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HomeMy WebLinkAboutThe Old Town Farm SOUTHOLD TOWN BOARD SPECIAL EVENTS APPEAL HEARING August 15, 2017 4:31 PM Present: Supervisor Scott Russell Justice Louisa Evans Councilman William Ruland Councilwoman Jill Doherty Councilman James Dinizio, Jr. Councilman Bob Ghosio, Jr. i Town Clerk Elizabeth Neville Town Attorney William Duffy This hearing was opened at 4:48 PM COUNCILMAN GHOSIO: NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold hereby sets Tuesday, August 15, 2017 at 4:31 PM at the Southold Town Meeting Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the Appeal of the denial to hold a Special Event of The Old Town Farm. I do have a notarized affidavit that this has been noticed and published on the Town Clerk's bulletin board. I also have a letter here that this was published in the August 10 addition of the Suffolk Times. SUPERVISOR RUSSELL: Would anybody like to address the Town Board on this particular public hearing? Please. BESSIE HATZIS: Hi, my name is Bessie Hatzis and I live in Southold part-time. I am the neighbor of Edward Dart who is making the application for a special permit. First of all, I would like to thank you for giving me the opportunity for a chance to speak. I have been a neighbor of Mr. Dart for over 10 years now and one of the reasons that we did purchase that piece of property was because it was a very scenic tree farm with a lot of families, came to visit the tree farm during Christmas time, it was a nice site to see sitting out on the deck because we are literally right on the farm. You know, his customers walking back and forth on our backyard, we never said a word. Mr. Dart asked to speak to us, I guess it was about a year ago with his intentions of wanting to clear trees out and to start holding special events. We objected from the first moment we heard about the idea. Mr. Russell, Mr. Duffy, I did send a letter to both of you, I do have a copy of it here if you would like to see it again, just let me know. But we have concerns, you know, anybody would over, you know, the obvious, the property values. I have a picture of October 1St, it was my birthday last year, and there is a giant tent in Mr. Dart's backyard and before you knew it, I am hearing music until 11:00 at night, my floors are Special Events Appeal-Old Town Farm August 15, 2017 page 2 bouncing up and down. I was not happy. We bought a house so we can peacefully enjoy it not so we can run the other way because he is holding a special event. How can I not be concerned about people that are now on his property, no fence around, drinking. The normal problems, coming out of the tent, going to the bathroom in all our properties and I feel that we weren't given the opportunity to fight this. I just happened to see somebody showing the property last weekend, so I decided to see if there was anything going on and found that there was an appeal for a permit and that is why I am here, to voice my concerns. My objection of something being held in my backyard. Now, it is my belief that Mr. Dart doesn't live at his tree farm and I respectfully would want to ask him if he would want this in his own backyard because if that's the case then perhaps the permit should be for his own backyard and not at my homes backyard. Thank you. Does anybody want to see the letter? SUPERVISOR RUSSELL: Please. MS. HATZIS: I had concerns about the zoning designations (inaudible). SUPERVISOR RUSSELL: Thank you. I am trying to recall if it was you or a neighbor that actually had come in to see me about this issue last year. MS. HATZIS: It must have been a neighbor (inaudible). SUPERVISOR RUSSELL: Does anyone else want to comment? ED DART: Hi, I am Ed Dart, the property owner and applicant before you today. I stated my case in my letter of appeal to you and I can assure you, all of you and Bessie, that the farm continues to be, as it has been in our family for 100 years, as idyllic and peaceful and beautiful and even more so than ever before. I know nothing about what she speaks of raucous behavior. In my opinion and anyone else who was there, it was a fantasy, beautiful, peaceful, fairytale type wedding reception. We were very respectful, not I but those people that held the event, were very respectful and the event did not, certainly did not continue to 11:00. It was all packed up and done by 10:00 or 10:30 at the very latest. Somewhere's between 10: 00 and 10:30. It was you know, a very nice low key event and I would like to have another one and I respectfully request that you honor my appeal. SUPERVISOR RUSSELL: Yes, I just want to ask a couple of questions. First, how many acres is the size of the whole parcel? MR. DART: Seventeen point five four (17.54). SUPERVISOR RUSSELL: How many acres do you get an exemption on? MR. DART: Maybe 12. SUPERVISOR RUSSELL: Okay,just one thing, I think there's a misunderstanding on... MR. DART: I am not sure about that number but something like that. Special Events Appeal-Old Town Farm August 15, 2017 page 3 SUPERVISOR RUSSELL: I think one thing I should clarify tonight to you and everyone else that seems to be in the special events business, other than incidental uses, if people are hosting special events on farmland they are not entitled for the long term purpose, an agricultural exemption. It sounds like you might have five acres left over there, so it might not be the issue in this case, I just think for general clarification which you raised in your letter, no, regular use of farmland for special events for a venue would disqualify for an exemption. MR. DART: This year the Assessor's came around and took land out of our agricultural exemption. SUPERVISOR RUSSELL: Then it sounds like that was accounted for. That's great. COUNCILWOMAN DOHERTY: I have a couple of questions. On your application you say the event is 4:00 till 11:00. Is that for the music going till 11? Or is 11 when they are totally out of there? MR. DART: 11 is when they are supposed to be packed up and done. The event is, music is supposed to stop by 10:30. Maybe it's 10:00. But it is certainly well before the 11:00 hour. COUNCILWOMAN DOHERTY: My other question is, not knowing exactly where your house is, is there an opportunity for you to put some temporary fencing or barrier, so people don't cross your property line onto the neighbor's property to say, go to the bathroom or smoke a cigarette? MR. DART: That's not happening, no one is crossing onto their property. It is completely closed, we could put a wire up or something if we had to or a fence or something but her place is completely screened by trees. Maybe they haven't completely grown together yet and listen, things are changing a bit. We did move some trees around and we are reshaping the way that the fields look but things have to change from time to time in every form of agriculture and in everybody's world, things change. And I am re-sculpting and reshaping but people that come in to my farm today say, Ed Dart, you should find some way that let more people share in the beauty of this place. They said I should have a ticket booth out front to let people come in, to pay, to see how beautiful it is. I invite all of you to come in, it's breathtaking. And everybody is respectful of our neighbor here but our neighbor isn't here very often. COUNCILWOMAN DOHERTY: So back to my question, is there a way that you can put a barrier from your property to make it very clear to the guests on your property.... MR. DART: Sure. COUNCILWOMAN DOHERTY: That your property ends here and this is somebody else's private property. MR. DART: Sure. I could run some posts and things like that. it is pretty apparent now but we can make it impervious if need be. COUNCILWOMAN DOHERTY: I don't know... Special Events Appeal-Old Town Farm August 15, 2017 page 4 MR. DART: Sure. COUNCILMAN DINIZIO: A couple of questions, the lady said that there was some violations of people going to the bathroom... MR. DART: Urinating on her property? COUNCILMAN DINIZIO: Is that correct? Are there any complaints about that? MR. DART: No. No complaints whatsoever about that. COUNCILMAN DINIZIO: That's okay. MR. DART: They had bathrooms there that were so elegant that you wouldn't want to go outside. COUNCILMAN DINIZIO: I just wanted to know if you were aware of that. MR. DART: No. COUNCILMAN DINIZIO: Also, your parking. How do you intend to handle, looks like you have got about 20 cars or so that will be able to park on your property? MR. DART: Oh, no. I have calculated the parking space at the state 300 feet per car area and I have provided a detail parking plan with the application, showing easily parking for up to 200 cars, if need be. COUNCILMAN DINIZIO: Okay, I must have, because I just see for 20. MR. DART: That would be a lot. I calculated all that. COUNCILWOMAN DOHERTY: In what area? I am just looking at this farm map. MR. DART: Not that one. It's not on there. COUNCILMAN DINIZIO: Because that's the one I have. MR. DART: Well... COUNCILMAN DINIZIO: It has 20 spaces. MR. DART: That's last years application. COUNCILMAN DINIZIO: Okay. Special Events Appeal-Old Town Farm August 15, 2017 page 5 MR. DART: Which was less complete than this year's application. This year's application was detailed and I think I addressed every possible concern that had ever been, could ever be considered. COUNCILMAN DINIZIO: Okay. COUNCILWOMAN DOHERTY: So where do you have the parking, just based on this map? Just so we are clear because I don't think we have the other map. MR. DART: Well, all of this here, this here, this here... COUNCILMAN DINIZIO: We don't have that. MR. DART: Inaudible. COUNCILMAN DINIZIO: Well, that's alright, we'll take that into consideration. Part of your application. With respect to the music that you are going to be having, is that amplified music? MR. DART: I am not having the music. The people that are going to be hosting their own reception are having the music. I am just making the place available to them. Will they have amplified music? I believe that's the way that it is, yes. COUNCILMAN DINIZIO: Okay. MR. DART: But, toned down and directed away from the closest neighbors. COUNCILMAN DINIZIO: Okay, so you have considered or your applicant has considered... MR. DART: Definitely. COUNCILMAN DINIZIO: Good. MR. DART: I don't like to have to come in here like this or to face concerns by my neighbors. COUNCILMAN DINIZIO: So are you a bona fide agricultural.... MR. DART: Yes. COUNCILMAN DINIZIO: Okay. Because I read your first letter from last year and basically kind of went through your trials of being in business as a tree farmer and I was wondering if you could just kind of run that down for us for the record. MR. DART: Sure. Well, I am the third generation proprietor on the farm. My grandparents bought it around the turn of the century. That's the other century. And when my grandfather got ready to retire, his solution was to sell off half of the farm for houses. And then my parents continued after that and when they became retirement age, their solution was to sell off half of Special Events Appeal-Old Town Farm August 15, 2017 page 6 the remaining half. So I am left now with a little piece and I am trying to do things now to find a way to keep what's left. Now, we raise Christmas trees and we raise container grown nursery stock. Lots of them. So I had another career for many years that kept me busy and I couldn't be in the day to day tending of field crops like corn and tomatoes like my ancestors did, so for me, nursery stock was the way to go because it was a bit more forgiving kind of agriculture. But I am finding that really there is no easy way, no matter what you are growing, there's huge demands on time and talent. So, I am continuing it in the tree business and I have trying to keep it all going. I really just love my farm and my family heritage and I am just trying to, like I said, keep it afloat. And people that come to visit, they are taken back that there is something this pure and this beautiful still in existence by people who are doing it all by hand and that's what we are. COUNCILMAN DINIZIO: So the farm has been in that location for how many years? MR. DART: Well, the buildings were built in 1753. I mean, it's an historic place,just to come in to see it. we have got, I have my collection of antique farm equipment, that people like to see and enjoy, like I say but my family has been farming it and doing it the hard way for 100 years. And I am just trying to, I am getting older too and I don't want to have the same solution that my parents did. COUNCILMAN DINIZIO: Now, so the homes that surround you farm, they were actually part of the farm at one time? The homes that surround your farm right now. MR. DART: Were our land. COUNCILMAN DINIZIO: Alright. I see. Now, the only thing that honestly that really concerns most people is that band and that music and you know, I understand that a wedding is a celebration and I was just wondering if there was any way that you could lessen the amount of time that that band is playing? Or direct it, put it in a building or.... MR. DART: Well, I can't get it inside but I have told the people that they need to be respectful of everyone near us and cautioned them about sensitivities, told them that it should be over by 10:00, I think that's in my contract but it might be 10:30, I am not sure but I believe that the town code talks about the noise level changing at 11:00 so I am trying to do it earlier than that and orient any music away from the closest neighbors like I said. And listen, I don't want that kind of raucous stuff myself, I mean, I am just not that kind of guy. I don't want the sort of problems and sort of raucousness that exists at some of the other places and certainly, I don't want it to be alcohol driven type event place like so many of the other ones are. You know, this is low-key and natural and incidentally, the people who are having the wedding are a local family who have been our employees. So it's a, it's practically family. COUNCILMAN DINIZIO: I think I just have one more thing. The product that you are going to sell to them because that has to be part of the nexus, what is that? Explain that to us. MR. DART: They are young Christmas trees. Special Events Appeal-Old Town Farm August 15, 2017 page 7 COUNCILMAN DINIZIO: Okay, so they are grown on your farm? That type of....how do they come? Do they come in a package? Container? MR. DART: Well, it depends on how they want to package them up. Sometimes, well, there has only been one time, and they were put into little burlap bags and they put ribbons around them and the family guests take them home and they just think it's a beautiful, lasting souvenir. It's really nice, it's better than a bottle of wine with your name on it or some other piece of plastic with some soap or whatever they give away at other weddings. This is really nice, a personal tribute that is a lasting thing that connects not only with the wedding but particularly connects them with our farm. I think it's a full circle what we are doing there. COUNCILMAN DINIZIO: Okay. would you have any objection to shutting that music off at 10:00? MR. DART: Personally, I would be happy to shut it off at 8:00. COUNCILMAN DINIZIO: If we grant you a permit, would you... MR. DART: I need to tell the people, I mean, I will tell them 10:00. If you would like to stipulate that, I mean, I could tell them that. if that would be a stipulation, I guess we would all have to live with it. COUNCILMAN GHOSIO: What time is the reception starting? MR. DART: Boy, you are asking me for details on that stuff, they are getting married there so, I am not sure now. I think that starts around 4:00 or 5:00. 1 really am sorry, I am sorry Bob, I don't have that particular information. COUNCILMAN RULAND: It's obvious to me that there's a difference of opinion and that's pretty much the case in many things where one person sees or perceives something in one way and the other person says I don't see that to be the case. Since one person has spoken about a previous event to which you responded in a different light, where you present for the entire time of that event? MR. DART: No. COUNCILMAN RULAND: Where you or will you be present for the entire time at the proposed event? MR. DART: Yes. INAUDIBLE COMMENTS MR. DART: I was an invited guest at the other one, but there was, I haven't gotten an invitation for this one but I am certainly authorized to be there. Special Events Appeal-Old Town Farm August 15, 2017 page 8 COUNCILMAN RULAND: I would certainly hope so. SUPERVISOR RUSSELL: I will say that the couple isn't applying, you are, for the special event permit, so the onus is going to be on you for compliance. MR. DART: Right. Now, you know, we only had one event and it was unfortunate that Bessie should be unhappy with the one we had because really, I barely ever see lights on in the house. I don't even know that they are there that often. If I am there 365 days a year and they are there only a few, I guess they still have every right to be here, you know but... SUPERVISOR RUSSELL: We are going to ask everybody to address the Board directly. Alright, this... COUNCILMAN RULAND: I would think you are looking at that wrong because while if you look at the, for instance, the symbol of justice, the lady is blind okay? There is a blindfold. And whether it's this neighbor or the neighbor next door to that, the onus is still the same. And certainly, our concern is for the neighborhood as well as for you and your operation but I think that everyone has to have an understanding that given the location of some of these places, these types of things that are expressed can become a problem because of the proximity to the farm of certain houses that are in a certain direction where you have stated that you can mitigate that somewhat by having... MR. DART: I do the best I can. I will do the best I can. COUNCILMAN RULAND: Well, I think that's imperative that be done because there's, well, the fact of the matter is, if the Town Board were to say we are going to grant your appeal and if we were to impose stipulations that if they were not followed, it would be very difficult for me in the same situation the next time to ever grant another one because of the fact that it would appear that based on the experience, it was going to from what was perceived bad to worse. That's all. I have no more questions. COUNCLMAN GHOSIO: On a day to day basis, it's obviously a working farm. What kind of noise do we have there on a day to day basis from the actual operations? Do you have machine noise, is there a lot of noise there? Trucks coming in and out? I am just kind of curious as to you know? MR. DART: Well, we have trucks coming and going. They are not actually noisy. Probably the noisiest thing are chickens. They get squawking and they, that's probably the noisiest thing on a daily basis. COUNCILMAN GHOSIO: But aside from that, machinery,processing... MR. DART: Well, we are out there mowing the grass. COUNCILMAN GHOSIO: Okay. Special Events Appeal-Old Town Farm August 15, 2017 page 9 MR. DART: We do that. Not a particularly noisy operation. COUNCILMAN GHOSIO: If you were growing other products and doing other things, presumably you could potentially have more noise and it would be perfectly within the scope and the expectations of what you would have on an operating farm. MR. DART: Could be noisier than we are. Yes. COUNCILMAN GHOSIO: And you have only had one of these events in the past? MR. DART: Mmmhmm. SUPERVISOR RUSSELL: Are you done, Bob? COUNCILMAN GHOSIO: Yes, I am. SUPERVISOR RUSSELL: You know, this is the one thing you had said, that things change. That's the issue with zoning. They are not supposed to change unless the zoning does. And what I think, look, we have created a standard with the special events legislation, basically we created legislation as a means of someone to market their crops. What's happening is, not just there but everywhere else, people are using the special event as a means of generating income and that's not the intent. They are supposed to be on site to market and sell their products. I think, look, I am going to be honest, under the current code, under the standards we have set, you are probably entitled to a permit. We have issued a lot of similar ones. I don't know, I am still thinking about it. but one thing, I think from the larger perspective, this Board really has to sit down and reexamine the special events legislation because the whole purpose wasn't to open up opportunities to create venues, it was supposed to be a direct link between selling things, growing things and then selling things. And incidentally, New York State law requires that we recognize special events as a bona fide issue on farms, provided that there's a marketing component. However, it does give us the ability and the right under the law, it's not absolute, we do have the rights to put standards in place to make sure that the income earned from special events don't exceed a certain percentage of the sales. And I think when we sit down and reexamine the special events code, we ought to look at the State's legislation very carefully. MR. DART: We do need to find ways to market our products. SUPERVISOR RUSSELL: And the town code can provide a special events, the town can let that happen but it also has the right to limit how much money can be made beyond the sale of the crops themselves. MR. DART: I don't expect this event thing to be big part of my... SUPERVISOR RUSSELL: I am not suggesting in your case. I am saying generally, site fees and all that stuff, the town has a right to regulate that based on Ag and Markets law. Ag and Markets statute but that's an issue for another day. That's not the issue today. Special Events Appeal-Old Town Farm August 15, 2017 page 10 COUNCILMAN DINIZIO: Well, with respect to what you just said, three adjoining residential property owners citing excessively loud music. Did you get any citations for that? MR. DART: No. COUNCILMAN DINIZIO: Were there any citations given from last... MR. DART: No. No violations, no reprimands, nothing. It's a surprise to me where that comment came from. COUNCILMAN DINIZIO: Okay. MR. DART: I don't know if they were anonymous complaints or what but they were not ever made known to me which I think is unfair. COUNCILMAN DINIZIO: How many, I mean, what is your intention? You came last year and you had an event, it was an approved event. You are having one this year, if we approve it. is it one a year? Is it five? What is your.... MR. DART: Well, 1 don't want it to get run away, that's for sure, but I would, what would I hope to have, going forward? Is that what you are asking me? COUNCILMAN DINIZIO: Well... MR. DART: I don't know. I would like to talk about this one at a time first, before we go into... COUNCILMAN DINIZIO: I just thought I would ask that question. I think that's all I have. SUPERVISOR RUSSELL: One other issue with the special events code is unfortunately the noise code, special events are excluded from the noise code, at the time there was a purpose behind that but what we are finding is that it's just not workable. We need to apply the noise code to any special event that is taking place. MS. HATZIS: First of all, the police were called and the officer did tell me that they were going to go over. So Mr. Dart was not there, he was probably not aware of that situation, so it's not a surprise to me. Second of all, you know, when we were talking about his idea, he was going out to wedding planners to you know, basically sell his property to them. You know, advertise it. so my impression is not one at a time, my impression is two a weekend for every weekend that is possible. I, there was a noise issue, I am in my house with the TV blasting and I am still feeling the bump, bump, bump till 11:00 at night. it's unfair, if he's going to have to hold events, can you not hold them till 5:00 PM? I don't know what the town codes are but I think he is not telling us the truth. That is just my opinion. Thank you. One more thing, I don't believe that enough income can be generated from one event a year to make up for everything he is having us believe. Special Events Appeal-Old Town Farm August 15, 2017 page 11 SUPERVISOR RUSSELL: Okay. Would anyone else like to address the Town Board? (No response) This hearing was closed at 5:20 PM Elizabbth A. Neville Southold Town Clerk #0002104820 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 weeks(s),successfully commencing on 08/10/2017 Principal Clerk Sworn to before me this day of d THISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No. 01V06105050 Qualified in Suffolk County MV COOIMIMIen ImpireS February 28,2020 J y TYPESET. Tue Aug 08 09 34 18 EDT 2017 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold hereby sets Tuesday,August 15,2017 at 4 31 PM at the Southold Town Meeting Hall, 53095 Main Road,Southold,New York as the time and place fora public hearing for the Appeal of the denial to hold a Special Event of The Old Town Farm Dated August 1,2017 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A.Neville Southold Town Clerk 2104820 Bessie Hatzis 1825 Main Bayview Road,Southold, NY 11971 (631) 724-3755 May 12, 2416 Mr. Scott Russell Town Supervisor,Town of Southold 53095 Main Road, P.O. Box 1179 Southold, NY 11971 Dear Mr.Russell, My name is Bessie Hatzis and my family and I own the house at 1825 Main Bayview Road in Southold. I am writing to express my concern about a recent discussion I had with my neighbor Edward Dart, owner of Dart's Tree Farm located next door to our home at 2355 Main Bayview Road. I received a text from Mr.Dart a few weeks ago stating that he wanted to speak with us about an idea he had to try to make up for"lost business in the last few years" We met up with Mr. Dart and he proceeded to tell us about his plan to use the property to hold outdoor events including special events and weddings. Needless to say, we were not receptive to his idea at all and asked him many questions. At the top of the list we asked how the Town would possibly allow this. His response was baffling... "raw space," He proceeded to explain that he could actually book the property as raw space without needing any special designations or permits because he would be allowing somebody to rent his space and he is not providing anything more to them. All other items would be provided by the party itself(i.e. music, tables,tents, portable restrooms, food, and alcohol.) Is this even possible?? Who is going to control the noise and music? Who is going to control the crowd?? Who is going to keep our families safe from people wondering off his property onto ours after maybe consuming a few drinks?? Where are these people going to park?? These are just some of the immediate concerns we have. Mr. Dart also told us that he had also spoken with some of our neighbors. When we questioned our neighbors,nobody had any idea of his plans. So now we ask, would he have to apply for some kind of special events permit? What we have all noticed is that he has removed the trees and flattened out a couple of square areas,making it clear that he has every intention of proceeding with his plans. I was able to locate a Southold Town Zoning map that indicated that his land has the same R--40 designation as our property. I also see that there is an Agricultural District Exemption. Based on the zoning of the property and the fact that holding events (special,wedding,etc.) cannot possibly be included in an Agricultural District Exemption, we respectfully request that any permits,special or not,be denied to Edward Dart,Dart's Tree Farm or any other agent seeking to hold such events that would allow the property or"raw space"to be used for a wedding reception or any other kind of event. Sir erely, Bessie Hatzis CC. Chris M.Hatzis,Esq. Cheven Keely&Hatzis v.. 40 Wall Street, 12th Floor New York, NY 10005 Bill Duffy, Esq. Town Attorney,Town of Southold 54375 Main Road, P.O. Box 1179 Southold,NY 11974 r" BOARD MEMBERS "0f 30 Southold Town Hall Leslie Kanes Weisman,Chairperson - �p 53095 Main Road®P.O.Box 1179 �+ Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes cn Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoICou Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SO>1JTHOLD Tel.(631)765-1809 m Fax(631)765-9064 June 23,2017 The Old Town Farm, LLC Edward Dart 2355 Main Bayview Road Southold,NY 11971 Re: Special Event Permit#WP367 Property: Old Town Farm, 2355 Main Bayview Road Date of Event: September 30, 2017 Dear Mr. Dart: I am in receipt of your Special Event application submitted on June 8, 2017 for a private wedding and reception to be held on the premises noted above on September 30, 2017. According to the procedures and standards of special event provisions detailed in Chapter 205 of the Southold Town Code, a special event approval shall be determined after careful consideration of any or all impacts on adjacent property owners and the surrounding neighborhood. In response to a previous special event application for a wedding that you submitted last year, in consultation with me,the Town Attorney informed you in a letter dated July 28, 2016,that the following criteria for allowing special events on your property had not been met: 1. No nexus between marketing your agricultural products as a tree farm operation and a wedding event 2. The fact that a catering use is not permitted in the R-40 Zoning District 3. A use variance must be approved for a special event to take place on.the premises. As a result, I denied your application.Pursuant to Section 205-6 of the Town Code you appealed that decision to the Town Board who requested additional information from you. Upon receipt of that information, I approved your application on September 30 2016 for that one event only and conditioned upon the Town having the right to revoke any permit or deny future permits if events generate unforeseen impacts to the health, safety or welfare of residents and guests of the Town. After the wedding event was held on your property on October 1, 20It,the Town received complaints from three adjoining residential property owners citing excessively loud music f The Old Town Farm,LLC Page 2 and noise disturbances. Subsequently, I am denying your request for a special event that involves a wedding with catering and live music. Pursuant to Section 205-6 of the Southold Town Code, an applicant who is denied a permit by the Chairperson of the Zoning Board of Appeals may apply to the Town Board for reconsideration of the applications by filing an appeal with the Town Clerk within ten (10) days of the date of denial. Since eslie Kanes Weisman ZBA Chairperson cc: William Duffy, Town Attorney Michael Verity, Chief Building Inspector land preserved through the sale of development rights to the county of Suffolk with a permit issued by the Suffolk County Farmland Committee. If food is to be served, it must be catered and prepared off-site by food vendors who hold a permit to operate issued by the Suffolk County Bureau of Public Health Food Protection Unit. RECMW APPLICATION FOR A PERMIT TO HOLD A jUN 0 8 2017 SPECIAL EVENT ZONING BOARD OF APPEALS Please provide ALL of the information requested'below.Incomplete aunlieations WILL NOT be reviewed. Special Event Permit#. Date of SubmissionA Name of Event �e if � ,1;t w(peC� o i?iG�TI"fyede:. �1 ed + 1-1-4-?ecf pJ l/ h SCTM#'s 1000-,Section 7 Block- 0 Lot(s) /0( 2-3 Dates of Each Event: -W -20/7 Nature of Event: C? CC- i�!G��(['lease +t€�eclt ae t[ets�iled descrintian tc�tpris a�nrlicat[an) Time Period(Hours)of Event: From L ,00 dh to ;Od Pm- Maximum Number of Persons Attending At One Time: Z-00 Number of cars expected 100 Is a Tent or other temporary structure being used? [ K YYes[ ]No If yes provide size(s) Ye X/OD W1 food be served? �'•s [ J No If yes provide number and name(s)of food vendor(s)l:r � r�• e Ca uJ L .SDA �"h _ Suffolk County permit#(s)fT Q Oh'j n'Z k wo(Ly Will other vendor- eon the premises during the event? [w-1-Yes [ ]No If yes how many? f Describe type of vendor(s) L►v e— Yy\y-s i c_ Contact Person and Contact Tel.# E CIt t)c r v"d- Event Location: Street-Hamlet Address: The- id Town ara r wL d �t 7 Mailing Address to Send Event Permit to: S&,M e as- C,80(/e Have any of the development rights been sold to the Town of Southold[ ]YesNo and/or Suffolk County? [ ]Yes No If yes to either or both,also indietite on the attaches plan the boundaries of the reserved area un n,whiclr the event will take place. YOU MUST ATTACH A PAIg C/EVENT PLAN TO THIS APPLICATION(see next page) IF THE EXPECTED ATTENDANCE IS 300 OR MORE PEOPLE.YOU MUST ALSO ATTACH A TRAFFIC CONTROL PLAN(see next nstg 2 r , A Parldng/Event Plan may be a•survey. site plain'and/or aerial view(for exantnWGoomle-Earth) of the subicct proRer jj. IDMICATE ON THE PL.01 ALL of the Mlowink�information: A parking/event plan showing: (1) The size of the property and its location in relation to abutting streets or highways. (2) The size and location of any existing building(s)or structure(s)that will be in operation during the course of the event and any proposed building,structure,or signs to be erected temporarily for the event. (3) The location of the stage or tents,if any. RECEIVED (4) The designated areas of use for spectators,exhibitors,vendors,employees and JUN 0 g 2017 (5) Location of all exits. (6) The location of all fire-extinguisliers-and other fire safety equipmetil ,NING BOARD OF APPEALS (7) The location of all temporary utilities to be_installed for the event, i�any. (8) The layout of any parking area for automobiles and other vehicles and the means of ingress and egress for such parking areas. The parking spaces must allow for 300 sq. ft. per car. (9) A traffic control plan for vehicles entering and leaving the site for the proposed event. (10) Plan for the use of live outdoor music, loudspeakers and other sounds which will be used, if any,and the type and location of speakers and other audio equipment. (11) A description of emergency access and facilities related to the event. (12) Provisions to dispose of any garbage,trash,rubbish or other refuse. (13) Location and description of any additional lighting to be utilized in conjunction with the event. (14) Location of sanitary facilities on site. Traffic Control Plan Events for three hundred(300)or more people also require submission and approval of a traffic control plan, acceptable to the Town of Southold,AND a qualified traffic controller must be provided.Please attached a written description and/or notate on the parking event plan the following: 1.who will be conducting traffic,2.where they will be stationed on site,3.how they will direct the entrance,circulation,parking,and exiting of cars on site,and 4,contact information for use by Southold Town Police. I am the Owner of the Property where this event is to be held and do agree to comply with the laws, rules, regulations, conditions, and requirements of the Code of the Town of Southold, including but not limited to the conditions listed below, as well asall other applicableAagen;ceand reguladons�...�- pertaining to the activities under this event. Print name of Owner Sigttattiie o Owner Print name of Authorized Person filling out Signature of Authorized Person filling out application application PE,RMISSI[ON IS HER Ei BY GRANTS,D.SUBJECT TO THE FOLLOWING CONDITIONS: 1. By acceptance of this permit, applicant agrees to adequately supervise and direct all parking to be on the premises or at another site, and to provide parking assistants and any additional traffic controls necessary for this event.P:irl<.i g is strictly proliibitGcl mi DIY )own,Court gr-State Roads arAjights of Way. 2. Traffic control at events for three hundred(300)or more people shall be provided by a qualified traffic controller in accordance with the attached,approved traffic control plan. 3. One "on-premises" sign not larger than six (6) square feet in size may be displayed not longer than thirty (30) days before this event, and removed immediately after the event. Directional parking signs shall be adequately displayed. 3 4. Applicant indemnifies and holds harmless the Town of Southold from all claims, damages, expenses, suits and losses including but not limited to attorney's fees arising from activities under this permit. 5. Tent proposals must receive permit approval from the Southold Town Building Inspector before placement on the property and must meet all fire and safety codes. 6. This permit is valid only for the time, date, place and use specified above, and for the designated event. Each additional day will require a separate permit application, fee, and related documents for review, etc. at least 60 business days prior to the scheduled event. 7. Adequate temporary sanitary facilities must be provided by applicant for this event and applicant agrees to remove the temporary facilities from the premises within 48 hours after the day of the event. 8. On-site food preparation is NOT permitted, although food may be catered subject to all Suffolk County Department of Health regulations. 9. NO activities associated with this event including but not limited to parking, ingress/egress/access. tcnt(s) or temporary structurc(s), or temporary sanitary facilities shall be conducted, on Town of Southold Purchase of Development Rights land. e 10. NO activities associated with this event, including but not,limited to parking,, inatess/caress/acecs"s, tent(s) or tetnpot-ary structurc(s); or. temp9—roa salutary facilities shall be conducted on Suffolk County Purchaso of Development Rights land without a permit issued by the Suffolk County Farmland'Comtnittee. 11. Issuance of this permit does not authorize in any manner the occupancy of any building exceeding the legal limitations under the fire code or other codes which would prohibit such increased occupancy. 12. Access shall be provided for emergency vehicles,to all public assembly areas,all buildings, all work areas and any additional area where emergencies may occur. Two emergency-fire exits and exit paths from the building(s)on the property,to a public way or remote safe area,shall remain open and unobstructed at all times. 13. Owner assures that all fire,safety,building,and other laws will be complied with. 14. Music,when outdoors,is required to stop at the time specified in the permit.Placement of the speakers must be in a location that affords the greatest protection from noise intrusion upon adjacent properties. RECEIVED 15. ADDITIONAL CONDITIONS: JUN 0& 2017 ZONING BOARD OF APPEALS ANY VIOLATIONS IN CONNECTION WITH THE CONDITIONS LISTED HEREIN WILL TERMINATE THIS PERMIT. Date Issued: APPROVED, ZBA Chairperson ZBA Town of Southold Office Location: 54375 Main Road(Capitol One I"floor) PO Box 11971-0959 Southold,NY 11971-0959 Tel:(631)765-1809(press 5012 at voice recording) Updated August 2013 Fax•(631)765-9064 4 RECEIVE® Application for A Permit To Hold A Special Event JiIM 0 g 2017 Supplemental Statements ZONING BOAR®OFAppEA Nature of Event: The Helf family of Peconic wishes to utilize a portion of the premises at The Old Town Farm in Southold for the purposes of a private wedding and after-wedding reception for not more than 200 guests. The Helf family has been friends and acquaintances of the famn proprietor for over ten years. Three members of the Helf family have been prior employees at the farm. As a precondition to having their event at the farm, the bride and groom have entered into a contract for the purchase of agricultural products from the farm. A copy of that contract is included with this application. The event also will include the viewing of antique farm tools, dissemination of information about farming history unique to this property as well as the solicitation of the sale of additional farm products to the event guests. Facilities: The event shall include the use of the historic barn and barnyard for the wedding and social reception purposes. As noted on page one of the application, a tent shall also be erected on the farm property for a sit-down dinner reception, The services of a properly licensed caterer will be employed. Live music will be included in the festivities. Music volume shall comply with applicable Town codes and shall be directed away from closest adjoining neighbors to minimize noise intrusion. It is anticipated that music will end by 10PM. Festivities will be concluded by 11:00PM and the property vacated as soon as reasonable thereafter. Both the bam/bamyard location and tent location are shown on the survey that is a part of this application, as well as locations of portable sanitary facilities and trash dumpster. Temporary sanitary facilities and trash shall be removed within 48 hours after day of the event. Parking: Not more than 100 vehicles are expected for the event. All parking shall be on-site and contained within the parcel in the parking areas shown on the attached parkinglevent plan. No parking shall be on any town road. Ingress/egress: To mitigate traffic impacts on neighboring properties to the greatest extent possible, all ingress and egress to the subject property during this event will be from Main Bayview Rd. Proper directional signs shall be placed temporarily at the points of ingress/egress. An on-site event manager will supervise parking, ingress and egress,noise and all other event attributes. Application Attachments • Contract for purchase of agricultural products • Certificate of liability insurance • Farm map showing agricultural uses of parcel • Survey indicating location of: On-site parking plan, points of ingress/egress, event site location(s) on the parcel, portable sanitary facilities, and trash dumpster. Contract for Purchase of Agricultural Products from RECEIVED Dart's Tree Farm at JUN 0 a 201? The Old Town Farm 2ONIIVG BOARD OFAPPF 2355 Main Bayview Rd Southold,NY 11971 Purchaser(s): lklf 4..` M_ GF U b Address: 1, BNAV0&knd\4 Ln ,y u L I (we) understand that The Old Town Farm, LLC is first and foremost an operational agricultural enterprise.Any event hosting activities are secondary to the property's primary use as a working family farm. As a precondition to being offered the opportunity to utilize a portion of the farm property located at 2355 Main Bayview Rd, Southold, NY for a short term special event on (date). M , I (we) do hereby agree to purchase the below listed agricultural products from Dart's Tree Farm for the sum of$_Z,660 . Product delivery date to be on or before (date) This event will include supervised farm tours with historical background,farm museum andthe promotion of the farm's agricultural products to guests. Payments made on this contract are non-refundable. 100 Juvenile living Christmas trees, individually packaged suitable for distribution as gifts. Leyland Cypress privacy screening trees including installation services at my address. Leyland Cypress trees picked up at the farm. Other Agricultural product(s) r� t Agree / - _ Date S L3 f Purchaser(s) r Z�Pmnt rec'd.by f" Date Dart's Tree Farm 1 w 110 � op ''d077d�j M0 L7 . - _� Co" P l ! r�er4 '8" to Qj � S • ' i• 4. - �' ',r a • t �.' �_r-� fes, 4" w ua ....................v ] P W rc y q 79' 0. ; _rcr h y ,y v1 ,• , CERTIFICATE OF LIABILITY WSURANCE DATEWWD01YYYY) 3/23/2017 THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER.THIS CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER,AND THE CERTIFICATE HOLDER. IMPORTANT: If tho cortificate holdor Is an ADDITIONAL INSURED,tate policy(les) must be endorsed. If SUBROGATION IS WAIVED,subject to the terms and conditions of the policy,certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In hou of such andorsomon s. PRODUCER NAME: Lori McBride Roy H Reeve Agencyr Inc. PONE (631)298-4700 P 4.(631)298-3850 PO Box 54 A-DMAIL .1mcbride@rayreteve.com 13400 Main Road INSURERS AFFORDING COVERAGE NAIL P_ Mattituck NY 11952 HSUREAlft Ont Ina. Co. 0310761 24449 INSURED INSURER a:Sontincel Insurance 11000 Edward Dart 6 Judy L Dart dba Dart® Christmas ImuRENc: Tree Farm. E,/or Old Town Harm LLC IIaunen 0 r P.O. Box 1 INSURER R: Peconic NY 11958 INSURER : COVERAGE$ CERTIFICATE NUMBER:CLI732305771 REVISION NUMBER' THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE-LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT,TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS ' CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES.LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. ILTR TYPE OF INSURANCEADDL SUBINSM=QPOLICY t U DER 9041 C l AtO��{pp yYyy► LIMITS X COMMERCIAL GENERAL LIABILITY FMCH•OC CE 1,000,000 A CLAIMS-MADE [i]OCCUR _emEh �g.,_(E, 100,000 X =0395782 3/6/2077 3/6/2018 MED EXP(An oy no psMg2j S 5,000 PERSONAL&ADV INJURY S 1,000,000 GEN'L AGGREGATE LIMIT APPLIES PER: GENERAL AGGREGATE $ 2,000,000 POLICY El%RT 0 LOC • _PRODUCTS-COMADPAGG $ 2,000,000 OTHER: $ AUTOMOBILE LIABILITY RECEIVED 6 at S :LINT $ ANY AUTO BODILY INJURY(Per person) $ ALLOWNED SCHEDULED _ AUTOS AUTOS BLYINJURY(Per nccldon)� $ HIRED AUTOS NED J V aO AUS (PoLA x n1 $ $ UMBRELLA LIAR OZONINGCCUR 1 LW 01'AWE 4 EACH OCCURRENCE' _$ EXCESS LIAS CLAMS-MADE AGGREGATE $ DED D-RETENTIONS WORKERS COMPENSATION p AND EMPLOYERS'LIABILITY YIN STA7�t ANY PROPRIErOWPARTNERIEXECUTIVE E.L. ACH ACCIDENT B QFFlCGRfMEtdBgREXCLUDED?" NIA d 100,000 (Miurdotory In NF1) 12WBC"4395 4/15/2017 4/15/2018 �•DISEASE_EA FNPl ff OYE S lOb,000 yyoocc,,daecdbu DESCRIPTION under OF OPERATIONS holovl E.L.DtIrFhSE•pQLk1Y UMII S 500 000 DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES(ACORD 101,Additlorml Ronwks Schedub,may 6e athahod B more upwo ID requlrad) Certificate holder is included as additional insured with respect to general liability as per the terms and conditions of form #CG8155 -W Noncontractor'a Additional Insureds Endorsement when required by written contract. CERTIFICATE HOLDER CANCELLATION SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE Town of Southold THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN 53095 Main Road ACCORDANCE Wr H THE POLICY PROVISIONS, PO Boz 1179 Southold, NY 11971 AUTHORIZED REPRESENTATIVE Thomas Dickerson/BJD + -4 .., ®198&2014 ACORD CORPORATION. All rights reserved. ACORD 25(2014/01) The ACORD name and logo are registered merles of ACORD INS0251x114n11 ZONING BOARD OF APPEALS r u #;U ,`; Town Hall Annex, 54375 Route 25 P O. Box 1179 Southold, New York 11971.0959 Fax(631)765-9064 Telephone(631) 765.1809 TOWN OF SOUTHOLD RECEIVED APPLICATION FOR A SPECIAL EVENT �� CHECKLIST Date: ZONING BOARD OF APPEALS Your application is being returned as incomplete for the following reasons: Received less than 60 business days from the proposed event date(Requires written request for expedited review stating reasons) �Appticdtion F (3 pages): Detailed description-of the event: /'Insurance Certificate: Parking Event Plan: - The location(s)and width(s)of all ingress/egress to the winery property The layout for any parking areas for automobiles and other vehicles on the property and proposed additional on-site parking for the event,including the number of parkin spaces and the square foots egs of parking areas The location(s)of adequate on site sanitary facilities The proposed location(s)for any tents(s),vendors,or other temporary structure(s)and the size of each Plan for use of live outdoor music,location of loudspeaker/audio equipment,if applicable Traffic control plan if 300 or more people will attend event:- Information on sale of Development Rights Vendor Information: Other: FAILURE TO SUBMIT THE INFORMATION NOTED HEREIN TO THE ZBA OFFICE WITHIN FIVE(5)BUSINESS DAYS OF THE ABOVE DATE WILL RESULT IN DELAYS IN PROCESSING YOUR APPLICATION AND MAY RESULT IN A DENIAL. (August 2013) O `or : `4& to All' moo', tip - JiICEJbt;dt o J(IV Eic- 10930• 0 O,F—'COAD P/9 ktjl-� LQ ra C o. q i�ecro�fr�� UU x 7S 300e> d Pa�ralle l• IU x /000 10000 2s K (o G& I to ZS0 'i-�Av-li ►1e( 100x 20 1.5000 MAp OF P ROMRTY E lou�-,,L Ik-e Ivo x 1 sv 15 c oU T RAYVEW r bluum)"( 2�X ryv ��kv , r r puval(eL 4UX/NUSLffOLK =VT My S SU IWO - 70 - Of - w I" F � YttLG��hr:lucl�s S�act �'- 2 bases I� hGGP.SSur'�( 'd�M_ 9"f'K Noy.2(1 40- + M)MC SA N.G J y a-x 2002 L� �SP ( Y11 763. a"_ &1 70 P. Q BOA'9" rr _ 2 cSoU VLA 51977 / 9 4., pli 6 i} Eveh f S( e5 pit g� r£ST hmE •,�, o Dw*AV" Fsr fK "= °. ,r.,cmy STA T�``S S'1 SCDHS Ref.# RIO-00-0273 vas .SEPTIC SYSTEM ' god A;EASL NTS A' IB. a ccwpg Sod ro• ARE4ffi 1R Ti d§YC T p �'A P&kN® AsFLOOD IOAS LAE FROM v limY 0 36I03=66 G.NAY 4, 1999 AV mg% tTff,acr wrxrm 6461 rrSBaer ®r• Southold Town Board - Letter Board Meeting of August 1, 2017 RESOLUTION 2017-684 Item# 5.29 111 °'� ADOPTED DOC ID: 13266 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2017-684 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON AUGUST 1, 2017: RESOLVED the Town Board of the Town of Southold hereby sets Tuesday, August 15, 2017 at 4:31 PM at the Southold Town Meeting Hall, 53095 Main Road, Southold,New York as the time and place for a public hearing for the Appeal of the denial to hold a Special Event of The Old Town Farm. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: William P. Ruland, Councilman SECONDER:Jill Doherty, Councilwoman AYES: Dinizio Jr, Ruland, Doherty, Ghosio, Russell ABSENT: Louisa P. Evans Generated August 2, 2017 Page 40 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) ELIZABETH A. NEVILLE, Town Clerk of the Town of Southold,New York being duly sworn, says that on the 8th day of August , 2017, a notice of which the annexed printed notice is a true copy was affixed, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County,New York, to wit: Town Clerk's Bulletin Board, 53095 Main Road, Southold,New York. PH Special Event Appeal—Old Town Farm C�, • V` ,lizabeth A. Neville outhold Town Clerk Sworn before me this 8th day of Augmt , 2017. c<�Iwdcx- My L�&e�2n� Notary Public _ LYNDA M.,RUDDER Notary Public,State of New York No:diRU6020932 Qualified in Suffolk County _Commission Expires-March 8.20LL Rudder, Lynda From: legals <legals@timesreview.com> Sent: Monday, August 07, 2017 9:11 AM To: Rudder, Lynda Subject: Re: Special event appeal old town for publication Good morning, The legal notice has been scheduled to be published in the 8/10 edition of the Suffolk Times. Thank you and have a great day! Best regards, rri m 4 REVIEW Lindsay Denston Assistant Sales Coordinator 631.298.3200 ext. 235 631.354.8032 (direct) 631.298.0410(fax) Ldenston @ timesre view.com www.timesreview.com From: "Rudder, Lynda" <Ivnda.rudder@town.southold.ny.us> Date: Monday, August 7, 2017 8:04 AM To: Lindsay Riemer<legals@timesreview.com>, "Lisa Finn (lisaahfinn@gmail.com)" <lisaahfinn@gmail.com>, "Michaelis, Jessica" <iessicam@southoldtownny.gov>, "Reisenberg, Lloyd" <Lloyd.Reisenberg@town.southold.nv.us>, "Southold Local (denise@southoldlocal.com)" <denise@southoldlocal.com>, "Dinizio,James" <iames.dinizio@town.southold.nv.us>, "Doherty,Jill" <iill.doherty@town.southold.ny.us>, "Doroski, Bonnie" <Bonnie.Doroski@town.southold.ny.us>, "Ghosio, Bob" <bob.ghosio@town.southold.ny.us>, Louisa Evans <lpevans06390@gmail.com>, "Neville, Elizabeth" <E.Nevil le@town.southold.ny.us>, "Noncarrow, Denis" <denisn@southoldtownny.gov>, "Norklun, Stacey" <Stacey.Norklun@town.southold.ny.us>, "Rudder, Lynda" <Ivnda.rudder@town.southold.ny.us>, "Russell, Scott" <scottr@southoldtownny.gov>, "Standish, Lauren" <Lauren.Standish@town.southold.ny.us>, "Tomaszewski, Michelle" <michellet@town.southold.nv.us>,William Ruland <rulandfarm@vahoo.com>, "Duffy, Bill" <billd@southoldtownny.gov>, "Hagan, Damon" <damonh@southoldtownny.gov>, "Silleck, Mary" <marys@southoldtownny.gov> Subject: Special event appeal old town for publication Please publish in the 8/10 edition of the Suffolk Times and the Town website,thank you. 1 LEGAL NOTICE NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIVEN the Town Board of the Town of Southold hereby sets Tuesday, August 15, 2017 at 4:31 PM at the Southold Town Meeting Hall, 53095 Main Road, Southold, New York as the time and place for a public hearing for the Appeal of the denial to hold a Special Event of The Old Town Farm. ]C �C Dated: August 1, 2017 BY ORDER OF THE TOWN BOARD OF THE TOWN OF SOUTHOLD Elizabeth A. Neville Southold Town Clerk Please publish on August 10, 2017 and forward one affidavit of publication to Elizabeth A. Neville, Town Clerk, Town Hall, P 0 Box 1179, Southold,NY 11971. Copies to: The Suffolk Times Town Board Town Attorney TC Bulletin Bd Website The Old Town Farm RECEIVED Dart's Tree Farm 2355 Main Bayview Rd JUL 2 6 2017 Southold, NY 11971 July 26, 2017 SOuthold Town CrIed Town Board Town of Southold Southold, NY 11971 Dear Town Board Members: I am writing to respectfully appeal the ZBA Chairperson's denial of my application for a special event permit for a wedding to be held on September 30, 2017. The Chairperson cited complaints from neighbors after a special event last year as the reason for the reason for denying this application. I do not believe that the special event referred to violated the noise ordinance, and I would like to point out that I received no violations as a result of the event. I would also like to note that the noise ordinance does not apply to special events and that there were no special conditions in the permit granted regarding noise. The application that was denied complies in every way with the requirements for a special event permit. As part of the event,the party holding the wedding has agreed to purchase seedling Christmas Trees that are grown on the farm as gifts for attendees. This demonstrates a nexus between the special event and the farm operation, that although is not set forth in the code, is a requirement of the ZBA Chairperson. I respectfully request that the Town Board schedule this appeal as soon as possible as the wedding is scheduled for September 30th. R Dart's Tree Farm Neville, Elizabeth From: Neville, Elizabeth Sent: Wednesday,July 26, 2017 11:49 AM To: lA/aicman I aclia Subject: Emailing:Appeal from Dart's Tree_20170726101845 Attachments: AReal frnm Dart's Trap 2=2-6-10184542d Leslie, Another Appeal to the Special Events Denial. Was this denied the same time as the Harbor Front Brewery? If so, wouldn't they bE gXgLLbg1gDJAQLday W10oui to appea 7 Betty Elizabeth A. Neville, MMC Southold Town Clerk, Registrar of Vital Statistics Records Management Officer; FOIL Officer Marriage Officer PO Box 1179 Southold, NY 11971 Tel. 631765-1800, Ext. 228 Fax 631765-6145 Cell 631466-6064 Appeal from Dart's Tree 20170726101845 Note:To protect against computer viruses, e-mail programs may prevent sending or receiving certain types of file attachments. Check your e-mail security settings to determine how attachments are handled. 1 r-3 l,C�Lo I u7 Postage $ rl Certlfied Fee E3 Return Receipt Fee ' Postmark O (Endorsement Reqwred) o Here j C3 Restricted Delivery Fee C1 (Endorsement Required) � 0 Total Postage&Fees $ Q� Se t To fie_ (� e, = •--- l- gid._ i Street,Apt IVo• ---�--• .._.__. --- or PO BoxNo� : ____ r- ------ ---`y) .�� u) I i ' M Complete items 1,2,and 3. " A. Sign Z Print your name and address on the reverse X ❑Agent so that we can return the card to you. ❑ ddressee l ■ Attach this card to the back of the mailpiece, B. Received b rioted Name) a el' ery j j or on the front if space permits, 1 1. Article Addressed to: D. Is delivery address different-from item Yes i LLC. If YES,enter delivery address below: No x355 NXGAY-A Socr-L-�,nict ru`� 119-71 3. Service TypeII 11Priority Mail Express®I IIIIII IIII II I I II I III I II I II I III II I I II i I II I II 0 Adult Signature El Registered MailT"� ❑Adult Signature Restricted Delivery ❑Registered Mad Restricted 9590 9402 2663 6336 3039 40 !&Certified Mail® Delivery ❑Certified Mail Restricted Delivery E3 Return Receipt for El Collect on Delivery Merchandise 2• Article-N_u_mber_(Transfer from_se vice/abe/)___ El Collect on Delivery Restricted Delivery ElSignature ConfinnatlonTM Insured Mail q Signature Confirmation Insured Mail Restricted pelivery Restricted Delivery l ,over$500) Domestic Return Receipt