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Home My WebLink About7037 I CHECK BOXES AS COMPLETED ( ) Tape this form to outside of file tt ( Pull) ZBA copy of,ND ( ) Check file boxes for priors D n D O ( ) Assign next number on list; pi 0 CL Q outside of file folder •" N ( ) Date stamp entire original api o file number ( ) Hole punch entire original ap m v Co 4 �° (D w 0 (before sending to T.C.) �_ " � h -4 o u ( ) Create new index card `D °—a K cQ < ( ) Print contact info & tape to frc z o =in y ( ) Prepare transmittal to Town CI o a O 03 ( ) Send original application w/traC- o to Town Clerk 4 z ( ) Note inside file folder w/prior i ° < and tape to inside of folder (lo, o = ( ) Copy County Tax Map; highligh o Q neighbors and AG lots I 0- Make Make 7 copies and put with ea ( ) Do mailing label !r� I w i' { &,leg 130 79kCM o� 6,4 pq all or �TC2� (,CSC g-s pyo sek IS (lot col use Qr e3s� q,sc 9 � BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��9f $DU�� 53095 Main Road o P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes CA >c Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ® aQ 54375 Main Road(at Youngs Avenue) Nicholas Planamento 2.YcoU N Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RC�ElVC® Tel.(631)765-1809•Fax(631)765-9064 FINDINGS,DELIBERATIONS AND DETERMINATION dAY — $ 2017 MEETING OF MAY 4,2017 �. ntx& ZBA FILE: #7631,/Code Interpretation &rZ&, Town C(ed NAME OF APPLICANT: Southold Town Planning Board PROPERTY LOCATION: 1350 Alvahs Lane, Cutchogue NY SCTM No. 1000-102.4-6.1 PROPERTY FACTS/DESCRIPTION: The subject property is a 22.8 acre parcel in the Agricultural Conservation(AC) Zoning District that has had the development rights sold (hereinafter "DRS land") and located on the easterly side of Alvahs Lane in Cutchogue, and north of Main Road(NYS Route 25). Approximately 8 acres are in agricultural production as a vineyard. BASIS OF APPLICATION: The Southold Town Planning Board has requested that the Southold Town Zoning Board of Appeals make a determination, pursuant to Article XXVI, § 280-146 (D)(1) of the Town Code, as to whether the use set forth in the Site Plan Application of North Fork Viticultural Services, LLC (hereinafter"NFVS"), is a commercial use or contractor's yard, as opposed to an agricultural use, given that the applicant intends to build a barn that is proposed to store agricultural equipment that is used in their local vineyard management and consulting business. BACKGROUND: The Board of Appeals received a memorandum dated December 2, 2016 from the Chairman of the Southold Town Planning Board, on behalf of the Planning Board, related to a pending application in which the applicant,NFVS, was seeking site plan approval "for an 8,162 sq. ft. barn (7,142 sq. ft. footprint and 1,020 sq. ft. attic storage) proposed for agricultural equipment storage" on property located at 1350 Alvahs Lane in Cutchogue (hereinafter referred to as "the subject property"). The subject property is located in the AC Zoning District which allows certain agricultural operations and related accessory uses. Specifically, Section 280-13(A) (2) provides the following: The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: Page 2,May 4,2017 #709 iTown of Southold Planning Board—(NFVS,LLC,a.k.a Ackerman Barn) SCTM No. 1000-102.4-6.1 (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. (b) The keeping, breeding, raisin and training of horses, domestic animals and fowl (except ducks)l I on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic- covered) and other related structures,provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. Here, in its application,NFVS has stated that the proposed barn will not only be used to store equipment used on the subject property and other land leased and farmed by NFVS, but it will also store equipment that is used in the management of other vineyards that are not owned or leased by NFVS. PROJECT DESCRIPTION: NFVS has proposed an 8,162 sq. ft. equipment storage barn (7,142 sq. ft. footprint and 1,020 sq. ft. attic storage) on a 22.8 acre parcel of DRS land,that will store equipment used to maintain the eight acres of vineyard on the subject property,to farm other land leased by NFVS, and in NVFS' consulting business of managing other vineyards on the North Fork of Long Island. PUBLIC HEARING BEFORE THE BOARD OF APPEALS: On March 2, 2017, the Board held a public hearing to take testimony and other evidence related to the Planning Board's request for an interpretation as to whether the use as proposed by NFVS constituted a "commercial use or contractor's yard rather than an agricultural use." Several members of the public appeared and testified at the hearing. Initially, neither the principal of NFVS, William Ackerman, nor any other representative of NFVS were present at the hearing. Eventually, a representative of NFVS, Gwen Groocock, appeared and was heard. The board received wide ranging testimony from the public. Many of those testifying owned neighboring properties along Alvahs Lane. Much of the testimony focused on issues such as the impact the proposed use would have on the subject property; whether such activity was allowed on land where the development rights had been sold; the activities the property owner has undertaken since purchasing the property and the impact on the surrounding properties; the veracity of the statements made by Mr. Ackerman in his testimony before the Planning Board and in correspondence, and the size of the barn and whether a barn that size is appropriate and necessary to farm the subject property. Among those who testified was Abigail Wickham, a local attorney who does a significant amount of zoning work within the Town of Southold. Ms. Wickham opined that the proposed use is not allowed in the AC zoning district under Section 280-13 of the Town Code on the grounds that although Section 280-13 does allow barns and Page 3,May 4,2017 #7037 Town of Southold Planning Board—(NFVS,LLC, aka Ackerman Barn) SCTM No. 1000-102.4-6.1 storage buildings, they are listed under the umbrella of an agricultural use on the property. Here the proposed use contemplates storage of equipment used in a commercial enterprise to service and support other people's vineyards. As stated above, Gwen Groocock appeared on behalf of NFVS. Ms. Groocock stated that NFVS intends to farm the entire parcel in that, in addition to the 8 acres in grape production, the rest of the parcel will be used as a pasture for livestock. She went on to state that the same equipment that is used to service other people's vineyards is also used to tend to their vineyard. Ms. Groocock described in depth the operations of NFVS; including that they lease land where they grow grapes, that they manage the vineyards for certain wineries and simply act as a consultant for others. She explained the number of employees, and where the equipment is stored during the season, among other things. At the close of testimony, the Board left the hearing open for written comments until March 16, 2017. WRITTEN DOCUMENTATION: After the hearing the Board received additional letters of support and opposition from the public which, for the most part, mirrored the testimony given at the public hearing. The Board also received additional written correspondence from NFVS principal William Ackerman, stating that no equipment used in its management business would be stored in the proposed barn. This letter is in direct conflict with Mr. Ackerman's previous testimony before the Planning Board, as well as written correspondence to the Planning Board and to this Board. Ultimately, this statement is irrelevant as to the Board's determination because the matter before the Board is to make an interpretation as to the use as applied for to the Planning Board. FINDINGS OF FACT/REASONS FOR BOARD ACTION 1. The limited issue before this Board is the Planning Board's request for a determination as to whether the use as proposed"is a commercial use or contractor's yard rather than an agricultural use." Since the subject property is located in the AC zoning district, the only issue for the Board to decide is whether the proposed use is allowed under Section 280- 13 of the Town Code as a principle or accessory use to agricultural production. 2. Much of the testimony and written comments submitted to the Board focused on whether the proposed use was allowed pursuant to the Deed of Development Rights which transferred the development rights for the subject parcel to the Town of Southold. That deed states that the only allowed use of the property is agricultural production as defined by what was then Chapter 25 of the Town Code. The successor to Chapter 25 is Chapter 70 of the Town Code. The Board is charged with and has jurisdiction to interpret and make determinations under Chapter 280 of the Town Code. Therefore the Board is without jurisdiction to make a determination as to whether or not the proposed use meets the definition of"Agricultural Production"under a chapter within the Town Code other than Chapter 280. Page 4,May 4,2017 #703"7 Town of Southold Planning Board—(NFVS,LLC, a.k.a Ackerman Barn) SCTM No. 1000-102.4-6.1 3. The Board received substantial testimony and written comment about the impact the proposed use would have on the subject property and surrounding properties; whether such activity was allowed on land where the development rights had been sold; the veracity of the statements made by Mr. Ackerman in his testimony before the Planning Board and in correspondence, and the size of the proposed barn and whether the proposed 8,162 sq. ft. barn is an appropriate and necessary size for the subject property. If Mr. Ackerman was seeking a variance or a special exception permit before this Board, or a site plan approval before the Planning Board, those issues would be relevant and important considerations. However, they are simply not relevant to the limited issue currently before the Board of Appeals. 4. In addition, the testimony and written comments on behalf of NFVS is largely irrelevant. There was much testimony regarding the farm operations on the subject property. Since agricultural operations are an allowed use in the zone district in which the subject parcel is located, the proposed uses as a vineyard and pasture for raising cattle are allowed. However, the issue before this Board is whether the storage of equipment on the subject property, to be used in a commercial business managing other people's vineyards, is an allowed use and/or accessory use. As stated above, in one of his correspondence, Mr. Ackerman stated that the equipment stored at the property would only be used for the subject property and equipment used to manage other vineyards would be stored elsewhere. This correspondence is contrary to the application to the Planning Board, and to Mr. Ackerman's testimony and other written correspondence as well as the representative of NFVS who testified at the public hearing. Although the Board questions the veracity of the statement by Mr. Ackerman, it is ultimately irrelevant to the Board's decision because the question before the Board is to decide whether the equipment storage is an allowed use as proposed in the application to the Planning Board. 5. As set forth above, Section 280-13 (a)(2) states that allowed uses in the AC zoning district include: ... agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertilizer or other odor- or dust producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. bb) The keeping, breeding, raisin and training of horses, domestic animals and fowl (except ducks)L on lots of 10 acres or more. Barns, storage buildings, greenhouses (including plastic- covered) and other related structures,provided that such buildings shall conform to the yard requirements for principal buildings. Page 5,May 4,2017 #703-7 Town of Southold Planning Board—(NFVS,LLC,a.k.a Ackerman Barn) SCTM No. 1000-102.4-6.1 (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. The Board finds that the purpose of Subsection(c) is to allow barns and storage buildings as an accessory use to the allowed uses in Subsection (a) and (b), namely the raising of field and garden crops, vineyard and orchard farming, and the keeping and breeding, raising and training of horses, domestic animals and fowl. 6. The Board finds that since, in its application to the Planning Board,NFVS states that the purpose of the proposed barn is to store equipment that is used in a commercial business that maintains other people's vineyards, the use as proposed is not an allowed use in the AC zoning district pursuant to Section 280-13 (A) (2) of the Town Code. Section 280-146 D)(1) of the Town Code states that the Zoning Board of Appeals may determine the meaning of any provision contained in Chapter 280 upon the request of any Town officer, board or agency. Therefore, the Board finds that,pursuant to Section 280-146(D)(1),the Board has jurisdiction to make the interpretation requested by the Planning Board as to whether the use proposed by NFVS is an allowed use under Section 280-13 of the Town Code. RESOLUTION OF THE BOARD: In considering all of the above factors, motion was offered by Member Weisman (Chairperson), seconded by Member Goehringer, and duly carried to determine that: THE USE AS PROPOSED BY NFVS TO ERECT A BARN FOR THE STORAGE OF EQUIPMENT USED IN A BUSINESS WHEREIN NFVS MANAGES VINEYARDS UNRELATED TO THE AGIRCULTURAL OPERATION ON THE SUBJECT PROPERTY, IS NOT AN ALLOWED USE OR ACCESSORY USE, PURSUANT TO SECTION 280-13(A)(2) OF THE TOWN CODE OF THE TOWN OF SOUTHOLD. Vote of the Board: Ayes: Members Weisman (Chairperson), Dante, Goehringer and Planamento (Member Acampora abstained). This Resolution was duly adopted (4-0). j L� Leslie Kanes Weisman, Chairperson Approved for filing / /2017 MAILING ADDRESS: PLANNING BOARD MEMBERS �"Jf $®Ujy® _ P.O.Box 1179 DONALD J.WILCENSKI �O l® Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY ® �®� 54375 State Route 25 JAMES H.RICH III ®!�i (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR 'ro 1',� Southold,NY Teleph9ne: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD � �fl qT T®E� © 2 206 D MEMORANDUM To: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals RECEIVED From: Donald J. Wilcenski, Chairman ®� DEC 21 2016 Members-of the Planning Board ZONING BOARD OF APPEALS Date: December 2, 2016 Re: Interpretation of Proposed Use of Barn Proposed Amended Site Plan for Ackermann Agricultural Barn Located at 1350 Alvahs Lane, Cutchogue SCTM#1000-102-4-6.1 Zoning District: AC The Planning Board is currently reviewing a Site Plan Application, referenced above, for an 8,162 sq. ft. barn (7,142 sq. ft. footprint and 1,020 sq. ft. attic storage) proposed for agricultural equipment storage. The fact that the barn is located on land on which the Town owns development rights for agricultural uses has raised the question of what qualifies as agricultural storage. In this case, the applicant states that the large size-of the barn is required to store their vineyard management equipment, and that their business is to manage hundreds of acres of vineyard located elsewhere. They also state that the amount of equipment they need to store would be the same to manage only the 8-acre.vineyard on the subject property. The Planning Board is requesting an interpretation of the use of this barn as a base of operations for a business that manages vineyards in other locations in addition to the eight acres of vines on this property. During the Public Hearing, it was questioned whether the use for this building is a commercial use or contractors yard rather than an- agricultural nagricultural use, given that the business model is based on managing vineyards that are not owned by the applicant. Ackermann Agricultural 6arii Page 2 December 2, 2016 The applicant has provided information regarding the equipment they propose to store here, and included a schematic to demonstrate the need for the size of the barn. See attached. All information pertaining to this application can be found in Laserfiche and Municity. Please let us know if you need any additional information. Thank you for your attention to this matter. Encls. Site Plan Site Plan Application Schematic (showing storage of equipment) First and Second Floor Plans William C. Ackerman and Planning Board Correspondence RECEIVED DEC 2 120% ZONING BOARD OF APP5ALS 51TE PLAN BA5ED ON ORIGINAL SURVEY BY: ': .c,•' ' Y \-3 JOHN G.FREERS,LAND SURVEYOR, :�,�- Z4Cy 25 NY5 LIG No.502026 EAST MAIN 5TREET RIVERHEAD,NY IIg01 ,�020 5URVEYED: JUNE 201420\ 30 2 \ 1 TOPO PROVIDED BY: F TOPOGRAPHIC MAP-FIVE EA5TERN TOWN5 ��Lq Cuichogue Station / CREATED BY: LOGKWOOD,KE55LER AND Ss r 1 mea \ BARTLETT,ING. DATED: Ob-12--5 °e z ' ti� SHEET 66-55 o � eO q t F a, I �` a6 \ VERT[ ALUM: MEAN 5EA LEVEL OF Ig2q �'y�•y4 I I ��o''l'"s. l ternlle �k00 �i��, - O x215' mss APPLIGANTg)OWNER: �,� culcho ue C' �9oLOGATIO `y I Tr WILLIAM A KERMANN Floets Nock lu Plt Lake �Cq <Mersh Polnf Z I .ate 1 ��°P � ° 35 I I % MITI*• \ KEY MAP 30_ �a NOT TO 5GALE � 25\ °r. aAx I \ NOTES EQUIPMENT 5TORAGE AND WAREHOUSE STRUCTURE BY OTHERS fa 5EE K15TLER FOR INFORMATION. NOTE TO CONTRAGTOR: / ER05ION AND 5ED(MENT GONTROL5 SPECIFIED ON THI5 DRAWING oasnW, II /-o�0 M115T BE PROVIDED. ALL SILT GENERATED BY THE PROP05ED 0p"Flskr DEVELOPMENT 5HALL BE CONTAINED ON 51TE. 30 25 � r),\� I I 9j 6� EXWW W31, T� • 'I$�_r IBAk � \ 6�� FOR MISATION RRP056 Cf1Y b. 1 'q NO ST JN HIR R1RYf-F,NO I \ �sy sb \ � cartaN-art IUAv /I MORM\ RUM No HA76� vev opm,t�R1¢�s /25 x2 o FAH.=IBD' // \ \ Tam of 5oullr(d \ / EXISTIN x170' f 22BII krm 30 � -' ,I xosT�H� � •rte UTIL POL \ racarta 25 •�ReH• \$� l T�� 20 NO N57FW NYt1I►�tt ARIOFF, ja �C/q/fTat�BfT/ uxw ASF T CO FDR 2/1�1'r�Iie MMM6 � S, As9+a_T covet i '.fi / TYPICAL OF 2 • ° ,/. T e r �o 11Bux`36, 25 vol ., Q i 20 gyp; oo`l� e�jF `25-- \� l*3 a� o o� SITE FLAN x2,5 160 80 O 160 320 480 640 FOR WORK IN THIS AREA: GRAPHIC SCALE I" = 160-o" SEE 'ENLARGED PLAN' - PROPOSED BUILDING AND'STORM DI .kIINAGE (THIS DWG), SEE 'PR POSED LIGHTING PLAN', SEE DWG No.2 PROP05ED 51TE PLAN: 51TUATED AT: 5UFFOLK GOUNTY,NEW YORK ALVAH'S LANE GUTGHOGUE,NY 5.G.T.M# 600-81-01-20.5 TOWN OF SOUTHOLD 51TE AREA: fgg3k57.82 sq.ft.022.81 AG.) COVERAGE GALGULATION5: EXISTING PROPOSED RECE E97 I AND V2.STY FR BLDG VAGANT 1,142 S.F. l TOTAL BUILDING AREA: 1,142 5.F. JAN 4 2017 LOT COVERAGE: ZONING BOARD OF APPEALS BUTHEREILDING ARE E DEFINED REA STATED IN EXISTING: 0.00% (0.0 5F) THE DEVELOPMENT RIGHTS PROP05ED: 0.l ibb%(1,142 5F) DOCUMENT ENSI"E' OVERALL SITE PLAN FOR: PAGE: AGKERMANN PROPERLY ALVAH'S LANE CUTCHOGUE, NY JEFFREY T. BUTLER,P.E.,P.C. S.C.T.M. No. 1000-102-46.1 P.O.BOX 634 COUNTY OF 5UFFOLK TOWN OF 5OUTHOLD SKI 5HOREHAM,NEW YORK 11786 TEL.: 631.208.8850 FAX: 631.121.8033 JOB No: 14003CIB DRAWN BY: RAG I Of 6 JEFFREY T.euTLER,P.E. DATE: 01-12-2016 APPROVED BY: JTB I I i k ' I EXI5TING WELL TO REMAIN ` L�e APP X. 102 .F. 61 G) (FOR IRRIGATION PURPOSES ONLY) 'Lp y`�^9 7z� / EX15TINO METER AND PANEL TO BE RELOGATEZD \ AN w MAI VEHI�-E PATH I \ ecce + To �6�7I v\ 50RFf,GE: BARE 501L g RUNOFF C,OEFFIGIENT= 0.0, 1 NO 5TORMWATER CONTAINMENT 5TRUGTURE-5 REQUIRED \o J TL AREA: 1,812 5.F. I U m / 1 41 AARo DIRT `moo / PROP. MAINTENANCE VB•IIGLE MANla1 MI146 AREA: O 5URFAGE: BARE 501L t- \ / AGE RUNOFF COEFFIGIENT= 0 0, tN- liy� NO 5TORMWATER CONTAINMENT 5TRZ URE5 REQUIRED TL AREA: 13,951 5.F. / pi DIRT `- �}O Q /e �, 5URFAGE PROPO2I ANDNS' STY M BUILDIN6 F-+ X�.U- \ U5E: EQUIPMENT 5T G � z E AND WAREHOU5E m p \ ro `� o AREA=1,142 50.FY. pQ 0 3f d) 1 0 F.FL.EL. = I8A' Q co \ / � b F EXISTING fir'?\ �/��• �s' � �L (DRY USE-NO \ oo U/6 ELEGTRIGAL N 5ERVIGE(TO REMAIN) ° DRAINAGE INLET OTEG N 's ��r 2j CL (TYP w 0 (TYP OF 3,5EE DETAIL DWG N \'\so y �—EX.VINEYARD FENCE C O,Qt� opo o� TO REMAIN vVIRT ENGINEER: ? � SURFACE \� ,\�� 3' 5ETBAGK FROM EX. E TO fis Q — �' � I A�,o�° �$ to \ INSTALL SILT FENGE BAR A5 5HOWN DRIVEWAY SWEEP (TYP OF 'lc0'O boq \� 2J'g\ o c� \ (SEE DETAIL,DWG N0.2) In + PROPOSED SA o`+ �� ' EX15T. E.O.P. WILL PROVIDE A UNIFOR t� F� , -�D2�S I �P9 `''os �G?IRGE INTERGONNEGTION W/NEW CURB GUT THA F �� WILL NOT INTERFERE WITH EXI5TING oA + I .I JEFFREY T.BUTLER,P.E. STORM WATER FLOW ALONG THE GUTTER EX15TING LINE. MAINTAIN VALLEY GUTTER UTIL POLE LINE'/ SYMBOL LEOEND DIRT O N+ 5�'I" ° / V D SURFACE PROPERTY LINE � ",5D3 �• � ��NO � � SETBACK LINE Al. N � p EXI5TING TO BE Q 'Y�� I W z V p0 Q REMOVED/RELOCATED ............................. - o, p, ° Z IN B �cc, \so RD F PP L5 �% F T z° m WATER rtW mos Qac n o 5ANITARY SEWER x ® e, c PSTMM J�o V$~ 5TORM DRAINAGE =sv 5D sv= J\ T I J� Ic �`�� + (DEDICATED TO LDI RO OFF >d1 ° FENGE PARTIAL �I�'(L �I �c� INSTALL: 3 - (pxl DP .P. TL 15 WG a 51LT FENGE 51 I E FLAN (5DI,51:)2 5D3,50 , 1 NEG A5 HO z EXI5TING CONTOUR BETWEEN EX. O. . A PPP INE HA B EXISTING GRADE xb.0 40 20 O 40 80 120 Ib0 GON5TRUGTED PH T, E T N PAOE: GRAPHIG 5GALE 1" = 40'-0" HIGHWAY PAVING PEGIFIG TI S IS WG. A FINISHED FLOOR ELEVATION F.FL.EL. = 9 >. ELEVA: SKI TEST HOLE � I. ELEVATIONS ARE REFERENCED TO FIVE EASTERN TOWNS TOPOGRAPHICAL MAP \ / EXISTING ELEVATIONS ARE SHOWN THUS: 250 X EXISTING GONTOUR LINES ARE 5HOWN THUS: 25 ��0�• 2 of 6 c FINE GRADE GAST IRON FRAME AND GRATE/GOVER � 5TORM DRA�INACE GA�LG: CAMPBELL 102 G OR APPROVED EQUAL 2kz°BINDER COURSE FINAL GRADE VOLUME = AREA x RAINFALL x GOEFFIGIENT PROP05ED BUILDING = 5,518 5Q.FT. _T/;�- ��, 1:_;`_ TK 8°TRAFFIC RAINFALL = 2"/HR = 0.167' COMPACTED BASE COURSE-3/a STONE BLEND OR CRUSHED G�: 4°PIP ———— ——— 6 S� GOEFFIGIENT OF ROOF = L0 iI%MIN PIPE: v HIGH DENSITY I I APPLICABLE) STORM DRAINAGE 5Y5TEM POLYETHYLENE(HDPE) � � ® (PROPOSED STRUCTURES ARE DEDICATED TO 51ZE5 REQUIRED: @ ® 1 ROOF RUNOFF ONLY) PAVEMENT SECTION (MINIMUM THICKNESS) DRN INLET TO SD CONN=10'm � Q I 1,142 5.F.X 0.16.1' X 1.0 = 1,193 GU.FT. SD TO 5D CONN=15'P MINROOF LDR CONN=4Q MINVOLUME REQUIRED = 1,163 GU.FT.ASPHALT CONCRETE2 I/2" � USE: m BINDER COURSE 3'MIN. I ® � ® ® ® 1 Q" m COMPACTED BASE FINE GRADE L11 gi ® 1WRAP STRUCTURES WITH (3) 8 0 X 10 DP LEAGHING POOL �COURSE 4 @ o '� ® 1 VOLUME PROVIDED = 1,261 CU.FT.� — ® FILTER FABRIG 05E � r r. 3/4" STONE BLEND OR I 6EOTEX 351,BY CRUSHED CONCRETE PR�w NOTE TO CONTRACTOR: ai ® ® ® ® ® 1 DRAINAGE IN5PEGTION5 ARE REQUIRED AT THE I® ® ® ® ® I TIME OF GON5TRUGTION. NOTIFY THE TOWN I® ® ® ® ® I T�OY�I1N 1tH I C HNAY SPEG I F I GAT I ON I® ® ® ® ® 1 ENGINEER PRIOR TO BAGKFILLIN6. p�Z p f"�CJ" PHALT I TEST HOLE o 3 NOT TO SCALE 1 NON-RATEABLE BY: McDONALD CEOSGIENGE �; a z d) 8 DIAMETER 501L BOX 1000 SOUTHOLD,N.Y.11411 p N 631-165-36T1rN GROUND WATER DATE: JULY 16,2014 w p m CGOLLAR MATERIAL b"`M—IN. 6FADE a 21.0' (PENETRATIOW 6ROI1NtD LEVE.0' w RATABLE SOIL MIXED SAND d LOAM w EL.205' 05'BELOW GRADE ti UNDERLYING SAND AND 6RAVEL STRATA SROM AND PALE 13ROM FINE To EN61REER: NOTES: MEDIUM 5ANQD I.DOLLAR DEPTH 15 NOT REQUIRED WHEN RATABLE MATERIAL EXISTS FOR FULL DEPTH. (5P) 2.DOLLAR MATERIAL SHALL BE GLEAN GRAVEL ONLY. 3� 3.ALL DRAINA6E 5TRUGTURE5 MUST BE WRAPPED WITH FILTER FABRIC. r 4.115E 15'DIA CORRUGATED HIGH DENSITY POLYETHYLENE(HDPE)HEAVY DUTY PIPE FOR INERGONNECTION OF E-bb' 14.4'BEAK 6RADE ON-51TE STORM KATER LFAGHIN6 POOLS RECEIVED KATER IN PALE A.HDPE PIPE 5PEGIFIGATION(AA5HT0 M-244) BROWN FINE TO B.INSTALLATION OF HDPE SPEGIFIGATION(A5TM 0-2321) JAN ry MEDIUM SAND(5P) SEPARATION DISTANCE REQUIREMENTS FOR G.WATERTIGHT JOINT TESTING 5PECIFICATION(ASTM 0-3212) L 97 EL.4A' nA'BE.OK GRADE 5TORMWATER LEAGHIN6 5TRUGTURE5 AND D.CASKET 5PEGIFIGATION(ASTM F-4?7) PIPING (OTHER THAN RE5IDENTIAL): GROUNDWATER ENGOUNTERED JEFFREY T.Bl1TLER,P.E. HORIZONTAL SEPARATION D15TMGB FOR STORM DRAINAGE TYPICAL STORM WATER ZONING BOARD OF a!''EALS 14.4'BELOW SURFACE LEACHING POOLS: LEAtGH I NCS POOL (50) DETA I L 9 PROPERTY LINE= 10'MINIMUM 13UILDIN65 WITH GELL4R= 10'MINIMUM NOT TO SCALE ZONING INFORMATION: 6UILDIN65 ON SLAB= l0'MINIMUM A6RIGULTURAL GON5ERVATION'A-G': z WATER 5ERVIGE LINEMTERAL5/MAIN5=10'MINIMUM LOT AREA: 80,000 5Q.FT.MIN. m UNDERGROl1ND UTILITIES=5'MINIMUMEXI5TIN6: 493,651.62 SOFT.(22.6IAG) www.dignetnycli.com p4 O N 5ANITARY SEPTIG TANK=20'MINIMUMPROP05ED: NO CHANGE SANITARY LEAGHIN6 POOL=20'MINIMUM Of NEW YORK CITY °r ° o 6REASE TRAP=20'MINIMUM www 1 com LOT WIDTH;115 FT MIN. O ~ PUMP STATION=20'MINIMUM DygNet &LONG ISLAND (for otCherher states) EXISTING: 602.63 FT z v O Q MANHOLE=20'MINIMUM PRDP05ED: NO GHANGE PRIVATE WELLS=50'MINIMUM 800-272-4480 811 ° RETAININ6 WALL5=10'MINIMUM LOT DEPTH;250 FT MIN. FRONT YARD SETBACK;60'MIN W lY Z O FUEL 5TORASE TANKS(BELOW 6ROUND)=20 MINIMUM EXISTING: X52.51 FT Q I I O p c4 : EXISTING: WA-VACANT Y- o PROPOSED: NO GHANGE PROPOSED: 60.0' Q?q O HORIZONTAL SEPARATION DISTANGE5 FOR STORM DRAINA6E By law,excavators and contractors working in the For safety reasons, homeowners are strongly NON-LEAGHIN6 5TRUGTURE5: five boroughs of New York City and Nassau and encouraged to call as well when planning any LIVABLE FLOOR AREA: 850 S.F. 51DE YARD SETBACK: 20'MIN y WATER 5ERVIGE LINE5MTERAL.5/MAIN5=5'MINIMUM Suffolk Counties on Long Island must contact type of digging on their property Homeowners (5.F.PER DWELLING UNIT) EXI5TIN6: WA-VAGANT o UNDERGROUND UTILITIES=5'MINIMUM DigNet, 1-800-272-4480 or 811,at least 48 hours can contact us directly at 1-800-272-4480 or by EXISTING: WA PROPOSED: 2286 z 6REA5E TRAP=5'MINIMUM but no more than 10 working days(excluding calling 811,the national call before you dig PROPOSED: WA o p Q PUMP STATION=5'MINIMUM51DE YARD 5ETBAGK CUMULATIVE: MANHOLE=5'MINIMU UM weekends and legal holidays)prior to beginning number For excavation work completed on BUILDING HEIGHT;35'MAX. 45'MIN any mechanized digging or excavation work to personal property, it is the contractor's SANITARY 5EPT16 TANK=5 MINIMUM EXI5TING: WA-VAGANT EXI5TIN6: WA-VACANT ensure underground lines are marked. responsibility--NOT the homeowner's--to contact P C7 Excavators and contractors can also submit DigNet.Having utility lines marked prior to PROPOSED' 21:15' PROP05EM 4195 VERTIGAL SEPARATION 015TANGE5 FOR STORM DRAINAGE locate requests online,through ITIC. If you do not digging is free of charge. STORIES;21"2 MAX. REAR YARD SETBACK:15'MIN SK 1 LINES: currently use ITIC,please call 1-800-524-7603 EXISTING: WA-VACANT EXI5TIN6: WA-VACANT WATER SERVICE LINES= 18"MINIMUM for more information. SANITARY WASTE LINES= IV MINIMUM PROPOSED: I AND U4 STY PROPOSED: 610.6' 5of6 0D0.0 OA 00 00 OD 00 � �� 00 0060 OD 00 0D °o 00 OD OD 00 �e OD oD do 00 bJ bJ b1 b I b 1 OD OD 00 bl dA b1 b1 02 02 ' b1 b1 Oo ��. Twin 75 Watt Quartz Bullet floods come pre-assembled and pre-wired -0 0dD bJ 62 3 03 04 03 03 ' b1 do dD - on C103 Mounting plate. Lamps supplied S OD bJ 3 04 Ob 09 O7 & 03 02 O O° ��'O OD 00 04 05 13 h r4 09 65 63 01 'o 00 Lamp Info Ballast Info dD 62 dq 13 3b '1B ib db os 61 OD D Type. T-4 - Type NIA OD 02 8 21 •I I d5 61 OD * D bD 01 � d2 Watts' 75W 120V: N/A 3 rq ID O5 62 OD OD OD •O OD OA OA OD Shape/Size N/A 208V: N/A U 00 OD •09 bb 64 62 dJ 00 OD O do OD 00 OD Base' N/A 240V. N/A i1 m OA O 0A 01 01 01 bD OD 1 OA O 00 OI 02 03 04 02 OD O 04 03 d2 dJ o0 o0 0o o0 00 00 OD o 00 ANSI' _ N/A 277V' N/A 00 0A I 02 03 04 o5 0q 02 I bJ ob 00 OD O.O OD ob .b o OD 0 60 Hours' 1,500 Input Watts. 75W1- 0 o0 ob dJ dJ d1 d dJ o' 0.. 00 a �r oD oA ' o2 03 ob r3 r31B 1 Lamp Lumens 1,500 Efficiency' 100% 00 O° *j 02 04 09 rl 39 'I OJ 02 02 02 02 O dl O.O O O OD OD OD J 02 03 0l r4 TB 42 2 .2 02 04 0 04 03 0 61 O:O D 00 Efficacy 20 LPW w m 0A 0 OJ 02 03 OS o9 Tb 1i rq o 3 O6 1 6 O5 03 0 00 00 OD D Technical Specifications 00 OA OJ 02 03 OS 09 rl rD bb B rl 09 d5 03 oD OD O ED rL (2) QUARTZ DUAL BULLET KIT C5 Z o° 0D 0J OJ 02 03 05 O5 05 04 d I 11 250b 13 di 53 dJ ° OD °D UL Listing: Z 0D 0D 0D OI OJ of 02 02 02 0 AT�.Ob 09 Ob 03 dl 0D O O° MODEL No. QB2B 3 d) . oUNTING HEIGHT - 13.5' ABV GRADE Suitable for wet locations. Suitable for mounting within � �� 0A bD oA oD oA DA 01 0J 0J D I d5 d2 61 OD dO D' ° DD - 1.2m 4ft of the round. 0A 0A 0D bD bo OA oD OD oD PROPOSE L GATED ABOVE DRIVE THRU 5LIDING DOORS ) g ' __( 1 AND W STY FR SL06 d2 b1 ob do OD o0 0 Oo _ 0A o° bo 0A 0A 0A 0A OD 00 F.FLa.=IBA' 3. *.o bo bo oo bD of 02 I 61 do 00 61 61 61 oD ob Housing: oD'D 0D bD 01 0.2 02 d1 dJ d2 d2 62 d1 DD DD D Precision die cast aluminum, 1/2" NPS threaded arm w OA 'D bD 0J 02 04 bh 0 02 d3 03 04 OD 02 d2 '1 bJ O 00 2 with locking swivel and EZ Grip lock nut fits all standard W OA �p•p OJ 02 OS rD 23 71 63 d4 Ob 69 on 63 03 02 ' 00 O 66 ~� o mounting covers. OA 00'OY� I 02 04 09 r1 15 Ob OS 13 IS 69 01 65 d3 02 •I O.O O OA 0o 00 bA�� 03 05 09 r3 Ti O 13 23 Il 14 dq O5 d3 01 OD o0 ENGINEER: Sb Lens Gasket: 00 0A bD 02 b5 Ob Ti 04 Ob° I'D9 Ib Ib Ob d5 dl D OD OA ti ® High'temperature silicone gasket stays in place during oo OD bD b * 02 03 03 03 02 02 1 ®d2 2J IJ OS 02 .O OD OD OD oD oD oD b�` bo o1 01 o1 of oD relamping. 03 14 l0 OS 02 OJ OD OA OA OD bD OD 00 bD bo bD OA OI 62 d9 dq Ob 64 O OJ OA OD bo bo oA bo •o oA oD oA bo 01 b o3 Reflector: OA 0A 0D O 00 OA 00 OI 02 03 04 0 OD OD 02 04 04 03 02 OI O.O O.0 00 OA O OA OA OI 02 03 Ob '13 •I DOD dD dJ dJ d1 d0 Do OD Semi-specular anodized aluminum. OA OA •A 00 OJ 02 04 Ol •IS 2 3Jjb0D OD OD OD OD OD O.O OD OA OD OD o0 oo 09 'll 02 bD dD OD dp dD Sockets: JEFFREY T.BUTLER,P.E. 0 0A bJ o2 03 oq 14 17 42 23 oq 02 bo o° (4) QU TZ DUAL BULLET KIT Porcelain bi-pin GY 8 base with gold plated contacts S ° bD o1 02 03 05 0q rb 21 rq 0q 04 0D oD MtTINO L No. QB26 and 250° C socket wires. p / oA oD o1 02 03 05 ob rl rD oe 04 01 HEIGHT = &' ABV GRAD 5 `( 00 00 01 OJ 02 03 O5 OS 05 04 '03 bDLens• Z 0° 0A 0A OJ OJ OJ 02 02 02 OJ 0D • Thick, tempered glass. oD 0D bD 0D oD 0D 01 of oD 0D �,, '�• /(��v OA 0D 00 • D OD OA 0A OD 0A bo 0° OD 0A 0D OD OD Finish: E-4 op—, Q bD 0D 0D oD b0 Our environmentally friendly polyester powder coatings �00 A OD 0° Cn are formulated for high-durability and long-lasting color, Z O Q °D and contains no VOC or toxic heavy metals. X< Z Y o Replacement Lamps: _Vf o ° ry Installation: Twin 75w Flood Kit pre-assembled on C103 plate for easy installation. S o 0 RECBIVLD Patents: PAGE: ENLA'F2C ED PLAN JAN 4 2017 RAB sensor and fixture designs are protected under PR3(`/P05E0 EXTERIOR LI6HT1N& -70NTNG BOARD pp U.S. and International Intellectual Property laws. SKI SGALE: I" = 30'-0" _q�o�,gR.S 4 of 6 RAB NOTES: THE LIGHT L055 FAGTOR(LLF) 15 A PRODUGT OF MANY VARIABLE5,ONLY LAMP LUMEN DEPRECIATION (LLD) HA5 BEEN APPLIED TO THE CALCULATED RESULTS UNLESS OTHERWISE NOTED. THE LLD 15 THE RE5ULT(QUOTIENT) OF MEAN LUMENS / INITIAL LUMENS PER LAMP MANUFAGTURER'S 5PEGIFIGATION5. # ILLUMINATION VALUE5 5HOWN (IN FOOTGANDLE5) ARE THE U PREDIGTED RE5ULT5 FOR PLANES OF GALGULATION EITHER m HORIZONTAL,VERTIGAL OR INGLINED A5 DE516NATED IN THE a o GALGULATION SUMMARY. METER ORIENTATION 15 NORMAL TO THE W do- PLANE OF CALCULATION. a THE CALCULATED RE5ULT5 OF THI5 LIGHTING 51MULATION pl, REPRE5ENT5 AND ANTIGIPATED PREDIGTION OF 5Y5TEM w m o PERFORMANCE. AGTUAL MEASURED RE5ULT5 MAY VARY FROM _ E.._, X: THE ANTIGIPATED PERFORMANCE AND ARE 5UBJEGT TO MEAN5Co z o AND METHOD5 WHIGH ARE BEYOND THE GONTROL OF RAB = +n LIGHTING, ING. E--; 0 # MOUNTING HEIGHT'DETERMINATION 15 JOB SITE 5PEGIFIG,OUR LIGHTING 51MULATION5 A55UME A MOUNTING HEIGHT (INSERTION POINT OF THE LUMINAIRE SYMBOL) TO BE TAKEN AT THE TOP OF Gw THE SYMBOL FOR GEILING MOUNTED LUMINARIE5 AND AT THE BOTTOM OF THE 5YMB0L FOR ALL OTHER LUMINAIRE MOUNTING GONFIGURATION5. EN61NEER: # RAB LIGHTING, ING. LUMINAIRE AND PRODUCT DE516145 ARE PROTEGTED UNDER U.5. AND INTERNATIONAL INTELLECTUAL PROPERTY LAW5. PATENTS 1550ED OR PENDING APPLY. THE LIGHTING ANALY515, EZ-LAYOUT,ENERGY ANALY515 AND /OR V15UAL 51MULATION5 ("LIGHTING DE51GN"9 PROVIDED BY RAB LIGHTING, ING. CRAB-) REPRE5ENT5 AND ANTICIPATED PREDIGTION OF Luminaire Location Summar LIGHTING 5Y5TEM PERFORMANGE BASED UPON DE516N PARAMETERS AND INFORMATION PROVIDED BY y OTHERS. THESE DE516N PARAMETER5 AND INFORMATION PROVIDED BY OTHERS HAVE NOT BEEN FIELD LumNo Ta (Qt ) Label Mtg Ht Orient Tilt VERIFIED BY RAB AND THEREFORE AGTUAL MEA5URED RE5ULT5 MAY VARY FROM THE ACTUAL FIELD JEFFREY T.BUTLER,P.E. Al (2) Q626 8 226.08 60 GONDITION5. RAB REGOMMEND5 THAT DE516N PARAMETERS AND OTHER INFORMATION BE FIELD VERIFIED THE REDUCE VARIATION. ' Q 2 A2 {2) QB23 13.5 223.01 60 RAB NEITHER WARRANTEE5, EITHER IMPLIED OR STATED WITH REGARD TO ACTUAL MEASURED L16HT LEVELS OR ENERGY GON5UMPTION LEVEL5 A5 COMPARED TO TH05E ILLU5TRATED BY THE LIGHTING z 3 Al (2) 013213 8 226.08 60 DE516N. RAB NEITHER WARRANTEE5, EITHER IMPLIED OR STATED, NOR REPRE5ENT5 THE 4 Al (2) QB2B 8 226.08 60 lu APPROPRIATENE55, GOMPLETENE55 OR 5UITABILITY OF THE LIGHTING DESIGN INTENT A5 COMPLIANT ��im�/E® I Oma' o WITH ANY AP,PLIGABLE REGULATORY CODE REQUIREMENTS WITH THE EXGEPTION OF TH05E N O 5 A2 (2) 0628 13.5 223.01 60 5PEGIFIGALLY STATED ON DRAKIN65 GREATER AND 5UBMITTED BY RAB. THE LIGHTING DE516N 15 JAN 155UED, IN WHOLE OR IN PART,A5 ADV150RY DOGUMENT5 FOR INFORMATIONAL PURP05E5 AND 15 NOT 0�� x Q 6 Al (2) QB2B 8 226.08 60 INTENDED FOR GON5TRUGTION NOR A5 BEING PART OF A PROJEGT'5 CON5TRUGTION DOGUMENT z v O Total Quantity: 6, PAGKA6E. ZONING BOARD OF APPEALS C7 �2 z ° . CD Luminaire 5Ghedule 0 Symbol Tag Qty Label Arrangement TI Lamp Lumens Lum. Lumens LLF Description Lum. Watts Arr. Watts Total Watts Filename a AI 4 OB26 2 @ a0° 1500 152 1.000 Quartz Dual Head Bullet Kit - 15H 15 150 300 QBI - L5121865.IE5 z A2 2 013213 2@q00 1500 152 1.000 Quartz Dual Head Bullet Kit - 15H 15 150 300 QBI - L5121865.IE5 7 o PACE: Galculatlon 5Ummary JEFFREY T. BUTLER, P.E. IS NOT RESPONSIBLE FOR SAFETY AND SECURITY RISKS DUE TO INADEQUATE LIGHT LEVELS. SKI Label Description GalcType Unib Avg _ Max Min Avg/Min Max/Min Pt5pc.Lr Pt5pcTb THIS IS NOT A RECOMMENDED LIGHT LAYOUT. IT IS A DESIGN BASED UPON THE SOUTHOLD TOWN CODE - SECTION GaIcPt5 Site Readin 5 Taken at 0'-0" AF6 Illuminance FG 0.06 4.2 0.0 N.A. N.A. 5 5 280-124,AND SUB-SECTION 172 - EXTERIOR LIGHTING 5 of 6 36"MIN.LENGTH FENGE WOVEN WIRE FENCE(MIN. 2"X4" WOOD FRAME P05T5 DRIVEN MIN. Ib" 14 1/2 GAUGE W/MAX.b" INTO GROUND. MESH 5PAGING) 5TAKE 1O' MAX• G. TO G. n 2 FABRIC—� —III—_ _ ° HEI&HT OF a 0 IIII—SIIII=II IIII °v I FILTER v 1) 1111=IFl�I I I_ Cl vQ i y w = Ib°MIN. w I0 I I II=I I II=1�=I I I oo �p�W /lorl d)� DROP INLET BURIED FABRIG W m o " v WITH GATE PERSPECTIVE VIEWxFRAME 0 w 36 MIN.FENGE P05T�\ m z O d) �- WOVEN WIRE FENCE(MIN. 14 I/2 GAUGE W/ o � � ,O MAX.b"MESH 5PAGIN6)WITH FILTER GLOTH zFLON Z w � GATHER EXGE55 UND15TURBED GROUND AT GORNER5 I GOMPAGTED 501L EMBED FILTER GLOTH z 7 A MIN.OF b" IN GROUND. L4- ENGINEER: GONSTRUGTION SPEGIEIGATIONS 5EGTION VIEW I. FILTER FABRIG 5HALL HAVE AN E05 OF 40-65. BURLAP MAY BE USED FOR SHORT TERM APPLIGATION5. 2.GUT FABRIG FROM A GONTINUOU5 ROLL TO ELIMINATE JOINT5. IF JOINT5 ARE NEEDED GONSTRUGTION SPEGIEIGATIONS THEY WILL BE OVERLAPPED TO THE NEXT 5TAKE. 3. 5TAKE MATERIAL5 WILL BE STANDARD 2"x 4" WOOD OR EQUIVALENT. METAL WITH A I.WOVEN WIRE FENCE TO FASTENED SECURELY TO FENCE POSTS WITH WIRE TIES OR STAPLES.POSTS 5HALL BE STEEL EITHER"T"OR°U"TYPE OR HARDWOOD. MINIMUM LENGTH OF 3 FEET. JEFFREY T.BUTLER P.E. 4. 5PAGE 5TAKE5 EVENLY AROUND INLET 3 FEET APART AND DRIVE A MINIMUM Ib 2.FILTER CLOTH To BE TO BE FASTENED SECURELY TO WOVEN WIRE FENCE WITH TIES SPACED EVERY 24°AT TOP AND MID SECTION. INGHE5 DEEP.5PAN5 GREATER THAN 3 FEET MAY BE BRIDGED WITH THE U5E OF S FENCE SHALL BE WOVEN WIRE 12 I/2 GAUGE b"MAXIMUM MESH OPENING. O WIRE ME5H BEHIND THE FILTER FABRIG FOR 5UPPORT. O 3.WHEN TWO 5EGTION5 OF FILTER CLOTH ADJOIN EACH OTHER THEY SHALL BE OVER- V-4 5.FABRIC SHALL BE EMBEDDED I FOOT MINIMUM BELOW GROUND AND BAG_KFILLED. IT z LAPPED BY 51X INGHE5 AND FOLDED. FILTER GLOTH 5HALL BE EITHER FILTER X � 5HALL BE 5EGURELY FA5TENED TO THE 5TAKE5 AND FRAME. ,� lu } MIRAFI IOOX,STABILINKA TI40N,OR APPROVED EQUIVALENT. b. A 2" x 4" WOOD FRAME SHALL BE GOMPLETED AROUND THE GRE5T OF THE FABRIC, H c ,T o FOR OVER FLOW STABILITY.MAXIMUM DRAINAGE AREA I ACRE 4.PREFABRIGATED UNIT5 5HALL BE GEOFAB,ENVIROFENGE,OR APPROVED EQUIVALENT. Q m 5.MAINTENANGE 5HALL BE PERFORMED A5 NEEDED AND MATERIAL REMOVED WHEN a F 0 "BULGE5"DEVELOP IN THE 51LT FENCE. z 00 Q FILTER FABRIC z <T6 U.5.DEPARTMENT OF AGRICULTURE U.5.DEPARTMENT OF AGRIGULTURE7-Q Z m NATURAL RE50URGE5 CONSERVATION 5ERVIGE DROP INLET NATURAL RE50URGE5 GON5ERVATION 5ERVIGE SILT u W�w NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL GON5ERVATION NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL GON5ERVATION U Y tl> NEW YORK 5TATE 501L E WATER GON5ERVATION COMMITTEE PROTECTION NEW YORK STATE 501L s WATER GON5ERVATION COMMITTEE FENCE O } O 0 W m Q 7 RECE&ED PA E: 'SAN 4 7n97 SK1 ZONING BOARD oF,AFpEALS 6 of 6 151'-e",.,:,wt PERMA-COLUMN P05TS ++.: 30'-4 90'-9'out 1 out PEFWA-COWV14 P05T5 30 N'z' d ////��---•^777��\r7 /�/�'/I�/2� m ---- -1` 2•x 10',12' 2'x 10'x 16'5PLi51 50ARD91 1 O't IG'5PLA5H FXJAP-L� 2'x Ir',14'SPLASH BOARD BO_GAcRDTYPIC�I,L -k-2Tx—yyI,,O_a 12'5 B4 'SPLIT 5LIDING DOO 2`x 1 C rR_1 2 5 B XI27 I OkUS_1 SG_F5',A!311 _'.A4_SH'5d0_cA-FTtt_D'I 5P�L%�S—N BOAR,14 7-1' D 9'<' IIII IIIIII0"x I G 5II 4P1L:T5RAUHTyS4IBSEONS'ACpRD5 4„I-02SkIDdEI cOkI�AYL1PL6RSCASSLP PSPI-11M BOARII1IIII D'iI-' 7'.1 Wz 17� -06•-G• -O'3; - � % / - 7-1ryi �'IF—,giNau<n�. °a`f._y-_-r_1,~�,!-.:fi•d•�t-J,a_�'.•'- ,�'•,,1T,,la-w'a�,`'v'=�/e'-'ecY I/^l^%r,^.F,,-:tiL;�lJg�a_�4r"E_<�JC,n'x.cI./"`.'Ley+�4'�/llJ,M1,lJ�1�ye1aa,H,n'O•L-�4••^ cierp;/.,`g1`!.�4.'I,©rNn,:krw't.�:Le.�gri(-"tl'�+CiY'Iy'OY'om >c�lFsG;�q-tf1;--KL��•n'7y',"�n'�.�•c•7•.-NC'R,•�.'t io' n P0. Box 395 Fogelsville, PA 1805.1 1 21 zr D) 129*21 z 1DJz 21, PHONE: 1-800-KISTLER (547-8537)1 T T—Z__——— —J L MEMBER SINGE E-MAIL mfoftstlerbuildings com 0 . Tsai 211 21' 21' 21' 30'SQUARE FOOTER AT 30'SQUAFOOTER AT c� 21.1 1_ 21 -- 1 -- 21' WEB SITE www KlstlerBulldings com C 5 SIDWALLS T 5 I'51IS15' 5 51DWALj < 1.0or 'SCUAREFOOTE 1 m CS SID9FRE-ENGINEERED CLEAR 5 RE EGIt EE RED CLEAR SPAN TUSESB -0 tic-YIC51 WN M1I -ENGIE O'PRGCTIA' TRU55sp4 O•a.CECRAa 33'(D) 33'(D1 d O F-1LWtlEFR INSULATION AT 1 1 3 33' 1 I 110nEND5ECTION5ONLY 29 I 10 s'112 CONTINUOUS ROOFUN_ —CONTINUCU5PCOFLIPE b o TL� .,y : ' .�i•.+:ng7f.lt,'1,'';� _ •'1-�>'')-? ,.� ' °� sties-GT-cL.'.hC �' 1,.^ 'Ci5 1• _'A_ ti�i u': 1 I ♦ �5(D '(1, o ��' 4 �`Mp+. ,':°�.'.,"- .'Te�"'-'?eT.`r^fe. •}j ° � 'I 29 1 I 33—'l� — I 1� I '� �, ',. -•�.:..�:=„; -, r_ l.`''C��,", _�," ii G bI I I I I I I I I - ♦ �z cif:, ,' wr`. 3. 33'(D) 33'(D) a' b § f�?•t � ,aK..a 'g 4t:%af�- ;%A 4'e c b ro b- -i r m P l� 4 CONCRETE OUT FLOOR II THROUGHOUT ' 25' 1 1 I 1fl�,29 --—-- --—-- 29'4 Al 1 1 1 4 �ZS' v I HEREBY ACKNOWLEDGE,WITH MY SIGNATURE THAT I �? lI PERSONALLY HAVE REVIEWED AND UNDERSTAND THESE P(AN5. v I 13(D} I I I I I b in 1 1 1 I I I io A14D HEREBY APPROVE CONSTRUCTION TO PROCEED AS DRAWN f' 1 31'0 or 27'50UARE I I o � 4 § 11 I 1 m FOOTER AT I L--3 0 or 27'50UARE FOOT R--J Argy-com rE:vAm CUSTOMER DATE '3'D 14'xl4'SPUTS(DING DOO �' �— _ T' � - - 21�N1----- — 21� DF — (2 eT(13�—— m�I 30'50UARE FOOTER AT 30'SQUARE FOOTER AT 0021-10) 2 21'(D) 5 R Tn I �_/ -15 1'C 5 SIDE WALLS f- 1 r 1 (- T 1 T T 1 r 1 r ,51'C 5 SIDE WALLS r , , OO5 O u,I ANY CHANGES HEREAFTER MUST BE APPROVED IN WRITING. --------___ j,- PLEASE CONTACT YOUR FIELD P.EPP95ENTATIVF REGARDING ANY CHANGES,AND/OR COSTS OF CHANGES 21' S 21'_21'(DI 2 21 1 21' S 29' (D)—— I_ 29'D29' S 21'2I 1'(D11>�——�——2L'(j Z I' 5 21- L 1' ``l BUILDING 4 SITE DATA ns Gurllc mRrwa lNlsmlrvL rnu llurc stets INE 4'-I IYa' BE PRDPERIT 14'-2' I/' S'- 4'-33/' 14'-9' 4'-I I10510 POE PAW Ya' S'-4 z' 7=e9/' 14'-9' 7'- JURISDICTION TOWN OF 5OUTHOLD 6 a _ [O,PIC R0 B fMN ID M N[CNMJCE 2'x I ON I G' I COUNTY SUFFOLK pR INO A THE FECOM FI RjHE DIA ySEIRION 3N ODIM RQfEBTION�AND •n I 2°x I ON I C SPLASH BOARD 5PLA5H BOARD 1. 2'k 10'.IV SPLASH BOARD 1x 1 O'x 1 G SPLASH BOARD 2k I ON I G'SPLASH BOARD GF_NF_R& NOTi%5 AGRFb 7W,EXCEPT AS WHOM N IMM Bf < BLOCK WA LOT WA Ego IgE sulm M.INC.R w(1)Mf LLE TIE 30-41' I •35' 20-0' 35,4t• I 30'-4VZ ALLP05T5 ARE TO BE MIN 6300 2•x 6.5 Y P PERMA-COW MN5 WM ON AN DOW TIWX 01 Of 031110M OR _ ---kkk ---YYh-- AS SHOWN IN DRAWING USE GROUP 5-1 11110E 3CI�HOWL1111V 71DIBt(t)IN fOPC L[ - POST FOOTINGS ARE TO BE 4'-0'(MIN)BELOW GRADE �RIOO G11E TI�RFH ALL P05T5 ARE TO GET(2)GALVANIZED STEEL UPUFT BRACKETS CONST TYPE 5-B N I 151'-6°out/out PERMA-COLUMN P05T5 ALL POSTS TO 51T ON MIN 8•DEEP.20'0 CONCRETE FOOTING PADS 1Ftl�llt AW/)POI WYRfiDN IT M 111D TO RE- '` q THIS BUILDING 15 DESIGNED USING 30-PSF LIVE ROOF SNOW LOAD TOTAL AREA 5,535 50 Fi SAM 9R 1 OR W09 ODOA Pan THE 0.n- r-I f25T PL001. PLAN 1/ I 1 1'_01 1 ESTABLISHED GRADE LEVEL PAD B N T 15 TO BE AT THE HIGH POINT OF THE TOTAL VOLUME 6,120 CU FT ORfPOLL�iH15O1 NL UXTMk COPED CUSTOFINAL GRADING CTMILDING STE BY OTHERS(INTERIOR AND EXTERIOR) UNLESS SPECIFICALLY NOTED OR CONRRACTED ———————---————————— —_-——�_———————————— ALL STRUCTURAL LUMBER SUCH f5 BUT NOT LIMITED TO HEADERS. o� SUPPORTS,AND RAFTERS TO BE#1-5 Y P ,KD-19 ^ m m m m m m ALL DIMENSIONAL BE ATTACHED IS TO BE ATTACHED TO TREATED N� I MATERIAL IS TO BE ATTACHED WITH BUT GALVANIZED RING SHANK NAILS ALL NON-BEARING MEMBERS SUCH AS Bl1T NOT LIMITED TO GIRTS, r- ------------ in .n (n u+ Rn v+ Cn I------------'---� PURLINS,AND DOOR SOFFITS TO BE#2 OR BErfER5P 12'TDB F 2 p 12'TDB ALL TREATED MATERIALTO BE EITHER C A•OR EQUAL TREATMENT 1 I o p m - m F m m .�r�4 1 ✓' I 0-DENOTES CONCRETE PAD JOE BLEEARCHITECT N I I QD •DENOTES(6300)2•x G' P 0 Box PERMA-COLUMN POST p O Box 692 1 a I I I {®-DENOTES(6300)2k 6'PERMA-COLUMN POST 1 WITH DOORJAMB LINER Greensburg, 065 15601 14'TDB 14'TDB I i e mail one 51'Ieeenash(P 4 -DENOTES(3-PLY)2x 6'TIE-DOWN BLOCK scom NY LICENSE NO 030422 - I Pu' ' 1 I6'TDB 3 6'TDB I REV 4/2 1/1 G ADDED CUPOLAS 4 MOVED 5TAIR LOCATION. `°a I I CON5TRUC110N NOTF-5 REV 10/5/16 ADDED 5TAIRDETAILS AND UPDATED ATTIC CONFIG ATTIC STORAGC g I I HOLD ALL DOORS+4'FOR CONCRETE FLOOR REV AREA I p001' DF516N LOANING REV. j I16'TOB b_= IV TUB _ I I 41'•0'•30-6' I 51'-G'x 35'-6' U 51'-0'x35'-6• 1 41%0'x30-6' REV OPEN TO BELOW OPEN TO BELOW _'k' OPEN TO BELOW OPEN TO BELOW I TOP CHORD-30-P5F WE LOAD TOP CHORD-B-PSF DEAD LOAD REV 1 I BOT CHORD e 5-PSF DEAD LOAD 1 16'TDB 16'TOB u I I TOTAL LOAD-43-PSF RLV I �3 I I 1 w 1 A-MC 5TOf?A6r DF_51GN LOANING REV 1 TOP CHORD=60-PSF LAVE LOAD REV 1 1 14'TDB wrc I4'TD9 I 1 TOP CHORD=10-FSF DEAD LOAD REV. 1 I I TOTAL LOAD-70-PSP o . . no 0 0 l I o 0 0 0 p € p I WIND DE�51GN LOADING ftEv REV in in (n 1 I N N 'o sl � vT N 120-MPH WIND-SPEED LOAD Na w 12'TDB m m 12'TUB m m m N I ----- -- ry--m— m— m--- a o 0 0 o 0 0 0 0 0 0 0 -----------—__J FD WILLIAM ACKE'RMANN i N m m m N N N O m ni°i 1° m I ADOftE55 N ti N m THES n - �_„ n ESE PLANS HAVE BEEN PREPARF_D TO 505 L IGN7F-IOUS� LANA L----------------------------- ------- CONFORM TO THE IR ?009 e1i nIN m.. AT11C PL0012 PLAN 1/811 11-011 NEW YORK EDITION SOLI'1}-i0111�, fJY 119�1 BUILDING SITE WINDOW& DOOp SCN�DUL� CL ITCI 10GU�, NY I19�5 5YM TYPE OF WINDOW/DOOR MODEL At R.O JAMB WIDTH HARDWARE GLAZING QTY /// PROJECT KISTLER CONSTRUCTED SPLIT SLIDING DOOR w/ 14'x 14' 13'-5'x COMBO TRACK - 5I'X II IX 171'EQLIIPMENf 5'fORAGE&51'X 20'X 22'2NI7 O4040 PICTURE WINDOW IN EACH PANEL w/PRE- SLIDER 13'•19 a'j t NATIONAL WA 2 PAINTED STEEL SIDING PANELS 6 X BUCK TRIM HARDWARE RECE��D MOOR Aa�A& 2) -Vx?50'-611 141'WOp5HOP COLONIAL INSULATED STEEL OVERHM DOOR,W 14k 12' 14'-0k COMMERCIAL gy FF�� - DRAWING TITLES O COMMERCIALTOR510N SPRING HAPKOWARE t 8Y:' TORSION SPRINGS WA 6 DEC i� �j`� 'i` i BAKED ENAMEL FINISH ICP 12'-4' 1 INTERIOR LOCKS D L qq _ 2 206�j 1t1ir-=-----I�IIi f-LOOI2, DOST & LOST FLAN O3 3OG5 INSULATED STEEL CLAD ENTRY DOOR w/ TH26n� 3BYgk 4,6 LLVfRfD NSUITEMP.TED z u•-OCT 21 201b�L 9-LITE HALF GLA55 t COLONIAL PANELS IN LEFT 8 LOCK`ET HALF GLASS �Y(,p 1 i I SCALE A5 5HOWN LHEgy FD RCE 9/6/2016 30681NSULATFD STEEL CLAD ENTRY DOOR w/ THERIM•TRU 3Bei'SI LVERED TEMPERED �o"''•`•' D h fr!�t�h P f-c DATE 08/29/2016 `� JPD 9/7/2016 44 262ND _q 4 6 LOCKS INSULATED 3 �QR��r 4-'CTI' JQ ---- �4---I ,� DRAWN BY. RCE/ J5CJ FIELD REP.MICHAEL COCCO 9-LRE HALF G1A55 t COLONIAL PANELS IN RIGHT 8�° HALF GIA55 �"'�� DRAWING NO SHEET OF 51MONTON VINYL SINGLE HUNG 51MONTON STANDARD THERMAL O WINDOWS w/INSECT 5CREEN5 4 3040 SHIM 36'x48' IYa' LATCH PANE DOU6.E 16 K-7-4660 I 5 GRILLE5 GLAZED NOTE ALL DOORS AND WRJDOWS MUST BE ABLE TO WITHSTAND 120 MPH WIND SPEED,AS WELL AS WIND BORNE OBJECTS APPROVED I TIEEREREARLHI L 9 201 ENGD CDt6lWICIION CTILT 9 6 2016 h 27 GA PRE-PAINTED STEEL 27 GA FRE-PAINTED STEEL 27 Gq PRC-PAIPfiED STEEL / ROOFING PANELS-(31'-3•RUN) ROOFING PANELS-(27-9'RUN) ROOFING PANELS-(25'G.RUN) 27 PRE-PALMEDSTEEL i1I , `' I II 1 i l l I L IE I Excellence`Integrity'Distinction ROOFING PANELS-(25'-G°RUN) I[ P O Box 395 Fogelsv111e, PA 18051 t I 1 i , I I PHONE 1 800 KISTLER 547 8537 I i i d I I I ' I' I. 11 I E I + I IE 1 I III`r r I fI j y y E-MAIL: Info®is I rbuildin s co mNMBER SINCE 1983 WEB SITE: wwwKstI r uIIdln9s com Ill, I I I I i° _I �1 I I I I .I .I ill 111 f I Ili 1 ! { II II �I I 1 -� .I o 3! — I 1 I I I I " I111111111111'ILII i , �li^I'IIiIpIE'h 1}II I i ,I' m o ri;.� .' ,3� y� 'k}' -F��y'rv��.,+� �I I I _ — F0010210 r 'I' '® lli 'I Il,. ' r i; I; I, „ ® ®—__ u ��{p` Ii ' l E 'I� �l®� ® �.I I�,j i, . •® ;i - li;il i ' 1 , I' I iI a I .'. ,1® I ' t7t�,3p '-2.bl i+ rrie•�;,1«rr-t?•,' :r'y 3s++^-•YRr WF-5T FLFVATION 11811 - II-OII ;."• M, i. _ .. ;_.. `4 � 7, AT10N�fvfAF;S,�.�kpgr •�.�+ I HEREBY ACKNOWLEDGE,WITH MY SIGNATURE THAT I PEP50NALLY HAVE REVIEWED AND UNDERSTAND THESE PLANS, AND HEREBY APPROVE CONSTRUCTION TO PROCEED AS DRAWN CUSTOMER DATE i --_ - ANY CHANGES HEREAFTER MUST BE APPROVED IN WRITING PLEASE CONTACT YOUR FIELD REPRESENTATIVE REGARDING 12 12 ANY CHANGES,AND/OR 005T5 OF CHANGES Q3 BUILDING 4 SITE DATA rws Bmta mNus wNmomaum pad sEau un 141 II ! ' Iii Ili 111 . f 'II s 111 + 1 I i6ppWORS,ICUMM 70FI�lU%PoIERIIQVC �'— i 1 I ! I ¢• I I ''{ 'I I I III' p ' r f ,� 1� 'I I I i �, JURISDICTION TowN of soumoLo ��N kID�iFMW w TIE f gq w,xI:um x aE11 m R IEmm x wNDD!tE OPun G 90PIS O0.Unv x CDOOM/W couNTv wFFOIx THE 1014 l m R=11),2N 1In BttKe WA LOT IF NIA DMwORAWMPY� nEDZIR IXDE ORR USE GROUP 5.1 wX S➢ET KIM=Rum(ll lxf C 1NE U =' i III { II ,f I I 1 i; 17 1 u CONST TYPE 5•B M�MIFi[l.T,LL w IA+DE 3ilE.T WORINON TAN >Hldxun/ gNa °nEfOw�+- TOTAL ARPA 5,535 50 FT If OR 0I MURR ❑ PC.Nl wP13 TIEPW N9 NL wIDNl CW8 OTAL VOwMe 11 G.12 LIl Ff ” N I I 1 111 iI 1t I r+ Ili{ II I rv wl 1I , , 1��4 tl' I ��n 1II I III 711 III E �i �1 �, ■n ! I iI 11 i, ILII II!I 11 �I Ilil II as as H N RECENED JOE BLEEPO Bo ARCHITECT NOf?TN �L�VA1-ION I/8 I' O 50 111 �L / - Greensbwg,PA 15601 Phow(406)551 0654 DEC �� em 11 b%.h.h@ rnalloom LICENSENO 030422 REV 4/21/1 IS ADDED CUPOLAS 4 MOVED 5TAIR LOCATION. REV 10/5/1 IS ADDED 5TAIR DETAIL5 AND UPDATED ATTIC CONFIG REV 80,ARb OF APPE4LS REV EV REV REV -— REV REV EV. I I fi f1. 1 3' I 1 i I I 1 II i � I EI I d I i � 1 I 7 € I III 9 I I I l III 9 ! 11 I ill ILII I 1 I N I I ` REV REV. i : 41 I I �I EI I I V l II C G I � � I 111� 11 t { jf III11 �fVI I rl , C I FOR it I I �I l I' i I r, 1 ! I II lu 1 k WILLIAM ACKERMANN oI N I I 11I.II .1 I tl ,l li l `II I€ i, N'II I ul I i '� 1 ! ADDRESS- i1q1tifl 1111411411VIS1111 'I SOI�ITI-101�t�. NY I 19�I 0 f 0 f 11 l it .11 '® ®� ® {� I i1I f li II ® ®® P BUILDN srtE G I II l 159 �v�.T-I's I_AN� - 0 1 I. ,� 'ter r I I '11' CLITCNOGL.II✓ NY 1 1935 11 PRaccr 51'x91'xl4'E2U1FM%f5fORPa&5N20'x22'2NP FLOOD AICA&(2)-11'y.30'-61I 14'WOI:C5hIOp t-�'AST r;LOVATION 1/5', 11-011 DMIMNG TITLES r:V I'r�01�05�1� E ATION v IE:WS SCALE AS 51-IQVVN CXECKED RCE 9/6/2016 DATE OB/29/2016 RED JPV 9/7/2016 1 OCT 21 2015 1`I DRAWN eY RCE/ J517 FIELD REP.MICHAEL COCCO DRAWING NO SHEET OF — K-7-4860 2 5 APPROVED V ED ARCHITECTURAL 9/7/2016 ENGINEERED C0N8TxXMN ONLY 9 20 T 6 CONTINUOUS VENTED RIDGE CAP I 51O'CLEAR SPAN PRE ENGINEERED TR'J55S AT W O"do w/2•z A•WIND BRACING AS L.�J CLN�L1.�®OL/V CLlJ� ` REQUIRED BY TRUSS ENGINEER 2'z 4'PURLINS Q 24'3 do TO BE NAILED FLAT AGAINST TRUSS w/(3)12d R 5 GUN NAILS EACH Exc3� I ` 27 GA PRE-PAINTED STEEL ROOFING PANELS-(27'-5-RUN) 9 o� P.OBBox03951nFo elsvdle,DPA.inction 18051 I slMPsoN n 10 OF, PHONE• 1-800-KISTLER (547-8537) EQUAL HURRICANE CUP MEMBER SINCE E-MAIL mfo�klstlerbuildmgs.com 2'x 6•CONTINUOUS 1983 WEB SITE www KisllerBwldmgs com ' (2)2'x 12.24DCF-2 OE M5R FASCIA BOARD .'4� - - • ., ., j t•il,.�k- •• _ J CONTIII OUS SUPPORT TRU55 EAVE OVERHANG STAIR CRITERIA ._2-�,5,;y +,4 r4• ;.- .r'�`.('- y�... 5e PLYWOOD ON ONE SIDE EXTENSION w/ALUM SOFFIT LOWER RUN OFWALL S`AP.ATING20 �.'?{}? u - (I O)RISERS AT 7 'EACH-6 'TOTAL R15E - • ;�'+ WIDE DRIVE ROUGH FROM u (9)TREADS AT 10'EACH-a'-G3•TOTAL RUN =�„ t 0A `y.+'/ �•'' h:F ^t THE ADJAC`NT AREAS d� " r4 —27 GA PRE-PAINTED STEEL UER RUN PPt T•'•+ 4 !• t^� Y.•- SIDING PANELS-TYPICAL (14)RISERS AT 7X'EACH-a'-1 OY'TOTAL RISE 'wig v�,/t Bt r (13)TREADS AT 10'EACH-I I'-GY4'TOTAL RUN PRE ENGINEERED GPI-G3 1 1-7/B'W015T5 Q fl I G'dc-TYPICAL W/ PLYWOOD DECKING I TREAD$ :yr!N=•��{{•i-N••b 4",</ Ai I 2k 6•TOP RAIL Y/IBC/IRC Y r J}` t,Y"R \ \�^�u�`U >r".: '�;/Ali• � v= APPROVED HANDRAIL �1„�•,y'y Q3�!.+}, /�r�+��f�s^`jyl.��-___v:1^ � GLU-LAM BEAM ug O I eA�L cW Y"�i`:.� c'�I'L11"\!�F- �.�.I'�n��'' $ ii'i,�'l kl~•lM "C a 4 Kr Q"Jr �4 -Y, - _� y_ t•1`�. -e,e•.Nij•.'J,. T:m oRo gI ``,df3-`frLr y+ :.;'y�?'-'�".�i ,,,' �\�r€�_� •Y�`��ii nrt'F` ww 6 LAMINAk6'GW- 0 ✓;.f �.:'v`. 7;,kOCP,TIOfV�Mf�Fa.�,�;i.': n"�;,:.±r?i z LAMINATED COLUMN v o +1 STAIR CRITERIA o 25c 2°S Y P SPINDLES SPACED 50 THAT b iy LOWER RUN 9 A 4°SPHERE CANNOT PA55 THROUGH 1 HEREBY ACKNOWLEDGE,WITH MY SIGNATURE THAT I (10)RISERS AT 7�•EACH-G-4/•TOTAL Rl5e PERSONALLY HAVE REVIEWED AND UNDERSTAND THESE PLANS, Tn c (9)TREADS AT 10'EACH-a•G-%'TOTAL RUN N AND HEREBY APPROVE CONSTRUCTION TO PROCEED AS DRAWN UPPER RUN _ PRE-FABRICATED (14)RISERS AT 7V.'EACH-B'-10%.TOTAL R15E 5TAIR5 w/RAILINGS CUSTOMER DATE 4'(3,500 PSN RE-INFORCED (I 3)TREADS AT 10'EACH-I I'�'TOTAL RUN 2•x 10•TREATED CONT CONCRETE FLOORTHROUGHOUT SPLASH 130ARD ANY CHANGES HEREAFTER MUST BE APPROVED IN WRITING ESTAB 44 CRUSHED STONE BASE - * 5TAII2 CONFUMATION 15/4'1_1'-Qn - PLEASE CONTACT YOUR AND REPRESENTATIVE REGARDING -- CONCRETE COLLAR ANY CHANGES,AND/OR COSTS OF CHANGES � GRADE ,.}�n -30'SQUARE x 24'DEEP 6300 SERIES FERMIN COLUMN /LT(/� / BUILDING i 517E DATA ns mm axrms mNeffRll m TMu sm v CONCRETE COLLAR ��'��111 TT' ` 29 CONCRETE POST BASE —'1-6 M PMM Q WW RLE BAM SQUARE CONCRETE 29• STEEL UPLIFT RESISTANT JURISDICTION TOWN OF SOUTHOID CO.1F:MO 6 WN TO BE Rem N WFMCE 'I. FOOTING PAD-SEE PLAN ANGLE BRACKETS-TYP X RECM9 8!FVZMN MO RDENROY Or TIE FOR SIZE AND LOCATIONS 51'-0'OUi/OUT PO5T5 SQUARE CONCRETE (' y R COUNTY SUFFOLK WING=EFTS TIE IWkag p1 CMM Mm •,F- FOOTING PAD-5EE PLAN RECEIVED ELM ,bile MV,DMIr AS AMIU D N WING BI FOR SIZE AND LOCATIONS BLOCK/ WA LOT P WA 00 ME MIX M.LN:E ElL(1)10 ME H wim III Tmpfnow e 51' G.5. 5t�CTION AT bpl TNf20U6IN 1/-4'' a I'-O I' DECg use GROUP 5.1 1FnNw Nt Il aF 1, 2 12o 1 RISEN(A II tm o anEPo E mu- cousy TYPE s•B w m TIE awuNR m TM.�SET x�uvvl 7N98L k01t)IARI aI MRI a TIE NTD 1Mir- TOTAL AREA 5.535 50 FT 11111E PIES IM M''m ROM 111 NO.NL acus iN1fflIF/!✓D NL W1FAR1 CW¢D TOTAL VOLUME 116,120 N FT lNlaE>iVLL ZONING BOARD OF APPEALS e°o CONTINUOUS VENTED RIDGE CAP F CONTINUOUS VENTED RIDGE CAP JOE BLEEHASH,ARCHITECT PO B=892 2'x 4-PURUNS 24•S do TO BE NAILED FLAT Greensburg,51 15601 0654 41'-O°CLEAR SPAN PRE ENGINEERED TRUSSES AGAINST TRUSS (3)12d R 5 GUN NAILS EACH Penono(406)551 0654 AT 4'-0'o/c UI E 'WIND BRACING AS o-m R oleenasn�a mail com NLICENSE NO 030422 51'-0'CLEAR SPAN PRE ENGINEERED TRUSSES AGAINST TORUS @ Z(3)12d 54- c1c TO BGUNINAAIILS EACH REQUIRED BY TRU55 ENGINEER REV 4121/IG ADDED CUPOLAS#MOVED 5TAIR LOCATION. AT 4'-O'do YJ 2k 4°WIND BRACING AS REQUIRED BY TRU55 ENGINEER 12 27 GA PRE-PAINED STEEL qEV 1015/1 G ADDED STALK DETAILS AND UPDATED ATTIC CONFlG 27 ROOFING PANELS-(25'-6•RUN) REV � 12 ROOFING PRE-PAINTED NG PANELS-(((31'-3°RUN)STEEL 7 � 12 REV 7� 12 �7 REV 7 / REV. SIMPSON H 10 OR EQUAL HURRICANE CLIP REV SIMPSON HO OR EQUAL HURRICANE CUP ' I•I I•I °�N3B'-O'do WIND GRACING (2)2'x 12°2400E-2 OE MSR FA G' BOARD REV FASCIA BOARD #_ 2k G'CONTINUOUS SCE TRU55 DRAWING FOR CONTINUOUS SUPPORT TRUSS SAVE OVERHANG REV. 3B'-O'do WIND BRACING (2)2k 12.240OF-2 OE MSR FASCIA BOARD SPACING REQUIREMENTS EATENSION v/ALUM SOFFrr 5EE TRU55 DRAWING FOR CONTINUOUS SUPPORT TRU55 SAVE OVERHANG ,< REV SPACING REQUIREMENTS EXTENSION of ALUM SOFFIT 27 GA PRE-PAINTED STEEL 'c ut REV SIDING PANELS-TYPICAL 27 GA PRE-PAINTED STEEL u) REV N SIDING PANELS-TYPICAL � r w 3-PLY V.G•GW- FOP O WILLIAM A CKERMANN O 3-PLY 251 G'GLU- O LAMINATED COLUMN LAMINATED COLUMN Z a 2'x 4'GIRTS @ 24'3 a. ADDRESS 51O S L I GHThi0U5� L ANS aQ +1 SOUTNOL-tom, fVY 119 1 —2514'GIRTS Q 24'3 do H FOR WAINSCOT GIRT BUILDING c 2k G'SYP M I LAP GIRT 27 GA PRE-PAINTED STEEL SITE: FOR WAINSCOT WAINSCOT PANELS-TYPICAL 27 GA PRE-FAINTED STEEL 2k 10'TREATED CONT CUTCNOG UE NY 1193 5 4'(3,500 PSp RE-INFORCED WAINSCOT PANELS-TYPICAL SPLASH BOARD CONCRETE FLOOR.THROUGHOUT PROJECT. 2°x I O'TREATED CONT _ _ _ 4'(3,500 PSN RE-INFORCED SPLASH BOARD Y G(tA 51'X Jl'X 19'EQLlPMENf Sf01YAL,8&51'%20'x 22'2NTJ CONCRETE FLOOR THROUGHOUT 4'CRUSHED STONE BASE ESTAB 30'SQUARE x 24'DEEP #5 RC-BAR THROUGH PERMA PL•00rP A$ 2) -11'x 5,0'-611 ext'V1/OI SHOP 4'CRUSHED STONE BASE b CONCRETE COLLAR COLUMN AT CONCRETE -24'DEEP CONCRETE COLLAR wd N5 -N5 RE-BAR THROUGH PLRMA c 6300 SERIES PERMA COLUMNCOLLAR ELEVATION DRAWING TILOS b REBAR THROUGH PERMACOLUMN COLUMN AT CONCRETE 21' CONCRETE P05T BASE G300 SERIES FERMA COLUMN COLLAR ELEVATION CONCRETE FOOTING PAD 21• STEEL UPLIFT P,ESISTANT TING PAD 21' CONCRETE P05T BASE STEELUPUFTRESISTANT SEE PUWFOR SIZE AND ANGLE BRACKEr5-TYP CLZOSS S�GTIONS SQUARE CONCRETE FOOTING 21' LOCATIONS 41'-O'047/047 POSTS .f. SEE PLAN FOCONCRETE "SIZ AND PAD-SEE PLAN FOR 512E AND ANGLE BRACKETS NG SCALE A5 5HOVVN 12CE 9/6/2016 LOCATIONS 51'-0'OUT/OUT POSTS CONCRETE FORTING PAD LOCATIONS C Fri -t SEE PLAN FOR SIZE AND ,L ..-I _ _ __ LOCATIONS DAre 08/29/2016 -n'Ls 9/�/2016-I 1' I I 1 I-OI I ;nl Iii DRAWN BY. IGF/ J512 FIELD REP.MIC}-f(-COCCO 51' C.S.SECTION 1/4'' 1 1-OI I r DRAWING NO SHEET OF OCT 21 251' K-7-4860 3 5 L_ _ _ � ARCHITECTURAL 9///2016 ---� APPROVED ENGINE EO COrSIRUCIDN ONLY 9 672016 CONTINUOUS VENTED RIDGE CAP 41'-0'CLEAR SPAN PRE E\GINEEP,ED TRUSS`S • ',":..tea AT 4'-0•do,W 2k 4'WIND BRACING AS 2T-9'STEEL ROOF RUN /�2k 4'PURLINS @ 24'±do/(31 3'R_5 GUN NAILS PER CONNECTION .,1 REOUIRED BY TRUSS ENGINEER. 31'-3'STEEL ROOF RUN / @TRU55 vA 27 GA PRE-PAINTED STEEL ROOFING PANELS CLEAR SPAN PRE ENGINEERED TRUSSTS � �25'.G'STEEL ROOF RIJN AT 4'-0•do vJ 2k 4'WIND BRACING AS 2.4-PURUN5 @ 24•±do TO BE NAILED FIAT REQUIRED BY TRU55 ENGINEER AGAINST TRU55 w/(3)12d R5 GUN NAILS EACH 12 i I I 27 GA.PRE-PAINTED STEEL I I 1 I za;�f o'W1171<..®OLIN CLT7a.�7 3� / ROOFING PANELS 12 1I I1 ` 1 2'x G'FLASHING NAILER 7 ExcellenceIntegrity y`❑IStlnctlOn 2k G'BOTTOM CHORD TRUSS OVERHANG PO Box 395 FogelsVllle, PA 18051 PHONE 1-800-KISTLER (547-8537) EXTENSION w/VENTED ALUMINUM SOFFIT @ mfo�klstlerbwS com lit ldin �______. I 2•x 6'CONTINUOUS TRU55 4--Cr 11C E-MAIL / FASCIAITOARD TYPICAL TRU55 MEMBER SINCE RU5s .WEB SITEwww Kistler-Buildings9do SIMP50N It l O OR EQUAL ItURRICANE CUP 1903 com 3-PLY 2k TIE DOWN BLOCK - =� -iv.. vI'`,a��2 t',• -• ,s7••Y i Px:L4y,(ml 7 7 (5)2od R5 NAPS TYP �/5i•F�'4' ,_ ^j(.- ivr�6 �...>Di �{. 1r,(i`(;�<r�{,,� / 2k 6•FASCIA d ALUMINUM COVER I•I °I •-`Tt'~,•^S.�ice• ''`C p��'••<<+s�1'l J f T,,)"" ":'"t�` I °III w^ / —(2)2.12'240CF-2 OE CONTINUOUS SUPPORTS I I•I I I I I•I I ;�,,--r-Y„i.E✓ �Sk_ J �n+ax.•n _- /��,v i rr .- 2'x G.CONTINUOUS (5)20d R5 NAILS TYP 2k 6'Tw TO 547 BEARING BLOCK AT 21 0(RIP TOFa/'a')x I IDG• " "�l�y-,�?'••+ w, 1��• u..., I--- + FASCIA BOARD EACH P05T AND TIE DOWN BLOCK BEARING BLOCK(BEYOND) ` oc FO@ -dc (G)20d 5T/TDBAT y" �//`` ) +i� Yp•/"'jI':;},�•, 2•x 4•GIRT5 24' S (.�✓,-` / \- � : ..G..' il'altb'.:t�:.0 NLU-LAMINATED COLUMN B'do M ,�!_ I�" Fy "i•. " 4 3-PLY 2k 6'G @ —3 PLY 2'x 6°GW- LAMINATED COLUMN 3-PLY 2'x G'GLU-LAMINATED a i.'vT:,e:i:•- ;'^+ \ F"" j,„ FRAMED FRAMED FRAMED COLUMN e'dc —27 GA PRE-PAINTED STEEL {, £'°i'�L",`.J) +x -�=" '�= + Y•' it 2°x6'SYP W I HEADER @ 't n.,•,.-,',tz�.04 ..�:u`v:..t't: C, OPENING OPENING OPENING SIDING PANELS-TYPICAL -y�/ p!' - ,- _ i ;.,5 `yY •.-. FOR 3040 FOR 3040 FOR 3040 2k 4•GIRT5@24't do (p WINDOW WINDOW WINDOW • ' ''- F 00GFOP. F 00GFOR 2k6-SYP RI LAPIRT /��\\ TYPICAL F_AV� FLAMING & TRU55 TO 5ur:,PoI:T LINEi CONN�CT10N I HEREBY ACKNOWLEDGE,IMTH MY 5IGNATURE THAT 3005 ENTRY FOR WAIN5COT 1 I I PERSONALLY HAVE REVIEWED AND UNDERSTAND THESE PLANS. ENTRYDOOR DOOR 3/ I'-O" AND HEREBY APPROVE CONSTRUCTION TO PROCEED AS DRAWN 2'x I O'TREATED CONT f 5PLA5H BOARD CUSTOMER DATE a5 RE BAR THROUGH PERMA COLUMN # GRADE -24"OEEP CONC AT CONCRETE COLLAR ELEVATION ANY CHANGES HEREAFTER MUST BE APPROVED IN WRITING b COLLAR-TYPICAL 6300 SERIES PERMA COLUMN 2k 4-PURLINS @ 24•±o/c w/(3)3•R5 GUN NAILS PER CONNECTION 'v CONCRETE POST BASE @ TRUSS.127 GA PRE-PAINTED STEEL ROOFING PANELS I I I PLEASE CONTACT YOUR FIELD REPRESENTATIVE REGARDING ANY CHANGES,AIJD/OR CO5T5 OF CHANGES 21' 21' 25' 29 29' 25' 23' 21' 21 STEEL UPLIFT P.E515TANT ANGLE BRACKETS-TYP BUILDING 4 SITE DATA 116 LRaTa CONDW Cgalp11V1 as 7R$�ET I 8'-DEEP x 20 9 CONCRETE FOOTING PAD-SEE )2 TRUSS @ 4'-0•do NFMICW 61K POW 6ISM la[MM 8'-DEEP x 30'0 CONCRETE PLAN FOR SIZES AND LOCATIONS Q 3 JURISDICTION TOWN OF SOUTHOW C%TL as 6 Ola TO TIE RIMM N MnDDM CONCRETE PAD PAD-TYPICAL VE RECMM 6f RECN AND UM AEIOR'gN OF TILE UNLESS NOTED 2k G'BOTTOM CHORD TRU55 OVERHANG COUNTY SUFFOLK DRaRa AiCaM THE 011 A N CONFODICE IND OTHERWISE TYPICAL TRU55 EXTENSION w/VENTED ALUMINUM 5OFPIT A=1144 IXt3PT AS,WRNM N MI TING Bf 8'-0' B'-O' 8'-0' 4'-3• 4'-3' T-Cr @ 4'-C'do 3-PLY 2'x Gk 2�' BLOCK I WA LOT I WA �WE OuLl W.K R ill(1)ME IR RE 41'-0'OUT/OUT POSTS TIE DDA BUJCK NtOtv'a OR MY NFi 11QEDF DR lf[0711WIPH DR USE GROUP 5.1 7R1oC SFl>&T IEU411xN TIEROt(Z)NOT 0.Y'f LIE ----------------- 51'-0.OUT/OUT POSTS I (5)20d R5 NAIL5 TYP —2k G'FASCIA w/ALUMINUM COVER +(� ��m - CON5T TYPE 5-B l I�tD(4) 00�UM�TH ro RE I I I.1 III 14Tal TIE 6°N9D4 OR IMI OOWa,IEIUN TN DM11- 1 I•I I I I•I I 1 TOTAL AREA. 5.535 50 FT K ALL COPES Wff Na ALL Uu3K OWD x�a 4.47 ON CENTER n I I I I.1 I I I I•I 7MIEFRNL 1 I I (3)12d RING SHANK GUN NAILS PER I I•I 1 1 I I•I I I TOTAL VOLUME 1 16,120 CU FT CONNECTION TO TRUSS- -TYPICAL 2k E- PURUN AT 24•do (2)2k 12'2400E-2 OE CONTINUOUS SUPPORTS i�PRE-PAINTED STEEL DENVER GABLE RAKE TRIM � (5)20d RS NAILS TYP 2'x 6'(RIP TO 4n'1 BEARING BLOCK AT 2'x 6'(RIP TO 5r)-I I&Q 2'x 6'S P F END¢OKE WITH ALUMINUM BEARING BLOCK(BEYOND) ®B 2'.4.5 P F GIFTS EACH P05T AND TIE DOWN BLOCK no I — O (3)3•GUN NAILS PER CONNECTION 24'2 Mc 27 GA PRE-PAINTED STEEL J FASCIA COVER MAIL TO EDGES OF (G)20d RS NAI L5 AT —27 GA PRE-PAINTED STEEL ROOFING PANELS-TYPICAL PURUN5 w/PAIRS OF I Gd NAILS) 2•9 4"GIRTS @ 24'±do EACH POST/T D B SIDING PANELS"TYPICAL 12'5OUD ALUMINUM 50FFIT PANELS 2°x I§°AFLSLIDING 2'x 4'PURLINS AT 24'do DOOR HEADER PAINTED STEEL P-)CHANNEL AT t'nN 3 PLY 2k G'GW-LAMINATED COLUMN @ 8'do SLIDING DOOR TRACK SIDING TO SOFFIT TRANSITION JOE BLEEHASH,ARCHITECT AND METAL COVER GABLE END TRUSS 27 GA PRE-PAINTED STEEL P 0 Boz 692 SIDING PANELS-TYPICAL 3-PLY 2k 6'GW-LAMINATED4 Gmeeehetg,PA 15601 2"x 8'TRACK FILLER AT DOOR 27 GA FRE-PAINTED STEEL Phone(406)551-0654 I COLUMN @ 8'o/c email Ieehashn men com N LICENSE NO 030422 OPENING-USE 2k 6'ADJACENT BIDING PANELS-TYPICAL 3 PLY 2'x G'GLU-LAM I TO DOOR OPENING TYPICAL GABLE OVr--F, ANG PF-TAIL REV -4/21/]G ADDED CUPOLA5*MOVED STAIR LOCATION. DOOR COLUMN BEYOND I / FLAT PULL INS ?J/.I"—I'-01, REV 1015/IG ADDED STAIR DETAll5 AND UPDATED ATTIC CONFIG. TYPICAL TRU55 AT 4-0d ' ' o— I--2'x 4'GIRT FILLER.12'.4° PAINTED CA51NG-TYPICAL 20 FAVF FLAMING & 1'PU55 TO 5UPPOLT LINT CONNECTION AT 2Np FI-OOP, REV TYPICAL SLIDING DOOR PANEL REV O TYP,51-ItAN6 POOP: HPAI7MI' 2.k 2k 4'GIRT FILLER REV PAI3/q.l t s I I-011 --2k G.4.DOOR LINERCASLNG REV PUPLIN LAI't�FTAIL 2k 10•TREATED51' REV 3 BOARD(BEYOND) 4'3500 P51 CONCRETE FLOOR WITH 6x610(0 I+-Q I I WELDED WIRE FABRIC THROUGHp AI51E 3-Ply 2k G'5 Y P AI GW-LAMINATED COLUMN 3-Ply 2'x 6'S Y P S I G W-LAMINATED CO WMN REV. '1 2k G'TREATED RUB BOARD ADJACENT TO DOOR OPENINGS "" <+ a. ;4.<�.`.`.^ •,YLy':.;•.y •; �::+"+,�'/c.',- REV E5TAI5 j h'DIAMETER A325 THROUGH BOLTS IN GRADE •Y'>� f DOUBLE SHEAR WITH HEX NUTS -'h'DIAMETER A525 THROUGH BOLTS IN REV 6 MIL POLYETHELENE TORQUED TO 1 10 Fr-1135,4y°0 x 3V` DOUBLE SHEAR WITH HEX NUTS TORQUED VAPOR BARRIER - FASTEN MASTER LEDGER LDK SCREWS _ TO I 10 FT-LBS,t);•0 x 3�'FASTEN REV 6300 2k G.GILL LAMINATED 4•CRUSHED STONE BASE _ - MASTER LEDGER LOK SCREWS INSTAl1ED 2•x G'TREATED POST I INSTALLED FROM EACH 51DE FROM EACH SIDE REV S Y P#1 COLUMN-TYP LINER PRE-ATTACHED TO TYPICAL 6300 SERIES PERMA-COLUMN(BEYOND) 6300 2k 6'FOST(RIP I PRE-ENGINEERED REINFORCED 63oo } —PRE-ENGINCERED REINFORCED 6300 FOR TO 54') IMPACT rOOTr-L AT SLIDING t)001 �J//I''I-I I-o,, 4 SERIES PERMA-COLUMN CONCRETE BASE 5ERIE5 PERMA-COLUMN CONCRETE BASE ;ESTAB r WILLIAM ACKERMANN 'PLYWOOD SPACER GRADE ° ' f°•' POST BASE(3P-0M N ENO DISTANCE)UGH MN GRADE ` } ;." 95 P.EBARTHROUGH PERMA-COLUMN ADDRESS _,C_ 5 L-167 NTNOUS� LP.Nf: 2k 4'5 P F GIFTS PRE-ATTACHED TO •f`-:. �S."r,:' ', POST BASE(3'MIN END DISTANCE) @ 16'±do 6300 2k H POST�{{'' 24'-DEEP CONCRETE COLLAR •L SOUT}-IOL tom, NY 1197 I },�.,a 3Y t',•: TYPICAL AT ALL P05T5 i 1 i, 24°-DEEP x 20'0 CONCRETE 27 GA PRE-PAINTED STEEL Fj § COLLAR-TYPICAL AT OPEN AREAS BUILDING 51DING PANELS-TYPICAL v (2)2.2k 9'GALVANIZED STEEL UPLIFT c SITE. EARTH BACK Y RES15TANT POST STABILIZER BRACKETS (2)2k 2'x 9'GALVANIZED STEEL UPUFi 2k 4'5 P F DOOR 2'x 4.5 P F GIFTS @ 24'±do FILL-TYPICAL Jl` ATTACHED WITH'0 GRADE 2 BOLT IN FILL L--KCAL RESISTANT P05T 5TA51LIZER BRACKETS C UTCNOG U�. tV Y 119�5 GIRT FILLER I/2•x 4•ASPHALT EXPANSION JOINT DOUBLE SHEAR ATTACHED WITHYZ 0 GRADE 2 BOLT IN AT ALL CONTACT POINTS BETWEEN _ „J, - DOUBLE SHEAR PROJECT. FRAMING AND CONCRETE FLOOR TYPICAL 3000 PSI CONCRETE _ s TYPICAL 3000 PSI CONCRETE 51'x 91'x 14'EQOIPMEt ff 5fORAa&51'x 20'x 22'2W PC-6300 PRE-CAST '4' a n x a FOOTING PAD(MIN 8'THICK- Y FOOTING PAD(MIN 8"THICK z CONCRETE BASE 4'(3 500 PSI)RE-INFORCED CONCRETE 5EE PLAN FOR 51ZE5) 20•DIAMETER) FLOOR MA$(2)4t1'x 30'-6"14'MRK5HOP AS CONSTRUCTED FLOOR THROUGHOUT ALL AREAS I I I BY PERMA-COLUMN 5EE PLAN FOR 51ZE5 I • LT,+'- DRAWING TrtL6 2•x 10°TREATED CONT 3,-23r o�,r.•.,;•'=�.._ ,. -i---f- 120'0 HOLE B SPLASH BOARD(BEYOND)- 2x!o CONT TREATED i I EsraB �1 FAVI WALL TRU55 SUPPOLT POST d^\ AL GA13LF POST FOOTING GA131� �Y;faMING 8 L��TAILS 5PlA5H BOARD I I I I GRADE 10 CHECKED v I --G MIL POLYETHELENE 11� 11 I I o I I I SCALE AS SHOWN 6y RCE 9/6/2016 (3)5 5 DRIVE ANCHORS AT I I I I I VAPOR BARRIER FOOTING I�FTAIL I/2 I'-O p�TAIL I/2 I -O �A I __.-- �:1 DATE OS/29/2016 °V JPT3 91712016 PCRMA COLUMN BASE A� �• I ±4'CRUSHED STONE BASE It-� y J--TmlcaLcowMN - °- � ��a '1j��_•_,y_�ti,; 'M DRAWN BY. RCE/ JSl7 FlETD REP MICA-IASL COCCO OTYPICAL MAN t�00I:FLAMING I I ;L11� OCT 21 2915 - DRAWING NO SHEET OF 4 3/4" — I'-O'I TYPICAL CONCP�TF f LOOP:17�TAIL 3/4"=I'-O" 8 �OIVIIVG BOARD OF APPEALS I K-7-4860 4 5 C''1i S A1111ENGINEERED 9/7720 6 �'=""�` APPROVED ENGINEERED COt6II0RI F ORT 9/6/2016 r . ' , E cellence Integrity Distinction tj, PX 0 Box 395 Fogelsville, PA. 18051 TPU5�ES,@ 4'0"olc-T rFICAL TRUE 5E5 @ '-0"olc-IYPICAL MEMBER SNCE E—MAIL. info@kistlerbuildings.com ' I HEREBY ACKNOWLEDGE.WITH MY SIGNATURE THAT I PEP50NALLY HAVE REVIEWED AND UNDERSTAND THESE PLANS, AND HEREBY APPROVE CONSTRUCTION TO PROCEED AS DRAWN CUSTOMER DATE ANY CHANGES HEREAFTER MUST BE APPROVED IN WRITING 7 PLEASE CONTACT YOUR FIELD REPRESENTATIVE REGARDING ANY CHANGES,AND/OR COSTS OF CHANGES BUILD JuRJ5DIcrION TOM 0 01.K AM 6 Un TO THE EMU 01 CUMM clouffly SUFFOLK [Rim Imm TIE BUM N=110a no 44 UM DIE OR If%DaM,RUM THE MI- TOTAL 5.535 50 K ALL MW AND ALL UVGM OWD TOTAL VOLUME, I mi FT JOE BLEEHASH,ARCHITECT PO B ___--TPU55 BOTTOM CHORD Ph.-(406)551-0654 -NY LICENSE NO 030422 ROOF FRAMING LINE LEGEND TO 15E NAILED FLAT AGAINST REY 41211IG ADDED CUPOLAS t MOVED STAR LOCATION PU55 BOTTOM CHORD TPU55 130TTOM CHORD W/ TRUSSES (3) 12d R 5 GUN NAILS EACH REV 10/511 G ADDED 5TAIP DECALS AND UPDATED ATTIC CONFIG REV DIAGONAL BRACING REV OVERHANG �i LATERAL BRACE REV. I RIDGE LINE 2x4#2 EPP DIAGONAL ERACE OVERLAP,TYP REV. CORNER BRACING BOTTOM CHORD Of TPU55 wl FZLV (3) 12cf P 5 GUN NAILS EACH LATERAL BRACING REV. FOR.WILLIAM ACKHRMAIVN ADDRESS ' ROOF LINE �—Tcip CHORE) 2x4 WEB —2.4 BRACING PROJECT TPU55E5 AT BUILDING SIBE RECEIVED ' . ZONING BOARD Back-Facing East 315,ell it A),011 ft :i ii"tt 3t7`G`it -» — Double Sliding Doors Hall Mower-1 8'x 6'1p{ Drive-Through _-___ _ _ _.___ ._..� "__..�. __.»..._ .�._ <�. 14'x12',0vrltoa;lDoors I j Ut11ftyTrn11ere182 1Txs'6" l tltl1ttyZta11ers3$4 17'x8'6" _n.» Winter Equipment Storage Gonftguraho € Flail Mower_2 8'x6' , t µ- I chipper+Vac I B'x 8'6. 1 [ Clemens-I 8'x 6' �t rho w - r- I +9. r- _ x Clemens-2 8'x6' V to I R e: g fl Post Pounder-1 V X-61 III rn Hedger-1 '8'x6' III i a gx I I ' 71A2"Tg Y" tt) a CV NetMaetar-1 8'x 6' m a; m Post Poundef 02 8 x 6'� T_-----_--- _ Hedger-2 8'x6' ' r Equipment Stomge m ( » -- NetMaster-2 6'x 6' ro j Vicon Speeder-1 8'x 6�' '- - __.............. ..... _.<..__�...».. __.. --- l'fall Ramover-I 8'x 6' + i _._ __ _w, ,f [-_R..t.rM7G40 3 Bach Up Sprayer-1 25'x 8 ft BuckWGrpo pier-1 8' Vix con spreader-2 8'x 8' 14 x 12'Overhead boors » ._- ____ _ Spray Equipment PTO Wood Chipper 12'x 8" ro Storage io ...._- m _ _.. Perfecta Dlsc-1 V x 6' Drive-Through -- a --: =-- - ---- — P UI ment Storage j BuckeV6'Grappier-2 x1 44 1 14'x 12'C t t ttCl Doors Equipment Storage ( _ _`_ __. 1 14'x 12 C�y✓oiboad Doors F Double Sliding Doors , 14'x 12'C>vTlumd Doors 14'x 12'0v rhmd Doors - I i Front-Facing West (RECEIVED DEC 2 1 2016 ZONING BOAR() OF APPEALS l | \ / | � eocx' East . ! q*13-« a!o^x oYo,ft nn+yu 4 Drive-Through 1,11 121 0 yO-wafl Doors DOUble Sliding Doors / . VaflMower-2 8'x6' Winter Equipment Storage ! | | -mens -� � v � 8 02 � .. IW237 n' � / ' o * m / . | ) | 1 [notm"=° " ."" | ^ 5D /Vicon up�"� ' 8'x6l -' Back-Up Sprayer-I 2W x8! Lej§f Re Tractor M7040 | OR | � | 8'x 6', `- - Spray Equipment Vlood Chipper 12,x C', 2K Storage ---------'----- ' /- Equipment Storage nJ ��1 ~ 1�^12 - T'--Doors � ma/000m Double Sliding Doors ^ -- ~~ 1*'X12'- Doors ~-~ 1^'x�u'~v�'~~ Dvv�Fmn 'FamnnVo � --------- - - ' -^ RECEIVED Vwmt See Floor Plan Equipment Placement Schematic Above | ' m,mZ See Separate Detailed Drawings with Second pmvr/LonStorage DEC x'onu mvooe�myo�mu*ponno��|xmn�u xuomwnu�uvooue=o�emu � ' . ` ZONING BOARD OFAPPEALS - 'om"4. Supply Deliveries estimated ntnmnimumtwo week Intervals during growing season ltm4. Trucks and/or Trailer trips nomore than once vrtwice per week � 20 TEST HOLE s� 1 CE 25 STORM DRAINAGE GALL: BYt 1000MCDS UT OLD,6EON. . Ilq ZONING INFORMATION: a 20 www.dignetnycli.com BOX 1000 SOUTHOLD,N.Y. 11411 or VOLUME = AREA x RAINFALL x COEFFICIENT _ _ 'A--C': D�ex~dPo,nt 30 1 1 of NEW YORK CITY 631 765 36?7 AGRICULTURAL GON5ERVATION FRONT YARD SETBACK;60 MIN °c 2514 UNG - 18 SQ.FT. POSED �)I D 5 PRO L - - co : O www.call8ll.com �` DATE Y 16 2 14 JUL OT AREA: O - ro L 80 00 SQ.FT. MIN. F . EXISTING: - - 5T G A VACANT f: : W G NT LONG ISLAND = _ - \ \ ` & G S (for other states) RAINFALL 2 /HR O.Ibl GRADE 0 21.0' EXI5TING: gg3,651.82 50.FT. (22.SIAG) PROPOSED: 60.0' S COEFFICIENT OF ROOF = L0 GROUND LEVEL 0' PROPOSED: NO CHANGE _ MIXED SAND d LOAM Svc 25 as800-272-4480 811 - ti IDE RD - I 5 YARD SETBACK: 20 MIN � T STORM DRAINAGE SYSTEM �W w, PROPOSED STRUCTURES ARE DEDICATED TO El_.20.5 0.5 BELOW GRADE LOT WIDTH; 115 FT MIN. EXI5TING: N/A - VACANT x37.5 I pp,, �o^i 6 �`• 30 ROOF RUNOFF ONLY EXISTING: 602.63 FT PROP05ED: 228.8' By law,excavators and contractors working in the For safety reasons, homeowners are strongly , ) - BROWN AND PALE PROPOSED: NO GRANGE 1,142 S.F. X 0.161 X L0 I Iq3 GUFT. m I 9>> Fsf 1 five boroughs of New York City and Nassau and encouraged to call as well when planning any BROWN FINE TO ^�'S �'✓o� `��9fes. Suffolk Co+anties on Long Island must contact type of digging on their property.Homeowners VOLUME REQUIRED = I,Ig3 GU.FT. MEDIUM SAND SIDE YARD SETBACK CUMULATIVE: v�L9 cute nestetioe F I x21.5' 6s�� I / DigNet, 1-800-272-4480 or 811,at least 48 hours can contact us directly at 1-800-272-4480 or by U5E: (SP) LOT DEPTH;250 FT MIN. 45' MIN �vF but no mote than 10 working days(excluding calling 811,the national call before you dig (3) 8'm X 10' DP LEACHING POOL EXI5TING: (852.51 FT °Oe Z weekends and legal holidays)priorto beginning number. For excavation work completed on VOLUME PROVIDED = 1,261 GU.FT. EXISTING: WA - VACANT PROPOSED: NO GHAN67E PROPOSED: 41q.8' W '�}, any mechanized digging or excavation work to personal property, it is the contractor's EI_.6V 14.4'BELOW GRADE \ ensure underground lines are marked. responsibility--NOT the homeowner's-to contact NOTE TO CONTRACTOR: WATER IN PALE I �POPo wnterrine fi✓ Q g g y p DRAINAGE INSPECTIONS ARE REQUIRED AT THE BROWN FINE TO LIVABLE FLOOR AREA: 850 S.F. I 9 LOGATIO N Excavators and contractors can also submit Di Net. Ravin utility lines marked riot to REAR YARD SETBACK: 15 MIN ;L ) r locate requests online,through ITIC.If you do not digging is free of charge. TIME OF CONSTRUCTION. NOTIFY THE TOWN MEDIUM 5AND(5P) (S.F. PER DWELLING UNIT) EXISTING: WA - VACANT i Fre.r9 Nock "'D \ currently use ITIC, please call 1-800-524-7603 Z,_r I EXISTING: WA PROPOSED: 610.8' cQ for more information. ENGINEER PRIOR TO BACKFILLING. EI-.4.0' h•O' � PROPOSED: WA �wonanieh �Ov °-'_ ore Acres 6ROUNDWATER ENCOl1NTERED - h•. < 14.4 BELOW SURFACE BUILDING HEIGHT;35 MAX. .:., 35 EXISTING: WA - VACANT N t �� n I � F n ' EXISTING PROPOSED: 21.15' "Open Field" `f;::::.:.;.r, - �� Marrafooka 5TORIE5;212 MAX. Ly S r Kfmogette Potn o FOR WORK IN THIS AREA. nlnttihek :; EXISTING: WA - VACANT 50 ,�, SEE 'ENLARGED PLAN' - PROPOSED BUILDING PROPOSED: I AND V2 STY KEY MAP g IS.ox AND STORM DRAINAGE (THIS DWG) NOT TO 5GALE 25\ ��jA \,�� \ 1 / SEE 'PROPOSED LIGHTING PLAN', SEE DWG NO.2 FINE GRADE \ �y • b. L I NE / SYMBOL LEC END PROP-05ED 51TE PLAN: BINDER GQUR5E PROPERTY LINE SITUATE^D AT: SUFFOLK COUNTY, NEW YORK _ ALVAH 5 LA 5.G.T.M# b00-81-01-203 �, :`::``::;�,;; : ' :?'. NE GUTGHOGUE NY Go TEP,im5E � EXISTING KTO BE F 50UTHOLD SITE AREA: tgg3,65182 SQ.ft.(12281 AGS 3 TOWN C REMOVED/RELOGATED COVE \6E CALCULATIONS: EXI5TIN6 PROPOS P 1/ O WATER I AND 0?STY FR BLDG VACANT 1,142 S.F. ac QQ�Q I �Q /EX15TIN6 I � � Q� SANITARY SEWER TOTAL11LDING AREA: 1,142 S.F. �, � �cP rL jj •/ "Open Field" J� PAVEMENT SECTION (MINIMUM THICKNESS) STORM DRAINAGE -5P 5v 5P � - � �� .�(� I f $ _______ LOT CGVERAGE: rD (( f (�� C Q \/� \ s o� ASPHALT CONCRETE 2 I/2.. FENCE L V� l�� IJ L 25 0�,° // f \ 30 C, BINDER COURSE EXIST NG: O.00Ai (0.0 5F) ----- --- / '� •la oe/�.4' � 04, FINE GRADE SILT FENCE ___._ 30 c Q (�e °<" COMPACTED BASE PROPOSED: 0.1188%(1,142 5F) \ M �' ' 4 AUG 2i be � �•( COURSE EXISTING CONTOUR � � -6- 1/4' STONE BLEND OR CRUSHED CONCRETE EXISTING GRADE x6.0 Smtno;o Tov/n {'Hai nlnU POurn 1�z FINISHED FLOOR ELEVATION F.FL.EL. _ TONIN H I O HHAY 5PEG I F I GAT I ON � m 25 Sf�� TEST HOLE ® -�-= JOHNF. HLLERS, LAND SUIRVEYORR, BY: \� ON app � �'� ' � \ \ � / •�9�s ASPHALT EQUIPMENT STORAGE AND WAREHOUSE NY5 LIG No. 50202 � • b. \ 1 Qs a NOT TO 5GALE 5TRUCIURE BY OTHERS. SEE K15TLER 6 EAST MAIN STREET RIVERHEAD, NY I IQOI N \ 8 lb.o'x ` \ \ to 6�� FOR IN=ORMATION. SURVEYED: JUNE 2014 r-- �a \ o f C a��°y� �`�1 � b z �S � 6 NOTE TO CONTRACTOR: TOPO PROVIDED BY: L� m Qr� \ 0`' + `` 1 �. ��S) ER0519N AND SEDIMENT CONTROLS TOP06RAPHIG MAP - FIVE EASTERN TOWN5 oO `1 \ SPECIFIED ON THI5 DRAWING MUST BE CREATED BY: LOGKWOOD,K-95LER AND �0) QO I amu^ \ _ / PROVIDED. ALL 51LT GENERATED BY THE BARTLETT, INC. W X EXISTING WELL: \ - PROP05ED DEVELOPMENT SHALL 13E DATED: 08-12-15 W W FOR IRRIGATION PURP05E5 ONLY CONTAINED ON SITE. SHEET No. BB-35 F-1 X Z , \ \ \ VERTICAL DATUM: MEAN SEA LEVEL OF Ig2q O O VEHICLE PATH TO EX DIRT RD: \ MM �S 9e APPLICANT/OWNER: F� • � � NO 5TRM WR RUNOFF,No \ ,� WILLIAM AGKERMANN Q CONTAINMENT READ \ W � e \ \ /ILy- AID fl = O (EQUIPMENT 5TORA6E DRY USE BUILDING- WATER' / \ \ Subject to x21.0 m FFLR = 190, Development Rights \ 25 I 1 Town of Southold / \ EXISTING DIRT LISTING \ ` � � 25 22811 Acres of� � I I ROAD TO REMAIN UT`L,POLI! x17.0' \ 30 VEHICLE M6M=lWz NO 5TRM WTR FW- \ NO CONTAINMENT REQIED EXI5TIN6j� EXISTING HELL TO REMAI 25 "Open Field" f / I (FOR IRRIGATION PURPOSES ONLY ti/ 1 y� 1 / RT R EXISTING METER AND PANEL TO Bi:RELOCATE/D `y EN NO STRM RUNOFF, / y/� \+ �/L s�� I \ 1 � �F NEW Y E PATH 20 NO CONTAIN ENT REQUIRED Q � 0MAINWE PROPOSM 1 . ,A % \ S �. ev SURFACE: BARE 501L A S ASPHALT C VEER/ .1� / \ I \ </ �( of I RUNOFF COEFFICIENT = 0.0, TYPICAL OF 2PROP, APIR NO 5TORMWATER GONTAINMTNT STRUCTURES REQUIRED r 1)1 w I \ �� / ` J TL AREA: 1,812 S.F. I m '� Z Q� � Triangle p �- x155' 8 { Q . Mon.fr J ` THERE 15 NO DEFINED q� �� y� / OWuj 110 o � / f / ` +• _ 3493 BUILDING AREA STATED IN ��o �c 0 / / �� A DIRT .o �, OA �. A �/ �h \ p \ ,� SURFACE: BARE 501E P THE DEVELOPMENT RIGHTS CLQ �% ,'P`� ��j \ \ �, �/ ' ZU OFF CO FFIC CONTAINMENT STRUG REQUIRED O� O p � � \ � RUNOFF COEFFICIENT= 0.0, � DOCUMENT '�� % \\ / b0 8, \ �/ �� oti \ RU 5 �� \ \ \ 0� o `` IL AREA: 13,851 5.F. / \ \25 a �•�ti \�{0 �Q�' �y�DIRT l JEFFREY T. BUTLER, P.E. �o't Y - n � 5ay��o� ��O / � `. \ ` 0� \ \ \ /� \ ' �'•Pr �� o'7URFAGE ��NT SAND/U5s STY AND 20 / CAST IRON FRAME AND 6RATE/COVER �s �/ `O 0 � -25� 0\�0 \ � ro � p� '� $ AREA =1,142 SQ.Fp. V O '� 1p of Ei 0 FFL.EL. = 18A CAMPBELL 1182 G OR APPROVED EQUAL z o�� ' F / `� t z fo { i f �� 0 ,p, (DRY USE-NO WATERI 1'LIFI��:� ,_,p(�� \0 \ �o EXISTING FINAL GRADE a,� �} I A U/6 ELEGTRIGAL ,y `o ✓Q rC N 8 TRAFFIC o� �P �s tid }' BEARING SLAB SERVIGE(TO REMAIN) 4"PIPE DIA MIN. ---- -- 1 I �ocFa (\� �� DRAINAGE INLET OTEG N '9w �' ��r `s'� �e LL l ri:;. �d s 9 �'� / 7'1f;}i�1C�BOARD�g=APPEALa� � � O Q (WHERE F (TYP OF 3,5EE DETAIL DWG N J '\ ( s' y EX.VINEYARD FENCE I W \ SDI\ so Fp�, PIPE: MIN.!AS REG-0) 1 APPLICABLE) oc��ONyyc� o� ! o\ HIGH DENSITY 1 oo'�oy�� t o 1 ? a TO REMAIN POLYETHYLENE(HDPE) ® ® ® ��S o o��Q Nr o // I W Q N SIZES REQUIRED: ® ® �7 ® I a° �z`�' ryj �� DIRT \ P4 z �^ �� Q� SURFACE 1b Q Q DRN INLET TO 50 CONN= 10'0 MIN r ® ® � ®i ��• n� 50 TO 50 CONN= 15"0 MIN i ® ® ® ® ®I Q : * ?O ,' � 3S o ��Q \ �P.EROSION CONTROL O OL M ROOF LDR CONN=4"(P MIN I © ® = ® i 3' 5ETBAGK FROM EX. E TO oA :::.:: ::.. �\ �� Q ;o�° s- INSTALL SILT FENCE BARR�R AS 5HOWN - Q- I ® ® ® ® 3 MIN. x275 F 1OL Y MIN. I o _® © �_ ® DRIVEWAY 5WEEP (TYP OF \ 0 i \ (SEE DETAIL,DWG No?) Q Q ® ® ® p ®I WRAP 5TRUGTURE5 WITH '�� Ej t� Fo 9i slQ� �'( �, 'Po vo FILTER FABRIC(USE SEPARATION 015TANCE REQUIREM T5 FOR PROPOSM SAW AIT: ,�. .., ps \ z o EX15T.E.O.P.WILL PROVIDE A UNIFOR M : .\D2 oe �QIRT z 6EOTEX 351,BY STORMWATER LEACHING STRUCTURES ND C� INTERCONNECTION w/NEW CURB GUT THA F �, `s' W - PROPEX) ✓ I TE PLAN F �P \E A-i < z ® ® ® ® I PIPING(OTHER THAN RESIDENTIAL): WILL NOT INTERFERE WITH EXISTING O t` y \ .1 �r '� O © o ® ® I HORIZONTAL SEPARATION D15TANGf5 FOR STORM DRAT 5TORM WATER FLOW ALONG THE GUTTER EXISTING z ® ® ® ® I LEAGHIN6 POOLS: UTIL POLE W (® ® ® ® I PROPERTY LINE= 10'MINIMUM �y 9� Ago o, I I--I oly LINE. MAINTAIN VALLEY GUTTER � ® ® � ® BUILDINGS WITH GELLAR= IO'MINIMUM 100 50 O 100 200 300 400 \ 15 �� 0 BUILDINGS ON SLAB= 10'MINIMUM PROPO�F� LIMIT OF DISTURBANCE 1b ` v X I 50N-RATEABLE WATER SERVICE LINEA-ATERAL5/MA.IN5= 10'MINIMUM CRAF'HIG SCALE I" = 100'-O" APPROX.26,102 5.F.(OhOO AG) DIRI \ _' 5-MIN �� , O N � 8'DIAMETER SOIL UNDERGROUND UTILITIE5=5'MINIMI^1 / � _ O � D GROUND WATER SANITARY SEPTIC,TANK=20'MINIMUM NOTES: 5URFA,E �-'SD3 �q• I CGOLLAR MATERIAL 1 6"MIN. SANITARY LEACHING POOL=20'M wMUM I. LEVATION5 ARE REFERENCED TO FIVE EASTERN TOWNS TOPOGRAPHICAL MAP (PENETRATIOW SSE TRAP=20'MINIMUM EXI ING ELL ARE 5HOWN THU5: 25.0 '��lQ ��0� �.� p RATABLE 501L PUMP STATION=20'MINIMUM EX15TI CONTOUR LINE5 ARE 5HOwN THUS: 25 _ �'o e Ttp I z MANHOLE=20'MINIMUM LLI _ PRIVATE WELLS=50'MINIMUM �o0 6o z RETAINING WALLS= 10'MINIMUM SOS 10, \ Q UNDERLYING SAND AND GRAVEL STRATA FUEL 5TORA6E TANKS(BELOW 6RO.1ND) =20'MINIMUM PARTIAL 5 I TE PLAN � ® ::::.::: Q�a \ o 0 (� - J.�` 1.DOLLAR DEPTH IS NOT REQUIRED WHEN RATABLE MATERIAL EXISTS FOR FULL DEPTH. HORIZONTAL SEPARATION DISTANGIS FOR STORM DRAINAGE �v 15;� STOW �0 �� (DEDICATED TO BUILDING FF 2.COLLAR MATERIAL SHALL BE GLEAN 6RAVEL ONLY. NON-LEACHING STRUCTURES: O l �9 A ' f 3.ALL DRAINAGE STRUCTURES MIST BE WRAPPED WITH FILTER FABRIC. WATER SERVIGE LINE5/LATERAL5/MAIN5=5'MINIMUM � 2 40 20 O 40 80 120 160 c�T INSTALL: 3 - 0�OP DTL IS WG 4.USE 15'DIA CORRUGATED HIGH PEN5ITY POLYETHYLENE(HDPE)HEAVY DUTY PIPE LWERC-RD UND UTILITIES=5'MINIMi•1 GRAPHIC 56ALE I" = 40'-O" (501,502 503, Li AS AS FOR INTERGONNEGTION OF ON-5ITE STORM WATER LEAGHING POOLS GREA5E TRAP=5'MINIMUM �� (^ `� �/ P A(5E • A.HDPE PIPE 5PEGIFIGATION(AA5HTO M-294) PUMP STATION=5'MINIMUM I J r B.INSTALLATION OF HDPE 5PEGIFIGATION(ASTM D-232U MANHOLE=5'MINIMUM \ G.WATERTIGHT JOINT TESTING SPEGIFIGATION(ASTM 0-3212) SANITARY SEPTIC TANK=5'MINIMUM BETWEEN EX.E.O. . A/NIS PROPER INE HA B D.6ASKET SPEGIFIGATION(ASTM F-471) CONSTRUCTED ��jjSPHALT, 5E T� N HIGHWAY PAVING SPEGIFIG TIO , TYPICAL 5TORM HATER VERTICAL SEPARATION D15TANGES FOR 5TORM DRAINAGE LEACHING POOL 650) DETAIL I" " i � WATER SERVIGE LINES= IS MINIMUM NOT TO 51_ALE SANITARY WASTE LINES= IS"MINIMUM 2 THESE DRAWINGS AND ACCOMPANYING 5PEGIFIGATION5,A5 IN5TRUMENT5 OF 5ERVIGE,ARE THE EXGLU51VE PROPERTY OF THE ARCHITECT AND THEIR USE AND PUBLICATION 5HALL BE RE5TRIGTE0 TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED.REUSE,REPRODUCTION OR PUBLICATION BY ANY METHOD,IN WHOLE OR IN PART, 15 PROHIBITED EXCEPT BY WRITTEN PERM155ION FROM T14E ARCHITECT. TITLE TO THESE PLAN5 SHALL REMAIN WITH THE ARCHITECT. VISUAL CONTACT WITH THEM 5HALL CONSTITUTE PRIMA FACIE EVIDENCE OF ACCEPTANCE OF THESE RE5TRIGTION5. 36'MIN.LEN6TH FENCE WOVEN WIRE FENCE(MIN. 2"X4" WOOD FRAME POSTS DRIVEN MIN. 16' 14 1/2 6A 16E W/MAX.6' INTO GROUND. MESH 5PAGIN6) to STAKE 10' MAX. G. To G. --L n 2 FABRIC-� �- �/ - II- HEIGHT or I�I O I I EE I � I FILTER 1111_=1�=III �a w .� .v = Ib'MIN. `� . , z DROP INLET BURIED FABRIG WITH GATE PElz-51DErnVF VIEW q FRAME 36"MIN.FENCE POST�\ WOVEN WIRE FENCE(MIN.141/2 GAUGE W/ tv MAX.6'MESH 5PA6I1,16)WITH FILTER CLOTH If If V I I I U% Z FL OW z GATHER EXGE55 UNDISTURBED GROUND AT CORNERS V I I I OOMPAGTED501L EMBED FILTER GLOTH U4' V_ Z 7 Io. GONSTRUGTION 5PEGIFIGATION5 A MIN.OF 6" IN GROUND. SECTION VIEW I.FILTER FABRIG SHALL HAVE AN E05 OF 40-85. BURLAP MAY BE U5ED FOR 5HORT TERM APPLIGATION5. 2.GUT FABRIC FROM A GONTINUOU5 ROLL TO ELIMINATE JOINTS. IF JOINT5 ARE NEEDED 6ON5TRUGTION 5PEGIFIGATION5 THEY WILL BE OVERLAPPED TO THE NEXT STAKE. 3.5TAKE MATERIAL5 WILL BE STANDARD 2" x 4" WOOD OR EQUIVALENT. METAL WITH A I.WOVEN WIRE FENCE TO BE FASTENED SECURELY TO FENCE POSTS WITH WIRE TIES MINIMUM LENGTH OF 3 FEET. OR STAPLES.POSTS SHALL BE STEEL EITHER'T'OR'U"TYPE OR HARDWOOD. 4. 5PAGE 5TAKE5 EVENLY AROUND INLET 3 FEET APART AND DRIVE A MINIMUM IS 2.FILTER CLOTH TO BE TO BE FASTENED 5EGURELY TO WOVEN WIRE INGHE5 DEEP. 5PAN5 6REATER THAN 3 FEET MAY BE BRIDGED WITH THE U5E OF FENCE WITH TIES SPACED EVERY 24"AT TOP AND MID SECTION. WIRE ME511 BEHIND THE FILTER FABRIC FOR SUPPORT. FENCE 5HALL BE WOVEN WIRE,12 1/2 GAUGE,b'MAXIMUM MESH OPENIN6. 5. FABRIG SHALL BE EMBEDDED I FOOT MINIMUM BELOW GROUND AND BAGKFILLED. IT 3.WHEN TWO SECTIONS OF FILTER CLOTH ADJOIN EACH OTHER THEY SHALL BE OVER- 5HALL BE 5EGURELY FA5TENED TO THE 5TAKE5 AND FRAME. LAPPED BY 51X INGHE5 AND FOLDED. FILTER CLOTH SHALL BE EITHER FILTER 4 6.A 2" x 4" WOOD FRAME SHALL BE GOMPLETED AROUND THE GRE5T OF THE FABRIG MIRAFI IOOX,5TA5ILINKA T14ON,OR APPROVED EQUIVALENT. FOR OVER FLOW 5TABILI1Y. MAXIMUM DRAINAGE AREA I ACRE 4.PREFABRICATED UNITS SHALL BE 6EOFA5,ENVIROFENGE,OR APPROVED EQUIVALENT. 5.MAINTENANCE SHALL BE PERFORMED AS NEEDED AND MATERIAL REMOVED WHEN "1316E5"DEVELOP IN THE SILT FENCE. _ICULTURE FILTER FABRIC LTURE NATURAL DEPARTMENTRCCOONSERVATION SERVICE DROP INLET NATURAL DEPARTMENT CONSERVATION SERVICE SILT NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NEW YORK STATE DEPARTMENT OF ENVIRONMENTAL CONSERVATION NEW YORK STATE 501L 4 WATER CONSERVATION COMMITTEE PROTECTION NEW YORK STATE SOIL 4 WATER CONSERVATION COMMITTEE FENCE . m � m i PL AUG r �� 9 2 U 1 L W N i 2 \ a r =�o� It o:0 0:0 0:0 0:0 0:0 0:0 0:0 F+ ,' soutno r� ' LLQ � L 0 0:0 0:0 0:0 0:0 0:0 0:0 0,0 0:0 0.0 O:o �e :zo:°m j Planning Board o:o do o:o o:o 5.1 0.1 0.l 0.1 & o:o o:o o:o y9Q � � < lu a.l o:0 0.2 6.2 .2 0.1 0.1 0:0 Q B 2A ro e !E-01� QZ � do 5.1 0.2 .3 03 0.4 0.3 0.3 0.2 0.1 o:o o:o Twin 75 Watt Quartz Bullet floods come pre-assembled and pre-wired FfsT �/ 6o 5.1 3 04 0b dA 6.1 65 63 0.2 Q .o 60 on C103 Mounting plate. Lamps supplied. � O 1 o.o o.0 0.4 6.5 t3 1.1 j4 6.9 os o.1 .0 0.o Lamp Info Ballast Info 0.0 0.2 0.9 j3 3b 'I� tb 0.8 d.5 0.1 O:O :O 9p Type: T-4 Type: N/A 0.0 0.2 ��e � � 0 2.1 'I.I 05 6.1 O:0 O.O :O o.o b.0 b.i Watts: 75W 120V: NIA . 3 1.9 I:o 05 d.2 0:0 0'.0 0:0 0:O Shape/Size: N/A 208V: N/A � � Base: N/A 240V: N/A o.o b.o b.o b.o b.o b.o m 0.9 08 0.4 0.2 6.1 O'.O 0:0 o:0 0:0 O:0 0.0 0. ANSI: N/A 277V: NIA b.0 .0 b.0 0.1 b.1 0.1 0.0 OA Hours: 1,500 Input Watts: 75W '0.4 03 bz d.l o:o o'.o o:o o:o o:o o:o o:o o: o:o -1 b.0 b. b.0 b.1 b.2 03 0.4 0.2 b.0 I RAB NOTES: Lamp Lumens: 1,500 Efficiency: 100% W 10.0 O.0 .1 0.2 03 0.4 'o5 0.9 0.2 I 0.1 O.O o:0 O.O O.O O.O O' o.0 O.O o:0 O. O:O Efficacy: 20 LPW 'o 0.0 0.o d.1 d.1 6.1 d. d.1 0.0 O.o : 0:0 * THE L16HT L055 FACTOR(LLF) 15 A PRODUCT OF MANY IIIb.o d.o ' 1 b.2 b3 06 13 13 1 VARIABLES, ONLY LAMP' LUMEN DEPRECIATION (LLD) HAS BEEN Technical Specifications b.o b.o +.i 02 0.4 0.9 tl `3.8� 0.1 0.1 d.2 d.2 0.2 0'.2 0. 0.1 0.0 0:0 'o o:o APPLIED TO THE CALCULATED RE5ULT5 UNLE55 OTHERWI5E NOTED. ENGINEER: UL Listing: THE LLD IS THE RESULT(l1UOTIENT) OF MEAN LUMENS/ INITIAL g' OF NEIN y b.o b.o 1 0.2 03 0.1 t.4 is '4.2 2 '2 d2 o'.4 61 o:4 ' o. d.1 o:o 00 :0 00 Suitable for wet locations. Suitable for mounting within � LUMENS PER LAMP MANUFACTURERS SPEGIFIGATIONS. 9 ,<<G B O b.0 O. '0.1 10.2 0.3 05 0.9 1.6 2.1 1.9 0. 3 oh l.o oe 0.5 03 0.0 0 :0 0:0 :0 1.2m (oft) of the ground. Q' * ILLUMINATION VALUES 5WN (IN FOOTCANDLES) ARE THE HO4v R �9 0.0 0.0 0.1 0.2 03 05 0.8 b to bb o. a L 0.9 6.5 03 0. 0:0 0: o:o PREDICTED RE5ULT5 FOR PLANES OF CALCULATION EITHER Housing: ►'� .25 HORIZONTAL,VERTICAL OR INCLINED A5 DE516NATFD IN THE Precision die cast aluminum 1/2" NPS threaded arm r Jr$ �� w b.o O.O 0.1 0.1 '0.2 '03 05 05 05 0.4 0 ® 08 13 0.1 03 6.1 0. 0:0 0. , f7 �_ i Z CALCULATION SUMMARY., METER ORIENTATION 15 NORMAL TO THE �-f- (2) QUARTZ DUAL BULLET KIT with locking swivel and EZ Grip lock nut fits all standard b.o b.o b.o b.l '0.1 b.1 b.2 '0.2 0.2 0 �\ 09 db o3 d.1 0:0 0. 0.0 MODEL No. QB2B PLANE OF CALCULATION. mounting covers. �` 0 q93 ,� b.o b.o o.o b.o o.o b.o b.l b.l 0.1 o. 05 0.2 6.1 0.0 0:0 0:0 0. O:o M NTIN6 HE16HT = 13.5' ABV GRADE OA PROP05ED LO TED ABOVE DRIVE THRU SLIDING DOORS * THE CALCULATED RE5ULT5 OF TH15 LIGHTING 51MULATION Lens Gasket: ROFESS�Q� bo o.o o.o o.o b.o 'o.o o.o b.o o.o I AND IY2" 5TY FIR BLDG 0:2 8.1 o:° o:o o:o o:0 0: do REPRESENTS AND ANTICIPATED PREDICTION OF SYSTEM b.o b.o b.o bo b.o b.o b.o b.o bo F.FL.EL. = 18.0' PERFORMANCE. ACTUAL MEASURED RE5ULT5 MAY VARY FROM High temperature silicone gasket stays in place during JEFFREY T. BUTLER, P.E. o. b.o b.o 'o.o b.o b.o b.l 0.2 0.1 0:0 A dl 6.1 0.1 : o:o o:o THE ANTICIPATED PERFORMANCE AND ARE 5UBJEGT TO MEANS relamping. o.o' .o bo 0.o b.l 6.2 0.2 o dl 0.1 0.2 d.2 0.2 0.1 : o:o o:o :o AND METHODS WHICH ARF BEYOND THE CONTROL OF RAB Q �. .. . . .. . . . . \ LIGHTING, INC. Reflector: 'O.o ' .0 b.o 0.1 0.2 b.4 0.8 0 0.20.3630.40:00.2 0.2 '.I 0.1 O. o:0 �-. . . .:.:. .: :. . . . . 12 Semi-specular anodized aluminum. � * MOUNTING HE16HT DETERMINATION 15 JOB 51TE 5PEGIFIG,OUR f0 . . ..... . .::. : 10.0 :0. o',0 b.l b.2 0.5 to 23 •11 0.3 0.4 0.6 d.1 o.o 03 0.3 0.2 ' 0:0 0.r,O:o LIGHTING SIMULATIONS ASSUME A MOUNTING HE16HT(IN5ERTION RFCFI�F°'t? %+ Sockets: v 7 .. . . . o.o '.1 0.2 0.4 ba t.l 25 0� o.s 13 ;,5 d.9 d.1 0.5 6.3 0.2 *1 0.0 0. O:o POINT OF THE LUMINAIRE 5YMBOU TO BE TAKEN AT THE TOP OF Porcelain bi-pin GY 8 base with gold plated contacts P 'S \, THE SYMBOL FOR CEILINI: MOUNTED LUMIINARIE5 AND AT THE - Q b.o 0.o b.o b.2 0.3 b.5 0.9 t3 t.l 0 13 13 L1 1:4 0.9 65 0.3 d.1 O:O o:o BOTTOM OF THE SYMBOL FOR ALL OTHER LUMINAIRE MOUNTING and 250 C socket wires. �- b.o b.o b.d 0.2 0.5 0.8 tI b.4 bb 0. I 183 1.8 1:668 65 6 :o o.o o:o CONFIGURATIONS. Lens: :; � O LU I 0.0 0.0 0.0 0.oG�I b.2 b3 03 b3 0.2 0.2 1 �� 4.2 z:l ri 65 6.2 .0 0:0 0:o O.0 * RAB LIGHTING, INC. LUMINAIRE AND PRODUCT DE516N5 ARE Thick, tempered glass. Q� �- z CO } b.o b.o b.o b b.o 0.1 0.l b.l b.l 0.0 PROTECTED UNDER U.5. AND INTERNATIONAL INTELLECTUAL f--� � Z 2.3 IA 1.0 65 6.2 6.1 O:O 0:0 W 0 N O c� PROPERTY LAW5. Finish: a Q_ Z 0� b.o o.o b.o b.o 0 b.o b.o 8.o b.o b.o o.l 0.2 0.9 6.9 0.8 0.4 0. 6.1 0:0 0:0 PATENT5 155UED OR PENIDING APPLY. THE LIGHTING ANALY515, EZ-LAYOUT,ENERGY ANALY515 AND /OR VISUAL SIMULATIONS ("LIGHTING Our environmentally friendly polyester powder coatings Q v ~ < (L b.o b.o b.o b.o ' .o b.o b.o b.o b.o b.l 0. b3 DE51ON") PROVIDED BY RAB LIGHTING, INC. ('RAB') REPRE5ENT5 AND ANTICIPATED PREDICTION OF are formulated for high-durability and long-lasting color, W H' DY Q-- 0.0 0.0 0.2 d.4 0:4 03 0.2 0.1 o:o o:o g g- g ' b.o b.o b.o b. b.o b.o b.o 0.1 b.z b.3 0.4 b. ' LIGHTING SYSTEM PERFORMANCE BASED UPON DESIGN PARAMETERS AND INFORMATION PROVIDED BY Q- Luminaire Location 5ulmmar and contains no VOC or toxic heavy metals. ,..� v Q / do do do d.l 0.1 d.l do O:O 0,0 y OTHERS. THESE DESIGN PARAMETERS AND INFORMATION PROVIDED BY OTHERS HAVE NOT BEEN FIELD E 4 o.o b.o b. oo o.0 0.1 0.2 b.3 Ob '13 '1.3 LumNo Ta G ) Label Mt Ht Orient Tilt VERIFIED BY RAB AND THEREFORE ACTUAL MEA5URED RE5ULT5 MAY VARY FROM THE AGTUAL FIELD z g Replacement Lamps: � W - o.0 0.o ' .o o.o b.l b.2 '0.4 0.1 'I5 2.3 '18 '0.0 do do d.o do do o:o o:o CONDITIONS. RAB REGOMMEND5 THAT DE516N PARAMETERS AND OTHER INFORMATION BE FIELD < Z O 3� b.2 b.o d.0 1 Al (2) GB2B 8 226.08 60 VERIFIED THE REDUCE VARIATION. `y O.O 0 O.O O.O O.O O.O 0.9 'I.l � � z 0.0 do 0.0 � RAB NEITHER WARRANTEES,EITHER IMPLIED OR 5TATED WITH REGARD TO ACTUAL MEASURED LIGHT 1"� (Y J V � ' o b.o 'o.l b.2 b3 '0.1 '1.4 '1.8 '4.2 2.3 '0.9 b.2 b.o b.o b1��c, 2 AZ 2) 0152b 13.5 223.01 60 LEVELS OR ENERGY GON5UMPTION LEVELS A5 COMPARED TO TH05E ILLU5TRATED BY THE LIGHTING LU / ( Installation: I� � o b.o b.l 0.2 '03 b.5 b.9 ib 2.1 t9 b.9 b.4 b.o b.o o< 3 Al (2) GB:LB b 226.08 60 DE516N. RAB NEITHER WARRANTEE5, EITHER IMPLIED OR STATED, NOR REPRE5ENT5 THE Twin 75w Flood Kit pre-assembled on C103 plate for S �� APPROPRIATENE55, GOMPLETENE55 OR 5UITABILITY OF THE LIGHTING DE516N INTENT A5 COMPLIANT easy installation. v LIL b.o b.o b.l b.2 b3 b.5 b3 t.l io b8 '0.4 b.l +J 4 AI (2) QB2B 8 226.0& 60 WITH ANY APPLICABLE REGULATORY CODE REQUIREMENTS WITH THE EXCEPTION OF TH05E F�'..r } b.o '0.o ba b.l b.2 '03 b.5 '0.5 b.5 0.4 'o3 ' . b.o 5 A2 (2) 01325 13.5 223.01 60 5PEGIFIGALLY 5TATED ON DRAWIN65 CREATED AND SUBMITTED BY RAB. THE LIGHTING DESIGN 15 Patents: - (4) QUARTZ DUAL BULLET KIT 155UED, IN WHOLE OR IN PART,A5 ADV15ORY DOGUMENT5 FOR INFORMATIONAL PURP05E5 AND 15 NOT LL I o.o o.0 0.1 b.l 0.1 0.2 0.2 0.2 '. b.l O.o MODEL No. QB2B 6 AI 2 QB2B 8 226.08 60 RAB sensor and fixture designs are protected under < MOUNTING HEIGHT = 8' ABV GRADE ( ) INTENDED FOR GON5TRUGTION NOR A5 BEING PART OF A PROJEGT'5 GON5TRUGTION DOCUMENT U.S. and International Intellectual Property laws. QI O O b.o b.o b.o b.o b.o b.o b.l '. 0.1 'o.o 'o.o Total Quantity: 6 PACKAGE. a � b.o b.0 b.o ' . .O b.o b.o b.0 b.o b.o Z Z . . . . ' .o b.0 b.° 6.0 b.o b.o b.0 b.0 Z 4 0.0 0.0 0.0 0.0 b.o Luminaire Schedule O D v : : b.0 b.0 b.0 5ymbol Tag Qty Label Arrangement TI Lamp Lumens Lum. Lumens LLF Description Lum. Hatb Arr. HattS Total Hatt5 Filename b.o � � Al 4 OB26 2 @ q00 1500 152 1.000 Quartz Dual Head Bullet Kit - 15H 15 150 300 GBI - L512065.IE5 A2 2 0626 2 ® a00 1500 152 1.000 Quartz Dual Head Bullet Kit - 15H 15 150 300 GBI - L512065.IE5 P A G7E ; ENLARGED PLAN Calculation Summary JEFFREY T. BUTLER,P.E. 15 NOT RE5PON515LE FOR 5AFETY AND 5EGURITY R151<5 DUE TO INADEQUATE LIGHT LEVEL5. 'R01;'05D XT�RI OR L I C t�Tl NC �' Label Description GalcType �nit5 Avg Max Min Avg/Min Max/Min Pt5pcL Pt5pGTb THI5 15 NOT A RECOMMENDED LIGHT LAYOUT. IT 15 A DESIGN BASED UPON THE 5OUTHOLD TOWN GODE - 5EGTION 2 SCALE: I" = 20'-0" GalGPt5 Site Readin 5 Taken at 0'-0" AF6 Illuminance FG 0.06 4.2 0.0 N.A. N.A. 5 5 2aO-129 AND 5UB-6ECTION 172 - EXTERIOR LIGHTING A . o� 1 2 THESE DRAWINGS AND AGCOMPANYIN6 SPECIFICATIONS,AS INSTRUMENTS OF SERVICE,ARE THE EkrLLrIVE PROPERTY OF T14E ARCHITECT AND THEIR USE AND PUBLICATION SHALL BE RESTRICTED TO THE ORIGINAL SITE FOR WHICH THEY WERE PREPARED.REUSE,REPRODUCTION OR PUBLICATION BY ANY METHOD,IN WHOLE OR IN PART, 15 PROHIBITED EXCEPT BY WRITTEN PERMISSION FROM THE ARCHITECT.TITLE TO THESE PLANS SHALL REMAIN WITH THE ARCHITECT. VISUAL CONTACT WITH THEM SHALL CONSTITUTE PRIMA FACIE EVIDENCE OF ACCEPTANCE OF THESE RESTRICTIONS. SOUTHOLD PLANNING POAAI k 3 SITE PLAN APPLICATION FORNNI Site Plan Name and Location Site Plan Name: S IAME~N PA#ftJY Application Date- L12lJK- Suffolk County Tax Map#loon-j - ®lf - ./ Other SCTM#s Street Address: S Hamlet: +�i Distance to nearest intersection: k Type of Site Plan: New Amended`Residential Zoning District Owners/Agent Contact Information Please list nwne,"rntaflin ackh—ess, and phone number for the people below: Property Owner FV-S ,-'cD l4 S ki-C 4i&-: Street . N , LowizeL �I9 � Cua4ur d City State Zip �o �e Other 631- 6 o -60q 2. .Applicant 1"(,+o%CF)Ly1ANA) Street WLJO City r &W' State &Y zip 7® R,6meTe1ephone_b0 -661 - Other Applicant's Agent or Representative: RECEIVED Contact Person(s)* . DEC 2 12016 Street _ __-- _ ZONING BOARD OF APPEALS City --_ State Zip Office Telepl:cane _Other *Unless otherwise requested, correspondence will be sent o,:lt to the contact l)erson noted here. Site Plon Apphemion Form 211 812 01 0 Site Data Proposed construction type: New Modification of Existing Structure Agricultural Change of use Property total acreage or square footage: /sq. ft. '7 Site flan build-out acreage or square footage: ac./sq. ft. Is there an existing or proposed Sale of Development Rights on the property? Yes No If yes, explain: .lam t Does the parcel(s)meet the Lot Recognition standard in Town Code§280-9 Lot Recognition? Y N If"yes", explain(and attach any necessary documentation--title report, subdivision approval, etc.) T Building Department Notice of Disapproval Date: / / Is an application to the Southold Town Zoning Board of Appeals required? Yes No !�O� If yes, have you submitted an application to the ZBA? Yes No (DECEIVED If yes, attach a copy of the application packet. i Show all uses proposed and existing. Indicate which building will have which use�gYwt9fkl4iL proposed per building, indicate square footage of floor area per use. List all existing property List all proposed property uses-_ftj-plPMFIV Other accessory uses: NO Existing lot coverage: _ ___% Proposed lot coverage: Q& % Gross floor area of existing structure(s): 0 sq. ft. Gross floor area of proposed structure(s): Parking Space Data: #of existing spaces- 4 of proposed spaces: 0 Loading Berth.'Yes�No Landscaping Details: Existing landscape cover age _ 0 % Proposed landscape coverage. /o Wetlands: Is this �rc�tzef-t��within SOf�' of tuetland areas Yes _ :yo 1vlaybe � .. ._. I __.. I,the undersigned, certify-,hat all the above M116,rinatioai is;rue. Signature of Preparers r '} ,• Date _ J'ile�Plc�,�!lj�p;rca�.r>;2�r�r;t ?•;,4J?(};� MAILING ADDRESS: PLANNING BOARD MEMBERS SP.O.Box 1179 DONALD J.WILCENSKI .�� t�Q Southold,NY 11971 Chair r' ¢'" '- �t OFFICE LOCATION: WILLIAM J.CREMERS " Town Hall Annex PIERCE RAFFERTY "d YO 54375 State Route 25 JAMES H.RICH IIIr .(cor.Main Rd.&Youngs Ave.) MARTIN H.SIDOR �coyI�T�;�►c Southold,NY Telephone: 631 765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 1, 2016 Mr. William Ackermann P.O. Box 633 Laurel, NY 11948 Re: Request for Information Proposed Amended Site Plan for: Ackermann Agricultural Barn Located at 1350 Alvahs Lane, Cutchogue SCTM#1000-102-4-6.1 Zoning District: AC Dear Mr. Ackermann: To assist the Planning Board in their review of the application referenced above, please provide the following to this department at your earliest convenience: 1. List of all vineyards currently managed by NF Viticulture Services, LLC; including the location (address or SCTM#), total acreage and-acreage of planted vines. If you have any questions regarding the above, please contact this office. Very truly yours, �_. A"Oacjy(% Donald J. Wilcenski Chairman DECd ZONING 0.0ARD E C HU E Nov.4,2016 N EOV0:4 2016 Planning Board Office Town of Southold 60061d Town Re: Request for Information,Ackermann Agricultural Barn,Alvah's Lane Vineyard. Planning Board I am in receipt of your letter dated Nov. 1,which arrived after I submitted information for the file on Nov.3,so please add this to the file also. North Fork Viticultural Services owns,leases and manages a number of vineyards. I grow and sell fruit from my own vineyard,plus grow and sell fruit from leased blocks at other vineyards,and manage/consult for non-leased areas of other vineyards. • Alvah's Lane Vineyard, 1350 Alvah's Lane —I own 23 acres;9 acres in vines,10 more acres to be planted in vines. • Clovis Point Vineyard, 1935 Main Road,Laurel—lease 1 acre, manage 6 acres. • Jason's Vineyard,1785 Main Road,Laurel—lease 11 acres. • Anderson(Onabay)Vineyard,1600 South Harbor Lane,Southold—lease and manage 20 acres (ratio between lease/manage varies by harvest,according to what fruit Onabay keeps for its own wine,and what fruit I sell.) • Hounds Tree Estate,2600 Oregon Road, Mattituck—lease and manage 27 acres,varies as above. • Pindar Vineyards,37645 Peconic—consulting manager for 223 acres,lease varies as above. Pindar Vineyards uses its own equipment; I oversee and direct the vineyard management program. • Lieb Vineyards, 13050 Oregon Road,'Cutchogue—consulting manager plus seasonal spraying services for 90 acres. To summarize,the proposed barn is to store equipment that is used to manage my own Alvah's Lane vineyard, plus vineyards that I lease/manage. I do not own a separate set of equipment for each site because that would be prohibitively expensive;the equipment rotates around in season,and sits in storage in the winter.ALL of the equipment is also used on site to manage my own vines and,property. The equipment will be stored at Alvah's Lane regardless,as I have purchased the property to be a working farm, not as a public service to provide scenery for the neighbors. Equipment in a storage barn will be far more attractive than equipment stored outside or under a large, plastic,round truss-type temporary shelter. Proper shelter will also prevent damage and deterioration to the equipment,which could cause unnecessary expense and create a potential hardship.The ongoing success of North Fork Viticultural Services and Alvah's Lane Vineyard relies very strongly on the equipment being in good working order.A working farm needs a barn. Under section 100-220 of the Southold Town Code,our farm practices are protected from interference by adjacent owners.It also declares agriculture to be desirable,and supported by Southold Town. Denying a barn to shelter essential equipment that is used on-site would be in direct conflict with this. Furthermore,the Land Preservation Committee,which deliberates on appropriate uses for preserved land, has already assessed our proposal and approved in writing the basic principle of having a good- sized storage barn on this site.Section 25-30 of Chapter 25 of the Southold Town Code explicitly states that land in agricultural production shall include equipment storage buildings, and there is nothing in the law about development rights sold,land that prohibits a storage barn.(see attached from Land PreservatioCn, ). ��v Regards. ' RECEIVED William AVS, LLC. DEC 2 12016 ZONING BOARD OF APPEALS _ 1 MAILING ADDRESS: PLANNING BOARD MEMBERS `OF sa �oP.O.Box 1179 DONALD J.WILCENSKI �� r �� ` Southold,NY 11971 Chair U OFFICIO LOCATION: WILLIAM J.CREMERS ', Town Hall Annex PIERCE RAFFERTY %'� a4� 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Cow, Southold,NY Telephone:631765-1938 www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 7, 2016 DEC 2, 12016 Mr. William Ackermann P.O. Box 633 ZONING BOA!,Rt)OF 40pFALS Laurel, NY 11948 Re: Public Hearing Held Open — Proposed Amended Site Plan for the Ackermann Agricultural Barn Located at 1350 Alvahs Lane, ±1175' n/w/o NYS Route 25 &Alvahs Lane, . Cutchogue SCTM#1000-1000-102-4-6.1 Zoning District: AC Dear Mr. Ackermann: A Public Hearing was held by the Southold Town Planning Board on Monday, October 3, 2016 regarding the above-referenced Amended Site Plan. The Public Hearing was held open. To further help the Planning Board in their review of the application, please provide the following: 1. A floor plan schematic showing tractors and farm implements in building as discussed at the Public Hearing. Any space in the building not used,for storage must be appropriately labeled on the plan; 2. Detailed drawings showing second floor and/or loft and their proposed use; 3. A list a of chemicals/herbicides/pesticides proposed to be stored in the building; 4. Number of truck trips per day/week for the proposed business and deliveries of supplies. The next Public Meeting of the Southold Town Planning Board will be held on Monday, November 7, 2016 at 4:30 p.m. 1 ' Ackermann Aa Building P a g e j 2 October 7, 2016 If you have any questions regarding the above, please contact this office. Very truly yours, r Donald J. Wilcenski Chairman O� RECEIVED Appr EALS SUBMISSION TO PLANNING BOARD LNO0 32016 1350ALVAH'S LANE BARN-NFVS,LLC./WILLIAM ACKERMANN South6 16 '1'own Planning Board RE:PUBLIC HEARING To address the concerns raised at the public hearing on Oct.3, 1 offer the following information: • First, it is important to understand the operations of NFVS.We manage our own 23-acre Alvah's Lane site,plus vineyards that we effectively lease to grow fruit to sell,as well as vineyards owned by others.To do this,we use equipment such as sprayers,tractors,hedgers,netters, mowers and bins. In the growing season,from early spring through late fall,such as right now, the equipment is out in the fields.It is moved around to the different sites as needed.We do not own a full set of equipment for each site.When not in use,it either remains on site,or will be in the barn. In the winter,none of the equipment is In use and it all needs to be under cover.This equipment represents a large investment for the company,and it cannot be left outside.So far, we have been leasing barn space month-to-month,but this a temporary solution at best. • Size of barn—7,142 sq.ft.This barn,including the loft,is for storage only.The size is necessary to accommodate the equipment already owned by NFVS,as you can see on the schematic provided.The lot coverage relative to the size of the property is very small.The Alvah's Lane property was purchased primarily to build this barn for agricultural use,as well as to generate income from the vines.The equipment owned by NFVS is typical for managing any vineyard,so _even IF we were only managing our own vineyard on this site,we would STILL need this barn and the equipment.Any serious agricultural use on this 23-acre property requires a good-sized barn. • Daily use of barn-There is no regular day-to-day activity taking place,such as processing.Our field workers will not park there, because they park at the vineyard sites where they work.We do not provide transportation.The field crew will only be there when they are working on the Alvah's lane vineyard itself.NFVS Chemicals such as pesticides are delivered roughly every ten days in the summer,as needed,and used immediately,not stored in the barn.The truck and trailer will make one or two trips to the barn a week. So,there will not be much daily activity at the barn. • Style of barn—We are using a reputable barn-building company,and the style and colors are attractive,traditional,and in keeping with the rural nature of Alvah's Lane and the North Fork. • Location of barn—We considered all the possible locations on the property very carefully, including impact on the neighbors,and this is the best site.We need a level,well-drained area that has safe access to Alvah's Lane.The selected location is level,with open visibility up and down Alvah's Lane to facilitate safe ingress and egress.This area also has a buffer of vineyard between it and the neighbors to the south and east,and is furthest from the neighbors to the north.The other sites are not as suitable.The northwest corner of the property has a steep slope,and poor visibility to the road, making ingress and egress extremely unsafe as 1 reported to the Planning Board in the previous meeting.Any other location for the barn would also be much closer and far more visible to the adjoining neighbors. A _ y��l�►✓jfVED DEC BONING BOARD OF APPEALS TFOLIr ELIZABETH A.NEVILLE,MMC aZ® Town Hall,53095 Main Road TOWN CLERK P.O.Box 1179 Southold,New York 11971 REGISTRAR OF VITAL STATISTICS Fax(631)765-6145 MARRIAGE OFFICER �� e' Telephone(631)765-1800 RECORDS MANAGEMENT OFFICER ®,t www.southoldtownny.gov FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: December 27, 2016 RE: Zoning Appeal No. 7037 Transmitted herewith is Zoning'Appeals No. 7037 for Interpretation of Proposed Use of the Ackermann AG Barn-The Memorandum from Members of'the Planning Boards to the Members of Southold Town Zoning Board of Appeals.,Also enclosed is the Southold Planning Board Site Plan Application Form, A Letter to Mr. William Ackermann from Donald J. Wilcenski Requesting Information, A Response Letter to the Planning Board from William Ackermann, A Letter to Mr. William Ackermann from Donald J. Wilcenski Regarding a Public Hearing,Held Open for the Proposed Amended Site Plan for the Ackermann Agricultural Barn, A Letter in Response to the Public Hearing from William Ackermann to the Planning Board, Drawings of Proposed Ackermann AG Barn,,and the Site Plan. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 12/21 /16 ZBA# NAME -CHECK# AMOUNT TC DATE STAMP Planning Board Town of NO CHECK NO CHECK Southold re: INTERNAL INTERNAL RECEIVED 7037 Interpretation of FROM FROM proposed use Ackerman PLANNING PLANNING 201 AG Barn BOARD BOARD DEC Southold Town Clerk By_lc_ Thank you. u"> i` ,1' rr" 'In,,,>f,. qy.•le L 4r", rt "t• 1{,,,.: �'rw,.�r t• • %' `J . ' •'tl' '�,' ,t.•',' I' ,1 '! •vll:; D�.,r" - �` ,i°1,•,h,> �.�-:�r',1� ��r/t.� ��ff•1' r II ./;i1' �,5;-4'",•:Y I , > ':•.hr,r"'y •r"J,r ,f`, . .. .., 'q`',I, ,. 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Ss-.', .v, `"?'"ryys'S'�,,., .:A. .._'I`'I .v', 1}..r Y SUN. ., '{' �r kf° u6 Y94 ��1 UPfit GN- r tT ' F01'Z TFI E GAs,r L'ND U E U E NOV 2 2016 " a November 18,2016 Sauftld Town p Planning Board Chairman Donald WilcensId& �✓� Members of the Planning Board ° Town of Southold n P.O.Box 1179 Southold,NY 11971 •2 Re:Ackerman Agricultural Barn(SCTM#1000-102-4-6.1) Dear Chairman Wilcenski and Members of the Planning Board: s On behalf of Group for the East End,please accept the following comments regarding the Site Plan Application known as"Ackerman Agricultural Barn." The proposed plan calls for the construction of a 7,142 structure on a 22.8-acre property from which the'Town of Southold has purchased the development rights. Upon review of the Town's planning file on the subject application,it is clear that there is much debate regarding the proposed structure's use and whether it's permitted on this particular site. Specifically,whether the equipment and other agricultural materials could be stored on site, however used to service other sites throughout the Town. ° ` In our understanding,the Town Code,nor the development rights easement specifically prohibit$this use. We respectfully request that the Town of Southold provide clarification on whether the intended use is appropriate for land in which the development rights have been sold. This particular situation is likely to occur In the future. In order to protect the Im integrity oftheTown's agricultural land preservation strategy it is prudent to develop policy and standards moving forward. Additionally,if the Planning Board is inclined to approve the application as proposed,we strongly suggest that the Planning Board consider whether the proposed structure is an appropriate size and In the appropriate location on the property. Many community members have raised fair concerns regarding the preservation of the view shed, , Thank you for considering my comments. Please contact me at your convenience should 31' YS you have any questions or concerns. 1 can be reached at(631) 765-6450 ext.211 or at �� ',¢, �, . .�1 jh�Er�,E��Eh�.`I(C?�f.?iTSI,1k11(jC°EI'Jlf•rlEliticTlr•1)E•l;• p/ s. rxrl"i � i V Jcnn Hartnage A, <� jLij Sr.Environmental Advocate �°� 1 �� 1 � '•Q °f�f� �t y L Go " : earthfeet goo meters 2a0 N FV9 LAK P- &`�f) 135-0 ooflq ' t-�N P/4eoSe a WFICE LOCATION: MELISSA A.SPIRO Town Hall Annex ND PRESERVATION COORDINATOR 54375 State Route 25 melissa.spiro@town.southol(Lny.us (comer of Nfidn Rd&Youngs Ave) Southold,New York Telephone(631)765-5711 ]Facsimile(631)765-6640A AE41LING ADDRESS: - P.O.Box 1179 SoutholdNY 11971-0959 (DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD REQUEST FOR AGRICULTURAL STRUCTURE PLACEMENT ON LAND SUBJECT TO MWN DEVELOPMENT RiGHTS EASEMENT Tax Map No. 1000- I am the owner of the property described below and on which the Town purchased a development rights/conservation easement on or about (date). Name of Owner(please print): Name(s) of previous owner: 1 114V 1601bly S. (if applicable) Mailing Address: o35 0-wv�d' I 2V 01q V Phone Number: oc)- Kd6719 24 201 e-mail Address: zY r V 4S, 4S i 2° UFPT�Orflu� Property Location: tam [,I "C4"rj!'jul ' lov List type,size,and use of each agricultural structure proposed: jiglavr/u ( pe e_ A I 12, Mfo L X 14C:of ' Attach location man (survey, tax map, or sketch plan) showing placement area of agricultural structure(s), distance from property boundary lines,and any readily available information relating to your request. You may talk with the Coordinator at (631)765-5711 to discuss questions or to arrange to participate in any of the regular meetings of the Land Preservation Committee Applicant Date Please return the completed form with attachments to; Town of Southold-Land Preservatlon Department *All attachments must be signed and dated by property owner. Not= IV Pkdo mdom SM pik;h pool Scud cmd 02tlmn 0*4 mmw Fbof ri Cammtb Fmory mvAw== PMX Ph=2 I ;-I --------------- J1 Ely pum,p rkovsE leo T- FOR INTERNAL USE U.Nt_. je r' Ai � � �� ;s SITE PL - initial determination � / - D ate Sent:_�_ �_ JL Project i\fa �, { project Address �� Suffolk Ct3llnt5f i�Xi lap i�o.:'[gOor — —w-_ -= of Building Permit Api�lic��tion and supparOn9 ccumentation'as$o (Note: Copy should q posed use or uses 7 r.>l�� inifial Determination as $cx whether use is------------------------ ---`' - _ 1 r i�iti a4 IIeterryination as to whether site P _----- signa ure planning II pah.-fnen${i'.D.} De ed p-D_Date Receiv : Date Of Co f ratrx►er�t - � l' I e'ni tannin�� off Reviewer Filial . etej,t[jitatiotl D ecision___ FOIA NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOU.THOLD N Y_ NOTICE OF DISAPPROVAL BATE: June 7,2016 TO: North Fork Viticultural Services LLC PO Box 633 Laurel,NV 11948-0633 Please take notice that your application dated May 2,2016 For permit to construct an agricultural building at Location of property: 1350 Alvah's Lane,Cutchogue,lam' County Tax Map No. 1000—Section 102 Block 4 Lot 661 3 Is returned herewith and disapproved on the following grounds: The oroposed-=„se reouires site clan annrolml f-om the Southold To%;n Pianii.in--Beard. rized Cc:File,planning ��` Town of Southold MRI?CONSIS3'ENCY ASSESSMENT FORT I A. INSTRUCTIONS L All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its sianificant beneficial and adverse•er'fects upon the coastal area(which,includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or"no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supportingfacts.acts. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places:online at the Town of Southold's website (southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCREMON OF SITE AND PROPOSED ACTION SCTNM 4 _ ,1 PROJECT NAMM &FV S tom. 6 tL AA A P q 13A 0-,J The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. Y Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction,planning activity, agency regulation,land transaction) (b) Financial assistance(e.g.-grant,loan, subsidy) (c) Permit,approval, license, certification: Nature and extenf of action: I i�= T �� . = of s - _ — `�'`.— 'E,w_y�. •�+�� _ _ .___ —__ —— —' t �_�� .. _ _Y-__ . _ -- -�..-.. --_. .,_..-,. � - t-,- -- -_� —__ -- - --- --'�;ik��-�n; �'="etc� .,.. . : _ ._.. -~`- _-.- .._ ♦?i. `til' . . <-� i`. . _.__�---'_-_._—_-----= - -_. . ... 'li: .. .�. -�i�, _ .- f� '` � � t:J Ketz . Datsei - 9 TI POr AM -k I OODollars Fes far izaa 16-' for Fay for ED fG�'ekpme-n,pm� Dl NAU`me!Plamm LF-_l ancy Building Deparimenr C,Tun iy No. 'a ON-Seed a da 6. is rebamed hat-t-with and disapproved on riho f'ollowing grounds: -–------—----------- ----–––---------- CC:F-le,pjannjc, TV'k OFFICE LOCATION: � R%.It��A A. 51�1{RO res ; Town Hall Annex LAND PRESERVATION COORDINATOR �� 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road&Youngs Avenue) ' # Southold,New York Telephone(631)765-5711 Facsimile(631)765-6640 �� MAILING ADDRESS- . P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD �o� .March 7, 2016 William C. Ackermann Borth Fork Viticultural Services, _LLC P.O. Box 633 Laurel, NY 11948 'Re: Request for Agricultural Structure Placement an Land Subject to Town Development Rights Easement SCTM#1000-102.-4-6.1 Dear Mr. Ackermann: At its regular meeting held on March 1, 2016, the Land Preservation Committee members, in accordance with Section 25-50 C. (2) [3] of the Town Code, reviewed the request you outlined in an application dated 2124/16, for an Agricultural Barn and an Agricultural Pump House. A partial survey (undated) with a hand-drawn sketch of the approximate location, elevation drawings (undated) and floor plan (undated)were included with the application. The materials presented with the application include a floor plan, with notes within a box shown on the floor plan pertaining to the building construction and the following in regard to the building uses: a. Equipment Storage This use is shown as being within the larger part of the"L'shaped Barn building. b. Workshop wl Small Bath This use is shown as being within the smaller part of the 1shaped Barn building. c. Garage wl Office Above This use is shown as being within a proposed extension to the Barn Building. It is handwritten on the plan that this area is proposed if adjacent lot is purchased and lots merged. d. Home in Phase 2 This use is noted within the "Notes"section; however, the location for this use is not shown. e. Pump House: Chemical Storage, Fuel Storage & Irrigation.System Shed This use is shown as within a separate-building. JID During meetings we had prior to the Committee review, you clarified that the"Home in Phase 2" was not proposed to be located within the area subject to Town Easement, and would be proposed only on an adjacent 0.ME acre lot known as SCTM# 1000-102.-4-9.1.This lot is not subject to Town Easement, and you are looking to purchase and merge this property with the property subject to easement. If the purchase and merger occur, you are proposing to construct the house, and to attach same to the Barn/Workshop area, by constructing the additional building area shown as proposed"Garage w/Office Above." Due to the fact that the"Home in Phase 2" is not proposed within the area subject to Easement,the Committee did not review the"Home in Phase 2." In addition, the proposed"Garage w/Office Above"was not reviewed or approved, as this part of the structure is not part of the current application since the adjacent lot has not been purchased or merged with the subject property. The Committee's review consisted of review of the"L"shaped Agricultural Barn building (estimated from floor plan as being a building of approximately 96t'x 47' and 41'x 40) and the separate Pump House structure (16'x 20') shown as including the following uses proposed for agricultural purposes: © Equipment Storage. a Workshop w/Small Bath © Pump House: Chemical Storage, Fuel Storage& Irrigation System Shed The recorded easement for this property restricts the use of the premises exclusively for agricultural production as defined in Chapter 70 to the Town Code. Section 25-50-C. (2)[3] requires that the Committee serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. The Land Preservation Committee members concluded their review and found that the agricultural uses described above, shown as located within the "L'shaped Barn building and' the Pump House, are agricultural uses consistent with the purposes and other terms and conditions of the recorded easement. Please note that the Committee's approval of this use within the easement does not mean that such use or buildings will be approved or permitted by other departments or agencies.The Committee's approval allows you to proceed with pursuing any applicable approvals that are required by Town Code, If you have any questions, please call. Sincerely, Melissa Spiro Land Preservation Coordinator enc.: application w/attachments cc: Building Department w/enc. Planning Board w/enc. r I { i E 14'Plato Hof 9/12 Pitch Root Board and Bettan siding - I -Motel Root If / •� F -Concrete Floors r•.•..-•^-'•..-•-' ✓ inauiatedF:oera,Walls.Wing { •�v Eq�ranY�aaa9 � -ProFo�J P.nd�.ani Mtat � -SVor�3nPwrSmcelOmh✓ r .13ro wf Offxe Abut» Pnaa2 � i r r �. -------------- - �- DW, 1 k Y I'r h ~t, t� $t�Be I I Llr.lemr Pump ,jOVSE oPos t �' P2 zAr OT- I S w�-t-fn�JS•� ori f__ OFFICE LOCATION: MELISSA A. SPIRO ,¢I v�� 0 Town Hall Annex LAND PRESERVATION COORDINATOR Cj /� '54375 State Route 25 melissa.spirol@town.southold,ny.us (corner of Main Road&Youngs Avenue) Southold,New York Telephone(631)765-5711 �' c Facsimile(631)765-6640 MAILING ADDRESS: 'COU y P.O.Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD March 7, 2016 William C.Ackermann North Fork Viticultural Services, LLC P.O. Box 633 Laurel, NY 11948 Re: Request for Agricultural Structure Placement on Land Subject to Town Development Rights Easement SCTM#1000-102.4-6.1 i Dear Mr. Ackermann: is At its regular meeting held on March 1, 2016, the Land Preservation Committee members, in i accordance with Section 25-50 C. (2) [3] of the Town Code, reviewed the request you outlined 1 in an application dated 2/24/16,for an Agricultural Barn and an Agricultural Pump House.A I ' partial survey undated with a hand-drawn sketch of the approximate location, elevation ' p Y ( ) pp drawings (undated) and floor plan (undated)were included with the application. The materials presented with the application include a floor plan, with notes within a box shown f on the floor plan pertaining to the building construction and the following in regard to the building �j uses: C.tl(Z 2 E nrfA;?� ---;>a. Equipment Storage "=k? per,p us/aThis use Is shown as being within the larger part of the"L" shaped Barn building. b. Workshop w/Small Bath This use is shown as being within the smaller part of the"L" shaped Barn building. I A„ CAAtA_i K c. Garage w/Office Above 1i? This use Is shown as being within a proposed extension to the Barn Building. i? /12N wc�r, it is handwritten on the plan that this area is proposed if adjacent lot is purchased and lots merged. d. Home in Phase 2 This use is noted within the"Notes" section; however, the location for this use is not shown. (aPiotc.tA r 4,rF j ,v.T 7015 P90i.{LTAf e. Pump House: Chemical Storage, Fuel Storage & Irrigation System Shed This use is shown as within a separate building. I J. L OFFICE LOCATION: MELISSA A. SPIE Town Hall Annex LAND PRESERVATION COORDINATOR = 54375 State Route 25 melissa.spiro@town.southoldny.us -=` - (comer of Main Road&Youngs Avenue) Teiephhonc(631j765-5721 y _ j _ " Southold,New York Facsimile(631)765-6640 MAILING ADDRESS: P.O.Box 1179 Southold NY 11971-0959 DEPARTMENT OF LAND PRESERVATION 'I'®�1®F SOIJTH®Y..D March 7, 2016 William C. Ackermann North Pork Viticuitural Services, LLC P.O. Box 633 Laurel, NY 11948 Re: Request for Agricultural Structure Placement on Land Subject to Town Development Rights Easement SCTM##1000-102.4-6.1 Bear-Mr.Ackermann: At its regular meeting held on March 1, 2016, the Land Preservation Committee members, in accordance with Section 25-50 C. (2) [3] of the Town Code, reviewed the request you outlined in an application dated 2/24/16, for an Agricultural Barn and an Agricultural-Pump House. A partial survey (undated) with a hand-drawn sketch of the approximate location, elevation drawings (undated) and floor plan (undated)were included with the application. The materials presented with the application include a floor plan, with notes within a box shown on the floor plan pertaining to the building construction and the following in regard to the building uses: a. Equipment Storage This use is shown as being within the larger part of the "L" shaped Barn building. b. Workshop w/Small Bath This use is shown as being within the smaller part of the V shaped Barn building. cc. Garage wl Office Above This use is shown as being within a proposed extension to the Barn Building. It is handwritten on the plan that this area is proposed if adjacent lot is purchased and lots merged_ d. Home in Phase 2 This use is noted within the"Motes" section; however, the location for this use is not shown. e. Pump House: Chemical Storage, Nuel Storage& Irrigation System Shed This use is shown as within a separate building. 1 Southold Planning Department Staff Report Site Plan Application Work Session —Completeness Date September 12, 2016 Prepared By: Brian Cummings I. Application Information Project Title: Ackermann Agricultural Barn (formerly"Belle River Properties") Applicant: William C. Ackermann Date of Submission: August 29, 2016 Tax Map Number: 102.-4-6.1 Project Location: 1350 Alvah's Lane Hamlet: Cutchogue Zoning District: A-C ll. Description of Project Type of Site Plan: Agricultural Acreage of Project Site: ±22.7 acres Town Development Rights; Building Size 7,142sf This Amended Site Plan is for the proposed construction of a 7,142 sq. ft. agricultural storage barn on Southold Town Development Rights land; 22.3 acres in the A-C Zoning District, Cutchogue. III: Completeness Review See attached checklist for Site Plan Requirements. IV: Analysis 1. Existing: planted vineyard and pasture; Expired site plan for Belle River properties (March 2015)for horse barn and stables;- 2. Proposed: ±7,142 "equipment storage and warehouse" building with a proposed area of disturbance of 26,702sf; Staff: the language used for the type of use should be removed from the site plan and provided as agricultural storage building (which is what is permitted on site); the storage building must be accessory to active agricultural uses on site and cannot be used for general storage or warehousing; 3. SEAR: Type II -Agriculture 1 617.20 Appendix C State EnvilronmenW Quality Review SHORT ENVIRONMENTAL ASSESSMENT'FORM X03'1 For UNLISTED ACTIONS Only PART 1-PROJECT INFORMATION (To be completed by Ap iicant or Project S onsor) 1. APPLICANT/SPONSOR 2. PROJECT NAME g"I. Ap V R/J 3- PROJECT LOCATION: -- -- --- --- -- --- -- - ------ --------- -- ----- - --------------- -------- --- --- Municipality County -- &. PRECISE LOCATION(Street address and road intersections,prominem landmarks,atc,.or provide map) 9,3AW �` L-f�W09-. e gg S t D tF 0 yF J- }-? 9 FPW I ef 00 E� lA�'!!!7 �'h.P te -fJ �re-ff O(q V9- 5. 5. PROPOSED ACTION IS: �] New Expansion 11 od;8cationlalteratmn or- rove of Si` 6. DESCRIBE PROJECT BRIEFLY: So.kjor@ &j6g � ��b� o 7zwop 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately �o _ acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? fes ® No If No,dam-ba briefly 9. LVrLkT IS PRESEN'T LAND USE IN VICiNiTY OF PROJECT? 2Restdential 0 Industrial F-1 Commcmw Agricutture ®ParktForesUOpen Space ❑ Other Describe: PIZO PR-1-ti IS D 0Af e- VeN S 4ND PA- 1 2Ca S 0r1 VVCj A IS P AND P—kC-S i jD5^jo 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? Yes No If Yes,list agency(s)name and permitlapprovals: 11. DOE ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes No If Yes,list agency(s)name and permittapprovals: . is Is & rs-Aw"e fl- Som^ � e� P� vs � 8'f soyqtot-b -ro WN M-omwa,-J4 . 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMI DAPPROVAL REQUIRE MODIFICATION? 4ias 11 No 1 CERTIFY THAT TETE 1NFORMA-PON PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOkLLEDG ApplicariUsponsor njrre: Date: Signature: /K V V11 If the action is in the Coastal Area, and you are a•state aency$ complete this Coastal Assessment Form befoee proceeding with t is assessment OVER r..._.- .-...... iiAt POO— y 0. . YO'KeV! SOV-, ROjdr-C V-7n-'Ker-dependent uses 2nd pronnote sting of new water-drerendent use=s in suet lhk'OeFIt'zQ3 w. SeeLtiVOIRP Sectiona .rshh— d2heles4 Fnges 0 thn•ouah 56 n � g12 r � i{ v- �.:'Y`s�33`�'i�P_ C..9 Ce1rn. I 9, p Yes F1 hto Not 'ppl-k6able Attach additional sheets if necessary tir��z ^t o +x-�gss^tiaSUM�nir�r�'a ase yr°9`z u'r34%'r, °g ',.a y"C a see atm ^ar gCa •im'� ('G2]aA Sa the "t''..i'�. aha¢' c3��`al"v -�� l: - _e4L cc;> albl-ase b h _ g - ari-L., es!Ou c�-= ,Ong_ Sbs,,._ s.,__s..9 . o---- 3� �L -rad -w; (Awa-' �a See D Jit Sea�} �e� _ t�,�e57 _g-- �° Ja' °o �:~ a 17 Yes -1 No 1:01,,-lot'Applicable Attach additional sheets i_°necessary Po�icy 1,2. Frnitect agricul,iura! 4a ds in On To 7-nn- of Southold. See LMR?3eclddn =I—Follicies9 tinge' G,2 �� Yes F-1 li€ LJ Not Assplicable a`weAf . l'it ,3 }fGF" z ��!? t 'I lC Y"-r.0 jTv.'� bu v ; { _^ ..S}`'%Jnq n Attach additional sheets it necessary Policy :-Promote dappr opr ifue use and de-vr6l pp-maemt of P-Re=o r fang gi-niner al r esoua zeS. See n.AVIRP Sector �,_„�—�oftlesg -Pages 65 through 68 for evaluaa ioal criteY=u. 1 1'es F-1 No [2�4'!,,at Applicable PREARE PD B Yi � f j�� yY� ` f t,:��+,'�. `{r� .". L � 6 A�g'L /� r.�✓�1 I ISi __-___•- f , ice! - Location of action: ArI-V?A R!� Alye A c q-r C,lT o j�; UE Site acreage: Present land use: RrA tf i;A� + Ur e- t Present zoning classification: A 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: W#&AIAM ACKFAAAANN (b) Mailing address: P,®o B o'�(- �j a� L A LA ff l- /'II 1 l 9 LI9 (c) Telephone number_Area Code( ) ` �' o —6 OctIt �. (d) Application number,if any.- Will ny:Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No Rr Ifyes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Rest Management Practices that will further each policy. I_vncomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space,snakes efficient use of infrastructure,makes beneficial use of a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. RfYes ❑ No ❑ Not Applicable .��c.uf a� �� Ala�� g�� 11�' ics, + �_ ��°�sces rrs�c _ o�a� Sit in ea&,reA , ��- ,� Jt eEi P 'Y Attach additional sheets if»cc -ss aA Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See L'WRP Section ffi-Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No Not Applicable Southold Planning Department Statf- Report Site Plan Application Work Session —Completeness Date September 12, 2016 Prepared By: Brian Cummings I. Application Information Project Title: Ackermann Agricultural Barn (formerly"Belle River Properties) Applicant: William C. Ackermann Date of Submission: August 29, 2016 Tax Map Number: 102.-4-6.1 Project Location: 1350 Alvah's Lane Hamlet: Cutchogue Zoning District: A-C II. Description of Project Type of Site Plan: Agricultural Acreage of Project Site: ±22.7 acres Town Development Rights; Building Size 7,142sf This Amended Site Plan is for the proposed construction of a 7,142 sq. ft. agricultural storage barn on Southold Town Development Rights land; 22.8 acres in the A-C Zoning District, Cutchogue. III: Completeness Review See attached checklist for Site Plan Requirements. IV: Analysis 1. Existing: planted vineyard and pasture; Expired site plan for Belle River properties (March 2015)for horse barn and stables; 2. Proposed: ±7,142 "equipment storage and warehouse" building with a proposed area of disturbance of 26,702sf; Staff: the language used for the type of use should be removed from the site plan and provided as agricultural storage building (which is what is permitted on site); the storage building must be accessory to active agricultural uses on site and cannot be used for general storage or warehousing; 3. SEAR: Type II -Agriculture I Southold Town Plan, Board Page 127 October 3, 21; 1 w r { Chairman Wilcenski: So there are three on each side? -51 William Ackermann: Yes, plus windows. James H. Rich III: The elevation shows four? ';' Heather Lanza: Or five? William Ackermann: There is a sliding door in the middle so that I can drive through it and then close it up. Chairman Wilcenski: So there are actually five doors? = William Ackermann: If you want to count the sliding door, yea. Chairman Wilcenski: Okay, alright we have a'couple of questions. What are the intentions for the proposed use of the land? William Ackermann: The land itself or the barn? =� _ Chairman Wilcenski: The land. William Ackermann: The land itself, it's a vineyard now and it's going to stay a vineyard. Chairman Wilcenski: Is it your vineyard? William Ackermann: Yeah. Chairman Wilcenski: Okay. a Y William Ackermann: There's roughly 8 acres of vineyard, the rest of the parcel, its 22.8, is ndt-conducive to putting-a-vineyard on. So it'll just be grass. Chairman Wilcenski: So 8 acres of planted vines and 22 acres of- William Ackermann: Its 22.8 total, of which 8 are vines, and then there is buffer area too, I don't know how you want to count that. Its 22.8 acres in total. Chairman Wilcenski: Okay. Anybody else have any questions? Heather? Heather Lanza: I do. There are just a couple things we want to have for our record. One of the questions was, we see that the company is called North Fork Viticulture Services, and that is actually the address of it, do you intend to run the business out of this building? William Ackermann: It's where I am going to store the tractors at. " raouthold Town Plannin yard Page 128 October 3, 2016 Heather Lanza: You are only using it to store tractors? 0 r iti f - William Ackermann: That's it, there's nothing else that needs to be done there, tractors and implements. I would rather have implements stored inside the barn than rather ;; V unsightly outside of the barn, that's one of the main reasons. tNJ�. Heather Lanza: Is that the reason for the size of the building, the quantity? William Ackermann: I actually did a schematic, I can forward it to you if your need it, of a footprint to show where all the pieces would fit. I still don't have room for all the implements and things I want to keep under rooves so they are not damaged by weather and what have you. I'd prefer they weren't outside, just kind of randomly sitting around. Heather Lanza: That would be good to provide that to the Board. William Ackermann: Sure, okay. Heather Lanza: How about the two driveways? Normally we like to see one curb-cut, did you have a reason why you wanted the two driveways? William Ackermann: Just because the ease of just driving, all it is, is a u-shape, that's all. There are a lot of houses and other- I don't want to be coming in and out of there onto Alvahs Lane, backing out if you will, I'd rather turn in and make it a safer way to get in and out. If you're familiar with the property up on the north side there is a hill, and quite frankly people do come down ther&;`not necessarily:at the speed they should, and so I just felt that it was safer to have it on the flat area where everybody could see comings and goings, whether north or south. Heather Lanza:-Okay. The building has dormers, are you intending to add a second floor? William Ackermann: No, we have very light, you're probably familiar with them, picking baskets and picking bins and things of that nature, and I just wanted to make use of some cubic space. Heather Lanza: So there is a second floor? Or not? William Acker,aann: It's a loft, it's just a loft above a barn. No access from outside. Heather Lanza: Is that in any of the materials we have? William Ackermann: Any of the materials, what do you mean? Heather Lanza: Like the drawings or anything, because I didn't notice that, but it could be that I aidn't notice that we had it. That there was going to be a loft? I see a floor- William Ackermann: I gave you the floor plan and the detailed drawings. 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Ilatr,4Supply Deaverles esti atod al rrdnlmum two wook Intervals during growing season Ilmn4: Trucks arWorTmIlar hips no mom then once or twice porwook w � . \ .~^=.-- -----^--- � -- ^ { / OCT 21 2016 Southold To,.,.n Pialln-vo Board Back-Facing East Double Sliding Doore — Equipment Storage Doors pmyEqupmen . ft Storage . | �= = Doom ^ ~^~`�—~~ow^ ��'m*��* �"�==�� / ` ' ' Supply Deliverfea estimaled at rdnlnwm==*^�==� 14: Trucks ancilor Trailer trips no mom than," | ' � 2 GMC 3500 Denali Heavv,n,ity pickup trucks (25x8.6`) 2 trailers (30x8.6 ) 4 Utility Trailers (17x8.6') 1 Kubota L6060 Tractor with loader and a plow (22x8.6') 1 Kubota L4400 Tractor with loader (17x8.6 ) 2 Kubota L6040 Tractors with Rotary Mowers (22x8.6') 3 Kubota L7040 Tractors with LIPCO Sprayers (25x8.6') 3 1 Kubota ID5500 Tractor with CIMA Sprayer (25x8.6') Z Herbicide (8x6') 2 Vicon Spreaders (8x6') 3 Flail Mowers (8x6') 2 Hedgers (8x6') 1 Leaf Remover (8x6') 1 PTO Wood Chipper (12x6') 1 Chipper and Vac (18x8.6') 2 Post Pounders (8x6') -,-.?Southold Town Plannin_ )ard Page 128 October 3, 2016 ®� Heather Lanza: You are only using it to store tractors? 1" William Ackermann: That's it, there's nothing else that needs to be done there, tractors r' and implements. I would rather have implements stored inside the-barn than rather unsightly outside of the barn, that's one of the main reasons. Heather Lanza: Is that the reason for the size of the building, the quantity? William Ackermann: I actually did a schematic, I can forward it to you if your need it, of a footprint to show where all the pieces would fit. I still don't have room for all the implements and things I want to keep under rooves so they are not damaged by weather and what have you. I'd prefer they weren't outside, just kind of randomly sitting around. Heather Lanza: That would be good to provide that to the Board. William Ackermann: Sure, okay. s Heather Lanza: How about the two driveways? Normally we like to see one curb-cut, did you have a reason why you wanted the two driveways? William Ackermann: Just because the ease of just driving, all it is, is a u-shape, that's all. There are a lot of houses and other- I don't want to be coming in and out of there onto Alvahs Lane, backing out if you will, I'd rather turn in and make it a safer way to get in and out. If you're familiar-with the property up on the north side there is a hill, and quite frankly people'do come down there,-not necessarily at the speed they should, and so I just felt that it was safer to have it on the flat area where everybody could see comings and goings, whether north or south. Heather.Lanza: Okay. The building ha's dormers, are you intending to add a second floor? William Ackermann: No, we have very light, you're probably familiar with them, picking baskets and picking bins and things of that nature, and I just wanted to make use of some cubic space. Heather Lanza: So there is a second floor? Or not? William Acker,aann: It's a loft, it's just a loft above a barn. No access from outside. Heather Lanza: Is that in any of the materials we have? William Ackermann: Any of the materials, what do you mean? Heather Lanza: Like the drawings or anything, because I didn't notice that, but it could be that I aidn't notice that we had it. That there was going to be a loft? I see a floor- William Ackermann: I gave you the floor plan and the detailed drawings. • as' Attacb additional sbeets if nece-s ark Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes ❑ No ❑ Not Applicable e3w ea 0t�°cY �j>°e/E iu1a ab%A •y Ay- slcl t c-P 4k GtM•e-,, elk& i 3i 8-i ag n � �l�Y6 r 1 �- �Gz: c �Yi� �p n�.�L �P Afl IOC1d.i/�•� iG�P�.I- dtr/�l Sttuez � �.Te° /Q��!' C��,/�� , ''f''� rr''��a� t"i FR► �[�I'LL .� '� tgs��'� n&-t-1- .2 iae 01V0,0A� /7r`0ea& SMI UL 'TA/�&W a3JS1 T a Attach additional sheets-if n ary 44 i e►.1le.4. n e ce NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑Yes ❑ No VNot Applicable 4 µ Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section M —Policies Pages 16 through 21 for evaluation criteria ❑Yes ❑ No VNot Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section 1I1—Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes ❑ No VNot Applicable 4. Code requirements / Bulk Schedule (AC): a. Lot Coverage i. Maximum: 20% ii. Existing: 0% iii. Proposed: 0.718% b. Setbacks for the.proposed building (AC) Required Provided Front yard 60' 60' Side (SE) 20' 228' Side NW 20' 45 comb) 251' Rear yard 75' 671' c. Parking: none proposed. This building is for owner use only; (also as required by Town Development rights easement). i. Two (2) 28' wide curb cuts to Alvah's Lane are proposed d. Drainage: three (3) 8' x 10' deep leaching pools e. Exterior lighting: photometric plan provided on sheet two (2) of the site plan; f. Exterior Signage: none proposed /specified; V: Staff Recommendations 1. It is recommended that the application be found complete for review to begin the coordination process; 2. Set public hearing for October 3, 2016; 3. Classify action as Type II under SEQR because this is an agricultural operation; 4. Send referrals to CFD, Town Engineer, ARC, LWRP, Land Preservation, Fire Marshall, Code Enforcement and the Building Department. 2 SUBMISSION TO PLANNING BOARD L� CEflv NOV 0 3 ZO16 � U 1350 ALVAH'S LANE BARN-NFVS,LLC./WILLIAM ACKERMANN SouthdIdToem Piannino Board RE:PUBLIC HEARING To address the concerns raised at the public hearing on Oct.3,1 offer the following information: o First,it is important to understand the operations of NFVS.We manage our own 23-acre Alvah's Lane site,plus vineyards that we effectively lease to grow fruit to sell,as well as vineyards owned by others.To do this,we use equipment such as sprayers,tractors,hedgers,netters, mowers and bins. In the growing season,from early spring through late fall,such as right now, the equipment is out in the fields.It is moved around to the different sites as needed.We do not own a full set of equipment for each site.When not in use,it either remains on site,or will be in the barn.In the winter,none of the equipment is in use and it all needs to be under cover.This equipment represents a large Investment for the company,and it cannot be left outside.So far, we have been leasing barn space month-to-month,but this a temporary solution at best. - Size of barn—7,142 sq.ft.This barn,Including the loft,Is for storage only.The size is necessary to accommodate the equipment already owned by NFVS,as you can see on the schematic provided.The lot coverage relative to the size of the property is very small.The Alvah's Lane property was purchased primarily to build this barn for agricultural use,as well as to generate ' income from the vines.The equipment owned by NFVS Is typical for managing any vineyard,so 'I even IF we were only managing our own vineyard on this site,we would STILL need this barn and the equipment.Any serious agricultural use on this 23-acre property requires a good-sized , barn. d Daily use of barn-There is no regular day-to-day activity taking place,such as processing.Our ; field workers will not park there,because they park at the vineyard sites where they work.We ;; do not provide transportation.The field crew will only be there when they are working on the Alvah's Lane vineyard itself.NFVS Chemicals such as pesticides are delivered roughly every ten days in the summer,as needed,and used immediately,not stored in the barn.The truck and trailer will make one or two trips to the barn a week. So,there will not be much daily activity at k? the barn. ' o Style of barn—We are usingreputable barn-building company,and the style and colors are a attractive,traditional,and In keeping with the rural nature of Alvah's Lane and the North Fork. • Location of barn—We considered all the possible locations on the property very carefully, K; including impact on the neighbors,and this is the best site.We need a level,well-drained area that has safe access to Alvah's Lane.The selected location is level,with open visibility up and p� down Alvah's Lane to facilitate safe ingress and egress.This area also has a buffer of vineyard "IN between It and the neighbors to the south and east,and is furthest from the neighbors to the north.The other sites are not as suitable.The northwest corner of the property has a steep f. slope,and poor visibility to the road,making ingress and egress extremely unsafe as I reported E to the Planning Board in the previous meeting.Any other location for the barn would also be ¢` much closer and far more visible to the adjoining neighbors. i S-C��J I eS I►'�en ,,a e &wp /& C c if-0 OTi=I ay March 24,2017 MAR 2 Dear Editor, : I clearly remember the creation of Southold Town's purchase of development rights(PDR)program about 20 years ago,and how it was ®®® designed to encourage agriculture,save farmlands from residential development,provide capital to farmers,and preserve the rural character of the North Fork.So far,it's been a great program.But now,the intent to help active farmers appears to have become subject to interpretation. There is a case before the Zoning Board of Appeals,the outcome of which may be announced at the April 6 public meeting.It will not only impact the viability of North Fork Viticultural Services(NFVS),the grape grower in question,it may adversely impact all existing and future agricultural storage facilities,a.k.a.barns,on development rights sold(DRS)land,and jeopardize the PDR program itself.At stake is the right, written into the Southold Town code(Chapter 70:Agricultural Lands Preservation),to build barns on DRS land to support agricultural businesses. Also impacted is the de facto right to operate existing barns on DRS land,if a farmer also leases or manages other parcels,or provides any services or equipment to other farmers.There is already fear in the agricultural community that limiting these rights will discourage farmers from selling development rights,as they may not be allowed in future to build a barn that suits their needs.Start-up agricultural businesses may be unwilling to buy DRS land for the same reason,yet may be unable to afford land with full rights intact. Chapter 70 specifically lists permitted activities on DRS land.Retail and processing are not allowed;equipment storage buildings are.Nowhere does it limit the size of a barn;lot allowances are already in the zoning code.Nor does it say a barn can only serve the DRS parcel it stands on. This distinction is important;a stricter category of land,Open Space,is limited in this way(Ch.185).DRS agricultural land is not Open Space. Lastly,the Land Preservation-Committee is charged with overseeing the PDR program,and given the authority to determine whether a proposed plan is legitimately agricultural(Ch.70-513).The language say the LPC is to"serve as the review board for the granting of permits for the construction...of structures"on DRS land. So,to the case before the ZBA:NFVS is a seven-year-old company owned by my partner Bill Ackermann.NFVS owns,leases and manages vineyards,and provides consulting services.It purchased a 22-acre DRS farm on Alvah's Lane in Cutchogue in 2016.The land has eight acres of grapevines and three fields under development as pasture for cattle.The Southold Town DRS deed from 1999 specifically cites the language now in Ch.70.NFVS invested in this land on the understanding from this deed that it has the right to build a barn.NFVS submitted information about its activities,and a first iteration of a proposed barn,to the LPC,and was approved nearly one year ago. For reasons of road sightlines and topography/drainage,the proposed barn was moved,and this second iteration submitted to the Planning Board.This is where it gets weird.A small group of non-farming neighbors objected,calling the proposed barn an"industrial agricultural warehouse,"and claiming that NFVS's operations are not"pure"farming.One person literally cited horse-drawn ploughs,and another played a recording of owls. The Planning Board asked the ZBA for an Interpretation of whether NFVS's proposed use for the barn is agricultural in nature.But this is the purview of the LPC,which had already made its decision.Nevertheless,the ZBA began deliberations.Leslie Kanes Weisman,the chair of the ZBA,went on record at the first hearing in February,saying"there is no question"that NFVS's activities are agricultural.But the ZBA began considering a wider issue,an interpretation of the Southold Town code.Specifically,can a barn on DRS land contain equipment that is used both off and on the subject parcel,or is that somehow against the intent of the DRS program?Is a farmer that literally drives a tractor out of his DRS barn down the road to another field operating unlawfully?Is it desirable to prevent any increase in intensity of use on DRS land?I may be wrong,but I do not believe that such interpretation is the purview of the ZBA,which is an appeals board,not a policy-making entity.Unspoken is also the issue of whether the town has the right to dictate the size of a barn(pursuant to how much equipment and supplies a farmer needs) based on the business model,not lot coverage Additionally,the purviews of the LPC,the Planning Board and the ZBA seem to have become entangled,and the powers of the LPC diminished. The Agricultural Advisory Committee has already told the Town Board that there is a need to update the definition of what constitutes legitimate agriculture.This whole issue is better suited to resolution at the Town Board level,but NFVS does not want the financial hardship of waiting another year build a barn.If any limitations are deemed desirable,they should not be applied retroactively to existing and already- proposed barns.NFVS is a valued,respected member of the grape-growing industry,and should be applauded for bringing this long-neglected farm back into full production.It is exactly the type of home-grown agricultural business the DRS program is meant to support and encourage, and these DRS parcels are perfect for NFVS and other small agricultural businesses to call home. Gwendolen Groocock taabusana@yahoo.com -7b3-7 4-a kww&j py-�J 344/7 Fuentes Kim op From: Benja Schwartz <eastcreek@gmail.com> MAR 2 4 2017 Sent: Friday, March 24, 2017 2:53 PM To: Fuentes, Kim Subject: Ackermann file Attachments: Email from a land use consultant.pdf, MEASURING SUCCESS IN PROTECTING FARMLAND WITH EASEMENTS_A NATIONAL VIEW OF AGRICULTURAL EASEMENT.pdf Please add the attached copy of a letter I received from a land use consultant, and excerpt from a report of the Center for Agriculture in the Environment, to the ZBA file for an opinion of the land use related to the building proposed to be located on development rights sold farmland by Ackermann. Thank You benj a eastcreekgmail.com 631.734. 50 93 i Hearing open en until end of business da March 24 Gmail P Y Fri, Mar 24, 2017 at 12:06 AM To: Benja Schwartz I agree that the proposed storage building for equipment to be used on properties other than the Alvahs Lane property, is prohibited by the covenant. Below are my comments, some of which are similar to the comments in your memos. Please call or email me if you have any questions. 1. Land Preservation, Ch 70-3 AGRICULTURAL PRODUCTION(formerly §25-30 ?) The production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems and any other structures used exclusively for agricultural purposes. The items in the second sentence are clearly not 'agricultural production' products, but are normal and customary accessory 'structures' permitted as incident to, or for the support of the primary use of'agricultural production' on this property, and not other properties. The use of these structure in support of'agricultural production' on other properties, whether for profit or not, would create a different use which is not permitted under the land development covenant. In this case, the storage and maintenance of equipment used in support of'agricultural production' on other lots would create a use not accessory to the permitted primary use of the subject lot. This would violate the covenant. 2. List of Equipment The task specific equipment proposed to be stored in the storage building is obviously excessive for the eight acre 'agricultural production' at this site, and is economically impractical. While the function of these machines may perform a task required for the 'agricultural production' at this site, based on the size of the operation, one or two tractors with accessories, together with hand labor, could easily accomplish the objectives. Why would this eight acre 'agricultural production' operation require: - 2 GMC 1 ton pickup trucks - 6 trailers - 8 Kubota tractors - an 8,162 sq ft equipment storage building The need for this amount of equipment is not plausible for the support of the primary use, and should not be permitted due to the restrictions of the covenant. Further, this amount of equipment combined with the fact that NFVS provides such services to other vineyards is proof that the equipment is for commercial purposes unrelated to the 'agricultural production' on the subject site. 3. Land Preservation Committee The Land Preservation Committee serves at the pleasure of the Town Board, and requires Town Board approval for the establishment of LP rules and regulations. Chapter 70 does not state which activity is appellate to the actions of the LPC. Ackermann claims in his Mar 16, 2017 letter that the Land Preservation Department approved the application, presumably, including the storage building. It is not known if the LPC established the equipment support levels needed for the eight acre 'agricultural production' use. If Ackermann is correct regarding the LPC approval of the application, then that approval decision should be challenged if the required findings per§70-5 C.[3] are not documented in the LPC decision file. 70-5 C. Land Preservation Committee. The Committee shall perform the following duties: j2]_To review all matters relevant to development rights and the agricultural economy in general. MTo serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. MTo promulgate such rules and regulations as may be deemed necessary to govern the administration, procedures and duties of the Committee, which rules and regulations shall not become effective until approved by the Town Board. 4. Planning Board Dec 2, 2016 Referral to to ZBA Did the LPC issue a permit? Does the LPC have any Town Board approved rules and regulations to govern the administration, procedures and duties of the Committee? Which agency -the LPC, the Planning Board, the ZBA or the Town Board has original jurisdiction in this matter? And, which agency has appellate jurisdiction, such that any decision of the agency with original jurisdiction could be modified or reversed? No structure can be placed on DRS land unless a permit is issued with findings that such structure is part of the only permitted use of the premises. THE DEVELOPMENT RIGHTS, permit, require or restrict the use of the premises exclusively for agricultural production. Not for supporting the use of other premises for agricultural production. Town government is responsible for enforcing the development rights easement. Authority to alienate said rights is vested in the combined actions of the Town Board and the electors of the Town pursuant to §70-5 A. [Quoted text hidden] A NATIONAL VIEW OF AGRICULTURAL EASEMENT PROGRAMS: MEASURING SUCCESS IN PROTECTING FARMLAND-REPORT 4 7. PROTECTION FOR THE LONG TERM: MONITORING AND ENFORCEMENT Durability is the final test of effectiveness. Easements are supposed to provide enduring protection because of their perpetual character, as cemented in the legally enforceable language of these restrictions. Yet perpetuity is an open-ended concept that is impossible to predict. Certainly, the quarter century experience so far with the easement technique applied to agricultural land—and even the full century with conservation easements generally—is too brief a period to develop any certainty about the long term. The long-term effectiveness of agricultural easements is challenged by two types of problems. One is legal—the potential in the future for judicial or legislative actions that weaken the language and fact of perpetuity. Legal attacks on the viability of permanently-retired development rights are bound to increase in time as alternative uses become more attractive for some valuable parcels locked up by easements (Pidot, 2005). Just as serious are the economic and spatial threats to the agricultural purposes of easements, the fact that the legal restrictions by themselves cannot ensure that protected land will continue to be farmed and will not be compromised by land use developments around them (Sokolow, 2006). Too many extraneous factors affect the ongoing agricultural use of easement-covered farms—commodity markets, farming practices, landowner situations, nearby incompatible land uses, etc.—to allow easy predications. What is there, is the short history of agricultural easements to date to suggest how the promise of long-term agricultural preservation can be met? This section will address the question with three types of information: _ 1. What program managers and other interviewees said about the prospects of"lasting protection for farmland." While expressing a variety of qualifications, most were positive about this future scenario, according to the analysis of responses to the question. 2. What interviewees said about the current strengths and weaknesses of programs and suggested improvements. Besides more funding for acquisitions, interviewee suggestions include better strategic targeting of acquisitions, compatible zoning and planning, and farm-friendly policies. 3. And most critically, what programs are doing to improve the prospects for long-term preservation, especially easement monitoring and dealing with compliance problems. Perceptions about Lasting Protection In 2002 to 2003, interviewees were asked: Looking ahead to the future, what are the likely long-term effects of the program? Will it provide permanent protection for farmland? Interviewees representing 33 of the 46 sample programs responded "yes"to the second part of the question, agreeing that the easements in their areas will result in permanent protection for farmland. These were general responses for the most part, noting the perpetuity called for by easement language, with very few interviewees supporting their positive answers with specific evidence or examples. Instead, a number of respondents qualified their answers with contingencies. Permanent protection, they suggested, depended on such future conditions as the following: 51 A NATIONAL VIEW OF AGRICULTURAL EASEMENT PROGRAMS: MEASURING SUCCESS IN PROTECTING FARMLAND-REPORT 4 • Sufficient funding for easement acquisitions (six responses) • Continuing public support and favorable political conditions (six responses) • The state of the overall agricultural economy, including markets for commodities, farm profitability, etc. (six responses) • The volume of agricultural acres to be added by the program (six responses) Respondents representing nine programs were more expressly negative about the agricultural benefits of their program, asserting that in the long term many easement-protected parcels were likely to revert to a general open space status instead of continuing as commodity-producing farmland. I think the impact will be minimal in preserving agriculture. In our county, it's more of an open space program than an agricultural program.... non-farmer buyers are out- competing farmers in purchasing this land. The long-term results of the program will be to create in some areas, and in some respects, a lot of 50-acre building lots. Which will still be farmed, but not by the landowner. –appraiser, Pennsylvania Perceptions About Program Strengths and Weaknesses Still looking for insights about the longevity of agricultural land preservation, we also asked interviewees in 2002 to 2003 to give their views of the strengths and weaknesses of the sample programs. Near the end of the phone interviews we first asked: Has this been an effective program? If so, why? What have been the key ingredients? If not, why not? Overwhelmingly, respondents agreed that their programs had been effective. Of 161 interviewees answering the question, only three answered with definite "no"while six others expressed some uncertainty. Both characteristics of the programs and external conditions were mentioned. By frequency of mention, the top ingredients of effectiveness, and, hence, program strengths were: • Good program staffing and leadership by the program board-27 mentions • Adequate funding-20 mentions_ • Good compensation to easement sellers-20 mentions • Support from the agricultural community-20 mentions • Community support-15 mentions • Local government participation-11 mentions Interviewees were also asked to identify program "weaknesses or limitations." About 70 persons responded to this question, pointing out a diverse set of factors, mostly relating to the funding, acquisitions and organization of easement programs. The most frequently cited weaknesses were: • Inadequate funding-15 mentions • Inflexible state and federal funding rules—seven mentions • Excessive length of time to complete transactions—five mentions • Problems in program's organization, staffing—four mentions • Inadequate monitoring, stewardship of easements—four mentions 52 A NATIONAL VIEW OF AGRICULTURAL EASEMENT PROGRAMS' MEASURING SUCCESS IN PROTECTING FARMLAND-REPORT 4 As suggested in this summary, few respondents took the long view—expressing ideas about the ongoing durability of the easements and the program actions needed to support their continued viability. Only one response about the ingredients of effectiveness referred to long-term protection. And only four interviewees who identified weaknesses worried about the inadequacy of monitoring or other stewardship work, including preparation for defending against possible legal assaults on the permanency and restrictions of easements. I think the biggest weakness is in monitoring the conservation easements and landowner relations. That's what I am trying to do now. I'm the first person to work on that specifically and the program has been going on for a lot longer than my position. –program manager, Colorado Stewardship: Program Monitoring, Compliance and Other Activities As land conservation professionals well understand, the work of easement programs does not end with the acquisition process and the completion of landowner transactions that legally remove development rights. Still remaining is the ongoing responsibility of ensuring that the easements remain intact—that the legal restrictions on property use agreed to by landowners are permanently followed. State and federal laws that recognize the legitimacy and tax benefits of the easement technique specify that the organization—public agency or nonprofit land trust— that holds an easement has the permanent obligation to protect the restrictions from violation. In the language of land conservation, this is the arena of "stewardship"—a broad category of conservation-oriented responsibilities (Byers and Ponte, 2005, 116). A central part of this post- acquisition process is checking up on how landowners use their easement-covered parcels through periodic inspection or monitoring. Ideally, monitoring involves the collection of detailed data about parcel characteristics and changes and is conducted in close collaboration with landowners, with the intention of preventing or correcting violations of easement terms (Byers and Ponte, 2005, 143-155). Monitoring. Virtually all the managers of our 46 sample agricultural easement programs recognized the importance of regularly monitoring the condition of acquired easements, but few claimed that they were able to do this adequately. In the phone interviews with program managers in 2002 to 2004, we inquired about monitoring details and compliance problems. Table 7 presents the information they provided. Among 30 respondents who responded to a question about frequency of monitoring, only 16 asserted that they or others inspected each or most of their easement properties on an annual basis—the standard usually specified by professional conservation groups. The other 14 reported biennial inspections, longer term or a less exact time period that we label as "infrequent." Several Maryland managers cited three-and/or 10-year intervals for inspecting individual parcels, the minimum standards imposed by two Maryland state funding sources. As described further below, it was not always clear what respondents meant by "monitoring" or "inspecting" properties because we did not inquire further about specific procedures. Even when annual checks of easements were reported, it was not certain that this affirmed a comprehensive site visit to each easement held—or instead involved a less complete review that relied primarily on office information or a quick drive-by view. Monitoring in most cases was carried out by the program staff who also handled acquisitions, landowner negotiations and other easement procedures. Usually this meant the program director, as Table 7 notes, the single staff person in most of the sample programs. The 53 A NATIONAL VIEW OF AGRICULTURAL EASEMENT PROGRAMS: MEASURING SUCCESS IN PROTECTING FARMLAND-REPORT 4 monitoring job in 10 programs with larger staffs was assigned to a designated specialist, often a staff member with full-time stewardship responsibilities. Several land trusts used volunteers, including board members, to inspect easement properties. Two programs contracted out the job to outside conservation specialists, including the Delaware state program that worked with local staff of the National Agricultural Statistics Service, a group already engaged in gathering data in field visits to individual farms. TABLE 7 EASEMENT MONITORING AND COMPLIANCE PROBLEMS FOR SAMPLE PROGRAMS, 2002-2004 Program Monitoring Monitoring Compliance Problems Frequency Responsibility CA— Marin Annual Assigned staff Minor—overgrazing Agricultural Land Trust CA— Monterey Annual Program manager Minor—disruption of creek bed Conservancy CA— Napa Land Annual Assigned staff, Major (including litigation)/minor—not allowed Trust volunteers use (commercial vineyard), new owners not aware of restrictions CA— Sonoma Open Annual Assigned staff Minor—failure to submit road and other Space District improvement plans to program CA—Tri Valley Land NA NA Major/minor--expand building envelope Trust CA—Yolo Land Annual Board members— NA Trust volunteers CO— Boulder Infrequent Program manager Minor Count CO— Gunnison NA NA NA Ranchland Legacy CO— Routt County/ NA NA NA Yampa Land Trust Connecticut State Infrequent in Program manager Major/minor—illegal subdivision, new owners reaction to and assistant not aware of restrictions, non-ag use (golf problems course Delaware State Biennial Contract with Major(including litigation)/minor—mobile National Ag home placement, etc. Statistics Service MD—Anne Arundel Infrequent Program manager No Count MD— Baltimore Infrequent Program manager Minor—lack of updated conservation plans Count MD— Calvert County NA NA No MD— Caroline 10 year Program manager Major/minor—improper use of family and County intervals worker residential lots MD— Carroll County 3 year or 10 Program manager No 54 A NATIONAL VIEW OF AGRICULTURAL EASEMENT PROGRAMS. MEASURING'SUCCESS IN PROTECTING FARMLAND-REPORT 4 Program Monitoring Monitoring Compliance Problems Frequency Responsibility year intervals MD— Frederick NA Program manager Major/minor—illegal residences, conservation County plans MD— Harford County NA Program manager Minor—conservation plans MD— Howard NA Program manager Major/minor—non-ag uses (landscaping and County septic hauling business), improper use of tenant lots MD— Montgomery Biennial Program manager Major/minor—debris, new owners not aware County of restrictions MD—Washington 3 year or 10 Program manager NA 'County year intervals Massachusetts State Biennial Assigned staff and Major(including litigation) and minor—illegal contract inspectors residences, erosion, etc. MI — Peninsula NA Assigned staff— NA Township zoning administrator NJ — Burlington NA NA Major/minor—medical waste dumping, new County owners not aware of restrictions, fallow lands with species invasion NJ — Cumberland Annual Program manager No Count NJ — Hunterdon NA NA NA Count NJ — Monmouth Infrequent Program manager No Count NJ — Morris County Annual Program manager Major/ minor—accumulated junk vehicles, and assistant non-ag use (storage for landscaping business NJ — Sussex County NA Program manager Minor—new owners not aware of restrictions, farm worker housing NY— Town of NA NA NA Southold NY— Suffolk County NA NA NA NC — Forsyth County Annual Program manager NA PA— Adams County Annual Assigned staff Minor—accumulated junk vehicles PA— Berks County Annual Assigned staff—ag Minor—new owners not aware of restrictions conservation easement technician PA— Buckingham NA NA NA Township PA— Bucks County Infrequent Program manager Major/minor—non-ag use (mulch operation) PA— Chester County Annual NA Minor--best management conservation practices, non-ag uses (equestrian breeding), incomplete deed documents 55 A NATIONAL VIEW OF AGRICULTURAL EASEMENT PROGRAMS: MEASURING SUCCESS IN PROTECTING FARMLAND-REPORT 4 Program Monitoring Monitoring Compliance Problems Frequency Responsibility PA— Lancaster Annual Assigned staff— Minor—conservation plans, new owners not County preservation aware of restrictions, non-ag use (barn specialists, board storage) members PA— Lehigh County Annual Assigned staff, Minor—conservation plans program manager PA— York County Annual Assigned staff— Minor—trailer on land, conservation resource compliance conservationist Vermont State Annual Assigned staff— Major(potential litigation)/minor—removal of land trusts trees, etc. VA—Virginia Beach Infrequent Program manager Minor—drain fields on easement land City WA— King County 3 year Program manager Major/minor—illegal residences, new owners intervals not aware of restrictions WA— San Juan NA NA NA County I WA— Skagit County Annual Program manager No WI — Dunn Township NA NA NA Source: 2002 to 2004 interviews with program managers. Considering these arrangements, it is not surprising that monitoring activities in most programs did not receive the attention and resources that respondents said they deserved. Generally preoccupied with acquisition work, many program managers admitted that they did not have the time to thoroughly inspect easement properties on a regular basis. I don't get out every year, it's just getting too hard. ...I don't have anybody here in the office except myself, and the list grows by 13 easements every year, so we're up to 81 now. And to do a really detailed monitor, like the state requires, probably takes two, three, or four hours. —program manager, Pennsylvania You know, I'm a one-person band with other responsibilities. And as we have more farms come under this program, each year it's going to be harder to make sure that the monitoring is done. To be honest with you, this past year I did not get to my monitoring within the time period that the state recommends. At this point there is a snow cover and I am not planning to do it on cross-country skis... So if I think that any part of the program in County needs to be strengthened, it's the monitoring process. — program manager, New Jersey Conducting a thorough site visit means a close inspection, usually in consultation with the landowner, that includes recording the conditions of farm improvements and resources on standard forms, noting changes in relation to baseline data and since previous inspections, supplemented with photos and maps. A short cut reported by some respondents is to perform a quicker inspection from a vehicle driving by the property. As noted in the quote below, monitoring efforts are also aided by information from other agencies, including building permit departments. Information about previously unknown improvements from such sources sometimes triggers extensive site visits; complaints from neighbors can also accomplish the same result. 56 lvo A NATIONAL VIEW OF AGRICULTURAL EASEMENT PROGRAMS: MEASURING SUCCESS IN PROTECTING FARMLAND-REPORT 4 1 do everything. I try to do site visits every three years. It's been difficult in the last couple of years to do that, primarily because we have had reductions in staff and the workload has increased. I have taken on other activities as well, but kind of refined our techniques a little bit also. The county's code enforcement staff and other agriculture program staff are somewhat familiar with the properties, and so they kind of keep an eye out and report back to me. And with the developments in aerial photography and GIS systems...we can pull this off the computer and get an overall sense of whether or not anything has been changed. –program manager, Washington A few program managers suggested that their familiarity with local properties and personal contacts in the community were an appropriate substitute for regular site visits. Every once in a while something will pop up, somebody will give me a call. I know all the farms here, walked every one of those farms, been here so long that I have done most of the easements. And half of the people I'm probably related to. So I'll call them up and politely say, "explain the problem" and see if they can clean it up. And they always do and we never have had to take somebody to court or anything like that. – program manager, Maryland Compliance Problems. Table 7 also lists the types of landowner compliance issues reported by program managers in 2002 to 2004. Non-compliance problems were identified for 28 programs. Most could be described as "minor" issues, the result of landowner misunderstandings or ignorance about the meaning of specific easement restrictions. The largest category of minor problems concerned the implementation of conservation plans, an easement requirement in some states. "Major" problems—usually concerning illegal structures, non-agricultural uses or persistent landowner neglect of corrective action—were identified by only 13 managers. Some of these issues concerned the construction or occupancy of single residential units, allowed in some easements for farm family members or farm workers, but apparently rented or sold to others for economic gain. I have a very high-profile case, where somebody is trying to build a 14,000 square foot house. He's calling it a tenant house. But it's got nine bathrooms in it. Come on now, it's not a tenant house! So I have to enforce that kind of stuff. —program manager, Maryland We have owner's and children's lots, and we have to make sure that...it is not going to be a lot that is for sale. We do what we can to get all the information to find out that, indeed, the owner or child is definitely going to live there... It's bad perception from the public on the program if they find out that we have allowed somebody else to build a house on preserved property. –program manager, Maryland Other compliance issues involve the definition of what constitutes an "agricultural use" of a preserved property, required in some easement deeds. I got one with an illegal use, somebody's trying to run a septic hauling and landscape business on his property. So it's a question if it's allowed under the state easement. Landscaping is allowed under county easements, because we see it as a kind of green industry. I can agree with that, that a farmer should not be confined to traditional 57 9 A NATIONAL VIEW OF AGRICULTURAL EASEMENT PROGRAMS: MEASURING SUCCESS IN PROTECTING FARMLAND-REPORT 4 farming...he should be able to go out and sell hay or straw to suburbanites. But septic hauling is just not appropriate, you know. –program manager, Maryland In only two of the issues listed in Table 7, did litigation occur in which a program sued landowners in court—an enforcement action of last resort. But there were other compliance problems that required programs to devote considerable resources to enforcement, including involving attorneys short of taking court action. Some at the time of our interviews had the potential of being turned into formal litigation. Out of the 150 farms that we have preserved so far, I only have one that perhaps needs legal action to get compliance... The landowner here has not been very cooperative with us in terms of implementing the conservation plan. We have some pretty major erosion issues on this property. When I did my inspection last year, I saw significant gullies, topsoil running out on the road, and so forth. We have been trying to work with that landowner to get better compliance, so far without much success. So next year, when it comes time to do the inspection, if they haven't taken the steps that we've asked them to take voluntarily, we will definitely take legal action to try to force compliance. Now we really bend over backwards to work with landowners, to just help them solve conservation problems, you know. But we can only go so far if a landowner isn't willing to work with us. –program manager, Pennsylvania We haven't had to litigate any problems yet, although some have come close... We had one that resulted in the sale of the farm... The guy wasn't farming any more. He bought out the actual farmer on the property—it was a brother-in-law situation. He took over the farm and was trying equestrian uses, but he really was into extracting precious metals from computer boards and he was accumulating masses and masses of what I call "debris." And we had to take enforcement action which resulted in the sale of the farm. –program manager, Maryland Quite likely the list of problems cited in Table 7 underestimates the true extent of compliance issues experienced so far by the sample programs. One reason is that not all program managers interviewed in 2002 to 2004 provided information in this area. Then too, the infrequency or incomplete character of many of the monitoring efforts suggests that a number of possible compliance problems were overlooked by programs. If not picked up by regular and detailed site visits, information about specific easement violations comes from less complete windshield surveys, building code departments, or citizen complaints—relatively random methods for gathering such data. Whatever the past pattern, it is highly probable that compliance problems will only accelerate in volume and kind in future years. A number of program managers made this easy prediction, identifying as one reason an enlarged exposure to problems resulting from expanded easement portfolios. Even more critical, some managers said, will be the results of changes in ownership of easement-covered parcels. While seen largely as a minor issue so far, amenable to landowner education and information, future changes will produce landowners even more distant in time and generation from the original easement transactions—certainly a major challenge for agricultural easement programs. It's certainly folklore among all the land trusts you talk to that compliance issues increase with later owners. You wouldn't imagine that the person who donated the easement would violate it, because they are the person who crafted those terms. And you would easily imagine that the second or third generation person would be more 58 A NATIONAL VIEW OF AGRICULTURAL EASEMENT PROGRAMS. MEASURING SUCCESS IN PROTECTING FARMLAND-REPORT 4 likely to do something wrong. And so problems are going to get greater in the future. –program manager, California Generally, it's the subsequent easement owners you have the problems with, people who are not the original grantors of the easement. We're going to run into more of them, that's where your'due diligence' and your inspection programs become very important. –program manager, Maryland Other Stewardship Activities. Besides regular monitoring and enforcement of easement restrictions, there are other stewardship tactics that programs can employ to enhance the viability of their easements. Foremost is maintaining close and supportive relationships with landowners and lessees who manage easement-covered farms. With the central purpose of helping to keep farms in productive agricultural use, landowner cooperation and assistance can take several different forms, including the following: • Identifying new purchasers of easement-covered properties and familiarizing them about the preservation purposes and details of the easement • Helping landowners to deal with specific resource protection issues on their farms • Conducting workshops and forums for landowners • Organizing value-added or economic development programs for local farmers, including farm tours and promotional efforts One,program manager speculated about the benefits of having more time to work with his landowners: You know, if I had more time to spend with each farmer, I could get more information. In so doing, if I noted that a parcel seemed to be,going fallow in a given year, or land that didn't appear as productive as it could be, I can put them in touch with our county ag agent. Or suggest that they work more closely with our Natural Resources Conservation Service. You know people that have more expertise perhaps than I do. –program manager, New Jersey Most of the sample programs are minimally engaged, if at all, in such activities. With insufficient resources devoted to monitoring and enforcement, they have even less to give to the lesser priority of maintaining ongoing landowner relations. Knowing something about their landowners in a systematic fashion would be a minimum step for programs interested in this area. But as we have seen in the Chapter 4 analysis of resale trends, few programs in our sample even keep track of changes in the ownership of properties included in their easement portfolios. To be sure, there are exceptions to this pattern of minimal stewardship—generally programs with larger staffs and relatively generous operational budgets. The Marin Agricultural Land Trust (MALT) in California, with four full-time and four part-time staff persons, is an example. The full-time stewardship coordinator prepares the'baseline reports on new easement properties, conducts annual visits with participating landowners and inspections of their properties, and provides them with conservation and ranch management information through seminars and workshops. As another aspect of its ongoing contacts with landowners, MALT sponsors an annual dinner honoring its easement partners. Other staff members are assigned to related responsibilities, including educational activities, a quarterly newsletter distributed to community leaders, and organized farm visits and hikes on protected properties opened up by their owners. The latter work is motivated by MALT's recognition that it's conservation mission 59 /4 A NATIONAL VIEW OF AGRICULTURAL EASEMENT PROGRAMS' MEASURING SUCCESS IN PROTECTING FARMLAND-REPORT 4 is greatly helped by the understanding and support of local agriculture by the broader non-farm community. 60 Fuentes, Kim 3 12b))-7 -e� �D bk From: Sam McCullough <sm_mvi@yahoo.com> Sent: Thursday, March 23, 2017 11:36 AM To: Fuentes, Kim Cc: kimf@southoldtown.ny.gov Subject: Comment on Ackerman Application Attachments: Southold Town Ackerman App..docx 1`, i,,A `2,3 210V Kim, Could you please forward the attached letter to the Zoning Board of Appeals for their consideration regarding the proposed building on the Ackerman property in Cutchogue. Please confirm by e-mail as well. Thank you, Sam McCullough i 4 Southold Town Zoning Board of Appeals ®� P.O. Box 1179 Southold,NY 11971 March 23, 2017 Dear Ladies and Gentlemen of the Board, Please consider my commentary as you deliberate on the Ackerman barn application before you now. Bear in mind that I am neither in favor of, or opposed to, this project but that I feel strongly that this situation is representative of the inherent conflicts that can arise between farms and residential neighbors, conflicts that will only become more frequent as residential and agricultural uses continue to mingle in our town. My background: Southold Town resident since 1971. I work as a farmer for a local winery and also have a vineyard of my own(though it is located in Riverhead Town). I'm also on the Southold Town Land Preservation Committee. I feel that I have a working understanding of the issues. As I understand it,the matter before you is to decide whether Ackerman's operation is a farming operation or a contracting operation and to determine subsequently whether or not it is permitted in that zone (I assume R-80 or A/C). First, and all involved are responsible for this, the Farmland Preservation Program is not an open space preservation program. But through lack of communication the public perception of farmland preservation is that the purpose is to protect the rural and open view. The purpose as legislated is to keep productive agricultural lands in farming thus providing an assortment of benefits to the community. Non-agricultural uses are prohibited on DRS land. This does not mean no structures, and in fact, usually means that no more than 20% lot coverage is allowed. Second, if Mr. Ackerman did not engage in the business of providing contract services to other farmers, and only farmed his own land, the proposed building would be allowed under the rules of the zone and the terms of the conservation easement, though it would be subject to site plan review. As a contractor he is only providing farming services to North Fork farms, most of which are located in Southold Town. He's not engaged in non-agricultural operations. Many, maybe most, farmers hire out some services or equipment to other farmers to a lesser or greater degree. Most all operate outside commercial zones. Which ones should be permitted to continue and which ones should be forced to relocate to commercial properties? There are some pretty substantial non-agricultural businesses based on farms in Southold. Before prohibiting the construction of a barn here, you must define where farming ends t and contracting begins because this will affect many operations in Southold Town. It could even affect some farm owners who are actively involved in local government. It is well within reason that we regulate land use through zoning. We have zoning and the bulk schedule to set the rules. We have planning to try to keep things safe, attractive and harmonious within those rules. Requiring a change to the site plan such as relocating the building could be a reasonable compromise for the benefit of the neighborhood. We should not be micromanaging to the extent that we determine what size building an operation needs or how many tractors a farm needs on a case by case basis. If we must do that then we need standards and definitions to guide the decisions. These decisions set precedents. Without a complete understanding of the nature of farming in our town, it would be very easy to render a decision that could have negative impact on the agricultural industry for years to come. I was moved to comment after reading a letter to the editor of a local paper in which the proposed barn was referred to as "an industrial warehouse garage". Quite frankly, I don't want to see farming vilified by misinformation or farmers harassed by activist neighbors. The proposal is to put a barn on a farm, for the purpose of storing farm equipment and farm supplies. It is allowed under the law. The inclusion of an office and a bathroom is certainly reasonable. In closing, please consider the future ramifications of your decision for the future of agriculture in Southold Town. These situations are going to arise more frequently in the future. We want to keep the farms active but also in harmony with the community. Thank you for considering these comments. I would be happy to address any questions or comments you might have. Sincerely, Sam McCullough 8200 Cox Lane Cutchogue 734-6878/cell 516-314-1622 Sm_mvi@yahoo.com wA �� Fuentes, Kim From: Harris, Brian P. <brian.harris@credit-suisse.com> �p c u 1 Sent: Thursday, March 23, 2017 9:56 AM t� To: Fuentes, Kim MAR 2 3 2011 Subject: 1350 Alvahs Lane Cutchogue Yo -7p3-7 To Whom it May Concern; With regards to the property located @ 1350 Alvahs Lane Cutchogue, I am of the understanding that there is a proposal to build a significant storage facility on the property. The storage facility in the plans that I received does not seem to fit the simple needs of the property. It has been said to me by many parties that are associated with the owner that there are plans to oversize the building to store equipment for other business ventures. I certainly do not mind someone building a tasteful barn/storage facility on their property that meets the integrity of the North Fork and lets them run a successful business. That said, please understand that there are residential properties that surround this piece of land and to build a large storage facility would be detrimental to them. In my opinion the zoning board should not allow the current plans to proceed. Sincerely Brian Harris ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- Where required by law, and except for FX instruments, pre-trade mid-market mark is the arithmetic mean of bid and offer prices unless otherwise stated; other regulatory disclosures are available at https://plus.credit-suisse.com. ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- This material has been prepared by individual sales and/or trading personnel and does not constitute investment research. Please follow the attached hyperlink to an important disclaimer: http://www.credit-suisse.com/americas/legal/salestrading ------------------------------------------------------------------------------- ------------------------------------------------------------------------------- ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ Please access the attached hyperlink for an important electronic communications disclaimer: http://www.credit-suisse.com/legal/en/disclaimer email ib.html ------------------------------------------------------------------------------ ------------------------------------------------------------------------------ 1 i1b, , March 20, 2017 ��3 r To: The Zoning Board of Appeals of the Town of Southold From: Benja Schwartz Re: Undated memorandum, received by the ZBA on 3.16.17, headed: To:Leslie Weisman,ZBA Chairperson and members of the Zoning Board of Appeals From:William C.Ackermann,Owner,North Fork Viticultural Services(NFVS) When Ackermann writes>> I,William C.Ackermann, am a longtime North Fork resident and grape-grower and owner of NFVS. This self identification of applicant leaves out the owner of the subject property. Undoubtedly Mr.Ackermann will eventually identify himself as the Operating Officer of the holding company, . But his failure to mention the fact that there is a holding company is another reflection of his lack of candor with the Town of Southold. When Ackermann writes >> The concept right now is to raise a small number of grass-fed cattle for non-commercial use. It is essentially another admission that the primary use of the subject property is as a base for providing NFVS services to other farms. The grapes planted by the previous owner and the proposed livestock are clearly only incidental uses and incidentally are the only proposed uses of the property for agricultural production. If the livestock will be non commercial then they would not be part of a"working"farm. The work applicant intends to accomplish on the farm on Alvah's Lane is reflected by the deed dated February 4th, 2016 from the prior owner to NORTH FORK VITICULTURAL SERVICES, LLC with offices at PO Box 633 Laurel NY 11948 and 1350 Alvoih(sic) Lane Cutchogue, NY 11935. When asked by the Planning Board if the proposed building would include an office Ackermann said, no. The deed dated March 14th, 2016 NORTH FORK VITICULTURAL SERVICES, LLC to NFVS HOLDINGS, LLC states that both are located at 1350 Alvah's Lane Cutchogue, NY 11935. It may just be a clerical error, but the copy of said deed in the laserfiche copy of the Planning Board site plan application file is missing the first page. There does not seem to be any mention in the site plan application of the fact that the subject property belongs to NFVS HOLDINGS, LLC. Land use regulations apply to land not landowners, but shouldn't an application for land development identify the owner as well as the authority of any and all agent's appearing as applicants? Also notable is that the only mention of development rights in favor of the Town of Southold is in the reference in the deed dated 2.4.16 to the prior owner's title. There is no reference to the development rights in the deed dated 3.14.16 from NORTH FORK VITICULTURAL SERVICES, LLC to NFVS HOLDINGS, LLC. �vr 1 When Ackermann writes>> the livestock fencing was installed in the early summer of 2016, and the grading, disking, seeding, irrigation lines and mowing done in the summer and fall, with equipment designed to be used on the Alvah's Lane farm, long before the Planning Board's public hearing in November. It opens the door to an inquiry into the truth of what has occurred on the property since Ackermann took possession, and when such activities have occurred. Ackermann's information neglects to state what if anything has occurred since the Planning Board's public hearing in November. When Ackermann writes >> It is important to understand that the equipment to be stored in the barn is ALL used on the Alvah's Lane farm, some of which is also used on the leased vineyards, as it is not feasible to have separate sets of equipment for leased property. Please note that equipment used on "managed vineyards" is housed in rented barns on a separate parcel of land. Running a farm or vineyard of any size requires the same equipment; more acreage simply means more time spent working. The fuzzy logic of the last sentence, which implicitly denies that many farming operations are time sensitive, reflects the lack of credibility of the assertion that "equipment used on "managed vineyards" is housed in rented barns on a separate parcel of land". If it is true, where are the rented barns, and will the equipment continue to be stored in rented barns, or as the attached schematic showing equipment in a winter storage configuration, and as statements by applicant reflect, will equipment currently being used, and that will be used, on "managed vineyards" be moved to Alvah's Lane as soon as the site plan application is concluded? When Ackermann writes >> The Land Preservation Department reviewed the application and approved it. Ackermann is being dishonest. The Land Preservation Department webpage states >> The Land Preservation Department and volunteer Land Preservation Committee ... review proposed uses on properties subject to easements... From a preceding statement on the webpage it is clear that reviews of, and recommendations on, potential purchases of development rights are made to the Town Board. It is not clear to whom recommendations based on reviews of proposed uses on properties subject to easements are made. It appears that land uses on properties subject to easements without buildings are not monitored. When Ackermann writes >> However, at the public hearing, some non-farming neighbors protested the barn Ackermann reveals that he does not know his neighbors. One of the so called "non-farming neighbors" is a member of the family that owned and farmed the subject property and sold the development rights to Southold Town. That neighbor is a descendant of the farmers who taught Hargraves how to drive tractors and farm. Applicant's failure to recognize the fact that his neighbor is a retired farmer and is supportive of real farming, reveals his failure to consider himself a part of our community. When Ackermann writes >> The DRS deed for 1350 Alvah's Lane references the Southold Town Code which states that development rights sold property is limited to agricultural use, INCLUDING storage of agricultural equipment. Ackermann purposely leaves out the type of agricultural uses permitted. Specifically uses for the purpose of agricultural PRODUCTION, not uses for the purposes of provision of agricultural equipment, services and management. A"vineyard management/vineyard consulting company' is related to agriculture, but is not exclusively engaged in the core mission of farming, agricultural production. Nobody is trying to stop NFVS from growing grapes and grass on the farm, but tending eight acres of vines planted by prior owners does not make the whole farm a vineyard. Nobody is denying that farmers traditionally work together. But leasing a few additional acres close to a farm, and utilizing the same equipment purchased and required for farming on the farm is one thing. It is an entirely different thing, to pursue a business model based on offsite agricultural production, management and consulting. Storage of equipment for use on leased land and managed vineyards should not be permitted on protected farmland. When Ackermann writes >> there is nothing in the Southold Town code that limits, determines or uses a formula to dictate the size of a barn on DRS land, nor the amount of equipment a farmer of DRS land may own. Ackermann implies that if he wanted to, he could build a skyscraper on the protected farmland and vertically store an army of tractors, spreaders and sprayers. Ackerman is no stranger to the effects of selling development rights. At a Town Board Meeting on February 19, 1998 Ackermann's offer to sell development rights on 57.8 acres of farmland was formally accepted by the Town Board. He did not follow thru with that sale. On information and belief, his successor in interest to that property eventually sold the development rights to Suffolk County. It would be difficult, if not impossible, to permit the some parts and prohibit other parts of the businesses of N FVS.As a matter of practicality, the site plan for the proposed warehouse garage should be denied. The Town of Southold should issue a cease and desist order to stop all off site businesses from operating on the protected farmland, without prejudice to possible future application for permits to farm from the subject property a reasonable amount of leased vineyards if and only if the vines on the leased vineyards are planted by applicant. 161 0 The instant proceeding is being conducted to decide if the Town of Southold should approve the proposed site plan. The determination of the instant proceeding will also set a precedent for future development applications on farmlands protected by Deeds of Development Rights held by the Town of Southold. The Decision of the Planning Board will not only apply pre-existing law, it will create law. When these Deeds of Development Rights were made, neither the sellers nor the buyers knew exactly what they meant. The meaning of these easements is evolving as applications to develop on the farmlands are filed. The general terms of the Deeds and of the referenced local legislation will be vested with more specific meanings by current application to the specific facts in this case and by potential future application to other cases. From Southold 2020 Comprehensive Plan" " t ; Draft Land Preservation Chapter .� August 31, 2012 Protected lands in Southold Town Owner&Type of Protected Land• Total New York State Open Space 508.70 ,y New York State Parkland 378.20 ! Park Dlstdct 168.20 Private"Farmland Development Rights 198.45 Pdvate O en S ace 944.91 s� Southold Town Farmland Development Rights 2285.56 Subdivision Open Space 740.31 - , Suffolk County Farmland Development Rights 1660.85 a4' ✓ Suffolk County Open Space 512.35 Suffolk County Parkland 133.73 Town Open Space 569.62 Town Parkland 68.24 Town/County PartnershIp Oen Space 189.45 ^— Grand Total 18358.57 -� According to this table, there are at least 2,285.56 acres of similar farmland spread out throughout the North Fork. According to the draft of the Land Preservation Chapter which this chart belongs to, Goal 1.2 is to Continue to purchase farmland development rights to preserve farmland. Goal 1.1, to Ensure Southold Town Code &policies encourage and advance the business of agriculture. Includes Goal 1.1.2.e. Define a development right and what uses remain after development rights are purchased. in other words, is the purchase of a development right simply to prohibit residential development? What uses remain intact after a sale of development rights? Clarify this in the Town Code. Contrary to the last quoted sentence, the Deeds of Development Rights are written in general language so that they can be interpreted in contexts of specific facts. Also relevant to the instant proceeding is Goal 4. Land Stewardship. Land Stewardship is an important aspect of the land preservation program and involves managing the land the Town owns, as well as monitoring the easements it holds over lands where development rights were purchased or where preservation was a condition of a subdivision approval. The purpose for managing and monitoring land preserved with Town funds is to ensure the use of those lands, if any, meets the purpose(s) for which they were preserved. Emphasis was added to focus on the relevance to the instant proceeding. Until programs for monitoring these easements are developed, the Town of Southold will continue to rely on citizen's complaints and opposition to applications like the current application to raise, and to decide, these issues. Considering the obvious dishonesty, blatant disrespect and express hostility that pervade the Applicant's statements made in connection with this application for site plan approval, Applicant's statements deserve to be subjected to a healthy dose of scrutiny. Applicant's plans should be required to be fully, clearly and fairly presented before any development is permitted, and before any further business operations are allowed on the protected farmland. Sincerely Yours, PS: The above quotes from the 2012 Draft of the Land Preservation Chapter of the latest attempt to produce an express comprehensive plan for the Town of Southold are no less valid because they have not been adopted. And, the authority of the opinion contrary thereto is likewise strengthened. i L • G L • 6 Attached is a copy of the Center for Agriculture in the Environment report on farmland preservation in the Town of Southold www.aftresearch.org/PDRdatabase/NAPidx.htm Also attached are excerpts for the national parts of the report. c5 ick 11 ��_ Ef A NATIONAL VIEW OF AGRICULTURAL EASEMENT PROGRAMS: MEASURING SUCCESS IN PROTECTING FARMLAND REPORT 4 DECEMBER 2006 A JOINT PROJECT OF AMERICAN FARMLAND TRUST AND AGRICULTURAL ISSUES CENTER ALVIN D. SOKOLOW AGRICULTURAL ISSUES CENTER, UNIVERSITY OF CALIFORNIA Publication supported by Farm Foundation American Farmland Trust SAVING THE LAND THAT SUSTAINS US ,http://www.aftresearch.org/research/publicatipn-/�+d taii.php?id=b939970b7b60e9dal 38bcc9l 64f6,-. A National View of A ri wr ' re Easement Programs: Meauurin g Success in Protecting Farmland - Report 4 - AFT CAE: Research aftresearch.org ABSTRACT When do agricultural easements effectively preserve farmland from urban influences? This report answers the question by examining five different tests of effective farmland protection as applied to the experiences of 46 easement programs in 15 states. Here are the principal findings, organized according to the five tests: 1. Numerical Achievements. Judging by acres and farms preserved, the 46 programs have impressive accomplishments. But in relation to the preservation job in front of them, the results are mixed. Only a half dozen programs have come close to completing their acquisitions in relation to the total farm acres and farms in their jurisdictions and according to stated program goals. 2. Land Market Impacts. A strong indication of easement effectiveness is that protected parcels largely remain in farming, even for the many properties that are later purchased by non-farmers primarily for residential use—the single most important finding of this study. The reason, as suggested by data on parcel resales for a number of programs, is that the purchasers tend to lease their newly acquired land to active farmers for ease of management and tax reasons. 3. Local Agricultural Economies. It is far less clear that easements are effective in contributing to another important agricultural condition—healthy local support services such as farm supply outlets, tractor dealers and processing facilities. Such services continued their long decline in many communities with easement programs, because of more powerful economic forces, including changes from traditional agricultural to suburban customers. 4. Influencing Urban Growth. Easements effectively help to redirect or influence urban growth in about a half dozen of the communities served by sample programs, working largely in conjunction with local government planning policies, zoning and other land use regulations, and service delivery limitations. 5. Long-Term Preservation. Most sample programs are not prepared for the long-term job of protecting the continued viability of their holdings and preventing or responding to problems of noncompliance with easement restrictions. They have not put sufficient resources into stewardship activities, as seen in inconsistent and incomplete efforts to periodically monitor the conditions of easement properties. This report concludes with a set of predictions and prescriptions, several of them focused on the likely increase in easement compliance problems in the future. Easement programs should devote more resources to monitoring and other stewardship activities, including the designation of specialized staff in the area, better data on changes in parcel ownership and stronger efforts to work with new landowners of easement parcels. Page 1 of 1 Mar 22,2017 04:03.38PM MDT http://www.aftresearch.org/PDRdatabase/31. a aftresearch.org New York-TOWN OF SOUTHOLD Town-wide program-Formed in 1984-researched by Terri Ptacek and Anita Zurbrugg OVERVIEW-Stretching 21 miles into Long Island Sound,Southold is the eastern-most township on the North Fork of Suffolk County.The shoreline landscape makes Southold an sought-after location for tourism and second homes.Almost a third of the community's 54 square miles are still in farmland,although continually pressured by development.Southold was the first Long Island town to form its own independent agricultural easement to supplement the local preservation efforts of the Suffolk County program established earlier.Voter approved bonds and a property transfer tax have funded the town's easement acquisitions.Combining town and county efforts and the work of nonprofit organizations,easements to date have protected about one-fourth of the township's 10,000 agricultural acres.Yet local leaders,recognizing that the pace of growth and farmland conversion is exceeding the rate of easement acquisitions,are looking for other farmland protection methods. EASEMENT ACTIVITY-1,360 acres in 69 parcels. Goals:The town has identified approximately 7,000 acres of farmland at risk of development. Other Easement Programs:Suffolk County's purchase of development rights(PDR)program,in existence since the mid 1970s,has acquired about 1,330 agricultural easement acres in the township.Nonprofit organizations such as The Peconic Land Trust and The Nature Conservancy have protected additional agricultural land through easements and fee simple acquisitions. Total Agricultural Easements in Town:Approximately 2,900 acres. FUNDING Acquisition Spending to Date:$11.5 million spent by the town. Revenues:A 2 percent property transfer tax,approved by voters in 1998,funds the Southold Community Preservation Fund which supports the preservation of farmland and open space.Earlier funds were provided by seven voter approved environmental bonds and by foundation contributions to leverage matching federal fund and state funds. GOVERNANCE-The program is overseen by a citizens'Land Preservation Committee of seven members appointed by the Town Board.Members of the Land Preservation Committee also serve as the members of the Community Preservation Fund Advisory Board. STAFF AND OPERATING BUDGET-The staff includes the full-time land preservation coordinator and two newly created part-time positions.The annual operations budget for the land preservation department is about$210,600.The town attorney and assistant attorney provide assistance on an as needed basis. ORIGINS-Faced by escalating land costs outpacing the rate of farmland protection through its easement program,in 1980 Suffolk County asked townships to help in the effort.The Town of Southold organized its own PDR program in 1984 and acquired the first easements in 1986 after voter approval of an initial bond act.Six more bond issues were approved in later years A further step was taken when the Peconic Bay Region Community Preservation Act was passed by the state legislature in 1998, facilitating the creation of a town preservation fund for farmland and open space fueled solely by a 2 percent real estate transfer tax. ACQUISITION PROCESS AND STRATEGY-The Southold Town Board makes the final acquisition decisions,acting on the recommendations of the Land Preservation Committee.The process is focused on acquiring easements on specific properties identified in the Southold Community Preservation Project Plan,adopted in 1998.As part of a town land use and preservation inventory,every working farm is identified in the plan which qualifies it for application.Applications are funded in order of submission. Rating of Parcels:No quantitative or qualitative scoring. Other Criteria:The town is currently working on adopting specific strategies that include identifying critical farmland and reaching out to owners of vulnerable parcels. CONNECTIONS TO LOCAL PLANNING AND LAND USE POLICIES-The Town Board,the Land Preservation Committee and the Planning Board work closely with landowners to preserve farmland.Southold Town policies related to the easement program include the Community Preservation Project Plan-which maps farmland to be preserved-and a clustering and preservation requirement for new subdivisions.The Peconic Land Trust works closely with the town's Land Preservation Department to facilitate PDR acquisitions combined with limited(reduced-density)development and private conservation easements.Not satisfied with the achievements of town and county protection efforts so far,town leaders are looking at other preservation options.A moratorium on new development is currently(2003)in place,to allow time for the town board to consider the recommendations of a blue-ribbon commission charged with preserving the town's rural character.Proposals under consideration include conservation subdivisions and rural incentive districts permitting property tax reduction for farms. Zoning:Agricultural-conservation zoning contains some restrictions against wholesale conversion of contiguous areas of prime farmland to residential use.Clustering is required on lots of 10 or more acres,requiring 50 percent of land preserved from development. DEMOGRAPHICS 2000 Population:5,465 1990-2000 Population Change:+273 residents;+5 percent AGRICULTURAL LAND 10,232 acres:about 7,500 acres actively farmed-15 percent of farmland is fallow,average parcel size approximately 17 acres. Conversion to Urban Use:Southold lost 2,400 acres of farmland in the last 20 years.(Program data) OTHER AGRICULTURAL CHARACTERISTICS 1997 Market Value:Suffolk County-New York's leading producer of agricultural products-produces over$250 million annually.The own of Southold contains 22 percent of Suffolk County's agricultural land. Number of Farms:606(Suffolk County) Principal Commodities:Vegetables and vineyards,grain,potatoes,sod and nursery MAP NARRATIVE-EASEMENT GEOGRAPHY(PROGRAM MAP) The Town of Southold is long and narrow,approximately 54 square miles but stretching over 21 linear miles into Long Island Sound.Most of the urban development is concentrated around the hamlets and along the shoreline.Easements are distributed throughout the town among various other privately and county protected parcels,with some easements concentrated around the edge of development. Page 1 of 1 Mar 22,2017 12.37.29PM MDT 3/22/2017 TOS Development Rights Protected Lands 2016 Subject Property.jpg •. Town of Southold Protected lands 4 h Sholter island 0 05 1 3 Rhvrhmd 1 . r `r, Y https://drive.google.com/drivelfolders/0B4HxVXj4ZfbiMjFBRmO4RW INakk 1/1 -P—M&LO 16 pie . � D MAR 2 3 2017 Fuentes, Kim From: Benja Schwartz <eastcreek@gmail.com> Sent: Thursday, March 23, 2017 9:35 AM To: Russell, Scott; Lanza, Heather; Fuentes, Kim; Sepenoski,John; Doroski, Melanie Subject: Local Level Battle in a National and Global Campaign Attachments: Ackermann -TOS Farming ZBA-Planning Bd.pdf Talk about putting the barn before the farm. See attached, and see P9 51... of http:/Iwww.aftresearch.orgJresearch/Publications/detail.php?id=b93997ob7b6oegda1�8bcc9l64f6c benj a eastcreekggmail.com 631.734. 50 93 i tot March 20, 2017 To: The Zoning Board of Appeals of the Town of Southold From: Benja Schwartz Re: Undated memorandum, received by the ZBA on 3.16.17, headed: To:Leslie Weisman,ZBA Chairperson and members of the Zoning Board of Appeals From:William C.Ackermann,Owner,North Fork Viticultural Services(NFVS) When Ackermann writes>> I, William C.Ackermann, am a longtime North Fork resident and grape-grower and owner of NFVS. This self identification of applicant leaves out the owner of the subject property, Undoubtedly Mr.Ackermann will eventually identify himself as the Operating Officer of the holding company, . But his failure to mention the fact that there is a holding company is another reflection of his lack of candor with the Town of Southold. When Ackermann writes >> The concept right now is to raise a small number of grass-fed cattle for non-commercial use. It is essentially another admission that the primary use of the subject property is as a base for providing NFVS services to other farms. The grapes planted by the previous owner and the proposed livestock are clearly only incidental uses and incidentally are the only proposed uses of the property for agricultural production. If the livestock will be non commercial then they would not be part of,a "working"farm. The work applicant intends to accomplish on the farm on Alvah's Lane is reflected by the deed dated February 4th, 2016 from the prior owner to NORTH FORK VITICULTU RAL SERVICES, LLC with offices at PO Box 633 Laurel NY 11948 and 1350 Alvoih(sic) Lane Cutcho,gue, NY 11935. When asked by the Planning Board if the proposed building would include an office Ackermann said, no. The deed dated March 14th, 2016 NORTH FORK VITICULTURAL SERVICES, LLC to NFVS HOLDINGS, LLC states that both are located at 1350 Alvah's Lane Cutchogue, NY 11935. It may just be a clerical error, but the copy of said`deed in the laserfiche copy of the Planning Board site plan application file is missing the first page. There does not seem to be any mention in the site pian application of the fact that the subject property belongs to NFVS HOLDINGS, LLC. Land use regulations apply to land not landowners, but s'houldn't an application for land development identify the owner as well as the authority of any and all agent's appearing as applicants? Also inotable is that the;only mention of development rights.in favor,of the'Town of Southold'is'in the reference in the deed dated 2,4.1.6 to the prior owner's title,'There is no reference to the development rights in the deed dated 3.14.16 from NORTH FORK VITICULTURAL SERVICES, LLC to NFVS HOLDINGS, 'LLC. When Ackermann writes>>the livestock fencing was installed in the,early-summer,of 2016, and the grading, disking, seeding, irrigation lines and mowing done in the summer and fall, with equipment designed to be used on the Alvah's Lane farm, long before the Planning Board's public hearing in November. It opens the door to an inquiry into the truth of what has occurred on the property since Ackermann took possession, and when such activities have occurred.Ackermann's information neglects to state what if anything has occurred since the Planning Board's public hearing in November. When Ackermann writes >> It is important to understand that the equipment to be stored in the barn is ALL used on the Alvah's Lane farm, some of which is also used on the leased vineyards, as it is not feasible to have separate sets of equipment for leased property. Please note that equipment used on "managed vineyards" is housed in rented barns on a separate parcel of land. Running a farm or vineyard of any size requires the same equipment; more acreage simply means more time spent working. The fuzzy logic of the last sentence, which implicitly denies that many farming operations are time sensitive, reflects the lack of credibility of the assertion that "equipment used on "managed vineyards" is housed in rented barns on a separate parcel of land". If it is true, where are the rented barns, and will the equipment continue to be stored in rented barnsi or as the attached schematic showing equipment in a winter storage configuration, and as statements by applicant reflect, will equipment currently being used, and that will be used, on "managed vineyards" be moved to Alvah's Lane as soon as the site plan application is concluded? When Ackermann writes >> The Land Preservation Department reviewed the application and approved it. Ackermann is being dishonest. The Land Preservation Department webpage states >> The Land Preservation Department and volunteer Land Preservation Committee ... review proposed uses on properties subject to easements...'From a preceding statement on the webpage it is clear that reviews of, and recommendations on, potential purchases of development rights are made to the Town Board. It is not clear to whom recommendations based on reviews of proposed uses on properties subject to easements are made. It appears that land uses on properties subject to easements without buildings are not monitored. When Ackermann writes >> However, at the public hearing, some nori-farming neighbors protested the barn Ackermann reveals that he does not know his neighbors. One of the so called "non-farming neighbors" is a member of the family that owned and farmed the subject property and sold the development rights to Southold Town. That neighbor is a descendant of the farmers who taught Hargraves how to drive tractors and farm. Applicant's failure to recognize the fact,that his neighbor is a retired farmer'and is supportive of real farming, reveals his failure to consider himself a part of our community. When Ackermann writes >> The DRS deed for 1350 Alvah's Lane references the Southold Town Code which states that development rights sold property is limited to agricultural use, INCLUDING storage of agricultural equipment. Ackermann purposely leaves out the type of agricultural uses permitted. Specifically uses for the purpose of agricultural PRODUCTION, not uses for the purposes of provision of agricultural equipment, services and management. A"vineyard management/vineyard consulting company" is related to agriculture, but is not exclusively engaged in the core mission of farming, agricultural production. Nobody is trying to stop NFVS from growing grapes and grass on the farm, but tending eight acres of vines planted by prior owners,does not make the whole farm a vineyard. Nobody is denying that farmers traditionally work together. But leasing a few additional acres close to a farm, and utilizing the same equipment purchased and required for farming on the farm is one thing. It is an entirely different thing, to pursue a business model based on offsite agricultural production, management and consulting. Storage of equipment for use on leased land and managed vineyards should not be permitted on protected farmland. When Ackermann writes >> there is nothing in the Southold Town code that limits, determines or uses a formula to dictate the size of a barn on DRS land, nor the amount of equipment a farmer of DRS land may own. Ackermann implies that if he wanted to, he could build a skyscraper on the protected farmland and vertically store an army of tractors, spreaders and sprayers. Ackerman is no stranger to the effects of selling development rights. At a Town Board Meeting on February 19, 1998 Ackermann's offer to sell development rights on 57.8 acres of farmland was formally accepted by the Town Board. He did not follow thru with that sale. On information and belief, his successor in interest to that property eventually sold the development rights to Suffolk County. ,It would be difficult, if not impossible, to permit the some parts and prohibit other parts of the businesses of N FVS. As a matter of'practicality, the site;plan for the proposed warehouse garage should be denied. The Town of Southold should issue a cease and desist order to stop all off site businesses from operating on the protected farmland, without!prejudice to possiblefuture application for permits to farm from the subject property a reasonable amount of leased vineyards'if and only,if thevines�on"the leased vineyards are planted by applicant. IPZI� The instant proceeding is being conducted to decide if the Town of Southold should approve the proposed site plan. The determination of the instant proceeding will also set a precedent for future development applications on farmlands protected by Deeds of Development Rights held by the Town of Southold. The Decision of the Planning Board will not only apply pre-existing law, it will create law. When these Deeds of Development Rights were made, neither the sellers nor the buyers knew exactly what they meant. The meaning of these easements is evolving as applications to' develop on the farmlands are filed. The general terMs,of the Deeds and•of the referenced local legislation.will be vested with more specific meanings by current application to the.specific facts in this case and by potential future application to other cases. From Southold 2O20.Comprehensive Plan Draft Land Preservation Chapter August 31, 2012 : r" r Protected lands in Southold Town Owner&Type of Protected Land• Total New York State Open Space 508.70 378.20 New York State Parkland Park District 168.20 Private"'Farmland Development Rights 198.45 " - Private Open Space 944,91 "° •:a~,rf phµ Southold Town Farmland Development Rights 12285.56 Subdivision Open Space 740.31 " Suffvik Coun Farmland Development Ri hts 1660.85 Suffdlk Coun 512"35 ,O en S ace Yr�t' ` ` _' � . ' �':� .a- Suffolk Coun 'Parkland 133.73 ' �. Town Open Space 569.626'x Town Parkland 68,24 °"Ni Town/count PartnershipOen Space 189:45 Grand Total 0366.57 According to this table, there are at least 2,285.58 acres of similar farmland spread out throughout the.North Fork. According to the tdraft of the Land Preservation Chapter which this chart belongs to, Goal 1.2 is to Continue to purchase farmland development rights to preserve ,farmland. Goal 1.1, to Ensure Southold Town Code & policies encourage and advance the business of agriculture. l ncludes Goal 1.1.2.e. Define a development right and what uses remain after development rights are purchased. In other words, is the purchase of a development'right simply to prohibit residential development?What,uses remain intact after a sale of development rights? Clarify this in the Town Code. Contrary to the last quoted sentence,,the Deeds of Development Rights are written .in general language so that they can .be interpreted in contexts of specific facts. Also relevant to the instant proceeding is Goal 4. Land Stewardship„ Land Stewardship is an important aspect of the land preservation program and Involves managing the land the Town owns, as well as"monitoring the easements it.holds over,lands."where development rights were purchased or where preservation was a condition of a subdivision approval. The purpose for managing and monitoring land preserved with Town funds is to ensure the use of those lands, if any, meets the purpose(s) for which'they were preserved. Emphasis was added to focus on the relevance to the instant proceeding. Until programs for monitoring these easements are developed, the Town of Southold will continue to rely on citizen's complaints and opposition to applications like the current application to raise, and to decide, these issues. Jol Considering the obvious dishonesty, blatant disrespect and express hostility that pervade the Applicant's statements made in connection with this application for site plan approval, Applicant's statements-deserve to be subjected to a healthy dose of scrutiny.,Applicant's plans should be required to be fully, clearly and fairly presented before any development is permitted, and before any further,business operations are allowed on the protected farmland. Sincerely Yours, PS: The above quotes from the 2012 Draft of the Land Preservation Chapter of the latest attempt to'produce an express comprehensive plan for the Town of Southold are no less valid because they have not been adopted, And,the authority of the opinion contrary thereto is likewise strengthened. z .:. 'Attached is a copy of the Center for Agriculture in the Environment report on farmland preservation in the Town of Southold www.aftr6search.orq/PDRdatabase/NAPidx.htm Also attached are excerpts for the national parts of the report. '' •�� s"'St V'• S -r,.`'vM a F. ._.�}r.r 4 •.e '}. w 3.r ,r x 7 ,., -r„�y .. ? t_r•. + i -.� 4. k� k� x � w ' � 1 >" T..:Y4 i � t _ s $f 13 .. ,�• ? �' i �gY to 1,�, ..� r 7 4 � , *V; # r F� .r AiNATIONAL UIEW OF AGRI'QULTURAL 'EASEM.ENT PROGRAMS: MEASURING SUCCESS IN` PROTECTING FARMLAND REPORT 4 CE1 -bE `2070 t i rt. t7 r r A JOLNT PROJECT OF n AMERICAN .FARMLAND TRUST AND ,AGR'ICULTURAL ISSUES CENTER ;_ r �/ ,:ALVIN� D SOKOLOUV` y '� AGRFCULTURAL` ISSUES CENTER, UNIVERyS� ITY OF CALIFORNIA - Wf t Publication supported by Farm°Fouh`..d' n�'4 ` rM'�'i. t ` American Farmlfand Trust s ' SAVING TIIrill LAND THAT SUSTAINS Uts , r rt.. ,{ +. >C: 4 t. r �y ti'r i..r y rf'y-. i r _ ! �Y t• .r{ x 7;rt an ...i s.M 5�,,,!t..2,1'�'•'.�.ia!`;:� 'i.�:'r�4�.Y-. •f',y�'w fid.::; .a yC9 .� ..!. �.e a,�H�'..>.s.,�.�"ko.�s-i,`✓.i.fi .i.,':��..d�.1:i•_6.'L.�� r_.+. f..,t:r. .,`t.+r,' httpllwww.aftresearch.org/research/publicatio,iz)iuuiail.php?id=b93997Ob7b60e9daI 38b=9164%ca, A National View of Agriculture Easement Programs: Measuring Success in Protecting Farmland ® Report 4 - AFT CAE: Research aftresearch.org ABSTRACT When do agricultural easements effectively preserve farmland from urban influences? This report answers the question by examining five different tests of effective farmland protection as applied to the experiences of 46 easement programs in 15 states. Here are the principal findings, organized according to the five tests: 1. Numerical Achievements. Judging by acres and farms preserved, the 46 programs have impressive accomplishments. But in relation to the preservation job in,front of them, the results are mixed.,Only a half dozen programs have come close to completing their acquisitions in relation to the total farm acres and farms in their jurisdictions and according to stated program goals. 2. Land Market Impacts. A strong indication of easement effectiveness is that protected parcels largely remain in farming, even for the many properties that are later purchased by non-farmers primarily for residential use—the single most important finding of this study. The reason, as suggested by data on parcel resales for a number of programs, is that the purchasers tend to lease their newly acquired land to active farmers for ease of management and tax reasons. 3. Local Agricultural Economies. It is far less clear that easements are effective in contributing to another important agricultural condition—healthy local support services such as farm supply outlets, tractor dealers and processing facilities:Such services continued their long decline in many communities'with easement programs, because of more powerful economic forces, including changes from traditional agricultural to suburban customers, 4. Influencing Urban Growth.Easements effectively help to redirect or influence urban growth in about a half dozen of'1he communities served by sample programs, working largely in conjunction with local government planning policies, zoning and other land use regulations, and service delivery limitations. 5. Long-Term Preservation. Most sample programs are not prepared for the long-term job of protecting the continued viability of their holdings and preventing or responding to problems of noncompliance with easement restrictions. They have not put sufficient resources into stewardship activities, as seen in inconsistent and incomplete efforts to periodically monitor the conditions of easement'properti6s. This report concludes with a set of predictions and prescriptions, several of them focused on the likely increase in easement compliance,problems in the future. Easement programs should devote more resources to monitoring'and other stewardship activities, including the designation of specialized staff in the-area, better data on changes in parcel ownership and stronger efforts to work with new landowners of easement parcels, Page 1 of 1 Mar22,2017 04.03.-38PM MDT http://www.aftresearch.org/PDRdatabase/31.Kl�.c--" aftresearch.org New York-TOWN OF SOUTHOLD -leD-3-1 Town-wide program-Formed in 1984-researched by Terri Ptacek and Anita Zurbrugg 1 OVERVIEW-Stretching 21 miles into Long Island Sound,Southold is the eastern-most township o_n'the North Fork of Suffolk County.The shoreline landscape makes Southold an sought-after location for tourism and second homes.Almost a third of the community's 54 square miles are stili in farmland,although continually pressured by development.Southold was the first Long Island town to form its own independent agricultural easement to supplement the local preservation efforts of the Suffolk County program established earlier.Voter approved bonds and a property transfer tax have funded the town's easement acquisitions.Combining town and county efforts and the work of nonprofit organizations,easements to date have protected about one-fourth of the township's 10,000 agricultural acres.Yet local leaders,recognizing that the pace of growth and farmland conversion is exceeding the rate of easement acquisitions,are leaking for other farmland protection methods. EASEMENT ACTIVITY-1,360 acres in 69 parcels. Goals:The town has identified approximately 7,000 acres of farmland at risk of development. Other Easement Programs:Suffolk County's purchase of development rights(PDR)program,in existence since the mid 1970s,has acquired about 1,330 agricultural easement arses in the township.Nonprofit organizations such as The Peconic Land Trust and The Nature Conservancy have protected additional agricultural land through easements and fee simple acquisitions. Total Agricultural Easements in Town:Approximately 2,900 acres. FUNDING Acquisition Spending to Date:$11.5 million spent,by the town: Revenues:A 2 percent property transfer tax,approved by voters in 1998,funds the Southold Cornmunity Preservation Fund which supports the preservation of farmland and open space.Earlier funds were provided by seven voter approved environmental bonds and by foundation contributions to leverage matching federal fund and state funds. GOVERNANCE-The program is overseen by a citizens'Land Preservation Committee of"seven members appointed by the Town'Board.Members of the Land Preservation Committee also serve as the members of the Community Preservation Fund Advisory Board. STAFF AND OPERATING BUDGET-The staff includes the full-time land preservation coordinator and two newly created part-time positions:The annual operations budgei for the land preservation department is about$210,600.The town attorney and assistant attorney provide assistance on an as needed basis. ORIGINS-Faced by escalating land costs outpacing the rate of farmland protection through its easement program,in 1960 Suffolk County asked townships to help in the effort The Town of Southold organized its own PDR program in 1984 and acquired the first easements in 1986 after voter approval of an initial bond act.Six more bond issues were approved in later years.A further step was taken when the Peconic Bay Region Community Preservation Act was passed bythe state legislature in 1998, facilitating the creation of a town preservation fund for farmland and open space fueled solely by a 2 percent real estate transfer tax. ACQUISITION PROCESS AND STRATEGY-The Southold Town Board makes the final acquisition decisions,acting on the recommendations of the Land Preservation Committee.The process.is focused on acquiring easements on specif ic properties identified in the Southold Community Preservation Project Plan,adopted in 1998.As part of a town land use and preservation inventory,every working farm is identified in the plan which qualifies it for application.Applications are funded In order of submission. Rating of Parcels:No quantitative or qualitative scoring, Other Criteria:The town is currently working on adopting specific strategies that include identifying critical farmland and reaching out to owners of vulnerable parcels. CONNECTIONS TO LOCAL PLANNING AND LAND USE POLICIES-The Town Board,the Land Preservation Committee and the Planning Board work closely with landowners to preserve farmland.Southold Town policies related to the easement program include the Community Preservation Project Plan-which maps farmland lobe preserved-and a clustering and preservation requirement for new subdivisions.The Peconic Land Trust works closely with the town's Land Preservation department to facilitate PDR acquisitions combined with limited(reduced-density)_doveiopment and private conservation easements.Not satisfied with the achievements of town and county protection efforts so far,town leaders are looking at other preservation options.A moratorium on"new development is currently(2003)in place,to allow time for the town board to consider the recommendations of a blue-ribbon commission charged with preserving the'town's rural character.Proposals under consideration include conservation subdivisions and rural incentive districts permitting property tax reduction for farms. Zoning:Agricultural-conservation zoning contains some restrictions against wholesale conversion of contiguous areas of prime farmland to residential use.Clustering is required on lots of 10 or more acres,requiring 50 percent of land preserved from development. DEMOGRAPHICS 2000 Population:5,465 1990-2000 Population Change-+273 residents;+5 percent AGRICULTURAL LAND 10,232 acres about 7,500 acres actively farmed-15 percent of farmland is fallow,average parcel size approximately 17 acres Conversion to Urban Use:Southold lost 2,400 acres of farmland in the last 20 years,(Program data) OTHER AGRICULTURAL CHARACTERISTICS 1997 Market Value:Suffolk County-New York's leading producer of agricultural products-produces over$250 million annually.The own of Southold contains 22 percent of'Sutiolk County's agricultural land. Number oPFarms;606(Suffolk County) Principal Commodities:Vegetables and vineyards,grain,potatoes,sod and nursery WiP:NARRATIVE-:EASEMENT GEOGRAPHY(PROGRAM,MA'P) The Town of Southold is long and narrow,approximately 54 square miles but stretching over 21 linear miles into Long Island Sound.Most of the urban development is concentrated around the hamlets and along the shoreline.Easements are distributed throughout the town among various other privately and county protected parcels,with some easements concentrated around the edge of development. Page 1 of 1 Mar 22,20'1712.'3.7:29PM MDT 3/ M017 TOS Development Rights Protected Lands 2016 Subject Property.jpg Town of Southolds I Frotocted lands i h�•} y fir\�' � ,� � ='�•. .,!"ti.:Ali as -. If ,r�,� '� �t+Txt•� _y.� f�-�� j:f"t ! ,`�✓,�'7' to 1 tC4. Shelter island o as i f, ;''C,{ � r��i4=xs .� s• y\ t is � „� ""'.:,.:qb ,r� VV�r1,t j j_.'�';_.},��r�A{`)li•,�.�f^•` i k't i.'� , ; ``'r •.�• ry tit `. )-�a't"; Riverhead r� filrWri!shod httpsJ/drive.google com/drive/folders/OB4Hx\(Kj4ZfbiMj FBRm04RW I Nakk 1/1 ANational View nfAgricultiul"isement Programs: Measuring Sneoes,,v-'- Fa .. Page Imf2 - Home Search, allaw Mimi New Additions Funding Opportunities Projects Affiliated Centers Integrated Pest wmnomemrm Research Publications Research Publications �� uu � �8�xx��ons Overview Research A National | Publications | Pxognaonm* Measuring Success nxx Date Published: . / Protecting December 5,2006 Report 4.pdf(973.46 KB) ABSTRACT When do agricultural easements effectively preserve farmland from urban influences?This report answers the question by examining five different tests of effective farmland protection as applied mthe experiences of48 easement programs m 15 states Here are the principal findings,organized according tothe five tests. 1.Numerical Achievements Judging by acres and farms preserved,the 46 programs have impressive accomplishments.But in relation to the preservation job in front of them,the results are mixed.Only a half dozen programs have come close to completing their acquisitions in relation to the total farm ooma and farms mtheir jurisdictions and according tostated program goals. 2.Land Market Impacts A strong indication of easement effectiveness is that protected parcels largely remain in farming,even for the many properties that are later purchased by non-farmers primarily for residential use—the omg|a most important finding of this study The reason,as suggested by data on parcel resales for a number of programs,is that the purchasers tend to lease their newly acquired land to active farmers for ease of management and tax reasons. 3 Local Agricultural Economies.It is far less clear that easements are effective in contributing to another important agricultural condition—healthy|noa|support services such as farm supply ouUuts,tractor dealers and pm0000mg fao/|/Ueu,Such aom/neo continued their long decline in many communities with easement pmgramo,uououoe of more powerful economic forces,including changes from traditional agricultural msuburban customers. 4 Influencing Urban Growth.Easements effectively help to redirect or influence urban growth in about a half dozen of the communities served by sample programs,working largely in conjunction,with local government planning policies,zoning and other land use regulations,and service delivery limitations. ' o Long-Term Preservation,Most sample programs are not prepared for the long-term job ofprotecting the continued viability of their holdings and preventing or responding to problems of noncompliance with easement restrictions.They have not put sufficient resources into stewardship activities,as seen minconsistent and incomplete efforts to periodically monitor the conditions of easement properties. h+t`://xww.nftrcoeozch.ozg/rcoe:r:h/»nb]ic0ti000/detail.nhn9id=bg30Q?0b7b6Oc9dal38bco... 3/23/2017 A National View of Agricultw-, -.sement Programs: Measuring Succes,-'_ Protecting Fa... Page 2 of 2 This report concludes with a set of predictions and prescriptions,several of them focused on the likely increase In easement compliance problems in the future Easement programs should devote more resources to monitoring and other stewardship activities,including the designation of specialized staff in the area,better data on changes In parcel ownership and stronger efforts to work with new landowners of easement parcels. New Additions Funding Opportunities/RFP's Current Projects Affiliated Centers Integrated Pest Management Research&Resources Contact Information v Copyright 2006 American Farmland Trust.All rights reserved. cixv sxce.L. r� vr. 3 ra*a;_ETa' http://www.aftresearch.org/research/publications/detail.php?id=b93 9970b7b60e9da 13 8bcc... 3/23/2017 cr lt� 4 DIANE CROSSER 500 ALVAHS LANE RECEIVED CUTCHOGUE, NEW YORK 11935 MAR 2 2 2017 (631)478-1420 dscrosserwoman@optonline.net ZONING BOARD OF APPEALS WA �`,� March 18,2017 Ms. Leslie Kanes-Weisman, ZBA Chairperson and ZBA members Southold Town ZBA Department P.O. Box 1179 Southold, New York 11971 Re: Proposed Site Plan,Ackerman, 1000-102-4-6.1 Dear Ms. Kanes-Weisman: Last week, I submitted two letters to the ZBA,and included copies of documents from the ZBA and Planning Dept.files. I chose to chronicle the facts of the situation at hand,as objective evidence of the applicant's intentions for the use of the Alvahs Lane Property(1350 Alvahs Lane). I provided copies of his written submissions,and direct quotations,taken from the Planning Board Hearings and ZBA hearing. The'feelings'of neighbors, including myself, regarding this site plan are irrelevant to this matter. The essence of this issue is that the applicant,from the start of this process, has declared his intent to use the property as storage for his, "growing vineyard management company"...which, "requires a barn to store tractors,etc." When approval was not granted for this purpose, he quickly changed his stated intent, in an attempt to gain approval for his storage warehouse. In his March 16th statement addressed to the ZBA,the applicant further illustrates the deceptive tactics utilized to gain approval for a non-conforming use of agricultural, preserved land. I was unable to attend the ZBA hearing on 3/16/17; 1 understand that this was a closed hearing, and that the board will continue to receive and review additional comments regarding this site plan for one more week. I am compelled to write again. In his March 16,2017 statement to the ZBA,,the applicant states he is the owner of NFVS; the correct title of the applicant's company, however, is NFVS, LLC. "LLC is the abbreviation for a limited liability company",which is defined as,"a business structure that combines the features of a corporations and a partnership,specifically the tax benefits of partnerships and the liability protections of a corporations". (Legal Zoom). The email address of the applicant is, Bill@NFVS.Biz; his intent from the start of this process, has been to run a business on this property. In that statement,the applicant says,"It (the property) has 8 acres previously planted in vineyard,and about 15 acres in... pasture area." On October 3,2016(Planning Board Hearing),the applicant states, "There's roughly 8 acres of vineyard,the rest of the parcel, its 22.8,is not conducive to putting a vineyard on.So it'll just be grass"."Then on November 4,2016,the applicant states,"I own 23 acres,9 acres in vines, 10 more to be planted in vines". NO'DISCUSSION OF LIVESTOCK; NONE. Had livestock and a 'working farm' been the intent of the applicant, he would have declared such intention at the start of the application process,and at the Planning Board and ZBA hearings, not one year later, after the initial application was not approved for his storage facility. In the original site plan, 8/24/16,the applicant describes a proposed,"equipment barn." (Attachment A). In the March 16th statement, however,the applicant states, "The barn is intended to house NFVS equipment for use on Alvahs Lane, hay for livestock, livestock related supplies and livestock shelter."(Attachment A-2). At the October 3`d Planning Board hearing however, the applicant was asked about the use of the barn. He states, "It(the building) is where I am going to store tractors at." When asked by Ms. Lanza, "You are only using it to store tractors."The applicant responded, "That's it,there's nothing else that needs to be done there, tractors and implements. I would rather have implements stored inside the barn than rather outside the barn,that's one of the main reasons." NO MENTION OF LIVESTOCK; NONE.When questioned further, by Ms. Lanza,as to use of the dormers, ("The building has dormers,are you intending to add a second floor?"). The applicant replied, "No we have very light picking baskets and picking bins and things of that nature,and I just wanted to make use of some cubic space." (Attachment A-3). NO MENTION OF LIVESTOCK, NONE. Included with the March 16th statement, is a schematic, illustrating anticipated placement of equipment in the building. Please note that this is VASTLY different from the schematic submitted on 10/21/16. Attachment B).The 3/16/17 submission also calls for chemical storage,although the agent of the applicant stated chemicals will be ordered and used immediately, not stored. It should be noted that neither schematic indicated space allocated for"hay for the livestock, livestock related supplies and livestock shelter." NO MENTION OF LIVESTOCK, NONE.The applicant further states, "the concept now is to raise a small number of grass fed cattle". The concept in December, 2016,was to,"add sheep, pigs, and possibly cattle. IF we do move ahead with the livestock,we will need appropriate shelter for the animals." (email to Brian Cummings from Gwen Grookcock/agent of the applicant, 12/16/16),although no provision for shelter for any type of livestock has been indicated in any of the documentation,or space allocated for same in the schematics, submitted by the applicant; NO MENTION OF LIVESTOCK, NONE. January 12,2017, (letter to ZBA by the applicant), "The barn... intended to house NFVS equipment, such as tractors,sprayers, mowers,and grape bins...it could also partially become a shelter for livestock, if sheep are included. "Fast forward to March 2, 2017,the agent of the applicant states, "we are pretty much settled on cows.We were going to do sheep for a little bit, but..." (sentence not finished). No pigs, no sheep.The agent of the applicant further states,"I'm reluctant in getting into livestock a little bit. I think it's a lot more work than Bill might think it is", (Attachment C),although the letter of 3/16/16, indicates,as above stated, "the concept right now is to raise a small number of grass- fed cattle for non-commercial use." The applicant further states, "When this barn proposal was first submitted,the livestock project was mentioned, but not discussed at length with the planning department.... Given the feedback from the Planning Department, it did not seem necessary to provide further justification for a barn on a farm." In March,2016,when the land was quickly cleared, I PERSONALLY placed calls to the Planning Department, Brian Cummings, Mr. Keiley,Town Attorney, and Southold Town Supervisor,Scott Russell; NO ONE,NO ONE,was aware of plans for the property. Mr. Cummings/Planning Dept.cited plans from the former owner(Belle River Properties, Inc.),for a small horse barn on the property;there were no other plans"floated" before the Planning Dept. at that time, as the applicant would like you to believe. NONE. There is no record of any discussion regarding a, "livestock project".There was no mention of a "livestock project" at the Planning Board Hearing October 3, 2016, nor in the applicant's November 4th follow up memo to the Planning Department.When approval was not given to move ahead with plans for storage facility construction,the applicant then invented a "livestock project".The details of said project have also changed since the December 16th e- mail to Brian Cummings/Planning Department,when M. Grooncock stated,"We are in talks...to add sheep, pigs,and possibly cattle,depending on what seems feasible. "The applicant has now put up fencing,to give the impression that this is indeed a working farm. A 7,142 sq.ft. 1�jt-Eh8 permanent MAR 2 2 2017 4"03 ZONING BOARD OF APPEALS RECEIVED , l MAR 2 2 2097 structure,and must be viewed as such, not a multi-purpose storage facility, use of which is to be determined,based on the whims of the applicant,the"concept'of which changes on a rfo '�aa OF APPEALS The applicant continues. "It is important to understand that the equipment to be stored in the barn is all used on the Alvahs Lane'farm',some of which is also used on the leased vineyards,as it is not feasible to have separate sets of equipment for leased property. Please note that equipment used on'managed vineyards' is housed in rented barns on a separate parcel of land."At the March 2nd ZBA meeting, however,when Gwen Grooncock as was by ZBA Chairperson Weisman, ""Well where is the equipment now?" Ms. Grooncock(partner of the applicant) replied, "In begged and borrowed barns. (Attachment D).We have some stuff over at Lieb,stuff in Anderson's barn. It's literally been in a few places and pretty much the whole point of buying our own piece was to have out own barn and have our stuff centrally located in one place."There are NO"rented barns" as the applicant states,they are"begged and borrowed"." It should be noted that the applicant reports storage at Lieb Vineyard,the very location where the applicant states he,"leases land". Ms Grooncock continued,"The fact that this is a vineyard is just perfect, and quite frankly it never occurred to use that there would be a question...otherwise you know we could of easily bought one of the acreages like the other two acre piece nearby."The failure of the applicant to conduct due diligence prior to purchasing the property, and disregard for submitting proper paperwork to determine feasibility of his"concept" prior to purchase, is an error that should not be visited upon the neighbors of Alvahs Lane,Southold Town,or taxpayers. The applicant erroneously states,"The Land Preservation Committee reviewed the application and approved it." He also wrote, "APPROVED"on that March 7,2016 document.The jurisdiction of the Land Preservation Committee is to advise,and my understanding is that the Committee does not have the capacity to"approve".This was another attempt by the applicant to alter the file to gain acceptance of his plans. He also stated in his 8/24/16 application,that the site plan was, "an amendment to site plan previously approved by the Planning Department";that was also untrue;there was not approved site plan,as per documents I previously submitted to you. The ONLY information the Land Preservation Committee had at the time of the review was a statement by the applicant expressing his intent to build an agricultural barn,with no mention of industrial use for a management company,conducting business off premises. Without full disclosure,the Land Preservation Committee was hindered in the review,as the facts of the true usage had not been revealed. The applicant submitted a Request for Agricultural Structure Placement on Land Subject to Town Development Rights Easement form on 2/24/16. He then requested a building permit,totally bypassing the requirement for a site plan. The applicant now states that, "the largest client, Pindar Vineyards, is indeed hundreds of acres, but NFVS provides consulting services only.They have their own equipment.All this was stated very clearly and accurately on the original application,and a list of NFVS leased/managed locations was provided." In the original application, however,the applicant does not mention specific clients,and states, "NFVS is a growing vineyard management company,and requires a barn to STORE tractors,etc." "The proposed barn will provide support to existing(existing, not new)agriculture by providing storage for NFVS equipment-tractors,sprayers,etc. NFV manages 10-12 local vineyards totaling hundreds of acres." (Attachment E). In his November memo to the Planning Board, however,the applicant changes his language(and intent) by listing only six locations,and indicating"leasing of acres",which was never stated in his original application. It should also be noted that two of the locations listed,Anderson and Lieb are the very locations that Ms. Grooncock, (March 2nd ZBA hearing),were"borrowed barns"for equipment storage. Duck Walk was also omitted from the list,although mentioned as a client, by Ms.Grooncock in the March 2nd ZBA hearing. In the November 4th submission to the Planning Board,the applicant states, "I do not own a separate set of equipment for each site because that would be prohibitively expensive;the equipment rotates around in season,and sits in storage in the winter". Two curb cuts have been indicated on the site plan to facilitate"safe ingress and egress". The applicant paved one of the curb cuts two weeks ago, until a Stop Work Order was issued.The applicant has declared his intentions, "The equipment will be stored at Alva hs Lane REGARDLESS." Also on November 4, 2016, he applicant states, "The ongoing success of North Fork Viticultural Services... relies very strongly on equipment being in good working order—proper SHELTER will also prevent damage and deterioration to the equipment, which could cause unnecessary expense,and create a potential hardship"; (Attachment F). NFVS, LLC is a business,the success or demise of which is not the responsibility of neighbors,Southold Town or taxpayers. The Deed of Development Rights,defined in Chapter 25 of the Town Code of the Town of Southold, stipulates,"...right to prohibit or restrict use of the premises for any purpose other than its present state of use,agricultural production." Chapter 72,Article 72.2 of the Southold Town Comprehensive Plan, calls for"regulation of agricultural uses in Town of Southold is necessary to facilitate and encourage bona fide agricultural operations..." Miriam Webster defines bona fide as: "authentic, real,true,actual, without intention to deceive." An thorough examination of the documents of the Proposed Ackerman Site Plan, Tax Map 1000-102-4- 6.1,will reveal that there is nothing bona fide about the statements or documents provided by the applicant.The applicant declared his intentions from submission of the first site plan on 8/24/16- "Storage of NFVS equipment."At the Planning Board Hearings in October,2016,and November 2016, the applicant had every opportunity to discuss his'other concepts'for the property; he did not. Instead, he continued to support the need for his equipment storage until he did not gain approval for his business storage facility. He then attempted to camouflage the appearance of his business to appear to be an appropriate use of preserved agricultural land. Discussion of indirect use leased land and the "concept of a livestock project"then followed,and were created out of a desperate attempt to disguise his intended business use. A governing board cannot be asked to make decision,with long lasting consequences, if the details of proposal are constantly changing to appear to be something they are not. This is industrial use purpose, not farming, not agricultural use,and certainly not what taxpayers intended in voting to use tax money for land preservation. Thank youmain for your time. B U"U/ ,gyp ) lw—� RECEIVED Diane Crosser MAR % 2 2017 cc: Donald Wilcenski,Chairman, Planning Dept ZONING BOARD OF APPEALS Southold Town Board Scott Russell,Southold Town Supervisor Al Krupski,Jr.,Suffolk County Legislator Richard Amper, Executive Director, Long Island Pine Barrens Society Gail Wickham, Esq. Richard Matthew, Esq. "4 Location of action: asso �rg� e Site acreage: 6 e es 'ECEIVED Present land use: ' d i APPEAL Present zoning classification: ,10NING Ea lication for the proposed action has been filed with the Town of Southold agency,the following 2. If ana PP information shall be provided: (a) Name of applicant: Q address: © 6-33 LAOS (b) MaihnD (c) Telephone number:Area Code( ) G ---0 (d) Application number,if any: ' Will the action be directly undertaker',require funding, or approval by a state or federal agency? Yes ❑ No Rr If yes,which state or federal agency? n how the project will further support or not C. Evaluate the project to the following policies by analyzing ractices tha support the policies. Provide all proposed Rest Manag font�completion.t wall further each policy. L*aconrplete answers will require that the Foran be retest nedD OPED COAST P®LI(CY Folic 1. Foster a pattern of development in the Town of Southold makes beneficial use of a coastal location,Characeaaad Y preserves open space,snakes efficient use of ir'frastraactea minimizes adverse effects of development. See LWRP Section —Policies;Page for evaluation criteria. Yes ❑ ❑ o ppli ab e tf � ----- Inc_ Ir V ` U Attach additional sheets if'-'-e::C>;a1n Protect and preserve historic and arch;aeologic�el resources of the Town of Southold. See LWI�P policy 2. Section�—Policies Pages 3 tlaroasgl9 b for evaluation criteria ❑ Yes 11 No L!I Not Applicable 0-CEIV RECEIVED MAR 16 2017 "LONIV4G 130AP-0 OF APPEAL ZONINta BOARD OF APPEALS To: Leslie Weisman, ZBA Chairperson and members of the Zoning Board of Appeals From: William G. Ackermann, Owner, North Fork Viticultural Services (NFVS) 1, William C. Ackermann, am a longtime North Fork resident and grape-grower and - owner of NFVS. I have an amended site plan application before the Southold Town Planning Board to build a 7,142 sq. foot agricultural equipment and livestock supply barn on my 23-acre farm located at 1350 Alvah's Lane in Cutchogue (SCTM# 1000- 102-4-6.1). The land was purchased in February of 2016. The parcel is zoned AC, development rights sold (DRS) to Southold Town. It has 8 acres previously planted in vineyard and about 15 acres in NFVS refurbished pasture area and paddocks (see photos attached). a NFVS is a grape growing/vineyard managementivineyard consulting company with a number of clients on the North Fork. Some clients are managed by NFVS and utilize NFVS equipment; some clients are engage on a purely consulting basis and use their own equipment exclusively. NFVS also leases vineyards to grow and sell grapes. Currently, leased vineyards are equivalent to about 50 acres with additional leased vineyard acreage under consideration. Leased acreage is in addition to the 23 acres NFVS owns outright, 8 acres of which are currently vineyard; all fruit is sold to third parties. NFVS DOES NOT PRODUCE ANY WINE. NFVS has also begun to improve the Alvah's Lane farm for livestock; approximately 15 acres. Older and weaker wood fencing has been replaced with general livestock wood post and mesh wire fences. The north field and south field have been cleared of over- grown brush, disked, graded and planted in cover crop and pasture grass. Stands of small trees where retained and improved in the south block as natural shade areas for livestock (see attached photos). Water lines have been installed for vineyard and pasture irrigation, as well as livestock drinking water. Half the perimeter on the north and east side was already fenced in deer fencing; we have installed the remaining east and south sides with deer fence to protect the vineyard The barn is intended to house NFVS equipment for use on Alvah's Lane, hay for livestock, livestock related supplies and livestock shelter. The concept right now is to raise a small number of grass-fed cattle for non-commercial use. I have been in talks With local livestock growers and several breeders of heritage breed grass-fed cattle over the past two years. I have narrowed the livestock selection down to Red Devon or Belted Galloway grass fed breeds. aouthold Town Planning ird P a ® . g � g e � 28 4 _ October 3, 2016 Heather Lanza: You are only using it to store tractors? William Ackermann: That's it, there's nothing else that needs to be done there, tractors y and implements. I would rather-have implements stored inside the barn than rather unsightly outside of the barn, that's one of the main reasons. Heather Lanza: Is that the reason for the size of the building, the quantity? William Ackermann: I actually did a schematic, I can forward it to you if your need it, of a footprint to show where all the pieces would fit. I still don't have room for all the implements and things I want to keep under rooves so they are not damaged by weather and what have you. I'd prefer they weren't outside, just kind of randomly sitting around. �tECEYVE Heather Lanza: That would be good to provide-that to the Board. MAR 2017 William Ackermann: Sure, okay. zoNiNo BOAR of APPEALS Heather Lanza: How about the two driveways? Normally.we like to see-one curb-cut, did you have a reason why you wanted the two driveways? William Ackermann: Just because the ease of just driving, all it is, is a u-shape, that's all. There are a lot of houses and other.- I don't want to be coming in and out of there onto Alvahs Lane, backing-out if you will, I'd rather turn in and make it a safer way to get in and out. If you're familiar with the property up on the north side there is a hill, and quite frankly people:do come-down there",-not necessarily at the speed they should, and so I just felt that it was safer to have it on the flat area where everybody could see comings and goings, whether north or south. Heather,Lanza: Okay. The building has dormers, are you intending to add a second floor? William Ackermann: No, we have very light, you're probably familiar with them, picking baskets and picking bins and things of that nature, and I just wanted to make use of some cubic space. Heather Lanza: So there is a second floor? Or not? William Ackerioann: It's a loft, it's just a loft above a barn. No access from outside. Heather Lanza: Is that in any of the materials we have? William Ackermann: Any of the materials, what do you mean? Heather Lanza: Like the drawings or anything, because I didn't notice that, but it could be that I aidn't notice that we had it. That there was going to be a loft? I see a floor- William Ackermann: I gave you the floor plan and the detailed drawings. 1 "r! {y # )Ci NISr� P'•�I�r wl Cr;.}rcl ...�. 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Vicon 9proader-t a'x 8' Buekemappler-1 8'x 8' Spray Equipment Storage Drive-Through _ Equipment Storage " Double Sliding,Doors 14'x 12' load Doors Front-Facing West 14'x 12'Ov rhead Doors � \ ® :;0 ; ;card Office Iltor dated October 7,2016 D rl� n rn mr Plan Equipment Placement"ernallo Above ON r :ptail aste Deed Drawings with Second FlwA oft Storage > +Z V amicals will be permentally stored.All Chemicals used as ordered. ro t Deliveries estimated at maximum two week intervals during growing season �� and/or Trailer trips no more than once or twice per week - r1�r��yl.`zz 2017 Regular Meeting - March 2, ar Me g •,;q_Yg� ,,��k` �;�� ; 4p,ary Y�.i 7h eSVtr,., .,y� because we're trying to to decide b S r' "' try he wants between Belted Galloway`s and Red Devin's. We're � 'rI getting input o that. I'mgetting g inp n reluctant ininto live stock a little bit. I think it's alot-more: work than Bill might think it is but we have good friends that are livestock growers out here M'=r who are helping to you know help us understand the process so I guess then the nextuestion q 0 would be how many head of cattle can we foresee maybe and it's a two year cycle so over the next three or four, five years so say it's half a dozen. So then I guess we'd have to find out what equipment and supplies are would pertain-to that and add that to just the eight acre vineyard and that would be the size of the barn so I think yea I mean absolutely. Maybe we can just go look at somebody else who's got a comparable sized farm and see what their barn looks like_ MEMBER GOEHRINGER :Again site specific. GWEN GROOCOCK : Yea site specific. I mean I can tell you a thousand square feet is probably way too small you know is seven too big probably. That would you know that would be ideal but it is also large for sure so somewhere in there. CHAIRPERSON WEISMAN : I guess what the question the probative question here is if on development rights sold land you were farming whether it's agricultural, whether it's viticulture or livestock it's still farming according to our code what's the equipment and the scale you would need? I don't think the real question is about farming the subject property the question is using that scale and number of pieces of equipment elsewhere throughout the town on development rights sold property housing it there. So, that's kind of I think the essence of the question that the Planning Board has put before us whether we like it or not we have to grapple with it so is there anything else that's what I'm going to propose actually Ken,and Gerry that we adjourn this to the Special Meeting. There's a lot of things that have been submitted to us in writing. We also I want to have a complete printout we have to give it to our transcriber. I want to be able to review the Planning Board's public hearing transcripts and our own and I think you should have an opportunity to see what's been submitted in writing in case you and Mr. Ackermann would like to respond in writing to any of them or that you would like to provide additional testimony. By adjourning to the Special Meeting in two weeks we all have some time to take a deep breath, look at everything and see where we need to go with this. If at the time we have no further questions or we have no further request from anyone we'll probably close it and then we will have from that point sixty two days in which to make a determination. We generally don't take that long you know but this is complicated and it has potential precedent setting you know component to it so we want to be extremely cautious and careful and thorough and open minded so we need to digest a lot of stuff. Yes please go ahead. GWEN GROOCOCK : I just want to say on that precedent setting aspect from looking at it it's quite it could cut both ways really. Setting a precedent that this is not agriculture could be very, RECEIVED ZONING BOARD OF APPEALS MAR 16 2017 ZONING BOARD OF APPEALS When this barn proposal was first submitted, the livestock project was mentioned, but not discussed at length with the planning department, because the Alvah's Lane property had just been bought and plans were not firm at that time. Given the feedback NFVS got from the Planning Department, it did not seem necessary to provide further justification for a barn on a farm. However, the livestock fencing was installed in the early summer of 2016, and the grading, disking, seeding, irrigation lines and mowing done in the summer and fall, with equipment designed to be used on the Alvah's Lane farm, long before the Planning Board's public hearing in November. It is important to understand that the equipment to be stored in the barn is ALL used on the Alvah's Lane farm, some of which is also used on the leased vineyards, as it is not feasible to have separate sets of equipment for leased property. Please note that egyu 2ment used on "managed vineyards"is housed in rented barns on a separate parcel-of land. Running a farm or vineyard of any size requires the same equipment; more acreage simply means more time spent working. NFVS is a relatively small company compared with much larger farming operations in the area. The operations of the Alvah's Lane farm and NFVS leased vineyards depend on well maintained equipment in good working order. A barn is essential to the protection of agricultural equipment. I have attached schematic showing equipment in a winter storage configuration; this schematic has also been provided to the planning department. Please be advised there are NO plans for retail, manufacturing, or anything that is not allowed on development rights sold land, according to Southold's own code. PRiOR ACTIONS: The Land Preservation Department reviewed the application and approved it. This department exists in part to ensure that development rights sold land is used appropriately. Planning department staff at first said that the application seemed straightforward. However, at the public hearing, some non-farming neighbors protested the barn, saying it was not in keeping with their neighborhood. They compared it to an "industrial site'; this is farthest from reality as the attached photos show the agricultural land has been improved for the sole purpose of°FARMING NFVS pointed out that there is nothing in the Southold Town code that limits, determines or uses a formula to dictate the size of a barn on DRS land, nor the amount of equipment a farmer of DRS land may own. The DRS deed for 1350 Alvah's Lane references the Southold Town Code which states that development rigV&&qld property is limited to agricultural use, INCLUDING storage of agricultural equipment. MAR 2 2 2011703 9 ZONING BOARD OF APPEALS March 2, 2017 Regular Meeting GWEN GROOCOCK : Yea1 pretty much again like a majors ra s somethih that ha p Y ig peens maybe four times in the season or five times. MEMBER GOEHRINGER : Yea if it rains or whatever the case might be. GWEN GROOCOCK : So if you have the sprayer moving around and if it takes a week to.get everywhere then that's what it does and then MEMBER GOEHRINGER : So it never comes off the trailer except when you're leaving them the project. GWEN GROOCOCK : Exactly and often it stays where it's got to it stays where it is to finish the next day or whatever. MEMBER GOEHRINGER : Well the question is where is that equipment kept now? GWEN GROOCOCK : In begged and borrowed barns. We have some stuff over at Lieb, stuff in Anderson's barn. It's literally it's been in a few places and pretty much the whole point of buying our own piece was to have our own barn and have our stuff centrally in one place. The fact that this is a vineyard is just perfect and quite frankly it never occurred to us that there would be a question that this is true agriculture otherwise you know we could of easily bought one of the acreages like the two acre piece nearby or whatever and put the barn there cause they're all AG zoned but not development rights sold so there's a number of parcels in that area that could we could of bought instead to put a barn on it if we realized that there's going to be a question as to whether what we're doing is true agriculture or not. We certainly didn't expect this so CHAIRPERSON WEISMAN : Well let me try and clarify and then I think Ken had some questions he wanted to ask. What we're trying to ascertain here is, the activities that you're engaged in are all farming activities that's not the question really. The question is is this proposed barn and the equipment proposed to be stored within and intensification of use on development rights sold property which generally permits this kind of use to farm the subject property. When you go off to farm other properties using that equipment where's the line between what becomes a business a kind of commercial services farming services business and your right to farm as a farmer on your property. We know there's a history of people sharing equipment and loaning equipment and so on. You know I think in fairness there was a lot of testimony that happened before you arrived. You came very late to the hearing and GWEN GROOCOCK : I'm sure I've heard it before. PECEIvE6 703 MAR 2017 APPEAL.s } Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑Yes ❑ No YNot Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the Peconic Estuary and Town waters.See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑Yes ❑ No YNotApplicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LVd�RP Section III—Policies; Pages 62 through 65 for evaluation criteria. YrYes ❑ No❑ Not Applicable l e wesr-N s elf VC.10 Ment-V Ws S®fid , St. FS P L -tC;F I ke pr oS b-&Irw t +9 S e !1 a �s Y r S G`. �` r L Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑,Yes ❑ No Not Applicable PREPARED BY , ��'C• r' TITLE ( /ted ?I UST/ DATE MAR 2 2017��C3 AAmendedoon&/1/0�_ ZONING BOARD OF APPEALS m E C ES V E Nov.4,2016 NOV €1 4 ?Qin; Planning Board Office Town of Southold Southdid Tovin Re:Request for Information,Ackermann Agricultural Barn,Alvah's Lane Vineyard. Naming Boars! I am in receipt of your letter dated Nov. 1,which arrived after I submitted information for the file on Nov.3,so please add this to the file also. North Fork Viticultural Services owns,leases and manages a number of vineyards.I grow and sell fruit from my own vineyard,plus grow and sell fruit from leased blocks at other vineyards,and manage/consult for non-leased areas of other vineyards. © Alvah's Lane Vineyard,1350 Alvah's Lane —I own 23 acres;9 acres in vines,10 more acres to be planted in vines. a Clovis Point Vineyard, 1935 Main Road,Laurel—lease 1 acre, manage 6 acres. ® Jason's Vineyard,1785 Main Road,Laurel—lease 11 acres. * Anderson(Onabay)Vineyard,1600 South Harbor Lane,Southold—lease and manage 20 acres (ratio between lease/manage varies by harvest,according to what fruit Onabay keeps for its own wine,and what fruit 1 sell.) o Hounds Tree Estate,2600 Oregon Road,Mattituck—lease and manage 27 acres,varies as above. o Pindar Vineyards,37645 Peconic—consulting managerfor 223 acres,lease varies as above. Pindar Vineyards uses its own equipment;I oversee and direct the vineyard management program. © Lieb Vineyards, 13050 Oregon Road,Cutchogue—consulting manager plus seasonal spraying services for 90 acres. To summarize,the proposed barn is to store equipment that is used to manage my own Alvah's Lane vineyard,plus vineyards that I lease/manage. I do not own a separate set of equipment for each site because that would be prohibitively expensive;the equipment rotates around in season,and sits in storage in the winter.ALL of the equipment is also used on site to manage my own vines and property. The equipment will be stored at Alvah's Lane regardless,as I have purchased the property to be a working farm,not as a public service to provide scenery for the neighbors.Equipment in a storage barn will be far more attractive than equipment stored outside or under a large,plastic,round truss-type temporary shelter.Proper shelter will also prevent damage and deterioration to the equipment,which could cause unnecessary expense and create a potential hardship.The ongoing success of North Fork Viticultural Services and Alvah's Lane Vineyard relies very strongly on the equipment being in good working order.A working farm needs a barn. Under section 100-220 of the Southold Town Code,our farm practices are protected from interference by adjacent owners.It also declares agriculture to be desirable,and supported by Southold Town. Denying a barn to shelter essential equipment that is used on-site would be in direct conflict with this. Furthermore,the Land Preservation Committee,which deliberates on appropriate uses for preserved land,has already assessed our proposal and approved in writing the basic principle of having a good- sized storage barn on this site.Section 25-30 of Chapter 25 of the Southold Town Code explicitly states that land in agricultural production shall include equipment storage buildings,and there is nothing in the law about development rights sold land that prohibits a storage barn.(see attached from Land Preservation mittee). �a� 7 D Regards, IiECEIvE �2rCE[VED William A n,NFVS,LLC. ZONING BOARD of APPEALS ZONING BOARD OF APPEALS �- ��-Gw�► itis �� IT Date: March 21, 2017 Summary to Letter Dated March 16, 2017 (Se&Below) RECEIVED eo31 Current Information: MAR 212017 • North Fork Viticultural Services (NFVS) was started in 2009 as a 100% Azg 1clffiura��en it APPEALS o In December 2015 NFVS purchased approximately 23 DRS acres at 1350 Alvah's Ln o NFVS understanding is the DRS program was designed to PROMOTE agricultural entities o As of January 2016 a new, title company certified, survey was commissioned o Of the 23 DRS Acres, 8 Farmed as Vineyard; Approximately 15 Acres Pasture for Livestock o Livestock to consist of Heritage Breed Grass Fed Red Devon and/or Belted Galloway • NFVS leases approximately 50 Acres of vineyards from which fruit is sold to third parties • Proposed Barn to house AGRICULTURAL EQUIPMENT, LIVESTOCK and HAY for use on the 23 DRS Acres ONLY o Additional equipment used on managed acreage is housed ELSEWHERE • Southold Town DRS Deed Covenants for 1350 Alvah's Ln allows for the building of a barn and _ other agricultural related use under the definition of "Agricultural Production" as defined in Section 25-30 of Chapter 25 of the Southold Town Code; aka Ch70-3 Agricultural Lands Preservation Definitions and Ch70-5 Alienation of Development Rights o The Deed DOES NOT limit building size or restrict use of equipment to a specific location o Re-interpreting the Deed otherwise to the specific wording of Southold Town Code Section 25-30 of Chapter 25 would create unnecessary legal backlash from the Agricultural Community at large AND jeopardize the DRS program by land owner non-participation • NFVS would entertain discussion re: barn size and location 1350 Alvah's Lane Agricultural Improvements • NFVS has returned the full 23 DRS acres to active agricultural status • Pastures over-grown with weeds-and brush cleared, cultivated and completely re-planted • Entire Pasture areas regraded to avoid erosion • Old and weak wood fencing removed and replaced with stronger livestock fencing • Old, noisy and fuel leaking diesel engine for vineyard only irrigation removed and replaced with new electric submersible pump for vineyard and pasture irrigation • Existing irrigation infrastructure updated to stop leaking; additionally provide water for livestock • All old, rusting farm equipment and other unsightly debris removed and brought to town dump • Natural shade habitat provided for livestock; Port;a-shed's to be provided for livestock as well • Additional space made available to plant up to 1 additional, contiguous acre of vineyard RkurnVED 9 - MAR 18 2017 ZONING BOARD OF APPEALS To: Leslie Weisman, ZBA Chairperson and members of the Zoning Board of Appeals From: William C. Ackermann, Owner, North Fork Viticultural Services (NFVS) I, William C. Ackermann, am a longtime North Fork resident and grape-grower and owner of NFVS. I have an amended site plan application before the Southold Town Planning Board to build a 7,142 sq. foot agricultural equipment and livestock supply i barn on my 23-acre-farm located at 1350 Alvah's Lane in Cutchogue (SCTM# 1000- 102-4-6.1)`. The land was purchased in February of 2016. The parcel is zoned AC, development rights sold (DRS) to Southold Town. It has 8 acres previously planted in vineyard and about 15 acres in NFVS refurbished pasture area and paddocks (see photos attached). NFVS is a grape growing/vineyard management/vineyard consulting company with a number of clients on the North Fork. Some clients are managed by NFVS and utilize NFVS equipment; some clients are engage on a purely consulting basis and use their own equipment exclusively. NFVS also leases vineyards to grow and sell grapes. Currently, leased vineyards are equivalent to about 50 acres with additional leased vineyard acreage under consideration. Leased acreage is in addition to the 23 acres NFVS owns outright, 8 acres of which are currently vineyard; all fruit is sold to third parties. NFVS DOES NOT PRODUCE ANY WINE. NFVS has also begun to improve the Alvah's Lane farm for livestock; approximately 15 acres. Older and weaker wood fencing has been replaced with general livestock wood post and mesh wire fences. The north field and south field have been cleared of over- grown brush, disked, graded and planted in cover crop and pasture grass. Stands of small trees where retained and improved in the south block as natural shade areas for livestock (see attached photos). Water lines have been installed for vineyard and pasture irrigation, as well as livestock drinking water. Half the perimeter on the north and east side was already fenced in deer fencing; we have installed the remaining east arid'south sides with deer fence to protect the vineyard The barn is intended to house NFVS equipment for use on Alvah's Lane, hay for, livestock, livestock related supplies and livestock shelter. The concept right now is to raise a small number of grass-fed cattle for non-commercial use. I have been in talks " with local livestock growers and several breeders of heritage breed grass-fed cattle over the past two years. I have narrowed the livestock selection down to Red Devon or Belted Galloway grass fed breeds. RECEIVED _ MAR A 6 2017 J(031 ZONING BOARD OF APPEALS When this barn proposal was first submitted, the livestock project was mentioned, but not discussed at length with the planning department, because the Alvah's Lane property had just been bought and plans were not firm at that time. Given the feedback NFVS got from the Planning Department, it did not seem necessary to provide further justification for a barn on a farm. However, the livestock fencing was installed in the early summer of 2016, and the grading, disking, seeding, irrigation lines and mowing done in the summer and fall, with equipment designed to be used on the Alvah's Lane farm, long before the Planning Board's public hearing in November. It is important to understand that the equipment to be stored in the barn is ALL used on the Alvah's Lane farm, some-of which is also used on the leased vineyards, as it is not feasible to have separate sets of equipment for leased property. Please note that equipment used on "managed vineyards"is housed in rented barns on a separate parcel of land. Running a farm or vineyard of any size requires the same equipment; more acreage simply means more time spent working. NFVS is a relatively small company compared with much larger farming operations in the area. The operations of the Alvah's Lane farm and NFVS leased vineyards depend on well maintained equipment in good working order. A barn is essential to the protection of agricultural equipment. I have attached schematic showing equipment in a winter storage configuration; this schematic has also been provided to the planning department. Please be advised there are NO plans for retail, manufacturing, or anything that is not allowed on development rights sold land, according to Southold's own code. PRIOR ACTIONS: The Land Preservation Department reviewed the application and approved it. This department exists in part to ensure that development rights sold land is used appropriately. Planning department staff at first said that the application seemed straightforward. However, at the public hearing, some non-farming neighbors protested the barn, saying it was not in keeping with their neighborhood. They compared it to an "industrial site"; this is farthest from reality as the attached photos show the agricultural land has been improved for the sole purpose of"FARMING". NFVS pointed out that there is nothing in the Southold Town code that limits, determines or uses a formula to dictate the size of a barn on DRS land, nor the amount of equipment a farmer of DRS land may own. The DRS deed for 1350 Alvah's Lane references the Southold Town Code which states that development rights sold property is limited to agricultural use, INCLUDING storage of agricultural equipment. The Planning Board sent a letter to the Zoning Board of Appeals on Dec. 2, asking for an interpretation of use. The Planning Board letter incorrectly references ONLY the 8 acres of vines on the Alvah's Lane property as the sole farming activity on site: It states, incorrectly, that NFVS's "business is to manage hundreds of acres of vineyards located elsewhere." The largest client, Pindar Vineyards, is indeed hundreds of acres, but NFVS provides CONSULTING SERVICES ONLY. They have their own equipment. All this was stated very clearly and accurately on the original application, and a list of NFVS leased/managed locations was provided by request of the Planning Board. As has already been said, the size of a vineyard doesn't determine what equipment is needed, activities such as hedging, mowing, cultivating and spraying do. NFVS is farming approximately 21 acres of the Alvah's Lane property in addition to about 50 leased vineyards acres. Please review the attached information, and please feel free to ask any questions for clarification. Respec ully, 'RECEIVED' LIAR William C. Ackermann Z0%jMG 130HRO®F APPEALS ,., , a. r i' 77-7 k' { fi r ., �:: r . a _ r n i r A.~•n'� Iw P' �. f � , '� :,tw_ .may,...�. ... �� ... _.... - . ., .. .� �,� t �".•d-+Awv+ams r .� vd` _..� 1• f'~�� r .. � �+,r, Z' �`+,�•, �.. a �'' '... i � •�i _ � .a w :.w r�. �... r: ��, _ .. • .� .n. � � - �• -.. .: _ -...r .�_ i _ y� ,* � t•` f� �� f i ` ' � - � - _ '' s ` '\� ' ' X - � _. _ v�,i ' . 4 ` ' �"' .. 4' :. � f �� ms's• s ,�,. �. ! � ,_._�, , . _ ,r ,.; ,� .. - _ rI _. '. .. h �'� � .., ,. 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'.S - - m - ''n N tl• N f"'.., w N x Leaf Remover-1-8'x6' - - 'Equipment tip#y"8'x6' 8X6; - -- NetMaster Clernens 1 e=z Stor^Ig e � .. _.... -.._ -- 45J �3 i-'? yy - -t -a..f (:.'X-. i.Y,:s.�.u: L.t' •�),.•�,-,..`,• ,;,dvj - .,�K�•'re....-ter..-_.;:;i ` —_ --_ a_-H.-,:=w r-t- - 14'x 12'Overhead Doors V1con spreader-1 8 x 6' BwkeVGrppler-1 8'x 6' Spray Equipment Storage eT, _ t_. 2�_2 Drive-Through 14'x 12' a head Doors Equipment Storage Equipment Storage 14'x 12' ead Doors Double Sliding Doors 14'x 12'Ov rhead Doors Front-Facing West 14'x 12'Ov rhead Doors ' Per Planning Board Office fetter dated October 7.201 Item 1 See Floor Plan Equipment Placement Schematic Above Item 2 See Separate Detailed Drawings with Second Floor/Loft Storage Item 3 No Chemicals will be permentally stored All Chemicals used as ordered Item 4. Supply Deliveries estimated at minimum two week intervals during growing season Item 4 Trucks and/or Trader trips no more than once or twice per week RECEIVES -7037 37 March 16, 2017 MAR 16 2017 ZZONING BOARD OF AQPFALq To the Zoning Board of Appeals of the Town of Southold During the time between the first part of this hearing before the ZBA and today, the applicant started work to implement the proposed site plan. Applicant began by grading the proposed new driveway. Town of Southold told applicant to stop, but he continued construction by putting gravel on the end of the new driveway near the road. Applicant has put in writing to the Planning Board his intention to use the property for his business, with or without a warehouse/garage. Applicant is already using the property for North Fork Viticultural Services. But he is probably waiting until the application is decided before starting up full bore. Someone needs to make it clear to Applicant that the property is not in an industrial zone. Sincerely, , Maril Sawastynowicz, Fourth generation descendant of the family that used to own and farm this property and that sold the development rights to Southold Town. 4 RECEIVED MAR 16 2017 To: TOS ZBA ZONING BOARD OF APPEALS 3.16.17 In many ways Agricultural in 2000's is different from agriculture was in1900's One thing that has not changed is the way some farmers farm for the community and some farmers farm only for their own profit. While offering a CSA-Community Supported Agriculture program is not required by the covenants on farmland protected by TOS development rights. Farming for the community may be required. The requirement is both by command and control law and precatory law. The command is to use the land exclusively for farming. Winemaking is specifically prohibited. Attempts to operate agricultural support services companies was not anticipated. It was assumed that such a business was either prohibited by the general language restricting the land use to exclusively for agricultural production of crops, livestock and products made by livestock. Or possibly it was understood that agricultural support services companies were already prohibited by the zoning. Issues in site plan applications usually involve only size and placements of buildings. In this case, the primary issue is land use. As with area variances, site plan decisions usually involve a balancing and compromise between what the property owner wants and what is good for the community. As with use variances, a site plan that raises a question of use should be decided based on higher standards and without compromise. While the command and control law does not require certified sustainable farming as a condition of land use, the intent was clearly to provide for sustainable farming on the land. And while there may be opportunities for tremendous short term profit from farming with mechanical means and chemical fertilizers and pesticides. In the long term, sustainable and profitable farming must be protective of the environment. Also, in terms of economic viability organic, biodynamic and related methods are currently more economically viable. Benja Schwartz . RECEIVE) -70 �7 March 16, 2017 MAR 16 2017 ZONING BOAR®OF APPIALS To: Zoning Board of Appeals of the Town of Southold From: Nancy Sawastynowicz, Fourth generation descendant of the family that used to own and farm this property and sold the development rights. My grandparents and parents grew crops on their farm. They did not rent farm equipment and provide labor to other farmers. My family sold the development rights to protect the farm. The farmland protection includes, preventing use of the land for a housing development, and permitting use of the land only for farming. The deed of development rights says the land can only be used for agricultural production. The deed of development rights does not say the land can not be used to build houses on. It is understood that the land can not be used to build houses on. The deed of development rights says the land can only be used for agricultural production. The deed of development rights does not say the land can not be used to build a warehouse/ garage to distribute farming equipment to farm other land. It is understood that the land can not be used to build a warehouse / garage to distribute farming equipment to farm other land. Using farmland to farm other farmland, is different from, using farmland to farm. If farmland is being used to farm other farmland, the farmland is no longer being farmed. When farmland is used to farm, the agricultural products of the farmland are crops, livestock or livestock products. When farmland is used to farm other farmland, the agricultural products of the farmland are not crops, livestock or livestock products. Viticultural services are not crops, livestock or livestock products. Please do not let North Fork Viticultural Services use the farm on Alvah's Lane for anything other than farming as provided in the deed of development rights. Sincerely Yours, Fuentes Kim 71 From: { diane sym-crosser <dscrosserwoman@optonline.net> Sent: Thursday, March 16, 2017 6:36 AM To: Fuentes, Kim Subject: RE:ZBA Hearing, 3/ =6/17; cake man plan TMN� 000-0102-4-6.1Corport thank you Kim, Diane On Wed, Mar 15, 2017 at 03:53 PM, Fuentes, Kim wrote: Hi Diane, I will forward your information to the board members. FYI, during tomorrow's meeting, we may close the public hearing, but we will not take any public comment. Kim E Fuentes Secretary to the Zoning Board ofAppeals Town of Southold 54375 Main Road Southold,NY 11971 631-765-1809, Ex. 5011 E-mail.kimf@southoldtownny.aov From: dscrosserwomanOopton line.net [mailto:dscrosserwoman@optonline.net] Sent: Wednesday, March 15, 2017 3:46 PM To: Fuentes, Kim Cc: dscrosserwoman@optonline.net Subject: ZBA Hearing, 3/16/17, Ackerman Site plan TMN: 1000-0102-4-6.1Corport Attention: Ms. Leslie Kanes-Weisman: i I submitted a packet of information 5I/13/17 for your review. I would like-to—add the following comments, as I workin&tomorrow, and will be unable to attend the ZBA hearing. The residents of Alvahs Lane and the surrounding area are the textbook definition of small town living at its best. We are a hybrid community, made up of-multi-generations of farmers,North Fork 'natives', transplants from other areas, and escapees from urban life. We have cared for each other in sickness, celebrated each other's triumphs, and supported each other in tragedy. We are united as neighbors with the belief that we are gifted to live in this magnificent, picturesque, natural wonder, and are charged with the obligation to protect it for generations to come. This is why we live here, why we stay here, and why so many people want to come here. This is why we voted to use our tax money to preserve it. We are not opposed to progress or business as long as it is placed where it zoned for that purpose.,Alvahs Lane is not zoned for business, and a, "growing vineyard management company",NFVS, LLC (Limited Liability Corporation), which requires storage for its business, belongs in a location zoned for business or industrial use. Thank you for your time and consideration, Diane Crosser 2 DIANE CROSSER 500 ALVAHS LANE,CUTCHOGUE NEW YORK, 11935 (631)478-1420 dscrosserwoman@optonline.net March 8,2017 0 Ms. Leslie Kanes-Weisman, ZBA Chairperson, Zoning Board of Appeals P,O. Box 1179 Southold, New York 11971 Re: Proposed Site Plan,Ackerman 1000-102-4-6.1 Dear Ms.Weisman and ZBA Board members: I have enclosed both a letter and supporting documents in opposition to the above referenced site plan. I have also included copies of documents from the original file, housed in the ZBA office, substantiating the reasons for this opposition. It should be noted that in February,2016,the applicant had originally requested an agricultural structure placement for a 3200 sq ft. barn;3200 sq ft. Had that barn been built for agricultural use to maintain the eight acres of grapes, and perhaps livestock,there probably would have been little opposition.The applicant(in his own words),stated that he needed a storage facility for his,"growing vineyard management company",to"manage 10-12 local vineyards totally hundreds of acres" on preserved farmland.There was no mention of livestock in his site plan, no mention of livestock in the Planning Board Hearing, 10/3/16, and no mention of livestock in his November 4th letter to the Planning Department.When the plans of the applicant did not gain approval to construct his storage facility,the livestock program was conceived; the details of same, however, have changed over the past several months,and there are no concrete plans for same at this time.A Board cannot render a just and proper decision based on the'dreams'of an applicant,which in this case, keep morphing into something else.The intent of the applicant was stated from day one-to build a warehouse to store his equipment for his, "growing management company",which, "manages 10-12 local vineyards totaling hundreds of acres." He has declared on two occasions that he intends to build regardless of whether or not he obtains approval to do so. Any additional ideas for a 'working farm'are merely a desperate attempt by the applicant to push forth his storage facility for his for profit business, the location of which is on preserved land, paid for by taxpayers. If the 'working farm'and'livestock' projects were truly part of his plans,such would have been disclosed at the time of the application, and in the subsequent months;they were not. On two occasions,the applicant has stated that he will build his 'barn'when the plans are approved or not. "The equipment will be stored at Alvahs Lane regardless,as I have purchased the property to be a working farm, not as a public service to provide scenery for the neighbors". On March 3`d,the applicant began preparing the first curb cut;and a'stop work order'was issued by the Planning Dept. I hope that you will take the time to carefully review the enclosed information; as the documents are riddled with contradictions and inaccuracies. If you have any questions, I can be reached by e-mail or by phone. Thank you for your time. Diane Crosser Cc: Planning Dept, c/o Donald Wilcenski,Chairperson Southold Town Board Scott Russell,Town Supervisor Al Krupski Richard Amper, Pine Barrens Society Gail Wickham, Esq. Richard Matthew, Esq. On March 7,2016,the Department of Land Preservation deemed that,"agricultural uses are consistent with the purposes and other terms and conditions of the recorded easement."At the time of that review,the Land Preservation Committee had no knowledge that the intended use of the building was for business storage,or that only 8 of the 23 acres were in use. The March 7th letter also states,the Committee's approval of this use within the easement does not mean that such use or buildings will be approved or permitted by other departments or agencies." Please note that there are three versions of this letter in the applicant's file.The first is a copy of the original,faxed to me by Mesissa Spiro, Land Preservation Coordinator,also included a sketch with handwritten notes from the applicant. (Attachment D-1). A second copy has hand written notes on the left margin, (Attachment D-2);the notes are neither dated nor initialed. (Attachment D-2).,The third copy in the file has the word, "Approved",written by the applicant, in the upper left corner. (Attachment D-3). My understanding is that the role of the Land Preservation Committee is to review and advise, not'approve'or'disapprove'. On June 7, 2016,the town returned a check to the applicant, noting disapproval of the application,again citing the need for a site plan,and approval from the Planning Dept. Over two months later,on August 24,2016,the applicant filed an "Ackerman Property Amended Site Plan" (Attachment E), although there was no previous plan submitted,as noted on the June 7th returned check.The Site Plan from Belle River properties (March,2015) expired. (Attachment E-2).' On 8/24/16,the applicant stated, "This is an amendment to the Site Plan previously approved by the Southold Town Planning Dept. (Attachment F-1).This STATEMENT IS NOT TRUE; there was NO Site Plan submitted OR approved by the Planning Dept. Under Policy 12,the applicant states, "The proposed barn will provide storage for NFVS equipment-tractors,sprayers,etc. NFVS manages 10-12 local vineyards totaling hundreds of acres." (Attachment F-2). Under the Developed Coast Policy,the applicant states, "North Fork Viticultural Services is a growing vineyard management company and requires a barn to store tractors,etc. ." On September 12,2016, in a Site Plan Application Work Session, it was noted that Proposed,was a, "7142 sq ft. equipment storage and warehouse building".A note to staff states, "language used for the type of use should be removed from the site plan and provided as agricultural storage building." I question who has the authority to change the"language" of an application.Additionally the notes clearly state, "the storage building must be accessory to active agricultural uses ON SITE,and cannot be used for general storage or warehousing." (Attachment G). A public hearing before the Planning Dept.was held on October 3, 2016. Neighbors voiced opposition to the project, and signed petitions objecting,to industrial use on preserved agricultural land. When questions were posed about the Alvahs Lane use,the applicant stated, "There's roughly 8 acres of vineyard,the rest of the parcel, it's 22.8 is not conducive to putting a vineyard on.So it'll just be grass." When asked the purpose of the building,and if he intended to run the business out of the building,the applicant only responds, "It's where I am going to store the tractors at." Questioned as to whether that was the only use,the applicant replied, "That's it,tractors and implements." The applicant is further questioned on the size of the building, if only eight acres are in use. He responds that he can provide a schematic.That information was received by the Planning Dept.on 10/21/16,and illustrates use of the 'barn'as a warehouse for equipment, including but not limited to: two trailers, Kubota tractors, heavy duty pick up trucks;loaders, mowers and sprayers, and heavy machinery in,excess of, "implements" needed for management of 8 acres. (Attachments H1-4). At the same hearing,the applicant was also questioned as to the need for two driveways. He replied it was for ease of use, "I'd rather turn in and make it a safer way to get in and out". In the 8/24/16 application,the applicant also cited need to, "create safe access for tractors from Alvahs Lane." (Attachments 1-1-3). On November 4,2016,the applicant issued a letter to the Planning Board (Attachment J), indicating that, "...the equipment is moved around to the different sites as needed. We do not own a full set of equipment for each site...This equipment represents a large investment for the COMPANY,and cannot be left outside.....the selected location is level with open visibility up and down Alvahs Lane,to facilitate safe ingress and egress." If the equipment was truly only needed for the Alvahs Lane property,two curb cuts,safety of tractors, and safe ingress and egress would not have been pertinent to this site plan. On October 7,2016,the Planning Board requested information from the applicant, as to floor plan, drawings of the second floor,a list of chemicals/pesticides proposed to be stored in the building, and the number of trips per day/week for the, "proposed business,and deliveries of supplies."(Attachment K).A schematic, illustrating equipment storage(please see Attachment 1-13-4)was provided on 10/26,as stated above.As per my review of this site plan at the ZBA office, on 3/8/17, missing was the list of chemicals/herbicides/pesticides,as well as the number of truck trips.The applicant stated in his November 3rd letter,that, "NFVS chemicals,such as pesticides are delivered roughly every ten days in summer,....and used immediately" (please see Attachment J).The question of herbicides was ignored, although the applicant indicates two,8x6' herbicide locations in his schematic(please see Attachment H-4). The surrounding neighbors are have well water,and are most concerned about contamination of the water supply. On November 1, 2016,the Planning Board requested a list of all vineyard currently managed by NFVS. In a letter dated November 4,2016,the applicant listed six vineyards that he manages or for whom he consults,contrary to his 8/24/16 site application where he stated he manages 10-12 vineyards.At the ZBA hearing on 3/2/17, Gwen Groocock,who identified herself as the partner of the applicant,only mentioned 'a few'vineyards, but then also included Duck Walk,which was not listed on the November 4" list.That leads one to the following serious question,as the applicant has been most disingenuous since his purchase of the property:What is the total number of the.NFVC business contracts.At the March 2nd ZBA hearing,when asked the annual income of the business,the agent of the applicant declined to answer. The Planning Board asked for a complete list of contracts; not only a list of vineyards which required the use of NFVC equipment. (Attachments 1-1-2).The applicant also states 10 more acres will be planted on Alvahs Lane,despite the fact,that on October 3, 2017, he stated,that the remainder of the Alvahs Lane property is, "not conducive to putting a vineyard on.So it will just be grass." (Attachment N). He submitted that the height of the proposed storage facility would be 14',then submitted a sketch illustrating a height of 26+'. As the'Planning Dept. continued to deliberate on the merits of this site plan for a commercial warehouse,the applicant sent a letter to the Planning Dept. on 12/16/16,to the attention of Brian Cummings,and Melissa Spiro, and suggested that, "We (Ackerman) are in talks to add sheep, pigs and possible cattle, depending on what seems feasible. (Attachment M#1).When we do move ahead with the livestock,we will also need appropriate shelter for the animals...and deciding which livestock and how many to start with" (Attachment M#2).The applicant is suggesting that the barn will be shelter for the livestock, but is still deciding"which" livestock.Additionally,as per the applicant's schematic(please see Attachment H-3 )The agent of the applicant then demands, "please amend this(Planning Dept. letter to the ZBA)ASAP,and let me know immediately when it has been done." (Attachment M3). For eleven months,throughout every aspect,and every document,the applicant NEVER mentioned livestock, until approval to construct an industrial warehouse was not forthcoming. Correspondence,from the applicant, received by the Zoning Board of Appeals on 1/12/17, again changed the intent of the site plan.The applicant stated,the barn...is intended to house NFVS equipment....as well as supplies for the livestock project." It could also partially become shelter for livestock, if sheep are included.The concept right now it to raise a small number of sheep and cattle for non-commercial use at first to assess the feasibility of raising livestock commercially" (Attachment 0). There is no area on the schematic(please see Attachment H-3)dedicated to livestock supplies or livestock.That is not an assigned agricultural use-it is an experiment on 'feasibility experiment',the expense of which should not be shouldered by taxpayer money. On March 2,2017,Gwen Grooncock,acting as a spokesperson for the applicant,stated, "As far as pasture land and everything else we'are in fact wanting to put in cattle. That's going to where we're not entirely sure yet how much room that's going to take in some form of a barn, but that is part of that parcel.....There's not any kind of intensive use going on there on a day to day basis. It's literally storage." If there was no "intensive use",there would be no need for two curb cuts outs for easy ingress and egress. If it is, "literally storage" such a storage warehouse is not a permitted use of preserved agricultural land.The applicant himself has stated that equipment in a "storage barn"will be more attractive than equipment stored outside..(letter to the Planning Board, 11/4/16). Storage,as per the, Land Preservation Committee is prohibited. (Attachment P-( page 20-ZBA march 2,2017, Regular Meeting minutes). At the same meeting,the agent of the applicant,when asked what percentage is actively engaged in farming. Ms:Grooncock stated, "..eight acres of grapes,..We've planted pasture grass and are pretty much settled on cows.We were going to do sheep,for a little bit, but that's", (sentence not finished). Chairperson Weisman replied that, "Well certainly you wouldn't need that amount of equipment for viticulture for eight acres, if you were just doing your own eight acres particularly since the rest of the acreage is now being proposed for cattle which would require a different kind of situation so then most of that equipment is going to be used on other property....". (Attachment Q). Ms. Grooncock then continued, "I'm reluctant in getting into livestock a little bit. I think it's a lot more work than Bill might think it is..."I guess the next question would be how many head of cattle can we foresee,maybe and it's a two year cycle so over the next three or four,five years so say it's half a dozen. So then I guess we'd have to find out what equipment and supplies would pertain to that and add that to just the eight acre vineyard and that would be the size of the barn... (Attachment R).With that statement,the agent of the applicant acknowledges that a 7142 sq ft storage facility is not needed for the designated use of the property. Later in the meeting,the Chairperson inquired if repair of equipment would be performed in the "proposed storage building". Ms. Grooncock replied that, "no major repairs like welding or if the engine breaks",which means other machine/tractor/truck repair would be performed on the premises, resulting garage use. (Attachment S). The applicant has stated that having separate pieces of equipment for each site he manages would be prohibitively expensive. He states that lack of proper shelter will cause damage and deterioration to the equipment could cause,"unnecessary expense and create a potential hardship. "The ongoing success of NFVS...relies very strongly on the equipment being in good working order". (November 4,2016). He stated(January 12, 2017)that, "The operations of NFVC and the livestock program depend on proper a storage of the equipment and supplies.That is why it wants a barn."There are no pigs, sheep have been eliminated and now, "I'm reluctant in getting into livestock... it's a lot more work than Bill might think", and "we have not reached the stage of buying any cattle yet...I guess we'd have to find out what equipment and supplies are" (please see Attachment R);there is no'livestock program'. The agent of the applicant has stated that he would not have bought the property if development rights were intact. Preserved farmland sells for less than$24,000/acre; unpreserved land on Alvahs Lane sells for$165,000/acre. Preserved land represents quite a bargain for the buyer, especially if the buyer can convince a Planning Board,Zoning Board,and the tax payers of Southold Town that his interest is in farming, not housing his for-profit management company. "Someone buying in an agricultural district, it's buyer beware. Realtors should have a piece of paper saying, 'If you are thinking of buying in an agricultural area,this is what it entails"'. (Paulette Satur,New York Times, November 26, 2007). Similarly, if you are an LLC(Limited Liability Company),(Attachment T), reaping tax benefits of partnerships,and liability protection of a corporation,on preserved farmland, zoned for agriculture,you should know what it entails.That does not include the building of a 7142 sq ft warehouse to house a business operation. We strongly request that you deny this application, based on all of the information provided. Thank you for your time. Diane Crosser March 2, 2017 Regular Meeting art^ indicated let me see if I can just find it well I could tell you what . `' it you can find it exactly but basically it says that based upon the covenants and .ie cw = at are in the development rights contract that the town holds with this subject'°p t.� = a;-A agricultural storage building is a permitted use and that's about all they said so fn it to be an agricultural building which is permitted on DRS development rights sold' 'SIL-S see oh here's the letter this letter is dated March 7, 2016 this is to Mr.` Ackam;,amni .Fr€am the Department of Land Preservation and it says it goes over the materials that 'A"ere°presented to Land Preservation Committee and let's see go to the conclusion Land Preservation Cora~mittee members concluded that their review and found that the agricultural use as described-above shown as located within the L-shaped barn building and the pump house are-agric&ltura€ly,use is consistent with the purposes and other terms and conditions of the recorded easement. That in a nut shell is what I think the most important part of that letter. Let's see I may have some questions of Mr. Ackermann is he here? Is someone here representing Mr. Ackermann? No okay then I guess we're not going to be able to question him alright then let's see there are clearly people in the audience for this application so why don't I say who would like to address this application now? ABIGAIL WICKHAM : Good afternoon, Abigail Wickham of Cutchogue. I'm here I hadn't planned to speak because I have very limited amount on time and I expected a rather protracted meeting. I do have a letter with multiple copies that I would like to submit to the Board if I could perhaps since we do have the time just go through it very quickly. I am an advocate of farming and the development rights program but I'm concerned that this project doesn't fit within that program. In addition to my general interest in the case I do own property in the vicinity of the property. First question I have is one of jurisdiction of the Zoning Board of Appeals. The deed of development rights affecting this property quotes verbatim chapter XXV of the town code when it defines the development rights which required by the town and therefore an interpretation of this code provision is arguably the basis of the ZBA's jurisdiction. However I have questions that I think the Board might want to look at before they go further with any decision because as the matter concerns a development rights granted to the town should have perhaps be a Town Board matter perhaps with the aid of an opinion of town council in deciding this question. One could also argue that the Building Inspector is the one with authority as it is a usage question. It appears the Building Inspector and the application wasn't really given very much information about the details of where and how the equipment- , was to be stored and what it was to be used for. Therefore it may be that the matter should he sent back to the Building Inspector with the facts which have now been elicited at the Planning Board public hearing on the site plan as to whether the Notice of Disapproval should he amended. If the Notice of Disapproval is amended any party feeling aggrieved by that could" come back to you the ZBA or perhaps the Town Board directly. So it's a really I think a thorny- t March 2, 2017 Regular Meeting 0'� ''`.'y<z'`° •k*t' jurisdictional issue which you will have to address and adding to thaf which is not in my letter but given what you just referred to about the Land Preservation Committee I don't know how much information they were given in making their report to you. It merely talks about an agricultural storage building without any details as to what that equipment is used for and by whom for what and it's my understanding further that the Land Preservation Committee does not grant permits or make decisions they are a referral body under the land preservation program exclusively just a review body. My second point is that if the ZBA does -accept jurisdiction and makes too broad an interpretation of the agricultural production it can be challenged not only on traditional lines but here on the basis that it constitutes an alienation of the development rights that were granted by the town and throws you into that'whole remedy. We have seen this result in a disastrous form in the Suffolk County Chapter VIII code interpretation recently by the Supreme Court and I'm afraid that this would be,an engraved invitation to Mr. Amper to come in and make this same type of arguments. As to the merits of the application I don't think Chapter XXV of the code as it was then written allows the proposed use. The deed specifically quotes former section XXV-40 as defining agricultural production which is now the only use permitted and it also gives the town the teeth to prohibit the use of the premises for any purpose other than agricultural production. While. Chapter. XXV did specifically allow equipment storage and,structures used exclusively for agricultural purposes I don't think that structures containing equipment used in a commercial enterprise to service and support other people's vineyards was contemplated nor is it permitted. It's not going to be used exclusively for agricultural production. It will be used in connection with a contractor's business which happens to be related to agriculture. So you're really faced with a series of questions in making any decision. The first is, is providing support services to a farmer the same as being a farmer? One salient factor which distinguishes the applicant here from a farmer i.e.: a person who engages in agricultural production is that he is not economically in the position of a farmer. He does not have the risk of agricultural production. He has no skin in the game. If there's a crop failure he could get paid anyway he doesn't bear the risk of crop price fluctuation. This distinguishes him from a farmer who is engaged in agricultural production who suffers the ups and downs of the industry. He is a paid contractor not a producer. His statement that he needs this size building and I think it was over 8,000 square feet to house equipment that is necessary to tend an eight acre vineyard if that statement is true allies the fact that is highly unlikely that someone with that small a vineyard to tend would possibly justify the expense of a building of this size and type. The second question I raise and it's really a series of questions if he is considered a farmer engaged in agricultural production does he get to use that property with development rights sold to provide commercial services to other farmers even though those services are agricultural in nature or is it merely a commercial business that happens to have AG producers as customers? If he was exclusively a spraying company could he store all his spray and pesticides in this location and travel all over the North Fork and perhaps March 2,2017 Regular Meeting elsewhere to spray peo le's farms? Could he land his spray helicopter in the field, refill his tanks and fly off to whichever farmer hired him to spray the crops? I think it 4 questions that we may or may not have answers to and I don't think that's whatthe r a lot s about or what the deed allows.- The third question whyprogram is commercial equipment on preserved land when he is not using it e eforo keep all It his production? If he uses the equipment for his farms whether he owns if or evenis agricultural elsewhere and it's his crop I would say that's permitted and in line with the program if m rents s building is admittedly intended to house equipment that travels elsewhere p ogram but this vineyard. His website lists six vineyards that he works that was back in 2016 1 do a contractor many he has now. It's not uncommon for a vineyard owner to hire a contractor to c know how tend their vineyards and that's a legitimate business out here. The production come in and the vineyard owner's farm. I don't think as far as the vineyard owner goes tis taking place on es the labor their still engaged in agricultural production. For instance One Wo afters who does tending her vineyard everyday on her own land but there could be a vineyard owner is out there in NYC in his office and hires someone to tend his vineyard that's agricultural production who works this situation is the reverse. The contractor is the commercial contractor production but operations for that commercial business should not be on preservedal annd d. Another base of consideration that I just want to touch on briefly and I'm sorry this is so Ion is Another 280-13 the zoning code which defines allowable uses on AC zoned land which code section That section does allow barns and storage buildings but these are listed and I believe this is. an agricultural use permitted on the property. A commercial business as this rm a umbrella of m even apart from the development rights deed restrictions be precluded b yth art from ordinance. I would be remised that's basically my argument but I do think I Y e zoning although it may not be exact) want to mention y pertinent to this application what a stupid location this is for the building and I don't think farmers need should be overly regulated by the n could put their agricultural business buildings but it makes no sense t me whyhe e where they it smack in the middle of the frontage orient to along the road rather than turn twould Place o run east west and tucked under the hillside on the northern portion of the property up close to Alvahs Lane. He's got the same kind of access he's not going to be tampering with one agricultural soils right in the middle of the property where he has proposed it a d the prime that visual impact I'm quite sure from living in the area and maybe there are naside from the that know that but there is a this proposed building location is direct) over a r people here swale or course that runs southerly it starts up north behind Michael Kolaski's propertyoes o a water through this property right in the area where he's proposingng hs Lane further his buildi g s southwest further southwest behind Paul Kolaski's house on the west side ofunder Alvahs Lane southwest along the easterly side of the Macari Cutchogue property under the Main Rd. and connect to the headlands of Downs Creek. You can see that from the contours. It part of Downs Creek at one time and 1 wouldn't think it's a sensible location for obab,ly was - building. ;,,,a,i \ March 2,2017 Regular Meeting - J There are several houses that were built in the path of this water course for instance Mary Barren's house and they have documented drainage issues in their basements and crawl, spaces. I don't know again that the ZBA can address this location issue but you should someone .,..; '.°:•_ definitely should. So if you decide that you do have jurisdiction in this case I urge you to hold the hearing open for further input. If you feel it necessary, but in any event because it does have huge consequences to the land preservation program and the farming industry thank you and.I have copies of this for you. CHAIRPERSON WEISMAN : Thank you Gail. Just so the record is as complete as possible and is balanced as possible since there is no one here including Mr. Ackermann to question with regard to the operation on the property or the proposed operation I'm going to read something from a letter that he submitted I guess to the Planning Board let me see we received this December 21, 2016 this was submitted originally to this is a copy and it was dated January 12, 2017. The Planning Board had access to the same information but I'm going to just read an excerpt this is from William Ackermann to summarize the proposed barn is to store equipment that I use to manage my own Alvahs Lane vineyard plus vineyards that I lease and manage. I do not own a separate set of equipment for each site because that would be prohibitively expensive. The equipment rotates around in season and sits in storage in the winter. All of the equipment is also used on site to manage my own vines and property. The equipment will be stored at Alvahs Lane regardless as I have purchased the property to be a working farm. I'm going to skip down a little bit so he is using this equipment to farm the twenty three acres on Alvahs Lane that he owns nine of which are currently planted in vines, ten more are proposed to be ten more acres are proposed to be planted in vines and then he goes on to say the following other vineyards he grows and sells fruit from his own vineyard plus grows and sells fruit from leased blocks in other vineyards and manages consults for non-leased areas of other vineyards and he's leasing an acre and managing six acres at Clovis Point Vineyard. He's leasing eleven acres at Jason's Vineyard, he's leasing and managing twenty acres at Anderson on the Bay Vineyard on South Harbor Lane in Southold. He leases and manages twenty seven acres at Hounds Tree Estate on Oregon Road. He is a consulting manager for two hundred and twenty three acres of Pindar Vineyard and Pindar uses its own equipment. He oversees and directs the vineyard management and then he is also a consulting manager for ninety acres of vineyard owned by Lieb Vineyards. He also is engaged in seasonal spraying services for their ninety acres. So that's kind of a summary of what he's entered T.A. DUFFY : Do you mind if I ask a question? CHAIRPERSON WEISMAN : Not at all. I just wanted to read some of that in so that we have a sense of what information our Board has at our disposal. (r March 2, 17 u 20 Regular'Meetin Putting aside what you said about referring it back'to the Building Inspector but I do agree that if the Board _ has jurisdiction it would only be under 280-13 we wouldn't be k :fyr,a looking at the deeded rights, that would be a Town Board. I agree that this Board should not be getting into what the deeded rights mean. With regard to 28-13 do you have an opinion as to Y+' where it said here he's using equipment for his own, which is now eight acres in production for that property but then they're also using it for you know his business of caring for other people's vineyards as well, do you think that's contemplated by 280-13 or could you address that? ABIGAIL WICKHAM :_Well, I addressed it very briefly I think that that section of 280-13 which is 1 or A is about agricultural production on the particular parcel. That's what it says you can do on a parcel in that zone and that would be this parcel here this twenty three acres so I don't know how you get to that from there to saying the barn that is allowed on that parcel can be used as a commercial contractor's yard. That's what he is he's a commercial contractor. With respect to his self-serving statement about what he owns and leases I don't know if the Board has seen any of the leases how far they go I think they're a huge factual questions here. Yea you can easily skirt around this thing by putting together a lease on paper and maybe it says what it needs to or not but that's not what is happening here he's getting paid to manage these vineyards. He said that in his application he says it on his website so I think there has to be a lot more detail furnished and proof furnished to the Board before they can feel comfortable making a decision. CHAIRPERSON WEISMAN : Well while you're up there you know a lot about farmin . Yo from a long history with farming family and Southold Town. g u come ABIGAIL WICKHAM : I've been told I'm not though. I can't repair a tractor that's for sure. CHAIRPERSON WEISMAN : Neither can I but I can drive one though. What I've been told by people who do farm that it is not uncommon practice cause farm equipment is so expensive to share that equipment among many farms. ABIGAIL WICKHAM :Absolutely. c CHAIRPERSON WEISMAN : Someone will borrow something form somebody or ask them to some over with their tractor or whatever a harvester and that's the line ofu fs I suppose is the intensity of the use that we would have questioned the applicant no it's not he applicant Planning Board is the applicant we would of questioned the Mr. Ackermann on the way in which he manages or proposes to manage his the subject property in relationship to other properties because we have had before us barns that you know were perfectly legitimate I; f. agricultural storage facilities in which it was clear that the farmer actually loaned equipment or ;t t, {.F ' 3 �r,F1e1. LA,�1 ' March 2, 2017 Regular Meeting „ in some cases did something with the equipment on a neighbors farm or whatever and so we do understand that that does happen out here but we are also aware that we need to take a look at the intensity of use and you know I don't know the number of employees he has and the number of people that he might be employing to go and take that equipment and use it on i other people's property. The code is not a hundred percent clear which I guess is where the t` interpretation has to come in as to whether or not the use of equipment farming equipment must be only used on the subject property in which the agricultural structure is located which clearly some of it is going to be. I mean it's a small area planted and is proposed to be increased in the number of acres of planting but I see the points you're making. I mean it's quite a challenge for us to have to ABIGAIL WICKHAM : It is a challenge I don't think that a farmer who has equipment is precluded from contracting out to another farm you know when he's not using the equipment. The farming industry is actually one of the most cooperative industries I've seen particularly out ,f and forth but they contract back and forth because here.They do not only lend equipment back you can't possibly buy all the equipment you need but that's different than what's happening here. First of all this is preserved land number one. I'm not going to name names but the farmers I know that may do that on when they're not using their own equipment house their equipment on non-development rights land it is in their barns but I think it's a legitimate purposed because they have legitimate farming operations of their own both on their land or land they lease so yea,they may travel a bit away from their home farm base but they do it as d. It should always be allowed to happen but this part of their operation. That's always happene _ is a very bigger project and I think you're right it's very fact specific and it's his main business it's not just a side line when his tractor or his sprayer isn't being used on his vineyard you know he could probably hire it out to somebody that Macari next door let's say if they needed it but to say you know hes going to take that sprayer and make a business a running around all over . the place and taking other farms that's what he's using his sprayer for.That's the primary use of 3 it. It's not just to spray his stuff or other people's stuff in the off time. It's his primary business ! , and he said that in the application so it's a fine line but it's an important distinction cause you don't want to hamper farmers who need the extra income to be able to utilize their equipment productively in keeping with what their supposed to be doing in the overall program. i " ' t CHAIRPERSON WEISMAN : Is there other people who would like to address the application? z NANCY SAWASTYNOWICZ : Good afternoon Nancy Sawastynowicz. I have a copy so you can get the spelling. My grandparents farmed on Alvahs Lane in Cutchogue beginning almost one hundred years ago. On February 5, 1999 my grandmother sold development rights of our ancestral farm land to Southold Town. By selling the development rights my grandmother took a monetary loss to protect the family farm. Our family did not want the fertile land to become 10 �Cd D Fra, 1AJ1 C1gAw-- :� ABIGAIL A. WICKHAM � P.O. Box 1424 MAR 0 2 2017 13015 Main Road Mattituck,N.Y. 11952 BY J�2 3� 631-298-8353 ®� Fax 631-298-8565 March 2, 2017 Zoning Board of Appeals Town of Southold Main Road Southold,NY 11971 Re: Ackerman Agricultural Barn Appeal#7037, "Interpretation" Ladies and Gentlemen: I am submitting this letter in connection with the interpretation request of the Planning Board as to whether the proposed agricultural equipment storage building for a vineyard management operation qualifies as a permitted storage use on development rights-sold land. I understand that the question before the Board is whether this proposed building use qualifies as agricultural production under the restrictions of the Deed of Development Rights ("Deed")to which the property is subject. While I am an avid advocate of farming and the development rights program, I am concerned that this project does not fit within the program and is at variance with the Deed. The application raises many questions which go to the heart of the land preservation program. In addition to my general interest in the case, my special connection to the case is that I own property near the subject property, at 24085 Main Road, Cutchogue,NY. The first question is one of jurisdiction of the Zoning Board of Appeals. The Deed quotes Chapter 25 of the Town Code in defining the developments which were acquired by the Town, and an interpretation of this provision is arguably the basis of the ZBA's jurisdiction. However, as the matter concerns a deed of development rights granted to the Town, is it rather the Town Board,perhaps with the aide of an opinion of the Town Attorney, that should be deciding this question,not the ZBA? One could also argue that the Building Inspector is the one with the authority to decide this question, as it is a usage question. The Building Inspector in this case was given an application for an agricultural building, with no details as to where or how the equipment stored there was to be used or any other information as to the use of the building. The facts of the actual building use were not detailed until the Planning Board hearing on the site plan. Therefore, one could argue that the matter should be sent back to the Building Inspector, with the facts now elicited for his consideration, to determine whether the Notice of Disapproval requires amendment. If it is,the remedy to any party feeling aggrieved would then be to go to the ZBA, or perhaps the Town Board directly, as the Town owns the development rights. So I think this is a very thorny jurisdictional issue in the first instance which you will have to address. Secondly, if the ZBA accepts jurisdiction and makes too broad an interpretation of agricultural production, it can be challenged not only on traditional lines, but in this case, on the basis that it constitutes an alienation of the development rights acquired by the Town. We have seen the results of that in disastrous form in the Suffolk County Chapter 8 litigation. This case could be an engraved invitation to Mr. Amper. As to the merits of the application, I do not believe that Chapter 25 of the Town Code allows the proposed use. The Deed quotes the former Section 25-40 of the Code as it defines agricultural production, which is the only use now permitted,together with the teeth of granting the Town the right to prohibit the use of the premises for any purpose other than agricultural production. While the section specifically allows structures for "equipment storage" and"structures used exclusively for agricultural purposes", I submit that structures containing equipment used in a commercial enterprise to service and support other people's vineyards was not contemplated and is not permitted. The proposed structure is not going to be used exclusively for agricultural production; it is used in connection with a contractor's business which happens to be related to agriculture. This case presents a series of questions: 1. Is providing support services to a farmer the same as being a farmer? One salient factor which distinguishes the applicant from a farmer, i.e., a person who engages in agricultural production, is that he is not economically in the position of a farmer. He has no risk of an agricultural operation,no skin in the game. If there's a crop failure, does he get paid anyway? He does not bear the risk of crop price fluctuation. This distinguishes him from a farmer who is engaged in agricultural production and suffers the ups and downs of the industry. He is a paid contractor,not a producer. His statement that he needs this size building to house the equipment that is necessary to tend his very small vineyard on site, if true, belies the fact that it is highly unlikely that a small vineyard operation as is located on his Alvah's Lane farm could possibly justify the expenditure for a building of this size and type. 2. If he is considered a farmer engaged in agricultural production, does he get to use his property for providing commercial services to other farmers, even though those services are agricultural in nature? Or is it merely a commercial business that happens to have ag producers as customers? If he was exclusively a spray company, could he store all his spray and pesticides in this location and travel all over the North Fork and beyond to spray people's farms? Could he land his spray copter in the field,refill his tanks, and fly off to whichever farmer hired him to spray the crops? That's not what this program is about and it's not what the deed allowed. 3. Why should he get to keep all of his commercial equipment on preserved land when he is not using it for his production? If he uses the equipment for his farms,those he owns or leases, and it is his crop,that would seem to be permitted and in line with the program. But his building is clearly intended to house equipment that travels elsewhere in a contractor business. His tending the 6 vineyards listed on his website last year as customers as a vineyard manager is akin to a landscaping contractor. Many vineyard owners hire contractors come in to tend their vineyards, some from planting to harvest. The production is taking place on the vineyard owner's farm, and I don't think it matters who does the labor—whether it be One Woman who is out there every day running the show on her own land, or an owner who keeps an eye on things from his office in a NYC ! Tower while he hires a contractor. Those owners are both engaged in agricultural production on their farms. The contractor is just that—a commercial contractor. His. base of operations for that commercial business cannot be preserved land. E Another consideration in this debate is Code Section 280-13, defining the allowable uses on A-C zoned land. Barns and storage buildings are allowed in the Zone,but these j are listed under the umbrella of an agricultural use as permitted on the property. A commercial business such as this may, apart from the development rights deed, should be precluded by the zoning ordinance. I would be remiss if I did not mention what a stupid, yes stupid, location the applicant has chosen for the proposed building. While a farmer should not be overly regulated by ! the Town in where a permitted farm building may be located, it makes no sense to me why it would be placed smack in the middle of the frontage, oriented along the road, rather than turned to run east/west and moved to the northerly portion of the property just off Alvah's Lane at the bottom of the hillside. Aside from the visual impact,this is a j location of prime soils on the property, and is also directly over a watercourse/swale that runs behind the Michael Kaloski property, southwest through this property, across (under) Alvah's Lane, behind Paul Kaloski's house, and further southwest along the easterly side of Macari Cutchogue, under the Main Road, and connects to the headlands of Downs Creek. It probably was part of Down's Creek at one time. I would not think it a sensible or appropriate location for a building. There are several houses that were built in the path of this watercourse and they have documented drainage issues in their basements and crawlspaces. I don't know that the ZBA can address this location issue, but someone definitely should. i i Should you decide that you have jurisdiction in this case, I urge you to hold the ! hearing open for further for input on this application, because it will have huge consequences to the land preservation program and the farming industry. Thank you for your consideration. I Very tru y yours, I �Abi it A. Wickham i I I I I I March 2, 2017 Regular Meeting MARIL SAWASTYNOWICZ :Two GMC 3500 Denali heavy duty pickup trucks 2 trailers 30 x8.6' 4 utility trailers (17x8.6'), 1 Kubota L6060 tractor with loader and a plow (22x8.6 ), 1 Kubota L4400 tractor with loader (17x8.6'), 2 Kubota L6040 tractors with rotary mowers (22x8.6'), 3 Kubota L7040 tractors with LIPCO sprayers (25x8.6'), 1 Kubota JD5500 tractor with CIMA :,."'y sprayer (25x8.6 ), 2 herbicide (86'), 2 Vicon spreaders (8x6'), 3 fail mowers (86'), 2 hedgers _=` (86'), 1 leaf remover (86'), 1 PTO wood chipper (126'), 1 chipper and vac (18x8.6'), 2 post ` pounders (8x6'), 2 net masters -(86'), 1 perfecta disc (86'), 2 bucket grapplers (8x6') and 2 I` Clemens (8x6 ) whatever that is. That's quite a lot of equipment for one as he stated in his own F;3 words was only going to be eight acres farmed on that property. CHAIRPERSON WEISMAN : Okay would you submit that to us and then we'll make sure all the rest of the Board members receive copies anyone else? RICHARD MATTHEW : Madame chairwoman, members of the Board, counsel my name is = Richard Matthew. I am the deep pockets that just bought the lot for over$150,000 an acre up the road from the subject property. I also am an attorney on the South Fork. I have served as i counsel to the Zoning Board for the town of East Hampton. I've also served as chair on the Zoning Board of the Town of Southampton. My practice is limited to real estate and land use matters. You might I think I have some experience in zoning I hope that you won't think that I'm .'° wrong. I think the very asking of the question that the Planning Board has sent to you is this a : permitted use shows that it's nota permitted use, shows that it is not consistent with our -' agricultural practices as they were know in 1999 or as they're known today in 2017. Clearly as a y barn built a house some forty eight pieces of equipment are not intended just for the purpose of farming on that eight acres or that eight acres of that twenty two and a half acre parcel. I think Ms. Wickham has pointed out-very clearly and very appropriately that the business that the applicant or that the owner of the property has the person who's application is the subject of this hearing has another business which is using contracting labor and or equipment in other laces. I think that he's made mention of that in his a ' p plications to the Planning Board. He's p also said things about the tried to bootstrap his application to qualify as agricultural. He's talked about the potential for having livestock or other, equipment or other production on this i However there's been no attempt to do so notwithstanding his inaudible to the ' property. p g (• ) contrary. I think that the question before us is, isthis consistent with agricultural practices. I think that the counsel has asked the question about 280-13 and looked at is a barn a necessary customary accessory use to a farm. Of course it is you couldn't say that it isn't. However, when you had your farm and you have a barn for your tractor whether you use it on your farm alone or you're lending it to your neighbor or till your neighbor's field as a favor or for money is different from having a commercial agricultural warehouse garage where you have forty eight pieces of equipment that you're taking out specifically to other places. I think that the list of the equipment is very telling in this case. I have a couple of letters from Benja Schwartz, Nancy 14 1 f March 2 2017 Regular Meeting ', ``; 5.4'G'°r � µr,�:.:.��w,-fi,u,V�z Sawastynowicz's husband. They're quite pithy in their content and I'm not going to read them all. However, I think that it's very telling to note as Mr. Schwartz is pointing at if the NFVS only wanted to build a warehouse they would of bought a smaller property. This is a piece of property that was sold at a discount to market value because the development rights are <_ stripped. He should of bought in LI or AC zones with the development rights intact so other as it stands now the taxpayers of the Town of Southold are going to be subsidizing Mr. Ackermann's operation there and I think that Ms. Wickham had a very good point about having the Town Board intervene in this application or in remanding this application to the Town Board for its consideration since they are the people who purchased the development rights. Mr. Schwartz letter speaks to that as well. Ms. Wickham again has-pointed out the contradictory statements that are relative to the applicant or Mr. Ackermann's Prodi stations as to what his use on the property is relative to his statement to the Board concerning other properties that he has interests in whether those interests are ownership or merely the management of them. I think that I'll submit these to you for your file and ask (inaudible) any questions that you might have. MEMBER HORNING : Sir while you're here could I ask you to identify your parcel on right there perhaps oh you're on the other side? RICHARD MATTHEWS : On the other side number 1000-101-1-16.5. MEMBER HORNING :So you're not adjacent to the'parcel?Yes okay thank you. T. A. DUFFY : Can I ask you a question I just want to clarify something you said. I thought I heard you say that he should have bought property either in LI or in AC with property rights intact. RICHARD MATTHEWS : With the development rights intact exactly so. T. A. DUFFY : So you're saying under our zoning code under AC that his proposed use would be allowed if the property-rights were intact? Because Ms. Wickham RICHARD MATTHEWS : Ms. Wickham said the opposite to the contrary. I'm suggesting that it certainly isn't permitted on development rights stripped property. I don't know your code well enough to speak to whether it would be or not be. My gut is that it wouldn't be and I wouldn't disagree with her. T. A. DUFFY :That's why I want to clarify it. RICHARD MATTHEWS : I think that she's absolutely correct in that. I believe it wouldn't be but with the development rights stripped there's no way in God's green earth that it could be permitted. T. A. DUFFY : Okay thank you just want to clarify that. Is March 2,2017 Regular Meeting MARIL SAWASTYNOWICZ : Two GMC 3500 Denali heavy duty pickup tcucks, 2 trailers (30 x8.6'), 4 utility trailers (17x8.6 ), 1 Kubota L6060 tractor with loader and a plow (22x8.6'), 1 Kubota L4400 tractor with loader (17x8.6'), 2 Kubota L6040 tractors with rotary mowers (22x8.6'), 3 ;,` ''•:, Kubota L7040 tractors with LIPCO sprayers (25x8.6'), 1 Kubota 1D5500 tractor with CIMA sprayer (25x8.6'), 2 herbicide (86'), 2 Vicon spreaders (86'), 3 fail mowers (8x6'), 2 hedgers 86' , 1 leaf remover 86' 1 PTO wood chipper 12x6' 1 chipper and vac 18x8.6' 2 post pounders (8x6'), 2 net masters (8x6'), 1 perfecta disc (86'), 2 bucket grapplers (8x6') and 2 Clemens (8x6') whatever that is. That's quite a lot of equipment for one as he stated in his own " words was only going to be eight acres farmed on that property. 3, CHAIRPERSON WEISMAN : Okay would you submit that to us and then we'll make sure all the rest of the Board members receive copies anyone else? -n RICHARD MATTHEW : Madame chairwoman, members of the Board, counsel my name is Richard Matthew. I am the deep pockets that just bought the lot for over$150,000 an acre up the road from the subject property. I also am an attorney on the South Fork. I have served as counsel to the Zoning Board for the town of East Hampton. I've also served as chair on the Zoning Board of the Town of Southampton. My practice is limited to real estate and land use r;! matters. You might I think I have some experience in zoning I hope that you won't think that I'm wrong. I think the very asking of the question that the Planning Board has sent to you is this a permitted use shows that it's not a permitted use, shows that it is not consistent with our agricultural practices as they were know in 1999 or as they're known today in 2017. Clearly as a barn built a house some forty eight pieces of equipment are not intended just for the purpose _ of farming on that eight acres or that eight acres of that twenty two and a half acre parcel. I think Ms. Wickham has pointed out very clearly and very appropriately that the business that the applicant or that the owner of the property has the person who's application is the subject of this hearing has another business which is using contracting labor and or equipment in other places. I think that he's made mention of that in his applications to,the Planning Board. He's also said things about the tried to bootstrap his application to qualify as agricultural. He's talked about the potential for having livestock or other equipment or other production on this property. However there's been no attempt to do so notwithstanding his (inaudible) to the ; contrary. I think that the question before us is, is this consistent with agricultural practices. I k think that the counsel has asked the question about 280-13 and looked at is a barn a necessary customary accessory use to a farm. Of course it is you couldn't say'that it isn't. However, when you had your farm and you have a barn for your tractor whether you use it on your farm alone or you're lending it to your neighbor or till your neighbor's field as a favor or for money is different from having a commercial agricultural warehouse garage where you have forty eight pieces of equipment that'you're-taking out specifically to other places. I think that the list of the equipment is very telling in this case. I have a couple of letters from Benja Schwartz, Nancy 14 March 2, 2017 Regular Meeting h . Sawastynowicz's husband. They're quite pithy in their content and I'm not going to read them all. However, I think that it's very telling to note as Mr. Schwartz is pointing at if the NFVS only Y g property. piece of ,,: wanted to build a warehouse the would of bought a smallerThis is a property that was sold at a discount to market value because the development rights are stripped. He should of bought in I-I or AC zones with the development rights intact so other as it stands now the taxpayers of the Town of Southold are going to be subsidizing Mr.. Ackermann's operation there and I think that Ms. Wickham had a very good point about having the Town Board intervene in this application or in remanding this application to the Town Board for its consideration since they are the people who purchased the development rights. Mr. Schwartz letter speaks to that as well. Ms. Wickham again has pointed out the contradictory statements that are relative to the applicant or Mr. Ackermann's Prodi stations as to what his use on the property is relative to his statement to the Board concerning other properties that he has interests in whether those interests are ownership or merely the management of them. I think that I'll submit these to you for your file and ask (inaudible) any questions that you might have. MEMBER HORNING : Sir while you're here could I ask you to identify your parcel on right there perhaps oh you're on the other side? RICHARD MATTHEWS : On the other side number 1000-101-1-16.5. MEMBER HORNING :,So you're not adjacent to the parcel?Yes okay thank you. T. A. DUFFY : Can I ask you a question I just want to clarify something you said. I thought I heard you say that he should have bought property either in I-I or in AC with property rights intact. RICHARD MATTHEWS : With the development rights intact exactly so. T. A. DUFFY : So you're saying under our zoning code under AC that his proposed use would be allowed if the property rights were intact? Because Ms. Wickham RICHARD MATTHEWS : Ms. Wickham said the opposite to the contrary. I'm suggesting that it certainly isn't permitted on development rights stripped property. I don't know your code well enough to speak to whether it would be or not be. My gut is that it wouldn't be and I wouldn't disagree with her. T. A. DUFFY :That's why I want to clarify it. RICHARD MATTHEWS : I think that she's absolutely correct in that. I believe it wouldn't be but -.';with the development rights stripped there's no way in God's green earth that it could be permitted.- T. A. DUFFY : Okay thank you just want to clarify that. March 2,2017, Diane Crosser,ZBA Hearing: Re: Ackerman Site Plan The Zoning regulations,as stated in the Southold Town Code,for Agricultural-Conservation, (Chapter 280,Article III),and Light Industrial District (Chapter 280,Chapter XV)are very similar in terms of use. "The agricultural operations and accessory uses, including irrigation, raising of field and garden crops, vineyard and orchard farming....barns..."are permitted uses under AC zoning. "Contractors' businesses or yards, including but not limited to building,electrical, plumbing,and landscapers'yards" however, are permitted uses only in industrial zoned properties. They are permitted INDUSTRIAL USES.A proposed 'barn' used to house tractors,sprayers,etc.,for a MANAGEMENT CONSULTING COMPANY, which requires TWO curb cut outs for"safe tractor access from Alvahs' Lane",for the management of hundreds of acres of vines (William Ackerman,Site Plan,8/24/16)is a BUSINESS,and belongs in industrially zoned property. A site used for chemical and fuel storage required for the operations of a Vineyard Management Company, is part of that BUSINESS.The e-mail of the applicant, himself, isBill@NFVS.BIZ.That is a BUSINESS. On October 3,2016,when asked by Heather Lanza if the applicant intended to property was going to be used for NFVS LLC,as a business,he did not reply. According to the Southold Town Comprehensive Plan, "Generally,agriculture and residences peacefully co-exist.The goal is to provide a balance between supporting agriculture and ensuring neighborhoods are protected from large adverse impact.Another goal is the, "prevention and reduction of traffic congestion and promote efficient and safe circulations of vehicles and pedestrians."A VINEYARD MANAGEMENT BUSINESS acknowledging access for tractors to and from Alvahs' Lane, requiring two curb cuts outs,a fuel and pump stations cannot will most certainly have a NEGATIVE impact on the neighborhood,the ground water,and quality of life. The Southold Town Comprehensive Plan(page 22/56),calls for, "REGULATION of agricultura1,uses in the Town of Southold is necessary to facilitate and encourage'bona fide'agricultural operations,while providing for the HEALTH,SAFETY,AND WELFARE OF TOWN RESIDENTS AND VISITORS." WE ASK THAT YOU USE THE AUTHORITY OF YOUR POSITION OF PROTECT US FROM MISUSE OF PROPERTY TO BENEFIT ONE PERSON-the applicant,who stands to profit from use of a property the development rights of which were paid for by the taxpayers of Southold Town. Miriam Webster Dictionary defines, 'bona-fide'as, "authentic, real,true,actual,without intention to deceive". For over one year,the applicant attempted to deceive the Town by submitting false information,in an effort to bring his BUSINESS plans to fruition. He stated (8/24/16)that his site plan,"is an amendment to site plan previously approved the Southold Town Planning Dept." THERE WAS NO APPROVED SITE PLAN,as per Brian Cummings,Tracy(Building Dept), Mr. Kiely, (Town Attorney Office), and Scott Russell,Southold Town Supervisor.The original site plan was submitted by Belle River LLC for a horse barn and stables expired March,2015.The remainder of discrepancies throughout this planning stage are included in the paperwork which I am submitting for review. At the Southold Town Planning Board on October 2,2016, Mr.Ackerman stated, "there's roughly eight acres of vineyard,and the rest of the parcel,its 22.8, is not conducive to putting a vineyard on, so it's just be grass. Fast forward to 1/12/17,and the applicant,who has met with opposition and disapprovals of this project, now states, he needs, "an agricultural equipment and livestock barn for the"21 acres being actively farmed".Smoke and mirrors and a building proposal which morphs into something else,each time approval to build his warehouse is not granted. If I use terms words,wigeon, pochard, Khaki Campbell, black scoter, Hawaiian koloa,you might not know what I am talking about. They are all ducks. If it walks like a duck,and quacks like a duck,it is a duck. If a warehouse is used for storage for a for profit business, it is a industrial/business use not agricultural use.Wording in a site plan cannot be arbitrarily changed to suit the needs of the applicant- that is a,deceptive and not in the spirit of bona fide,as noted in the Southold Town Comprehensive Plan. Richard Amper, Executive Director of the Long Island pine Barrens Society, responded to this site plan, stating," It is clear that the proposed use does not constitute agricultural use.The applicant's use is intended to involve off-site business use of a general service nature. Especially concerning is the precedent that would be set,were the usage to be permitted." While Mr. Amper is referring to destruction of Southold Town's purchase of development rights,it will set another equally disturbing precedent.As per the Town Comprehensive Plan Update(page 22/56), "residential zoning districts are IDENTICAL to the AC zoning districts in their list of permitted uses".With that in mind- I can enlarge my garage,get a lift,and buy tools,equipment, parts,-and chemicals to work on my vehicles.Then people notice I do great work,they bring their vehicles to my home,and I travel with my equipment to service vehicles. I needed the space and equipment for my personal use(permitted), but I have now turned it into a business. I grow lavender, roses,and my husband has a vegetable garden. I need a shed to sort my equipment (permitted). People see our gardens,and ask me to manage their gardens,so I pop a"Landscaper sign" on my truck,and travel to my customers. 1 needed the shed and equipment for my personal residential use, but I have now turned it into a business. We host large parties,and people are impressed. I need a storage unit to store table,chairs,tents, glassware(permitted). People ask me to plan and run their events. I needed the items for my personal use, but I have now turned it into a business. Approval of a site plan of"growing management company"to store the company's equipment to maintain"hundreds of acres of vineyards",when only eight on this property are in use,will open the flood gates for anyone desiring to conduct business on property not zoned for such use. Approval will certainly invite a legal challenge, resulting in misuse of taxpayer monies to pay for litigation, bought on from an approval of building a warehouse on protected farm land. Thank you for your time. Attachments 3)2,11 March 2,201.7 MAR 0 2,2017- To ,2011To the Zoning Board of Appeals of the Town of Southold BY: 3 ®®®® Someone 1 know recently purchased Agricultural Conservation zoned land on Alvah's Lane with development rights intact for over$150;000 per acre. Mr. Ackermann purchased Agricultural Conservation land on•Alvah's Lane with development rights sold for less than $25,000 an acre. Ackermann•was able to.purchase the land for so'much less money because Southold Town taxpayers purchased the development rights. The issue before the ZBA is what did the taxpayers buy. What are,the meanings of development rights and agricultural purposes?The language in.the deed is broad and general. This hearing is an opportunity to discuss how the words in the deed were understood when it was granted and purchased, and what those words mean now in application to the current business and proposed building. North Fork Viticultural Services is a consulting and contracting business managing and providing equipment and labor to hundreds of acres of vineyards all over the North Fork. Ackermann now wants to build a 7140 sq.ft. warehouse to store 48 large pieces of machinery, equipment andtractors that he uses for his maintenance busiriess. Ackermann actually wrote to the Planning Board: "The equipment will be stored at Alvah's Lane regardless, as I have purchased the property to be a working farm, not as a public service to provide'scenery, for the neighbors." Scenery is'important, but zoning restrictions and development right's deeds are not only about scenery. Ackermann has already permanently changed the character of the land and neighborhood by his singular focus on income and his callous disregard for nature and neighbors. He has carved out the whole perimeter, cut down almost every tree, installed a 10 ft deer fence around the whole property. Ackermann's business and proposed building would be out of character with the rural agricultural lane. The extra traffic resulting from the NFVS business model would make driving on Alvah's Lane more dangerous. The noise and pollution would also impact our quality of life and lower the neighboring property values., I implore the Zoning Board to understand and explain to the Planning Board'the difference between a barn for a real farm and a warehouse for a company providing equipment and services to other farms. The proposed large equipment warehouse should not be permitted on the small protected farm. ; Sincerely, Maril Sawastynowicz, Fourth gage�erafion descendant of the family that used to own and farm this property and sold the development rights. Ivry grandfather Pau, rxaloski farmed this land with a one horse plow. Please keep this 22.8 acre farm a farm. Ackermann is applying to build a gigantic (7,142 sqft) building to store: 2 GIVIC 3500 Denali Heavy Duty pickup trucks (25x8.6'), 2 trailers (30x8.6), 4 Utility Trailers (17x8.6'), 1 Kubota L6060 Tractor with loader and a plow (22x8.6'), 1 Kubota L4400 Tractor with loader (17x8:6'), 2 Kubota L6040 Tractors with Rotary, dowers (22x8.6'), 3 Kubota L7040 Tractors with LIPCO Sprayers (25x8.6'), 1 Kubota JD5500 Tract®r with CIMA Sprayer (25x8.6'), 2 Herbicide (8x6'), 2 Vicon Spreaders (8x6'), 3 Flail Mowers (8x6'), 2 Hedgers (8x6'), 1 Leaf Remover (8x6'), 1 PTO wood Chipper (12x6'), 1 Chipper and Vac (18x8.6 ), 2 Post Pounders (8x6'), 2 Net Masters (8x6'), 1 Perfecta Disc (8x6'), 2 Bucket Grapplers (8x6'), and 2 Clemens (8x6'). Ackermans says: ". . . even IF we were only managing our own vineyard on this site, we would STILL need this barn and the equipment." and "ALL of the, equipment is also used on site to manage my own vines and property. The equipment will be stored at Alvah's Lane regardless . . ." I don't believe Ackermann needs 8 tractors for 8 acres of vines_ The, Development Rights were not purchased to provide a taxpayer financed discount to a commercial farm services company. Ackermann should be required to operate his commercial business somewhere else. Ben'a Schwartz � �" j ch 3, 2017 To: The Town of Southold Zoninc,,.;�rd of Appeals Re: Proposed Use of Proposed Warehouse Garage and Use of Land on 1350 Alvahs Lane, Cutchogue Dear Members of Town of Southold Zoning Board of Appeals, MCM-9 v D MAR 0 2 2017 The full project name assigned by TOS Planning Department for this sits an application is "Amended Site Plan for Ackermann Agricultural Barn". It is respectfully submitted that this project name is both inappropriate and prematurely conclusive. The site plan is a new, not"amended" plan. The site plan that was approved was for the previous owner and for a different type of building in a different location and for a different use. "Agricultural Barn" suggests that applicants' characterization of the proposed building is appropriate. To the contrary, the proposed storage building is more appropriately described as a warehouse garage. Beauty may be subjective, but a few googles show the truth of this point. First, open 3 tabs and google <barn>, <warehouse> and <garage>, then click on the <images> buttons in all tabs. Take note that none of the buildings pictured look like the proposed building. Then click the <garage> button on the <warehouse> page. Appearances are revealing. The proposed building would not be an agricultural barn it would be a warehouse garage. Town of Southold Land Preservation Committee accepted without gjscussion, and almost without question, that the proposed building would be used for purposes of agricultural production of crops, livestock and livestock products. And it would be partly, but other parts of the building would be used for purposes of commercial provision of agricultural equipment, along with labor and managerial services. The agricultural production of crops, livestock and livestock products would occur on other farms. Speakers at public hearings before Town of Southold Planning Board on October 3rd and November 7th, 2016 raised the issue of the use which the Planning Board had not theretofore questioned. This issue was then referred by the Planning Board to the ZBA. The ZBA in this instance is acting in a quasi-judicial, rather than ministerial capacity. The role is not just to apply the literal meaning of the Deed of Development Rights to the proposed use of the proposed building. The provisions of the Deed of Development Rights and the therein referenced section of the 1999 Code of the Town of Southold (Exhibit F) are intentionally general and intended to be interpreted in context of the "present state of use" in 1999, and the current understanding of sustainable agricultural practices in 2017. In a quasi-judicial capacity it is not the role of the ZBA to take sides by supporting or opposing the application. The ZBA should read and listen to both sides, apply the laws and make an impartial decision. But when, as in the instant case the holder of a significant interest does not appear in the proceeding, it is appropriate for the judicial body to request,that that interest be represented. The executive power of the Town of Southold which should be speaking on behalf of the public as the holder of the development rights, including speaking out against building a structure for prohibited purposes, and speaking in favor of enforcing the affirmative easement permitting use of the property only for 100% agricultural production, has not yet been heard from in this proceeding. I respectfully request that the ZBA at least hold the hearing open and invite the Town Board, as a necessary party, to appear or designate a representative to appear in this hearing. This is a test case for interpretation/enforcement of land use "development rights" purchased with property tax funds and belonging to we the people. Benja Schwartz - rch 3, 2017 To: The Town of Southold Zoning "ard of Appeals Re: Proposed Use of Proposed Warehouse Garage and Use of Land on 1350 Alvahs Lane, Cutchogue On February 05, 1999, our local government, a subdivision of New York State and a part of the United States of America paid $517,275.00 or$22,678 per acre to purchase the rights to use the land for any use except agricultural production. 17 years later, on February 04, 2016, Applicants purchased a fee conditional subject to the development rights easement for$545,000 or$23,893 per acre. Due to the fact that dollars in 1999 were worth more that dollars in 2016, arguably taxpayers paid more for the property than Applicants. Due to the development rights easement, the land was very affordable for Applicants. Taxpayers voted to invest in agricultural subsidies in the form of development rights purchases. Applicants are essentially diverting those subsidies to support a private business. Applicants are now using the income from the incidental agricultural production on less than eight acres of the land, to pay the mortgage on the whole parcel. In effect, taxpayers are paying Applicants' mortgage.Applicants apparently do not recognize that local government has any right to regulate the use of the property.As owner of a fee simple conditional, not a fee simple absolute, Applicants must be made to recognize the Deed of Development Rights that encumbers the right to use the property by requiring the land to be used exclusively for agricultural production. Clearly the point of the Town of Southold purchasing the development rights of the subject land was primarily to prevent residential development. But just as clear were the goals of providing for sustainable agricultural use of the land and preserving open space. Applicants stated what use the property was purchased for. "The Alvah's Lane property was purchased primarily to build this barn for agricultural use, as well as to generate income from the vines." (Exhibit A.a) Talk about putting the cart before the horse, this is putting the barn before the farm! Applicants' statement that "If NFVS only wanted to build a "warehouse" or "contractor's yard," it would have bought a smaller property, in LI, or AC dev rights intact, not an entire 23-acre farm which is already actively being farmed." (Exhibit A.b) implies that applicant recognizes that the use of the property by NFVS belongs on land zoned for industrial use. Applicants' statement is misleading because when Applicants purchased the property only 8 of the 22+ acres were being farmed. Applicants may be using the entire property, but only part of the property is being farmed. Other parts of the property are being used to store equipment and supplies, and distribute labor for hire to farm properties owned by other people. The use of the property for industrial purposes related to agriculture is not OK just because some farming is occurring on the property. The public bought the easement to preserve the use of the land as a farm. It was provided that it would forever by used "in its present state of use, agricultural production".Agricultural production in 1999 when the Deed was granted and purchased, did not involve a daily schedule of trucks with trailers pulling out or into parcels of land known as farms. Applicant's statements regarding the intended use that"There is no regular day-to-day activity taking place, such as processing. our field workers will not park there, because they park at the vineyard sites where they work. We do not provide transportation. The field crew will only be there when they are working on the Alvah's Lane vineyard itself. . . . The truck and trailer will make one or two trips to the barn a week. So, there will not be much daily activity at the barn." (Exhibit A.a) are false. Benja Schwartz rch 3, 2017 ^® A To: The Town of Southold Zonings =::ard of Appeals l Re: Proposed Use of Proposed Warehouse Garage and Use of Land on 1350 Alvahs Lane, Cutchogue Actively farming the property as applicants intend to do, and also using the property as the base of operations for providing equipment and services for supporting agricultural production on farms all over town, would obviously result in significant amounts of daily activities on the property. There are already significant amounts of daily activities occurring on the property. Frequently many cars are parked all day without a worker in site. The proposed equipment to be stored in the warehouse garage includes 2 trucks and 6 trailers. (Exhibit B) Applicants' representations, especially that there will be no more than 2 trailer trips per week, are incredible. Applicants' denies that chemicals will not be stored in the proposed warehouse garage, "NFVS Chemicals such as pesticides are delivered roughly every ten days in the summer, as needed, and used immediately, not stored in the barn. (Exhibit A.a) This is inherently contradictory and also contradicted by inclusion of areas for herbicide in the floor plan of proposed contents of the proposed warehouse garage (Exhibit B)Also, by including 4 sprayers and 2 spreaders in the list of equipment, it appears that the proposed land use is in part similar to a crop dusting service. A crop dusting service is not directly agricultural production although it supports agricultural production. In the context of the instant matter"agricultural production" is defined as crops, livestock and livestock products, Tractors and other agricultural equipment are not agricultural products in this sense. (Exhibit C) If NVFVS is really an agricultural business, why does it have a commercial licence plate? (Exhibit D) Consider the way Supervisor Russell contradicted himself and illustrated how confused the Town of Southold is about agricultural conservation and land preservation at the end of his Closing Statement in the Supervisor Candidates' Debate at Peconic Landing on 10.15.2015. >> Russell:"The agricultural industry is undergoing a lot of changes. It has new needs. Higher production, less land. We need a town that has policies, procedures and town code that are able to adapt to those needs of that vitally important industry ... Southold is celebrating its 375th anniversary this year. Southold is sustainable ... Nobody needs to come in to save the town from itself.We're doing fine. I know people are saying we need change. Change into what?" << ham://suffolktimes.timesreview com/2015/10/628931southold-town-supervisor-candidates-spar-over-leadership-fisEal-resoonslhility/ Sustainability has been defined by the local certification organization, Long Island Sustainable Winegrowing as ongoing practices which protect the environment, support the community and are economically viable www.lisustainablewine.org/sustainability The other business in the Town of Southold comparable to NFVS, Mudd Vineyards is a member, of LISW. NFVS is not. The Town of Southold pioneered the idea of commingling agricultural and residential zoning. Opponents of the proposed warehouse garage are not anti farming.And farming is not above the law. The Lunatic Fringe by Gerald Johnson, a book about great American heroes, described the ultimate issue of this referral from a national perspective. The Lunatic Fringe was published in 1957, 60 years ago, and the Deed of Development Rights was made in 1999, 18 years ago, both present issues as yet unresolved. For example: "The problem is not that of choosing the right President; it is that of creating the right climate of opinion, which involves millions of voters."And, more relevant to the current referral: "Unfortunately, as regards this problem, the passage of time has brought small increase in wisdom. Our efforts to protect the source of our food Benja Schwartz rch 3, 2017 ,��-51 To: The Town of Southold Zoning' .--ard of Appeals Re: Proposed Use of Proposed Warehouse Garage and Use of Land on 1350 Alvahs Lane, Cutchogue supply against the boom-and-bust gyrations of the price system have been anything but brilliantly successful, perhaps because of our reluctance to try to make a distinction between true primary producers and speculators in agricultural commodities. It is difficult to state in terms of statute law the exact difference between a farmer and a land operator who does no farming himself, but hires farmers by the dozen or by the hundred to work his land." Farming is a business that has long been recognized as not being profitable only to farmers. Farming is supported by tax dollars because it has benefits to the neighborhood in which it occurs and to the entire community. In contrast, the business of so called farmers like Ackerman and NFVS is not worthy of the name farming. It should be-called mercenary farming. The Town of Southold likes to be fair and give `em something. But in this case a farm will not be a farm if it has a warehouse garage on it, even if as Akermann writes, "The lot coverage relative to the size of the property is very small." Exclusive is 100% Development Rights Sold farmland does not have to be 100% actively used for farming, but it should not be used at all for any other purpose. The Deed provides that"The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, that the parcels of real property described herein are open agricultural lands actually used in bona fide agricultural production as defined in General Municipal Law section 247." (Exhibit E) §70-5 of the Code of the Town of Southold -Alienation of development rights provides that once purchased Development Rights should not be alienated without votes by the Town Board and the people. (Exhibit G) Thanking you in advance for your consideration, Benja Schwartz Benja Schwartz ,rch 3, 2017 ��?�� To: The Town of Southold Zonin&T-__y4d of Appeals Re: Proposed Use of Proposed Warehouse Garage and Use of Land on 1350 Alvahs Lane, Cutchogue EXHIBIT A a. In the letter from "NFVS, LLC. /WILLIAM ACKERMANN"to TOS Planning Board received on Nov 11, 2016, with the subject line: "To address the concerns raised at the public hearing before the Planning Board on Oct. 3" applicant presented truths and falsehoods including the following: • Size of barn - 7,142 sq. ft. This barn, including the loft, is for storage only. The size is necessary to accommodate the equipment already owned by NFVS, as you can see on the schematic provided. The lot coverage relative to the size of the property is very small. The Alvah's Lane property was purchased primarily to build this barn for agricultural use, as well as to generate income from the vines. The equipment owned by NFVS is typical for managing any vineyard, so even IF we were only managing our own vineyard on this site, we would STILL need this barn and the equipment. Any serious agricultural use on this 23-acre property requires a good-sized barn. • Daily use of barn - There is no regular day-to-day activity taking place, such as processing. Our field workers will not park there, because they park at the vineyard sites where they work. We do not provide transportation. The field crew will only be there when they are working on the Alvah's Lane vineyard itself. NFVS Chemicals such as pesticides are delivered roughly every ten days in the summer, as needed, and used immediately, not stored in the barn. The truck and trailer will make one or two trips to the barn a week. So, there will not be much daily activity at the barn. b. In the letter from North Fork Viticultural Services to TOS Planning Board received on Jan 11, 2017 Applicant wrote: If NFVS only wanted to build a "warehouse" or "contractor's yard, " it would have bought a smaller property, in LI, or AC dev rights intact, not an entire 23-acre farm which is already actively being farmed. Benja Schwartz rch 3, 2017 To: The Town of Southold Zoning �-jrd of Appeals r� Re: Proposed Use of Proposed Warehouse Garage and Use of Land on 1350 Alvahs Lane, Cutchogue EXHIBIT B Proposed Contents of Warehouse Garage Ackerman is now applying for approval to build a 7,142 sq.ft. building. He is planning to store: 2 GMC 3500 Denali Heavy Duty pickup trucks (25x8.6'), 2 trailers (30x8.6'), 4 Utility Trailers (17x8.6'), 1 Kubota L6060 Tractor with loader and a plow (22x8.6'), 1 Kubota L4400 Tractor with loader(17x8.6'), 2 Kubota L6040 Tractors with Rotary Mowers (22x8.6'), 3 Kubota L7040 Tractors with LIPCO Sprayers (25x8.6'), 1 Kubota JD5500 Tractor with CIMA Sprayer(25x8.6'), 2 Herbicide (8x6'), 2 Vicon Spreaders (8x6'), 3 Flail Mowers (8x6'), 2 Hedgers (8x6'), 1 Leaf Remover(8x6'), 1 PTO Wood Chipper(12x6'), 1 Chipper and Vac(18x8.6'), 2 Post Pounders (8x6'), 2 Net Masters (8x6'), 1 Perfecta Disc(8x6'), 2 Bucket Grapplers (8x6'), and 2 Clemens (8x6'). i Benja Schwartz rch 3, 2017 To: The Town of Southold Zoning --ard of Appeals Re: Proposed Use of Proposed Warehouse Garage and Use of Land on 1350 Alvahs Lane, Cutchogue EXHIBIT C �J1 Not an "agricultural product" y= ri�w4: G K . � K r Benja Schwartz irch 3, 2017 To: The Town of Southold Zoning, `ard of Appeals Re: Proposed Use of Proposed Warehouse Garage and Use of Land on 1350 Alvahs Lane, Cutchogue EXHIBIT E NYS General Municipal Law §247. Acquisition of Open Spaces and Areas. 1. Definitions. For the purposes of this chapter an 'open space" or'open area" is any space or area characterized by (1) natural scenic beauty or, (2)whose existing openness, natural condition, or present state of use, if retained, would enhance the present or potential value of abutting or surrounding urban development, or would maintain or enhance the conservation of natural or scenic resources. For purposes of this section natural resources shall include but not be limited to agricultural lands defined as open lands actually used in bona fide agricultural production. 2. The acquisition of interests or rights in real property for the preservation of open spaces and areas shall constitute a public purpose for which public funds may be expended or advanced, and any county, city, town or village after due notice and a public hearing may acquire, by purchase, gift, grant, bequest, devise, lease or otherwise, the fee or any lesser interest, development right, easement, covenant, or other contractual right necessary to achieve the purposes of this chapter, to land within such municipality. In the case of a village the cost of such acquisition of interests or rights may be incurred wholly at the expense of the village, at the expense of the owners of the lands benefited thereby, or partly at the expense of such owners and partly at the expense of the village at large as a local improvement in the manner provided by article twenty-two in the village law entitled local improvements. 3. After acquisition of any such interest pursuant to this act the valuation placed on such an open space or area for purposes of real estate taxation shall take into account and be limited by the limitation on future use of the land. 4. For purposes of this section, any interest acquired pursuant to this section is hereby enforceable by and against the original parties and the successors in interest, heirs and assigns of the original parties, provided that a record of such acquisition is filed in the manner provided by section two hundred ninety-one of the real property law. Such enforceability shall not be defeated because of any subsequent adverse possession, laches, estoppel, waiver, change in character of the surrounding neighborhood or any rule of common law. No general law of the state which operates to defeat the enforcement of any interest in real property shall operate to defeat the enforcement of any acquisition pursuant to this section, unless such general law expressly states the intent to defeat the enforcement of any acquisition pursuant to this section. Benja Schwartz irch 3, 2017 To: The Town of Southold Zonin?, _ "ard of Appeals - Re: Proposed Use of Proposed Warehouse Garage and Use of Land on 1350 Alvahs Lane, Cutchogue O� EXHIBIT F 1999 TOS Code Chapter 25 AGRICULTURAL LANDS PRESERVATION § 25-20 SOUTROLl3 CODE § 25-30 25-29. Purpose. The, Town Board of the Town of Southold finds that tW acqtdaltion of development riots in d�located in the Town of Southold and used in bona fide agricultural production win conserve, protect and e ge the 'improyement of prime agricultural lands, both 'for the producticai' of food and the preservation of open space, and is in the public interest and a proper public purpose�f this town accordance ' 't iefindingsy and determinations & New' orto Legislature, set forth in '§ 24-" of jha OMunicipal LW. T t $29. d) DefWflons. . ,As used in this chapter, the terms used herein are defined as- follows: s.fl s: AGRICULTURAL LANDS — La_ds used in bona fide agricultural production. AGRICULTURAL PRODUCTION- duction for commmW purposes , livestock and livestock products, but ' or portio the ;ther;wf used for processing or retail merchandistag of such crops, livestock or• live cam. d ' used in " cult production".shad also Include fances, equipmentstorage 'livestock b t"on systems antt any other structures used exduslyely fog agriculturaA,p ALIENATION — "sfer of any developx=t zight from the Town oaf-Southold tea another. COMMITTEE Southold d Cam- Inittee. DEVELOPMENT RIGHT — 7he permanent legal iu- terest or right to prohibit or restrict the use of land for any purpose ether than agricultural production, STRUCTURE--•-Anyt1iing constructed or erected in,on or under the ground or attached to anything having a . location, an or under the ground, including . 2502 fa-216-84 'Benja Schwartz -arch 3, 2017 To: The Town of Southold Zonin_,. ,-lard of Appeals Re: Proposed Use of Proposed Warehouse Garage and Use of Land on 1350 Alvahs Lane, Cutchoguei EXHIBIT G sl� V Town of Southold Code§ 70-5 Alienation of development rights. A. Development rights acquired by the Town pursuant to the provisions of this chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing thereon and upon the approval by the electors of the Town voting on a proposition submitted at a special or biennial Town election. ... C. Land Preservation Committee. ... (2) Duties of the Committee. (a) The Committee shall perform the following duties:... [2] To review all matters relevant to development rights and the agricultural economy in general. [3] To serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. Ben Schwartz M'_ 3, 2017 'to:The Town of Southold Zoning Board of Appeals Re: Proposed Use of Proposed Warehouse Garage and Use of Land on 1350 Al J Dear Members of Town of Southold Zoning Board of Appeals, MA 24, V The proposed building would not be aria ricultural barn it would 9 be a war ??se garage. is is a test To®® ®® ® case for interpretation/enforcement of Development Rights purchased by the Town of Southold with money from taxes the public voted to impose, and belonging to we the people. Town of Southold Land Preservation Committee accepted without discussion, and almost without question, that the proposed building would be used for purposes of agricultural production of crops, livestock and livestock products. And it would be partly, but other parts of the building would be used for purposes of commercial provision of agricultural equipment, along with labor and managerial services. The.agricultural production of crops, livestock and livestock products would occur on other farms. The ZBA in this instance is acting in a quasi-judicial, rather than ministerial capacity. The role is not just to apply the literal meaning of the Deed of Development Rights to the proposed use of the proposed building. The provisions of the Deed of Development Rights and the therein referenced section of the 1999 Code of the Town of Southold (Exhibit F) are intentionally general and intended to be interpreted in context of the"present state of use" in 1999, and the current understanding of sustainable agricultural practices in 2017. In a quasi-judicial capacity, it is not the role of the ZBA to take sides by supporting or opposing the application. The ZBA should read and listen to both sides, apply the laws and make an impartial decision. But when, as in the instant case the holder of a significant interest does not appear in the proceeding, it is appropriate for the judicial body to request that that interest be represented.The executive power of the Town of Southold which should be speaking on'behalf of the public as the holder of the development rights, including speaking out against building a structure for prohibited purposes, and speaking in favor of enforcing the affirmative easement permitting use of the property only for 100% agricultural production, has not yet been heard from in this proceeding. I respectfully request that the ZBA at feast hold the hearing open and invite the Town Board, as a necessary party,to appear or designate a representative to appear in this hearing. The Town of Southold and Applicants paid roughly the same price for the Development Rights and for the a fee simple conditional subject to the development rights. i Benja Schwartz Mi_ 3;2017 To:The Town of Southold Zoning Board of Appeals Re: Proposed Use of Proposed Warehouse Garage and Use of Land on 1350 Alvahs Lane, Cutchogue Due to the development rights easement, the land was very affordable for Applicants.Taxpayers voted to invest in agricultural subsidies in the form of development rights purchases.Applicants are essentially diverting those subsidies to support a private business. Applicants are now using the income from the incidental agricultural production on less than eight acres of the land, to pay the mortgage on the whole parcel. In effect, taxpayers are paying Applicants' mortgage.Applicants apparently do not recognize that local government has any right to regulate the use of the property. As owner of a fee simple conditional, not a fee simple absolute, Applicants must be made to recognize the Deed of Development Rights that encumbers the right to use the property by requiring the land to be used exclusively for agricultural production. Clearly the point of the Town of Southold purchasing the development rights of the subject land was primarily to prevent residential development_ But just as clear were the goals of providing for sustainable agricultural use of the land and preserving open space. Applicants stated what use the property was purchased for_ -The Alvah's Lane property was purchased primarily to build this barn for agricultural use, as well as to generate income from the vines." Talk about putting the cart before the horse,this is putting the barn before the farm! Applicants' statemi entthat "If NFVS only wanted to build a "warehouse" or "contractor's yard," it would have bought a smaller property, in LI, or AC dev rights intact, not an entire 23-acre farm which is already actively being farmed."implies that applicant recognizes that the use of the property by NFVS belongs on land zoned for industrial use.Applicants'statement is misleading because when Applicants purchased the property only 8 of the 22+acres were being farmed.Applicants may be using the entire property, but only part of the property is being farmed. Other parts of the property are being used to store equipment and supplies, and distribute labor for hire to farm properties owned by other people. Use of the property for industrial purposes related to agriculture is not OK because farming is also occurring on the property. The public bought the easement to preserve the use of the land as a farm. It was provided that it would forever by used "in its present state of use, agricultural production".Agricultural production in 1999 when the Deed was granted and purchased, did not involve daily schedules of trucks with trailers pulling out of, or into, parcels of land known as farms. Benja Schwartz t M' ©�� to:: The Town of Southold Zoning Board of Appeals 3 2017 Re: Proposed Use of Proposed Warehouse Garage and Use of Land on 1350 Alvahs Lane, Cutchogue Applicant's statements regarding the intended use that"There is no regular day-to-day activity taking place, such as processing. Our field workers will not park there, because they park at the vineyard sites where they work. We do not provide transportation. The field crew will only, be there when they are working on the Alvah's Lane vineyard itself. ... The truck and trailer will make one or two trips to the barn a week. So, there will not be much daily activity at the barn."are false.Actively farming the property as applicants intend to do, and also using°the property as the base of operations for providing equipment and services for supporting agricultural production on farms all over town, would obviously result in significant amounts of daily activities on the property.There are already significant amounts of daily activities occurring on the property. Frequently many cars are parked all day without a worker in site. The proposed equipment to be stored in the warehouse garage includes 2 trucks and 6 trailers.Applicants' representations, especially that there will be no more than 2 trailer trips per week, are incredible. Applicants'denies that chemicals will not be stored in the proposed warehouse garage, "NFVS Chemicals such as pesticides are delivered roughly every ten days in the summer, as needed, and used immediately, not stored in the barn."This is inherently contradictory, deliveries every 10 days are not used immediately, and also contradicted by inclusion of areas for herbicide in the floor plan of proposed contents of the proposed warehouse garage. Also, by including 4 sprayers and 2 spreaders in the list of equipment, it appears that the proposed land use is in part similar to a crop dusting service.A crop dusting service is not directly agricultural production although it supports agricultural production. In the context of the instant matter"agricultural production"is defined as crops, livestock and livestock products, Tractors and other agricultural equipment are not agricultural products in this sense. Sustainability has been defined by the local certification organization, Long Island Sustainable Nnegrowing as ongoing practices which protect the environment, support the community and are economically viable ": .=s�rsrainab��t�,ine,aia�susralnabirin., The other business in the Town of Southold comparable to NFVS, Mudd Vineyards is a member, of LISW. NFVS is not. The Town of Southold pioneered the idea of commingling agricultural and residential zoning. Opponents of the proposed warehouse garage are not anti farming.And,farming is not above the law. a n Benja Schwartz To:The Town of Southold Zoning Board of Appeals 3, 2017 Re: Proposed Use of Proposed Warehouse Garage and Use of Land on 1350 Alvahs Lane, Cutchogue Farming is a business that has long been recognized as not being profitable only to farmers_ Farming is supported by tax dollars because it has benefits to the neighborhood in which it occurs and to the entire community. In contrast, the business of so called farmers like Ackerman and NFVS is not worthy of the name farming. It should be called mercenary farming. The Town of Southold likes to be fair and give`em something. But in this case a farm will not be a farm if it has a warehouse garage on it, even if as Akermann writes, "The lot coverage relative to the size of the property is very small." Exclusive is 100% Development Rights Sold farmland does not have to be 100% actively used for farming, but it should not be used at all for any other purpose. The Deed provides that"The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part,that the parcels of real property described herein are open agricultural lands actually used in bona fide agricultural production as defined in General Municipal Law section 247.° (Exhibit E) §70-5 of the Code of the Town of Southold-Alienation of development rights, provides that once purchased Development Rights should not be alienated without votes by the Town Board and the people. Thanking you in advance for your consideration, Benja Schwartz 3.3.2017 To: Southold Zoning Board of Appeals xca y��5 From: Nancy Sawastynowicz MAR O D 2017 M grandparents farmed on Alvah's Lane in Cutcho ue, beginning almost 100y ea �� Y 9 p 9 9 9 Y `a9s� On February 5, 1999, my grandmother sold the development rights of our ancestral farmland to Southold Town. By selling the development rights, my grandmother took a monetary loss to protect the family farm. Our family did not want the fertile land to become anything other than farmland. If my grandmother was still alive, she would be traumatized by the way the farm is currently being used, and she would feel like she was cheated by the proposed warehouse garage building. The Deed of Development Rights permits owners of the property, on and after the date of the Deed forever, to use the farm exclusively for bona fide agricultural production, and restricts them from using the farm for anything else. The Deed defines agricultural production by referring to the definition in the 1999 Southold Town Code, and also ,refers to its present state of use in 1999. The definition of agricultural production in the code provides that: "Agricultural Production-shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in "agricultural production" shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and,any other structures used exclusively for agricultural purposes." Clearly, this definition of equipment storage buildings for agricultural purposes refers to purposes of agricultural production on the farm, not to purposes of agricultural production on other farms. In 1999, my grandparents were not in the business of storing and renting tractors, sprayers and other agricultural equipment. North Fork Viticultural Services (or NFVS) is•a farm service company, not a farming company. From Ackermann's statements submitted to the Planning Board it is clear that the farm was purchased to use to build a warehouse garage for NFVS farm management and service business. The farm Was not purchased by Ackermann to use as a farm for agricultural production. Ackermann is growing grapes, but his main business is growing grape growing equipment to use on other farms. Please do not let Ackerman build firehouse garage on the farm on Alva"..-_ane. The development rights of the farm belong to the people, not to Ackermann. Town of Southold DEVELOPMENT RIGHTS acquired by the Town shall not thereafter be alienated, except upon 1) An.affirmative vote of a majority of the Town Board after a public hearing, and �,`�3� 2) Approval,of the electors of the Town voting at an election. I do not believe that the people of the Town of Southold would vote to approve the proposed warehouse garage. ' Ackerman is already'in violation of'the Deed'of Development Rights. He is already using the protected farmland as a base of operations to'store trucks, trailers, tractors etc. forrhis commercial distribution of vineyard equipment and labor for hundreds of acres of vineyards all over the North Fork. NFVS farm workers'park their cars on the property on Alvah's Lane while they work all over the North Fork. And, Ackermann has'informed,the Town that his business is growing,What is to stop Ackermann from,growing out of Town? My mother's home is on the South side of the.farm. Her residential property was once part of the farm. In the'few years since Ackermann bought thefarm, he cut down the half of every tree on the Northern side'of my mother's property that was overhanging the farm. Ackermann"put in an eight and a half feet or,higher, big wire "deer fence" and,sprayed herbicide onto my mother's property. Ackermann cut down pockets of wooded areas on the farm. And Ackermann destroyed the red cedar trees that were planted,as buffers to protect the farm and my mother's home. Without any notice Ackermann cut off the ends of'my mother's clothesline trellis. Ackermann has already-turned the farm from'a beautiful healthy landscape to a barren toxic eyesore. If he is permitted to use his property as an industrial site his property value will be increased, but my mother's property value will be further reduced. And by market forces of supply and demand the values of all industrial zoned, ; property in'Town will be reduced. Alvah's Lane has already suffered many years of harmful impacts from the industrial Satur farms company. Ackermann's commercial building application is a way for him to get cheap agricultural farmland and use it for industrial purposes. Please protect the integrity of the agricultural land preservation programs of the Town of Southold by identifying the proposed commercial building as a prohibited use.on my family's ancestral farm. It was reported recently that Southold Town's liability insurance policy was not renewed because of the hazardous traffic caused by the vineyards. Ackermann's business model is making our Town an even more dangerous place to live. ' Thank You for your co sideration, , f ■. S *> ` ' 9s I� �- pp 4 } / X1,4 i CooQ'le ears r �j-Ib31 9� r This is a picture of my grandfather (we called him by the Polish form of"Gramps", "JaJa"). He is showing off his horses which he used to work the farm. ,j JLm l This is the exact spot on our grandparents farm where construction of a 150ft x 50ft garage for a vineyard service warehouse is proposed. The Town of Southold owns a development rights easement on the 22 acre farm which is supposed to limit use of the property to agricultural purposes. The development is proposed for a commercial business to perform agricultural services on other farms. The farming proposed on the property is clearly intended to be incidental to the main business of selling agricultural services. �t� YV�b -7 0-3 7 March 16, 2017 MAIC A 6 2097 ZONING BOARD OF APPEARS To: Zoning Board of Appeals of the Town of Southold From: Nancy Sawastynowicz, Fourth generation descendant of the family that used to own and farm this property and sold the development rights. My grandparents and parents grew crops on their farm. They did not rent farm equipment and provide labor to other farmers. My family sold the development rights to protect the farm. The farmland protection includes, preventing use of the land for a housing development, and permitting use of the land only for farming. The deed of development rights says the land can only be used for agricultural production. The deed of development rights does not say the land can not be used to build houses on. It is understood that the land can not be used to build houses on. The deed of development rights says the land can only be used for agricultural production. The deed of development rights does not say the land can not be used to build a warehouse / garage to distribute farming equipment to farm other land. It is understood that the land can not be used to build a warehouse / garage to distribute farming equipment to farm other land. Using farmland to farm other farmland, is different from, using farmland to farm. If farmland is being used to farm other farmland, the farmland is no longer being farmed. When farmland is used to farm, the agricultural products of the farmland are crops, livestock or livestock products. When farmland is used to farm other farmland, the agricultural products of the farmland are not crops, livestock or livestock products. Viticultural services are not crops, livestock or livestock products. Please do not let North Fork Viticultural Services use the farm on Alvah's Lane for anything other than farming as provided in the deed of development rights. Sincerely Yours, OrC00 3) 4 DO -7 l czg MAR 0 2 D March 2,2017, Diane Crosser,ZBA Hearing:Ackerman Site Plan 2017�J BY:-4'_71,-3;7 The Zoning regulations,as stated in the Southold Town Code,for Agricultural-Conservation, (ChapTe-'- 280,Article III),and Light Industrial District (Chapter 280,Chapter XV)are very similar in terms of use. "The agricultural operations and accessory uses, including irrigation, raising of field and garden crops, vineyard and orchard farming....barns..." are permitted uses under AC zoning. "Contractors' businesses or yards, including but not limited to building, electrical, plumbing,and landscapers'yards" however are permitted uses only in industrial zoned properties. They are permitted INDUSTRIAL USES.A proposed 'barn' used to house tractors,sprayers,etc.,for a MANAGEMENT CONSULTING COMPANY,which requires TWO curb cut outs for"safe tractor access from Alvahs' Lane",for the management of hundreds of acres of vines (William Ackerman,Site Plan,8/24/16) is a BUSINESS, and belongs in industrially zoned property. A site used for chemical and fuel storage required for the operations of a Vineyard Management Company, is part of that BUSINESS.The e-mail of the applicant, himself, isBill@NFVS.BIZ. That is a BUSINESS. On October 3,2016,when asked by Heather Lanza if the applicant intended to property was going to be used for NFVS, LLC, he did not reply. 1 'W�l*'2 ,According to the Southold Town Comprehensive Plan, "Generally,agriculture and residences peacefully co-exist.The goal is to provide a balance between supporting agriculture and ensuring neighborhoods are protected from large adverse impact.Another goal is the, "prevention and reduction of traffic congestion and promote efficient and safe circulations of vehicles and pedestrians."A VINEYARD MANAGEMENT BUSINESS acknowledging access for tractors to and from Alvahs' Lane, requiring two curb cuts outs,a fuel and pump stations cannot will most certainly have a NEGATIVE impact on the neighborhood,the ground water,and quality of life. The Southold Town Comprehensive Plan(page 22/56),calls for,"REGULATION of agricultural uses in the Town of Southold is necessary to facilitate and encourage 'bona fide'agricultural operations,while providing for the HEALTH,SAFETY,AND WELFARE OF TOWN RESIDENTS AND VISITORS." WE ASK THAT YOU USE THE AUTHORITY OF YOUR POSITION OF PROTECT US FROM MISUSE OF PROPERTY TO BENEFIT ONE PERSON-the applicant,who stands to profit from use of a property the development rights of which were paid for by the taxpayers of Southold Town. Miriam Webster Dictionary defines, 'bona fide'as, "authentic, real,true,actual,without intention to deceive". For over one year,the applicant attempted to deceive the Town by submitting false information,in an effort to bring his BUSINESS plans to fruition. He stated (8/24/16)that his site plan,"is an amendment to site plan previously approved the Southold Town Planning Dept." THERE WAS NO APPROVED SITE PLAN,as per Brian Cummings,Tracy(Building Dept), Mr. Kiely, (Town Attorney Office), and Scott Russell,Southold Town Supervisor.The original site plan was submitted by Belle River LLC for a horse barn and stables expired March,2015.The remainder of discrepancies throughout this planning stage are included in the paperwork I am submitting for review. At the Southold Town Planning Board on October 2, 2016, Mr.Ackerman stated,"there's roughly eight acres of vineyard,and the rest of the parcel, its 22.8, is not conducive to putting a vineyard on,so it's just be grass. Fast forward to 1/12/17, and the applicant,who has met with opposition and disapprovals of this project, now states, he needs, "an agricultural equipment and livestock barn for the"21 acres being actively farmed".Smoke and mirrors and a building proposal which morphs into something else,each time approval to'build his warehouse is not granted. If I use terms words,wigeon, pochard, Khaki Campbell, black scoter, Hawaiian koloa,you might not know what I am talking about. They are all ducks. If it walks like a duck,and quacks like a duck, it is a duck. If a warehouse is used for storage for a for profit business, it is a industrial/business use not agricultural use.Wording in a site plan cannot be arbitrarily changed to suit the needs of the applicant- that is a deceptive and not in the spirit of bona fide,as noted in the Southold Town Comprehensive Plan. Richard Amper, Executive Director of the Long Island Pine Barrens Society, responded to this site plan, stating," It is clear that the proposed use does not constitute agricultural use.The applicant's use is intended to involve off-site business use of a general service nature. Especially concerning is the precedent that would be set,were the usage to be permitted." While Mr. Amper is referring to destruction of Southold Town's purchase of development rights, it will set another equally disturbing precedent.As per the Town Comprehensive Plan Update (page 22/56), "residential zoning districts are IDENTICAL to the AC zoning districts in their list of permitted uses".With that in mind- I can enlarge my garage,get a lift,and buy tools,equipment, parts, and chemicals to work on my vehicles.Then people notice I do great work,they bring their vehicles to my home, and I travel with my equipment to service vehicles. I needed the space and equipment for my personal use (permitted), but I have now turned it into a business. I grow lavender, roses,and my husband has a vegetable garden. I need a shed to sort my equipment (permitted). People see our gardens,and ask me to manage their gardens,so I pop a "Landscaper sign" on my truck,and travel to my customers. I needed the shed and equipment for my personal residential use, but I have now turned it into a business. We host large parties,and people are impressed. I need a storage unit to store table, chairs,tents, glassware(permitted). People ask me to plan their events. I needed the items for my personal use, but I have now turned it into a business. Approval of a site plan of"growing management company to store the company's equipment to maintain"hundreds of acres of vineyards",when only eight on this property are in use,will open the flood gates for anyone desiring to conduct business on property not zoned for such use. Approval will certainly invite a legal challenge, resulting in misuse of taxpayer monies to pay for litigation, bought on from an approval of building a warehouse on protected farm land. Thank you for your time. Attachments r A: Zoning(Chapter 280,Article XV:"Use regulations include contractors'; businesses or yards...and landscapers'yards". The applicant is conducting business from this location,therefore this is a business yard Zoning(Chapter 280,Article III) (AC, R 80, R 120, R200, and R 400): "...the Town has an obligation to exercise its authority to reasonably regulate...and development of this land.." B: Intent:The applicant states,"NFVS is a growing vineyard management company,and requires a barn for storage.When asked directly by Heather Lanza (October 3,2016);he DOES not answer the question affirmatively or negatively. C. Large Adverse Impact: Chemical storage,fuel storage,three leaching pools (all of the neighboring homes have wells.The pesticides, herbicides,chemicals,and fuel leakage will contaminate the water source for all surrounding neighbors.The tractors,as indicated by the applicant,utilizing Alvahs' Lane will compromise safety of residents, pedestrians, bike riders,cars,school busses,and dog walkers,as well as creating unsafe conditions for limos and limo busses which use Alvahs' Lane as a thoroughfare to and from the Main and North Roads. D. Letters from the Long Island Pine Barrens Society and Group for the East End opposing this application. E. Inaccuracies of the applicant: Reporting site plan previously approved,when documentation indicates disapproval, reporting(10/3,that only eight acres supported vines,and 22 to be planeted in grass,then on 1/12, reporting 21 acres actively farmed,stating(3/7)a small bath,then stating, "no water"(, in response to a questions posed by Town Planning Board President,Donald Wilcenski, discrepancy in the reported height of building. F. No explanation necessary I I Chapter 280. Zoning Article XV. Light Industrial (LI) District Added 1-10-1 8 b L.L.No.1-1 8 [ 99 Y 99] § 28o-61. Purpose. The purpose of the Light Industrial (LI) District is to provide an opportunity for business and industrial uses on smaller lots than would be appropriate for the LIO Light Industrial Park/Planned Office Park District. § 28o-62. Use regulations. In the LI District, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged,intended or designed to be used,in whole or in part,for any purpose except the following: A. Permitted uses.The following uses are permitted uses and,except for those uses permitted under Subsection A(1)and(2) hereof,are subject to site plan approval by the Planning Board: [Amended 5-9-1989 by L.L.No.6-1989;11-29-1994 by L.L.No.26-1994,4-28-1997 by L.L.No.6-1997] (1) The agricultural operations and accessory uses, including irrigation,the raising of field and garden crops, vineyard and orchard farming,the maintenance of nurseries and the seasonal sale of products grown on the premises, the keeping breeding, raising and training of horses, domestic animals and fowl, barns, storage buildings,greenhouses and other related structures to the same extent and subject to the same conditions allowed in the AC Zone. (2) Buildings,structures and uses owned or operated by the Town of Southold,school districts,park districts and fire districts. (3) Wholesale businesses, private warehousing and public warehousing, and building material storage and sale,but excluding storage of coal,coke,fuel oil or junk. [Amended 11-19-2002 by L.L.No.7-2002] (4) Contractors' businesses or yards, including but not limited to building electrical, plumbing, and landscapers'yards. [Amended 1-20-2004 by L.L.No.4-2004] (5) Cold storage plants, baking and other food processing and packaging plants that are not offensive, obnoxious or detrimental to neighboring uses by reason of dust,smoke,vibration,noise,odor or effluent. (6) Office buildings for businesses,governmental and professional uses,including administrative training data processing publication,financial and sales offices. (7) Telephone exchanges. (8) Wineries as regulated by§280-48A(ii). (9) Auto repair shop. (1o) Repair shop(not including auto and marine). Town of Southold,NY Sunday,February 26,2017 Chapter 280. Zoning Article III. Agricultural-Conservation (A C) District and Low- Density Residential R-8o, R-120, R-zoo and R-40o Districts [Last amended 1-10-1989 by L.L.No.1-1989] § 28o-12. Purpose. The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R-8o,R 120, R 20o and R-400 Districts is to reasonably control and,to the extent possible, prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the Town's economy and those areas with sensitive environmental features,including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year- round residents and those persons who support the Town of Southold's recreation, resort and second-home economy.The economic,social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the Town is expending large sums of money to protect existing farm acreage.At the same time,the Town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. § 28o-13. Use regulations. [Amended 3-14-1989 by L.L. No.3-1989] In A-C, R-8o, R-12o, R-too and R-40o Districts, no building or,premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part,for any uses except the following: A. Permitted uses. [Amended 5-23-1989 by L.L. No. 8-1989;11-29-1994 by L.L. No. 25-1994; 11-29-1994 by L.L. No. 26-1994;5-13-1997 by L.L.No.8-1997;7-17-2007 by L.L.No.15-2007;6-15-2010 by L.L.No.2-2010] (1) One-family detached dwellings,not to exceed one dwelling on each lot. (2) The following agricultural operations and accessory uses thereto,including irrigation,provided that there shall be no storage of manure, fertilizer or other odor- or dust-producing substance or use, except spraying and dusting to protect vegetation,within 15o feet of any lot line: (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises. (b) The keeping,breeding,raising and training of horses,domestic animals and fowl (except ducks)[']on lots of 10 acres or more. [1] Editor's Note:See also Ch.833 Art 1,Ducks. AO µ II it Location of action: 1 o L- [-V`g L-'q, E „ CUT -tO I Site acreage: a.C,V'es Present land use: ,tf i GQ + u r°f- J Present zoning classification: Z. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Dame of applicant: I JL�L O-Q A V AA1N (b) Maiag address: (c) Telephone number-Area Code (d) Application number,if any: Will the action be directly undertaken,require funding,or approval by a state or federal agency? Yes ❑ No Rr If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of,Southold that enhances community character, preserves open space,makes efficient use of infrastructure,makes beneficial use of a coastal location,arid minimizes adverse effects of development. See I.WRP Section 1H—Policies; Mage 2 for evaluation criteria. [Apyes ❑ No ❑ Not Applicable app V,d9 en:t_b b-e by Z3 ra" ef I- -CA 41 el- fit's . A) Attach additional sheets if iic-ce-ssan ]Policy B. Protect and preserve historic and archaeological resources of the Town of Southold. See I WRF Section M—Policies Pages 3 through 6 for evaluation criteria ❑ Yes 1:1 No LEI Not Applicable Policy 1.8• p'r'otect Sout'hold'5 mater-dependent uses .`nnd pi•o7'iote siting".of 33enid -water-dependent 3SeS IM SUI''staTble 2'ocadm so See� JpX section�!��t-pelic'sese° ages 4.1 th3•'ough 56 or4"vsl1°up:C on CrIteripa. f -Yes F-I lqo effI Not Applienble Attach additional sheets i necessary ''OHfey 11. Promote sust,-Ismab e use of�a�' �r��aro�use r�o��v�'S s?r��g isep?<d Sound,the Deco-nic xt stua;� _y 0�--i_-v ` wee �+1I?' e.i --7,� RE-7 ug-eF u ages t h r macs r is a' m erli " �► v r (u�r;1�c��sa � .21 a:. �J''ti � �.L.. a�_� 5y _c�.�d� �� r:�� bh �� . 6',�i�_�c;:[t`i�__ �z�_ R. �J -Wes —J No �No-It Applicable Attach additional sheets if necessary 7oUcy --1,2. Fro &tet agrl2`uflltz:ra�h-i-nds Che Tonw-ra of Southold. Sea!;WRF Seed on T n-Policies; Ppages 69- th 65 NoH'e-volumion, cr fter!a- �iYes No1:1 Plot 1 ppHc.-Ule ff �-O GLS;s 6 Q 3-1 r-ollvre- p r' jr Rd —fir - �� ..�5 psi�►��,v�r-- `�ar��.��S. � ,rte ��s @�-,� �•-t�.� �t t�,��,2:�� ;C� ^�} � l - Attach additional sheers itnecessary Policy £3e P,ron?ote app o"pt°z2te use and' dev&wpment of energy and minerp.1 resources.des. See LVVRIP Section l—Poiicks9 Piges 65 through 68-nor eltfIuation criteria. Yes F1 1 ro L'M- ' N--I,A-a-ais.able '�j�'y--+ �}f�� j r t 1�' a S x i rot' �^ /ter fi+' �. �+�TF'�'� E' . ` D '3' '7'� S�- t^y�-t EDc BT—i 1�i•�'i ts".J z..� ;�1 h_ .J1.._,..i 6—r n YrE'. Sv�^S L �e r�_ Southold Manning Department Stagy keport Site Plan Application Work Session—Completeness Date September 12, 2016 Prepared By: Brian Cummings I. Application Information Project Title: Ackermann Agricultural Barn (formerly "Belle River Properties") Applicant: William C. Ackermann Date of Submission: August 29, 2016 Tax Map Number: 102.4-6.1 Project Location: 1350 Alvah's Lane Hamlet: Cutchogue Zoning District: A-C If. Description of Project Type of Site Plan: Agricultural Acreage of Project Site: ±22.7 acres Town Development Rights; Building Size 7,142sf This Amended Site Plan is for the proposed construction of a 7,142 sq. ft. agricultural storage barn on Southold Town Development Rights land; 22.6 acres in the A C Zoning District, Cutchogue. III: Completeness Review See attached checklist for Site Plan Requirements. IV: Analysis 1. Existing: planted vineyard and pasture; Expired site plan for Belle River properties (March 2015)for horse barn and stables; 2. Proposed: ±7,142 "equipment storage and warehouse" building with a proposed area of disturbance of 26,702sf; Staff: the language used for the type of use should be removed from the site plan and provided as agricultural storage building (which is what is permitted on site); the storage building must be accessory to active agricultural uses on site and cannot be used for general storage or warehousing; 3. SEAR: Type II -Agriculture 1 �� . Southold Town Plannii—``"bard Page 1 27 October 3, 2- \ -ty • f ns r Chairman Wilcenski: So there are three on each side? William Ackermann: Yes, plus windows. } James H. Rich III: The elevation shows four? Heather Lanza: Or five? William Ackermann: There is a sliding door in the middle so that I can drive through it and then close it up. Chairman Wilcenski: So there are actually five doors? William Ackermann: If you want to count the sliding door, yea. Chairman Wilcenski: Okay, alright we have a couple of questions. What are the intentions for the proposed use of the land? William Ackermann: The land itself or the barn? Chairman Wilcenski: The land. William Ackermann: The land itself, it's a vineyard now and it's going to stay a vineyard. Chairman Wilcenski: is it your vineyard? William Ackermann: Yeah. Chairman Wilcenski: Okay. William Ackermann: There's roughly 8 acres of vineyard, the rest of the parcel, its 22.8, is not-conducive to putting a vineyard on. So it'll just be grass. Chairman Wilcenski: So 8 acres of planted vines and 22 acres of- William Ackermann: Its 22.8 total, of which 8 are vines, and then there is buffer area too, I don't know how you want to count that. Its 22.8 acres in total. Chairman Wilcenski: Okay. Anybody else have any questioa3? Heather? Heather Lanza: l do. There are just a couple things we want to have for our record. One of the questions was, we see that the company is called North Fork Viticulture Services, and that is actually the address of it, do you intend to run the business out of this building? William Ackermann: It's where I am going to store the tractors at_ © U I The residential zoning districts are identical to the Agricultural Conservation(AC) zoning district in their list of permitted uses.As such,agriculture is permitted in most residential zones,and houses are permitted in the AC zone. Generally,agriculture and • , residences peacefully coexist. Lan As the agricu ura ' evolves, however,so must the Town Code evolve to recognize the variety of new business models in agriculture.The goal is to provide a balance between supporting agriculture and ensuring neighborhoods are protected from large adverse impacts.This can be achieved by assessing the appropriate scale �� , and intensity relative to the proximity to residences,and the availability of necessary infrastructure such as on-site parking and access to major roads,and ensuring the Town Code is adapted to address these issues. This topic and related goals and objectives are covered in more detail in the Agriculture Chapter of this plan. 5. Commercial uses in residential districts(pre-existing non-conforming uses) A use is considered pre-existing non-conforming'if it existed at a specific location prior to the current zoning,and is not a permitted use in that zoning district.They are created when the zoning is changed on a parcel that has an existing use on it that isn't allowed in the new zoning district. In some cases,the uses that surround a parcel with a pre-existing non-conforming use may have changed to such an extent that a different zoning district that allows the existing use might be appropriate. Review all parcels with pre-existing non-conforming uses to determine whether a zone change to make the use conforming is appropriate. Responsible Pa 4. Code requirements I BuOk Scheduie (AC): ao Lot Coverage i. Maximum: 20% ii. Existing: 0% iii. Proposed: 0.718% ba Setbacks fop the proposed buiBding (AC) Required Provided Front yard 60' 60' Side (SE) 20' 228' Side NW 20' (45 comb) 251' Dear yard 75' 671' co Parking: none proposed. This building is for owner use only; (also as yy required by Town Development rights easement). A r Ulu i. Iwo (2) 28' wide curb cuts to Alvah's Lane are proposed do Drainage:three (3) 8' x 10' deep leaching pools 1 '✓ ti'`'p eo Exterior sightings photometric plan provided on sheet two (2) of the site plan; f. Exterior Signage: none proposed 1 specified; V* Staff Recommendations 1. It is recommended that the application be found complete for review to begin the coordination process; 2. Set public hearing for October 3, 2016; 3. Classify action as Type Il under SEAR because this is an agricultural operation; 4. Send referrals to CFD, Town Engineer, ARC, LWRP, Land Preservation, Fire Marshall, Code Enforcement and the Building Department. 2 �� h OFFICE LOCATION: __'�"" ELXSSA A. SPIRO '='t ' � Town Hall Annex LAND PRESERVATION COORDINATOR ,Y,: >. n% 54375 State Route 25 melissa.spiro@town.southold.ny.us r moi. +:° t (corner of Main Road& Youngs Avenue) Southold,New York Telephone(631)765-5711za Facsimile(631)765-6640 F�,z � y .., :;�_�;r` •�r MAILING ADDRESS: V P.O. Box 1179 Southold,NY 11971-0959 DEPARTMENT OF LAID tPRESER ATIO141 /�,�`�� TOWN Off'SOUTHOLD \ March 7, 2016 William C. Ackermann North Fork Viticultural Services, LLC P.O. Box 633 Laurel, NY 11948 Re: Request for Agricultural Structure Placement on Land Subject to Town Development Rights Easement SCTM #1000-102.-4-6.1 Dear Mr. Ackermann: At its regular meeting held on March 1, 2016, the Land Preservation Committee members, in accordance with Section 25-50 C. (2) [3] of the Town Code, reviewed the request you outlined in an application dated 2/24/16, for an Agricultural Barn and an Agricultural Pump House. A partial survey (undated) with a hand-drawn sketch of the approximate location, elevation drawings (undated) and floor plan (undated)were included with the application. The materials presented with the application include a floor plan, with notes within a box shown on the floor plan pertaining to the building construction and the following in regard to the building uses: a. Equipment Storage This use is shown as being within the larger part of the"L" shaped Barn building. b. Workshop yvi-Small Bath This use is shown as being within the smaller part of the "L" shaped Barn building c. Garage wl Office Above This use is shown as being within a proposed extension to the Barn Building. It is handwritten on the plan that this area is proposed if adjacent lot is purchased and lots merged. d. Home in Phase 2 This use is noted within the "Notes" section; however, the location for this use is not shown. e. Pump ;mouse: Chemical Storage, Fuel Storage-& Irrigation Systema Shed This use is shown as within a separate building. Attact.au-cHt4-.1,12! -if nccesrsp'n- ID.6.11cy I Dnhpnne -V-isun�- PnMrect Scpm-iFl nsourcelq th- roughout the Tow-ni asou�fnuie-i. sea. Paget 6 flnrougdh 7 for evaln, "It'len enter-An Yes F-I IST© M Y"TotAppMeable Pro--o -e-," ban-, -11,-- -q-L�4c OP 4AI-1- IvnSf �31/l IO old- -,z"t IzIA a. afn PTA 7MAL, C,"C'AST PPOL11-01-STS Miry 4. TMUnimize less ox!,:fr,- structures, nud matunall resources from flooding apd erosion— See RP 8e CoQ�PRT—1MR,i cles T-lag res 8 th re ugh 16 for evvilm atio,-R C-Ate-gik g XUach additiwt,-=I sheets.ff-necessary Puflcy 5. Froteet_m9d impreve quality np-d supply in the T own re See UIVIT Seel'a'an IM11 _P;ap-3 I ,-,hnu,gh, 211 for evalug,"o-On criteri ',,s ot App h able 5iq-, 6. Frotiecand restore the qua1hy p nd f?.'nct ain of the Town ?gig Southoid ecossystemns hyl-ekUdEng signiricnent ,coaxial, -fish, nand IvItIldfife, Babilon's awd 't-efinxzd1s. See LWFT sect2e.-61 M—FO?kiesp; Pages 22 throu,gh 32 for evaAweitlkon crivlen-in. FI -No,, 547 EAST MAIN SPREE" RIVERHEAD, NEW YORK 11901 LONG ISLAND P: (63 1) 369-3300 PINE BARRENS F: (63 1) 369-3389 S O C I E T Y Mr. Brian Cummings, Planner Town of Southold ID j 53095 Main Rd. P.O. Box 1179 -Southold, IVY 11971 - - -- -- -- November 17, 2016 Dear Mr. Cummings, The Long Island Pine Barrens Society writes in opposition to the proposed development, described as 'sAckerman Agriculture Barn and Agriculture Pump House TMIV 102.4-6.1 in Cutchogue. There-is no dispute that the development rights to this parcel were sold to the Town of Southold in 1999. It is not germane that they were sold to the town by a previous owner. It is also clear that the proposed use does not constitute permissible agricultural use. The applicable standard reads: "accessory to active uses on site and cannot be used for general storage or warehousing," The applicant's use is intended to involve off-site business use of a general service nature. Especially concerning is the precedent that would be set, were the usage to be permitted. Southold's Purchase of Development Rights program enjoys an excellent reputation for protection of farmland, fertile soils and rural tradition. Approval of the Ackerman application would permanently undermine this noble program. Thank you for your consideration. Sincerely, Richard Amper RA/hs CC: Heather Lanza, Planning Director Mark Terry,Assistant Town Planning Director Supervisor Scott Russel LONO Ma LAND Ru'l 'ir rocksl < =sy .... ...... -v: farmland in use solely for di- would never vote to use public vital to many operations and a lions of dollars to keep such "It's obvious that the public and economic climate — is rect agricultural production" funds to prevent development, Fdriner's ability to stay in agi_ P", that would preserve its natural, only to allow farmers to, de culture," Carpenter said. `4 0 1 bra d iiewsclay.com scenic beauty for the public. velo"p the,lan'd anyway,"he'said, Vanessa Baird-Streeter,- "? A all, Suffolk has 39;000 spokeswoman -folk :15K,� Whelan in his ruling said, In sp woman fbr Suffolk The development allowed ... acre-s•of farmland', of,which -County Executive Steve Bel- state Supreme Court - justice in Suffollc constitutes a substantial intro- 10,000 are in the farmlAnd pro -lone, said the administration without fanfare late sion upon the public rights to gram, which' begah in 1974. received the ruling Friday and Ji, officials month issued a prohibit development as the ex- Planning ials could not was reviewing it to determine A.Sweeping decision fisting, ... is dimin- provide statistics Friaay on whether the county will ap- that shakes the county's land- ished,'if not extinguished'...by how many farms have gotten peal. mark farmland-preservation the erection of..".structures." permits or exemptions for con- Legis. Al Krupski (D- program to its'roots after four Whelan also ruled that pro- struction in the past six,Years. Cutchogue) a North Fork 71 decades. -. visions of the original farm- Rob Carpenter,_ 9 he Lon Is- farmer hiinself,said the county justice Thomas- Whelan land-l-reservation program land Farm Bureau's executive should appeal lthc ruling or the threw out,two laws passed,in cannot be changed by the administrator, declined to industry will suffer. p, 201O.And 2013 that Allowed farm- county legislature Alone, and comment on Whelan's deci- "It's a good program, a his- -n,"Krupski said of err to,get, special-lu' s''c'permits can only be authorized in a sion because he had not re- toric prograi a'nd hardshiji exemptions to, public referendum. viewed it fully. However, ex- the preservation pro-ram. "But build structures such as green- Richard Amper, the soci- erts say farmers, who once the industry has changed a lot JJ w _M% p houses, barns and solar and et 's executive director, called simply shipped produce to and the growers need to have wind generators on land where the,ruling "a major decision," qF wholesale markets, now need the flexibility to make the public,had bought out farm- saying it protects the integrity more infrastructure because cha -lit Me, ers'right to build anything. of the farmland prograin. they sell directly to constu Ampdr countered, The farm- Amper said that allowing the and local markets. ers can't have their cake and The Long Island Pine Bar- 1.0 1 - I -;p rens Society,which brought the laws to stand would have under- The ability for farmers to eat it too. If they go industrial, lawsuit,called the two laws ille- cut the public's faith in all land- have structures on their prop- then they can't take preserva- gal,saying taxpayers spent mil- preservation programs. erty — especially in this day ion money at the same time." Ju Uce 7fternas Madan -A Jr r , f • r ! �� Court. ��. � 6. except'Nons max. -ti:'t;�+c. 4r ."H ..`r, rFa,' � � s.� _ i .r s. .�,?r.C`„ry � `gr,•r.., m ,3" �. v •I,.:,�ov.� d 'y� �) �n '.A` ('S i3 r 4� i-"+/ V. 0 ��''j� ,y tiff�dPs "a ',5�d` �..Y P :i+' °� kx',. - -�-..2a�+' ° �?(�)y' F`y!� i ^'��,�� '-�' rxp x,, ,.�!` G�19.r..' �� rh`J+� � t � rd� a`r �� E"� F '`; r/�? ,',� �`i�h '!f tI� `'� ;t li'S� I—1 `0 '� -moi�^,� ti — e v-f'"'a t� f :�J P -i,17-0i:� n f rt ,t N a Z S5 ii !� ^_ til i; � t a°t s UL 5QuIR-a rights program, declaring the code"nuld and voi-d ,SENIOR STAFF WRITER and of no furti`her ei:ect." Smitihtown attorney)'ennifer;uengst, vv ho has Special permits and so-called hardship excep- represented the Pine Barrens Socier5y in the case ions,iPiliCil al1CS--tired farmers to develop preserved since its 20-1-0 filing, said -ridaj-that"it's been a farmland,have been deemed illegal, according to sLi-near haul She said the Legislature's aciions a Nes l!brk State Supreme Cou—rt ri dlin& circumvented the will of the voters b1 cre, In a The decision, niac`ale Sept. 23 by justice Thomas "back door'for development on oroticten lank. V011-alan, carne in response -Eo a case brought bi- Long island Pine Barrens Society e`�ecutive di- i the Long island P ine Barrens Society-against Siff- rector lRlclhard_~':iZ31 e_'liailed:iia ruling as a ni'for folk :ounLy. The lai%,suii argued chat the County victory,saying the county had no righL to Change a shn't ouldallow de=:eiorment on preserved farms publicly approved program iii order to allow more i where public funds tirere used-co purchase devel- development. opment rights. "The court made it clear that politicians cannot ISpecifically, the Pine Barrens Socie—ty targeted alter programs appro�Tedbythe Oublic,"Mr.A?nper. amendments to the program approved by the Suf- said."it's ob-diou s;th4 u7e public would never vote foil:County Legislature in 2010 and 2013,,which rhe to use public minds te-prevent development only,to suit describes as"expansive permit and exemption allow farmers to,"develop the laud anyway." loopholes" that allowed farmers to build on land Suffolk County attorney Dennis Brown said his that should not have been developed. office is reviewing the decision and has riot yet de- ft t%rasn't immediarely clear at presstime if any cided-whetlier it will appeal-he ruling. farmer has developed on land preserved by the Legislator Al Krupski(D-Cutchogue)was among count}) IG legislators who voted in favor of the 2013 Suffolk County's development rights program, amendment that was struck down.in an interview enacted in 1974, offers farmers and landowners Friday, Mr. Krupsld said the legislation had been money in exchange for a legally binding agreement debated publicly before it teras adopted and was that the land won't be developed.Subsequent ref- meant to help farmers meet changing needs on erendum votes have enhanced the program. their properties. in the Supreme Court's 10-page decision,justice "Production changes a lot,"he said."You need to Whelan stated that development allowred by spe- be able to adapt" cial permits and hardship exemptions"constitute Mr.Itrupski said the criticism of the provisions a substantial intrusion upon the public's right to came from a"lack of understanding" about what prohibit development." He also said exemptions kind of development farmers had requested,such allowed the county's farmland committee to"grant as greenhouses—construction he said was sup- a host of carte blanche deviations from the very posed to help their farming operations.He added objectives"of the original state farmland preserva- that the county is"working on a response"to the -ion statute upon which the county based its laws. ruling. As pari of his decision,the justice threw out the two amendments to the purchase,of development psquire@ti.mesRel.rievi.com I%U11 .. - - _ [`�,7, _ V+ _'-� Ali}iI/ai✓ h t ) l �rlt 1') Il: i` 1::1 ti l' k-.NI) Fill Imo' November 18, 2016 F Sautilal,�Town Chairman Donald Wilcenski& -_ Members of the Planning;Board Town of Southold P.O.Box 1179 a;. Southold,NY 11971 Re:Ackerman Agricultural Barn(SCTM# 1000-102-4-6.1) Dear Chairman Wilcenski and Members of the Planning Board: On behalf of Group loi the East End,please accept the following comments regarding the ,:,.,., 4 Site Plan Application)wown as"Ackerman Agricultural Barn! The proposed plan calls for the construction of a 7,142 structure on a 22.8-acre property y f` from which the Town of Southold has purchased the development rights. Upon review of the Town's planning file on the subject application,it is clear that there is much debate regarding the proposed structure's use and whether it's permitted on this particular site. S ecificall whether the a ui ment and other agricultural materials could be stored on site P y, 9 P lam• howeverbsed to service other sites throughoutthe Town. In our understanding, the Town Code,nor the development rights easement specifically r, prohibits this use. We respectfully request that the Town of Southold provide clarification on whether the intended use is appropriate for land in which the development rights have been sold. This particular situation is likely to occur in the future. In order to protect the Integrity of the Town's agricultural land preservation strategy it is prudent to develop policyand standards moving forward. Additionally,if the Planning Board is inclined to approve the application as proposed,we strongly suggest that the Planning Board consider whether the proposed structure is an appropriate size and in the appropriate location on the property. Many community members have raised fair concerns regarding the preservation of the view shed. Thanhyou for consider-ing my comments. Please contact me at your convenience should you have any questions or concerns. 1 can be reached at(631) 765-6450 ext.211 or at SitfcLl-ely. . 1 _ 6 ` _ '- ff�C11I1 !l�3rilliljz('l' =` Sr.Environmental Advocate ,I • • 617.20 "A Appendix C A0 JE State Environmental Quality Review , I SHORT ENVORON ENTAL ASSESS ENrF® � For UNLUSTED ACTIONS Only PART i-PROJECT INFORMATION (To be completed by A 3plicant or Project Sponsor) 1. APPLICANTISPONSOR 2_ PROJECT NAME 3_ PROJECT LOCATION: t Municipality SOU" '®-D County SUS 4. PRECISE LOCATION(Street address and road intersections,prominens landmariks,et.-,.or provide reap) 1,35bAt-MANY -fug. 53 t D 9- O F f - A PP"A Y&OV d 1nl'IT14 1,>,7-- 2-57 t tJ W d�0Ct V f�- 5. PROPOSED ACTION IS: New Expansion 12 tAodil±calionlalteraL>on or- 6. DESCRIBE PROJECT BRIEFLY tj To Axw Ad- -quip fl p 7. AMOUNT OF LAND AFFECTED: aa�� Initially acres Ultimately s'z• acres 8. WILL PROPOSEDACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? R"Yes F1 No If No,describe briefly 9. �NJFIA T sS PRESENT LAND USE!N VICINITY OF?tROJECT? 9Resiaenfial � Industrial 0 Commercial riculture ® Pac/ForestlOpen Space Other DescRA410 2..-111 Is ?-"4ck .s OF b D did' G ViNgs 4 P* g RE. SOMUNDW4 A §.5 FAqM&oVV AWD P-&C-Si D 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? ®Yes RNo If Yes,list agency(s)name and perrnit/approvals: 11. DOE-5 ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Lft Y- 11 No If Yes,fist agency(s)name and permitlapprovals: '7419 IS AM6PJDFiraeAIT- TO SBTIF P64'4j PlMed WL t LDr0 8'y gov 8-01_5 7-O -,,4pJ,4§Ajq DFS. 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑No 1 CERTIFY–1 TIME INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDU eft f AprLcanLJsporsor n me: IL-LIA,4A Date: Signature: WIN, ^r „ V If the action is in the Coastal Area, and you are a ate aggency, complete the Coastal Assessment Form before proceeding with than assessment OVER Keceipt No. 06Z)10 Southold, New York 11 Q71 Date Received of I OODollars For Fee for Fee for Fee for Fee for Fee for certificate Elecb-kal ❑ Sign 0 F60d Defelopment Pmt. 0 Building Permit El of Occupancy EI Inspedon 1:1 Cash O/Check 3;q0 Building Department County Tax Map No. 1000—Section 102 Block 4 Lot 6.1 Is retained herewith and disapproved on the following grounds: The Prmiose ---—-------- Cc:File,planning FORM NO. 3 TOWN OF SOUT HOLD BUILDING 1. E L RTIT 1S 1V A SOUTHOL ,N%- NOTICE OF DISAPPROVAL DATE: June 7,2016 TO: North Fork Viticultural Services LLC Po Box 633 Laurel,NY 11948-0633 please take notice that your application dated, ay_�6 For permit to construct an agricultural building at Location of property 1350 Alvah's Lary CutclloP-ue NY county'Tax Map No. 1000—Section 102 Block-4 Lot 6_1 Is returned herewith and disapproved on the following grounds: The prof used S1Sz ret LiL' Site Ian appra"°al from the Southoid"I"o�.•rn Plan�un� 3oard. 1- r� , Cc:pile,planning � f Town of Southold L N'VRP CONSIS'1'1*NC Y ASSESSMENT 1~'ORDil A INSTRUCTIONS I. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. "Fxcept minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion.Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse erects upon the coastal. area(.which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or"no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus. each answer ?trust be explained in detail listing both sunporting and non sunEorang facts. If an action cannot be certified as consistent with the LVTRP policy standards and conditions,it shall not be undertaken A copy ofthe LVMP is available in the following places:online at the Town of Southold's website (southoldtown.northforknet),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. IBo DIESCRIIP'I9 ON OF SITE AND PROPOSED AMON SCTIM 10 7, - 44 -6- 1 PROJECT NAl ,V F V S JA C 1�r- 6 0.M AO -J 13 A it J The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board❑ Building Dept. Y 13oar•d of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town'agency(e.g. capital construction,planning activity, agency regulation,land transaction) 01 (b) Financial assistance(e.g.grant,loan, subsidy) (c) Permit,approval, license, certification: Nature and extent of action: y ouaru Vage 127 October3 y Cha an Wilcenski: So there are three on each side? x ,x William Ackermann: Yes, plus windows. James H. Rich III: The elevation shows four? � Heather= Or five? William Ackermann: There is a sliding door in the middle so that I can drive through it and then close it up. Chairman Wilcenski: So there are actually five doors?. William Ackermann: If you want to count the slidin "door yea. Chairman Wilcenski: Okay, alright we have a.couple of questions. What are the intentions for the proposed use of the land? William Ackermann: The land itself or the barn? Chairman Wilcenski: The land.'-,-.' - William and.° , -William Ackermann: The land itself, it's a vineyard now and it's going to stay a vineyard. y Chairman Wilcenski: Is it your vineyard? William Ackermann: Yeah. Chairman•Wilcenski: Okay. William Ackermann: There's roughly 8 acres of vineyard, the rest of thearce 22.8, is not-conducive to putting a vineyard on. So it'll just be grass. p 1, its Chairman Wilcenski: So 8 acres of planted vines and 22 acres of- William Ackermann: Its 22.8 total, of which 8 are vines, and then there is buffer area too, I don't know how you want to count that. Its 22.8 acres in total. Chairman Wilcenski: Okay. Anybody else have any questioiis? Heather? Heather Lanza: I do. There are just a couple things we want to have for our record. One of the questions was, we see that the company is called North Fork Viticulture Services, and that is actually the address of it, do you intend to run the business out of this building? William Ackermann: It's where I am going to store the tractors at. V 1 i 1 dt re: North Fork Viticultural Services agricultural storage facility(barn) applic8tion on DRS AC land sent by the Southold Town Planning Board to the Zoning Board of Appeals for interpretation as to whether this proposed structure is an agricultural storage facility, or a -763-( '"'contractor's yard."The outcome of this determination will potentially impact the whole of Southold Town's agricultural community,and any future new agricultural businesses. R�CEfV�O BACKGROUND: JAN 12 2017 The definition of agricultural production under Section 25-30 of Chapter 25 of theZONING BOARD OFAPp1 Southold Town Code is, ""Agricultural production shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for the processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include fences,equipment storage buildings, livestock barns,irrigation systems and any other structures used exclusively for agricultural purposes." In the Deed of Development Rights contract(Feb.5, 1999) in which Southold Town purchased the development rights of this property, it states that future owners"shall only use the premises...for the purpose of agricultural production..." William Ackermann,owner of North Fork Viticultural Services(NFVS), is a longtime North Fork resident and grape-grower. He has an amended site plan application before the Southold Town Planning Board to build a 7,142 sq.foot agricultural equipment and livestock supply barn on his 23-acre farm on Alvah's Lane in Cutchogue (SCTM#1000-102-4-6.1), purchased in March 2016.The parcel is zoned AC,development rights sold (DRS)to Southold Town. It has B acres previously planted in grapes,and about 13 acres in two new pasture fields(previously overgrown) and two pre-existing paddocks. In total,about 21 acres are being actively farmed. NFVS is a vin�eygrd managernent:Apd.consultancy company with a number of clients on the North Fork. Some vineyards are managed with NFVS equipment,some are consulted to and use their own equipment. NFVS also grows its own fruit on the equivalent of about 50 leased acres, and on the 8 acres it owns at Alvah's Lane. Mr.Ackermann has also improved the farm for livestock.Split rail horse fences have been replaced with general livestock post and mesh wire fences.The north and south fields have ' been cleared of brush,graded,disked and planted in cover crop and pasture grass. Irrigation lanes have been installed. Half the perimeter on the north and east side was already in deer fencing at the time of purchase;the remaining east and south sides are now in deer fence also. The west side along Alvah's Lane is open,except at the location of the 4-foot livestock fence. The barn is proposed for a clear area between Alvah's Lane and the front of the vines. it is intended to house NFVS equipment,such as tractors,sprayers,mowers and grape bins, as well as supplies for the livestock project. It could also partially become shelter for livestock, if sheep OFFICE LOCATION: �� IELISSA A. SPIR® t;` "& Town Hall Annex If `'ry'" LAND PRESERVATION COORDINATOR v 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road& Youngs Avenue) �� :� ��a•- ,: �� out (631)765-5711 Southold,New York Telephone Facsimile(631)765-6640 " MAILING ADDRESS: P.O. Box 1179 SouthoId,NY 11971-0959 DEPARTMENT OF LAID PRESERVATION TOV,7N OF SOUTHOLD March 7, 2016 William C. Ackermann North Fork Viticultural Services, LLC P.O. Box 633 Laurel, NY 11948 Re: Request for Agricultural Structure Placement on Land Subject to Town Development Rights Easement SCTM #1000-102.-4-6.1 Dear Mr. Ackermann: At its regular meeting held on March 1, 2016, the Land Preservation Committee members, in accordance with Section 25-50 C. (2) [3] of the Town Code, reviewed the request you outlined in an application dated 2/24/16, for an Agricultural Barn and an Agricultural Pump House. A partial survey (undated) with a hand-drawn sketch of the approximate location, elevation drawings (undated) and floor plan (undated)were included with the application. The materials presented with the application include a floor plan, with notes within a box shown on the floor plan pertaining to the building construction and the following in regard to the building uses: a. Equipment Storage This use is shown as being within the larger part of the °L° shaped Barn building. b. Workshop w/Small Bath This use is shown as being within the smaller part of the "L" shaped Barn building. c. Garage ter/Office Above This use is shown as being within a proposed extension to the Barn Building. It is handwritten on the plan that this area is proposed if adjacent lot is purchased and lots merged. d. Dome in Phase 2 This use is noted within the "Notes" section; however, the location for this use is not shown. s e. Pump House: Chemical Storage, Fuel Storage & Irrigation System Shed This use is shown as within a separate building. ovuuw►a sown Fliannina Board Page- 29 October 3, r; ..a Lanza: I see a first floor Ian loft. plan, details, but didn't see anything about Heather a `'` - ,a William Ackermann: I don't know if- Heather Lanz 1r F Lanza: Do you have that? 0-51 William Ackermann: I don't have it with me. Heather Lanza: No, no, not with you, but that you could give it to us? William Ackermann: Yes, sure. Heather Lanza: Okay. Will there be any bathrooms in the building? William Ackermann: No, it's dry. f Heather Lanza: Will there be an office in the building? William Ackermann: No. Heather Lanza: I think that's all for my'questions. Chairman Wilcenski: How about no electric or water? William Ackermann: They'll be electric. Chairman Wilcenski: No water? William Ackermann: The only water'that will be there-is because it is a_vine and I'm going to have to fill tanks for spraying and what have you..There is already a well in place, etcetera, so it'll just have an outside spicket for water for the tanks. Chairman Wilcenski: Does anyone else from the Board have any questions for Mr. Ackermann? Heather Lanza: I have one more question, I'm sorry Mr. Ackermann, in terms of the orientation, had you thought about any other ways to orient the building and is there a good reason why you wanted it this way? William Ackermann: There is a good reason. I actually had started to look at another location on the north side of the farm, again 60 feet off the property line, which is basically 60 something feet off of Alvahs lane. The challenge with that, again is safety, there's a substantial hill there, relative to the flat land that we're used to around here, there's a substantial hill there. There's a current driveway that literally opens out onto the hill and there was a day that I was coming in, just turning into the parking lot with my truck and looking both ways up and down, just before I turned somebody came speeding by me, even though I had my blinker on and everything, they came speeding Filed Map No. Lot 1 ?- Slate exig,fng use Gond occupancy of it>., e�and in:tnx't:d use and occupancy of proposed construction: �� S a. Ext dine ust and occupancy I y t t Lt{"T L? J. Intended lst_and :I!%Vic': `i a-It c �` r I j_C i I C "_ l�tt�( e, '!}�•L•1�1T -'C�`� ttf - 3_ Nature ofworlc(checn w-hicli applicable):Nekv S` ui'iiSi diiltfGll :iit4t SiSJSI Repair__-Removal Demolition Other Work 4 4_ Estimated 0).,a 0 jZ Fee OUO . 00 — — (Description) — (To be paid on filing this application)� J, If dwelling,number of dwell'.110 units N6t Number of dwelling units o;i each floor If garage, number,of cars ---- d 6. if business,commercial or mired occupancy,specify nature and extent of eacli type of use. 1ggriUt4U7 e I_'ipaenslonS�,`ti:a tllta"`.Stn ictures,if any:F-.-o t %%ijli _ Rear Aj 0t= Depth 8y/`!"7 f i—_ Number of Stories IV 11 - --- f . —.._ _ i?/Dimensionp; structure with aiterallans or additions: =rant Depth Height 'g t10 i 14 ot`o:. U . tit!- 'es— - . -til 8. Dhmensfons of e it?re nev.,constructl[l Fr:nt Ll I Rear Height '1 ' P.tumbar of rtcYrics 9. Size O'Not:I'koItl �•i r' 1f_r.i l� }:t..f jrfGr { 1. I. �rE �f ."3^lY 7i G� J ytZ iQ.Da:e fl'urcilase. rtJ"!3C�4ti�t t t aI I'-al__,,of Former 0mer_r'el�c� �lII&f Moahl`il�d ? 1.Zone or use district in which premises are situated 6,r li. Does proposed construction violate ary zo.-ung taxv,ordinance or regulation?_Y'ES NO 13.Nk"iil lot be re-graded?YES NO I/Wii's excess fit be re_noved froin premises?YES N 0 V I4. ai:res Of OtivYiGr GI ;i??:i5 S �j 4�Y IY��t�" .t :,_S lF (_ v .,?L.� •pct.to:.�=—._t�:�.Si=3 Sr�f„�.�I•S:: :c •,. ins I - i''a?'te oI ArchitecI I ,zt l-t7r' i 1+.7'. vC -ti:!t�_'::-,; i. _ _ L" sl f f Or `e•il",?".:t'�:)r..� -E�.il?'eSs �!f_°Tt✓,�y lift f'ti �'i_i t:?� _ lSMi1� 15 a. Is tills profe"ty within IOG feet ofa tidal wetland or a freshwater wetland?*YES NG 1r'` Y !F YES,Sot MOLD TOVP-i TRUSTEES&D.E.C.PERMITS MAY BE REQUIRI D. b. Is this preptrty within 300 feet of a tidal wetland`'*YES NO I F YES;D.E.C.PERMITS IM Y BE I EQUIR.EYD. _ --— ?6. Provide survey,to sca'_e,v.itb accurate Foundation plan and distances to 0opem?:fines. '7 i'elevatiur3 ar any pcllnt on property is at?tl Feet or helo�v,must provide topaz apttical dat a un s Ylvej. :9. and resmctiwis with respsct to this property? YES NO 3 IF YES,PROVIDE A COPY. 0--NEW'S o p, b€illy(.J!y j'n7it;C`cpcsd-s says that zs iii;: ppl:.. < aT!it�.5i, GOMIr11E L.suz4(at-0 is t£rs c=1.C,sz(oa of ax�va^dorF !s tri:. °+1f', C fficcr,e c.) 5t1:Ye'; cttntti r•r11(Y5 eBe`it(.E !t"�?;i5}:)i J' ='✓.:ICI:+`:., .., �'C'=�F?Y,S,a w's.'',t4'y a`.."ho'I..-.i C')rtrform w !"i:`,J p :i,1nj)c6 inti.said 1,or, am-;o.Take aid Il;c Jlis clpj)I:',dl 'l, 2�lJi •.:{?iGt4Lii7 r..:t� ..r'!'tZ.e f{,1; tLis r:pp Yrcatloz .v„tle to IL. na�t lit, ..,s'ti.tltr 4t•)e-lae a!li t1 P.+.:�f.i!mu titu,?I.v;� )f1c 4v,li Ztf ,71C:i0it.iveJ 15;t�'Z:T.d:if'�'i;LI�+,.r1., t11:i'L'u{iL'tiGF3iStl S?'lrtCti?tt^.it".t^,In t; �':�.4 i,'wt.`,v��,'hlwi l 1.�•nJ`` M 4bl+'.'.5fn t� +rrA�gF.��'•e��""`wJt.,t_�� ;y,,+'�sk`��'ir:��4i's Rte - PO tW • r `-J I - Soedues of Ducksf Mali r ` 1 Weon /1° Duck Information ... Duch Species Pharos ;`..4n,"ia�y .�i[�., Via,• '�r'y',.a�'.<.. 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AV • n, h . ar.. jr a+Vf, :. .tirR' +'�'iv. a•=a„ .,: ;_ter.,..` " ' RECEIVED March 16, 2017 MAR 18 2017 ZONING BOARD OF AP To the Zoning Board of Appeals of the Town of Southold During the time between the first part of this hearing before the ZBA and today, the applicant started work to implement the proposed site plan. Applicant began by grading the proposed new driveway. Town of Southold told applicant to stop, but he continued construction by putting gravel on the end of the new driveway near the road. Applicant has put in writing to the Planning Board his intention to use the property for his business, with or without a warehouse/garage. Applicant is already using the property for North Fork Viticultural Services. But he is probably waiting until the application is decided before starting up full bore. Someone needs to make it clear to Applicant that the property is not in an industrial zone. Sincerely, Maril Sawastynowicz, Fourth generation descendant of the family that used to own and farm this property and that sold the development rights to Southold Town. RECEIVED n/ �?0 MAR 2017 I To: TOS ZBA ZONING BOARD OF APPEALS 3.16.17 In many ways Agricultural in 2000's is different from agriculture was in1900's One thing that has not changed is the way some farmers farm for the community and some farmers farm only for their own profit. While offering a CSA- Community Supported Agriculture program is not required by the covenants on farmland protected by TOS development rights. Farming for the community may be required. The requirement is both by command and control law and precatory law. The command is to use the land exclusively for farming. Winemaking is specifically prohibited. ;Attempts to operate agricultural support services companies was not anticipated. It was assumed that such a business was either prohibited by the general language restricting the land use to exclusively for agricultural production of crops, livestock and products made by livestock. Or possibly it was understood that agricultural support services companies were already prohibited by the'zoning. Issues in site plan applications usually involve only size and placements of buildings. In this case, the primary issue is land use. As with area variances, site plan decisions usually involve a balancing and compromise between what the property owner wants and what is good for the community. As with use variances, a site plan that raises a question of use should be decided based on higher standards and without compromise. While the command and control law does not require certified sustainable farming as a condition of land use, the intent was clearly to provide for sustainable farming on the land. And while there may be opportunities for tremendous short term profit from farming with mechanical means and chemical fertilizers and pesticides. In the long term, sustainable and profitable farming must be protective of the environment. Also, in terms of economic viability organic, biodynamic and related methods are currently more economically viable. Benja Schwartz BOARD MEMBERS �®f S Southold Town Hall Leslie Kanes Weisman,Chairperson 53095®�® 53095 Main Road•P.O.Box 1179 Eric Dantes Southold,NY 11971-0959 Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Homing 'Pp \a® 54375 Main Road(at Youngs Avenue) Kenneth Schneider C®UW, Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 2, 2017 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, MARCH 2, 2017: 1:15 P.M. - TOWN OF SOUTHOLD PLANNING BOARD/ACKERMANN AGRICULTURAL BARN #7037 The Southold Town Planning Board has requested that the Southold Town Zoning Board of Appeals, pursuant to the Planning Board Memorandum dated December 2, 2016, provide an interpretation as to whether agricultural equipment storage for a vineyard management operation qualifies as a permitted agricultural storage use relative to a proposed building located on eight acres of lands on which development rights are owned by the Town, located at: 1350 Alvahs Lane, Cutchogue, NY. SCTM#1000-102-4- 6.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: kimf@southoldtownny.gov Dated: February 16, 2017 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Kim E. Fuentes 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 N u- T1 E CoF HEAR1 , 4G The following application will be heard by the Southold Town Board of Appeals at Town - Hall , 53095 Main Road, Southold: NAME PLANNING BOARD (ACKE RMANN AG BARN #7037 MAP # 102N=4=6ml VARIANCE PROPOSED AG USE BEQUEST INTERPRETATION DATE : THURS , MAR. 2 , 2077 7 : 75 PM If you are interested in this project, you may review the file(s) prior to :he hearing during normal business days between 8 AM and 3 PM . ^ R' IH G` BnAPkD =T(""0W1R' nF ,S0UTHnLD 765 - 1809 #13179 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 23rd day of February, 2017. Principal Clerk Sworn to before me this day of 2017. LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY,March 2,2017 Cli IONA PUBLIC HEARINGS NOTARY PUBLIC-STATE OF NEW YORK NOTICE IS HEREBY GIVEN,pur- No O1VO6105050 suant to Section 267 of the Town Law and Qualified in Suffolk County Town Code Chapter 280(Zoning),Town of Southold,the following public hearings My commission Exrylree Pnbraary 211,2020 will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town-Hall,53095 Main Road,P.O. Bo'x`Y179,.Southold,New York--11971- 0959;on THURSDAY,MARCH 1.2017. of Disapproval based on an application deck addition less than the code required 9:30 AM.=`R.BRADFORD BURN- for a permit to construct additions and minimum front yard setback of 50 feet, HA11T;I#7015;,.— (Adjourned from alterations to an existing single family 2)"as built"accessory pergola located in Januar' 5 2017)'Request fd 'a Vari- dwelling and a new accessory garage,at: other than the code required rear yard, ance under Article III, Section 280-13 1)less than the code regdi ed minimum located at;1315 Hillcrest Drive,Orient, ` and the Building Inspector's August 2, front yard setback of 35 feet,2)less than NY,SCTM#1000-13-2-8.10 2016, Notice of Disapproval based on the code required mimmum rear yard 1.15 P.M.-TOWN OF SOUTHOLD an application for a building permit to setback of 35 feet,3)accessory garage lo- PLANNING BOARD/ACKERMANN construct a boathouse(storage building) cated in other than the code required rear AGRICULTURAL BARN #7037 The on a vacant residential parcel,`at:1)the yard,located at;125 Bow Road,Southold, Southold Town Planning Board-has re- proposed boathouse (storage building) NY.SCTM#.1000-87-2-33. quested that the Southold Town Zoning is not a permitted use;located,at:Pen- 10:40 A.M.-DAVID AND JUDITH Board of Appeals,pursuant to the Plan- ninsula Road (adj. to Darbie's Cove), MILLER#7031-Request for a Variance ning,Board Memorandum dated Decem- Fisher's Island, NY. SCTM#1000-10-4- under Article III,Section 280-15;and the ber 2,2016,provide an interpretation as 9 2&1000-10-4-9.3 Building Inspector's October 14, 2016 to whether agricultural equipment stor- 9.45 A.M.-ELIZABETH BRANCH Notice of Disapproval based on an appli- age for a vineyard management opera- #7010 - (Adjourned from January 5, cation for a permit to remove an existing tion qualifies as a permitted agricultural 2017)Request for a Variance under Arti- swimming pool and to construct a new storage use relative to a proposed build- cle III,Section 280-13C and the Budding accessory in-ground swimming pool,at: ing located on eight acres of lands on Inspector's September 19,2016, Notice 1)located in other than the code required which development rights are owned by of Disapproval based on an application i@ar yard, located at; 370 South View the Town,located at:1350 Alvahs Lane, for a permit to demolish an existing ac- Drive,Orient,NY,SCTM#1000-13-1-9.1. Cutchogue,NY.SCI'M#1000-102-4-6.1. cessory cottage and a building permit to 10.50 A.M.-MARIALICE DOYLE The Board of Appeals will hear all construct a new accessory cottage with an #7033 - Request for a Variance under persons or their representatives, desir- expansion at:1) the proposed construc- Article XXIII,Section 280-124;and the ing to be heard at each hearing,and/or tion is not a permitted accessory use,at, Building Inspector's October 24, 2016 desiring to submit written statements 1560 Indian Neck Lane (Adj. to Hog Notice of Disapproval based on an ap- before the conclusion of each hearing. Neck Bay,Little Peconic Bay),Peconic, plication for a permit to construct an ad- Each he will not start earlier than NY.SCTM#1000-98-4-23. dition(three season's room) to a single designated above. Files are available for 10:00 A.M.-DAVID BOFILL#7028 family dwelling,at:1)addition located at review during regular business hours and Request for Variances under Article III, less than the code required minimum reara prior to the day of the hearing. If you Section 280-15;Article IV,Section 280-19; yard setback of 50 feet,located at;3585 have questions,please contact our office and the Building Inspector's November Great Peconic Bay Boulevard, Laurel, at,(631) 765-1809,or by email:KimF@ 16, 2016 Notice of Disapproval based NY,SCTM#1000-128-3-12.5. southoldtownnygov on an application for a permit to legal- 11:15 A.M - L'EJON ENTERPRIS, Dated:February 16,2017 ize two"as built"accessory buildings and ES. INC. #7034 — (Contract Vendee) ZONING BOARD OF APPEALS an"as built"accessory deck,at:1)acces- Request for a Variance under Article LESLIE KANES WEISMAN, sory structures located less than the code XXIII,Section 280-124;and the Building CHAIRPERSON required minimum side yard setback Inspector's November'28, 2016 Notice BY:Kim E.Fuentes of 10 feet,at:5785 Vanston Street,(Adj. of Disapproval based on an application 54375 Main Road(Office Location) to Wunneweta Pond) Cutchogue, NY. for a permit to construct a new single 53095 Main Road(Mailing/USPS) SCTM#1000-118'1-1.4. family dwelling, at: 1) proposed dwell- P.O.Box 1179 10:10 A.M.-JOHN E.MCDONALD ing less than the code required minimum Southold,NY 11971-0959 AND CATHERINE MCDONALD rear yard setback of 35 feet,located at; r 131794T 2/23 #7036 — Applicants request a Special 6125 County Route 48,Mattituck, NY, Exception under Article III,Section 280- SCTM#1000-139-3-49. 13B(13). The Applicants are owners of 1:00 P.M. - LAN AND LYNETTE subject property requesting authoriza- CROWLEY.#7035—Request for Vari- tion to establish an Accessory Apartment ances under Article III,Section 280-15; in an accessory (garage) structure, at: Article XXIII,Section 280-124;and the 1235 Winneweta Road,Cutchogue;NY. Building Inspector's December 7,2016 SCTM#1000-104-12-12.2. Notice of Disapproval based on an ap- 10:30 A.M. - JOHN MURNAME _ plication for permits to legalize an "as #7027-Request for Variances under Arti- built"deck addition attached to an ex- cle=II,Section 280-124 and the Build- isting single family dwelling and an"as mg Inspector's October 31,2016 Notice built"accessory pergola,at:1)"as built" G/ TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEWYORK AFFIDAVIT OF In the Matter of the Application of MAILINGS (WriZwo e of Appli nts) SCTM Parcel# WOO,. COUNTY OF SUFFOLK STATE OF NEW YORK .+ 0C� residing at /0 Gt�,t7 New York, being duly sworn,deposes and says that: Oil the ? day of �� , 20/7, f personally mailed at the United States Past-Office in 490-7-AeVI) ,New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment -.roll verified from the official records on file with the( )Assessors,or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record,surrounding the applicant's property. (ST ) Sworn to bef re me thisi40t ry €u!)'G-, ct&ia ; .kwYbrk _.7 day of No.4.2 11709 ' C3�i��Iie� t►� ��C r4* E! otary Public) PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next -to the owner names and addresses for which notices were mailed. Thank you_ ru MR I •CUTC IO E�,w lY f R •:e •• I MAT�`T;TUCK if 14Y'1 :. 111 ;,�,,, :i \� f•'•.; 'j l;y✓ sl r, 471 01471 rq �-• 'Post�SS 9e° - c' 04 ,� PosT:�9 9' c R�87. 4 0 Certified Fee $a.BILI �� 'Certified Fee $i�.Iltl A -- Postmark � - 6POstma A\' C3 Return Receipt Fee A Ps Here W O Return Receipt Fee CD �/ Here - p ^`$�1. If (Endorsement Requ red) $1,1•�I�I n (Endorsement Required) 1 op-• �� Restricted Delivery Fee Restricted Delivery Fee i p, Cj (Endorsement Required) E-3 (Endorsement Required) iC3 $U 1, /� $17• '/117 0 7 (11-m Total Postage&Fees- $ - �+. `� Total Postage&Fees 1 m.:...m'•, O 3 ,; ` frl Se To r._� ttI Sent - -- i A No ---------------------------------- S - O Street Alit No.; / O Street, p. � .. _ It or PO Box No, JCP _• /� f� or PO Box No. �� (�,('Sr/ --_ -----_:----- -------------- J- --- -- -----�-j---'- -- ---------- i City S te,Zf�4 City State,ZIP+4/� 1 N ■ d ■ ■ 1 rTt • • •- - •-. 1 r 80UT�COP3. Y 119' •i Ln ^11X14 .. ; , µ e In ., .: r, 01471 ..D Pos' @ c 1 Pos AN $'1112 75 f A4 p Certified Fee $G• 1�r i0S Certified Fee' $Q. OReturn Receipt Fee • ostnlask ®• i 0 Return Receipt Fee P r I ! (Endorsement Required) 1 1' 1 f^.• P I� (Endorsement Required) C3 q ) ` �..� Here W � ' Del. . Feei Restricted Delivery Fee O (EndorsemennRequi ed) !p (Endorsement Required) ' $11• • '` ,y 60 Total Postage&Fees' Total Postage&Fees / M, Sent To 41 To ft'1 Se p --------------- p -------- -/�-- `O Attest Apt No., Street,Apt.No.: A -=- -- - = or PO Box No. Id. 3 I[�- orPOBoxN. ,-w-------- -- - ------- = t - - - Clry,stare,, P+4 """' �, Ciry,stat z1P 4 .• E .® RECEIPTCERTIFIED MAILTM -71 Ln (Domestic Mail oniy;'Nb insurance Coverage Proyidod) M r-3 ME 0 UMCUT,90GUE t.,, Y''il'�l,s : i '.�' '-, I o '� -,gy m �Ln CUTON0� 1bl Y 1#�9�S1„ f f; 471 :f U 0 7_Z; ) gg 1r-. 4� .:, :.J Post& � 1_I C j Certified Fee $l1.fl(l .r ^®..,. 04 i� Po1�g9 '8' ®1- IV - Certified Fee $11;1',10. � 11 Return Receipt Fee - os �+ Postm k Q`� 0 (Endorsement Required) $U• 10 Here 0 Retu'rri Receipt Fee Z j-3 J .� (Endorsement Required), $0..1 1- - Q Restricted Delivery Fee n I N p (Endorsement Required) CCQQ 7 2U1� Restricted Delivery Fee p $0° �Gv I r3 (Endorsement Required) ?'I .A Total Postage&Fees - /I�17/2fr1 0 $0., (1 p� Sen Total Postage&Fees, t e-R 4— V � �C`l - f73 m Se o 1 m. - --- ----------------- ---- C/Zi Street,Apt.No.; ,i O fleet,p No r- or PO Box No. -- r --- ��J__!'7 kll t - - Iti or PO Box No. J`�2.� /) 1 -- CdyyyStat tP ` 1''----- ..................... s `-i.,/d A"�1!_7 --!_� C:0 l� /� City State,Z%P+4 - = r RECEIPTC3 CERT FIED MAILT. • (Domestic • CERTIFIED , © ■ ■ rnnsurance m pzr' Domestic Mad Only! Ln MA�!#�A'�M�=.=t�tYi,1� i31 f'. • r= _• .- . � ��w 0971 - CUT��F�,OGttE>��.�lYIM, 'E � •-��r...� Pos@ 111 Certified Mail Fee $t_I.[10 ®0..® ivy � ` � $ ;, $3.35 Ilg I Certified Fee C3 ` E3 - d ��. Fide services&Fees(check bar,add lee prm td), 'C Postmar Retum Recei t(hardcopy) $ QI' 1• 1'll 11 ��666777 � 'Returp Receipt Fee °_ � p ❑ ,P m 11. - +s3 0 (Endorsement Required) $�. 10; Here ❑Retum Receipt(electronlc) $, ked `� Postmark Restricted Delivery Fee -7 1®11 O ❑Certified Mall Restricted Delivery $ 01-t p (Endorsement Required) - ` O E]Adult signature Required _ $ -- - C $0. _ _ - I 1 ❑Adult Signature Restricted Delivery$ �'L••esu ' `, q, ' '� Total Postage&Fees $ 1 '1 7 E3 Postage I ni M 161 S nt T r=1 Total Postage and Fees 'f Cr4Rr_e %Ck��$9`��/�P� 7r - i -, $. buil t O Street,Apt No.; ;- -- -------- --V/ ---- - -- - iI� or PO Box No. /��cS/�� • !q Sire -------------------------- or ----- e t T, '....... '_-""""' -- t et and Apt r PO Box No. --------------------- 1 �i15 ' ®dad �C11 _L ------------------------------- - - pp^� ------ - -- - -- - - I :ee a ee eee•e, - ' • U.S. ' •M- I Joan' CERTIFIEDMAV RECEIPT4 Domest c Mail Only �� • . . -� Y�193�r `' •i �^ CUTCH C�9` Y ;1�c e� t. � e ;�, CUT��G�+i, Ln Certified Mad Fee i Ln Certified Mail Fee I' t 1,. $ tee < , �` ® ' r- $ Extra Services&Fees(cheek box add tee i .- ,y' - V Extra Services&Fees(checkboz,addles ate) O ❑ Return Receipt,(hardcoPy-, - $ 1 Postma� ❑Rewm Receipt(hardcepy,:,._ $ ft 1 i = Here OIl PN 1 Postma�� ® ❑Retum Receipt(electronic), ❑Return Receipt(electronic) - $--r.�-.�— O. ❑Certdied Mad ResMcted Delivery re $ ® ! 00=1t' Certified Mail Restdoted Delivery $ +k� ' C3 ❑AduttSignatureRequired $--- — ,' I ❑Adult Signature Restricted Delivery$�— ,' '- r ❑Adult Signature Required $=-• -- �\ o® []Adults i gnature Restricted Delivery$ ! �. $j�.7� ! I Postage ;fl,(, Postage' ru Ln $ , tJ-I $ Total postage and F$6.V 13 � � Total Postage and Fees 1 $ - - _ I 1 s To- - ----- ,. ---------------- /,cv_si_ �r------- � '� Se�tT�J� $e — �_ ------------------------ 4 ©3 _ / fS.�k) oxNo. i No.lir f` , I rstr an ---------- - �,[Qy(_�- Streit a dA"t:No or ox o. i Cdv�State ZI 4� 0,36' 01ry,• tate„ZIP+ ® - :ee i ee see•e• - ._ TM 7 U.S. Postal, Service U.S. e e e e see•e• ' •stal.Service Er ' CERTIFIED MAIL 1 r I Domestic Mail Only fU nO�- �cq ' I' or very „ � - V7 Certified Mad Fee -•r 1 .0 f ” ` I (- t It �-� it C3 •��e Z Certifled Ma)I Fee f $ n � C3 Extra Services&Fees(checkbox,add les§ p te) �� [�- '�1,9 E]Return Receipt(hardcopy) - - $ T -`- ,.7 + Extra Services&Fees(check box,add fee as appropriate) �� 0 Return Receipt(electronic) $ l�.I 1 _:,Post ) . ® r-3 Return Receipt(hardcopy 1 $ -- _^'•+� _ r ❑Certified Mall Restricted Delivery_$ �.U� __ err -' C I (� .❑Rewrn Receipt(electronic) $ ef0 ` C3 ❑Adult Signature Required _ $ 4 fe lam_ .,� Q ❑Certrfied Mall Restricted Delivery $ 4- ♦!!�� ,I[� [j Adult Signature Required -- $ - \Adult Signature $ y .� ' Postage - m( - -y ❑Adult Signature Restricted Delivery$ r1J $1.1.7�� i�• ^® Postage ' Total Postage and Fer=jes �) $,.-^ V� $ $�'• 1� r Total Postage and Fees Ln Se t To $ 6:3,7 O o %%L' �Io55Ed' _ H- ,�13 r-' u aZ StreetandApt orP Box No. / Q S ntlO� � �--------------------- = Sire'ey�nr t:IVp�or PD_Box rye p ,� A1C -------------------------- '2� � - ” © J City,�Sjate +4 % �G i :e e e e see•e• - L lJ ----'_'--- - :e e e e e see•,• — Postal • — I ■ •stat _ _ Tm ■ 1 MAILO ■ ■ I ! ■ , . ■ I IrI '� Q+, Domestic J rrl Domestic P- i CE3 { ' I ,}§g A ,, i� I ' CUTj`i O US 1�Yr 419 `ti:,.; da""z1 4'..�s t-,.3, 1�.-' L€:zc _ - {�, is' xt i '�' S.7n1 § x• - Lr! Certified Mail Fee Lr 1 Certified Mad Fee A '4 - A1971 C3 '$3.35 11471 i Extra Services&Fees(check box add fee as appropdate) � 1 +- - I Extra Services&Fees(checkbo y add lee rp Cea •✓� S�y ` 0 El Return Receipt(hardcopy $ O -,'; I 0 ❑Rewm Recelpt(hardcopy $ .lilt tal 1C3 E]Return Receipt(electronic) $ , A(`'�,gtmarh ❑Rewm Receipt(electronic) $ I I I I ostmark I3 , ❑Certifled Mall Restricted Delivery. $ i \Here i Q ❑Certified Mali Restricted Delivery $ , $0 Uri Here r O []Adult Signature Required $ �� (/� (3 ❑Adult Signature Required �� i `a t ti �— []Adult Signature Restricted Delivery$ �(4 �Q , I O P❑Aduuet Signawre Restricted Delivery$ ru,Postage .J r-9 Total Pastage and Fees (" i `� Total Postage and Fes I_I 1 Ln $. . . ,? 7 ! $ Sent Ln _ S 1791 fit Stree andApt:No.,o P Box a, - -< Spee n Apt lila 4 C3 -orP hoz Y7 - I � a ra e z +a® •.' - ci' sraie,�iP+ ------ ----------------------------- d 3 © c,� - - - :ee e ee „. -� '-- :ee e e° see•,. TM - U.S. Postal Service PostalCEATIr s ■ CERTIFIED O ■ 4m ) r-1 ru (06 rpiestic Mail Only;No hisurance Coverage Provided) Ln, Domestic Mail Only M r` CUTC,}tOGUE� :�Y 11 913 t; � 3# � .� �.�� g MY ai'. �4{ €I � I(�-• ,v.,`f IF �/ - &: *; t:,'+az.",:s I �_..°'! 11 Si 1.A +..a+ 1 .s 471 0 CeihfledMail`Fee $335 �- PdsTa � $' $2.75 r- $ 5• 4 Extra Services&Fees(check bm4 add feeaeprodl to Certified Fee $1�.no Q ❑Ret umReceipt(hardcopy $ •C�4P') 1�E3 -`' - •_ _. Ostmark le'� '1=1 ❑Retiom Receipt(electronic) $ • 701 postmark o f i r-3 - Return Receipt Fee D ❑Certifled Mad ResMcted Deirvery ,$, jl 1 , 1 �r•L I:IfI 'p., ere I .Mere � (Endorsement Required) - . - d t= E]Adult Signature Required -. ,_, $ .� _ y Restricted Delivery Fee `, j ❑Adult Signature Restricted Delivery$ 1/ O (Endorsement Required) -• , {0 _ Fill. _t �j� i N- Postage Total Postage&Fees, 0• Ln $ g _ 7',' _ u ®� ' � Total Postage and F $s. (j---- ---------------------------- �Stt'![4�_ L, a— ------------ r%- ----------= = O Street,Apt.Ao.; r, i Street andApL'lVo.,iox r C` or PO Box No. � __: L`V�T1F __ G__--------- - [y/ ,Y/P+$ �"-' -'-'t `i• --------------------- City,Sate,ZIP+45 S c� c2 /q3 5 F �u ASVi�7 u•) r, (ti i CUT"pc Y iii rkf �: Ot �� CUTL Gill s� Y i "4 5 o L U 8 L,f7 g71 Certified Mail Fee 0971 � Certified Mall Fee $32.3= I O $3.3.r tt $ c Extra Services&Fees(checkbox,add lee a�-7Cate) ('�L�} j�' f�Y ` Extra Services&Fees(checkbox,add fee ��e r elate) �4 C3 ❑Return Receipt(hardcopy) $ )-'• �6 7 p ❑Return Receipt(hardcopy) $ It I t B ��r r ❑RetumReceipt(electronic) $ Postm r3 ❑Return Receipt(eiectronlc) $ $Ilo no .. t�®F.•® !P rk ❑Certlfled Mall Restricted Delivery $ Here a$ 'x, C3 ❑Cerflfled Mall Restricted Delivery $ •® Here �r E3 ❑Adult Signature Required $ 7 r00p�`(' e>,� I O []Adult Signature Required $ O ❑Adult Signature Restricted Delivery$ ' { �®®a L'S9 a )t Q Postage❑ ult Signature Restricted Delivery$ FEB 101 m.l fl1 Postage �il].70 i t r'f $ $l}e 70 L1 D b u7 $ 7 1 ui rA r.q Total Postage and Fees .2/ f7�20 ,q Total Postage and Bees I� "�S�Gj i' $El s(� Ln $ . LI $ ent— A�SD.C� I 3 Sen Sack a - o ••d t. - 0 ---------------------------- -- --------- - StredT and f. o..or4o ox Afo = = ---e---------- -- - Mali, Stree ndA No., 11 No. N r.7 >�d -- -� Crty, tatQ.Z)P+4�� 'c�'� (7� U� If 3 � Ci!(, • COMPLETE THIS SEPTIONON ■ Complete items•1,2,and 3;Also complete A. SI ria ure ). • ; item 4 if Restricted Delivery is desired. Agent ■ Print your name and address on the reverse ❑Addressee 1' so that we can return the card to you. B. Receia by(Printed Name) C. pate o Delivery ` ■ Attach this card to the back of the mailpiece, /Jr�� J 1��)� f or on the front if space permits. V 'l 1. Article Addressed to: D. Is,¢elivery address different from item 19 El Yes ��ES,enter delivery address below- 11No �EQo�CY ovk— 7a< Service Type C�7 � A)y f 9 o ❑Certified Mail ❑Express Mali ❑Registered ❑Return Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (fransf'ifrom service label) f It i P,S Form 3811,February 2004 DomesticlRetS•rh Receipt 102595-02-M-1540 •MPLETE'VIIS SECTION i WMPLETE • ON DELIVERY .><I'�Compl'e a items 1,2,and 3.Also complete A Signature 0-item 4 if Restricted Delivery is desired. ❑Agent ` ■ Print your name and address on the reverse X / ❑Addressee so that we can return the card to you. B Received rioted Na ) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. s-de�'� y. ddress different m item 1? ❑Yes i 1. Article Addressed to: i (�, YES,\ec .livery address below ❑ No �f�� o2017 iK Tb Service-Typa/ Certified Mail 13Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (Transfer frork�sevit a lobe/J PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 v COMPLETE •N COWL ETE THIS SECTIONON DE I LIVERY ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. f I ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delive address'below: ❑ No = t X11 TD 000 SEB y 3. Service Type ❑Certified Mail\,_[3 Expre Mall ❑Registered ❑-Retum Receipt for Merchandise ❑ Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number (rransfer,from service label) PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 ,JIM COMPLETE THIS SEC"� I ■ Complete items 1,W,-and 3.Also complete A. 1 item 4 if Restricted Delivery is desired: / _�❑�Agent ] ■ Print your name and address on the reverse ❑Addressee I so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. ' D. Is delivery address different from item 1? 11 Yes 1. Article'Addressed to: If YES, net r deliveryatld`ess below: ❑ No ] /vl 14CAR i � r2rrls Cv/c�- ,( u�15 v /hvl � �A i o 3. Senr`Icet ypeM 7� I M AAA19 155-e-77 ❑Cert�f'I4AAai 0 EApress Mail / ❑Registered---❑Return Receipt for Merchandise :i ❑Insured Mail ❑C.O.D. 1 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number. (Transfer,frorri service laben ;j It PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540; + 6 i COMPLETECOMPLETE THIS SECTION ON DELIVERY • ■ Complete items 1,2,and 3. A. Signat ■ Print your name and address on the reverse X E3 Agent El Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece, B R ived by - ted Name C. Date of Delivery or on the front if space permits. 1. Article Addressed to: D. Is delis x ss i item 1? ❑Yes If YES eiS delivery add low: ❑No -82017 7 PS r + II I IIIIII IIII III II II I I II I IIIIII II IIII III II III 3. Service Type ❑Priority Mail Express( ❑Adult Signature ❑Registered MaIITM ❑Adult Signature Restricted Delivery ❑Registered Mail Restricted! ❑Certified Mail® Delivery 9590 9402 1961 6123 5894 43 ❑Certified Mad Restricted Delivery ❑Return Receipt for ❑Collect on Delivery Merchandise ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation"' 2. Article Number(Transfer from service labeO ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over$500) PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE SECTION COMPLETE THIS SECTIONON DELIVERY ■ Complete items 1,2,and 3. A. S71k� ■ Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑Addressee ■ Attach this card to the back of the mailpiece, B. Received by(Footed Name) C. Date of Delivery or on the front if space permits. - S a i of — 7— I 1. Article Addressed to: D. Is delivery address different from item 17 ❑Yes If YES,enter-'d),very address below: [3 No 8 Tri&FRM9a.) k$Q9 o4A— �IOZ d G'v�C��oE A)Y (170,30' l 3.II Service yi I-D� CI Priority Mail Express@ I IIIIII III III I II II I I II I IIIIII it III III I II III ❑Adult Signature_ 11 Registered Mal i 13 Adult Restricted Delivery ❑Registered Mail Restricted I 9590 9402 1961 6123 5894 50 ❑Certified MalEll® Delivery Certified Mail Restricted Delivery ❑RetuMerchandisReceipt for ❑Collect on Delivery ❑Collect on Delivery Restricted Delivery ❑Signature Confirmation"' 1 2. Article Number(Transfer from service label) ❑Insured Mail ❑Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery •;, i c i ° ; , ;;; (over$500) j 'PS Form 3811,July 2015 PSN 7530-02-000-9053 Domestic Return Receipt COMPLETE •N COMPLETE THIS SECTION ■ Complete items 1,2,and 3.Also complete A. Signature n 1 item 4 if Restricted Delivery is desired. X0❑Agent ] ■ Print your name and address on the reverse ❑Addressee 1 so that we can return the card to you. B• eceived y(Printed Name) C. Date of Delivery 1 ■ Attach this card to the-back of the mailpiece, ,QaC 70(�t 2/i7//7 or on the front if space permits. D Is del•very:address different from item 1? ❑Yes 1. Article Addressed to: (7, `�' 1 � �'� 7If enter delivery address below: ❑ No -4,05 i ' Cc�TcO�D�tJC eU� - / �.•`Se ice�y J� 0Mail ❑Upress Mail ❑Registered ❑Return Receipt for Merchandise , ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number �• , (fransferifiom servvice labeq ; : PS Form'3811' February 2004 'Domestic Return Receipt 102595-02-M-1540 1 n • THIS SECTIONCOMPLETE THISWN ON ■ Complete items 1,2,and 3.Also complete A. Signature ❑Agent item 4 if Restricted Delivery is desired. g ■ Print your name and address on the reverse ❑Addressee I so that we can return the card to you. B. Recei d by Printed Name) C. Dto of De very 111111 Attach this card to the back of the mailpiece, f or on the front if space permits. D. Is [very add@rt' fferent from item 1? Yes 1. Article Addressed to: �If fiE,enter del' -address below: ❑ No -° f DoT/ �,�/9v,Q�,� j GASapt/i) /3 os 44 I // 1, 3. Sery C�70TCk 1;.;1e✓j Pr /J9� [3 Certified Mail E3 Express Mail Qo ll[ ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article,Number (Transfer fromservice'label); '{z '• `. 9 PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 i COMPLETE •N I COMPLETE THIS SECTIONON DELIVERY I ■ Complete items 1,2,and 3.Also completeA tg atLireA�W4 item 4 if Restricted Delivery Is desired. X ❑Agent [ 1 ■ Print your name and address on the reverse El Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of De' ■ Attach this card to the back of the mailpiece, ^ ry or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from item 1? ❑Yes If YES,enter delivery address below: E3 No sat d P ; = entice Type ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 1 4. Restricted Delivery?(Extra Fee) ❑Yes ' .2. Article Number. + (Transfer from Vsennce'label) i ? i i!i PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLETE t ' �; , :, ■ Complete items 1,2 and 3:Also complete: :A. Sig; uFe; 1 i item 4 if Restr`icted'Delivery is desired. X ❑Agent ■ Print your name and address on the reverse 7 ❑Addressee ` I so that we can return the card to you. B. Received by(Printed Name) C. D Ite of elivery 7 ■ Attach this-card to the back of the mailpiece, I f or on the front if space permits. / ✓I S /;_ r`�� `� 1 l I_ D. Is delive �cJciress different `m'dem 1? El Yes I. Article Addressed to: If YES, nt�er ry address belaw: ❑ No C 7 iAo 3. Service Type ❑Certified Mail ❑Express Mail ❑Registered 13 Return Receipt for Merchandise I ❑Insured Mad ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 13 Yea j 2. Article Number (Transfrom swoe laLielf .,er'f� ter , t :, 7 '1i v i LI PS ForrXt, y February 2004 Domestic Return Receipt 102595-02-M-1540 COMPLETE • • • , — 1 ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery Is desired. ❑Agent j ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date"Divery ■ Attach this card to the back of the mailpiece,or on the front if space permits. f D. Is delivery address diffent ro tit m 17 ❑Yes j1. Article Addressed to: If YES,enter delitiery �s.b ❑No 93 1 I �3 ivy U 3. Service Type �� / J ❑Certified Mail .Ekpress Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes ; (transfer fromiserv/ce.labelj,i +i i i iPS Form 3811`February 2004 Domestic Return Receipt 102595-02-M-1540; 'rl COMPLETE • COMPLETE SECTIO( DELIVERY ■ Complete items 1,2,an 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X Z177 so that we can return the card to you. E3 Addressee ■ Attach this card to the back of the mailpiece, B_R e e (P• ted N ) C. Date of Delivery or on the front if space permits. r Q_ 2 0 -y—/ i 1. Article Addressed to: D. Is delivery addres�s�i�Fsre�Ufr�m item 1? ❑Yes C I /F/ry n� � /�EG,�� If YES,e�gSe delivery address below: El No /� i' fc /1 �JE.LLa U 176?6- /1k0-rh/5 iWe_ t' i /Jz� 3. Service Tydpe� lis V J✓ 13 Certified Mail7_0 Express Mail j ❑Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. i 4. Restricted Delivery?(Extra Fee) ❑Yes :2.i Article : � . : : • :: : :•: 19(rransfer from service label)i t ii IM i i 's i ( PS Form 3811,February 2004 Domestic Return Receipt 102595-02-M-15,40 ' r SENDER: SECTION • MPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also completeA. .ignature item 4 if Restricted Delivery is desired. ■ Print your name and address on the reverseso EJ Agent ■ twe can return the card to this cad to the back of the mailpiece, �ou. i Addressee Attach B. Received by(Printed Name) C. ate of Delivery or on the front if space permits. e, `c S a�� a/ I. Article Addressed to: D. Is delivery ad r 7-ere�from item 1? Ye If YES,e (er I verya dl:\`�IbeIow: ❑No Ptvii4� Joie .4.Cv 3. Service T " "--` f / ❑Certified Mail—'p- Express Mail � ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) 2. Article Number -- 13 Y6 • _ 1 (Transfer=from serv/ce i PSForm 381 1,`Febrlaa``2004'4' 3 ry Domestic'Return Receipt 102595-0244, 4o i FPO 'p��IvY �IT TOWN-OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT 'OF In the Matter of the Application of POSTING ilM14 e of Ap IiCaVAS1) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#1000- - d COUNTY OF SUFFOLK) STATE F NEW YORK) I, i uyl •�' Ki�� residing at l42->d bib SCQA Ac> ATIT,ttl e�- , New York, being duly sworn, depose and say. that: On the day of ice, e-u&' , 201 , I personally placed the Town's Official Poster, with the date of hearin and-nature of�my application noted thereon, ' securely upon my property, located ten(10) feet or closer from the street or right-of- way(driveway entrance)—facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven(7)days nor to the .date of the subject hearing date, which hearing date was shown o be rtT(/, 7 (Signature) Sworn to before me this Day of CL6TVA ' , 201 CONNIE D.BUNCH QQ notary Public,State of New York n /! No.01 1 50 Qualified in Suffolk County Commission Expires April 14, (Notary Public)' * near the entrance or driveway entrance of my property, as the area most visible to passerby. 629h 9502 0000 02ST S'C2Z [@eOPOSG�� FIRST-CLASS MAIL rg SObTyolo ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 0 /07/201 $06e`�`�0 ! s, 41 SOUTHOLD TOWN HALL f 6 53095 MAIN ROAD•P.O.BOX 1179 fly SOUTHOLD,NY 11971-0959 ZIP 11971 Q 04101242960 I � . i " a i 629+1 950t'_ 0000 02ST SUL i U.�. POSTAGE I �41XIE 100 DC 1 �O�aZ%Z�l17 !Y ` Y_ _,L/ W /V �•V/ V 4� / vV Yii—IRia 'TO .SENDER �l �u WMA L E TO F OR tIARD D UNL GC: 7711971095979 7 *0302-02895-07—44 ppj04 j - 11971>095•9 1117�ifleiliil)��1�19�11{i116llBlllt{�illll7,�ll�l;iil.l��7(i1�t'I i -- g �J�.a• � � Y�.F s.3 jl LhEO SLT9 0000 0090 ETOL lf-swo Tyolo ZONING BOARD OF APPEALS �� FIRST-CLASS MAIL TOWN OF SOUTHOLD neopost SOUTHOLD TOWN HALL 02/07/2017 • �0 53095 MAIN ROAD•P.O BOX 1179 0 eOUSOUTHOLD,NY 11971-0959 ZIP 11971 ' TIE` 4 041L11242960 ` ., STOTiCT�A .2011 = Y M- i _rt M� ZfiEO SLT9 0000 0090 ETOL U.S, POSTAGE �� _ - - IIIIIIIIIIIIIIIIIII _PP.1v /) � /� �! X'i i" M f frs i34 i i✓I.3 i.v�T T f'S-,. "1 # ] 140T AS ADDRES5FED sC�&--ZZ971-07 - 44 4' ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1 st Floor 54375 Main Road and Youngs Avenue, Southold website: hn://southtown.northfork.net February 6, 2017 Re: Town Code Chapter 55 -Public Notices -for Thursday, March 2 , 2017 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before February 13th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing-the returned letter to us as soon as possible; AND not later than February 20th : Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 22"d: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before February 28, 2017. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. TRceal JAN I S 2017 To: Leslie Weisman,ZBA Chairperson and members of the Zoning Board of Appeals From: North Fork Viticultural Services ZONING BOARD OF APPEALS Date:Jan. 12,2017 Re: Interpretation of Proposed Use for Barn on amended site plan for Ackermann Agricultural Barn located at 1350 Alvah's Lane,Cutchogue.SCTM#1000-102-4-6.1 Zoning District AC Dear Ms.Weisman and members of the ZBA, Please review the enclosed material regarding this application.The Planning Board sent you a letter dated Dec. 2, 2016 on this matter, and we feel that the information in that letter does not fully represent NFVS's situation.We provided the planning department with additional information after being made aware of this letter on Dec. 16. It is possible that you have already been given updated information, but we are not able to ascertain that from the planning department.The enclosed also contains more information in addition to that initial communication. We feel that the ramifications of this interpretation affect not only NFVS's barn project, but also the status of any existing or future barns on DRS AC land that may house agricultural equipment that is doing"double duty,"or being used both on site and on leased or contracted lands. ThWku attention to this matter, Wnn,owner, NFVS LLC. re: North Fork Viticultural Services agricultural storage facility(barn) application on DRS AC land sent by the Southold Town Planning Board to the Zoning Board of Appeals for interpretation as to whether this proposed structure is an agricultural storage facility, or a _7631 "contractor's yard."The outcome of this determination will potentially impact the whole of RECEIVED Southold Town's agricultural community, and any future new agricultural businesses. BACKGROUND: JAN 12 2017 The definition of agricultural production under Section 25-30 of Chapter 25 of theZONING BOARD OF Southold Town Code is, "Agricultural production shall mean the production for APFEf commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for the processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include fences,equipment storage buildings, livestock barns, irrigation systems and any other structures used exclusively for agricultural purposes." In the Deed of Development Rights contract (Feb. 5, 1999) in which Southold Town purchased the development rights of this property, it states that future owners "shall only use the premises...for the purpose of agricultural production..." William Ackermann, owner of North Fork Viticultural Services (NFVS), is a longtime North Fork resident and grape-grower. He has an amended site plan application before the Southold Town Planning Board to build a 7,142 sq. foot agricultural equipment and livestock supply barn on his 23-acre farm on Alvah's Lane in Cutchogue (SCTM# 1000-102-4-6.1), purchased in March 2016.The parcel is zoned AC, development rights sold (DRS)to Southold Town. It has 8 acres previously planted in grapes, and about 13 acres in two new pasture fields (previously overgrown) and two pre-existing paddocks. in total,about 21 acres are being actively farmed. NFVS is a vineyard management and consultancy company with a number of clients on the North Fork.Some vineyards are managed with NFVS equipment; some are consulted to and use their own equipment. NFVS also grows its own fruit on the equivalent of about 50 leased acres, and on the 8 acres it owns at Alvah's Lane. Mr. Ackermann has also improved the farm for livestock. Split rail horse fences have been replaced with general livestock post and mesh wire fences.The north and south fields have been cleared of brush, graded, disked and planted in cover crop and pasture grass. Irrigation lines have been installed. Half the perimeter on the north and east side was already in deer fencing at the time of purchase;the remaining east and south sides are now in deer fence also. The west side along Alvah's Lane is open, except at the location of the 4-foot livestock fence. The barn is proposed for a clear area between Alvah's Lane and the front of the vines. It is intended to house NFVS equipment, such as tractors, sprayers, mowers and grape bins, as well as supplies for the livestock project. It could also partially become shelter for livestock, if sheep RECEIVED JAN 12 2097 ZONING BOARD OF APPEALS are included.The concept right now is to raise a small number of sheep and cattle for non- -7031 commercial use at first,to assess the feasibility of raising livestock commercially. When the barn proposal was first submitted,the livestock project was discussed with the planning department, but not at length, because the Alvah's Lane property had just been bought and plans were not firm at that time.Also, given the initially positive feedback NFVS got from the Planning Department, it did not seem necessary to provide further justification for a barn on a farm. To be clear about the intent and the timeline, livestock fencing was installed in the early summer of 2016, and the grading, disking, seeding, irrigation lines and mowing done in over the summer and fall (with Mr.Ackermann's own equipment), long before the Planning Board's public hearing in November. In fact, Planning Board member Marty Sidor and Mr.Ackermann had a casual conversation about Mr. Ackermann's plans for finding a farm to purchase and raising cattle back in 2014. It is also important to understand that the equipment to be stored in the barn is ALL used on the Alvah's Lane vineyard and farm. It is also used on the leased vineyards, and to provide services to the contract vineyards. NFVS does NOT own separate sets of equipment for different locations.That would be prohibitively expensive, in the millions of dollars. Managing a vineyard of any size (by North Fork standards) requires the same equipment; more acreage simply means more time spent working. NFVS is a relatively small company compared to much larger vineyard-management and farming operations in the area.The operations of NFVS and the livestock program depend on proper storage of the equipment and supplies.That is why NFVS wants a barn. A diagram showing equipment in a winter storage configuration has been provided to the planning department.The barn also contains a 1,020 storage loft,for grape bins and feed. There are NO plans for retail, manufacturing, or anything that is not allowed on DRS AC land, according to Southold Town's own code. ACTIONS: The Land Preservation Department reviewed the application and approved it on March 7, 2016.This department exists in part to ensure that development rights sold land is used appropriately. Planning department staff at first said the application seemed straightforward. However, at the public hearing in October,some non-farming neighbors protested the barn,saying it was not in keeping with their neighborhood.They compared it to an "industrial site," said that they thought it is too large, complained that brush and trees had been cleared, and called the deer fence reminiscent of a "gulag." NFVS pointed out at the public hearing that there is nothing in the Southold Town code that limits, determines or uses a formula to dictate the size of a barn on DRS AC land, nor the RECEIVED JAN A 2 20V �() 1 ZONING BOARD OF APPEALS amount of equipment a farmer of DRS land may own. Even without the leased and contracted vineyards, the size of the'barn is in keeping with the activities on the Alvah's Lane farm, and represents a lot coverage of 0.71%. NFVS also referenced the sale of development rights deed in which the Southold Town Code is referenced,which states that development rights sold property is limited to certain agricultural use, INCLUDING storage of agricultural equipment. The Planning Board sent a letter(attached)to the Zoning Board of Appeals on Dec. 2 for an interpretation of use, asking if this barn is something akin to a "contractor's yard." NFVS received a copy of this letter two weeks later by email.A contractor's yard is a light industrial- zoned use in which non-ag trades, such as construction and electrical,store piles of supplies, equipment and vehicles outdoors. It differs from a private warehouse, another LI use in which non-ag businesses store supplies inside a structure. The Planning Board's letter references ONLY the 8 acres of vines on the Alvah's Lane property as the sole farming activity on site. It states, incorrectly,that NFVS's "business is to manage hundreds of acres of vineyards located elsewhere."The largest client, Pindar Vineyards, is indeed hundreds of acres, but NFVS consults for them.They have their own equipment.All this was stated very clearly and accurately on the original application, and a list of NFVS leased/managed locations was provided by request of the Planning Board.As has already been said,the size of a vineyard doesn't determine what equipment is needed,the activities, such as hedging and spraying do. If NFVS only wanted to build a "warehouse" or"contractor's yard," it would have bought a smaller property, in LI, or AC dev rights intact, not an entire 23-acre farm —which is already actively being farmed. 1) NFVS asked planning staff how this can be a zoning issue, since a barn is clearly not a contractor's yard, and pointed out that the code allows agricultural storage on DRS land. It is our opinion that this is not a zoning issue, because ag storage is a right on AC land, including on DRS land, and ag equipment is not trades supplies/equipment. 2) The historical precedent in Southold Town includes centuries of farmers working their own land as well as leased land, and providing services such as plowing,seeding and harvesting,to other landowners. NFVS's business model is not something new that requires new interpretation. 3) As noted above, in the Deed of Development Rights contract (Feb. 5, 1999) in which Southold Town purchased the development rights of this property, it states that future owners "shall only use the premises...for the purpose of agricultural production..." It then references the definition of agricultural production under Section 25-30 of Chapter 25 of the Southold Town Code as "Agricultural production shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for the processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems and any other structures used exclusively for agricultural purposes." 4) Therefore, if the Planning Board does not allow NFVS to have an agricultural storage barn,then Southold Town will be effectively in violation of the deed contract. 5) Farmers with DRS AC land should not be subject to an arbitrary size limit on a barn,or denied a barn, based on the feelings of non-farming neighbors, or some nebulous idea of what the "right" size should be.They should be allowed their right under the code to build a barn in keeping with their actual business, within lot-size limits, used only for storage and livestock, as per the code. 6) If the ZBA determines that this barn is a"contractor's yard,"or anything other than an agricultural storage facility,then any farmer who works lands that he/she owns, leases and contracts to,AND has a barn on DRS property that houses ANY equipment not used solely on the subject parcel, is unlawfully running a contractor's yard,or whatever"not-a-barn" category is chosen. 7) Such a determination would set a precedent that would negatively impact any future agricultural proposals on DRS AC land in Southold Town. 8) Such a determination would represent removing rights that were-understood to exist when landowners sold their development rights to the town.The town would be, in effect, reneging on these contracts. NFVS responded to Planning Board's letter to the ZBA with an email the same day we were notified, saying that the Planning Board letter does not explain the situation accurately, and providing more accurate information. We have asked if this information has been supplied to the ZBA, but were told only that the Planning Board has been made aware of our email. We do not know if this information has reached the ZBA. We have asked repeatedly to meet with the planning board and/or the ZBA in a work session, or for a more informal meeting, but have been given no response other than the Planning Board awaits the interpretation from the ZBA. 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MATCH: 'LINE'-` - )3-07-01 11-14-02 p9 S 1-0603 6-03-00 1-1604 625-09 5-01-12 n7`? fi, c6P�`l 1)36- M#5 A?e&OAJ ADy h -76-7 ��seal i� � � y o Q)r� p4m �r �c A&V#45 ' y �7�5��'®cow � � �" ✓ �r �©�� k�= � �� Gv-72,4c�:v6- Qok 9a, Cv'f C,oSV6 r-ARMs SCID-f-rl �AORF4) 1'30d-C6COA--) 1,19-A � 07-a V o� �/ 3 6 � e�j- G Qoce�,v ° , 6 f��a „meg �•��©� %f7v 1?4rc,k4e1, b �� 2oss�� fop:sL e. / 5O� Ro dao fl�r� s �� Ai��Gi�� Gds A,C✓101s kq 5444-Pos &3-3 06 ) Qum lg4WO AA fi'q-7-1r1lDct _rW77 E 9"Irry' V 112 6 26 22 LIN MATCH Z LINE It FOR PCL NO 12.7 SEE SEC NO 24 e 243 102-04-006 1 21 39A izo S; 19 136 I w 12 3 2 3 122 129 2 6A(C) 25 26 1 2A(c) 12 1435 N C6 I DA(d) eo At-- 501 1 CLO) 74 3 V) rp (C) 1436 1 OA(c) if 1. 1434 69 7 TEE LA. 15,,) TOWN OF S, 7A(c) 272 --- (CONSERVA-17101 1 OA(c) 9 (1) 14 4 A 12 23 So 5 SA(c) It 1432 pn -8 131 5 271 14.5 a Q 81 8 ms t S 14 31 Isn 243 A& 0 1 Asa & & 31 IT 1 2A(C) (501 Si 62Ax.10240 83 1 2 1A(.) 8 99 BAms rs N 12 3A( 0 28 X 41 In) 14 c) 4 in 147 1 OA(c) 1439 26 a (c) A 1429 446 a' m)) Im ERVA rm (311 21 148 62 94 28 27 26 in 11 1A s Rn 25In 428 w 1A 2 1 1A(.) t ZZ it 149 210 2-43 1427 1447, 228 'A(7 c) roi 14A 229 1 2A Vo)) 112 1410 DD WAY 211 M O (501 14A 242 1420 1445 212 1 OA(c) m, 1426 g 1 (C) 230 1 OA 1 1Agas 1411 F aN 2.25 CO 231 2 mo s ml 1425 2131 4A m 7 2A(c) 1421 1 OA (12) 14 12 F 1 OA(c) 1443 .r rna 2 6A(C) PEGGING 232 PI 224 — - 1424 m7 3 kNOTRIJ ST, 214 1 5A 9 on 14 13 wil 223 0 1422 w J4 42 23 215 ms < A 2AC) 5 233 1 OA( R on I 1A(C) m G) '1423 P 7A8(c) on (C) 1A 239 6 g DRAJNAGE 2 16 t 1 n 222 11� 1414 V .2E. WAY t6o) AREA t I JA _ I . '11a I'm 234 1417 1418 1419 "'Ry"'NO A"A.� 217 2 (IN 1415 v,ECRE-011 1 2A 221 pt 22. 219 RECR 1 JA 14 1" A EEAATION R 218 05) 1437 33A E-2 12 OA(c) rn 9NOTE 20 SA(C) AN OVERLAP CONDITION EXISTS BETWEEN PARCELS 109-06-9 4&9 6 AND 15 FOR PCL NO SEE SEC NO 116-01-OW3 TIT FOR PCL NO FOR PCL NO SEE SEC NO SEE SEC NO 116-01-107 gp —Z—————— 1--- ——————— —————————— Z_LINE —URE7 MATCH—————————Z SEE SEC NO 116 SEE SEC NO 116 NOTICE COUNTY OF SUFFOLK @ K CHI_ 9 vvvyp MAINTENANCE ALTERATION SALE OR E ..E 29 —T_ DISTRIBI.ITION OF ANY PORTION OF THE Real Property Tax Service Agency y 45 —R County Center Riverhead,N Y 11901 M 90 REFusE SUFFOLK COUNTYTAK MAP IS PROHIBITED SCALE IN FEET o— YyyShyy WTH LIT MITTEN PERMISSION OF THE o 'InO A REAL PROPERTY TAX SERVICE AGENCY P HS 116 Notice to Adjacent Property Owners Ackermann Ag Barn SCTM#102.-4-6.1 1350 Alvah's Lane Cutchogue, NY 1. 102.-4-5.5 6' -tJ H• 15 144 4o w � �pi-uvIb1dGl• nnasso req uc+. nay ,/__2. 102.-4-8.1 0_+� Q tie Ae '"_n I m o o A jrv�`a�N�9{-u c.lc t InSz J -3. 102.-4-9.1 C-15 Gr0vN0_- c-i l o so �3�9�� t ,/I,, -4. 102.-4-7.2 P De-4-105w--4 1-73S 141va�s J - 5. 102.4-5.3 (DIRT) 4L 0_eA^hawdt 3S"615 a - J 6. 102.-7-1 (TOSRB) "i owe 1, F cL PCs ,� Ct'11 7. 102.-7-2 I.._. &a.Vnb0_L&-n a 1-30S Gr-LtilUrt 1. j ti 1-'� C�-� I�he� u e, t t et a S" If- 8. 102.-7-3 `J V- V SV-v O k-i P ® q 2 ✓ - 9. 102.-7-4 'T-1- rz J0hi00n I--I g 6 C,+-vwn Lo."CA Un 1l 13 35 10. 102.-7-5 (PSP) 1, p. i�::ol.6,Di 0 D 9 3 9 Cuft,hog'It 11 3°f 11. 102.-8-35 (PUTO) i c, o IF Soj+-ew d ID d 11 -7 q 7( J 12. 102.-8-36 (TOSRB)7',u+r+ ®c '1d- taa 11-) 4 'SocJ+VN6 Cr !l q?? -13. 109.-1-24.2 8J Ka (os74 1-7-5s- A'voah5 Ln C."-f__PL3S- f®14. 109.-1-24.3 C.4-(L Ga-V"eAIo 1-7z5' hkvo-'Ks L-7 C_AJK.y..m'3ve- 1 1-133 ✓-15. 109.2-18 30.W LS4h n,W 1cz,Trus+ IID® ArIv6pM C-n Cu-khOZ) ll�i3f J -16. 109.-2-2.1 J r-3,,,-a-r_� P o •7 3 S' CSA+_e-h` 3 u e I a-a 3-5 t l J-17. 109.-2.2.2 m 4- Q Cr0 s,se o-- Z5 t vo.h 5 Ln CA-'fr-G1 0-0 OIL J "18. 109.-2-12.5 '$ + 5 Sc cell-t-o� 8 7� t�'v�'-� (.a`^oC Ln C�-`�t PZ co�sr� C I9 3r J-19. 109.-2-12.4 t_%�-J Tr-0 16/ to_7s Gvul•�n Lcu,oL L r� }-tie �c ,/e If 4 r DRT-Southold Town Development Rights TOSRB -Town of Southold Recharge Basin PSP-Private Subdivision Park PUTO-Public Town Open Space (passive use)