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HomeMy WebLinkAbout1000-102.-2-16HISTORY OF SANTA'S CHRISTMAS TREE FARM My father, Lefferts Edson a local attorney, purchased the acreage fronting route 25, in June of 1974, in the name of Cutchogue Estates Inc. His intention was to ultimately develop a residential subdivision similar to Crown Land, a subdivision in Cutchogue which he had previously completed. In 1979 the potato farmer who had been renting the farm retired. My father was not yet ready to start the subdivision, and .he rented the bulk of the farm to a local sod grower. At that time I was granted permission to plant 3-4 acres of Christmas trees.. My primary employment was my real estate business, and I was not sure if I could do both businesses well. After two years I felt I could handle both, and over the next couple of years I planted the entire farm with fir trees. In 19841 bought the adjoining 12 acres along Depot Lane and over the ensuing 2 years planted that property. By 1986 the Christmas trees were large enough to harvest. I built a Morton Building in June of 1986, and opened for Christmas tree sales in September of that year. Customers were allowed to pre tag their trees and return during the Christmas season to cut them. These customers were typically the same people who came to the North Fork for the fall harvest of vegetables, grapes, and pumpkins. During the first selling season the building had a dirt floor and no heat. After one year and the initial success of the business, heat and a cement floor were added. In 1987, guided by the "Jens" decision, I added some Christmas items. On the busy weekends the building was overcrowded and traffic waiting to get on the property from route 25 was backed up 15 to 20 cars. After 2 seasons, the entrance was widened to better accommodate two-way traffic, and an exit was created over the 12 acre property facing Depot Lane. These modifications solved the seasonal traffic problem. During these early years the building department sent local attorney Dick Lark to look over the Christmas items being sold, and to render an opinion of the legality of the operation. His report to the department clearly stated that the business complied with town code. In 1989, my father passed away and 1 inherited his acreage at this location. By 1990 the original building was bursting at the seams and an addition of 6000 square feet was constructed. The addition was designed to expand the use of the original building. It included skylights, heat, 11 - 3'x4' side wall windows, 2 sets of double doors opening to a staging area where trees were brought in from the field, wrapped, and loaded for customers. I can remember Vic Lessard telling me to "make sure that you get exit signs over the doors; exit signs are only required where there is public assembly." rr Since 1990 the seasonal business has operated on the same basis: open after Labor Day and closed in early January. During the late 90's I allowed the local Boy Scouts to sponsor a small carnival (3 rides) at the farm as a fund raiser. These special carnival events required, and were granted, formal approval each year by the Town Board. At the time I took the Town Board's approval of this event as a tacit endorsement of our value to the community. I certainly didn't believe that the board would have approved the Boy Scout request if it felt that I was running an. illegal operation with a serious traffic problem. - If the carnival operator hadn't died, I am confident that this successful event would have continued. SUMMARY I will go to my grave believing that Santa's Christmas Tree Farm, the business that I have built and run for the past 24 years, has been legally operated and a valuable asset to the town and its residents. Presently over 20;000 trees are being grown on the farm. During this time period there have been many municipal personnel changes in the Building Department, Town Board, Planning Board, ZBA, and in the Supervisor's office. Many, many of these public servants and their families have been loyal and consistent customers of Santa's Christmas Tree Farm. There have also been changes to the town code. There are very few people who have been around long enough to see how this situation evolved. I continue -to believe that Santa's Christmas Tree Farm is a good and productive business that serves the interests of the community,'iSr legally constituted, and that operates within the business parameters established by Southold town. 1 am, however, a pragmatist and am willing to compromise in a way that would comply with the new farm stand ordinance. It is my sincere hope that this review of the history of my business and our meeting will result in. a productive and amicable solution. Respectfully submitted Lewis Edson March 15, 2010 y Town of Southold PC/Codebook for Windows [HISTORY: Adopted by the Town Board of the Town of Southold 9-9-2008 by L.L. No. 12-2008.EN(1) Amendments noted where applicable.] GENERAL REFERENCES Agricultural lands preservation -- See Ch. 70. Zoning -- See Ch. 280. ARTICLE I, General Provisions § 72-1. Title. This chapter shall be known as the "Agricultural Uses Law." § 72-2. Purpose. Regulation of agricultural uses in the Town of Southold is necessary to facilitate and encourage bona fide agricultural operations while providing for the health, safety and welfare of the Town's residents and its visitors. Farm stands are an important part of the Town's agricultural base and character, and are increasingly vital to the viability of the agricultural industry in the Town. The second article of this proposed chapter governing agricultural' uses will pertain to farm stands and require, among other things, that they be part of active fanning operations within the Town. § 72-3. Statutory authorization. This chapter is enacted pursuant to § 10 of the Municipal Home Rule Law to promote the public health, safety and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town. The variance provision of this chapter shall supersede any inconsistent portions of the Town Law § 267-a and govern the subject of variances in this chapter. § 72-4. Definitions. Town of Southold PC/Codebook for Windows As used in this chapter, the following terms shall have the meanings indicated: AGRICULTURAL PRODUCTION -- The production for sale of crops, livestock or livestock products, which shall include but not be limited to: A. Field crops, including corn, wheat, oats, rye, barley, hay, potatoes and dry beans; B. Fruits, including apples, peaches, grapes, cherries, tomatoes and berries; C. Vegetables, including snap beans, cabbage, carrots, beets and onions; D. Horticultural specialties, including nursery stock, ornamental shrubs, ornamental trees and flowers; E. Livestock and livestock products; including cattle, sheep, hogs, goats, horses, poultry, ratites, such as ostriches, emus, rheas and kiwis, farmed deer, farmed buffalo, fur -bearing animals, milk, eggs and furs; F. Maple sap; G. Christmas trees derived from a managed Christmas tree operation whether dug for transplanting or cut from the stump; H. Aquaculture products, including fish, fish products, water plants and shellfish; I. Woody biomass, which means short -rotation woody crops raised for bioenergy, and shall include farm woodland. AGRICULTURAL USES -- Activities devoted primarily to production, processing, marketing and sale of agricultural and aquacultural commodities, including any and all agricultural, horticultural, vineyard products, corn for grain, oats, soybeans, barley, wheat, poultry or poultry products, bees, maple syrup, Christmas trees, livestock, including swine, and honey, sold in the state either in their natural state or as processed by the producer thereof, but does not include milk, timber or timber products, other than Christmas trees, all hay, rye and legumes. FARM STAND -- Any primary structure or portion of a structure greater than 80 square feet in area used for the purpose of retail sale of locally produced agricultural products grown by the owner or lessor of the structure, as well as the accessory sale of processed agricultural products, agriculture -related products and incidental accessory items. For the purposes of this chapter, a farm stand shall be limited to structures operated by an applicant on a parcel with either not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of $10,000 or more or land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of 2 Town of Southold PC/Codebook for Windows $50,000 or more. PROCESSED AGRICULTURAL PRODUCT -- Agricultural product which has been converted from its original state into a distinct product by techniques such as cooking, distillation, fermentation, crushing and straining. Examples of processed agricultural product include, without limitation, jams, jellies, cheeses, potato chips, wine and other alcoholic beverages. Simple washing, cleaning, arrangement or packaging of agricultural product shall not cause the product to be considered "processed" under this definition. RETAIL SALES AREA -- Portions of a farm stand operation, usually covered, which are dedicated to the direct marketing and sale of farm stand products, including public rest rooms, but excluding storage areas, temporary display areas and other areas not accessible to the general public. ARTICLE II, Farm Stands § 72-5. Farm stand permit required. A. No person shall erect, place or operate a farm stand without the Building Department's issuance of a farm stand permit for the farm stand operation. A farm stand permit shall be subject to revocation if the farm stand fails to operate in compliance with the requirements set forth herein. B. The Building Department shall only issue a farm stand permit to a party engaged in bona fide agricultural production within the Town of Southold. For the purposes of this article; "bona fide agricultural production" shall be limited to the operation, within the Town of Southold, of either not less than seven acres of land used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of $10,000 or more or land of seven acres or less used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of $50,000 or more. C. A farm stand existing as of the date of adoption of this article which does not meet the requirements of this article shall be deemed to be a nonconforming building under the Zoning regulations of this Code, Chapter 280. Notwithstanding the contrary provisions of this article, a farm stand legally existing in the Town as of January 1, 2008, shall be permitted to expand or enlarge the total area of the farm stand structure(s) by up to 50%, cumulatively, of the total area of the farm stand structure(s)legally existing as of January 1, 2008, subject to Town of Southold PC/Codebook for Windows compliance with the parking requirements of this article. § 72-6. Farm stand permits issued without requirement of site plan approval. A. A farm stand permit shall be issued to applicants meeting the following requirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. (2) The total floor area, as defined in Chapter 280, of the farm stand structure(s) does not exceed 3,000 square feet. (3) The permanent farm stand structure is set back at least 50 feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces and also provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales area. B. (Reserved) C. Retail sales operations that do not meet the definition of a "farm stand" pursuant to this chapter, as well as farm stands that do not meet the requirements of § 72-6A, shall be subject to the full site plan requirements of Chapter 280, Article XXIV, as well as all other zoning and use restrictions of Chapter 280 or the Town Code. § 72-7. Farm stand offerings. All farm stands shall conform to the following product offering restrictions: A. At least 60% of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator within the Town of Southold. B. No more than 40% of the gross dollar value of all items `offered for sale at a farm stand may consist of the following items only: (1) Agricultural products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold, and not including agricultural products not grown within the Town of Southold; (2) Items manufactured or processed from the agricultural products grown by the farm stand 4 �J Town of Southold PC/Codebook for Windows operator or manufactured or processed from products grown by a person or entity, other than the farm stand operator, engaged in bona fide agricultural production within the Town of Southold; (3) Clothing, apparel and other similar items, but limited to such items that promote the specific farm stand site or operator, and souvenir items of the farm stand; and (4) Other accessory items, but limited to items complementary to the specific farm stand agricultural operation, such as decorative housewares, planters and like items. § 72-8. Maximum size of farm stand. In all cases, farm stand structure(s) shall not exceed 3,000 square feet in total floor area, as defined in Chapter 280— § 72-9. (Reserved) § 72-10. (Reserved) § 72-11. Variance procedures. Any farm stand that is found not to meet the requirements of this article may appeal such decision or seek a variance therefrom with the Zoning Board of Appeals. In addressing the merits of any variance application, the Zoning Board of Appeals shall consider ,the benefit to the applicant if the variance is granted, as weighed against the detriment to the health, safety and welfare of the community by such grant, in further consideration of: A. Whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties will be created by the granting of the variance; B. Whether the benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than a variance; C. Whether the requested variance is substantial; D. Whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district; and E. Whether the alleged difficulty was self-created, which consideration shall be relevant to the decision of the Board of Appeals but shall not necessarily preclude the granting of the Town of Southold PC/Codebook for Windows variance. § 72-12. Penalties for offenses. Any violation of this article shall be grounds for the revocation of an existing farm stand permit. Furthermore, any violator of this article shall, upon conviction, be guilty of a violation punishable by a fine not exceeding $1,000 or imprisonment not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense as permitted by law. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $5,000 or imprisonment not to exceed 15 days, or both. 0 Endnotes 1 (Popup - Popup) Town of Southold PC/Codebook for Windows Editor's Note: This local law also repealed former Ch. 135, Farm Stands, adopted 5-13-1997 by L.L. No. 9-1997, as amended. 7 sor 4:.111 Punu t Inky .. SUPREME COURT - STATE OF NEW YORK I.A.S. PART XXXVI SUFFOLK COUNTY PRESENT.: INDEX NO.: 11814/2007. CQP. HON. PAUL J. BAISLEY, JR., J.S.C. MOTION DATE: 2119/09. --•--------------------------------------------------------X MOTION NO.: 001 MG TOWN OF SOUTHOLD, Plaintiff, PLAINTIFF'S ATTORNEY: SMITH, FINKELSTEIN, LUNDBERG, -against- ISLER & YAKABOSKI . 456 -Griffing Avenue; P.O. Box 389 -r11 E ESTATE OF GRACE R. EDSON and LEWIS, Riverhead, New York 11901. EDSON a/k/a LEFFERTS P. EDSON; DEFENDANT'S ATTORNEY:- Defendants. TTORNEY:Defendants. WICKHAM, BRESSLER,, GORDON & •----=•------------------------------------------------------X ' GEASA, P.C. 13015 Main Road, P.O. Box 1424 Mattituck, New York 11952 Upon the following papers numbered j to 40 read on this motion for summary iudemen6: Notice of Motion/ Order to Slum Cause and supporting papers I -l4 : _ ;Answering Affidavits and sup_nming papoa _15-19: 20-28:29-32 : Replying Affidavits and. supporting papers 33-40 : e&er ; (arid after hesih g ORDERED that the motion (motion sequence no. 001). of plaintiff Town of Southold for .in order pursuant to CPLR R. 3212 granting summary judgment. to plaintiff and permanently enjoining and restraining defendants and theit agents from using and occupying the accessory agricultural building on their -property lodated at Main Road, Cutchogue, New York for retail use unless and until such time -as the violations of the Southold Code and New York State Code have been rctncdied.and defendants have obtained •a certificate of occupancy for such use from the Town of Southold is granted. The record reflects that defendants'are the owners of an approximately 23 -acre parcel of land located. in the Town of Southold (the "Town"). Since approximately1986, the property.has' been operated as a free nursery known as "Santa's Christmas Tree Farm," and the majority of its acreage his been planted .with evergreens in various stages of development, principally for sale xs Christmas trees during the Christmas season. The property is presently zoned "k-89 Residential Low -Density" (.Town Code of Town of Southold §28M) and is improved with a 2,000 -square= foot single-family residence and an approximately 8,000 -square -foot "accessory nursery building:" The record further reflects that -the original accessory nursery building, comprising . approximately 2,520 Square feet, was cotistructed.pursuant to a building permit issued on June 27, 1986, and for which a. certificate of occupancy was issued on January.13; 1987. Thereafter, on June 1, 1990, a building'permit was issued for the construction.of a 5,400 -square -foot addition to the existing accessory nursery building, and.a certificate of occupancy for the addition r%as issued on August 1, 1990. rhe Court declines to consider the unauthorized "sur -reply affidavit" of defendant Lewis P. Edson (as well as the `.,upplernewal affirmation" of plaintiff's counsel submitted in response). 1"urn vl5ntahold v. The Estate of Grace R. Edson et d!, . Index No., //81412007 In its complaint, dated April 11, 2007, plainfiff alleges that since around 1990, defendants have operated a retail.store, known as "Santa's Christmas Tree Farm and Gift Shop," in the . accessory building, where they engage in the year-round retail sale ofholiday ornaments, decorations, figurines, gifts and related.products not grown on the premises. Plaintiff alleges that the operation of a retail store is not a permitted use in the R-80 zoning district pursuant to §280- 13(A) of the'rown Code of the'Town of Southold (the "Code"). Plaintiff f ulher.alleges that dclendants do not have a certificate of occupancy for the retail use of the accessory building, as required by Code §144-15, and that changes to the electrical system have not had the required inspections: Plaintiff further alleges that, without obtaining the necessary approvals, and in violation of the Code, defendants have expanded their accessory retail business to include almost exclusively products not manufactured or grown on the premises, and that defendants' continued use of the premises poses a risk to the health, safety. andwelfare of thepatrons; employees and residential neighbors of Santa's Christmas Tree Farm and Gift Shop. Plaintiff seeks a permanent injunction enjoining the alleged Code violations by defendants, arid now moves for summary judgment on its claims. . In supportof the motion, plaintiff has. submitted the affidavit of --the Town's Code Enfoicement Director Edward Forrester, swom.to September 8, 2008; the affirmation of its attorney,. Phil Siegel,- Esq., dated September 8, 2008; a copy of the pleadings; a copy of the building permit/certificates of occupancy issued in connection with the accessory nursery building; copies of the•Code provisitiM.alleged to be applicable; and portions of defendants' prior unsuccessful application for a change of zone -from R-80 to.B Business. In their answer, dated April 11, 2007, defendants deny the substantive allegations of plaintiff's complaint, and assert the affirmative. defenses of estoppel, waiver, selective: enforcement;-and•Iaches„as well as the.existence of a prior action for the same relief under Index No. 8034/2004, as bars to plaintiffs claims. Defendants vigorously oppose plaintiffs motion, and have submitted in opposition the affidavit of defendantL,ewis Edson, sworn to December 3, 2008; the affirmation of defendants' attorney, Eric -J. Bressler, Esq.; dated December 12, 2008; and tile, affidavit of Richard F. Lark, s}vorn to November 24, 2008; together with various exhibits including copies of documents allegedly pertainiag.tq the prior.action under Index No. . 8034/2004=;.copies of earlier Code'provisions alleged to be applicable -to defendants' operations of the subject property; a decision of the local criminal. court alleged to bc.relevant; and copies of the certificates of occupancy for the accessory. building on the premises.. The affidavit of Edward Forrester,'the Town's Director of Code Enforcement; reflects that defendants are operating a large retail establishment in the accessory building on their agricultural property which is located in the R-80 residential zoning district. . Mr. Forrester's affidavit further reflects that the vast majority'of products sold by defendants in their retail store are not grown on the premises, including manufactured holiday ornaments,. decorations, lights, ” figurines, gifts, and related products,. Mr. Forester avets.that:with the exception of Christmas . trees, garlands and wreaths during the holiday season, -the defendants do not sell agricultural . products in the accessory. nursery building. , -Although it appears that defendants intended to attach copies of the pleadings in the prior action, the summons and complaint annexed to the Edson affidavit as part of"Exhibit A" are those•intaposed in the itistant, action. -2- . rown ql Srnerhold it The Estate of Grace R. Edson et at /nder No..1181d/2007 Code §280-13(A) enumerates the. permitted uses for buildings and premises in the.A-C, R-80, R-120, R-200. and R400 -zoning districts. As relevant to the instant action, §28043(A) permits . "(2) The following agricultural operations and accessory uses thereto -- (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and 1he.seasonal stile ofproducts grown on the premises" [emphasis added]. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings." Pursuant to Code §280-8(E), "[a]ny use not permitted by this chapter shall be deemed to be prohibited." Thus, except to the extent of permitting the accessory seasonal sale of products grown on the premises of an agriculturaloperaiion, the maintenance of a retail store is nota, peiinitted principal or accessory use within the R-80 zoning district. It is undisputed that the.. certificates of occupancy for the accessory building, described therein as an "accessory nursery building" and "addition to an existing agricultural building as applied -for,". do riot authorize its use as a retail store. The affidavit of Mr. Forrester further avers that pursuant to Code _§280.127, the expansion of the agricultural building for the operation of defendants' retail store required site .plan approval by the Town of Southold Planning Board (the ordinance provides that "[a]ny chiutge in use or'inteasity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or�utilities will require site plan approval"). The - submissions establish that site plan approval was neither sought nor obtained by defendants. In addition, the record reflects that defendants' prior application.to change the zoning.of the portion pf their property occupied by the accessory building from residential to business was denied. Plaintiffs subtriissions establish, prima facie, that defendants'operation of a large retail establishment in an building authorized to be used. only for accessory agricultural use, and the'. sale therein of producfs.the majority of which are'not.growo on the premises, is a violation of the Town's zoning ordinances. It is well established that "[a] town is entitled to a permanent injunction to enforce its building and zoning laws upon demonstrating that the party sought to b. e. cnioined is acting in violation of the and. provisions of local law" (Town of Brookhaven v Mascia; 38 AD3d 758 [2d Dept 2007]). Plaintiffs submissions thus establish its primeffacie entitlement to a permanent injunction enjoining defendants' operation of their retail store in the accessory building on the premises (id'.;Town Law §§05(l),268(2)). In oppo'si6on to. the motion, defendants argue that.their retail operation is merely i ncidental and accessory to the principal agricultural use of the property as a Christmas tree farm, and that the Town building department issued the certificate of occupancy for the accessory• building with frill knowledge of the nature of the use. Defendants contend that the Town — many of whose elected officials regularly patronized the business — recognized its use as legitimate and even took steps to aid in' its development. Such, assertions, however, even if true; are irrelevant to -3- t .1m 11 O SI)urhold v. The Estate of Grace R. Edson et at. Index No. 11814/2007 defendants' arguments that the Town is estopped from now enforcing its zoning laws against it. It is, welI established that "estoppel may not be invoked against a municipality to prevent it from discharging its statutory duties" (Parkview Associates v New York, 71 NY2d 274 [1988]). Moreover, "a municipality may not be estopped from enforcing its zoning laws either by the 'issuance of a building permit or by laches" (City of Yonkers v Rentumys, Inc., 304. NY 499; 505). Defendants' further assertions that plaintiff is selectively prosecuting defendants are : unsupported by any admissible evidence, "and there'is no showing. that additional discovery will yield facts that support defendants'arguments (Town of Brookhaven v Mascia, supra, 38 AD3d at ?59). Defendants further argue that thesale of Christmas-related items was permitted under the ._ coning ordinance in effect at the time they began their retail operations, The affidavit of Mr. Eidson asserts that the property was then located in an "A" zoning district, and that there was- no restriction regarding the sale of items not grown on the premises. The copy of the "1971 zoning ordinance Section 100-30" annexed to Mr. Edson's affidavit asExhibit G fails, however, to support defendants' argument. Code § 100-30(A),"applicable to the "A Residential and .Agricultural District," permitted "the following commercial agricultural operations'and accessory uses thereto... (a) The.raising•of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products"1hereof in buildings, subject to the following special requirements: [I] All one-story buildings for display and retail sales of agricultural and, nursery products grown primarily on the premises shall not exceed one thousand . (1.000) square feet in floor area..:." [emphasis added]. Contrary to defendants' argument, the. statute did not authorize the sale of items not grown on the-premises. Moreover, the retail sale of products not grown on the premises isnot a: generally recognized accessory use to agricultural property and will be-prohibited even in the absence of an express statutory provision such as that at issue here (Ecker v. Dayton,'234 AD2d 584 [2d Dept 1996]). Similarly unsupported is defendants' assertion that site-plan approval was not required. ' -rlie record reflect that code §280-127 was adopted in 1989 and thus, although not applicable when defendants assertedly commenced their retail operations, was applicable in 1990 when defendants expanded the' accessory building. The fact that the building inspector at the time may not have required site plan approval.for defendants'' planned expansion of the buildiitg'is not dispositive, as the building permit application building did not give notice of the scope and purpose of the planned expansion, and defendants' own submissions establish the•limited scope of defendant's retail operations prior to the expansion of the accessorybuilding. The affidavit of•Richard P: Lark, who describes himself as a former Special Assistant District Attorney of Suffolk County for the purpose of prosecuting violations of the Southold' Town Codes and advising the Southold Town Building Department as to: zoning and building code matters, reflects Mr. Lark's personal observations of defendants' retail operations. in late November or early December. of 1986, when he was dispatched to the.property to'investi'gate. possible zoning code violations as a result of"numerous complaints" regarding traffic problems ` In his affidavit Mr. Lark does not expressly state the year of his-visit, but it is apparent from the other statements therein that the visit must have occurred at the end of 1986. Mr. Lark states that after his visit, the building inspector visited the , pniperty and thereafter issued a certificate of occupancy for the accessory nursery building.' Since the certificate of occupancy was issued in January 1987, Mr. Lark's visit must.have occurred in 1986. l ou•n o/:Southold v. rhe Estate ofd race R. Edson et al. Index No. 11814/2007 at the entrance to the farm and allegations regarding the sale of Christmas ornaments; lights and dec6rations that were not grown or made on the premises. The affidavit reflects that as Mr. Lark entered the (then much smaller) agricultural building he observed "balled Christmas trees, some , �f which had decorations on them, along with evergreen wreaths and roping on display all of which were for sale .... There were several rows of tables upon which various items such [as] Christmas tree ornaments, colored lights and other kinds of Christmas decorations were displayed for sale." Mr: Lark states that Mr. Edson told him at the time that the sale of those items which Obviously were not grown on the premises was on a seasonal basis and were used -to promote the gale of the Christmas trees, and that the rest of the year the building was used for the storage of supplies, equipment, fertilizer and tractors that were utilized in the nursery. Mr. Lark concluded that the sale of these manufactured Christmas -type. items was "accessory and incidental to the prime use of the property which was the planting, cultivation and growing of Christmas trees for' ;ale," and so reported to the then -building inspector. Mr. Lark states that thereaf%t-the building inspector visited the.property, concluded that the owner was properly operating within the zoning . code, and subsequently issued a certificate of occupancy for the accessory nursery building. The affidavit of Mr.. Lark thus establishes that prior to the 1990 expansion, defendants' retail operations — although concededly including the sale of a limited number of manufactured items'not "grown on the premises were relatively modest, and that the principal use of the building was for the seasbnal 'sale and display, of Christmas trees, evergreen wreaths, and ioping grown on the premises. It is undisputed that the present retail operation is vastly expanded, and that the sale of items not grown on the piemises now predominates. Indeed, Mr. Lark's description of "several rows Of tables." displaying Christmas -related items must be. contrasted with . delendants' own description of the current use. of the "accessory nursery building," as reflected by defendants' webpage, a printout of which is annexed to plaintiff's reply affirmation as ExhibitR. That.document begins, "When you walk into- our store you will say ` "WOW, ' an assessment with which, upon perusing the contents, the Court wholeheartedly agrees. Defendants' webpage boasts that defendants' "retail. space measures almost 10,000 square.feet.making us one of the largest Christmas stores in the northeast" and reports that defendant is "a Dept. 56 retailer of Snow Village, Dickens, The City, New England, the.North Pole and'Snow Babies. Other lines that we carry include, Yankee Candle, Fontanini, Old World Christmas, Lenox just to name a few. We carry all tree trimmings, gift wrap, eards.and many specialty items. We have a.large selection of personalized items and have a local artist on premise to personalize any omament you choose. Also we make our own fresh wreaths decorated on premises: If you visit after Thanksgiving we have Santa here on the weekends." There is no logical process whereby the above -enumerated list can be considered to constitute usual.and .custori aryaccessories to anagricultiiral operation. It is apparent from.the record herein that the building permit and certificate of occupancy issued in connecdon,with the construction of the addition to defendant's accessory nursery building in 1990 did not and could not authorize the operation of a 10,000 -square -foot retail store for the sale of items the vast majority of which are neither agricultural or nursery -related and which were not grown or '-produced on the premises (see, Ecker v Dayton, supra, 234 AD2d at 585 [2d Dept 1.996]): The record is clear that the accessory ` e of the building has expanded well beyond that contemplated by the zoning ordinances, and the Town is properly acting to restrict such impermissible use and protect the character of the residential neighborhood.in which defendants' Christmas tree farm is located. lrnrn nfSalahold v. The Estate of Grace R. Edson et al. Index No. 11814/2007 Defendants' submissions in opposition to plaintiffs motion fail to rebutplaintiffs prima Meie showing of entitlement to summaryjudgment or to demonstrate the existence of material issues of fact. In light of the foregoing, plaintiffs motion for summary judgment i" granted; and defendants are permanently enjoined from operating a retail store on their property for.the We of items not grown on the premises until such time as the violations of the Southold Town Code have been remedied and defendants have obtained a certificate of occupancy for such retail use. Settle judgment. Dated: August 6, 2009 PAUL'S' ERAPSLEY, .ip. _ J.S.C. --X—FINAL DISPOSITION. NON -FINAL DISPOSITION Southold Town Board - L.,�ter =y Boars 1Vieetrng ol`Smber 9, 2008 SEPl ctu'$ ;RESOLUTION 2008-877 ADOPTED Item # DOC ID: 4227 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2008-877 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON SEPTEMBER 9,2608: WHEREAS there has been presented to the Town Board of the Town of Southold, Suffolk County, New York, on the 12`h day of August, 2008 a Local Law entitled "A Local Law in relation to Regulations Governing Farm Stands" and WHEREAS the Town Board of the Town of Southold held a'public hearing on the aforesaid Local Law at which time all interested persons will be given an opportunity to be heard, now therefor be it RESOLVED that the Town Board of the Town of Southold hereby ENACTS the proposed Local- Law entitled, "A Local Law in relation to Regulations Governing Farm Stands" which reads as follows: LOCAL LAW NO. 12 OF 2008 A Local. Law entitled, "A Local Law in relation to_Realations Governing Farm Stands". -BE IT ENACTED. by the Town Board of the Town of Southold as follows: Chapter 135 of the code of the Town of Southold is hereby repealed .in its entirety. A new Chapter 72 of the Code of the Town sof Southold is hereby adopted as follows: I. 72-1. Title. This law shall be known as the "Agricultural Uses Law". II. 5.72-2: Purpose Regulation of agricultural uses in the Town of -Southold is necessary to facilitate and encourage. bona fide agriculturat operations -while providing for the health safe and welfare of the Town's residents and its visitors. Farm stands are an im ortant art of the Town's a ricultural base and 1 Generated September 12, 2008 Page 60 - Southold Town Board - Letter, Board Meeting of September 9, 2008 character, and *are increasingly vital to the viabili of the agricultural industry in the Town The first Chapter of this proposed Local Law governing agricultural uses will pertain to farm stands and reauire, among other things that they be part of active farming operations -within the Town §72-3. -Statutory authorization. This- local- law" is enacted pursuant to Section 10 of the Municipal Home Rule Law to promote the public healthsafety_and general welfare of Town citizens through land use regulations intended to govern agricultural uses within the entire Town The variance provision of this local law shall supersede any inconsistent portions of the Town Law Section 267-a and governthe subject of variances in this Iocal law. §72-4, Definitions: As used in this,Chapter, the following terms shall have their meanings indicated: AGRICULTURAL PRODUCTION - The production for sale of crops livestock or livestock products, which shall include but riot -be limited to: - (a) field crops including cornwheat- oats lye barley, hay, potatoes and dry beans; (b) fruits, including apples peaches grapes cherries tomatoes and berries,• (c) vegetables including snap beansti cabbage carrots beets and onions-, -(d) horticultural specialties including nursey stock ornamental shrubs .ornamental trees and flowers: (e) livestock and livestock products including attle sheep hogs oats, horses poultry, ratites,' such as ostriches emus rheas and kiwis farmed deer, farmed buffalo fur bearin animals, milk eggs and furs.• (fl maple sap;_(g) Christmas trees derived from a managed Christmas tree operation whether dug for tr-ansplantina or cut from the stump• ffi) aquaculture products, including fish fish products, water plants and shellfish,• (i) woody biomass which means short rotation woody crops raised for bioerierg-y and shall include farm woodland AGRICULTURAL USES_- Activities devoted primaril roto production ;processing marketing. and sale of agricultural and acauacultural commodities including any and all agricultural horticultural, vineyard products- corn -for grain oats soybeans barley wheat poultry or poult� products., bees, maple syrup christmas trees livestock including swine andhone in the state either in their natural state or as processed by the producer thereof but does not included Generated September.12,.2008 Page 61 Southold -Town Board -Letter Board Meeting of September 9, 2008 milk, timber or timber products other than christmas trees all hay, rye and legumes area used .for the -p=ose of retail sale of locally produced agricultural product grown by the farm stand shall be limited -to structures operated by an_applicant on a parcel with either: not less than seven acres of land'used as a single operation in the preceding two years for the production or sale of crops, livestock or livestock products of an average gross sales value of ten thousand dollars or more; or, land of seven acres or less'used as a single operation in the preceding two. years for the production or sale of crops livestock or livestock products of an average gross sales . value of fifty thousand dollars or more PROCESSED AGRICULTURAL PRODUCTS - Agricultural�roduct which has been converted from its original state into a distinct product by techniques such as cooking distillation fermentation, crushing and straining -Examples of processed agricultural product include without limitation, jams Jellies cheeses potato chips wine and other -alcoholic' beverages Simple washing cleaning arrangement or packaging of agricultural product shall not cause the product to be considered "processed" under this definition RETAIL SALES AREA.- Portions of a farm stand operation, usually covered` which are dedicated to the direct marketing and sale of farm stand products° including_public rest rooms . but ekcluding storage areas temporary display areas and. other areas not accessible to the eneral public. ARTICLE I - FARM STANDS -472-5. Farm Stand Permit Required A. No person shall erect, place or operate a farm stand without the Building D_ oartment'sissuance ofa farm stand permit for the farm stand operation A_ farm stand permit shall be subject -to revocation if the farm stand fails to operate in compliance with the requirements set forth herein Generated September 12, 2008 Page 62 Southold Town Board - Letter Board Meeting of September 9, 2008 B. The Building_Departm�ent shall only issue a fa�ntanttpemo a party engaged f UM 4 in �"c�e;, �` � r � , � z � _` '�;ciwrto ��rold�r the purposes of this Article, "bona fide agricultural production" shall be limited to the operation, within the Town of Southold, of either t �ssitse ` ON se'A V i� eC� aY e. Ei1 Soni!� ^L` _.. i9' e © @ e 5 ''G)bi'J U.. u Q �'..t���lpc� c�@"48 ;m � ea ��� 9_.D. 0®P. �.4.D '•0 - -8�.. v-` � 'f � ffi. `` _ C. A farm stand existing as of the date of adoption of this Article which does not meet the requirements of this Article shall be deemed to be a .n Notwithstanding the conkM provisions of this Article, a farm stand legally existing in the a -WE c =ae arm cumulatively, of the total area of the farm stand structure(s) legally existingas s of January 1 2008 sig rano e m . 472-6. Farm .Stand Permits Issued Without the Requirement of Site Plan Approval. A. A farm stand permit shall -be issued to applicants meeting the following reguirements, and such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article XXIV: (1) The farm stand. is. located on lands used in bona fide agricultural production by the owner or lessee of the property. ,(2), The total floor area, as defined in Chapter 280,.of the farm stand structure(s) does not exceed 3,000 square feet. (3) The permanent farm stand structure is set back at least fifty feet from the road. (4) The farm stand parcel provides at least four off-street parking spaces,. and Generated September 12, 2008 . Page 63 A "Southold Town Board -"Letter' Board Meeting of September 9, 2008 also'provides adequate space that may be used for unimproved on-site parking equivalent to one parking space for each 200 square feet of retail sales.area: C. -Retail sales operations that do not meet the definition of a farm stand pursuant to this Chanter, as well as farm stands that do not meet the requirements of 72-6A, shall be subject to the full site plan requirements of Chapter -280 Article XXIV, as well as'all other zoning and use restrictions of Chapter 280 or the Town Code. §72-7. Farm Stand Offerings. All farm stands shall conform to the following product offering_ restrictions• A. At least sixty percent of the gross dollar value of all items offered for sale at farm stands shall consist of agricultural products grown by the farm stand operator . within the Town of Southold. B.' No more than forty percent of the gross dollar value of all items offered for sale at a farm stand may consist of the following items onlv: (1) Agricultural products. grown by a person or entity other than the farm . stand operator, engaged in bona fide agricultural production within the Town of Southold and not including agdcultufal products not [own within the Town of'Southold- (2) Items manufactured or processed from the agricultural products grown by the farm stand.operator, or manufactured. -or processed from products grown by a person or entity other than the farm stand operator engaged in bona fide agricultural production within the Town of Southold,• (3) Clothing, apparel and other similar items, but limited to such items that promote the -specific farm stand site or operator, and souvenir items of the farm stand; and (4) Other accessory items, but limited to items complementary to the specific farm stand agricultural operation, such as decorative housewares, planters and like items. Generated September 12, 2008 Page 64 Southold Town Board - Letter Board Meeting of September 9, 2008 §72-8. Maximum Size of Farm Stand In all cases, farm stand structure(s) shall not exceed 3,000 square feet in total floor area, "as defined in Chapter 280. -472-9. (Reserved]. &72-10. IReservedl -472-11. Variance Procedures. Any farm stand that is found not to meet the requirements of this Article may appeal such decision or seek a_variance therefrom withthe Zoning Board of Appea s In addressing the merits of anv variance application the Zoning Board of Appeals shall consider the benefit to the applicant ifthe .variance is granted as *eigbed a ainst the detriment to the health safety and .welfare of the community by such grant in further consideration of (1) whether an undesirable change will be produced in the character of the neighborhood or a detriment to nearby properties. will be created by the granting of the variance - Q) whether the benefit sought by the applicant can he_achieved by some method feasible for the applicant to pursue other than a variance,• (3) whether the requested variance is substantial-, (4) whether the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district, and (5) whether the alleged difficulty was self-created which consideration shall be relevant to the decision of the board of appeals but shall not necessarily preclude the arantina of r the variance. 1§72-12.' Penalties for. Offenses. Any violation of this Article shall be grounds for the revocation of an existing farm stand permit Furthermore any violator of this Article shall upon conviction be '11y of a violation punishable by a fine'not exceeding S1,000 or imprisonment not to exceed 15 days or bothEach day on which such violation shall occur shall constitute a separate additional offense as pennitted bylaw. Fora second and subsequent conviction within 18 months thereafter such erson shall be -guilty -of a violation punishable by a fine not exceeding $5,000 or imprisonment not to exceed 15 days or both Generated September. 12, 2008 Page 65 Southold Town Board 'ter Bowra ivleeting of September 9, 2008 II. SEVERABILITY If any clause, sentence, paragraph; section, .or part of this Local Law shall be adjudged by any -court of competent jurisdiction to be invalid, the judgment shall not affect the validity of this law as a whole or any part thereof other than -the part so decided to be unconstiiutional or invalid. III: APPLICABILITY AND EFFECTIVE DATE This Local Law shall take effect immediately upon filing with. the Secretary of State as . provided by law. Elizabeth A. Neville Southold Town. Clerk RESULT: ADOPTED [4 TOO] MOVER: Louisa P. Evans, Justice SECONDER: William Ruland, Councilman AYES: William Ruland, Vincent Orlando, Louisa P. Evans, Scott Russell - . ABSTAIN: Albert Krupski Jr., Thomas H. Wickham Generated September '12, 2008 Page 66 TOWN OF SOUTH LD PROPERTY RECORD CARD, "NER STREET 3j i VILLAGE DIST. SUB. LOT tfo a X C.1.7LC .-`rbkMER OWNER N E AC_R, , , TY RE OF BUILDING' 1Y 7:9 , I daH d .-. 0 _0 -.o SEAS. VL. FARM COMM. CB., MICS. Mkt. Value' TOTAL DATE REMA RKS7.Z��1-6_ kd - I/ 79e 7 /,Vc 4. O' X Ll L X03. 2(" - 7,' --,v 6. A� z 00, 4 9 kr- 7 0--2 /2- 9're arm iZQAY7ti lgrgqziAgr Do /Z000 3 4lell 4: q L�c 4- ig 3 lcj, c, 15,nd 'k� C'Y1 7-70) 61 -boo No BUIt2 Aib"� �O N m b '12DIv: T ­j N 41 e I -Z.r 1 v G/ OV, -7 Lot `P AIR' " b -p- :-pe -value 5 5 If9c.). ft 0 ql/Z77 T -ell AGE/ON WXT91�t W.ocsdl4rd FRONTAGE ON ROAqq M e a d6ww''l, a n d' T DEP H -700 House Plot,P 00 BULKHEAD (040 7n .Total DOCK w S go PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Leslie Weisman, Chair, Zoning Board of Appeals Members of the Zoning Board of Appeals From: Heather Lanza, AICP, Planning'Director� Date: March 17, 2010.. Re: SCTM# 1000-102-2-16 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: 631765-1938 Fax: 631765-3136 In response to questions raised at the recent Planning Board meeting where the application referenced above was discussed (at the request of the applicant), I respectfully submit the following information: With regard to the "60/40" requirements of Chapter 72, the applicant should provide an inventory of the trees planted and currently available for harvest, and their value. In addition, the Value of the ornaments and other accessory items offered for sale must also be provided. This information is necessary to help the Zoning Board determine whether the agricultural products (the trees) comprise at least 60% of the gross value of products offered for sale. To determine full compliance with Chapter 72, the applicant must also demonstrate that the farm on which the agricultural products are grown meets the agricultural production and income standard set in the Definitions section for Farm Stand, which I believe is the same standard that must be met for a property to get the agricultural property tax exemption from the. assessors. It is interesting to note the original intent of the legislators when they passed the farm stand code. In discussions with the Town Supervisor regarding the intent of the recent updates to the Farm Stand code, he indicated that the his recollection was that the Town Board envisioned a farm stand would carry at least 60% bona fide agricultural products grown onsite. He went on to say that the Town Board likely never considered the prospect of having all of the crop located in the field, and all of the accessory products occupying the farm stand itself. In other words, they probably didn't consider the situation. where there would be a farm stand without the actual farm products in it, and especially did not anticipate such a large building dedicated to the accessory products not produced on the farm. It seems other tree farms have much smaller, incidental retail areas. The size of the building is also an issue. The code states in 72-8 Maximum size of farm stand, that "in all cases, farm stand structure(s) shall not exceed 3,000 s.f. in total floor area, as defined in Chapter 280.". Does "farm stand structure" mean the entire building is counted in the total floor area? If so, the current building would not meet this code requirement. ,Submission Without a Cover Letter Sender: Subject: �'' �v fir' /� I& D , SCTM#:.1000 Date: Comments: '0 n. p: MAR 1 6 2010 N9 Addendum to Lewis Edson Farm Stand Application 72-7 A. 65% of gross sales shall come from the sale of Christmas Trees cut at the farm. Approximately 20,000 Trees at various ages are grown on the farm continuously from year to year. B (1) I do not bring in any Christmas trees from any out side source within Southold Town or without . B (2) 15% of gross sales come from the sale of decorated and undecorated wreaths. The wreaths are made on the premises from greens grown on the farm. B (3,4) 20% of gross sales come from the sale of Christmas items, ie. tree stands ornaments, cards, bells and general Christmas items. WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, March 15, 2010 4:00 p.m. Applications ............ ............. .............. ............................ __............. _................... _... _................. .._........ _...................................... _.._.__...... _.... _........................ _......... _.............................. _............................... ..._..... ----._........................................... _..... __.._....................................... _......... _.... _............. __.. Project name: Connecticut Municipal Energy SCTM#: 1000-6-8-7 & 3.2 ....... -.............._........................................................................... oopera..._ive....__...__._...........__........._......._......:...._......_...-_._._..............................._................ _..... _............._.__............ _. .._... _.........._..;_.... _......_.._..................._ _ .............. ...................... ......... Location: 1866 Central Ave., Fishers Island _..... _._........... _..... ................. __............. ................... _....... � :............................. ....................................................... _..................... Description: ......................... ............._..... _._..................................... _.............._.............................._........_............................................................................. _............................................................... ......_............................. Addition of 993 sq. ft. to the existing 7,144 sq. ft. diesel-electric generator' ................................. ........................... .........._............_................................._.........................Y................_._..._._..............._.............................._..._.q.._......._........p............._._............._._...................__..........._.................__............._................................_......_... facilit on a 47 441 s ft parcel located in the Business District. ........................... ..............._..........................................._....... Status: New Site Plan & Request For Comments by the ZBA for a Special ................................._..........._................_...._Exception.......---................ Action: Review site plan & draft comments and consider accepting the ...... application for review, draft comments and be in the referral process. g . ......................._ .........................._.__... ._.._.... __............................................... _._.................................................................................................................. ._._........... _.............. . Prosect name: 1..........................................................................................._.._........._.............................................._ McCall Farm Wine SCTM#: 1000-109-1-40 ..............................r............_.._............_.........._.......... -..........._..............................................._._..................................................._................................................_............................_.................; _............. Location: 22600 Main Road, Cutchogue_................. , ............................... .................._....... ............................................ Description: .._._..............................................._........._......................................_.._...._.__...._.._..._._._................... _..............._._.._._............................ _..................................................... Alter an existing barn totaling 2,480 sq ft. into a winery within a development rights intact area of an 87.03 acre parcel of development rights sold land. The proposed winery will have a lot coverage of 0.065% in the A -C Zoning District Status: .............................. _... _... _.._........................... _................ _....................... ......_..... _............................... ............ .._................ Open _ ..................... .................. Action: ....._................................................_......................................_........._......_.._...._----.......---...._._......_._.........._......................................_.._._.._._.__........__......................._._.._....................._...._...._..........._._._.............._. Accept application for formal review/request two additional items. .................................................._............__.........................:_...............................P.......... Attachments: ...................................................... _ _.p..........................................._.._ ...__...._._............................................................. Staff Report........................... ................... .................................. .... ........... ........................................ __......... ................. ... ........................ _............ ............................ _......., ...... . Prosect name: ..-........... ..............................._.._.... ......................... _......................................................... _................. . 'Edson — ZBA Comments ;SCTM#: 1000-102-2-16 ........................................................................_....................................:.......__.............................................................._ Location: ............................... ..........................................._..........._._.._............._........._.._........._.............................. ---............................................................................... ...... _..................... _............................................. North side of S.R. 25, Cutcho ue .......... .._.................................................. _.....__..................__....._9....__ ..... _............................................. ....-------....... _.................................................... -............................... _._................................ Description: _.............. ;Christmas Tree Farm ........................._---......................... ....... ................ _.... _................................ .................................. : Status: N/A — no application before Plannin Board at this time. ! Action: .............---......... -._..................... _....... Mr. Edson to discuss his business with Plannin Board. ........................_........................................................................................................................................_....... Attachments: .............................................. ..............._.................................0.............._...._................................................._.............................................................._, Comments to ZBA..................... .._............................................. For Discussion: ■ recommended buffer species composition (attachments) ■ agricultural storage buildings N PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI To: PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Leslie Weisman, ZBA Chair Members of the Zoning Board of Appeals, From: Martin H. Sidor, Chair Members of the Planning Board Date: March 8, 2010 Re: Request for Farm Stand Use 5m SCT M#1000-102-2-16. Zone:. R=80 30105 State Route 25,,Cutchogue The Planning Board has received your request for comments regarding the above referenced application for a Farm Stand use. As proposed the applicant is seeking to use a portion of an existing building as a farm stand. This application has been reviewed for site development and the following comments are offered for the Board's consideration. The application does not -meet the requirements pursuant to Southold Town Code §72-4 (Definitions) and §72-7 (Farm"Stand Offerings). Based upon this non-conformance it appears that the,applicant.will be required -t0 seek a "use" variance for the,'Town of Southold Zoning Board of Appeals (ZBA). Should a "use" variance be granted by the ZBA, the application will need to be site planned accordingly by the Town of Southold Planning Board for site plan approval. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. MAILING ADDRESS: QF soy P.O. Box 1179 �yOlO Southold, NY 11971 OFFICE LOCATION: Town Hall Annex G • Q 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) "Oum�`G•'' Southold, NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM Leslie Weisman, ZBA Chair Members of the Zoning Board of Appeals, From: Martin H. Sidor, Chair Members of the Planning Board Date: March 8, 2010 Re: Request for Farm Stand Use 5m SCT M#1000-102-2-16. Zone:. R=80 30105 State Route 25,,Cutchogue The Planning Board has received your request for comments regarding the above referenced application for a Farm Stand use. As proposed the applicant is seeking to use a portion of an existing building as a farm stand. This application has been reviewed for site development and the following comments are offered for the Board's consideration. The application does not -meet the requirements pursuant to Southold Town Code §72-4 (Definitions) and §72-7 (Farm"Stand Offerings). Based upon this non-conformance it appears that the,applicant.will be required -t0 seek a "use" variance for the,'Town of Southold Zoning Board of Appeals (ZBA). Should a "use" variance be granted by the ZBA, the application will need to be site planned accordingly by the Town of Southold Planning Board for site plan approval. We hope that the information provided to you is helpful. Should you have any questions or need additional information, please contact the Planning Department. Thank you. Southold Town Planning Board — Page Two —Work Session — March 8, 2010 WORK SESSION AGENDA SVUTHOLD TOWN PLANNING BOAkiU Monday, December 21, 2009 4:00 p.m. 4:00 p.m. Applications Project name: Twin Forks _Landsp.�pin �__--^TSCTM#: 1000-83-3-8 Location: _ T West side of Cox Lane, approximately 500 feet south of Oregon Road, Cutchogue Description: This site plan .is for the construction of a 6,000 sq. ft. addition to an existing 1,263 sq. ft. building having a total of 7,263 sq. ft. of building to be used as a contractor's yard on a 1 acre parcel in the Light Industrial Zoning District. Status: Ne_w Site Plan Action: Review draft comments to the ZBA. Attachments: Draft Memo Project name: Raphael Vineyards _ SCTM#- 1000-85-3-11.3 & 1_1.4 Location: South side of Main Road, approximately 520 feet west of Indian Neck Lane, Description: Peconic Description: This amended site plan is for the construction of a 3,112 sq. ft. second winery Action: building on a previously developed and approved 50.4 -acre parcel in the _ Agricultural Conservation Zoning District. _ Status: Amended Site Plan Action: Consider accepting the application for review and refer the application to Action: involved interested agencies for comment. Attachments: Staff Report Project name: Omnipoint Communications SCTM#: 1000-102-1-17.1 Location: The Presb erian Church or Society of Cutchogue, 27245 Main Road Description: Wireless communication facility with interior mounted antennas in an existing Status: church steeple and a related storage equipment area outside the building and Action: screened from view. As part of the application, the applicant proposes to Attachments: remove and replace a portion of an existing church steeple to match the existing church building on a 0.91 -acre site located in the R-40 Zoning District. Status: New Site Plan Action: Review estimate for technical consultant review. Attachments: Letter from Walter Cooper Project name: Edson/Christmas Tree Farm Stand I SCTM#: T 1000-102-2-16 Location: North side of S.R. 25, Cutchogue _ Descri tion: Christmas Tree Farm Status: N/A - no application before Planning Board at this time. Action: Review ZBA comments re: site plan requirement question. Attachments: Draft Comments Project name: _ - Zu_ckerberg, Lloyd P. SCTM#: 1000-86-1-10.9 Location: Southwest corner of Wells Road and State Route 25 in Peconic Description: 80/60 Conservation Subdivision on 32.83 acres of land. Lot 1 equals 65,562 sq. ft., Lot 2 equals 77,694 sq. ft., and Lot 3 equals 29.5416 acres and is proposed to be preserved through a Sale of Development Rights to the Town of Southold Status: Sketch Approval Action: Review cost estimate for drainage. Determine next steps to Final Approyal. Attachments: Staff Report A q,7777--' spa WE 0 0113-, v Am rz LIM DR, T. M Zo Nag& A q,7777--' spa 'Page 1 of ,1 Sakarellos, Elizabeth From: Artie & Patty [babyfish@optonline.net] Sent: Sunday, November 29, 2009 10:55 PM To: Sakarellos; Elizabeth Subject: How disappointing!!! Dear Ms. Sakarellos, Yesterday, Sunday November 29, my family and I went on our annual trip to Santa's Christmas Tree Farm: to cut` down our tree. Once we picked our tree we went inside to pay and visit with Santa, only to find out there was n Santa ... the beautiful shop was closed. Not quite understanding why would the Christmas shop be closed, we asked:.we were told that they were ordered to shut down on the Tuesday of the previous week due to a zoning issue with the Town of.Southold. Are you kidding??? With businesses struggling to keep their doors open and drawing visitors to YOUR town why on earth would you close a Christmas shop down 3 days before one of the busiest shopping days,ofthe year. Scrooge comes to my mind. For 10 years now we have been making the trip to Santa's Christmas Tree Farm, they are just lovely people, we get (or at least used to) the whole Christmas experience, picking out our tree, visiting the reindeer (which my kids are convinced will be flying in just a few weeks) takmg.our picture=for, our Christmas card, getting our annual personalized Christmas ornaments and ornamentsthathave a significance to what. happened in our lives the past year and last -but not least to,visit with Santa. Thanksfor ruinjpg that zoning board! As an East ender myself 1 never travel west of William Floyd Parkway, 1 do my best to patronize East End merchants, in particular the North Fork, I hate to see vacant buildings. Santa's Chr 9Imas Tree Farm has done an unbelievable job putting together many fun activities to keep' it family friendly and affordable, that's why we keep coming back. After learning of the Scrooge act by the Town of Southold, we went to dinner back in the Town of Riverhead, why patronize a business in your township from now on? 1'Ilkeep driving past your town line thanks. You make sure you have a wonderful holiday yourself and when yet another Southold'business closes their doors will you ask why? Why don't merchants want to open'up shop Sincerely,.-. Patricia Jones '. 10" 12/1/2009 aPProvl- � Mailina Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-:0959 Tel. a .(631) 765-1809 F x (631) 76$ MEMO L - . ]7R, .41 TO: Planning Board FROM: Gerard P. G6ehringer, ZBA Chairman DATE: fOvember 24, 2009 SUBJECT: Rb quest for Comments ZBA # 6353 Edson, Ce\A NOV 3 0 2009 As confirmed 'with your office, the ZBA is reviewing the following application, and 'i enclosed copid�. of Building Department's Notice of -Disapproval, ZBA application, and latest map. Th.6 Planning Board may be involved under the site plan review steps under. Chapter 280 (ZO'"ning), and your review and comments are requested at this time. The file is a41'lable for review of additional documentation at your convenience for, reference if needed. NAME '-'TAX # ZONE Office Location: so REQUEST PLANS DATE STAMPED Town Annex /First Floor, Capital One Bank Edson, Lewis 54375 Main Road (at Yo s Avenue) IT9 CA-) Southold, NY 11971 o�yOUM March Peconic http://southoldtown.northfork.net BOARD OF APPEALS TOWN OFSOUTHOLD Surveyors � Mailina Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-:0959 Tel. a .(631) 765-1809 F x (631) 76$ MEMO L - . ]7R, .41 TO: Planning Board FROM: Gerard P. G6ehringer, ZBA Chairman DATE: fOvember 24, 2009 SUBJECT: Rb quest for Comments ZBA # 6353 Edson, Ce\A NOV 3 0 2009 As confirmed 'with your office, the ZBA is reviewing the following application, and 'i enclosed copid�. of Building Department's Notice of -Disapproval, ZBA application, and latest map. Th.6 Planning Board may be involved under the site plan review steps under. Chapter 280 (ZO'"ning), and your review and comments are requested at this time. The file is a41'lable for review of additional documentation at your convenience for, reference if needed. NAME '-'TAX # ZONE ZBA ZONING CODE REQUEST PLANS DATE STAMPED PREPARER Edson, Lewis #6353 -Chapter Farm Stand March Peconic 2-16; 72, Art. 1 20,2007 Surveyors .R-80 Section revised 72-4+ Nov. 18, Art. 1 2009 Section 72-6 @ Your comment&are appreciated by December 30, 2009. Thank you. Encls. V a Y - - r ._ . _ --arc--.r--�•:n:e gwo. Rr . Riv ra 9iinT 4 •stc Ao'xaismr�3a t03umi uaNtlr ' !� 3BrTN cat tot tat Ci I06IT A N'Po zl� w�uaJ �4iraJ °r�exotia's am zrt AtiMW ftIMS, . A ,twa6 a7 naa ' xo - aadOJ a 0 3� o NOI % AM �o:zauneai9a v! s i a a. ao 3irs'xutLm3LTr'3�NrN MM ' oN s al0Htf10S XLOL Lro. eta Q �70��fiS J0 AlNf1U� d 3�uoN. -SIMUMO^ S3Wndu9a a -000 rug W, I Yi rot '057 v Ci w` r I Aur�.ano.s au "HIT* wra u I 171tl1sq 3Mi 3IaW71IC1 t a 'rlpA til '`4 �` • 0~ rsz 0 X04, eo 3ArA5 � 8 °' R ro? L•TT L•tT � „ •e 'Dv't 4 t»rL•t � � • � 4 Oi ' �. R I r f r[t d' . RIM rsWsv JN3 &UAW d' 1S 'armifrs:do.A0rm7i , a @ a mrt•z �C01. & ` roam trOMM . e s d , (. O/ LT b a' 4dL�o f '• V Tl, l.(�. op, _f -� Z" Zed / 4 8 �'•V', iii e �o. -e W. Ar B \ � '�'aSyll7f.'1N31M7I3A#7SZ ' 'r9'LI _mowlmr n+piu ' \.� t•tz ..• .t�1rSSL . s / t��ro•9 �y ctz a p/ rswaar tx%d::AIO maNtros e0 wAuu 0o sa N !'8E0'ZO'ZOT�— CtZ0-z0-i0.S L'.L00•ZO*LOS . iT0-$0-Efi6 dk �3S 335 b!f''O S 5 'ON Ws 33S au^ . 'ON•93S:33S• MN Md WA - VN'' U-VO4 'ON *13d 80d 'ON •vd wi a � rsww waNm�A�o aMM eo N#U Y0 9 OFFICE 470 sq.ff, r ISTOR,4SE 42.3' • O 40.6. W 130.0' -14 ? . v RETAIL SALES . o' a 2373 sq./t. vD� �n 15'5' _ 130.0' i N l_ K�j53 TOTAL RETAIL SALES = 2998 sq.ft. RECEIVED NOV 19 2009 BOAR® OF APPEALS SHOWING BUILDING. LAYOUT .�, .PLAN OF A ' -f 0 . SA N TA S XMAS FARM AT CUTCHOGUE N. Y. 1000-102-02-16 Scale: l " = 20' O.% 49618 Nov. l2 2009 <' NOV. 18, 2009 (REVISED) CONIC SU / (63/). 765 _ 50 5 -1797 P. 0. BOX- 909 ' 1230 TRAVELER STREET SOUTHOLD, N. Y 11971 S 3V- 131.42' S 37.y,y 90.00 NIO/F SAI G I 25 R�PpKSR .) .�aIN ..�t1TU 477.9 FR. DEER SHL TR CJ # )c s k RUDOLF PEN I .a x }—k POsr 6 WIRE FENCE 6 10 n co AREA = 4.5684 Acres W O N O N ° I % srooLwwc 0 S 39'5000' W S. 36g 142 \ 113.15 1LuI� 2s Q Z Z , vim- M N► � O /EL oa PM Z IHA4T — W LEND Q .w 28 S �4ro" 4,63,E M (MA RECEIVRn EXISTING ZONING DISTRICTS - R40 & R80 TOTAL AREA = 25.5023 Acres PARKING - RETAIL SALES : 2998 sq.fl. 2998/200 = 15 sppaces STORAGE = 4356 sq./f. 4356/1000 =5 saces OFFICE • = 470 sq.fl. 4701100 - 5 • spaces D KEL LING 2 spaces 27 spaces MAP OF PART OF LAND OF L E V IS L. EDSON Nov 9 Zoog A T CUTCHOGUE 1130ARD OF APPEALS TO WIV, UF: SOUTHOLD SUFFOLK COUNTY, N Y. 1000-102-02=P/016 SCALE :1"=60' MARCH 20, 2007 OCT. 19, 2009 (REVISIONS) NOV. 13, 2009 (rev/s/ons.) �OF °Eta, r NOV. 18, 2009 (revisions) 5 C. F�16Oar 0� C.O. 49618 (631) 765 5 tsw - 1797 P. 0. BOX 909 tq�p 5 1230 TRAVELER SOUTHOLD, N.Y. 1/97/ FOR INTERNAL USE ONLY SITE PLAN USE DETERMINATION Initial Determination Date: I /�/� , Project Name: Le -1) (s, r) Project Address: D j �� i�-�" C)< -D Date Sent: f / 5 Suffolk County Tax Map No.:1000- I D a _ c� _ 1 Co Zoning District: l('� �PO Request: C—dAM_ SAC- (-l" Y fro Wc0a Ckrs'�crn� 4V-�e e5s .1 S 0A \ %,f\ (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:Gt - Determination as site plan is required: Q�a_✓- _O o k.LL- Signature of Building Inspector Planning Department (P.D.) Referral: P.D. Date Received: //�� Date of Comment: / ZJ / ��9 Signature of PIr , ning•Dept 'Staff Reviewer Final Determination '� , -T�=�= Q s �1 Date: �' , SEP 2 1 2009 Decision: j6 •�F ! ��..-�.� 'nen^v...�"r� —1� 4 f.^..'}fYl_�nF-nL�S'✓.�';.9L..a�%I�itawrevr.+.�.. SinnnticrP of Ruildina Insnartor TO FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL Date: September 21, 2009 To: Lewis Edson P.O. Box 939 Cutchogue, NY 11935 Please take notice that your application dated August 28, 2009: For a permit for a Farm Stand at: Location of property: 30105 Route 25 Cutchogue, NY. County Tax Map No. 1000 Section 102 Block 2 Lot 16 Is returned herewith and disapproved on the following grounds: The proposed use of the existing building as a farm stand is not permitted per Chapter 72, Art. 1, Section 72-4, definitions. Also pursuant to Art. 1, section 72-6(C), requires site plan review. The -Dro-Dosed use does not meet the definition of a farm stand. Authorized Signature Note to Applicant: Any change or deviation to the above'rieferenced application- may require further review by the Southold Town Building Department. .--.7--,, Cc: file, ZBA, planning C C C V* NYS BOARD OF REAL PROPERTY SE S AGRICULTURAL ASSESSMENT RENEWAL CA%X1 % 2008 102.-2-16 BOARD OFASSESSORS Grace Edson Ta,x map: number. C/O Lewis Edson ; Telephone numbers: PO Box 939 Day Number ( ) Cutchogue, NY 11935 Evening Number ( ) E -Mail address (optional) Please renew my application for an agricultural assessment for the parcel identified.below for 20_0 The last RP -305 (LONG FORM) application for an agricultural assessment for this parcel was filed in 20. NOTE: The assessor may ask for substantiation o, f'any requirements for an. agricultural assessment including submission of form RP 305 1. Parcel Status: Yes No a) ❑ 6�H�as there been a change in ownership of this parcel since the last form RP 365 was filed? b) ❑ O Has the applicant rented any land; other than that specified on the last filed RP -305 form, which wasused in conjunction with this parcel for production of agricultural products for sale? C) ❑ EY/Has the applicant rented this parcel or a portion thereof to a person not specified /form RP-3.05?on the last filed d) EJ L"1 Has. the total acrege of this parcel changed? e) ❑ 8/Ras the amount of acreage used for the production for sale of agricultural Products, commercial horse boarding operation, for support land, or for farm woodland, or the theoamount of acreage participating in a federal conservation program, changed since the last form RP -305 was filed? f) ❑ . VDoes the parcel include a newly planted or replanted orchard or vineyard or land under a structure in which crops, livestock or livestock products have been produced during the past two years? g) ❑ dIs the parcel owned or rented by a newly established farm operation and used solely in the farm's fust or second year for planting a new orchard, vineyard or Christmas trees? h) ❑ WHas there been a change in the classification . n of soils on this parcel? If the answer to any of these questions is YES, STOP! You must complete form RP -305 (LONG FORM) to apply for an agricultural assessment. 2. Parcel is located within an established Agricultural District. R(Yes ❑ No -1- 0 DF SOUTHOLD PROPERTY RECORD CARD 0 . STREET VILLAGE ST SUB. LOT 042 Ll�-e FA FORMER OWNER N E R.i �G�SD G S / 6 i ,Z S INC S q i H ..�0 W I :, i ra �i.. TY -OL -OF B . DI TY� UIL N v y ��5 if k. RES. f yd SEAS. VL. FARM COMIM. CB.MICS. Mkt. Value :P -SMP. TOTAL .. DATE. REMARKS �QD.Q:� a c/4 a� d V e l.G swB/ Eh /l�✓B, /L of t.. ,vd. D 3 12 7'- .2 ZZe..S-vL D� 7,o aa Cu 70 1,10 /e " c, a o/✓ 2 a o 5 0 3' Ike 6 :•o P DD i zr ��?c�. SYC�UZ } 318. (�5 �o,--.-- z s Do 9 e o0 3 ai. zo moo 153�� 5/00 (4173 6 F 5 i 3 Ak u 11-1-46: `' ��` f GE BUILDING CONDITION 3/r �4f /ao iT NEW' NORMAL BELOW ABOVE %� ,. 6 est FX s/ov c/ FAR. Acre Value Per Value Acre Tillable ' S 2 � AGE/ON WAT9t C, Woodland FRONTAGE ON ROAD Meadowland DEPTH., /;� Awl House Plot., / BULKHEAD --'�—� Total x DOCK P �j p� 3 d ` � S:RS.NiuYs'.d A e ;}r ,tir _) 102.-2-16 Grace Edson CIO Lewis Edson PO Box 939 Cutchogue, NY 11935 E NYS BOARD OF REAL PROPERTY SE S AGRICULTURAL ASSESSMENT RENEWAL C, Tax man numbers Telephone numbers: Day Number ( ). Evening. Number.(. .) _ E -Mail address (optional) Ea Ni i 2008 I OF ASSESSORS Please renew my application for an agricultural assessment for the parcel identified below for 20. The last RP -305 (LONG FORM) application fof an agricultural assessment for this parcel was filed in 20 08 . NOTE. The assessor may ask for substantiation of any requirements for an. . agricultural assessment including submission of form RP -305i 1. Parcel Status: Yes No a) ❑ 6�&as there been a change in ownership of this parcel since the last form RP -305 was filed?'* b) ❑ Lid' Has the applicant rented any land, other than that specified on the last filed RP -305 form, which wasused in conjunction with this parcel for production of agricultural products for sale? C) ❑ I:J' Has the applicant rented this parcel ora portion thereof to a person not specified on the /form RP -3.05? P last filed d) ❑ '8 Has the total acreage of this parcel changed? e) ❑ LJ i�as the amount of acreage used for the production for sale of agricultural rod � products, for the support of a commercial horse boarding operation, for support land; or for farm woodland, or the amount of acreage participating in a federal conservation program, changed since the last form RP -305 was filed? . 0 ElJL d /Does the parcel include a newly planted or replanted orchard or vineyard or land under a structure in which crops, livestock or livestock products have been produced during the past two years? g)' ❑ E(Is the parcel owned or rented by a newly established farm operation and used solely in the farm's first or second year for planting a new orchard, vineyard or Christmas trees? h) ❑. WHas there been a change in the classification of soils on this parcel? If the answer to any of these questions is YES, STOP! You must complete form RP -305 (LONG FORM) to apply for an agricultural assessment. 2. Parcel is located within an established Agricultural District. dyes ❑ No -1- NYSDOT TRANSPORTATION MAINTENANCE RESIDENCY 03 1900 COUNTY ROAD 58 RIVERHEAD, NY 11901 tel(631)727-1731 fax(631)727-6645 MEMORANDUM DEPARTMENT OF TRANSPORTATION TO: Lou Edson - Santa's Christmas Tree Farm 30105 Main Road Cutchogue, NY 11,935 FROM: Kevin E. Matthaei - NYSDOT Permit Engineer SUBJECT: Your September 4th letter regarding curb cut at NYSDOT ROW [SATE: September 11,'20 . 09 Dear Mr. Edson, This letter is in response -to your September 4th 2009 letter to me regarding the road opening in front of your business at 30105 main Road in Cutchogue. The Town of Southold has asked you, as a matter of desired protocol, to involve the State in any proceedings/actions within the State ROW. Upon field review of your property and apparent usage, it has been determined that you will not need to take any action at your current curb cut within the State ROW. The State recently had a roadway construction contract through that area that replaced your old apron with a new apron made to current NYSDOT specifications. Thank you for your patience with this matter. If there are any further questions regarding this matter, please feel free to call me at (631) 727-1731. Sincerel , Kevin E. Matthaei Permit Engineer Eastern Suffolk Residency 03 Suffolk East -- NYSDOT 516 727-1731 1900 Rte. 58, Riverhead, NY FAX 516 727-6645 11901 ERegion IO SLJi 01 i Aeu, S' RUPWI-MACS 'Atmulu,joa-alli'l I,IRLIV-' UID MAR 10; uosMd Qqj C4,j,jo zooluwell OnA PJJUA a *q of eq Zou 11243 lass peovaq;.tjo Lf A powl C'. -CA, 'rVnr Mel ilq. Lud"ura 30 at 114 UO'" 391 104 u 4 pf 0144 -P 0 0 'y A-7 0 . . . . . . . . . . . . CIO- . . . . . . . . . . . . -+�.r,�v�•.., i-...�. .. ..... ..� _...-..—�_���_�. _._.._PPPPPP, 1 b M1e • S �a ACE !EC 14 01. YAICN 23 10410 e c '•n Y 4 L'NC P' Z roe PARCEL NO F SEE SEC NO O06 z •__ R OS 4 ti 2 SC[ SCC NO 094 z xi12i41e, Sr r 2 ![[ LINE Z !CC NO 000 Z _ w1[ey�0o Y AEE SEC NO 090-08 2:2 i Alr7 rY zp° t II._ ry b a II '•n L.j, °a LS'A° �M1 } � •jy �� IAAIt ��h• �{dd : ♦ 2 °' r.r?' to 4 g' 4 E L z. N Or e x AAltl 15 Y e: M • 4 ""-e-'4'-x-- SIC oil"z T •4• 4 • 1 °v � 11.1 Ii.1AO1 o° •, ti o • + F yy ,•°�+ �• ° •, fR •• ,pnp, fRffh ,, s } M1M1I,� ° �� �4�a �,n°• a •sem d o ��d •,+ •nS\0 Z • 4 •'• / tP 4L �'i �.°' f° /o""•^° � El.eA le� y —�_ 5 M1 LLp b°, r , ` ` 2 d • ,`•`b • F• ° E .• e V 4 e •• VPC e'•. •I•ry4+: b,• /\j n y .rte •r`• • pp' . tx•NCI ..ytP• ''b, ••1 80.84111 .•`b I, ` '140,, on�Nuno. S. :io.t'e: It�[tD •4,•'.. E� • ° v.. iliLai• �riwrit '"•icr0iell, uwLi ;QOP ` h0 ,•`" •, •, bn•`,, ,•.. a ��� n ` P, IL nartnet ,•n + so Lbl iwt� i rxtr� IPt xr'••.r •wn �o-a `•x4 - .our[ •?r`� •/soi ` ^,I[ %• ? :CL NO. M FOR P4RCEL NO BEC BEC. NO IOB•01.OEI.1 0 • 4, .... .._ _ .. .. PPPPPP .. ._ ,b�• •.: Z " but ••N4TCN Z 4 �°14 6CE 8E0 N0. 109 L•°4Nd ti.9•LW - —. r•r••�•[um,n Lr...N•-- W RAY YAP . _ _ ..-p,. a. .N. .. / � WTCN � uNE Z\ °•`,� ..• .e°\c l �IL` �^ •,y • 414 -'. � M1e • S �a 23 10410 e c '•n Y 4 ~ e..A R OS 4 ti 2 COUNTY Dr surrOL1 DEYELOPIIENT FIGHT! xi12i41e, Sr r 2 df ry. T i Alr7 rY S h• b �° _ • x se.BAe4(tl II._ ry b a II '•n L.j, °a LS'A° �M1 } � •jy �� IAAIt ��h• �{dd : ♦ 2 °' r.r?' to 4 g' 4 E L z. N Or e x AAltl COUNTY OF SUFFOLK , �« sour�oL_o ""-e-'4'-x-- SIC oil"z T [Im-mol'urn =�� gc-,2,,,io All 30105 Main Road Pob 939 Cutchogue NY 11935 631-734-7627 631-734-6339f&x Lewis Edson owner r D EC E0WE 5EP 9 2009 i 101 BLDG. DEPT. TOWN OF SOUTHOLO ta's Christmas Tree Farm Ed ooli& z4olv�p� oll 30105 Main Road Pob 939 Cutchogue NY 11935 631-734-7627 631-734- 339fax Lewis Edson owner TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net PERMIT NO. Examined , 20 BUILDING PE T APPLICATION CHECKLIST Do.you'Ytavc 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: Approved 120 t Mail to: /,;\ ScQ/J (I/ t/ Disapproved a/c Phone: Expi20 D CCE VE Building Inspector AUG Z 8 2009 PPLICATION FOR BUILDING PERMIT BLDG. DEPT. / X VD Date Alle 20 TOWN of SOUTHOLD INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises. or public streets or areas, and waterways. c. The work covered by this application may not.. be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of.Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting 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 md regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of pplicant or name, if a corporation) ( ailing address of ap ,cant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder � Name of owner of premises 141 4 (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) I Builders License No. Plumbers License No.. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House S County Tax Map No. 1000 Section Z Block. 2. Lot Subdivision Filed Map:No. - Lot z 10 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy�/��,��> �j1 /-ly�� b. Intended use and occupancy 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work (Description) 4. Estimated Cost tt2 a /9Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if. any: Front 4: Rear - Depth _ HeighNumber of Stories; o Dimensions of same structure with alterations or additions: Front Depth Height Number of S orfs j 8. Dimensions of entire new construction: Front . Rear '""'Depti-;';i Height Number of Stories n.I� int. 9. Size of lot: Front 1' Rear �r _ Depth 10. Date of Purchase Z Name of Former Owner 11. Zone or use district in which premises are situated /l ('5Zd 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO J/ 13. Will lot be re -graded? YES NO Will excess fill be removed from premises? YES NO J 14. Names of Owner of premises ` dress0����� Phone No. 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 4--' * 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 c-� * 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 NO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF ) Grw%1 Z � being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the 4�'1411 OI/� (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to efore me this. day of 20 v , :VICKI TOTH Notary . Public NOWY rublic, We of New York No. 01Y06190696 Signature of Applicant a Qualified in Suffolk Count Commission.Exnires July ?R 2. L