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HomeMy WebLinkAbout1000-101.-2-24.69U b�p Town Hall Annex Telephone (631) 765-1802 54375 Main Road T T Fax (631) 765-9502 P.O. Box 1179 G Q Southold, New York 11971-0959 Q �yMum,� BUILDING DEPARTMENT TOWN OF SOUTHOLD May 21, 2009 Paulette ,Satur'Mueller 3705'Alvah's Lane Cutchogue, NY 11935 RE: 3705 Alvah's Lane SCTM #1000-101.-2-24.5/#1000-101.-2-24.6 Operation without• site plan approval To Whom It May Concern:. My office has received a complaint from the Southold Town Planning Department that your property is in violation of Section 280-127 of the Southold Town Code for use without"proper site plan approval. Therefore, you have fifteen (15) days. from the receipt of this letter to contact the Southold Town Planning Department (76571938) and schedule a "pre -submission conference." Should you fail to contact the planning department, or fail.to comply -with any subsequent deadlines that may be set, legal action will be taken. Thank you in advance for your anticipated cooperation. MeterR411is, aspector 1 Town of South ld Building Department Cc: Heather Lanza, Director of Planning, Town of Southold Planning Department -ws _ C C(P S F1 y kM� MAY 2 6 2009 . PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND September 25, 2007 Pat & Jim McNamara 4000 Alvahs Lane Cutchogue, New York 11935 Re: Satur Farms Dear Mr. & Mrs. McNamara: AOF SO�Tyo� ti O o�yCOU�,� 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: 631765-1938 Fax: 631 765-3136 The Planning Board, at their work session on Monday, September 17, 2007, reviewed your letter dated September 4, 2007 regarding the above reference site. The Planning Board thanks you for your comments and will take them into consideration. Currently, the Southold Town Building Department is reviewing an application for a proposed glass greenhouse located in the north west corner of SCIM #: 1000-101-2-24.6. As per Town Code §280-130, the Building Department will make a written "determination as to whether or not a site plan or an amendment thereto is required... ". In addition, the Suffolk County Farmland Committee reviewed this request at their meeting on September 19, 2007. Many of the concerns listed in your letter are items which can be addressed bythe Planning Board through the site plan process should the Building Department determine site plan approval is necessary. In addition, please find enclosed a copy of the right to farm legislation, which may offer some assistance regarding your concerns. Thank you again for the information submitted in your letters. Please contact this office at 631.765.1938 between the hours of 8:00 a.m. and 4:00 p.m. should you have any questions or need anything further. Sincerely, Ze yn B. Woodhouse Chairperson Enc: Right to farm legislation Cc: File Scott Russell, Southold Town Supervisor Michael J. Verity, Chief Building Inspector PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND September 25, 2007 Joan Lademann P.O. Box 123 Cutchogue, New York 11935 Re: Satur Farms Dear Ms. Lademann: 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: 631765-1938 Fax: 631 765-3136 The Planning Board, at their work session on Monday, September 17, 2007, reviewed your letter dated September 4, 2007 regarding the above reference site. The Planning Board thanks you for your comments and will take them into consideration. Currently, the Southold Town Building Department is reviewing an application for a proposed glass greenhouse located in the north west corner of SCTM #: 1000-101-2-24.6. As per Town Code §280-130, the Building Department will make a written "determination as to whether or not a site plan or an amendment thereto is required... ". In addition, the Suffolk County Farmland Committee reviewed this request at their meeting on September 19, 2007. Many of the concerns listed in your letter are items which can be addressed by the Planning Board through the site plan process should the Building Department determine site plan approval is necessary. In addition, please find enclosed a copy of the right to farm legislation, which may offer some assistance regarding your concerns. Thank you again for the information submittedi your letters. Please contact this office at 631.765.1938 between the hours of 8:00 a.m. and 4:00 p.m. should you have any questions or need anything further. Sincerely, / Jeri�BWoodhouse Chairperson Enc: Right to farm legislation Cc: File Scott Russell, Southold Town Supervisor Michael J. Verity, Chief Building Inspector PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND September 25, 2007 Libby Tarleton 3850 Alvahs Lane Cutchogue, New York 11935 Re: Satur Farms Dear Ms. Tarleton: 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 The Planning Board, at their work session on Monday, September 17, 2007, reviewed your letter dated September 4, 2007 regarding the above reference site. The Planning Board thanks you for your comments and will take them into consideration. Currently, the Southold Town Building Department is reviewing an application for a proposed glass greenhouse located in the north west corner of SCTM #: 1000-101-2-24.6. As per Town Code §280-130, the Building Department will make a written "determination as to whether or not a site plan or an amendment thereto is required... ". In addition, the Suffolk County Farmland Committee reviewed this request at their meeting on September 19, 2007. Many of the concerns listed in your letter are items which can be addressed by the Planning Board through the site plan process should the Building Department determine site plan approval is necessary. In addition, please find enclosed a copy of the right to farm legislation, which may offer some assistance regarding your concerns. Thank you again for the information submitted in your letters. Please contact this office at 631.765.1938 between the hours of 8:00 a.m. and 4:00 p.m should you have any questions or need anything further. Sincerely, erilyn B. Woodhouse Chairperson Enc: Right to farm legislation Cc: File Scott Russell, Southold Town Supervisor Michael J. Verity, Chief Building Inspector ys-ct'•v�".cs��Y :.j` n. a..• s":# +rx"fr-e b..+�'a`a"5*.,-,_., t •+ r a. � Nr As f s"�pd "URI SME ARM F t K.s hP lam^ - • , F{ R ni { 'Y�" 5 Z'', 1. will IS = € EEO 04 WIN r {r5 *. 'I im sit IN , u -.- t ,•-.�. �s� • ` s �� � �, s� i �' aa'Sr ��✓fir'"'}.3a✓ 4 r,t �� +�`�'a^�.� ze WAS'.. ..<.".4 'r<i�3•h.-5,. +^- 2nt u^5,�:s, a '�i•.>-t Vis.: 5.i". e... t*i.-.�3�^'.4 MI 77-12 3 jams ��V.-.r ,,, if s' +-t,• .�,�` •a+= i,# - � . -fin - - ST4 n II V' :^� � '_ , .. 4'E• � ''K.. t"'c�+L f � � Ally, �' fie•' � -... f .AS"� �.» 1y'� ' � s,F Y. counsel annifer B. Kohn advisors oseph Gergela, III NextNext meeting: Tuesday, October 23, 2007 at 6:00 P.M. at the L.I. Horticulture Research Villiam Sonok Extension. Center, 3059 Sound Avenue, Riverhead, NY staff ;oy Fedelem :laire J. Chorny Sufr-I County Farmland Cor littee c/o Suffolk County Planning Department H. Lee Dennison Building - 4th floor, Hauppauge, NY 1 1788-0099 (631) 853-5111 (voice) (631) 853-4044 (fax) 853-4044 chairman NOTICE OF SPECIAL MEETING 3ennett Orlowski Farmland Committee Members & Other Interested Persons members Bennett Orlowski Russell Barnett There will be a Farmland Committee meeting on Tuesday, September 18, 2007 at the L.I. Horticulture Research & Extension Center, 3059 Sound Ronald Bush Avenue, Riverhead, NY 11901 at 6:00 PM. Nate Corwin Lee Foster L Call to order by Chairman Bennett Orlowski Daniel Fricke Olney M. Gardiner 2• Woelffer: Wine storage in existing building or new building for equipment storage Thomas Isles 908-2-2-14 Alfred Kilb, Jr. 3. Tom McGunnigle — Permission to expand a house 1000-74-1-37.3 Joseph Krukowski Dale D. Moyer 4. Discussion on greenhouses Eugene .1. Murphy 5. Steve Meznieski-Permission to rebuild a house on the former Zimmer property Jeffrey Rottkamp 1000-19-1-18.3 Charles Scheer Albert Schmitt =paule to Satur :greenh tu5e- rwe f rat d Mark Zoweski 7. New parcels to be added t., tt,e 8. Meeting Open for Publl,� Comments 9. Other Business counsel annifer B. Kohn advisors oseph Gergela, III NextNext meeting: Tuesday, October 23, 2007 at 6:00 P.M. at the L.I. Horticulture Research Villiam Sonok Extension. Center, 3059 Sound Avenue, Riverhead, NY staff ;oy Fedelem :laire J. Chorny 34 • The Suffolk Times • September 20, 2007 MINI OF THE HAMPTONS MINIUSA.COM 749 County Road 39A Southampton NY 11968-5239 (888) 874-1199 cf/s-�i/'tr7fg�� I n ..-r,Ie„ is en nnn 0¢ thn II.CIIal "wnrkina workmanship and taste were impeccable. So off Noitse. goes. nowh.ere Right to farm trumps quiet By Eileen Duffy at the core it's a farming community, and they can expect dust and tractor noise." Diesel fumes, irrigation pumps run- The three letters ' to the Planning ning in the middle of the night and Board specifically objected to the idling trucks are not what some people trucks' being parked on the road. Sa- expect when they buy a home on the tur farms, however, has applications in North Fork, but if they're looking to live to build a barn with.a loading dock and near a farm they'd better be prepared to a permanent greenhouse on the north - accept the day-to-day reality of running east side of- the farm, said Paulette Sa- an agricultural operation. tur. "That would get the trucks off the "There's a right to farm in this town," street and remove the temporary,hoop said board member Mar- houses near the street," she tin Sidor at the Planning TOWN said by phone. Board's work session on . P LA N N I N G Her husband and busi- Monday. `And we're going ness partner, Eberhard to get more intense with BOARD Muller, said when they the goat cheese, the agrit- bought the land th h d ainment, and now the governor signed into law that farms can distill their own alcohol. I don't know if the town has any idea of where agriculture is going to sustain itself" The Planning Board was discussing three letters it received lately complain- ing about the noise from refrigerated trailers and a refrigerated truck parked on the street in front of Satur Farms on Alvah's Lane in Cutchogue. Mr. Sidor, a farmer, was referring to chapter 308 of the New York State ag- riculture and markets law. Farms in des- ignated agricultural zones are also pro- tected by county and town laws. This right to farm protects farmers from complaints about dust from trac- tors to the use of air cannons to scare birds from crops. Legally real estate brokers are re- quired to inform prospective home buy- ers about the right to farm, said Evans Edson, the managing broker in Pruden- tial Douglas Elliman Is Southold office. "They usually sign on pretty willing- ly," he said by phone. "They understand idea they would start a farm, let alone see the business grow so fast. "I hate those trailers, I hate them with a passion as much as anyone else," he said. "And there's a huge commotion out here in the summer, there's no doubt about it. But what we're doing is impor- tant and a service to the community and the people in New York City. Where are People going to get their food if they don't get it out here?" Mr. Muller added that with the E. coli outbreaks in California and the gradual shift of consumer preference for locally grown food, his business will continue to expand. "I don't know many vegetable growing areas that are as wellsuited as Long Island," he said. The board agreed to respond.to the letter-writersacknowledging receipt and including a copy of the right -to - farm legislation. "There's a town upstate that has on its sign when you enter, `Welcome to [name of town], this is a right to farm town," " said Mr. Sidor. "We should do that here." Got Fie S., Co., (coe *P PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND September 18, 2007 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Bennett Orlowski Suffolk County Farmland Committee c/o Suffolk County Planning Department H Lee Dennison Building - 4`h Floor Hauppauge, New York 11788-0099 Re: Satur Farms 3705 Alvahs Lane, Cutchogue SCI'M # : 1000-101-2-24.5 &24.6 Dear Mr. Orlowski: 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 The Planning Board, at their work session on Monday, September 17, 2007, discussed the above referenced property and offers the following comments regarding this proposed application. Currently, the Southold Town Building Department is reviewing an application for a proposed 252' x 177' glass greenhouse located in the north west corner of SCTM #: 1000-101-2-24.6. As per Town Code §280-130, the Building Department will make a written "determination as to whether or not a site plan or an amendment thereto is required... ". The Planning Board is supportive of this proposed application in so far as it would result in the relocation of farm operations away from Alvahs Lane and provide for better access/circulation around the site. Please do ,not hesitate to contact this office should you have any questions or need anything further. Sincerely, Jerilyn B. Woodhouse Chairperson Cc: File Southold Town Planning Board Main Road Southold, NY 11971 Att: Ms. G. Woodhouse 123 Cutchogue; NY_1:1935.:,� 200��"�� " SEP - 6 2007 1; Dear Ms. Woodhouse and Members of the Board r Southold Torn pin "I Soard After reading about the famous, multi-million dollar success story of Satur Farms recent issue of Newsday, I find it necessaryto voice ff ns r6j .rdi :. ' "c�rtcerns regarding�heaili-ari safety issues created by daily activity at Satur Farms. I own the house across the street from their loading area. My conscience does not allow me to rent this house to anyone as there is so much dust blowing over as they drive in and out of their dirt driveway loading and unloading produce in and out of their six refrigerated trailers which are directly across from my house. The fumes from those refrigeration units running all day are very unhealthy. Windows cannot be open because of the dust and fumes. Also, trucks are loaded the night before for morning delivery, and they run all night long keeping the produce cold. This also creates noise in the neighbor- hood, making it difficult to sleep. Tractor -trailers are constantly lined up on the road waiting to be loaded. This blocks the view for traffic coming or going on Alvah's Lane, plus the fact there are times that it is difficult to get out of the driveways in the neighborhood. Also they have a fork lift carting boxes of produce along Alvah's Lane from their barn to the refrigerated trailers — another hazard on the road as there are many times that boxes are loaded so high, making it difficult for the driver to see. My neighbors, Pat & Jim McNamara, have forwarded to the supervisor many photos of the dangers on the road due to all this farm traffic. I am also noticing more and more tire tracks on my front lawn caused by trucks going in and out of Satur Farms driveway as they have very little space in which to maneuver. In fact, one day as my husband John and I were standing in my front yard and looking at the ruts caused by the above mentioned trucks, Eberhard Muller (Paulette Satur's husband) came running across to inform us that his trucks caused the ruts and that it was o.k. When I stated that this was always a farming community and everyone had always respected one another's property and never rode on anyone's lawn, he said that we were. nothing but a bunch of f---ing morons. That's the type of person he is — no respect for anyone. I come from a farming family, having worked many years on my grandparents' farm in this exact area, (plus I now have a son-in-law who farms) so I wholeheartedly support farming, but I am requesting that steps be taken to avoid the dust, the pollution, the noise, and the road safety. The neighborhood has become very unhealthy and dangerous. Sincerely,, Joan Lademann cc: Mr. Scott Russell, Supervisor Sys% 9U September 4, 2007..::... Southold Town Planning Board PO Box 1179 j 1 53095 Main Road SEP - 6 2007° Southold NY 11971 t Dear Chairperson Woodhouse & Planning Board Members _. Ga^ in s'oard I am writing this letter in regards to the activities occumrigt7vah'kna�e« ..,., known as Satur Farm. I have been residing at 3850 Alvahs Lane for five years and in that time Satur Farm has increased the size of their farm operation to the extent that it has begun spilling over onto the road in front of my house in many ways. They have purchased a high -low in order to bring boxes of produce from their refrigerated barn to the refrigeration trucks. Not only does it run up and down the road numerous times throughout the day, they have begun honking the horn every time they run it. Another aspect that has changed is the amount of refrigerated trucks that park in front of the house waiting to be told where to go which can last up to an hour. Because these trucks run on diesel they cannot turn them off so we are subjected to continuous noise. They also park their own refrigeration trucks in their driveway and leave them plugged in until approximately 3am when the driver picks it up for deliveries. Due to the nature of their business they have numerous tractor trailers pulling into their loading area to pick up produce as well as drop off supplies, there can be up to three tractor trailers lined up in front of my house in one day. I realize that they are trying to make money in a business that can be very fleeting and I sympathize. My boyfriend owns his own organic farming operation and I realize that the more quantity you can produce the more money you can make. My problem is that the totality of their operation is located on the road. They own a large piece of property behind their house that if they chose to they could relocate the refrigerated tractor trailers to the back as well as the vehicles that needed to run throughout the night. There are no houses located back there so it would not be trading one persons comfort for another's, there are only grapevines and more farm fields. The quality of life has diminished since their operation has increased in size due to the noise, dust and traffic that goes on seven days a week. I consistently have people drop by and comment on the amount of noise and ask "does that run all of the time?" I can no longer open the windows in the front of my house because of all of the dust and many times have turned on a fan or a radio to block out the noise from the trucks or from the rattling of my own windows due to the vibrations. If there is anything you can do to alleviate some or all of these problems it would be greatly appreciated. Thank you for your time. Libby Tar eton 3850 Alvahs Lane Cutchogue NY 11935 1 G% August 21, 2007 57-fiFf Southold Town Planning Board Main Road Southold NY 11971 Dear Chairperson Woodhouse & Planning Board Members; This letter is in regards to the site planning meeting which will be coming up in the near future for Satur Farm LLC located at 3705 Alvahs Lane Cutchogue NY. I have enclosed pictures that I hope you will take into consideration when making your decisions. These pictures show nuinerous tractor trailers and box trucks loading and parking along Alvahs Lane. This is a major concern for those of us entering and exiting our driveways along this road as well as for traffic flow along Alvahs Lane. I have also enclosed correspondence through the years that you may find of interest. I would also like noted that for the last three years there have been no crops grown on their land located to the west of Alvahs Lane except for a patch of asparagus behind the residence. We would like the'committee to know that we are not newcomers to the area. Our family has occupied this home on Alvahs Lane for the past 36 years. Be assured that we are 100% in favor of farming as this land has always been farmed since we have been here and before. Our concern is that there are currently 6 refrigerated trailers running non-stop 24-7 directly in front of our house. Imagine not being able to open your windows because of the horrible noise and diesel fumes as well as continuous dust storms coming off the driveway. Here we are senior citizens and we can't enjoy the outdoors. There are times one can't even eat a meal outdoors because of the dust. How much are we to endure? Because of all of this (and which has been documented by our doctor) we are on anxiety medications. Our lives have been drastically changed because of this situation. Site planning is required because of the change in intensity of use which affects the characteristics of the site in terms of parking, loading access, open space and utilities. We sincerely hope you care enough to do a site plan soon, as this has been going on for five years. ncer & Jim McNamara 00 Alvahs Lane Cutchogue NY 11935 c/c J & J Lademann J & K Lademann L. Tarleton N. Todd av,;^Sx ','�a.'•i g v Mf2�{3: ": � r �i.. �. ., n«„, h. C E jU E f SEP -6 2007 Southold Tann , lit ,d 7,. r - u .rr•83e� vi,F :r....,i-..Sm...;..,-.rn.-. «� ��v+ ..� ,r .r-. w .. .... _v,na: dsxsiaN unfi N 1V1aYter of P4616 e Satur-MieWv Zonhlg Hoard.4Appeals of the Town of Southold (20... Page 1 of 4 Matter of Mueller v Zoning Bd. of Appeals of the Town of Southold 2004 NYS1ipOp 06648 Decided on September 20, 2004 Appellate Division, Second Department This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on September 20, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARMENT MYRIAM J. ALTMAN, J.P. SONDRA MILLER GABRIEL M. KRAUSMAN BARRY A. COZIER, JJ. DECISION & ORDER 2002-11053 [*111n the Matter of Paulette Satur Mueller, petitioner- respondent, V Zoning Board of Appeals of the Town of Southold, appellant, et al., respondents. (Index No. 16967/01) Smith, Finkelstein; Lundberg, Isler & Yakaboski, LLP, Riverhead, N.Y. (Frank A. Isler of counsel), for appellant. Wickham, Bressler, Gordon & Geasa, P.C., Melville, N.Y. (Eric J. Bressler of counsel), for petitioner -respondent. In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board of Appeals of the Town of Southold dated June 7, 2001, which, after a hearing, innulled the Town Building Inspector's decision to grant the petitioner a building permit, the 7-oning Board of Appeals of the Town of Southold appeals from a judgment of the Supreme ittp://www.courts.state.ny.us/reporter/3dseries/2004/2004_06648.htm 9/22/2004 Maffei of -a, , to sat Mueller v Zor�irfg Board of Appeals of the Town of Southold (20... Page 2 of 4 Court, Suffolk County (Jones, J.), dated July 1, 2002, which granted the petition, annulled the determination, and reinstated the building permit. ORDERED that the judgment is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed, and the determination of 'the Zoning Board of Appeals of the Town of Southold is reinstated. In 1997 the petitioner, Paulette Satur Mueller, and her husband, Eberhard Mueller, purchased an 18 -acre farm on Alvah's Lane in'the Town of Southold. Mr. Mueller is a celebrated chef, and the Muellers grow organic speciality produce on their farm, both for their own use and for sale to a number of Manhattan and Long Island restaurants. Prior to the Muellers' purchase of the farm, the County of Suffolk acquired development rights to most of the property as part of its Farmland Development Rights Program. In April 1998 Mrs. Mueller wrote to the Suffolk County Farmland Committee ,hereinafter the [*2]Farmland Committee) to request permission to build a greenhouse, which would extend the growing season of certain produce. In her letter, Mrs. Mueller Indicated that she and her husband planned to locate the greenhouse at either the northwest )r southeast end of the property, and represented that it would not be obtrusive at those sites. Chey intended the greenhouse to remain in place for the three-year lifespan of the materials )f which it was to be constructed. At a meeting later that month, the Farmland Committee ipproved the construction of a temporary greenhouse at the northwestern location, "subject o local requirements." Thereafter, without obtaining a building permit, the Muellers : :onstructed two temporary greenhouses on the northeastern portion of their farm, Lpproximately 70 feet from the front property line. The greenhouses each measure 30 feet by 16 feet, and total approximately 6000 square feet. When the construction came to the Town's ttention, the Town Building Inspector informed Mrs. Mueller that a building permit was ,quired for the greenhouses. Mrs. Mueller then applied for and obtained a building permit )r the structures. Patricia McNamara and James McNamara, who reside across the street from the Zueller farm, appealed the decision to issue the building permit to the Town's Zoning Board F Appeals (hereinafter the Zoning Board). In support of their appeal, the McNamaras -gued that the Building Inspector erred in issuing the building permit without first requiring tp://www.courts.state.ny.us/reporter/3dseries/2004/2004_06648.htm 9/22/2004 Matter or rauiCua oaLLLL L•--__ the Mueller . ---- 1 s to obtain site plan approval for construction W sae greenhouses. Pursuant to the Town's zoning ordinance, site plan approval must be obtained for "[a]nychange in use or intensity of use which will affect the characteristics of the site in terms of Parking, �� 100 250 . in access, drainage, open space or utilities" (Code of Town of Southold § ) loading,they had an The McNamaras further noted that prior to the construction of the greenhouses,Alvah's unobstructed view from the front window of their home to the farm field across the on the Lane. They also pointed out that had the Muellers placed the greenhouses o northwestern portion of their ptoperty in compliance with the Farmland Committee's the would not have lost their scenic view of open farmland. The Muellers argued decision, y since that there had been no change in the intensity of the agricultural use of their property had alwa s been grown year round. In addition, the Muellers maintained that even if crops Y the extension of the growing season for certain crops constituted an intensification of he agricultural use of the property, such use did not affect open space because the gree nhouses covered less than one percent of the farm property. Following a public hearing, the Zoning Board granted the appeal, concluding that site plan approval was required prior to issuance of a building permit for the greenhouses. In P PP greenhouses ...total support of its determination, the Zoning Board stated that "[t]he gr approximately 6000 square feet. By sheer size alone these cannot be considered m inor accessory structures. The footprint created by such substantial greenhouses as well as their at a placement on the property constitute a change in intensity. of use which will affect, P 100-250 site plan minimum, open space. Thus, pursuant to [Code of Town of Southold] § approval was required as a condition precedent to the issuance of a building permit. The [Zoning] Board notes that in totaling approximately 6000 square feet these structures are larger than the majority of the structures in the Town. Mrs. Mueller subsequently commenced this proceeding to annul the Zoning Board's determination. The Supreme Court granted the petition, finding that there was no evidence that the temporary greenhouses would increase the volume of agricultural production on the property, which historically had been used to grow crops. Zoningboards have broad discretion in interpreting local zoning ordinances and a court ah v Utschig, may not substitute its judgment for that of the zoning board (see Matter of Ifr oschig, Y g f p eals o T 98 *3 NY2d 304, 308; Matter of SSO Halstead Corp. v Zoning Bd. o A p f [1 .us/reporter/3dser2ies/U04/2004_06648.htm httpalwww.courts.state.ny 9/22/2004 ••1µ«i v1 1 auivu.a 04Lw 1V1uC11Gr v c.oMng t$oara or Appeals ofthe Town of Southold (20... Page 4 of of Harrison, 307 AD2d 291, affd 1 NY3d 561). Thus, a zoning board's determination must be upheld if it is rational and supported by substantial evidence, even if the reviewing court would have reached a different result (see Matter of Ifrah v Utschig, supra at 308; Matter of P. M. S. Assets v Zoning Bd. of Appeals of Vil. of Pleasantville, 98 NY2d 683, 685; Matter of Sasso v Osgood, 86 NY2d 374, 3 84; Matter of Savetsky v Board of Zoning Appeals of Town of Southampton, 5 AD3d 779, 780, Iv denied NY3d [Aug. 31, 2004]). Here, the record clearly demonstrates that the very purpose of the greenhouses is to increase the farm's productivity by extending the growing season of certain crops, and enabling other crops to survive the winter. While it is true that crops have historically been grown on the farm, it cannot be said that the Zoning Board's determination that the greenhouses will intensify the existing agricultural use is irrational (see Matter of 550 Halstead Corp. v Zoning Bd. of Appeals of Town/Vil. of Harrison, supra; Matter of Saladino v Fernan, 204 AD2d 554). Furthermore, the Zoning Board also rationally concluded that the addition of two structures totaling 6000 square feet is a change which affects the farm's "open space" within the meaning of the local zoning ordinance. In this regard, it should be noted that one of the reasons the Town has deemed farming to be essential to the community is that farms "provide fresh food, clean air, economic diversity and aesthetic open spaces" (Code of Town of Southold § 100-220). The task of balancing -a farmer's need to increase productivity by constructing improvements against the need to preserve open space for the enjoyment of all is a matter best left to the local zoning board. Consequently, the Supreme Court should have denied the petition. The parties' remaining contentions are without merit. ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur. ENTER: James Edward Pelzer Clerk of the Court bw miwwmii http://www.court's.state.ny.us/reporter/3dseries/2004/2"004 06648.htm 9/22/2004 Cornell Cooperative Suffolk County Suffolk County Farmland Select Committee C/O Mr. Ben Orlowski, Chairman H. Lee Dennison Building Veterans Memorial Highway Hauppauge, NY 11788 Dear Mr. Orlowski: Edoeation - +' 2" GdfSng Avmue Riverhead, NY 11;9913086 Tel: 631 M-7850 Fax 631777-7130 „www-coe.aorneU-e"zufiblk 01,1UN18 A10 : 4 2 At the request of the Suffolk County Farmland Select Committee, Dale Moyer and I visited the Satur Farm i Cutchogue on Tuesday, May 29. We talked with Paulette Satur for about one hour concerning the location o her two greenhouses on the land in the Suffolk County PDR program. We walked around the farm and discussed the options available to the west of her home and the non -PDR lal just north of the house. To us the one likely location would be the area now planted to asparagus that is west her home: The crop is in the second season. She had objections to all of the alternatives suggested. She also talked about relocating these greenhouses onto another farm property that she is hoping to purchase. She indicated that she is bidding on the second farm and ay not have it settled in the near future. When I m mentioned that the Committee would likely approve waiting to the end of the 2001 growing season, she aske( they would extend it for two or three seasons. Several times I pointed out to her the criteria that the committee uses to rate land for the PDR program and th vistas are important. We also mentioieds e request approv o er a gr ousel ono Mer — I: o the and anMe request was approved. She claims that s e t ou t t at it was er choice as to locating the greenhousre t. ey are current y. I reminde er severa times t at y not ollowin the approved p an, er nei rs an a num er o t e committee mem ers were opposed to the current location. At this point, we do not feel that Paulette Satur has been willin to even consider an other location. This is tl same reaction that she dis –played when Ben Orlowski met with her before the May Committee meeting. Therefore we do not have a suggestion at this'time for an alternate location for the greenhouses. Ben Orlowsk suggested that members of the committee stop and look at the farm to see the situation firsthan . If you have any questions, please do not hesitate to talk with me or Dale Moyer. Sincerely, Uv , William J. San k Extension Educator Agricultural Program Director WJS:II Helpr119 i ou Put Knotvledge to Work C"rnall CooNrativs Ezteusion in Suffolk County provides equal peesram and aatploymeat opportunities: Pa z% l �o--.,.w... a-n.c�" � A �i°"�G� o f 52a c olw/ � ��. ��� . �/ '�p P / 3�C � ,tet- � /�� ;� ���������� rr„� y� ���^a �:�-P� �F�.:,� i�r �°'mac �� �v�� t� �,,p�.,�.x��� `�2< Gam- �,��e l(�e,,.�,�Q� Q2n�s,a��ltca.� ;f.lC /!ted ¢n t�E �/� F /Y rzac. L��..7,�. �-G .� a /i-L,y ..%mak_.(' C2 ay e enc -e- . I If 16Z V! . � v F ..'� ^�'^s' t F : .:. 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Ob r ,Wev- 77 �1�,� G ��r,ty. �i� •� x t�,�r 4 r t� t � ! �hR t.� d" � a CiG.h�Jt.S.,.at'.4;r .,;.,�nrf. , r siS�l..v'A, •. t'y3 3 t., M ..r?aa.u. .,. 1 n�.'.ger,•�,. "#� N •• y f ry„~yy s Ic jia�A'-attg,-Lc}"•�i, '}�"�C r,3�x t 5 a�`kr�f r`�si a�aPt' �S t4ur..x•fA ��rS!syF,g��aX+ *t "f`•t%n "ttn'iv`w,.nai' \ `f kg4 • �N ,- S^ W="�an:. a\f 7.4; nrx P�nRF{;' uaax ^,�N'x����?�,,.. M,m,•cir:,.m..:.. t .F x^•,, 5,{"iT�i.xt`�%y "'�"...v�9Nao��@,tn „ _„ t ,-•��i�.',� /v gip. ��"•`• ` , _ �- .:. ,« ;J;:a% a mow•„ � � (�- R Y M 4 .. �. •— �� W rie07! � 1ii it ' Y t .� ._ ���1i Imo• r ,;J''*'`'!ay`[`k'i, .:.�•,yw, 4 .�� QAC{���#••���,"'���,C�,^7'✓s'� 'al; -J M/Pcc3i", s .v e� I ms,�i N'AA A - ®- .. , , qv.R, 44 !sr. Ale, k,Rik I :-PAwe.'A "To al 4Q, 1go Mal- IT: PER MW ............ IT: PER MW �Ovwelw- 4, ." , IMP�g M, "Moll, A."R -PA pr a;nl 4- xv N', ..... . . . . . . ti OP� 4M, AR. -Ps re gr,� m 0 A FM S-Vim ag 'i. i '�o ' ftam " _ ,•, .� jfi;�.`":'.e n ' �^� ', • of I ? vY1 A r �y r, � �� ,r .r .: if ` ~�' �� ° r•,� �, .. o", Omni p^a�"•ei'�,'3 4r. .a �• ; r # err `, ; ., �''�'���•��st, ���.,'L y;'�mT �•� '�a't��v "`: �,s F,ce�+,.m rp - ei :� ••.. � a '. _. � ugh ra?M•.,y... .., ,_. . , l x w� .- Oak AC' ' • ...oe1f'.ry.. . r cwI _-.. > e • AR Oma:: .NYSRPS ASSESSMENT INQUIRY-- DATE 04/19/20 473889 SOUTHOLD SCHOOL MATTITUCK SCHOO ROLL SEC TAXABLE PRCLS 129 LAND RIGHTS - TOTAL RES SITE 101.-2=24.6 TOTAL COM SITE 3705 ALVAHS LA ACCT NO 13 OWNER & MAILING INFO===I=MISC 1======== -----= ASSESSMENT DATA MUELLER PAULETTE SATUR & IRS-SS I - **CURRENT** RES PERCENT EBERHARD 1 1 ILAND 2,000 **TAXABLE** 3705 ALVAHS LANE I BANK (TOTAL 2,000 COUNTY 1 CUTCHOGUE NY 11935 **PRIOR** TOWN 1 (LAND 2,000 SCHOOL 1 (TOTAL 2,000 ==DIMENSIONS===1=====_= SALES INFORMATION __________________________________ ACRES 16.14 (BOOK 11826 SALE DATE 04/08/97 SALE PRICE 220,0 (PAGE 072 PR OWNER DROSCOSKI ALBERT & ORS =======TOTAL EXEMPTIONS 1_____________I== TOTAL SPECIAL DISTRICTS 4 CODE AMOUNT PCT INIT TERM VLG HC OWN CODE UNITS PCT TYPE VALUE 41720 1,900 04 IFDO29 IPK090 IWWO20 ISWO11 F1=NEXT PARCEL F3=NEXT EXEMPT/SPEC F4=PREV EXEMPT/SPEC 75.10- 03-050 F6=G0 TO INVENTORY F9=G0 TO XREF F10=G0 TO MENU Submission Without a Cover Letter Sender: LA- L't � Subject: SCTM#: 1000 - lot— ;z— -Ci-(O Date: 0 S - Comments: 1� , - OCT -28-2004 09:29 =SC PLANNING Suffolk County Farmland Committee Orlowski sell Barnett ony Brand, Jr. Ad Bush i Corwin Foster lel Fricke :y M. Gardiner nas A. Isles J W. Jarvis, Jr. d Kilb, Jr. iph Krukowski :ne Murphy ib Rottkamp rles Scheer a Schmitt c Zaweski ;r Zeh Jer j Ifer B. Kohn i .I ad i isars Joh ph Gergela, III Will am Swok sta Ro' Fedelem CIA re J. Chorny coo Suffolk County Planning I]epartment H. Lee Dennison Building - 4th floor, Hauppauge, NY 11788-0499 i P. 0. Box 6100 (653 853-5111 [voice] (653)853-4044 [fax] (653) 853.4044 October 29, 2004 P.01 Ms. Paulette Satur Satui Farmis 3705 AM4's Lane Cutchoguej NY 11935 Dear, Ms. �atur: Thank you for attending the October 28, 2004 meeting of the Suffolk County Farmland Committee. At that meeting the Farmland Committee reviewed your proposal fob a 30 -foot by 100 -foot hoophouse to be located 150 feet west of Alvah's Lane and 50 feet north of the property line, as per the drawing you submitted. i Your proposal was approved subject to approvals applicable under federal, state or local; law, �nd subject to input from NRCS. Sincerely, Ray , ei dele�n Principal Planner TOTAL P.01 0 shown hrruon are Iron fiudd otlssrvotrons and or from data obloinad Irom Ofb"'". c'ONrOUR 194ES AND ELEVATIONS ARE R£F ERENr'ED TO THE RVE e s� EASTERN ro[VNS TOPOGRkP7#C 3 AAPS 0. `o f a ~,y 0�. Nor .'lb'' •6� t�• ,p Ids ay +� ^� •u a r .a0 a� 1 N p br S� �D �• � _ I�'� �b (� E' O 1090 0 0 •.P' f d •Y• Rp, � ¢t� 4 A Ws e ~Jt^Q•- pf cf opap 1 am kwAw ft MADAMS FOR APPROVAL AW a-A$nX CMN OF Sr ,GfkCLF S AS SYS M4 FOR WeaE FAW Y RESrZVXS � �*m caRr#YAVW49WW/01*wdwft hMyrl. , x CCRTIF)VD TO, EBERfARD k"LQR PAIAETTE SATTIR hkXLER rrr_BSTER BANK COmhOONwF.ALTN LAND TITLE INSURANCE' COMPANY RN 97 0159 `Rf,A >w 80, 000 Yeti ft. 4L TFyLe rlcw aq Ar ri# . ro T7&5 St- WCy !S A VnX A TA?Y T>Cw 7i9 A YctRa s rA rE F1N u rrav c� +r AS VRI S£CTKW T20ff $�G�ygy�ggql Z ALL CEgi A:AYkWs s BOAR T) r 4a c,.lO SEALheu?F OALY [rata 77Aff . AMY.ARs I aP vrm ' LY TO LoA4'?LY K7)11 At BeANY ifilllJ ALL SAO LAB/ Tt4; rpr w 'At. TF -RCD: IS.N' .tom s:a9vFYg9S UTR-a-M A =rY 7fi A.d9VEYCsq!•.4,jyg7°, ira.Ars SUpr AS ' "E'CTCL' ,4M SURVEY OF PROPERTY AT C(J d C1 "d69/1. UE TOWN OF .SOUTHOLD .SUFFOLK COUNTY NY 1000 - WI -• 02' -• ,2'4:Y Scale. 1" = 50' Feb, 27, 1997 M,r.V 7G, 199997 '7 /'welt IL x r (PraP •Ir :,11., u 1' Y "0' 1 Y.S. LIC NC. 95 18 P- CONIC LyE'Y RS i t 1 7E3' -'-3020:?• lG X 9(Z,9 S FldCl�d) 119,1 97Y., Importance: High Bruno, I spoke with Paula Satur of Satur Farms this afternoon. She was confused about the whole site plan review process and I explained to her that the Building Department had determined that she had to make an application to the. Planning .Board for approval. She will contact you on Tuesday, the 1 -8th, about setting up, an appointment (in the near future) to sit down and review the site plan process. She needs an application, guidance on what to: show on the site plan and the fee. I told her she has to bring with her the following things: 1, The letter from Suffolk County Farm Select Committee indicating that she has permission to place a structure on land from which the County purchased development rights. She has to bring us the same plans she brought to them showing where.the building is going. 2. A sketch showing what she proposes to do. Bruno, there was litigation on the last site plan application she brought in, so ,you should be careful what" you say and how you say ,it. The Court has ruled that the Town has the right to, require a site plan. If you have any questions about this, you can check the legal file for this case, its. in the Legal file cabinet in your, office; or you can talk with Kieran. Also, I want you to call Benny Orlowski before you meet with her and find out from him EXACTLY what the Farm Select Committee approved. I know that there was a dispute about WHERE on the farm the Select Committee agreed to let her place another structure. She already has approval for one structure. You need to get the details before your meeting with her. You can reach Benny at work at 727 3595. Keep me posted on this! And keep your cool. She is. not happy about having to go through the process. She kept saying she thought the Town. Board had amended the site plan legislation to exempt agricultural operations from any site review. Don't allow yourself to get dragged into a debate on the issue. If she wants to debate, send her to me or if I am not here, Kieran. (Sorry Kieran!) � . `. Valerie Randolph, Linda From: Scopaz, Valerie Sent: Friday, January 14, 2005 12:11 PM To: Semon; Bruno Cc: Randolph, Linda; Corcoran, Kieran Subject: Satur Farms Importance: High Bruno, I spoke with Paula Satur of Satur Farms this afternoon. She was confused about the whole site plan review process and I explained to her that the Building Department had determined that she had to make an application to the. Planning .Board for approval. She will contact you on Tuesday, the 1 -8th, about setting up, an appointment (in the near future) to sit down and review the site plan process. She needs an application, guidance on what to: show on the site plan and the fee. I told her she has to bring with her the following things: 1, The letter from Suffolk County Farm Select Committee indicating that she has permission to place a structure on land from which the County purchased development rights. She has to bring us the same plans she brought to them showing where.the building is going. 2. A sketch showing what she proposes to do. Bruno, there was litigation on the last site plan application she brought in, so ,you should be careful what" you say and how you say ,it. The Court has ruled that the Town has the right to, require a site plan. If you have any questions about this, you can check the legal file for this case, its. in the Legal file cabinet in your, office; or you can talk with Kieran. Also, I want you to call Benny Orlowski before you meet with her and find out from him EXACTLY what the Farm Select Committee approved. I know that there was a dispute about WHERE on the farm the Select Committee agreed to let her place another structure. She already has approval for one structure. You need to get the details before your meeting with her. You can reach Benny at work at 727 3595. Keep me posted on this! And keep your cool. She is. not happy about having to go through the process. She kept saying she thought the Town. Board had amended the site plan legislation to exempt agricultural operations from any site review. Don't allow yourself to get dragged into a debate on the issue. If she wants to debate, send her to me or if I am not here, Kieran. (Sorry Kieran!) � . `. Valerie PLANNING BOARD MAIL LOG Tuesday, December 21, 2004 Sender Document NYS DOT 2 copies of 12/16 It Architect re Malon 97-5-4.5 o 1 copy of 12/16 It T.McCarthy re Mullen Motors Pa; 5, 2 copies of 12/17 It Pat Moore re Law Offices/Residence s torr Farmscopy of�11/1�8�B1dg�Dept: Notice of�D s_approvaI Inter -Office: Town Engineer 12/20 Itr re Island Health Project, FI 6-6-20.7 Town Attorney 12/20 memo re Residential Site Plan Amendment Town Clerk's FOIL Request from J. Adams re Cross Sound Ferry R Meeting Notices::. e - TDR Working Group 2:30 p.m. Weds. 12/22 —Land Pres - Greenport Hamlet Stakeholders 6 p.m. Tues. 1/4 & s - ARC 4 p.m. Tues. 1/4 — Bldg. Dept. Conference Room 13 - Town Board - Tues., 12/28 9 a.m. work session; 7:30 p.m. Meeting; 8 p.m. Public Hearing Southampton TB Resolution rezoning map amendments ,Requests for Information: none o�oguF FO(,�c® W M Town Hall, 53095 Main Road tp Fax (631) 765-9502 P.O. Box 1179 A �� Telephone (631) 765-1802 Southold, New York 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM TO: Bruno Semon, Senior Site Plan Reviewer FROM: Damon Rallis, Permit Examin 77az4A Irl , , RE: Satur Farms Proposed Hoop House Notice of Disapprovall®z'' r ceivrD e,J DATE: .December 20 2004 PER YOUR REQUEST SCTM# 1000 — Section 101 - Block 2 - Lot 24.6 As per your req est, I have reviewed this file and determined that a "site plan determination //sheet" did not precede the notice of disapproval, issued on November 18, 2004. Along -%Jith the application for a hoop house on the Satur Farm property, this office is in possession of ZBA decision 4909 and a copy of the New York State Appellate Court decision (attached), which makes null and void, a previous building permit for similar structures on the applicants property. Both the appellate court and the zoning board of appeals noted that the building department erred in not requiring site plan approval for such projects. Therefore, because this project reflects the same type of construction on the same farm noted in both the ZBA and Appellate Court decisions, it was our determination, along with the advice of the Southold Town Attorney's office, that a site plan is absolutely required. Because the building department had no choice but to send the applicant for site plan, it was my feeling that a "site plan determination sheet would have unfairly held up this notice for disapproval. Please review the attacked -do s d..le me know if you disagree with our interpretation of botliEtfi'iZA d(rel jteo t=t` cision. Cc: File, Michael V city f ' JAN 1 9 2005 � J Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 MEMORANDUM BUILDING DEPARTMENT TOWN OF SOUTHOLD TO: Bruno Semon, Senior Site Plan Reviewer FROM: Damon Rallis, Permit Examin r RE: Satur Farms Proposed Hoop House Notice of Disapproval DATE: December 20, 2004 PER YOUR REQUEST SCTM# 1000 — Section 101 - Block 2 - Lot 24.6 Fax (631) 765-9502 Telephone (631) 765-1802 As per your request, I have reviewed this file and determined that a "site plan determination sheet" did not precede the notice of disapproval, issued on November 18, 2004. Along with the application for a hoop house on the Satur Farm property, this office is in possession of ZBA decision 4909 and a copy of the New York State Appellate Court decision (attached), which makes null and void, a previous building permit for similar structures on the applicants property. Both the appellate court and the zoning board of appeals noted that the building department erred in not requiring site plan approval for such projects. Therefore, because this project reflects the.same type of construction on the same farm noted in both the ZBA and Appellate Court decisions, it was our determination, along with the advice of the Southold Town Attorney's office, that a site plan is absolutely required. Because the building department had no choice but to send the applicant for site plan, it was my feeling that a "site plan determination sheet" would have unfairly held up this notice for disapproval. . Please review the attached documents and let me know if you disagree with our interpretation of both the ZBA and Appellate Court decision. Cc: File, Michael Verity FORM NO. 3 NOTICE OF DISAPPROVAL DATE: November 18, 2004 TO: Satur Farms LLC 3705 Alvah's Lane Cutchogue, NY 11935 Please take notice that your application dated October 29, 2004 For permit to construct a hoop house at Location of property: 3705 Alvah's Lane, Cutchogue County Tax Map No. 1000 - Section 101 Block 2 Lot 24.6 Is returned herewith and disapproved on the following grounds: The proposed construction on this conforming lot in the AC District requires site plan approval from the Southold Town PlanningBoard. oard. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Planning Board, ZBA ► �i Nov 1 8 2004 ;� ) Sou --,hold Town Ni ening BoaM TO: Satur Farms LLC 3705 Alvah's Lane Cutchogue, NY 11935 FORM NO. 3 NOTICE OF DISAPPROVAL Please take notice that your application dated October 29, 2004 For permit to construct a hoop house at DATE: November 18, 2004 .17 :5 Location of property: 3705 Alvah's Lane Cutchogu�e County Tax Map No. 1000 - Section 101 Block 2 Lot 24.6 Is returned herewith and disapproved on the following grounds: The proposed construction on this conforming lot in the AC District requires site1p an approval from the Southold Town Planning Board further review by the Southold Town Building Department. . CC: file, Planning Board, ZBA Pu1 a.. 1 C ed pplication, may require Board of Repeals Town of SoLthol� FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 7, 2001 Appl. No. 4909 — Patricia and James McNamara STREET & LOCATION: 3705 Alvah's Lane, Cutchogue 1000-101-2-24.5 and 24.6 DATE OF PUBLIC HEARING: February27, 2001; March 15, 2001 I. NATURE OF APPEAL: Appellants, Patricia and James McNamara, request that the Zoning.Board of Appeals reverses a Building Permit (No..26821-Z) dated October 4, 2000 issued to Eberhard Mueller and Paulette Satur Mueller to construct two greenhouses. East greenhouse measures 30 by 96 feet. II. RELIEF REQUESTED: Appellants maintain that the Building Inspector erred in issuing the building permit, because, pursuant to Southold Town Code Section 100-250, site plan approval by the Town Planning Board was required for this project prior to a building permit being issued. Site plan approval was not obtained. III. PROPERTY FACTS/DESCRIPTION: The property consists of approximately 18 acres situate along the west side of Alvah's Lane in Cutchogue and is improved with a newly constructed house, a cottage converted to a storage building, and a barn. The greenhouses were constructed about 7.0 feet from the front property line. Of the 18 acres, the development rights on approximately 16 acres were sold to the County of Suffolk. The property. is more specifically described as SCTM Parcel #1000-101-2-24.5' which covers that portion of the lot on which the development rights have not been sold, and SCTM Parcel #1000-101-2-24.6 which covers that portion of the lot on which the development rights have been sold. IV. MATTERS CONSIDERED: 1) Eberhard Mueller and Paulette Satur Mueller own the parcel for which this building permit was applied. 2) The McNamara's own a parcel of property and live directly across the street from the property for which the Building Permit in question was issued. 3) Construction of the greenhouses was originally begun without building permits. The Building Department stopped the work and subsequently the property owners applied for and received building permit No. 26821-Z. 4) The greenhouses each measure 30 x 96 feet. The square footage of the greenhouses totals approximately 6000 square feet. The greenhouses have no heat. The floors are the t Page 2 — June 7, 2001 Appl. No. 4909 — P. and J. McNamara 1000-101-2-24.5 and 24.6 5) The Building Inspector testified that there was no distinction between a temporaryor permanent building under the Town Code. The Building Inspector further testified that the greenhouses met the definition of building under the Town Qbde and therefore a building permit was required. 6) Pursuant to the Southold Town Code the -property owned by the Muellers is a single lot, despite the fact that the lot has two Suffolk County Tax Map Numbers. There was no subdivision involved, just the sale of the development rights on the majority of the parcel. Two SCTM numbers were issued for ease of taxing purposes, not to indicate two legal, separate and distinct lots as defined by the Town Code. V. APPLICABLE CODE PROVISIONS: Chapter.100 "Zoning" under Article XXV, Section 100-250 entitled "Site Plan "Approval, - which reads as follows: § 100-250. Applicability. This Article shall apply to every. land use that Is permitted. in the Town of Southold except the single-family home useon a single and separate lot as set forth in Article III, § 100-31A(1), and custoinary nonagricultural accessory.uses to a single- family residential home use as stated in the Town :Code. Any change in use or intensity 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. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Building,Inspectorexcept upon authorization of and in conformity with the site plan approval by the Planning Board and -all other public agencies involved. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this matter on February , 2001 and March 15, 2001, at which time written and oral evidence was presented. Based- on all testimony, documentation, . personal observations of members of .the Board and other evidence, the Zoning Board finds the following facts to be true and relevant: Issue before the Board The crucial issue. before the Board is whether or not these two greenhouses required site plan approval pursuant to Town Code Section 1'00-250. Page 3 — June 7, 200i - ) Appl. No. 4909 — P. ar,_ McNamara 1000-101-2-24.5 and 24.6 The use in question is farming. This is undisputed. Section .100-250 states that Article XXV of the Town Code shall apply to every land use that is permitted in the Town of Southold except that: 1) . the single-family home use on a single and separate lot as set forth in Article III., § 100-31A(1); and 2) customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code Farming is a land use and neither of the exceptions are applicable. Therefore Article XXV of the Town Code applies to farming. (It is important to note that the question before this Board is not 'Whether or not the two buildings are permitted but rather, whether site plan approval is required.) Section 100-250 further states that site plan approval is not required unless there is: 1) a change in use, or .2) a change in intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities. In this case there is no change in use. The prior use of the property was farming or accessory farming and the greenhouses will be used for the same use. The key question is whether the construction of the two greenhouses constitute a change in intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities. The greenhouses in question together total approximately 6000- square feet. By sheer size alone these cannot be considered minor. accessory -structures. The footprint created by such substantial greenhouses as well as their placement on the property. constitute a change in intensity of use which will affect, at a minimum, open space. Thus, pursuant to Town Code section 100-250 site plan approval was required as. a condition. precedent to the issuance of a building permit: The Board notes that in totaling approximately 6000 square feet these structures are larger than the majority of the structures in the Town. The Muellers raise the questions of standing, notice and mootness. The Board finds these claims to be without merit. BOARD RESOLUTION/ACTION: Now; therefore, on motion by MemberTortora; seconded by Member Horning, it is 004(a� r Page 4 June 7, 2001 Appl. No. 4909 — P. and J. McNamara 1000-101-2-24.5 and 24.6 Resolved, that the Zoning Board of Appeals, based on the record, the public hearings, the oral testimony and the written submissions, for the reasons set forth above, hereby finds that Mueller's application required site plan approval pursuant to section 100- 250 of the Town Code prior to a building permit being. issued; and be. it further Resolved, that.the Building Inspector's decision to grant Building Permit No. 26821-Z dated October 4, 2000 is hereby reversed and annulled. VOTE"OF THE BOARD: AYES: ' Members Goehringer (Chairman), Tortora, and Homing. NAYS: Members Dinizio and Collins. This Resolution was -duly adopted (3-2).. erard P. Goehringer, ChA i Matter of Paulette Satur Mueller v Zoning Board of Appeals of the Town of Southold (20... Page 1 of 4 Matter of Mueller v Zoning Bd. of Appeals of the Town of Southold 2004 NYS1ipOp 06648 Decided on September 20, 2004 Appellate Division, Second Department _ This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on September 20, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARMENT MYRIAM J. ALTMAN, J.P. SONDRA MILLER GABRIEL M. KRAUSMAN BARRY A. COZIER, JJ.. DECISION & ORDER 2002-11053 [*111n the Matter of Paulette Satur Mueller, petitioner- respondent, V Zoning Board of Appeals of the Town of Southold, appellant, et al., respondents. (Index No. 16967/01) Smith, Finkelstein, Lundberg, Isler & Yakaboski, LLP, . Riverhead,. N.Y. (Frank A. Isler of counsel), for appellant. Wickham, Bressler, Gordon & Geasa, P.C., Melville, N.Y. (Eric J. Bressler of counsel), for petitioner -respondent. In a proceeding pursuant to CPLR article 78 to review a determination of the Zoning Board 'of Appeals of the Town of Southold dated June 7, 2001, which, after a hearing, annulled the Town Building Inspector's decision to grant the petitioner a building permit; the Zoning Board of Appeals of the Town of Southold appeals from a judgment of the Supreme http://Www.courts.state.ny.us/reporter/3dseries/2004/2004_06648.htm 9/22/2004 Matter of Paulette Satur Mueller v Zoning Board of Appeals of the Town of Southold (20... Page 2 of 4 Court, Suffolk County (Jones, J.), dated July 1, 2002, which granted the petition, annulled the determination, and reinstated the building permit. ORDERED that the judgment is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed, and the determination of the Zoning Board of Appeals of the Town of Southold is reinstated. In 1997 the petitioner, Paulette Satur Mueller, and her husband, Eberhard Mueller, purchased an 18 -acre farm on Alvah's Lane in the Town of Southold. Mr. Mueller is a celebrated chef, and the Muellers grow organic speciality produce on their farm, both for their own use and for sale to a number of Manhattan and Long Island restaurants.. Prior to the Muellers'* purchase of the farm, the County of Suffolk acquired development rights to most of the property as part of its Farmland Development Rights Program. In April 1998 Mrs. Mueller wrote to the Suffolk County Farmland Committee (hereinafter the [*2]Farmland Committee) to request permission to build a greenhouse, which would extend the growing season of certain produce. In her letter, Mrs. Mueller indicated that she and her husband planned to locate the greenhouse at either the northwest or southeast end of the property, and represented that it would not be obtrusive at those sites. They intended the greenhouse to remain in place for the three-year lifespan of the materials of which it was to be constructed. At a meeting later that month, the Farmland Committee approved the construction of a temporary greenhouse at the northwestern location, "subject to local requirements." Thereafter, without obtaining a building permit, the Muellers constructed two temporary greenhouses on the northeastern portion -of their farm, approximately 70 feet from the front property line. The greenhouses each measure 30 feet by 96 feet, and total approximately 6000 square feet. When the construction came to the Town's attention, the Town Building Inspector informed Mrs. Mueller that a building permit was; required for the greenhouses. Mrs. Mueller then applied for and obtained a building permit for the structures. Patricia McNamara and James McNamara, who reside across the street from the Mueller farm, appealed the decision to issue the building permit to the Town's Zoning Board of Appeals (hereinafter the Zoning Board).. In support of their appeal, the McNamaras argued that the Building Inspector erred in issuing the building permit without first requiring http://www.courts.state.ny.us/reporter/3dseries/2004/2004_06648.htm 9/22/2004 L Matter of Paulette Satur Mueller v Zoning Board of Appeals of the Town of Southold (20... Page 3 of 4 1 the Muellers to obtain site plan approval for construction of the greenhouses. Pursuant to the Town's zoning ordinance, site plan approval must be obtained for "[a]ny change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities" (Code of Town of Southold § 100-250). The McNamaras further noted that prior to the construction of the greenhouses, they had an unobstructed view from the front window of their home to the farm field across Alvah's Lane. They also pointed out that had the Muellers placed the greenhouses on the northwestern portion of their ptoperty in compliance with the Farmland Committee's decision, they would not have lost their scenic view of open farmland. The Muellers argued that there had been no change in the intensity of the agricultural use of their property since crops had always been grown year round. In addition, the Muellers maintained that even if the extension of the growing season for certain crops constituted an intensification of the agricultural use of the property, such use did not affect open space because the greenhouses covered less than one percent of the farm property. Following a public hearing, the Zoning Board granted the appeal, concluding that site plan approval was required prior to issuance of a building permit for the greenhouses. In support of its determination, the Zoning Board stated that "[t]he greenhouses ... total approximately 6000 square feet. By, -,sheer size alone these cannot be considered minor accessory structures. The footprint created by such substantial greenhouses as well as their placement on the property .constitute a change in intensity of use which will affect, at a minimum, open space. Thus, pursuant to [Code of Town of Southold] § 100-250 site plan approval was required as a condition precedent to the issuance of a building permit. The [Zoning] Board notes that in totaling approximately 6000 square feet these structures are larger than the majority of the structures in the Town." Mrs. Mueller subsequently commenced this proceeding to annul the Zoning Board's' determination. The Supreme Court granted the petition, finding that there was no evidence that the temporary greenhouses would increase the volume of agricultural production on the property, which historically had been used to grow crops. Zoning boards have broad discretion in interpreting local zoning ordinances and a court may not substitute its judgment for that of the zoning board (see Matter of Ifrah v Utschig, 98 [*3]NY2d 304, 308; Matter of 550 Halstead Corp. v Zoning Bd. of Appeals of Town/Vil. http://www.courts.state.ny.us/reporter/3dseries/2004/2004_06648.htm . 9/22/2004 Matter of Paulette Satur Mueller v Zoning Board of Appeals of the Town of Southold (20... Page 4 of 4 t, of Harrison, 307 AD2d 291, affd 1 NY3d 561). Thus, a zoning board's determination must be upheld if it is rational and supported by substantial evidence, even if the reviewing court would have reached a different result (see Matter of Ifrah v Utschig, supra at 308; Matter of P.MS Assets v Zoning Bd. of Appeals of Vil. of P. leasantville, 98 NY2d 683, 685; Matter of Sasso v Osgood, 86 NY2d 374, 384; Matter of Savetsky v Board of Zoning Appeals of Town of Southampton, 5 AD3d 779, 780, lv denied NY3d [Aug. 31, 2004]). Here, the record clearly demonstrates that the very purpose of the greenhouses is to increase the farm's productivity by extending the growing season of certain crops, and enabling other crops to survive the winter. While it is true that crops have historically been grown on the farm, it cannot be said that the Zoning Board's determination that the greenhouses will intensify the existing agricultural use is irrational (see Matter of 550 Halstead Corp. v Zoning Bd. of Appeals of Town/Vil. of Harrison, supra; Matter of Saladino v Fernan, 204 AD2d 554). Furthermore, the Zoning Board also rationally concluded that the addition of two structures totaling 6000 square feet is a change which affects the farm's "open space" within the meaning of the local zoning ordinance. In this regard, it should be noted that one of the reasons the Town has deemed farming to be essential to the community is that farms "provide fresh food, clean air, economic diversity and aesthetic open spaces" (Code of Town of Southold § 100-220). The task of balancing a farmer's need to increase productivity by constructing improvements against the need to preserve open space for the enjoyment of all is a matter best left to the local zoning board. Consequently, the Supreme Court should have denied the petition. The parties' remaining contentions are without merit. ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur. ENTER: James Edward Pelzer Clerk of the Court http://ivww.courts.state.ny.us/reporter/3dseries/2004/2004_06648.htm 9/22/2004 TOWN OF SOUTHOLD BUILDING DEPARTMENT �� TOWN HALL moi. ' 2 g ?°,, SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ PERMIT NO. Examined , 20 Approved , 20. Disapproved a/c Expiration 20 BUILDING MIT APPLICATION CHECKLIST Do you have or need the following, before applying? Building Inspector Board of Health 4 sets of Building Plans_ Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Mail to: Phone: APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date 1 a / �-q , 20_2�_ 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, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name, if a corporation) 3 7 05- A L-r-AP,,Y cmTcti-6c� N Y (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder W tz t'` - Name of owner of premises L 6 69-W M � (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. _ Electricians License No. Other Trade's License No. 1. Location of land on which proposed work will be done: 31 d S A �,vP 65 CA-0Z-tfo &Q N I l X1337 - House 3~House Number Street Hamlet County Tax Map No. 1000 Section 1 Block �? Lot ? Y. (o Subdivision Filed Map No. Lot 2. State existing use and occupancy or premises and intended use and occupank of proposed construction:`" a. Existing use and occupancy F, -,&m L*.M p I g AG b. Intended use and occupancy. P t+O 3. Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work 4. Estimated Cost 3 cco Fee (Description) (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 Rear_ Depth . CJBP Height �7� Number of Stories cq Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions of entire new construction: Front 3 Q Rear 20 - Depth Height Number of Stories 9. Size of lot: Front 3( V Rear Depth 10. Date of Purchase a3 ) 1-7 Name of Former Owner io2 OS G © J K 11. Zone or use district in which premises are situated A& & '0 l J Ty?--c.c.'^ 12. Does proposed construction violate any zoning law, ordinance or regulation? YES NO_ 13. Will lot be re -graded? YES NO V Will excess fill be removed from premises? YES_ L4A,6 3�asmw�r�s 14. Names of Owner of premises P":�LL LL . -ITC Y� i - P- Address Al phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 1 dv NO (�3+-7JV-V a.)7 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 MAYBE QUIRED. 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. (v 0 F UtJDA�d n1, /SU' Q,�C,� F2" PI?6P�-2.TI �In� 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. STATE OF NEW YORK) SS: COUNTY OF ) being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have permed the said work and to make and file this application; that all statements contained in this application are true to the best of his \wledge and belief, and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this 2Q da ofc ,—ors��- 20 cwt a No Public KERRI A. MCCARTHY NOTARY PUBLIC - STATE OF NEW YORK NO.01-MC6045508 QUALIFIED IN SUFFOLK COUNTY MY COMMISSION EXPIRES 07-31-20-P-1-9 Signature of Applicant z W r OCT -28-2004 09:29 cl _,,'PLRNNING --` P.01 Suffolk County Farmland Committee clo Suffolk County Plannind Department H. Lee Oennlson Building -4th floor, Hauppauge; W 11788.0099 I P. 0. Box 8100 (653y 853-5111 [voice] (653)853-4044P] (653) 853.4044 :j I man Orlowski Rr . sell Barnett An. ony Brand, Jr. Ro,itald Bush NqeCorwin Lg. Foster D iiel Fricke Oln y M. Gardiner Th' mas A. Isles R ' id W. Jarvis, Jr, Alfa d Kilb, Jr. Joseph Krukowski Eu' ens Murphy Jacb Rottkamp Charles Scheer Alb rt born itt Ma k Zaweski El • er Zeh c4nsel Jerhifer B. Kohn Gergda, III Sanok Fedelem e J. Chorny October 24;, 2004 iy i Ms. Paulette Satur Satur Farms 3705 Alv4's Lane Cutchoguel NY:.,:;i 1935 . r4 Dear. Ms. Satur: Thank you';for attending the OctoF er 28, 2004 meeting of the Suffolk County Farmland Committee. At that meeting the Farmland Committee reviewed your proposal fog a 30 -foot by 100 -foot hoophouse to be located 150 feet west of Alvah's Lane and 50 feet north of the property line, as per the drawing you submitted.'! You ropgsal was approved subject to approvals applicable under federal, state or loce,12law, end subject to input from NRCS. Sincerely, i Roy , edel�in Principal Planner LL.•�r� i TOTRL P.01 cu� IFM 00 160 a"s ni4c, �ipr4ovjt:s-- I Py l rb 4 It IL The Wations of wells and cesspools QLJ shown hereon are from field observalions and or from data obtained from others. . QPM -00 , gg, "-k t 4- 01UA CONTOUR LMS AND ELEVATIONS ARE REFERENCED TO THE FIVE e. EASTERN TOWNS TOPOGRAPTOPOGRAPHICMA PS 100 tr 0. Q34 . i & 31 40 VO 4;0 100. dX et 0 ILj 30,if v.0 oil cP 00 -Od Of S. 100 AMatter of Paulette Satur Mueller v Zoning Board of Appeals of the To-— of Southold (20... Page 1 of 4 Matter of Mueller v Zoning Bd. of Appeals of the Town of Southold 2004 NYS1ipOp 06648 Decided on September 20, 2004 Appellate Division, Second Department This opinion is uncorrected and subject to revision before publication in the Official Reports. Decided on September 20, 2004 SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARMENT MYRIAM J. ALTMAN, J.P. SONDRA MILLER GABRIEL M. KRAUSMAN BARRY A. COZIER, JJ. DECISION & ORDER 2002-11053 [*11In the Matter of Paulette Satur Mueller, petitioner- respondent, v Zoning Board of Appeals of the Town of Southold, appellant, et al., respondents. (Index No. 16967/01) Smith, Finkelstein; Lundberg, Isler & Yakaboski, LLP, Riverhead, N.Y. (Frank A. Isler of counsel), for appellant. Wickham, Bressler, Gordon & Geasa, P.C., Melville, N.Y. (Eric J. Bressler of counsel), for petitioner -respondent. .In a proceeding pursuant to CPLR article 78 to'review a determination of the Zoning Board of Appeals of the Town of Southold dated June 7, 2001, which, after a hearing, annulled the Town Building Inspector's decision to grant the petitioner a building permit, the Zoning Board of Appeals of the Town of Southold appeals from a judgment of the Supreme http://www.courts.state.ny.us/reporter/3dseries/2004/2004_06648.htm 9/22/2004 Matter of Paulette Satur Mueller v Zoning Board of Appeals of the Town of Southold (20... Page 2 of 4 Court, Suffolk County (Jones, J.), dated July 1, 2002; which granted the petition, annulled the determination, and reinstated the building permit. ORDERED that the judgment is reversed, on the law, with costs, the petition is denied, the proceeding is dismissed, and the determination of the Zoning Board of Appeals of the Town of Southold is reinstated. In 1997 the petitioner, Paulette Satur Mueller, and her husband, Eberhard Mueller, purchased an 18 -acre farm on Alvah's Lane in the Town of Southold. Mr. Mueller is a celebrated chef, and the Muellers grow organic speciality produce on 'their farm, both for their own use and for sale to a number of Manhattan and Long Island ;restaurants. Prior to the Muellers' purchase of the farm, the County of Suffolk. acquired development rights to most of the property as part of its Farmland Development Rights Program. In April 1998 Mrs. Mueller wrote to the Suffolk County Farmland Committee (hereinafter the [*2]Farmland Committee) to request permission to build a greenhouse, which would extend the growing season of certain produce. In her letter, Mrs. Mueller indicated that she and her husband planned to locate the greenhouse at either the northwest or southeast end of the property, and represented that it would not be obtrusive at those sAes. They intended the greenhouse to remain in place for the three-year lifespan of the mat�:,nals of which it was to be constructed. At a meeting later that month, the Farmland.,Committee approved the construction of a temporary greenhouse at the northwester location, "subject to local requirements." Thereafter, without obtaining a building permit, the Muellers constructed two temporary greenhouses on the northeastern portion of their farm, approximately 70 feet from the front property line. The greenhouses each measure 30 feet by 96 feet, and total approximately 6000 square feet. When the construction came to the Town's attention, the Town Building Inspector informed Mrs. Mueller that a building permit was - required for the greenhouses. Mrs. Mueller then applied for and obtained a building permit for the structures. Patricia McNamara and James McNamara, who reside -across the street from the Mueller farm, appealed the decision to issue the building permit to the Town's Zoning Board of Appeals (hereinafter the Zoning Board). In support of their appeal, the McNamaras argued that the Building Inspector erred in issuing the building permit without first requiring http://www. courts. state. P. . Vis%reporter/3dseries/2004/2004_06648.htm 9/22/2004 .,;;Matter of Paulette Satur Mueller v ZoningBbard of Appeals of the To -r-,, f Southold (20... Page 3 of 4 J the Muellers to obtain site plan approval for construction of the greenhouses. Pursuant to the Town's zoning ordinance, site plan approval must be obtained for "[a]ny change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities" (Code of Town of Southold §100-250). The McNamaras further noted that prior to the construction of the greenhouses, they had an unobstructed view from the front window of their home to the farm field across Alvah's Lane. They also pointed out that had the Muellers placed the greenhouses on the northwestern portion of their property in compliance with the Farmland Committee's decision, they would not have lost their scenic view of open farmland. The Muellers argued that there had been no change in the intensity of the agricultural use of their property since crops had always been grown year round. In addition, the Muellers maintained that even if the extension of the growing season for certain crops constituted an intensification of the agricultural use of the property, such use did not affect open space because the greenhouses covered less than one percent of the farm property. Following a public hearing, the Zoning Board granted the appeal, concluding that site plan approval was required prior to issuance of a building permit for the greenhouses. In support of its determination, the Zoning Board stated that "[t]he greenhouses ... total approximately 6000 square feet. By sheer size alone these cannot be considered minor accessory structures. The footprint created by such substantial greenhouses as well as their placement on the property constitute a change in intensity of use which will affect, at a minimum, open space. Thus, pursuant to [Code of Town of Southold] § 100-250 site plan approval was required as a condition precedent to the issuance of a building permit. The [Zoning] Board notes that in totaling approximately 6000 square feet these structures are larger than the majority of the structures in the Town." Mrs. Mueller subsequently commenced this proceeding to annul the Zoning Board's determination. The Supreme Court granted the petition, finding that there was no evidence that the temporary greenhouses would increase the volume of agricultural production on the property, which historically had been used to grow crops. Zoning boards have broad discretion in interpreting local zoning ordinances and a court may not substitute its judgment for that of the zoning board (see Matter of Ifrah v Utschig, 98 [*3]NY2d 304, 308; Matter of 550 Halstead Corp. v Zoning Bd. of Appeals of Town/Vil. http://www.courts.state.ny.us/reporter/3dseries/2004/2004_06648.htrn . 9/22/2004 Matter of Paulette Satur Mueller v Zoning Board of Appeals of the Town of Southold (LU... Page 4 of 4 of Harrison, 307 AD2d 291, affd 1 NY3d 561). Thus,,a zoning board's determination must be upheld if it is rational and supported by substantial evidence, even if the reviewing court would have reached a different result (see Matter offah v Uschig, supra at 308; Matter of P.MS. Assets v Zoning Bd. of Appeals of Vil. of -Pleasantville, 98 NY2d 683, 685; Matter of Sasso v Osgood,. 86 NY2d 374, 384; Matter of Savetsky v Board of Zoning Appeals of Town of Southampton, 5 AD3d 779, 780, lv denied NY3d [Aug. 31, 2004]). Here, the record clearly demonstrates that the very purpose of the greenhouses is to increase the farm's productivity by extending the growing season of certain crops, and enabling other crops to survive the winter. While it is true that crops have historically been grown on the farm, it cannot be said that the Zoning Board's determination that the greenhouses will intensify -the existing agricultural use is irrational (see Matter of 550 Halstead Corp. v Zoning Bd. of Appeals of Town/Vil. of Harrison, supra; Matter of Saladino, v Fernan, 204 AD2d 554). Furthermore, the Zoning Board also rationally concluded that the addition of two structures totaling 6000 square feet is a change which affects the farm's "open space" within the meaning of the local zoning ordinance. In this regard, it should be noted that one of the reasons the Town has deemed farming to be essential to the community is that farms "provide fresh food, clean air, economic diversity and aesthetic open spaces" (Code of Town of Southold § 100-22 . The task of balancing a farmer's need to increase productivity by constructing improvements against the need to preserve open space for the enjoyment of all is a matter best lefi'to the local zoning board. Consequently, the Supreme Court should have denied the petition. The parties' remaining contentions are without merit. ALTMAN, J.P., S. MILLER, KRAUSMAN and COZIER, JJ., concur. ENTER: James Edward Pelzer Clerk of the Court http://www.courts.state.ny.us/reporter/3dseries/2004/2004_06648.htrn 9/22/2004 Receipt N? 63419 TOWN of SOUTHOLD. OFFICE OF BUILDING INSPECTOR Town Hall Southold, New York 11971 Date ...... c2......�.?..- ©3........... ree for Fee for Fee for Fee for Certificate ❑ Sign ❑ Flood Development Pmt. Building Permit ❑ of Occupancy ❑ ❑ Cash � 3 2- ' v Check 01 $.........o ................ C ................................._.................................................................................................. Building Department ORVI UK-rAKMb [Lc •. 162348 (6/01) --1 74 . SUPREME COURT OF THE STATE OF NEW YORK COUNTY OF SUFFOLK ►0 PAULETTE SATUR MUELLER AND EBERHARDT MUELLER . Petitioners, -against- ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, PATRICIA MCNAMARA AND JAMES MCNAMARA, Respondents. NOTICE OF ENTRY Assigned to Justice JOHN J. J. JONES, JR. Index No. 01-16967 PLEASE TAKE NOTICE that the within is a true copy of the ORDER and JUDGMENT of the Court duly entered in the office of the Clerk of the within named court or. the 3rd day of July, 2002. Dated: Riverhead, New York December 8, 2002 t Smi Finkels , LundKerg, Wr & G Yakaboski, LLP. Attorneys for Respondent 456 Griffing Avenue, P.O. Box 389 Riverhead, New York 11901 (631) 727-4100 To: Wickham, Wickham & Bressler Attorneys for Petitioners 10315 Main Road P.O. Box 1424. Mattituck, New York 11952 Daniel C. Ross, Esq. Keegan & Keegan, LLP. Attorneys for Respondents McNamara 615 Westphalia Avenue P.O. Box 146 Mattituck, New York 11952 SHORT FORM ORDER INDEX NO.: 0016967/2001 SUBMIT DATE: 4/3/2002 i MTN. SEQ.#: 001 Present: SUPREME COURT -STATE OF NEW YORK I.A.S. PART 10 SUFFOLK COUNTY HON. JOIN J.J. JONES, JR. Justice MOTION DATE; 8/31/2001 MOTION NO.: MeCASEDISP X PAULETTE SATUR MUELLER, Petitioner, -against- ZONING BOARD OF APPEALS OF THE TOWN OF SOUTHOLD, PATRICIA MACNAMARA and JAMES MACNAMARA Respondents. X Upon the following papers numbered 1 to 38 read on this petition filed pursuant to CPLR Article 78; Notice of Petition 1-5 , Notice of Motion and Cross Motion and supporting papers : Answering Affidavits and supporting papers 34-38 ; Replying Affidavits: and supporting papers : Other 6-33 : it is, ORDERED that the petition is granted, the determination of the respondent Zoning Board of Appeals is annulled and the building permit is reinstated for reasons set forth herein. Petitioner commenced this proceeding pursuant to CPLR Article 78 to annul the determination of the respondent ZBA dated June.7, 2001'which reversed a decision by the Town Building Inspector to grant a permit for the erection of two hoop houses, which are unheated, foundation -less, plastic -covered greenhouses. Such decision was based on a °-5 '9 I \ \'0q tt. 40�cm� % 6 '-0 84 shown hereon are from field observations and or from data obtained from others. -� CONTOUR LINES AND ELEVATIONS ARE REFERENCED TO THE FIVE EASTERN TOWNS TOPOGRAPffC t� L MAPS . � 2 W V O A*l tp 2 N o �1 0- AAb t d'( to O elk 0 CP O Or v t 4M iduffff " 40 STAMAMS FOR AtIrROVAL AID WaTA7(A; TOV OFAQP "AGESYS'W EQYP�FAW Y RES1'iIfJVC£S a w 10 AY *0a ,W >� e�.,,��, arid on me P~ to cwsi w 1. CERTAF7ED TO• EBEPHARO MULLER PAULETTE SA" AKJLLER WEBSTER BAW COMMONWEAL TH LAND TITLE INSURANCE COMPANY RH 97 0159 AREA z 80,000 Sq ft. Tlgly 7209 OF n� ,7Z r YOrNtS ►�£Y ISA V/gLA T/�OMV rARE VV SSC T7bMV 7�� SVXS7l.W 2. ALL C Ti7CA C� �S�� rW � CABS rHlE?FCOF WVL Y #F IQVA TLW ArFEAMS hDa OM SSSED SEAL OF THE S Ar,,ryAR LL Y TO CQtPL Y M'JTI,I .� BY ANY AM Al -l- CA * TME TER40 -AL TEREp BY' � SL-RVEY VEY'S UrXJZW A Copy CY�'S A�Ar! T oAft SUCH AS #AS�9EC MD' AM �O"��'• ARE NOT N Cart•L4MCE WITH SURVEY OF PROPERTY A T CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY N y 1000— 101-02-245 Scale: 1" = 50' Feb. 27 1997 Mar. 2G, /997 ewe//, ,, '.�. Rs ) Jun r jG, 1997 (Prop w0// j sal" 16.ry Y S LIC. NO. 49618 P. T TREET 11971 97-134 ...-.._... .. .. .r•�<iif.Y ... .. .. .. .. .�•. ... .�. •9'`°iY5^i9j .'. .. .��r. ...... .�.py`ry;M4"»N!1��r,: .. .. ., .� ., �. .. Y. ,. .. .. .. ..�r>, riti't,•„t+5i..h,'Y.�• r'�Vty�ia,•�5',Y',.`,E?K�a.r.�•.:w.•�. .. •:5��.71tr�,•7:.; .. .. .. ... ..w,........ 1 Receipt N° 63419 TOWN of SOUTHOLD OFFICE OF BUILDING INSPECTOR Town Hall Southold, New York 11971 Date ...... �......�. ..-.© ........... ree ror Fee for Fee'for 'Fee for Certificate ❑ Sign ❑ Flood Development Pmt. Building Permit ❑ of Occupancy ❑ ❑ Cash Check • p�5 ci— $ .... ................ C ...... ..........................:...................................................................................................... Building Department s�avR�xxms ��c o Q 0 II, .. • 162348 (6%01) 8uf'olk County Planning Dept Dole: April 28,1998 - Present: ---Stephen i�l.lonos, Chaiaasa - -- - -- Elnx Zeh (Brgokhaven) Anthony Brand, Jr., (Huntington) William Rutko*c (Islip) Ctt dic Scheer (At -Large) Dan Fricke' (At Large) Albert Schmitt ! At -Large) Joseph Kruko%ksld (Southold) Albert Kilb, Jr. j(Sheltcr island) lee Foster (Southampton) Nate Corwin (alt -Large) Roy Dragotta, E Bureau Chiu Municipal Svcs. Jacob Rottkatno (Riverhead) Betty Schmitt, S.C. Division of Red Estate Roy Fedel m, S.C. Dept. ofPlanning (its: Dick Ryan, Tow'm of Southold Land Preservation Committee Paulette S Fra! Let Anthony Caniano Vieth R. 84oto Absenr. Belem ZIUMi (134bylon) Mark Uweski (At -targe) Russell Barnett KSmithtown) lahiarley Rill (fit -Large) Tai ANar, S.C. Division of ideal Estate 80=d Orlow*J, Jr. (At -Law) William Saaok,11CoM11 Cooperative Extensive Jenny Kohn, S.C. Dept. of Law Joseph alergela,:L.I. Fart Bureau 'tom regular meeting of the Farmland Connittee was called to order by the Chairttum Stephen Jones, at 6:00 P.m. in khe Arthur Kunz Library on the 4th ,Floor in the H. Lee Dennison Building, Hauppauge, N.Y. Fred Let (Sang Lee Farms) - Peetcnission to Build Greenhouses W. Lee is asking for approval to build two (2) additional Imenbolmes as well as gTrovai for the existing greenhouse$. The new tempormy greenhouses will be 30' by 1960 hoop houses„ covered year round for vegetable Growth. They are approximately 460' back firm the road. W. Leo would also like approval to build a faun stand close to the road. Tony Brand made motion to approve the farmstand, two (2) new greefihouses, existing greenhouseat, seconded by Jacob Rottliamp, subject to local regulations. Motion earned. Paulette Satur est was made fora greenhouse as proposed in a letter dame Apri121, 1998: A w Afton was made to approve `orthwestern location for a temporary 1Xcenhause,-subf eet to .tel rogxiremeuts, by Elmer Zeh and seconded by Nate Col.-**- Motion carried. Jack weiskott Held off u:4 next meeting. No representation or information available. Suffolk County Farmland Pres'prvatiou Partnership Program 11e Suffolk County Exec. has received funding from the Legislature in December for the first SS million for Laud Prescrvatfon Partnership, It is a 50.50 program where the County can make funds go Ei ether and seine of tit; towns have been active with local gond issues to acquire development rights. The Town of`'$outh=pton is requesting approval fen pammemWp arrangetnertts for two (2) farms which are subject to the approval of the Farmland Committee. The Town has submitted a resolution for their half of the partnership which will then go to the County Legislature. Los Foster suggesad swift action.' One of the "[ is. Joshua`s Place V 7.3 atcres) has already been approved by the Cornmittee mad flea: other is a 35.5 acre parcel which will be discu&wd later. Tlca; Town of Southold Is also ftareste� in teaminf%up with the County on the Pax tria hip Program. The County Executive has put In for anjother $5 million for this year plus an increase from $1.5 million up to $5 millions for the annul pts ime of development rights. I State and Federal Funds Roy Fedelem states that we will be getting a notha check for $l.s million from the State for the fust application and they have just received approval for S7S9,000 for the second round. We should be able to apply The this in a few months. They have put out a now? RFP for the State and Federal funds wWh vase will be putdnrg in applications. The State application is due June 3 and the Rderal is due Jean 10. Save Jones added that when they got the letter back from the State it was bacsioaily the list that the Farmland Committee approved at the July and October meetings of last Yom Ices the horse farms and a: few small, one acre fat= Roy Dragottat said the County Ex= is vay serious about advancing these programa and a personally rngacged in this issue. Congress = Forbas fr on the AppropTiWons Cgmmiuee, however in order to gat apdrolhaadons, the program has to be first authorized by the Congress. The current fedeaul farmlands progrza nuns out the end of AUG 15 iOU J� Examined .................. 2(1.... Approved..t t? 4 ......... Disanoreveci a/r - FORM NO. 1 3 SETS .ANS .. ............ TOWN OF SOUTHOLD SURVEY BUILDI-NG DEPARTMENT CHECK • TOWN HALL SEPTIC FORM .................. SOUTHOLD, N.Y. 11971 DEC TEL: 765-1802 I(� TRUSTEES ............. .•.. .. '��Z� �' -lI NOTIFY: ,,,a .CALL .... MAIL T0: Permit No. .� l .. ... ..... . ..... ...: .... . ...... (Bu 1 g Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date..... , 20.. a. 'this application mast be completely filled in by typewriter or in ink and submitted to the Building Tnspecto 3 sets of plans, accurate plot plan to scale. Fee according to schedule. pl b. Plot an showing locatioo of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part this application. c. The work covered by this application my 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. Su 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 &Jhatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS WMw MAD. to the Building Department for the issuance of a Building Permit pursuant to the Wilding' Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additierns or alterations, or for removal or demolition, as herein descrij,ed. 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 bur ing for necessary i (Signature of applicant, or ram, if a corporation. 3705.:AQ/_ A{i'S 1A "k Gdi�hsoGuE (Mailing address c/f applicant) State sAiether applicant is owner,-lesseeengineer,' � ,agent, architect, general contractorelecti;ician, plumber or buil ...^ . .....'.......... ......+�. _ ..... ...... . Nam of owner of prdmises •..... i ft SA�M L ,l!;�YC....................................O .•�B ra�ro C6[ Lel : `' - Ca............... on the tax roll.or latest deed) . If applicant is a corpora io si n, gnature of duly authorized officer. (Nair an l3tle.:n£.corputate.R.office... $uhder§'7.icense N6. { •, ` ,.;..... ..... Plumbers License No. :........................ Electricians License No . ..................... Other Trader's License No . ............... 1. Location of land on which proposed work will be done., NQ!�i14 s� l ARCS pF fiAtC.tZ house 13xuber Street(rlCl.{{O•Flaalet.................... County Tax Map No. 1000 Section ....J.�: !....... Block .....��.......... Int a.?; :s ..... Subdivision .... (Name) ...................... . Filed Map No. ............... Lot ... ........ 2. State existing use and occupancy of premises and inC .• use and occupancy of proposed construction: a. Existing use and occupancy ..,... Q�P. E „ I;UN�JtZ,i Fcye Gr�ctwl11G S b. Intended use and occupancy ................................................... � ........Cde�................ 3. Nature of work (d)eck whidr applicable): Nev Building .......... Addition .......... Alteration .......", Repair ............. Removal .. d.......... Damlition ............ Other Work NQW. .tftp µG u� to .......,.... (Description) 4. Estimated Cost ...-�i���?� ........... fee ...........:. ..........._................ (to be paid on filing this application) f 5. TE dwelldng, rxxtixr of dwelling units ............. NuTber of dwelling units on each floor ................ If 6. If business,, camnercialror udxed occupancy, specify.•natur. .' garage, ......... �........... � Ir " a and extent of eadn type of use:....... ".I..USLG..:... 7. Dimensions of existing structures, if any: Front..: 31�....... Rear ....-........... Depth ....�. ......... Beight .......... U�............. Nmber of Stories ........ Dirmnsions of sane structure with alterations or additions: Pront ..:............ Rear ............... Depth ................... Height .................... Rinber of Stories ................ 1 ,• 8. Dimensions of entire new:coostructioa: Front ..... Bear ............... Depth ........ ileigirt ......... J .........:... NjA*r of Stories ..................... 9. Size of lot: Front .. _•� ut'; ....... Bear ...... ...... 'Depth y.... aq q.......... 10. Wte of Purdiase .....f.a1o...��{gT... Nam of Former owner .....lid K l ............... )I. Zone or use district in whidr premises are situated ....l.��s�J RS!!�ALf .......... 12. Does proposed construction violate any zoning law, ordinance or regulation: ..... m.........._.,. 13. Will lot be regraded �/ r�..',:pnS�i- Wiil�ll excess fill be renrvedffrom premises: YrS ) u 14. Names of Owner of premises J.pilb�. .E + 1!i ress ii? 1: iCrP1YX'4. No. Name of Architect ..... Address .............................. Plume No. ..:....... N:ine of Contractor .................................... Address..........V...........Pione Nc. ......... . 15. Is this property within 300 feet of a.tidal wetland? * YES ........... 1!U . *IF )Z -S,. SOLMUD Mai MISIII:S PGEMI: MAY BE RSQU114M: r PLOT DIAGRAM Locate clear„yy and distinctly all buildings, whether existing or proposed, and indicate all set-badr.dirrensions from property lines. Give street and block rxiriuer or description according to deed, and show street nares and indicate uhether interior or corner lot. 47- -° OCCUPANtil't. R �. r6p USE IS UNLAWFUL. .':ITHOUT CERTIFICATE F OCCUPANCY ES GN OH CONS T RUCTIUN eh'1011•� APPROVED' NOTED DATE, 1 y } l r.o _ B.P. # FEE:0,—�0 NOTIFY BUILDING b AAT AT 7854802 9 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS: 1. FOUNDATION . TWO REQUIRED FOR POURED cONCRETE 2. ROUGH -'FRAMING 1k PLUMBING S. INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL T E REQUIREMENTS OF THE N.YT. STATE CONSTRUCTION a ENERGY CODES. NOT RESPONSIBLE FOR DESIGN OR CONSMUC13ON ERRORS, Srltlr Cr- N:W YERtK, D t 1lY OF ��;t'„1: E1 ....... SS' 0-aLjj ,����j .�” ' e7 Vic. .......... ......... , being duly sworn, deposes and says tlmtShe is 'etre applicant (Name of individual signing contract) above. rr.•�rtrecJ, . � • S1le is the .. ..9. 1-:.. ..................................... ....... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authori7ed to perform or have performed the said murk and to make and file this application; that all statements contained in this application are true to the best of his knowledge acid belief; aryl that the work will be performed in the rmanr>er set forth in, the application filed therewith: Sworn to before methis ....... .day of Notary Publi.'. Xl , �Q�,7 r . AtiAY M. 8 ...... ... RomW,PU9ttC,Stum" llrl[ (Signature of Applicant) Ido.O1fOCiB��y CanmTuMW Exam FeF��Y • l The ons of wells and cesspools. shots eon are from field observallons and or from data obtalaad lrom others, I w fen/r a* Abe STAAVAMS FOR AA ROVAL AAA! Q1YS7Af�CJ70N OF s �AG� St7A6E sY� fpq SWAGLE F ZVVCES «,. CERTFCD TO• EBERHARD AK2LM? PALKETTE SATUR AKXLER WEBSTER BAAAY COMMONWEAL TN LAND TITLE INSURANCE COMPANY RN 97 0159 \RE4 a 80000 sgft. �l TFJlATbfV OR AgW�q�r YC TO TNS SUTVEY RSA VA1C ATKJYV 7TON 7709 OF TW I > y STATE Ey(ACA 77GW GAW ! AS rpt SEC77ow TP09-SirWY751QN Z ALL CER11'K�1�10YVS ARE VAgLD FOR THS Ai4P AAD CORES 7AE]tEOF OAL Y F ;X9 APPEAV1"MiR' SEAL OF TW SLOVE-YCR •0� 5� ply � 4,o1y SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1x00 - ?01- 02 - 24.s Scale: 1"= 50' Feb. 27, 1997 Mw 26, /997 "we& f c.P•� ) Jun.• 141 1977 (,or -P u d/I r soa,�ar� ,t1i' l%q pHA f. MC/rft 1 Y.S. LIC, NO, 4908 97-134 T Y CONTOUR LINES AND ELEVATIONS ARE REFERENCED TO THE FIVE 09 �-i T" EASTERN TOWNS TOP06RAPtMC MAPS . G • Y c s I w fen/r a* Abe STAAVAMS FOR AA ROVAL AAA! Q1YS7Af�CJ70N OF s �AG� St7A6E sY� fpq SWAGLE F ZVVCES «,. CERTFCD TO• EBERHARD AK2LM? PALKETTE SATUR AKXLER WEBSTER BAAAY COMMONWEAL TN LAND TITLE INSURANCE COMPANY RN 97 0159 \RE4 a 80000 sgft. �l TFJlATbfV OR AgW�q�r YC TO TNS SUTVEY RSA VA1C ATKJYV 7TON 7709 OF TW I > y STATE Ey(ACA 77GW GAW ! AS rpt SEC77ow TP09-SirWY751QN Z ALL CER11'K�1�10YVS ARE VAgLD FOR THS Ai4P AAD CORES 7AE]tEOF OAL Y F ;X9 APPEAV1"MiR' SEAL OF TW SLOVE-YCR •0� 5� ply � 4,o1y SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1x00 - ?01- 02 - 24.s Scale: 1"= 50' Feb. 27, 1997 Mw 26, /997 "we& f c.P•� ) Jun.• 141 1977 (,or -P u d/I r soa,�ar� ,t1i' l%q pHA f. MC/rft 1 Y.S. LIC, NO, 4908 97-134 FORM N0: 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 26821 S Date OCTOBER 4, 2000 Permission is hereby granted to: PAULETTE SATUR MUELLER 3705 ALVAHS LA CUTCHOGUE,NY 11935 for :. CONSTRUCTION OF (2) AGRICULTURAL GREENHOUSES AS APPLIED FOR. at premises Located at 3705 ALVAHS LA CUTCHOGUE County Tax Map No. 473889 Section 101 Block 0002 Lot No. 024.005 pursuant to application dated AUGUST 15, 2000 and approved by the Building Inspector. Fee $ 100.00 Autho i d Signature ORIGINAL Rev. 2/19/98 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Paulette Sauter Mueller 3705 Alvahs Lane Cutchogue, N.Y. 11935 BUILDING DEPARTMENT TOWN OF SOUTHOLD March 7, 2002 Re: Building Permit #26821-Z - Premises @ 3705 Alvahs Lane, Cutchogue, NY Suff Co.Tax Map #1000-101-2-24.5 Dear Ms. Mueller: Fax(631)765-1823 Telephone (631) 765-1802 Please be advised that we cannot issue the Certificate of Occupancy for the greenhouses on the above property until we receive a decision from the Suffolk County Department of Planning. For your information, we are enclosing a copy of the fetter that we received from Thomas A. Isles. If you have any questions, please feel free to contact me. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. -A� Gary'J. Fish, Building Inspector GJF:gar Board of Appeals Town of Sodhok FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 7, 2001 Appl. No. 4909 — Patricia and James McNamara STREET & LOCATION: 3705 Alvah's Lane, Cutchogue 1000-101-2-24.5 and 24.6 DATE OF PUBLIC HEARING: February27, 2001; March 15, 2001 I. NATURE OF APPEAL: Appellants, Patricia and James McNamara, request that the Zoning Board of Appeals reverses a Building Permit (No..26821-Z) dated October 4, 2000 issued to Eberhard Mueller and Paulette Satur Mueller to construct two greenhouses. East greenhouse measures 30 by 96 feet. II. RELIEF REQUESTED: Appellants maintain that the Building Inspector erred in issuing the building permit, because, pursuant to Southold Town Code Section 100-250, site plan approval by the Town Planning Board was required for this project prior to a building permit being issued. Site plan approval was not obtained. III. PROPERTY FACTS/DESCRIPTION: The property consists of approximately 18 acres situate along the west side of Alvah's Lane in Cutchogue and is improved with a newly constructed house, a cottage converted to a storagebuilding, and a barn. The greenhouses were constructed about 7.0 feet from the fropt property line. Of the 18 acres, the development rights on approximately 16 acres were Mold to the County of Suffolk. The property is more specifically described as SCTM Parcel #1000-101-2-24.5' which covers that portion of the lot on which the development rights have not been sold, and SCTM Parcel #1000-101-2-24.6 which covers that portion of the lot on which the development rights have been sold. IV. MATTERS CONSIDERED: 1) Eberhard Mueller and Paulette Satur Mueller own the parcel for which this building permit was applied. 2) The McNamara's own a parcel of property and live directly across the street from the property for which the Building Permit in question was issued. 3) Construction of the greenhouses was originally begun without building permits. The Building Department stopped the work and subsequently the property owners applied for and received building permit No. 26821-Z. 4) The greenhouses each measure 30 x 96 feet. The square footage of the greenhouses totals approximately 6000 square feet. The greenhouses have no heat. The floors are the k-3 003 Page 2 — June 7, 2001 Appl. No. 4909 -- P. and J. McNamara 1000-101-2-24.5 and 24.6 5) The Building Inspector testified that there was no distinction between a temporary or permanent building under the Town Code. The Building Inspector further testified that the greenhouses met the definition of building under the Town Code and therefore a building permit was required. 6) Pursuant to the Southold Town Code the property owned by the Muellers is a single lot,. despite the fact that the lot has two Suffolk County Tax Map Numbers. There was no subdivision involved, just the sale of the development rights on the majority of the parcel. Two SCTM numbers were issued for ease of taxing purposes., not to indicate two legal, separate and distinct lots as defined by the Town Code. V. APPLICABLE CODE PROVISIONS: Chapter.100 "Zoning" under Article XXV, Section 100-250 entitled "Site Plan'Approval," which reads as follows: § 100-250. Applicability. This Article shall apply to every. land use that Is permitted. in the Town of Soutyiold except the single-family home use on a single and separate lot as set fo th in Article III, § 100-31A(1), and customary nonagricultural accessory uses to a single- family residential home use as stated in the Town Code. Any change in use or intensity 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. In all cases where this chapter requires approval of site development plans by the Planning Board, no building permit shall be issued by the Buildiing Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and -all other public agencies involved. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this matter on February , 2001 and March 15, 2001, at which time written and oral evidence was presented. Based on all testimony, documentation, . personal observations of members of, .the Board and other evidence, the Zoning Board finds the following facts to be true and relevant: Issue before the Board The crucial issue -before the Board is whether or not these two greenhouses required site plan approval pursuant to Town Code Section 1,00-250. Page 3 — June 7, 200 Appl. No. 4909 — f i J. McNamara 1000-101-2-24.5 ana 24.6 The use in question is farming. This is undisputed. Section 100-250 states that Article XXV of the Town Code shall apply to every land use that is permitted in the Town of Southold except that: 1) the single-family home use on a single and separate lot as set forth in Article III, § 100-31A(1); and 2) customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code Farming is a land use and neither of the exceptions are applicable. Therefore Article XXV of the Town Code applies to farming. (It is important to note that the question before this Board is not whether or not the two buildings are permitted but rather, whether site plan approval is required.) Section 100-250 further states that site plan approval is not required unless there is: 1) a change in use, or .2) a change in intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space'or utilities. In this case there is no change in use. The prior use of the property was farming or accessory farming and the greenhouses will be used for the same use. The key question is whether the construction of the two greenhouses constitute a change in.intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities. The greenhouses in question together total approximately 600.0 square feet. By sheer size alone these cannot be considered minor. accessory structures. The footprint created by such substantial greenhouses as well as their placement on the property. constitute a change in intensity of use which will affect, at a minimum, open space. Thus,. pursuant to Town Code section 100-250 site plan approval was required as a condition precedent to the issuance of a building permit. The Board notes that .in totaling approximately 6000 ' square feet these structures are larger than the majority of the' structures in the Town. The Muellers raise the questions of standing, notice and mootness. The Board finds these claims to be without merit. BOARD RESOLUTION/ACTION: Now; therefore, on motion by Member Tortora, seconded by Member Homing, it is C,04W Page 4 —June 7, 2001 Appl. No. 4909 — P. and J. McNamara 1000-101-2-24. S and 24.6 Resolved, that the Zoning Board of Appeals, based on the record, the public hearings, the oral testimony and the written submissions, for the reasons set forth above, hereby finds that Mueller's application required site plan approval pursuant to section 100- 250 of the Town Code prior to a building permit being. issued; and bis. it further Resolved, that.the Building Inspectors decision to grant Building Permit No. 26821-Z dated October 4, 2000 is hereby reversed and annulled. VOTE OF THE BOARD: AYES:, Members Goehringer (Chairman), Tortora, and Homing. NAYS: Members Dinizio and Collins. This Resolution was -duly adopted (3-2). erard P. Goehringer, 4 MiMS OF FARNM AND CONUdrr I E Suffolk County Pluning Department Date: April. Z8, I998 -- Elmer Zch (Brookhaven) Anthony Braced, Jr., (Huntington) William Rutico�cc (Islip) Charlie Scheer �At-Large) Dan Fricke (At Large) Albert Schmitt (At -Large) Joseph Knmru o%'i l i (Southold) Alberti Kilb, Jr. i(Sheiter island) Lee Foster (Sot}thampton) Nate Corwin (alt -Large) Roy Dragotta, l, sq,. Bumau Chic& Municipal Svcs. Jacob Rottkam� (Itivahcad) Betty Schmitt, V. Division of Real Estate Roy Fedelem, S.C. Dept. ofPb=ing Guests! Dick Ryan, Town of Southold Land Preservation Coaunittpe padettte Satter Fred Lee Anthony Caniaua Kanath R. Balloto Absettr. Brian ziu ni (Boylon) Mak Zaweski (At -Large) Reused Barnett KSimiihtown) h;blriey Ii11M (At -Lame) Teri Allah, S.C. bivision of Regi Estate Bonnett O lows 4 Jr. (At -Large) William Sanok,;Corncll Cooperadve Extensive Jamey Kohn, S.C. Dept. of Law Joseph f#ergela.I.I. Farm Bureau The rcguiar meeting of the Farmland Committee was called to order by the Chairman,, Stephen Jones, at 6.00 p.m. in rho Arthur Kurtz Library on the 4th Floor in the H. Lee Denton Building, HFPavBe. N.X. : Fred Let (Sang Lee Farms) - Permission to Build Greenhouses W. Lee is asking for approval to build two (2) additional grecuhouses as well as approval for the existing greenhouses. The new temporary greenhouses will be 30' by 196' hoop house coveted year round for vegetable Owth. They ace approximately 460' back from the road. Mr. Lee would also like approval to build a faint stead close to the road. Tony Brand made motion to approve the farmstand, two (2) new greenhouses, existing greenhowW6 "waded by Jacob Rotticamp, subject to local regulations. Motion carried. Paulette Satur quu,esst was made for:3 ,greenhouse as proposed in a letter dated -April 11'.'1999; A -moxion was rude to approve'orthwestern location for a temporary g�house._subject to .Jaa3 rsguinments, by Elmer and seconded by Nate Corvriq.- Matioa carried. Jack Weiskott Held of unW text meeti> g. No mpreserntadon or information available. Suffolk County Farmland Presprvatlon partnership Program The Suffolk County Exec. has received funding from the Legislature in December for lire lust SS ttrillion for Land Preservat}on Partnership, It is a 50.50 program whet -e the County can make f=& go Aulhcr and some of the towns have been active with local bond issues to acquire development rights. The Tows: of$oud mpton is requesting approval for parmets* arlangetnaft for two (2) fauns which aha subject to the approval of the Farmland Conuoittee. The Town has submitted a rmolution foe their half of the paraurship which will then go to the County Legislature. Les lyonersuggewd swift ection.' One of the parcels, Joshua's Place (17.3 items) has already been wroved by the Commim a and ileo other is a 35.5 acre parcel. which will be discussed later. The Town of Southold is also interes* in teaming up with the County on the Rutnership Program. The County Executive has put in for rtt�ther $5 million for this yeas plus an increase from S 1.5 millioti up to $S million for the annual ptrcclraae of development rights. State and Federal Funds Roy Fedelm state that we will be getting mother check for SLS million from the State for the fust application and they have just received approval for $759,000 for the second round. We should be able to apply fat this in a few months. ' 712ey have put out a nevi RFP for the State and Federal feuds which we will be punting in appl lcationL 1I)e State application is due June 3 and the Federal is due June 10. Stove Jones added that when they got the letter' back frons the State it was basically the list that the Farmlartli Committee approved at the July and October meetings of last year. less the horse farms and a f* small, one acre fauns. Roy Dragotta said the County Ex= is vay serious about advancing time program and is personally engaged in this issue. Congmssmaa Fotbas Is on the Appwpria dons Committee, however in order to get appropriations, the program has to be first authorized by the Congicss. The current federal fanniands program nuts out tete end of AUG ism U�t Knined................. V1.... Approved..t t% ......... 6V. Disannm ] r/,. -FORM NO. 1 3 SETS LANS ..... TOWN OF SOUTHOLD SURVEY........... BUILDING DEPARTMENT CHECK • TOWN HALL SEPTIC.FORM .................. SOUTHOLD, N.Y. 11971 DEC ,•,•„ •� TEL: 765-1802 TRUSTEES ...............,.J..... -llNOTIFY:..... �.. � CALL ��//JJ ��// � MAIL T0: . Permit No, .Gd:�'F. ............................... ............................... ..... ... .... ...... (Bu 1 Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS Date ............... .20.. a. This application mjst be completely filled in by typewriter or in ink and submitted to the Building Tnspecto 3 sets of plans, accurate plot pian 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 giving a detailed description of layout of property mist be drawn on the diagram which is part .this application. 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. Su permit shall ?:e 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 Whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the tiu3I&06 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 descried. 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 bui ing for ,necessary i (Signature of applicant, or nave, if a corporation: •(Mailing address of applicant) % J State i•+hether applicant is owner; -lessee, agent, architect, engineer,'general contractor, �electfiician, pluaber or buil ..........(7l ................o.....................................................�!......... ............. Nwe of owner bf•pr�nises ' !,A%1e ET{� • ,jATU�C if `(C• A111) • �BL'�Q�i�Yt� AlaLL(�.. • •- `.(as on the tax roll or latest deed If applicank rl8 a COTpOYa1lO S] f (, Il, gnA`bre of duly authorized officer. (Nang and title oF.corpotrtte,.offi� I.ic�nse N6. •...:.:.........:. Pkmbcrs License No. Electricians License No. ........, Other Trade's License No . .................... I. . Location of land oa which proposed work will be done.. , �,J A(rt� ag Pivtco— .,............. . ............................. House Neer Street •. ..... b`/GUE County Tax Map No. 1000 Section ....J.Q �....... Block .....;Z.... Int ! ,?. ;S .... Subdivision....... (Nave) ......................... Filed Map No. ............... Int ............... 2. State existing use and occupancy of premises and a. int use aril ng use and occupancy HOOP. FSE I UNrJtZ.i occupancy of proposed construction: �cisti F'(XC GRUt,Jln1� �°�S b. Intended use and occupancy ................................ ........;...... ........... ....................... . _ it I .. 3. Nature of work (d)eck which applicable): New Building .......... Addition .......... AlterationU � . . Repair ............. Raroval ..A.' ....... Dowliticn ............ Other Work N��...tkQOP. t C?9� rte............. (Description) 4.. Estimated Cost ...��i� .......... fee ...........:.............. . .......'j. to be paid on filing this application) .5. If dwelling, mx&vr of dwelling units ............ Nurlher of dwelling' units on each floor ................ Ifgarage, mmher of cars............1........................ 6. I£ business, comcercial or mixed occupancy, specify nature and extent of each type of use... ..u.S�e .... • � r 7. Dimensions of existing structures, if any: Front.... a l�....... Rear ................ Depth ....tip......... , ileiglht .......... U�............ Nurber of Stories ........................ Dimensions of'same structure with alterations or additions: Front ............... Rear ............... Depth .................... height .................... Number of Stories , a. Dimensions of entire new coostructiom Front ........z0 ...... Rear ............... Depth ..4. ........ lleigiht .........1 `............ Numiher of•.Stories ..................... 9. Size of lot: Front .. 1411.1( ........ Rear ................... Depth � q:!p...... 10. Date of Rtrdhase .....1: � ,.:��q.T... Nave of Former Owner .... 6.fj'.�.`. SJr—...................... I'I. Zone or use district in which premises are situated .... 9E�IA"AL/................................. 12. Does proposed construction violate any zoning low, ordinance or regulation: ...... .............. 13. Will lot be regraded VV.1.pp5LiGH".. Will excess fill be removed ,from premises: YLS O, U N. Names of Owner of premises l:A T1 !! ': 'rtr7dress ii?�1`?S! ,C`+► 4 Plane No. Nacre of Ardritect.................................... Address ......... I ...... .............. r[Kme No. ......... Name of Contractor ..........., ........................ Address ............ %... ........Piwne No. ......... 15. Is this property within 300 feet of a tidal wetland? * YES .......... *1F M -S, SOLMOD TO(d, TRUSThZS FM1IT MAY BLT REQOIMM. i PLOT DIAGRAM I Locate clean]# and distinctly all buildings, wbether existing or proposed, and indicate all set -back dimensions fi= property lines. Give street and block mcber or description according to deed, and show street nares arxi indicate whether interior or corner lot. ^ ..�,anr•�-n eq -•. TRI) APPROVED AS NOTED p`.� I l03 :� . r �,�'� .. DATE iy ! 4 l Va G��n 1 FEE: 1 b 0 BY: OCCUPANCIIs•0R p� USE IS UNLAWFUL I'll CERTIFICATE OCCUPANCY •r V. . GN OR CONS RUCTIUN Eho0r,a NOTIFY BUILDING D A1RT TAT 765-1802 9 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS, 1 FOUNDATION - FOR POURED CON ETEEQUIRED 2. ROUGH . FRAMING & PLUMBING 3. INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE N.Y. STATE CONSTRUCTION d: ENERGY CODES. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION, ERRORS .;MI i Or 1114 YORK,. pE51 SS I ,�'jj �� �^�����,, �� -t l.r.�AJ�..S 1,41..............................being duly sworn, deposes and says thatShe is the applicant (Name of individual signing •contract) above nanecJ' Slteis the ... ............................................................................. (Contractor, agent, corporate officer, etc.) or.- said c mher or owners, and is duly aut•Iwrized to perform or have performed the said work aryl to make and file this appl.icatiai; that all statements contained in this application are true to the beat of his krrowledge and belief; aryl Lhat the work will be performer] in the marcher set forth in the application filed tberewith. Sworn to before me this c, L ......day of OU Notary Publi ` AMY M. BS8S� f Ij 001�609e7A71Nw1Belt pp.�IlfNd h, SulfoYr em Ion Eg9r" Fdwu-V ........�� d (Silnnture of Applicant) y ' P Th Ions of wells and cesspools shl neon are from field observations \� am om dela obtained from ofberS. RP A� Q CONTOUR LINES AND ELEVATIONS T Y ARE REFERENCED TO THE FIVE °y 0 � EASTERN TOWNS TOPOGRAPMC �. ale L MAPS . \ '4 r 'i 6. a`V t, Ni 00. Icp 0 Nip � o ° T ,�'� rr � `I ► � 1 .a ,a-. X v I�• to-"� .Ir' 'o r c to •a. � 0 cP 'tT Or � 0 56.00 elm 5 O� I w Mir m* Mr STASIU�pt1�/,tpDSS FOR APPROVAL dYAMMCAt SYS MW FAAGE R S�MG1.E FiUit�RESOUXES ar Iftef set " thwvk W on ft CERTM'IED To, £BERNARD ARXLER PAUiLETTE SATUR AIRALER WEBS7ER BAAvc COMMONWEALTH LAND TITLE INSURANCE COMPANY RH 92' 0159 'REA + 80,000 eq ft. T00 Agp�q� TO TtRS SUTVEY,s A VIMA7A7N TKiV 7509 OF W / YORK STA M OUCAW LAW • AS !'!7R 3 CT,ON 7209-SL170VVLggN P. AL1 CER T!`7CA5701a ' ARE' VALD FM 7NS FUP AM COWlES TriE7tE0f CAL Y it �S71A TLIAE SS'ED SEAL Of Tt�E-V-"VEYQR c1r To cau�Lr MTN sioAw rrF TE7rif �tTp er 4=o 10\( SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, N. Y. 1000-101-02-24.5 Scale: 1" = 50' Feb. 27., 1997 Mwc 2G, /997 (well, I •c.P•,. ) ...Junr ze, 1417 (,orrp wN/ r sdai7�n.r �! pNH\M()jj I Y.S. LIC. NO. 49618 P.C. 97-134 FORM N0: 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) PERMIT NO. 26821 Z Date OCTOBER 4, 2000 Permission is hereby granted to: PAULETTE SATUR MUELLER 3705 ALVAHS LA CUTCHOGUE,NY 11935 for :. CONSTRUCTION OF 2 AGRICULTURAL GREENHOUSES AS APPLIED FOR. at premises Located at .,705 ALVAHS LA CUTCHOGUE County Tax Map No. 473889 Section 101 Block 0002 Lot No. 024.005 pursuant to application dated AUGUST 15, 2000 and approved by the Building Inspector. Fee $ 100.00 Autho i d Signature ORIGINAL Rev. 2/19/98 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Paulette Sauter Mueller 3705 Alvahs Lane Cutchogue, N.Y. 11935 BUILDING DEPARTMENT TOWN OF SOUTHOLD • March 7, 2002 Re: Building Permit #26821-Z - Premises @ 3705 Alvahs Lane, Cutchogue, NY Suff Co.Tax Map #1000-101-2-24.5 Dear Ms. Mueller: Fax(631)765-1823 Telephone (631) 765-1802 Please be advised that we cannot is//,lue the Certificate of Occupancy for the greenhouses on the ab(/,ve property until we receive a decision from the Suffolk County Department of Planning. For your information, we are enclosing a copy of the letter that we received from Thomas A. Isles. If you have any questions, please feel free to contact me. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Gary J. Fish, Building Inspector GJF:gar a 1 J i e 0 NDATTON ( IST) II jj II Ii'------ II II II NDATION-----------=___�___=====1�====______ I —i rr �------ a -- 11 if o GR FRAME & u PLUMBING' Ji U 1�1 II II it i�---JI cn II II _II ULATION PER N. Y. 41 H STATE ENERGY iiu CODE---�1 U HI u u � u u - ri II I if II II _� FINAL N if 11 �H 1 II ________�__=___=____________________= '+ O ADDITIONAL COMMENTS: r H , J� — � H oOZ tzl ro a 1 J i e 0 a.4a LSV . 1 TOWN OF SOUTHOL D -i1 BUILDING DEPARTMENT s 1 AUG 15 TOWN HALL ! i ;�► SOUTHOLD, N.Y. 11971 TEL: 765-1802 Examined ......_.. .._.4' Approved .................. .... Permit No. .G. Disapproveda/c .................................. ................................ (Building Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS J SETS OF PLANS .........' SURVEY ..... CHECK ........................ SEPTIC FORM ....... DEC TRUSTEES ....................... NOTIFY: P. �j CALL ......: -4,1W MAIL TO:...... .......... Date ............... .20... a. 'this application must be completely filled in by typewriteror in ink and submitted to the Building Inspector 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationshi to adjoining streets or areas, and giving a detailed description of layout of property P 3 premises or public this application. y P petty Host be drawn on the diagram which is part c C. 'tine 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. Suc 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 whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. APPLICATION IS HEREBY WMe to the Building Department for the issuance of a Building Permit purvmt o the Iiuildim,i 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 descried. 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 bui ing for necessaryinspections. specti'rns. ......�..................................... (Signature of applicant, or rare, if a corporation) ......�. •. (Mailing address of applicant) pplicant State whether applicant is owner, lessee, agent, architect en ine:er ' ' g� general contractor lett ician, plumber or buil .................................. \ ............................ ......... .......... ............... Nares of owner of premises .................... l k'. I (��L( tYe..l0t(l� ..�QCYZ!'��9/'cp/ �tC LL . (as on tine tax moll or latest deed) " " " " " " " " If applicant is a corporation, signature of duly authorized officer. . (Nano and.title.of.corporate.officer). .•- Builders- License No.".,...,. Plumbers License No . ......................... Electricians License No . ..................... Other Trade's License No. 1. Location of land on which proposed work'Will done.. N0 ei�A3���A f�o�GUCE1F ZoS i�.. =l� a...tZ.....• HaLse ............. .3...................11�`A.................r��er Street ........................... County Tax Map No. 1000 Section .... /Hamlet f C) !....... Block .....��.......... .. a 7'•s Subdivision ...... ................ ................................. Filed Ma (Name) p.No. ............... Lot ............... 2. State existing use and occupancy of premises and int5Pded use and occupancy a. Existing and anIaK-y of proposed construction: use cupancy ..... �:i .. P. KOI:IS E . I. U N AC� . FtXC Cs2du11 n1� . �5..'............ . b. Intended use and occupancy J/ . .......................... , ......... ..... .. •ii - 3. Nature of work (check uhidi applicable): New Building .......... Addition ........... Alteration ......... Repair ............. Removal ..4k.......... Demolition ............ Other Work N�i�?:k�QOP.:►:�.4�S .. (Description) 4. Estimated Cost ...h0l.(job .......... fee ............................... .. ..... (to be paid on filing this application) 1 5. If &elling, nuri.-mer of dwelling units ............ Number of dwelling units on each floor ................ Ifgarage, number of cars.............4......................... I/rr 6. If business, cmuercial or mixed occupancy, specify nature and extent of each type of use... ..u.s� 7. Dimensions of existing structures, if any: Front.... 3 �....... Depth.... Rear ............... 1>eiglht ..........1.�............ ,Number of Stories ...................... .... Dimensions of same structure with alterations or additions: Vont ............... Rear ............... Depth .................... 1:leipjit .................... Anber of Stories ............. •��� F3. Dimensions of entire new construction: Front .10...... Rear Dept lieigitt .........! `............ Number of Stories.............................p.G. .......... 9. Size of lot: Front ..... .I-�w�.�.r ...... Rear .................... Depth ..... `.!'!0!..... 10. Date of Purchase ..... r�'�14�..>.�q-�... Name of Former Owner .....�d.� �K:! .................... . 11. Zone or use district in wiiich premises are situated _ .. • . • .. • .. • • _ 12. Does proposed construction violate any zoning law, ordinance or regulation: ......n .............. 13. Will lot be regraded VECI WWi�il��l excess fill be removed from premises: YES & u 14. Names of Owner of premises l.A;r4i E:cJ1.muress�vS.!�'�!r�C`.'.��'t•iEPthone No. Narrre of Architect .................................... Address ........................... No. . ... Prone ........... Name of Contractor ...............................\ Address ................ .i'Ihone No. 15. Is this property within 300 Feet of a tidal wetland?`* Yf.S .......... NO .... Z.. *IF YES, SaMUZ MV TRGS M--3 PLE3= MAY BE RECXMMi . PLOT DIAGRAM t.ocate clear' and distinctly all builds b y y buildings, whether existing or proposed, and indicate all set -back dimensions ?' frern property lines. Give street and block cumber or description according to deeds and show street names and indicate whether interior or corner lot. APPROVED AS DOTED �" „ - DATE: IV I `0 B.P. # o� Y. FEE: BY: NOTIFY BUILDING DEART064T AT *a, 765-1802 g AM TO 4 PM FOR THE �ft f (' FOLLOWING INSPECTIONS: ASL CCU PAN '`•' 'O ' ` I. -FOUNDATION -TWO REQUIRED (V\ 9 -SE IS U N LAIN FU L FOR POURED CONCRETE t_s RAMING &PLUMBING �,:.JITHQUT CERTIFICATE u- OCCUPANCY 2. ROUGH - F 3. INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE N.Y. STATE CONSTRUCTION & ENERGY CODES. NOT RESPONSIBLE FOR :srnlr cx ram yam-, DESIGN OR CONSIRUCTION Lh tiVri� DESIGN OR CONSTRUCTION ERRORS SS 7ou t .....being duly sworn, deposes and says Chatshe is the applicant (Name of individual signing contract) nbove narrred, lie is Ole... ....... (Contractor, agent, corporate •officer, •etc.) of. said owner, or owners, and is duly authorized to perform or have performed Che said work aixl to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief.; and Chat the work will be performed in the manner sal' forth in Che appl.icatioin filed therewith. Sworn to before me this o ,� .. .clay of .U..•D:1...'20�i�... Notary Publi . .. ..'.::1:.. ... AMY M. B ....... ................. � . . MARY PUBUC StKeofNawlflsek (Si 3Cv.re of Applicant) No. 01 ffimfe, gm pp Qualified In Suffolk Courft Commission Expires February 27, 7, FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 9&3 PERMIT NO. 26821 S Date OCTOBER 4_L_2000 Permission is hereby granted to: PAULETTE SATUR MUELLER 3705 ALVAHS LA CUTCHOGUE,NY 11935 for : CONSTRUCTION OF (2) AGRICULTURAL GREENHOUSES AS APPLIED FOR. at premises located at 3705 ALVAHS LA CUTCHOGUE County Tax Map No. 473889 Section 101 Block 0002 Lot No. 024.005 pursuant to application dated AUGUST 15, 2000 and approved by the Building Inspector. Fee $ 100.00 Autho i d Signature ORIGINAL Rev. 2/19/98 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Paulette Sauter Mueller 3705 Alvahs Lane Cutchogue, N.Y. 11935 BUILDING DEPARTMENT TOWN OF SOUTHOLD March 7, 2002 L,'w-eA a (w03 Re: Building Permit #26821-Z - Premises @ 3705 Alvahs Lane, Cutchogue, NY Suff Co.Tax Map #1000-101-2-24..5 Dear Ms. Mueller: Fax(631)765-1823 Telephone (631) 765-1802 Please be advised that we cannot issue the Certificate of Occupancy for the 4reenhouses on the above property until we receive a decision from the Suffolk County Department of Planning. For your information, we are enclosing a copy of the letter that we received from Thomas A. Isles. If you have any questions, please feel free to contact me. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Gary J. Fish, Building Inspector GJF:gar COUNTY OF SUFFOL ROBERTJ. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING k February 20, 2002 Gary Fish Building Department Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Property of Paulette Satur Dear Mr. Fish: THOMAS A. ISLES, AICP DIRECTOR OF PLANNING It is my understanding that there is an application pending for a building permit involving a greenhouse structure located on the above -captioned property. Please be advised that this property is included in the S�ffolk County Farmland Development Rights Program and, as such, any such structure requires approval of the Farmland Committee. Please be advised that as of this date, the Farmland Committee has not approved the greenhouses in their current location. Although this matter has been discussed by the Farmland Committee during several meetings, a final decision on the case is not expected until late March 2002. I provide this for informational purposes. If you h ve any questions, please feel free to contact me. VeoA. 6 urs, TAI/klr T Isles D G:\krigano\SCPD\TAI-Corres\L G Fish re Farmland Comm.doc LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6100 ■ (5 1 6) 853-5 190 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 1 TELECOPIER (5 1 6) 853-4044 .'M RP V °9 'i d(f' id�r<C I 1 d. L 1 t�• 1 1 it 1 - ` 'O oo�Q � New ,00 6 SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NY 1000-101-02-24.5' Scale: 1 50' Feb. 27, 1997 M.v 20, 1997 I -ell, 16, 1997 Corp well r I M fear SIM AW STAAVAWS FOR AN°ROVAL AIM! CXYYSTRtJC77gY OF DACE WWA6E SAL SYS7EN8 M9 SIYIGLf FAW Y nES OARS ea/ w1 eY� y Me eteLftm "I " Nwrnii 01W on Me pelei' h co11rlruc'J. CER MWD TO, £BERNARD AR2LM? PAlILETTE 6aM ELLER IVESSTER BAMK COA04ONWEALTH LAND TITLE INSURANCE COMPANY RH 97 0159 WS4 = 80,000 aq.ft. ` �L 7ERA TA7M7 OR�qp�q�y TO TMS SlA9VEY ISA vXKA 7A7W rKW %2a9 C1r 7W /�E' Y0011 STATE EDIA^A17CW LAW AS PFJI 3>E'C7ION :2p9-SUIWy:OGW P. ALL cE/1W0� 7,, P ONARE vKgp FOR TMS ANP AfO COP S 77EREar oAtY Ar %W TLR£ A�ARJ SSFD SEAL of 77C sYAP'VEYCK LLY TO COWLY Nl7M SAM 1 Ar ru rte., __ Thi , ,;Ions of wells and cesspools sho eon are from f/e/d observallons and 1m data obtalned from ofhers. CONTOUR LINES AND ELEVATIONS ARE REFERENCED TO THE FIVE EASTERN TOWNS TOPOGRAPMC ttd L MAPS . rn 0 ti Y.S. LIC. IVO. 496/8 P.C. 97-134 I � F _ COMPLAINT REPORT NAME A10-4X-ah-,o— DATE r ADDRESS vQU ct, PHONE#3 .S HOW RECEIVED, TEL MAIL IN PERSON LOCATION OF Wg . e .3 7105 . S COMPLAINT ��'�°1- NATURE OF COMPI�AI'I. ASSIGNED TO INSP. DATE ao REMARKSi9 ,�-1,�zF ��n��.✓i�,sw t8 0 A 0 rrnlr _ FILE # (IF APPLICABLE) RE-INSP DATE W Mo J11,31111 $uffilk County Planning Depamnent tante: April 28,1948 present: - -- -Stephen M. Jonica, Chairman - — -- - - Elmer Zeh (Brookhaven) Anthony Brand, Jr., (Huntington) William Rutko kc (Islip) Chadic Sc}hcer �At-Lark) Dan Fricke (At -I - LarCe) Albert Schmitt (At -Large) Joseph Krukowski (Southold) Albert Kilb, Jr. i(Shelter Island) Lee Foster (Southampton) Netto Corwin (alt-Larp) Roy Dragotta, sq,. Bumu Chief~ Municipal Svcs. Jacob Rottkatrrnp (Riverhead) Betsy Schmitt, S.C. Division of Real Estate Roy Fedelatm, S.C. Dept. of Planning Guests- Dick Ryan, Tow'm of Southold Land Preservation Conn ittea: Paulette So= Fred Lee Anthony Caggiano Kith R. Btilioto Abseanr. Briaah ZlUkni (B}bylon) Mark Zatwe ski (At -Large) Rumell Bamett KSraithtown) M*Icy Riker (At -Large) Teri Allan, S.C. Division of vte4 Estate Bonnett Orlowski, Jr. (At -Large) William Sanok, ]Cornall Cooperative Extensive Jenny Kohn, S.C. Dept. of Law Joseph Gergela.11 Farm Bureau l u resular meeting of the Farmland Committee was called to order by the Clhairm= Stepihca Jones, at 6.00 p.m. in khe Arthur Kunz Library on the 4th Floor in the K Lee Deanrnbon Buildiahg, Hauppauge, N.Y. i 1 Fred Let (Sang Lee paeans) - Permission to Build Greenhouses W. Lee is asking, for approval to build two (2) additional green1wuses as well as approval for the c4sft gmwhouses. The new temporary greenhouses vol be 30' by 196 hoop house, covered year rotund for vegetable Owth. They are approximately 460' bade from the road. Mr. Let would also tike approval to build a farm stand close to the road. Toney ;Brand made motion to approve the farmstand, two (2) new greenhouses, existing gmenhotrsam, "waded ads d by Jacob Rottkamp, subject to local regtalationL Motion carried. Paulette Satur west was made fora ,greenhouse as proposed in a letter dated -April 11'.' 1999. A station was ode to s>pprov* 'ort1twestern location for a temporaryg haeat,e,_snbjeet to .Jrequirements, by Elmer and seconded by Nate CoI7%*- Math. canis. Jack Weiskott Held off until next raectirig. No reprenniation or information avaiilabie. Suffolk County Farmland Presp, rvation Partnenhip Program Tlse Suffolk County Exec. has received funding from the Legislature in December for the RM SS inion for Land Preservation Partnaship, It is a 5050 program wht= the County an make funds go ftarther and some of titre towns have been active with local 'bond issues to Acquire development rights. The Town otiSouthampton is requesting approval for parmership arrangements for two (2) % which are subject to the Approval of the Farmlausd Committee. The Town has Submitted a resolution for their half of the partnership which will thew go to the County Legislature. Lea Foster suggewd swift action.1 One of the parcels. Joshmes Place (17.3 aeras) bas already been approved by the Committee mid the other is a 35.3 acts parcel which will be discussed later, Tha Town of Soutimid is also interested in teaming up with the County oa'the Partnership Progtaat. TIJ County Executive has put in for ta4other $5 million for this year plus an in emase from $1 .5 million up to $S million for the annual purchase of development rights. i State and Federal Funds Roy Fedd= states that we will be getting another cheek for S1.5 million from the State for the fust application and they have jest received approval for S7S9.OW for the second round. We should be Able to apply for this in a few months. They have put out a neve RFP for the State and Federal funds which we will be pasting in applications. The State appIicatica is due June.3 and the Federal is date Janne 10. 'Steve Jones added that when they got the letter bask from the State it was basically the list that -the Fuimla Committee approved at the July and October meetings of last you. less the home farms and a few small, one sero fauns. Roy Dragottas said the County Exec, is very serious about advsnc&4 these programs and is pm=naaily engaged in Ws issue. Con$rassr>zaa Forbes Is on the Appropriations Cqm nittee. however in vada to get appropriations, the program, has to be first authorized d by the Congiesx. The current federal fanrslands progra rn runs out the end of Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 BUILDING DEPARTNIENT TOWN OF SOUTHOLD July 26, 2000 Paulette Satur Mueller 3705 Alvahs Lane Cutchogue, N.Y. 11935 Fax(516)765-1823 Telephone (516) 765-1802 Re: Premises: 3705 Alvahs Lane, Cutchogue N.Y. Suff.Co Tax Map #1000-101-2-24.5 Dear Ms. Mueller: It has been brought to the attention of the.Building Department that plastic greenhouses have been erected without first obtaining a Building Permit. According to the Code of the Town of Southold a Building Permit is required before any constrRction can be undertaken. Please contact this office as soon as possible so this matter can be resolved. I thank you for your anticipated cooperation. Respectfully, SO OLD TOWN BUILDING DEPT. Gary J )i S; Building Inspector GJF:gar (Cert. Mail) TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET Is VILLAGE DIST. SUB. LOT -c- -t r u e4�L iTur v ACR. REMARKS 0 TYPE OF BLD. L) C 7,-� --Z�r0:5cwt; 066 ler �04-,tc. - ::Rao Do d PROP. CLASS21, TOTAL DATE ND LAND C 0 20 IMP. IMP. 6 SOC) cl 3 50-0 f0- FRONTAGE �04N-,,'WATER TILLABLE WOODLAND FRONTAGE ON ROAD MEADOWLAND HOUSE/LOT TO 6" DEPTH BULKHEEAD:�:Er TOTAL I \. (tension (tension 7-� d4sion 9FG14 reezeway CTQIL TRIM n \ II NDATTON n u n II II -------..... -- il NDATION (2ND) u FLA GH FRAME & u II it -- it------ �� - PLUMBING JI V" I� II II II - -----------=====11 --------- �11 ULATION PER N. Y_ HE STATE ENERGY Imo_— lig ii CODE II if u �, lu t u --------------- II jj tiS y // Ili- IIII /' IIS if . I-�j FINAL jj _ _ �� II ADDITIONAL COMMENTS: r t� 1 H J� - \ H oz a c-' o 9 LN TOWN OF SOUTHOLD r BUILDING DEPARTMENT AUG 1520TOWN HALL SOUTHOLD, N.Y. 11971 TEI. 765-1802 TO Examined.......... .. ..._.� 20. Approved .................. .... Penuit No..G? n Disapproved a/c .................................. �;lding ........ Inspector) APPLICATION FOR BUILDING PERMIT INSTRUCTIONS .s SETS OF PLANS ......... SURVEY ..........:............ CHECK ...... SEPTIC FORM ... DEC TRUSTEES ...................... NOT CALL-.....:7 3 MAIL TO: Date ............... .2G... a. 'chis application oust be completely filled in by typWriter.or. in ink and submitted to the Building Inspector 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationshi to adjoining streets or areas, and giving a detailed description of layout of property a 3 ia premises of public this application. y p perry must be drawn on the diagram which is part c C. Tlie 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. Suc 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 whatever until a Certificate of. Occupancy shall have been granted by the Building Inspector• APPLICATIm IS HER[W MADE to the Building Department for the issuance of a BuildingPermit 1luildirn; Zone Ordinance of the Town of Southold, Suffolk Cour pursuant to the Regulations, for the construction of buildings, additions or alterations, or fortreemovallor demole 1�tion as herein r descriped. 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 bui ing for necessaryinspections. • c...1J•...LJ... _ ......................... (Signature of applicant, •or name, if a corporation) ,�-- J• • (Mailing address of•applicant) State whether applicant is owner, lessee agent, architect, engineer, general contractor, 'lect ician, plumber or buil ............................................... ........., ......... ... Nam of owner of premises ..:.Au•�-,E!,... SA%UR ................... Id1lp E6CY�,NyZp� /� as... ............... on the tax rollorlatest deed) If applicant is a corporation., signature of duly authorized officer. (Nano and ..title .of corporate •offi• cer) Builders License No,",,,', .......... Plumbers License No . ......................... Electricians License No. Other Trade's License No. .• 1 • Location of land on which proposed Wrk will be done.. Nd!urt4 .60'sp,p-A /QMAE A � . ����Z, .... 3 s ........... ..1d.LV'4 N; S IJINLf ....... . ..... ... .... ... ... House Nuaber ................. C.11bGIJE .. Street .. ......... County Tax Map No. ]OOO Section ... � Haiulet •.. ...... .Q ........ Block .....;.... lot 0,1.Y' S' Subdivision ...... ...................... ..._.......................,.... Filed Map. p.NO. ............... Lot ................ 2. State existing use and occupancy of Premises and ince ed use and occupancy of Proposed const a. Existing use and occupancy HOOP E I U N po ruction: ..... .. ...... tt:T - FA GRgWWG -Germs b. Intended use and occupancy ............ /'............ ..............; ......... .. Hature of work (daecic wlaidi applicable): New Building .......... Addition .......... Alteration....... . Repair, ............. Removal......... Danolition ............ Other Work EZ - - O (Description) EstimatedCost .....! �. � .......... fee..........4.............................. (to be paid on filing this application). If ckaelling, nuriaer of dwelling; units ............ Nurber of chaelling units on each floor ................ Ifgarage, number of cars............4.......................... ''rr If Iminess cannercial 'or mixed occupancy, specify type of use... . cupancy, s ci nature and extent of each 7. Dimensions of existing structures, if any: Front.... �,...... Rear ............... Depth ....�. ......... Height .......... 1.!�............ . Number.of Stories .................. Dimensions of same structure with alterations or additions: Front ............... Rear ............... Depth ....... Beig#at .................... Rnber of Stories .........•...... 8. Dimensions of entire new construction: Front..... 3Qr..... Rear Depth fleigilt....... �.......... rb Nuer of Stories ..................... p ,` 9. Size of lot: r4.1ront .....t.il .! ...... Rear . Depth .... �! 3'!vr. 10. Date of Purchase .. .1"a14f 1".99.7... Nwe of rormer Owner ..... d. .............................. 11. Zone or use district in wiiicb premises are situated .....��:��P.!.�p'::..4........................... • 12. Does proposed construction violate any zoning law, ordinance or regulation: ......t� .............. 13. Will lot be regraded VG.1?j..f�5�-A. .. /{Will ��excces�s shill be removed from premises; YES & 14. Names of owner of premises l.AIAE.W E' :TJ":�1.►u""'EWress 1�5.��'4 � �� pf' Phone No.�.j�i.".1.'?�� Nance of Architect ........... ...................... Address Phone No. .. dame of Contractor ................................... Address ...............:�' ........Phone No. ......... 15. Is this property within'300 feet of a tidal wetland? * YES .......... No ... *II' YES, S(XMUD MV TR19=13 .PGf M MAY BE MWIRM, . i PLOT DIAGRAM Locate clea?c'y and distinctly all buildings, wtaetber existing or proposed, and indicate all set -back dimensions from property lines. Give street and block rnmber or description according to deed,and show street names and indicate whether interior or corner lot. U,1Y. U_ Jr CCUPAICYC,IQR ; - _� E IS UNLAWFUL U4UT CERTIFICATE y- CCCAiCY -1; v APPROVED AS NOTED DATE:l I_ `4 B.P..# FEE: d D BY: NOTIFY BUILDING D ARTM T AT 765-1802 9 AM TO 4 PM FOR THE FOLLOWING INSPECTIONS: I. FOUNDATION - TWO REQUIRED FOR POURED CONCRETE 2. ROUGH - FRAMING & PLUMBING 3. INSULATION 4. FINAL - CONSTRUCTION MUST BE COMPLETE FOR C.O. ALL CONSTRUCTION SHALL MEET THE REQUIREMENTS OF THE N.Y. STATE CONSTRUCTION & ENERGY CODES. NOT RESPONSIBLE FOR DESIGN OR CONSTRUCTION ERRORS S su.' Or w;w Yam, , DESIGN OR Culmo 1 nuGI i 4 t 1, �....... ss r IT Or Sc�-......�. ... .`.. .• Z•"' 32j.. ............... .....being duly sworn, deposes and says thatShe is the appl.icant (Name of individuaI signing.contract•) above moved, is the ..... (Contractor, agent, corporate• officer.,' etc.) of said owner or owners, and is duly authorized to perform or have perfor6ed the said work and to make aryl file this appl.icatio7l; that all statements contained in this application are true to the best of his knowledge and bel:i'eH aryl that the work will be performed in the manner set forth in the application filed therewith. Sworn to before m2 this . ... .day of Notary. Ribli ... AMY M. B NWARYU� xor�c Guefified In Suffolk=may Commission Expires February Z7• ',?:-� .......................... ... (Signature of Applicant) FORM N0: 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT Town Hall Southold, N.Y. BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) 9) t 3 PERMIT NO. 26821 Z Date OCTOBER 4, 2000_ Permission is hereby granted to: PAULETTE SATUR MUELLER 3705 ALVAHS LA CUTCHOGUE,NY 11935 for : CONSTRUCTION OF (2) AGRICULTURAL GREENHOUSES AS APPLIED FOR. at premises locatL-d at 3705 ALVAHS LA CUTCHOGUE County Tax Map No. 473889 Section 101 Block 0002 Lot No. 024.005 pursuant to application dated AUGUST 15, 2000 and approved by the Building Inspector. Fee $ 100.00 Autho i d Signature ORIGINAL Rev. 2/19/98 Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Paulette Sauter Mueller 3705 Alvahs Lane Cutchogue, N.Y. 11935 C* C* _ BUILDING DEPARTMENT TOWN OF SOUTHOLD March 7, 2,002 L""�& QL 0� \ 1,3 Re: Building Permit #26821-Z - Premises @ 3705 Alvahs Lane, Cutchogue, NY Suff Co.Tax Map #1000-101-2-24.5 Fax(631)765-1823 Telephone (631) 765-1802 Dear Ms. Mueller: Please be advised that we cannot iss'ae the Certificate of Occupancy for the greenhouses on the abo/e property until we receive a decision from the Suffolk County Department of Planning. For your information, we are enclosing a copy of the letter that we received from Thomas A. Isles. If you have any questions, please feel free to contact me. Very truly yours, SOUTHOLD TOWN BUILDING DEPT. Gary J. Fish, Building Inspector GJF:gar COUNTY OF SUFFOLK ROBERT J. GAFFNEY SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF PLANNING Gary Fish Building Department Town of Southold P.O. Box 1179 Southold, NY 11971 Re: Property of Paulette Satur Dear. Mr. Fish: February 20, 2002 THOMAS A. ISLES, AICP DIRECTOR OF PLANNING It is my understanding that there is an application pending for a building permit involving a greenhouse structure located on the above -captioned property. Please be advised that this property is included in the Suffolk County Farmland Development Rights Program and, as such, any such structure requires approval of the Farmland Committee. Please be advised that as of this date, the Farmland Committee has not approved the greenhouses in their current location. Although this matter has been discussed by the Farmland Committee during several meetings, a final decision on the case is not expected until late March 2002. I provide this for informational purposes feel free to contact me. TAI/klr If you h ve any questions, please i; VJoA.u rs, T Isles D G:\krigano\SCPD\TAI-Corres\L G Fish re Farmland Comm.doc LOCA -110N MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR ■ P. O. BOX 6 100 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 1 1 788-0099 ■ (51 6) 853-5190 TELECOPIER (5 1 6) 853-4044 L` 11° :. QPxv •i I 1 I 1 I , I O N� An V. Q, <A Me Awiv eit M STAAVAWS FOR AH°ROVAL AIM! C1LIKS7AfAS71+7M AF S►A FACE rE A� LMii�AC SYSTEMS Fq4 S/VKYE FAK Y RESDE a$ ed wr.AAAr y AM . adh Id rd far* #WWW aed on Me p.,rr tr rollrire /. CERTPED TO• PETTE SATUR wxt-ER WEBSTFR aAI+R+r COMMONWEAL 774 LAND TIME INSURANCE COMPANY RH 97 Of59 `REA : 80.000 aq, ft. ` u.7DGTXAY QR AM TO 7TfS SUTVEY (S A VIQCA7A0N �TKW 9, Y(kIfC STATE FDIICA'TKWGAW AS LO r SEC7lgv YP09-Sl.ApYLgpy P. ALL CER7>`lCAy7�pyK9 AR! v�AgFOR 7H5 AARP AAD COHEs 7lEREOF ohCY F TiAIE ARJ { D SEAL OF & SURVEYOR 4 r�. kkiIr W A O 100 ° I +tet �r till q` el � N M �Q� 46. 04, C? 001 56 pow � 0� SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NY 1000- 101-02-24.5 Scale: 1" = 50, Feb. 27, 1997 Mar 2G, /997 11well, I 'C -A, ) .June tG, 1917 (pW wo// / adn, vlmr,1 Y.S. LIC. NO. 49618 -0-OATS• ARE HOT IY CON'L!M EE — tAI r W- Alm S rr� a. mamA 11971 97-134 The )ns of wells and cesspools O show !on are tram field observations w data obtolned from others. and —m % Y CONTOUR LINES AND ELEVATIONS ARE REFERENCED TO THE FIVE °9 0 EASTERN TOWNS TOPO6RAPHYC MAPS . a, c!� c �A CERTPED TO• PETTE SATUR wxt-ER WEBSTFR aAI+R+r COMMONWEAL 774 LAND TIME INSURANCE COMPANY RH 97 Of59 `REA : 80.000 aq, ft. ` u.7DGTXAY QR AM TO 7TfS SUTVEY (S A VIQCA7A0N �TKW 9, Y(kIfC STATE FDIICA'TKWGAW AS LO r SEC7lgv YP09-Sl.ApYLgpy P. ALL CER7>`lCAy7�pyK9 AR! v�AgFOR 7H5 AARP AAD COHEs 7lEREOF ohCY F TiAIE ARJ { D SEAL OF & SURVEYOR 4 r�. kkiIr W A O 100 ° I +tet �r till q` el � N M �Q� 46. 04, C? 001 56 pow � 0� SURVEY OF PROPERTY AT CUTCHOGUE TOWN OF SOUTHOLD SUFFOLK COUNTY, NY 1000- 101-02-24.5 Scale: 1" = 50, Feb. 27, 1997 Mar 2G, /997 11well, I 'C -A, ) .June tG, 1917 (pW wo// / adn, vlmr,1 Y.S. LIC. NO. 49618 -0-OATS• ARE HOT IY CON'L!M EE — tAI r W- Alm S rr� a. mamA 11971 97-134 F COMPLAINT R�POR.T NAMEDATE ADDRESS aUU PRONE# HOW RECEIVED, TEL LOCATION OF O" J COMPLAINT NATURE OF CO MP LAI I --1-, ASSIGNED TO INSP. DATE REMARKS 0 ACTION TAKEN ��- FILE # (IF APPLICABLE) RE-INSP DATE MAII, IN PEIZSON ��- 1 3X0501 el c2sL- Suffolk County Planning Depamnent Dow April 28,1998 Fresew: -- -Stephen M. Jones, Chairman - — El= Zeh (Brookhaven) Anffiony Broad, Jr., (Huntington) William Rutko�kc (Islip) Charlie Scheer �At-Large) Dan Fricke' (At -Large) Albert Schmitt (At -Large) J*xVh Kruko%%Od (Southold) Albert Kilb, Jr. i(Shelter island) Lee Foster (Sot}thampton) Date Corwin (alt -Large) Roy Dragwtu% > sq,. Bureau Chief Municipal Svcs. Jacob Rottkamo (Riverhead) Betty Schmitt, S.C. Division of Real Estate Roy Fedelera, S.C. Dept. ofPtanning Abacar. Dick Ryan, Town of Southold Land Preservation Committee Paulette Satur Fred Lee -e+tuhony Caggiano X=wth R. Sokoto Brim Zltaai (B,, Mark Uweski I Runell Bamett Sitlrtey Kiker Q Teri AIIsr, S.C. Beawd Orlows William Saaok, Jenny Kohn, S.I Joaaph Gergela, ivision of Real Estate Jr. (At -Large) ornall Cooperative Ext=lve Dept. of Law 1 Farm Bureau roe regular rnectW6 of the Farmland Committee wa3 called to order by the Chai� Stephca .ones, at 6.00 p.m. in,* Arthur Kunz Libruy on the 4th Floor in the K. Lee Dennison Building, Hauppauge. N.X. Fred La (Sang lee Farm:)- Permission to Build GiYcahouses Mr. Lee is asking for approval to build two (2) additional greenhouses as veil as approval for the existing graenhoases. The new temporary greenhouses will be 30' by 196 hoop houses, cowied year round for vegetable owih. They are approximately 460' bade from the road. Mr. Lee would also Bice approval to build a farm stand close to the road. Towey Brand made motion to approire the fartastand, two (2) maw greerihousat, existing greenhouses, seconded by Jacob Rottkamp, subject to local regWations. Motion curried. Paulette Satur ikngquest was made fora greenhouse as proposed in a letter datr d -April 11''1999; A ,motion was atade to approve 'ttarthwestem location for a tmporeety 1preenhswse,-subject to moi . requirements, by Elmer Zeh and seconded by Nate Co - bf0ioa carried, deck �V"ott Held off until next meeting. No reprexntation or information available. Suffolk County Farmland I resfrvation Partnership Program ,Thai Suffolk County Exec. has receive+ funding from the Legislattare in rh=mber for the 11W SS -million for Tand Prcsorvatfort P&;uets19p, It is a 50.50 program where tate County an mak funds go firilser and some of the towns have been active with local mond issues to acquire development rights. The To" of$Oud=pton is requesting approval for prw=rship anungements for two (2) fauns which are subject to the approval of the Farmknd Corunittee. 'rine Town has submilied a resolution for their half of the pmmersWp which, will thea go to attic County Legislature. Lee Foster sug9w,. J swift action.' One of the parcels. Joshuia's Place (17.3 ;acres) has already been approved by thofCommitree and din: other is a 35.3 acro parcel which will The discussed later, The Town of Soutb/ ld is also inter+es* In teaming up with the County on the Pacutership Program. The County Executive has put is for awther $5 million for this year plus an increase from S 1.5 million up to $5 million for the annual ptiirchase of development rights. State and Federal Funds -Roy Fedekm states haat We will be getting another check for SLS d1lion fromthe State for dw fine amucation and they have lust received approval for 5759,000 for the second round. We should !be abla to apply for this in a few months. They have pun out a near RFP for the State and Federal funds which we will be pt*dng in applications. The State application is due June 3 and the Federal is due June 10. Steve Jones added that when they got tie letter baric from the State it was basically the list Hutt the Farmland Committee approved at the July and October meetings of last year, less the hose farts and a f* small, one acre farms. Roy Dragotta said the County Exec. is very serious about advaaacing Huse programs and is personally engaged in trail issue. Congrassmaa Forbes Is on the Appropriations Commitee, however in order to get appropriations. the program, has to be first authorized by the Congress. The current federal f4m- lands prol;mrn runs out the end of I Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD July 26, 2000 Paulette Satur Mueller 3705 Alvahs Lane Cutchogue, N.Y. 11935 Fax (516) 765-1823 Telephone (516) 765-1802 Re: Premises: 3705 Alvahs Lane, Cutchogue N.Y. Suff.Co Tax Map #1000-101-2-24.5 Dear Ms. Mueller: It has been brought to the attention of the.Building Department that plastic greenhouses have been erected without first obtaining a Building Permit. According to the Code of the Town of Southold a Building Permit is required before any construction can be undertaken. Please contact this office as soon as possible so this matter can be resolved. I thank you for your anticipated cooperation. GJF:gar (Cert. Mail) Respectfully, SO OLD TOWN BUILDING DEPT. Gary J Building Inspector TOWN OF 30OUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST. SUB. LOT _ ACR. REMARKS 0 J TYPE OF BLD. (c5l L 10,9124 C7a t) It// tie I er �Cu-'LC. 'C:Ro�C) ov PROP. CLASS n S4 n e - po LAND IMP. TOTAL DATE 6, c E; SZ)c) 7 ( 3 2- 3 50ro e0- 20 0 Iopo o'(000 FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL ,0,4,, .1411 11<.-7 t op(AEe 3/gg A - trmeurre,A . r..*gin .F•2 , (tension (tension x (tension Ation 0 28a 6 / z /3 = 216 reezeway J.IV t B. 3001 --- i i I it Z 13 Foundation Basement Ext. Walls Fire Place Driveway /00 /000 Driveway A) -r/— P.C. Bath C.B. FULL CRAWL Floors SLAB Interior Finish Heat woo dstove Attic Rooms 1st Floor Rooms 2nd Floor :J.3 TRIM Dinette Kit. L. R. D. R. /O_fDormer Driveway /00 /000 Driveway A) -r/— P.C. Bath C.B. FULL CRAWL Floors SLAB Interior Finish Heat woo dstove Attic Rooms 1st Floor Rooms 2nd Floor :J.3 TRIM Dinette Kit. L. R. D. R.