORK ) COUNTY OF SUFFOLK ss TOWN OF SOUTHOLD ) VIOLATION INFORMATION Edward Harbes 715 Hallock Lane Mattituck, NY 11952 ) Defendant(s) The undersigned Town Employee of the Town of Southold, being duly sworn, says that On and before February 19, 2010 at 1150 Sound Avenue, Mattituek, Town of Southold, County of Suffolk, State of New York, the defendants Edward Harbes wrongfully, intentionally, knowingly, recklessly, with criminal negligence, committed the offense of violating Southold Town Code Section 144-8(A)1. § 144-8. Building permit required; application for permit. A. Building permit required prior to commencement; exceptions. (1) No person, finn or corporation shall commence the erection, construction, enlargement, alteration, removal, improvement, demolition, conversion or change in the nature of the occupancy of any building or structure, or cause the same to be done, without first obtaining a separate building permit 5om the Building Inspector for each such building or structure. A building permit shall be required for any work which must conform to the Uniform Code, and Energy Code, except that no building permit shall be required for: To wit; the defendant did make alterations to an existing building without first obtaining a building permit. This complaint is based on personal observation and records and files of the building department. SWORN TO BEFORE ME THIS ~-~c',~ DAYOF ~'~a~"~ 20 lk) . Signature of Official Administering Oath Notary Public Title Town of Southold CONNIE D. BUNCH Notary Public, State of New Yor~ ^ Ne. OIBU$18,~]50 uualified in Suffolk Count,/ Commission Ex~ires Apr 14, ~% I I WEST ELEVATION r N O P--.TH ELEVATION 39.9' 15,9' 1 q 7' UTIL-I'f"Y' CL-O~BT 47.9' ' 32' NORTH FOR INTERNAL USE ONLY ,,SITE PLAN USE DETERMINATION Initial Determination Date: ¢2-/. --~ / ,/O ~. Date Sent: ~ /.. ~/.. Project Name: /~e.4 ,'~_~ r ~/Z ~ ~ . Project Address: //~ ~¢~ ~., ~~ Suffolk County Tax MaP No,:1000- / ~ - 3 ~~:~___ Zoning District: Request: ~.t.,rn,~ ,,O~:~P~. ("'~ (Note: Copy of Building Permit Application and supporting documentation as to proposed use or uses should be submitted.) Initial Determination as to whether use is permitted: Initial Determination asto whether site plan is required: ,~//~_________________~. ¢ignature of Building Insl~ector Planning Department (P.D.) Referral: P,D. Date Received: / / Date'of Comment: ._~ / V/ /O ,Final Determination Signature of Pla~ing Dept. S~aff Reviewer Date: / / Decision: Signature of Building Inspector 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 Expiration ,20__ PERMIT NO. BUILDING PF~,~MIT APPLICATION CHECKLIST Do yol~e 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 24 2010 BLDG. DEPT. TOWN OF SOBTHOLO a. tins application MU~;I be c. Building Inspector ~PPLICATION FOR BUILDING PERMIT Date ~'~ INSTRUCTIONS ~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. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed witl:fin 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 an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner~?~prem~ses (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title bf corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Locatjgn_,,ofland on which pgopos_ed work will be done: House Number Street Hamlet County Tax Map No. 1000 Section ] ~) Block ~' ~ Subdivision Filed Map No. Lot Lot State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy b. Intended use and occupancy ~]k4 [~ ~ ~ 3. Nature of work/check which applicable): New Building_ Repair ~ Removal Demolition 4. Estimated Cost ~; <0 ~}0'~'~- 5. If dwelling, number of dwelling units If garage, number of cars Addition Alteration Other Work Fee (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. If business, commercial or mixed occupancy, specify nature and extent of each type ofuse.~[J~ ~ ~5~ ~ 7. Dimensions of existing structures, if any: Front Rear Height. Number of Stories .Depth Dimenmons of same structure with alterations or additions: Front , .... Depth Height Number o.'(~Idries Rear Dimensions of entire new construction: Front Height Number of Stories Rear Size of lot: Front Rear Depth 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. Names of Owner ofpremises ~'~ ~Jr~tdress ~0 ~ I~;~/~ Phone No.~ ~ ~'~/Jf~¢ 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 10 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 ~l,'~& NO QUALIFIE O ~'1 SUFFOLK COUN'I'Y,~ COMMISSION EXPIRES JULY being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the ~q~ Id~ ~-~~ (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 tNs application; that ail 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. S w~° re me thjs/~/~";12,'"~ Signature of Applicant ¢OUNI2 AVI~NUE Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 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. *F2ccept 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 Waterfront 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explaiued io detail~ listing both Supporting and ooo- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. B. DESCRIPTION OF SITE AND PROPOSED ACTION 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. The Application has been submitted to (check appropriate response): TownBoard [-~ PianningBoard~BuildingDept. [] BoardofTrustees 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: If an ~plieation for the propos~ a~ion has been filed ~th the Town of Southold agenq, the following info~ation shMl be pro~ded: (a) Name ofappli~t: E~aJ ~ I~ ~~M ~) M~lingMdress: F.O. ~OX ]~2~ (c) Telephone number: ~m Code ( ) f~O~"~*~ (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? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be retnrned for completion. 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 11I- Policies; page 2 for evaluation criteria._ ~Not _j ~'es [--q No Applicable Attach additional sheets ff necessary Policy 2. Protect and prese?e historic and archaeological resources of the Town of Southold~ See LWRP Section L~. - Policies Pag~g 3 through 6 for evaluation criteria ~ Yes [-q Nof~/IA.A Not Applicable Attach additional sheets ff necessary Policy 3. Enhance visual quality and protect scenic resonrces throughout the Town of Southold. See LWRP So~tion III - Policies Pages 6 through 7 for evaluation criteria r- ~'es [] No ~ot Applicable Attach additional sheets ff neeessa~ 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 Attach additional sheets ff necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section m -Policies Pages 16 through 21 for evaluation criteria I--lYes ~] No-~otApplicable 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 IH - Policies; Pages 22 through 32 for evaluation criteria. [~ Yes [~ No [~ot Applicable Attach additional sheels ff necessapy Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section 111 - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No otApp.cable Attach additional sheets if necessaxy Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III - Policies; Pages 34 throngh 38 for evalnation criteria. ~ Yes [~ No [~Not Applicable 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 Attach additional sheets if ncccssagy WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent nses in suitable locations. See LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. [] Yes ~ No [~ot Applicable 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 llI- Policies; Pages 57 through 62 for evaluation criteria. [] Yes ~ bio [~Not Applicable Attach additional shccts if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 6S for evaluation criteria. [] Yes [] No~ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pa~s 65 through 68 for evaluation criteria. [] Yes [] No~ Not Applicable Amended on 8/1/05 TITLE DATE ~ILASER FICHE FORM Planning Board Site Plans and Amended Site Plans SPFile Type: Approved Project Type: Site Plans Status: Final - Pendin.q Inspection SCTM #: 1000 - 120.-3-5 Project Name: Harbes, Re.qina's Garden, Address: 1150 Sound Avenue, Mattituck Hamlet: Mattituck Applicant Name: Monica Harbes Owner Name: Re.qina's Garden, LLC Zone 1: A-C Approval Date: 12/12/2011 LLC OPTIONAL ADDITIONAL INFORMATION A date indicates that we have received the related information End SP Date: 12/13/2011 Zone 2: Zone 3: Location: SC Filin.q Date: C and R's: Home Assoc: R and M A.qreement: SCAN Date: SCANNED Records Management LITIIIT~ BTONE ~'A~,KIN~ DO.D ' % % IO0.O0' S85°1-1'50"F~ ~0~ OC ~ormCrly