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HomeMy WebLinkAbout6388 -Nav b-es�LLG 5 � Ave 15 t7 Sou ect. c o�evv4e, a U&o�- Q ✓w a ye «' � IdlvJ 0.s -Izov� a2 �O- !3. rropos�t prh,-f�iGIe�, SK Gh�cQUI-e rDP" lS -(c4 o a-ce s , 8 u 5 P ), 0340 acv,e.9 (45 , OLV sck-r+- , �Oyl aL-go- 10 > �pP . I " 18.1 Sound Ave. 120 Matt_ 3 Fred Jens 4&5 0 43-13-1 .5/19/83- variance to amond-viola ion o.f....exces dve.._sales. 6/7/85 Tending filed (83) BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson SO 53095 Main Road •P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard R Goehringer Town Annex/First Floor,Capital One Bank George Horning • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider ��yCOWN Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 ` FINDINGS,DELIBERATIONS AND DETERMINATION M A 2 3 2011 MEETING OF MAY 18,2011 ZBA FILE: 6388 NAME OF APPLICANT: Regina's Garden LLC(Edward and Monica Harbes) PROPERTY LOCATION: 1150 Sound Ave.,Mattituck,NY SCTM#1000-120-03-05 SEORA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 29, 2010 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: Subject property is 1.0340 acres and improved with a two story framed house, one story framed building and several greenhouses. It has 200.00 feet of frontage on Sound Avenue,229.76 feet along the east property line, 300.00 feet along the south property line and 245.08 feet on the west property line as shown on the survey prepared by Young&Young dated August 3, 2005. BASIS OF APPLICATION: Request for Variance from Code Sections 280-13 and 280-14,based on an application for building permit to operate a farm office in a non conforming building, and the Building Inspector's March 10,2010,Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted and exceeds the code permitted number of uses per the Bulk schedule. RELIEF REQUESTED: The applicant requests relief from the Notice of Disapproval dated March 3, 2010 that indicates that this proposed second use of the existing nonconforming agriculture structure as a farm office is not permitted pursuant to the Code, as the Code requires 80,000 square feet per permitted use in this AC Zone. The subject parcel is 45,041 square feet and presently has an established residential use. Therefore the subject parcel has a lot area deficit of 34,959 square feet for one use and a lot area deficit of 114,959 square feet for two uses (residential and agricultural). ADDITIONAL INFORMATION: The subject parcel has a two story frame dwelling as a residential use presently occupied by an employee of the Harbes agricultural business. The subject parcel also has multiple existing agricultural structures including the subject existing agricultural structure. The parcel existed in the past with two uses,residential and agricultural prior to the transfer of the property to the applicant in 2006.The subject parcel i y Page 2—May 18,2011 ZBA File#6388—Regina's Garden CTM: 1000-120-3-5 adjoins a 13.9 acre parcel which the applicant leases, from a family member, for his agriculture business. The applicant submitted an affidavit confirming this arrangement dated March 4, 2011. The applicant also owns other I agricultural properties across the street from the subject parcel where he also performs his agriculture business. The I applicant proposes to use the subject agricultural structure as a farm office to support his local agricultural business,which includes the 13.9 acres adjacent to the subject property. The applicant has produced and will annex to the subject parcel covenants and restrictions, approved by the ZBA, that will restrict the use of the subject parcel and its structures to the applicant's continued use of the adjacent 13.9 acres for agriculture. The Planning Board, in a Memorandum dated May 3, 2010, replied to the ZBA's request for comments on the subject application. The Planning Board stated that it "has no objection to the requested variance relief requested on the basis the building is existing, not changing in size and appropriate for the overall use of the site and building."The proposed farm office use requires site plan review by the Planning Board. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application July 29,2010, September 23, 2010, December 2,2010 and February 3,2011 at which time written and oral evidence were presented. Based upon all testimony, documentation,personal inspection of the property, and other evidence,the Zoning Board finds the i following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3)(b)(1). Granting of the requested variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. There are-no proposed additions or alterations to the existing and pre-existing structures on the subject parcel that may produce an undesirable change in the character of the neighborhood. The proposed farm office is tied into the adjacent farm operation and would be in keeping with the nature and character of the neighborhood. 2. Town Law 4267-b(3)(b)(2). The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant does not own the adjoining 13.9 acre parcel to the south, which ownership would allow the applicant to merge these parcels and subsequently then acquiring the Code required square footage to support an additional permitted use. The applicant also does not have another structure as suitable in size and having such a convenient,easily accessible and central location for a farm office. 3. Town Law 4267-b(3)(b)(3). The variance granted herein is substantial with respect to the present Code, however structures on this subject parcel have existed for 40 years and the parcel and uses thereon originally conformed to the Zoning requirements. The office is not open to the public. 4. Town Law 4267-b(3)(b)(4) No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The use of the agricultural structure as a farm office is minimal and supports a use that has not adversely impacted the neighborhood. The proposed farm office is tied into the adjacent farm operation. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created. The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase 6. Town Law �267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of an agricultural use of a farm office in an existing structure on a nonconforming parcel while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. I I I Page 3—May 18,2011 ZBA File#6388—Regina's Garden CTM: 1000-120-3-5 RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-13, motion was offered by Member Schneider, seconded by Member Goehringer, and duly carried,to I GRANT,the variance as applied for, and shown on the plans dated stamped April 2, 2010 received by the Zoning Board of Appeals labeled Harbes Farm South— Elevations and Harbes Farm South —Interior Plan 1 story frame building. Conditions: i 1. The relief granted is contingent to the proper recording of the Covenants and Restrictions approved by the ZBA. i That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued. Any deviation from the survey,site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit,and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps,are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code,other than such uses, setbacks and other features as are expressly addressed in this action. I The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes:Members Weisman (Chairperson), Horning, Goehringer, Dinizio, Schneider. Th Res tion was duly adop d(5-0). Les fie Kanes Weisman, Chairperson Approved for filing S /� /2011 I: I - f I I Young & Young 400 Ostrander Avenue, Riverhead, New York 11901 j 631-727-2303 � 'Howard W. Young, Land Surveyor Thomas C. Wolpert, Professional Engineer £ Robert C. Tast, Architect Ronald E. Pfuhl, Landscape Architect Douglas E. Adams, Professional Engineer W E f j I I i FS b I+ { APR 2 2010 8 F 0A'g0 OPAPpEALS • ���a I SOUND AVENUE EDGE QP PAVEMENT UTILITY STOW PARKING �R, P�� STOIC PQIuP 5 - N55°14'50"E 11 CI A4' GAP_ $PT s 58ci°53'00"E 180.06' irl sos NOTE 00-00' Iq a4' , N5cI oo"w 5061.01 — TOTAL AREA = 1.5715 ACRES t ►+o°DP f! - � TAX LOT 4 AREA = 0.5435 ACRES k - TAX LOT 5 AREA = 1.0340 ACRES PD ko 250 RY O PcNG� i I`RA1+tG p A• STOG�e .T Y b I ZSp, N r Me .o' ss' 52_.0' �o �i Q° A' ypOD ARBOR Hou%' ;A O b i O Ua.5,.0 -A.'�- 3 e.o' aoA' tz. -1 9 ip g �- ��j' r a 40' LAIAT o _- M N 7 g # - ? •- b -G��rls'- w cu may t• t N _ �pARso+� la.a'- `y` - - - - Q _ . . +.- - �_-.... • WE HEREBY G>=RTIFY TO EDWARD HARBES, FIRSTa 10O cow"PAP PIONEER FARM CREDIT & LANDAMERICA O PeNG sK*K COMMONWEALTH TITLE COMPANY (TITLE NO N < ° O .n � PATIO RD - ,K u g�0 O RHO 5 3 O 3 41 2) THAT THIS SURVEY WAS PREPARED IN g s u aA �L� �' ACCORDANCE WITH THE CODE OF PRACTICE FOR LAND nw o sa' a r.o' ys, `• I� �O �p SURVEYS ADOPTED BY THE NEW YORK STATE ASSOCIATION OF �� N� o 22z, + QN N S I PROFESSIONAL LAND SURVEYORS. & NE HOWARD K YOUNG, N.Y.S. L.S. NO. 458415 Q 9 CS 50 o, • 44.6' , SURVEY FOR � .► 200.00 loo.00' At Sound Avenue, Town of Southold I \ former►y I Suffolk County, New York n DR I ow Or May D. Horbo$ kap \ ! 1000 120 05 4 -- County Tox Mop District 1000 section 120 9lock 03 Lot 5 TITLE SURVEY O I SURVEY MAP COMPLETED AUG. 5, 2005 9lahlah 9 FIELD SURVEY COMPLETED DULY 21, 2005 j 1 SCALE I200 moo-TNT T5 JOE E (�a �4NT 9ET- � •MtONiJMtENT FOUNp �_@TAK€SEF .a 9TAK�PQUN� ®a Pipe- UN POD G•GNIMNe'r RO a ROOF OVER $a yTOOP GE•GELL.AR E;NTIWNGE 6 JOB NO. 2005-0224 DWG. 2005-0224_to • r HARBES FARM SOUTH - EL-EVATIONS SCALE. 1/4" = IV' (1:48) RECEIVE® APR 2 ZM BOARD OF APPEALS 0 WED BY ZaMAP 0 1p SEE _.EC I D�TEp 0 WEST ELEVATION JIL NORTH ELEVATION 39.9' RECEVE® APR 2 2010 BOARD ON Z DD FINAL MAP m � EETIN ROOM REVIEWED BY ZB U ❑ SEE DECI Olv- C 3 II [DATED �3 r z Q C .81 I FARM OFFICE - 0 Z `° �11 M = O BA rHROOM STORAGE o --------------r ------------- ZE UTIL.IT* CLOSET CLOSET 15.9' 32' NORTH 47.9' SCALE- 1/4" = 1 W (I:48) RECEIVED CHARLES R.CUDDY JUL 2 5 2011 ATTORNEY AT LAW BOARD OF APPEALS 445 GRIFFING AVENUE RIVERHEAD,NEW YORK (p3 2<8, Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 E-mail: charles.cuddy@verizon.net July 21, 2011 Zoning Board of Appeals Town of Southold PO Box 1179 Southold, NY 11971 Attn: Vicki Toth Re: Edward Harbes and Regina' s Garden, LLC SCTM#1000-120-3-5 Dear Ms . Toth: Enclosed is a certified copy of the Declaration of Covenants of Regina' s Garden, LLC (H.arbes) as recorded with the Suffolk County clerk on July 19, 2001 . Please make it part of the Zoning Board file. Very >truly yours, Charles R. Cuddy CRC/ik Enc. ¢ CC# : Cl l-26540 t ftp RECEZVED COUNTY CLERK'S OFFICE JUL 2 5 Z011 STATE OF NEW YORK COUNTY OF SUFFOLK 80AR®OFAPPEALS I, JUDITH A. PASCALE, Clerk of the County of Suffolk and the Court of Record thereof do hereby certify that I have compared the annexed with the original DECLARATION recorded in my office on 07/19/2011 under Liber D00012665 and Page 915 and, that the same is a true copy thereof, and of the whole of such original. In Testimony Whereof, I have hereunto set my hand and affixed the seal of said County and Court this 07/19/2011 SUFFOLK COUNTY CLERK JUDITH A.PASCALE SEAT, REC'EaVED JUL 2 cD 2011 304RD OF APPEAL I IIIIIII IIII IIIII IIIII IIIII IIIII IIIII IIIII IIIII IIII IIII . IIIIIIIIIIIIIIIIIIIIIIIII SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DECLARATION Recorded: 07/19/2011 Number of Pages : 4 _ At: 03 :51:15 PM Receipt Number : 11-0080494 LIBER: D00012665 PAGE : 915 District: Section: Block: Lot: 1000 120 .00 03 . 00 005.000 EXAMINED AND CHARGED AS FOLLOWS Received the Following Fees For Above Instrument Exempt Exempt Page/Filing $20 .00 NO Handling $20 . 00 NO COE $5 .00 NO NYS SRCHG $15 . 00 NO TP-584 $0 . 00 NO Notation $0 .00 NO Cert.Copies $5 .00 NO RPT $30 . 00 NO Fees Paid $95.00 THIS PAGE IS A PART OF THE INSTRUMENT -THIS IS NOT A BILL JUDITH A. PASCALE County Clerk, Suffolk County RFCXIVED a a JUL 2 5 2011 �A�RD®F APPEALS Number of pages RFL'r�R-2 2011 Jul 19 03:5- o'`� F'11 _1i_DITH A. PASCALS This document will be public CLERK OF record.Please remove all UFFOLK i_t iO4TYL D 0012665 Social Security Numbers P 915 prior to recording. Deed/Mortgage Instrument Deed/Mortgage Tax Stamp Recording/Filing Stamps 3 FEES Page/Filing Fee Mortgage Amt. 1. Basic Tax Handling 20. 00 2. Additional Tax TP-584 Sub Total Notation Spec./Assit. or EA-52 17(County) Sub Total _ Spec./Add. EA-5217(State) TOT.MTG.TAX Dual Town Dual County R.P.T.S.A. � � Held for Appointment Comm.of Ed. 5. 00 ' Transfer Tax Affidavit * �+ Mansion Tax Certified Copy The property covered by this mortgage is or will be improved by a one or two NYS Surcharge 15. 00 family dwelling only. Sub Total YES or NO Other _ Grand Total / If NO, see appropriate tax clause on page# of this instrument. 4 Dist. 1000 12000 0300 005000 00 5 Community Preservation Fund Real Propei P T S Consideration Amount $ Tax Service R LPA A Agency 19-1UL-11 CPF Tax Due $ Verificatioi ( --- Improved 6 Satisfactions/Discharges%Releases List Property Owners Mailing Address RECORD&RETURN TO: Vacant Land TD Charles R. Cuddy,Esq. PO Box 1547 TD Riverhead,NY 11901 TD Mail to: Judith A. Pascale, Suffolk County Clerk 7 Title Company Information 310 Center Drive, Riverhead, NY 11901 Co.Name www.suffolkcountyny.gov/clerk Title# 81 Suffolk County Recording & Endorsement Page This page forms part of the attached Declaration of Covenants made by. (SPECIFY TYPE OF INSTRUMENT) Regina's Garden, LLC The premises herein is situated in SUFFOLK COUNTY,NEW YORK. TO In the TOWN of Southold Town of Southold In the VILLAGE or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. over nEcg1VE® DECLARATION OF COVENANTS AL 5 Z011 13®ARD OF APPEALS THIS DECLARATION made this d�S day of 12011, by Regina's Garden LLC, a New York Limited Liability Company with an office ocated at 715 Hallock Lane, Mattituck,New York 11952, hereinafter referred to as "DECLARANT" WITNESSETH: WHEREAS, DECLARANT is the owner of certain real property located at Sound Avenue, Mattituck; Town of Southold, County of Suffolk, State of New York, described in the Suffolk County Tax Map as District 1000, Section 120, Block.3, Lot 5 which is more particularly bounded and described as set forth in Schedule "A" annexed hereto,hereinafter referred to as the Premises; WHEREAS, for and in consideration of granting approval for two farm related uses on a 1.1 acre lot(the Premises,), the Zoning Board of Appeals of the Town of Southold has deemed it to be for the best interests of the Town of Southold,the owners and prospective owners of said lot that the within covenants and restrictions be imposed on said lot, and that said Zoning Board of Appeals has required that the within Declaration be recorded in the Suffolk County Clerk's Office; and WHEREAS, the Declarant has considered the foregoing and has determined that same will be in the best interests of the Declarant and subsequent owners of said lot; NOW,THEREFORE,THIS DECLARATION WITNESSETH : That the Declarant for the purpose of carrying out the intentions above expressed, does hereby make known, admit,publish, covenant, and agree that the Property shall hereafter be subject to the following covenants and restrictions as herein cited, which shall run with the land and shall be binding upon.all purchasers and holders of said premises, their heirs, executors, legal representatives, distributes, successors and assigns,to wit: 1. The described lot referred to as the Premises, includes two uses which support the adjoining farms, a dwelling and a 1,200 sq.ft. structure attached to greenhouses, which structure is to be restricted to use as a farm office for such purposes as bookkeeping, marketing,personnel, management and managerial meetings, subject to these covenants and restrictions. 2. The farm office shall be used solely as an office to service the.surrounding farms land south of Sound Avenue and not as a general office or for any other purpose Page -1- P.ECEIVED which is not related to farming operations on the surrounding tracts of land JUL 2 5 2011 . (SCTM#1000-120-03-11.10; 1000-120-3-11.9; 1000-120-3-11.8; 1000-120-3- 11.11; 1000-120-3-2). In the event the Declarant, its member(principal) or member APPEAL member of the principal's family no longer leases or has an ownership interest in the aforementioned properties,the use of the structure as a farm office shall cease. 3. Concomitantly,the dwelling at the described Premises shall be used as a single family dwelling in connection with the farm use of the surrounding land and shall be.occupied by the principal of Declarant, a member of the principal's family or an employee of Regina's Garden, LLC.or its principal who is engaged in the farm operation. 4. The farm office and dwelling relative to farming the surrounding land are connected uses and failure of the owner of the Premises to adhere to both uses or those uses otherwise permitted by the Southold Town Code shall be a breach of this Declaration and permit the Town of Southold to employ any enforcement remedy available for a violation of the Southold Town Code Chapter entitled "Zoning." 5. In the event the Premises is sold or transferred to any party not engaged in farming the surrounding tracts of land then the dwelling and the farm office structure at the Premises may be used only in accordance with the applicable provisions of the Southold Town Code. IN WITNESS WHEREOF,the Declarant above named has executed the foregoing Declaration the day and year first above written. Regina's Garden LLC By- STATE-OF NEW YORK) SS.: COUNTY OF SUFFOLK) On th6,'S day of AAA in the year 2011 before me,the undersigned, personally appeared, �.0,y �persona�ly known to me or proved to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument,the individual or the person upon behalf of which the individual acted,executed the instrument. } Notary Public MEIME V.ORM �Mk aw b. of Yak 19 Page-2- 'Quawitsufteam �Io�n 4a.A �13 RECEIVED '• SCHEDULE A JUL 2 5 2011 4r t BARD OF APPEALS ALL that certain plot,piece or parcel of land, with the buildings and improvements thereon erected, situate, lying and being on the.southerly side of Sound Avenue, Mattituck, Town of Southold, Suffolk County,New York, bounded and described as follows: BEGINNING at an iron pipe set on the southerly line of Sound Avenue 509 feet more or less westerly along said line from the westerly line of Aldrich Lane and being the northeasterly corner of land now or formerly of Harbes Farm RHD East, LLC; RUNNING THENCE along the southerly line of Sound Avenue the following two courses and distances: 1.North 88 degrees 14 minutes 50 seconds East 19.94 feet to a point; 2. South 89 degrees 53 minutes and 00 seconds East 180.06 feet; THENCE along land now or formerly of Gail Dessimoz and Michael Racz South 21 degrees 33 minutes 20 seconds East 229.76 feet to land now or formerly of May D. Harbes; THENCE along last described land South 85 degrees 17 minutes 50 seconds West 200 feet to a monument at the southeasterly.corner of said land now or formerly Harbes Farm RHD East, LLC; THENCE along the last described land North 20 degrees 18 minutes 40 seconds West 245.08 feet to the point or place of BEGINNING. r MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 MAP,TI hH.SIDOR air �0� so Southold,Southold,NY 11971 L OFFICE LOCATION: ` �Q\` WILLIAM J.CREMERS � Town Hall Annex p'` KENNETH L.EDWARDS G Q 54375 State Route 25 JOSEPH L.TOWNSEND �` DONALD J.WILCENSKI ���. (cor.Main Youngs Ave.) �'DU�,� Soutut holl d,NY Telephone: 631 765-1938 Fast: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED MAY ® 6 2010 MEMORANDUM BARD OF APPEALS (O3 9 To: Leslie Weisman , ZBA Chairperson Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair Members of the Planning Board Date May 3, 2010 Re: Request for Comments for Edward Harbes for Regina's Garden SCTM#1000-120-3-5 ZBA#6388 The Planning Board received your request for comments regarding the above referenced application in connection with a site plan application under the name Edward Harbes for Regina's Garden. The site plan is to convert an existing building formerly used a retail flower shop approximately 1,400 sf to an office in connection to the farm use on just over an acre of property in the AC zoning District. The application has been reviewed for site development and the following comments are for the Zoning:Board's consideration: 1. The site has been previously developed having existing farm building located on site. 2. The building subject of this application is approximately 1,400 s.f. and is not changing in size. The use being proposed is for an office as part of the overall agricultural use of the site. 3. The proposed use a farm office is tied into the surrounding farm operation and would be in keeping with the nature and character of the area 4. The proposed farm office is considered a less intense use to that of a retail flower shop. The office is not open to the public having only 2 employees however a conference room is considered. 5. As part of the site plan review, on site parking will need to be reviewed and considered as part of the overall site plan. 1 off► RECEIV s � O MAY 0 6 2010 3� ZBA# 6388 Page 2 BOARD OF AppEAMay 3 2010 Based on the above reasons, the Planning Board has no objection to the requested variance relief requested on the basis the building is existing,not changing in size and appropriate for the overall use of the site and building. If you should have any questions or require additional information, please do not hesitate to contact the Planning Office. 2 Xt COUNTY OF SUFFOLK 'J STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES,A.I.C.P DEPARTMENT OF PLANNING DIRECTOR OF PLANNING April 29, 2010 Town of Southold ZBA PO Box 1179 Southold,NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code,the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Moy, Sim(c/o Shawn Barron) #6383 Gonzales, Joseph #6384 Abele, John #6386 Greene, Andrew #6387 Regina's Garden(c/o Edward Harbes) ' #6388 Wren, Maryl. #6389 Pappas, Jennie #6390 Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner TRK:ds LOCATION MAILING ADDRESS H.LEE DENNISON BLDG.-4TH FLOOR P.O.BOX 6100 (631)853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE,NY 11788-0099 TELECOPIER(631)853-4044 jz. TOWN OF SOUTHOLD FORM NO. 3 t w S NOTICE OF DIS OVAL (C G-V`F`"s VW DATE: 03/10/10 TO: Edward Harbes for 4 `�3 - �. Ves } Regina s Garden LLC P O Box 1524 Mattituck, NY 11952 j p-D '/ \ Please take notice that your application dated February 24, 2010 /�. /o For permit to operate a nonconforming building as a Farm Office at Location of property: 1150 Sound Ave., Mattituck, NY 11952 County Tax Map No. 1000- Section 120 Block 3 Lot 5 Is returned herewith and disapproved on the following grounds: The proposed use on this parcel in the AC Zone is not permitted pursuant to Article III Section 280-13. Also, this proposed second use on this nonconforming parcel in the AC Zone is not permitted pursuant to Article III, Section 280-14, the Bulk Schedule, one use per 80,000 Sq. Ft. is allowed. The property is 1.0340 acres (45,041 sq.ft.). Pursuant to Article XXIV, Section 280-127, Site Plan approval from the Southold Town Planning Board is required. ;Y�✓��-erg-C�� Authorized Signature CC: file, ZBA Planning Bd. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIPHNG AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)3669-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY11901 January 20, 2011 E-mail: charles.cuddy@verizon.net RECEIVED JAN 21 201foS Zoning Board of Appeals Town of Southold BOARD OF APPEALS PO Box 1179 Southold, NY 11971 Attn: Vicki Toth RE: Edward Harbes and Regina' s Garden, LLC SCTM#1000-120-3-5 Dear Ms.Toth: In accordance with discussion at my meeting with Leslie Weisman, Chairperson, Michael Verity and Jennifer Andaloro, I'm enclosing a revised` application. This recognizes that the variance requested is an area variance. We ask that you include this application with the area variance reasons as part of the overall application in this file. Very? truly yours, f arles R. Cu - y CRC: ik Enclosure RECEIVE��j �� Fee:$ Filed By: Assignment No. [/ 11 APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. 1150 Street Sound Ave. Hamlet Mattj�QARD OF APPEALS SCTM 1000 Section 12j Block_3_Lot(s) 5 Lot Size 1.1 Zone AC I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED n S/1.0/10 BASED ON SURVEY/SITE PLAN DATED Applicant(s)/Owner(s): Regina's GArden Mailing Address: PO Box 1524, Mattituck, NY 11952 Telephone: Fax: Email: NOTE:In addition to the above,please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc.and name of person who agent represents: Name of Representative: Charles R.Cuddy forNOwne[]Other: Address: 445 Griffins Avenue, Riverhead, NY 11901 Telephone: 369-8200 Fax: 369-9080 Email: charles.cuddy@verizon.net Fl Please check to specify who you ish correspondence to be mailed to,fro a above names: Applicant/Owner(s), I X lAuthorized Representative, Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED. and DENIED AN APPLICATION DATED 02/24/10 FOR: Building Permit Certificate of Occupancy ( )Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction X Other: Permit to operate Farm Office Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: ''-i1 Section: 280-14 Subsection: Rulk Schedule Type of Appeal. An Appeal is made for: ®A Variance to the Zoning Code or Zoning Map. A Variance due to lack of access required by New York Town Law-Section 280-A. Interpretation of the Town Code,Article Section Reversal or Other A prior appeal El has,El has not been made at any time with respect to this property, UNDER Appeal No(s). Year(s). . (Please be sure to research before completing this question or call our office for assistance) Name of'Owner:- , . Tile tt (,),30 REASONS FOR APPEAL(additional`sheets may be usedwith prepaker's s anature):. AREA: VARIANCE REASONS: (1) An undesirable. change will not be produced in the "CIYARACTER of the neighborhood or a detriment to:nearby properties if granted,'because: The existing building has had a use more intense than now proposed; The farm character of the area will remain. (2), The. benefit sought by the applicant CANNOT be achieved: by some. method feasible for "the applicant to pursue,other than an area variance,because: Applicant does not have another building as suitable and convenient for a farm office. (3) The:amount of relief requested,is not substantial.because: The buildings have existed on this aame<: lot for 40 years; the lot and uses originally conformed to zoning requirements. 0) The variance.will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district'because: The use is minimal and continues a use that has not adversely impacted the neighborhood. (.5). Has the alleged difficulty been self-.created? Yes,or DNo.. Are there Covenants and Restrictions-concerning this land: F]No: Yes(please tarnish cop)). This i.s the 1VIINIMIJN.1 that:is.necessary and adequate, and at the same time.preserve and.protect the character.of the,neighborhood and the,he,alth,safety,and welfare.of the community. Check this box 0 IF A USE' VARIANCE IS B17ING RF.-!2U STED,,AND.PLEASE COYIPLE1'E 7IIE ATIt1CHED USE VARIANCE SIME,T. (Please he sure to consult your atto.ne ) Signature of Appellant or Authorized .Agent (Agent rust submit written Authorization from Owner) to efore the this stay of g '�I'X 20 �. _aG Notary Public CHARLS R. UDDY Notary Publ cE S ate of New York N o.5872225 Qualified Commission Exp Suffolk i es Decembe County1,20!-I� APPLICATIOl )THE SOUTHOLD TOWN BOARD APPEALS For Office Use Only REMEIVED Fee:$ Filed By: Date Assigned/Assignment No. 6� Office Notes: APR 2 2010 ARD F APPEALS House No.�1�Street Hamlet SCTM 1000 Section 1 O y Block 1�jLot(s) `TD 6 Lot Size Zone I(WE)APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED 31 1 d f o BASED ON MAP DATED , o Av q- •3� ZOd Applicant(s)/Owner(s): MailingAddress: Telephone: '`T1 ''b � ax#: 07 I Email: ( � 7K-J•�� o?ob C4 A4 Ste: ao N4 NOTE: In addition to thCabove,please complete ow if application is signed by applicant's attorney,agent,architect,builder,contract vendee,etc.and name of person who agent represents: _ Name of Representative: — for(/)OWner, or ( ) Other: Agent's Address:_T®, ft I O i Telephone _ _ —Fax#: Pl72Applicant/Owner(s),or check box to specify who you wish correspondence to be mailed to,from the above names: .❑Authorized Representative, or ❑ Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED MAP DATED ' �O and DENIED AN APPLICATION DATED 3 ±v*!L9 FOR: ❑Building Permit ❑ Certificate of Occupancy ❑Pre-Certificate of Occupancy ❑ Change of Use ❑Permit for As-Built Construction ®Other: n a -, el Arm 0(picr Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article � Section 280- 13 Subsection Type of Appeal. An Appeal is made for: ®A Variance to the Zoning Code or Zoning Map. ❑A Variance due to lack of access required by New York Town Law-Section 280-A. ❑Interpretation of the Town Code,Article Section ❑Reversal or Other A prior appeal❑has, V3 has not been made at any time with respect to this property,UNDER Appeal No. Year (Please be sure to research before completing this question or call our office for assistance.) Name of Owner: Zl 'ile# RECEIVED REASONS FOR APPEAL(additional sheets may be used with preparer's signature): APR 2 2010 AREA VARIANCE REASONS. 13®ARD OF APPEALS (1) An undesirable change will not be' produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted,because: AL 4 (2) The benefit sought by the applicant. CANNOT be achieved by some method feasible for the applicant to pursue,other than an area variance,because: (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: 7 , (5) Has the a alleged difficulty been self-created? ( )Yes,or (oNo. 114167-9--1-4 Are there Covenants ana Restrictions concerning this land: /C No. D Yes(please furnish copy). This is the MINIMUM that is.necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health,safety,and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: (Please be s re to consult your attorney.) Signature of Appellant or Authorized Agent (Agent must submit written Authorization from Owner) S orn to efor this d of 2 �. �� I l " 40 SUSAN PISANO otary Public NOTARY PUBLIC-STATE OF NEW YORK NO.01ST5046833 QUALIFIED IN SUFFOLK COUN COMMISSION EXPIRES JULY 17.1 06/21/2010 08:56 6317659064 ZONINGBDOFAPPEALS PAGE 01/01 - Page 3 ?j D Application by: + x%`�"�``4_;? G 4-C Assigned Application No. Office Notes: RECEIVED 2 12010 BOARD OF APPEALS Part B: REASONS FOR USE VARIANCE rf regMestecu.. For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return for each and every permitted use under the zoning regulations for the particular district where the property Is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN bec : (describe, a separatehee) /Z4t_"� � 2. The allegead hardship relating to�the property is unique because: 3. The alleged hardship does not apply to a substantial,portion of the district or neighborhood because: 4. The request will n t alter theessential character of the neighborhood because: C x4o 5, The alleged hardship has not be in self-created because; � J 6. This is the minimum relief necessary, while at the same time preserving and protecting the character of the neighborhood, and,the health, safety and welfare of the community. (Please explain n a separate sheet If necessary.) f`1 e� �P 0� ('JC?S 7. The spirit of the ordinance will be observed, public safety and welfare will be secured, and substantial justice will be done because:, (Please explain on a separate sheet it necessary.) h o 1"'e ) et L e (/ eck this -Fox and complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult,your attorney.) Otherwise lease roceed to the signature and notary area be ow• Signature of Appel or Agent Sworn to befre me this o (Agent must subm AuthorizQtion from Owner) (Notary Public) ZAA App 9/30/02 VICKI TOTH Notary Public State of New York No.01T06190696 Qualified in Suffolk County. Commission Expires July 28,2701 Z RECEIVED APPLICANT'S PROJECT DESCRIPTION APR 2 2010 (For ZBA Reference) Applicant: IVV d N 1 C� ,� � Date Prepared: fC) BOARD OF APPEALS I.For Demolition of Existing Building Areas Please describe areas being removed: WA- IL New Construction Areas(New Dwelling or New Additions/Extensions): Dimensions of first floor extension: All A Dimensions of new second floor: Dimensions of floor above second level: Height(from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes,please provide height(above ground) measured from natural existing grade to first floor: III. Proposed Construction Description(Alterations or Structural Changes) (attach extra sheet if necessary)- Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: see 7kf a e,/h L d IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your properly: Proposed increase of building coverage: ,A/JA- Square footage of your lot: J, 10311 aarc s Percentage of coverage of your lot by building area: V. Purpose of New.Construction: N/A VI. Please describe the land contours(flat,slope%,heavily wooded,marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Fla F Please submit seven(7)photos,labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 (DECEIVE® APR 2 2010 QUESTIONNAIRE 03 Y 9 BOARD OF APPEALS FOR FILING WITH YOUR Z.B.A.APPLICATION A. Is the subject premises listed on the real estate market for sale? ❑Yes C-lo B. Are there any proposals to change or alter land contours? l No ❑Yes,please explain on attached sheet. C. 1)Are there areas that contain sand or wetland grasses? //0 2)Are these areas shown on the map submitted with this application? 3)Is the property bulkheaded between the wetlands area and the upland building area? ;,N/A 4)If your property contains wetlands or pond areas,have you contacted the office of the Town Trustees for its determination of jurisdiction? Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved map. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? A)V E. Are there any patios,concrete barriers,bulkheads or fences that exist and are not shown on the survey map that you are submitting? (Please show area of these structures on a diagram if any exist. Or state"none"on the above line, if applicable.) F. Do you have any construction taking place at this time concerning your premises? Ye If yes,please submit a copy of your building permit and map as approved by the Building Department and describe: G. Do you or any co-owner also own other land close to this parcel? Y O If yes, please label the proximity of your lands on your map with this application. H. Please list present use or operations conducted at this parcel /�i i�cn�t It 9 r�"a;i l Lrd 1/ bv;IJ.,t, yULNn i- and proposed use s v6-cc yv�'t d w o nvtrFr d Zr�,., FCi'Cee < (� (examples:!existing: sin le amily; proposed: same with garage or pool,or other description.) Authorized Signature and Date 2/05; 1/07 PROJECT J.D.NUMBER . RECEZVED 617.21 SEQR APR 2 Z 010 Appendix C r3 State Environmental Quality Review ®q�®OP�PP�q�� SHORT ENVIRONMENTAL ASSESSMENT FORM 3 For UNLISTED ACTIONS Only PART I—Project Information(To be complete by Applicant or Project sponsor) 1.Applicant/Sponsor 2.Project Name 3.Project location: Municipality County L . W4�--rn-ruc_,v— d.Precise location(Street address and road intersections,prominent landmarks,etc.or provide map) 5.Is proposed action: ( )NEW ( )EXPANSION ( )MODIFICATION/ALTERATION 6.Describe project briefly: ~ 5.ec.o14 VS.IC 01'\ pr'vnt!� SvtiR (ter CO t,. �ct�vo�-� l(oa UUD _ J II Q 7.Amount of land affected: Iniiially: 1,03 acres; Ultimately: acres c�<«s f, 0 32 etc"c,s S.Will proposed action comply with existing or other existing land use restrictions.*K)YES ( )NO If No,describe briefly: 9.What is present land use in vicinity of project:(describe): ( )Residential ( )Industrial ( )Commercial )Agricultural ( )Park•/Forest/Open Space ( )Other 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)and permit/approvals: II r l 11.Does any aspect of the action have a currently valid permit or approval. ( )YES (>()NO If Yes,list agency(s)and permit/approvals: 12.As a result of proposed action,will existing permit/approval require modification? ( )YES ( )NO If Yes, list agency(s)and permit/approvals: 1 certify that the Information provided above is true to the best of my knowledge Applicant/S or N Date: Signature: f If the action is in the Coastal Area, and you are a state agency,complete the Coastal Assessment Form before proceeding with this assessment i TR ANSACTIONAL DISCLOSURE FORA APPLICABI O OWNER, CONTRACT VENDEE AN— .,GENT: RECEIVE c�3gg The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town offiAPR cers 2 2010 and employees. The purpose of this form is to provide information, which can alert the TMZ90 OF APPEALS Possible conflicts of interest and allow it to take whatever action is necessary to avoid same. I' (Last name, first name, middle initial, unless you are applying in the name of/—someone else other entity, such as a company. If so, indicate the other person or company name.) ne else or NATURE OF APPLICATION: (Check all that apply.) Variance Special Exception *Other Approval or Exemption from plat or official map Change of Zone Tax Grievance *If"Other"name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage or business interest "Business interest" means a business including a .partnership,-in which the Town officer or employee has even a partial ownershi of or employment b a corporation in which the Town officer or em to ee owns more than 5% of the shares YES NO - If you answered "YES'; complete the balance of this fore: and date and sign where indicated Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her;spouse, sibling, parent, or child is (check all that apply): A)the owner of greater than 5% of the shares of the corporate stock of the applicant(when-the applicant is a corporation); B)the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director,partner, or employee of the applicant; or D)the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted t is �9 day of Signature- Print Name: I I ` ' h( - RECEIVED APR. 2010 AGRICULTURAL DATA STATEMENT ZONING BOARD.QF APPEALS BOARD OF APPEALS TOWN OF SOUT:HOLD WHEN TO USE THIS FORM: The form must be completed by the applicant for any'special use permit,site plan approval, use variance,or subdivision approval on property within.an agricultural district QR within 500 feet.of a farm operation located in agricultural district. All applications requiring.an agricultural data : statement must be referred-to the Suffolk:County Department of Planning in accordance with Sections 239= m.and 239-n ofthe General Municipal.Law. 1).Name of Applicant: -.2)Address of Applicant: .D.Vbt I- I-w . .� 5 3)Name� f Land Owner,(if other than applicant) .4)Address of Land Owner:_ -5)Description:of Proposed Project: 6)Location of Property(road and flax map number): .?w--65. 7)Is the parcel within an agricultural district? El No,®Yes If yes,Agricultural-District Number 8)Is this'parcel actively farmed? O No..p Yes. 6`ee 9). Name and: address- of any owners).'of.:land within the,agricultural district containing active farm operation(s)'located.500 feet,of the boundary of the proposed project..(Information maybe.availab e*through 1he.Town Assessors Office; Town Hall location.(765-1937) or from any public computer At the Town Hall locations by viewing the parcel numbers on the Town of Southold.Real Property Tax System: . Naive and Address. 1 peh_ dc 4 cJ 4. . 5 6. (Please uke'buck side of page if more than six property owners are identified.) The lot numbers.may,be obtained,in advance,when requested from.either the Office of the Planning Board at- 7 5-1938 or the Zoning Boar. o .Appeals at 765-1809. Signature ofApplicant Dafe .,Note: . 1.The local board.will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation.Solicitation will.be made by supplying.a copy of this statement: 2.Comments returned to the local board will be taken into consideratioti as part of the overall review of this application. 3.Copies of the completed Agricultural Data.Statement shall be sent by applicant and/or the clerk.of the board to.the.property owners. identified above.The cost.for mailing shall be paid by the applicant at the time.the application is submitted for review.Failure to pay at . such time means the application is'not complete and-cannot be acted upon by the board. 1-14-09 RECEIVED Town of Southold I LWRP CONSISTENCY ASSESSMENT FORM APR 2010 ' BOARD OF APPEALSA. INSTRUCTIONS 1. 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 significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C.on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions,it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# [41 V The Application has been submitted to(check appropriate response): Town Board 0 Planning Dept. 0 Building Dept. 0 Board of Trustees 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g.capital 0 I construction,planning activity,agency regulation,land transaction) 0 (b) Financial assistance(e.g.grant,loan, subsidy) (c) Permit,approval, license,certification: Nature and extent of action: RECEIVED APR 2010 C 3g� Location of action: BOARD OF APPEALS Site acreage: Present land use: Present zoning classification: 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: (b) Mailing address: (c) Telephone number:Area Code( (d) Application number,if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No❑ If yes,which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a.pattern of development in the Town of Southold that enhances community character, preserves open space,makes efficient use of infrastructure, makes beneficial use of`a coastal location,and minimizes adverse effects of development. See LWRP Section III—Policies;Page 2 for evaluation criteria. ❑Yes No (Not Applicable- please explain) Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes ❑ No ❑ (Not Applicable—please explain) I I i RECEIVE® 3$'8 APR 2 2010 Rx0AAIam��� ,�►�Rnr_,ae Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LW" Section III—Policies Pages 6 through 7 for evaluation criteria 0 Yes No (Not Applicable—please explain) Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes No (Not Applicable—please explain) Attach additional sheets if necessary Policy 5. Protect and.improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria 0 Yes 0 No (Not Applicable—please explain) Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats.and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Fd Yes E No[d (Not Applicable-please explain) RECEIVED n�� 2 2010 BOARD OF APPEALS Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. ❑ Yes ❑ No❑ (Not Applicable—please explain) Attach additional sheetsif necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No ❑ (Not Applicable please explain) PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III-Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes[] No❑ (Not Applicable—.please explain) Attach additional sheets if necessary WORKING COAST POLICIES NJ� 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 41 through 56 for evaluation criteri-ECEIVE®63 ❑Yes ❑ No ❑ (Not Applicable*—please explain) -APR 2 2010 BARD OF APPEALS Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound,the the Peconic . Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable—please explain Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ No 0 Not Applicable—please.explain Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No ❑ Not Applicable—please explain w Town of Southold PC/Codebook for Windows ARTICLE Ill, Agricultural-Conservation (A-C) District and Low-Density Residential R-80, R-120., R-200 and R-400 .Districts [Last ame 1-1989] nded 1-10-1989 by L.L. No. §280-12. Purpose. The purpose of the Agricultural-Conservation (A-C)District and the Low-Density Residential R-80,R-120,R-200 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. §280-13. Use regulations. [Amended 3-14-1989 by L.L.No.3-19891 In A-C;R-80,R-120,R-200 and R-400 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. (1) One-family detached dwellings,not to exceed one dwelling on each lot. I' ! II (2) The following agricultural operations and accessory uses thereto, including inigation, provided that there shall-be no storage of manure, fertilizer or other odor-or i dust-producing substance or use, except spraying and dusting to protect vegetation, within 150 feet of any lot line: [Amended 5-23-1989 by L.L.No. 8-1989] (a) The raising of field and garden crops,vineyard and orchard farming, the maintenance I of nurseries and the seasonal sale of products grown on the premises. [Amended 1 I I Ili • 1 i • I Town of Southold PC/Codebook for Windows 11-29-1994 by L.L. No. 25-1994; 5-13-1997 by L.L.No. 8-1997] (b) The keeping,breeding,raising and training of horses, domestic animals and fowl .(except ducks)EN(1) 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. [Added 5-13-1997 by L.L.No. 8-1997] (3) Buildings,structures and uses owned or operated by the Town of Southold, school districts,park districts and fire districts. (4) Wineries which meet the following standards: [Added 11-29-1994 by L.L.No. 26-1994] (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b)The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (c) The winery structures shall-be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. B. .Uses permitted by special exception by the Board of Appeals.The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two-family dwellings and the uses set forth in Subsection B(14)hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No.27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage,which shall conform to the requirements for a one-family dwelling), subject to the following requirements: (a) No building or part thereof shall be erected nearer than 50.feet to any street line and nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% 2 � I MI . � i Town of Southold PCICodebook for Windows of the area of the lot. (3) Private elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot line. (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any school shall be a nonprofit organization within the meaning of the Internal Revenue.Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an area of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) Nursery schools. (5) Philanthropic, eleemosynary or religious institutions,health care, continuing care and life facilities,but excluding facilities for the treatment of all types of drug addiction, subject to the following requirements: [Amended 12-27-1994 by L.L. No. 30-1994; 11-12-1996 by L.L. No. 20-1996] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line nor within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20%of the area of the lot. (c) The maximum height shall be 35 feet or 2 1/2 stories. (d) The entire lot, except areas occupied by buildings or parking or loading areas, shall be suitably landscaped and properly maintained. (e) Any health care, continuing care or life care facility shall meet the following standards: [1] All buildings shall be of fire-resistive construction. [2] All such uses shall be served by adequate water and sewer systems approved by the Suffolk County Department of Health. [3] Patients suffering from communicable diseases shall not be permitted in any nursing home or sanatorium. (Communicable diseases are defined by the `! Sanitary Code of the Public Health Council of the State of New York.) 3 i Town of Southold PC/Codebook for Windows [4] Eight thousand square feet of lot area shall be provided for each patient bed. (6) Public utility rights-of-way as well as structures and other installations necessary to serve areas within the Town, except that wireless communication facilities must obtain approval pursuant to Article XVII,subject to such conditions as the Board of Appeals may impose in order to protect.and promote the health, safety, appearance and general welfare of the community. and the character of the neighborhood in which the proposed structure is to be constructed. [Amended 11-12-1997 by L.L.No. 26-1997] (7) Beach clubs,tennis clubs, country clubs, golf clubs and annual membership clubs and accessory playgrounds,beaches, swimming pools, tennis courts,recreational buildings and maintenance buildings catering exclusively to members and their guests, subject to the following requirements: [Amended 12-27-1994 by L.L.No. 30-1994; 12-8-1998 by L.L.No.26-1998] (a) No building or part thereof or any parking or loading area shall be located within 100 feet of any street line or within 50 feet of any lot line. (b) The total area covered by principal and accessory buildings shall not exceed 20% of the area of the lot. (c) No such use shall occupy a lot with an area of less than three acres. (8) Chilclren's recreation camps organized primarily for seasonal use and subject to the following requirements: (a) No building, tent, activity area or recreation facility shall be less than 200 feet from any lot line, and any such building, tent, activity area or recreation facility shall be effectively screened therefrom as.required by the Planning Board. Buildings intended for use as sleeping quarters shall be not less than 30 feet from each other, except tents,which shall be not less than 10 feet apart. (b) The minimum lot area shall be not less than 10,000 square feet for each cottage, tent or other principal building and not 1 ess than 3,000 square feet of land area shall be provided for each person accommodated in the buildings or tents on the premises EN(2) (c) The sound level of all outdoor public-address systems shall not exceed the intensity tolerable in a residential neighborhood. (9) Farm labor camps, subject to the following requirements: (a) All farm labor camps on farms shall be construed in conformance with applicable laws and shall not be located nearer to any other residence than the residence of the 4 � I ' i , Town of Southold PC/Codebook for Windows employer,except by specific-review and approval of the Planning Board. (10)Veterinarian's offices and animal hospitals, subject to the following requirements: (a)'The housing of all animals shall be in a fully enclosed structure, if nearer than 150 i feet to any lot line. (1-1)Cemeteries. (12)Stables and riding academies.EN(3) (13)One accessory apartment in an existing one-family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. (b) The owner of the existing dwelling shall occupy one of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term.of one-or more years. (c) The existing one-family dwelling shall contain not less than 1,600 square feet of livable floor area. (d) The accessory apartment shall contain not less than 450 square feet of livable floor area. (e) The accessory apartment shall not exceed 40%of the livable floor area of the existing dwelling unit. (f) A minimum of three off-street parking spaces shall be provided. (g) Not more than one accessory apartment shall be permitted on a lot. (h) The accessory apartment shall meet the requirements of a dwelling unit as defined in § 280-4 hereof. (i) The exterior entry to the accessory apartment shall, to the maximum extent possible, i retain the existing exterior appearance of a one-family dwelling. 0) All exterior alterations to the existing building, except for access to the apartment, shall be made on the existing foundation. (k) The certificate of compliance shall terminate upon the transfer of title b the . on the o c by owner or u . p caner easing to occupy one of the dwelling units as the owner's � I principal residence. In the event of an owner's demise,the occupant of an accessory apartment may continue in occupancy until a new owner shall occupy the balance of i 5 i i i� l I� 4r-(�3 9`� Town of Southold PC1Codebook for Windows the dwelling or one year from date of said demise,whichever shall first occur. [Amended 5-20-1993 by L.L. No. 6-1993] (1) All conversions shall be subject to the inspection of the Building Inspector and renewal of the certificate of occupancy annually. [Amended 5-20-1993 by L.L.No. 6-1993] (m)The building which is converted to permit an accessory apartment shall be in existence and have a valid certificate of occupancy issued prior to January 1; 1984, or proof of occupancy prior to that date. [Amended 5-20-1993 by L.L.No. 6-1993] n The existing building,together with the accessory a artment shall comply with all { ) g g, g rY p � p Y other requirements of Chapter 280 of the Town Code of the Town of Southold. (o) Notwithstanding the provisions of§ 280-13B hereof,no site plan approval by the Planning Board shall be required for the establishment of an accessory apartment. (p) Approval by the Suffolk County Department of Health Services of the water supply and sewage disposal systems shall be required. I (q) No bed-and-breakfast facilities, as authorized by §280-13B(14)hereof, shall be I permitted in or on premises for which an accessory apartment is authorized or exists. [Added 3-14-1989 by L.L.No. 3-1989] (14)Bed-and-breakfasts which have been issued a bed-and-breakfast permit by the Building Inspector. Said permit shall be issued for a term of one year if the following conditions are met: [Amended 3-14-1989 by L.L.No. 3-1989; 2-7-1995 by L.L.No. 3-1995] (a) A smoke alarm shall be provided on each floor.and in every guest room. (b) The dwelling shall have at least two exits and there shall be a window large enough for emergency egress in each guest room. (c) The identification sign shall be no larger than two square feet in areas zoned Residential-Office or higher,but there shall be no exterior signage identifying the use as a bed-and-breakfast-in residential areas. (d) No accessory apartment, as authorized by§ 280-13B(13)hereof,shall be permitted in or on premises for which a bed-and-breakfast facility is authorized or exists. (15)Historical society. [Added 11-12-1996 by L.L.No.20-1996] (16)Preservation and use of a federal or state designated historic building for the purpose of hosting community events, together with the use of part of such building for professional offices and/or one apartment,not to exceed a total of three uses per building,provided 6 Town of Southold PC/Codebook for Windows that such building is owned and maintained by a not-for-profit historic organization. In no event shall there be more than one apartment per building. [Added 10-25-2005 by L.L.No. 18-2005] C. Accessory uses, limited to the following uses and subject to the conditions listed in § 280-15 herein: (1) Any customary structures or uses which are customarily incidental to the principal use, except those prohibited by this chapter. a (2) Home occupation,including home professional office and home business office.-In. permitting these uses,the Town Board recognizes that the residents historically have operated small businesses which provide services to the community from their homes. The Board finds that these businesses have not impacted negatively on the appearance of i these residential zones. In the Board's judgment,it finds that in order to maintain the I economic viability of the Town, to maintain the rural quality of life and in the interests of the welfare of the residents, these businesses (or home occupations)should be i permitted to continue. In setting forth the following subsections, the Board intends to i permit as of right certain business uses in residential zones with the understanding that these uses are to be conducted in a manner that will not alter the character of the residential neighborhoods.The Board believes that the following subsections provide sufficient safeguards to accomplish that aim.These uses shall be permitted,provided that: [Amended 4-9-1991 by L.L..No. 10-1991;7-28-1992 by L.L.No. 14-1992] (a) No display of products shall be visible from the street, and no stock-in-trade shall be kept on the premises. (b) Such occupation is incidental to the residential use.of the premises and is carried on ! in the main building by the residents therein with not more than one nonresident assistant for whom off-street parking must be provided on site. (c) Such occupation.is carried on in an area not to exceed 25%of the area of all floors of the main building, and in no event shall such use occupy more than 500 square feet of floor area. (d) There shall be no exterior effect at the property line, such as noise, traffic, odor, dust, smoke, gas, fumes or radiation. t (e) Studios where dancing or music instruction*is offered to groups in excess of five pupils at one time or where concerts or recitals are held are prohibited. (f) In no manner shall the appearance of the building be altered,nor shall the occupation be conducted in a manner that would cause the premises to lose its residential i 7 : A i Town of Southold PC/Codebook for Windows character,including but not limited to the use of colors, materials, construction or lighting. (g) Notwithstanding anything set forth elsewhere in this article,home occupations,home business offices and home professional offices shall in no event be deemed to include animal hospitals,kennels,barbershops,beauty parlors, clinics or hospitals, mortuaries,nursery schools, clubs, auto repair shops,restaurants,tourist homes, rooming houses or boardinghouses and uses similar to those listed above IN(4) (h) Home occupations,home business office and home professional offices shall not include manufacturing,fabrication or construction of any type on the site. (i) The outdoor storage of equipment necessary for residents connected with aquaculture shall be screened from view and shall conform to the setbacks for accessory structures. (3) Boat docking facilities for the docking, mooring or accommodation of noncommercial boats, subject to the following requirements: (a) There shall be docking or mooring facilities for no more than two boats-other than those owned and used by the owner of the premises for his personal use. i (b) The Town Trustees shall approve new boat docking facilities. (c) Boats at such docking facilities shall not be used for overnight sleeping purposes. (4) Garden house, toolhouse, storage building,playhouse, wading pool,swimming pool or tennis court incidental to the residential use of the premises and not operated for gain, subject to the following requirements: (a) Any swimming pool shall be completely enclosed with a permanent chain link(or similar type) fence of not more than two-inch mesh,not less than four feet in height, erected,maintained and provided with a self-closing,self-latching gate to prevent unauthorized use of the pool and to prevent accidents. However,if said pool is located more than four feet above the ground, then a fence is not required;provided that all points of access to said pool are adequately protected by a self-closing, self-latching.gate. Any swimming pool in existence at the effective date of the provisions of this subsection shall,within one year from such date, comply with all of the provisions hereof. (b) Individual outdoor tennis court related to residential use on a lot containing a single-family detached dwelling,provided that the same is set back not less than six feet from all lot lines and that there is no lighting for after dark use. " 8 p Town of Southold PC/Codebook for Windows (5) Private garages;provided, however,that not more than two passenger automobile spaces in such garages may be leased to persons not resident on the premises. (6) Off-street parking spaces accessory to uses on the premises.Not more than four off-street parking spaces shall be permitted within the minimum front yard. (7) The storage of either a boat or travel trailer owned and used by the owner or occupant of the premises on which such boat or travel trailer is stored, for his personal use,subject to . §_280-'18Q, Supplemental parking regulations,EN(5)and the following requirements: (a) Such boat or trailer shall not exceed 30 feet in length. (b) Such boat or trailer shall be stored only in the required rear yard, and the area occupied thereby,together with the area of all buildings in the rear yard, shall not exceed 40% of the area of the required rear yard. (c) Such boat or trailer shall not be located within 15 feet of any street-or lot line. (8) Horses and domestic animals other than household pets,provided that such animals shall not be housed within 40 feet of any lot line. Housing for flocks of more than 25 fowl shall not be constructed within 50 feet of any line.EN(6) (9) Yard sales, attic sales, garage sales, auction sales or similar types of sales of personal property owned by the occupant of the premises and located thereon, subject to the following requirements: (a) Not more than one such sale shall be conducted on any lot in any one calendar year. (b) Adequate supervised parking facilities shall be provided. (c) No signs, except one on-premises sign not larger than six square feet in size displayed for a period of not longer than one week immediately prior to the day of such sale, shall be permitted. (d) A permit shall be obtained therefor from the Town Clerk upon the payment of a fee of$15. [Amended 8-24-1993 by L.L.No. 18-1993] (e) The display permit issued by the Town Clerk shall be posted on the premises so it can be read from the street and removed before sundown on the day of the sale. [Added 8-24-1993 by L.L.No. 18-1993] (10)Wineries may have an accessory gift shop on the premises which may sell items .accessory to wine,such as corkscrews,wine glasses, decanters,items for the storage and display of wine,books on winemaking and the region and nonspecific items bearing the 9 I i I g Town of Southold PC/Codebook for Windows insignia of the winery. Wineries may not have a commercial kitchen as an accessory use but may have a noncommercial kitchen facility for private use by the employees. [Added 11-29-1994 by L.L. No. 26-1994] (11)Child care. [Added 11-12-1996 by L.L.No. 20-1996] §280-14. Bulk, area and parking regulations. [Added 9-3-1996.by L.L.No. 16-1996] No building or premises shall be used and no building or part thereof shall be erected or altered in the A-C,R-80,R-120,R-200 and R-400 Districts unless the same conforms to the Bulk Schedule and Parking ScheduleEN(7) incorporated into this chapter with the same force and effect as if such regulations were set forth herein full. I §280-15. Accessory,buildings and structures. [Amended 4-10-1990 by L.L.No. 6-1990; I I 7-17-1990 by L.L.No. 14-1990; 2-5-1991 by L.L.No.2-1991; 12-22-1992 by L.L. No. 33-1992; 1-16-2007 by L.L.No.2-20071 j In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard, subject to the following requirements: A. Buildings with a flat or mansard roof shall not exceed 16 feet in height and shall be set back at the minimum required for a sloping roof. B. Buildings with a sloping roof shall be subject to the following height and setback limitations: i i Minimum Setback for Side Lot Size Maximum Height and/or Rear Yard (square feet) (feet) (feet) Less than 10,000 18 3 r I Less than 10,000 20 5 Less than 10,000 22 10 10,000 - 19,999 18 5 10 I I I � Town of Southold PC/Codebook for Windows Minimum Setback for Side Lot Size Maximum Height and/or Rear Yard (square feet) (feet). (feet) 10,000- 19,999 20 15 10,000- 19,999 22 20 20,000-39,999 18 10 2%000-39,999 20 15 203000- 39,999 22 20 40,000- 59,999 22 15 603000-79,999 22 20 80,000 and over 22 25 C. Such buildings shall not exceed 660 square feet on lots containing up to 20,000 square feet and shall not exceed 750 square feet on lots 20,000 square feet to 60,000 square feet. On lots over 60,000 square feet,no accessory building shall exceed 3%of the total size of the parcel. D. Dormers are permitted on-accessory buildings up to 40% of the roof width. E. Any accessory structure that is not a building shall not exceed 18 feet in height and shall be set back at the minimum required in Subsection B above. F. In the case of a waterfront parcel, accessory buildings and structures may be located in the front yard,provided that such buildings and structures meet the front-yard principal setback requirements as set forth by this Code, and the side yard setback requirements for accessory buildings in Subsection B above. ARTICLE IV, Low-Density Residential R-40 District [Added 1-10-19.89 by L.L. No. . 1-1989] 11 I i i Town of Southold PC/Codebook for Windows § 280-16. Purpose. The purpose of the Low-Density Residential R-40 District is to provide areas for residential development where existing neighborhood characteristics,water supply and environmental conditions permit full development densities of approximately one dwelling per acre and where open space and agricultural preservation are not predominate objectives. i § 280-17. Use regulations. In an R-40 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 uses except the following: A. Permitted uses: (1) Same as § 280-13A of the Agricultural-Conservation District, except that wineries are excluded. [Amended 11-29-1994 by L.L.No. 26-1994] B. Uses permitted by special exception of the Board of Appeals.The following uses are permitted as a special exception by the Board of Appeals, as hereinafter provided, and subject to site plan approval by the Planning Board: (1) Same as § 280-13B of the Agricultural-Conservation District, except that a children's recreation camp, farm labor camp and veterinarian's office and animal hospital are not permitted and bed-and-breakfast uses do not require site plan approval. (2) Libraries,museums or art galleries. C. Accessory uses,limited to the following: (1) Same as § 280-13C of the Agricultural-Conservation District. § 280-18. Bulk, area and parking regulations. No building or premises shall be used and no building or part thereof shall be erected or altered in the Low Density Residential R-40 District unless the same conforms to the requirements of the Bulk Schedule and of the Parking Schedule,N(8)with the same force and effect as if such regulations were set forth herein in full. 12 i i i i i Town of Southold PC/Codebook for Windows §280-19. Accessory buildings. Accessory buildings shall be subject to the same requirements as § 280-15 of the Agricultural-Conservation District. i 13 I 'i TOWN OF SOUTHOLD � BUILDING'J�RMIT APPLICATION CHECI�I,IS' BUILDING DEPARTMENT R.ECERVED. TOWN BALL Dc have or need the following,before applying SOUTHOLD, NY 11971 APR 2 2010 Board of Health TEL: (631) 765-1802 4 sets of Building Plans FAX: (631) 765-9502 BOARD OF APPEALS Planning Board approval' SoutholdTown.NorthFork.net PERMIT NO. �3 g� Survey. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20 Flood Pe Storm-Water Assessment Form Contact: Approved ,20 Mail to: Disapproved a/54!e!� Phone: Expiration 20 D E C U E Building Inspector FEB 2 4 2010 PPLICATION FOR BUILDING PERMIT � Date' �� 2010 BLDG.DEPT. INSTRUCTIONS TOWN OF SOUTHOLD a, is app ica ion e comliletely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale.Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work, e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues.a.Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from.such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize,in writing,the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY'MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings,additions, or alterations or for removal or.demolition as herein described. The applicant agrees to comply with all applicable laws; ordinances, building code,housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. (Signature of applicant or name,if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder el Name of owne ses (As on the � % If applicant is a corpora ion, signature of duly authorized officerax roll or latest deed) (Name and title f corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. n Locati f land on which p o osed work will be done: P 114, l House Number Street Hamlet County Tax Map No. 1000 Section ' Block Subdivision Lot . Filed Map No. Lot 2. State existing use and occupancy of premises and intended use and occupancy of proposed co Mqopa: a. Existing use and occupancy APR 12010 b. Intended use and occupanc 0 AD OF APpEpLS 3. Nature of work check which.applicable): New Building Addition Alteration Repair V Removal Demolition Other Work (Description) 4. Estimated'Cost Fee -' (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use: gIA 8 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories _.._....,�__.v__. ._,__. ........ ... ... . Dimensions of same structure with alterations or additions: Front � � - `'- " '` Rear' ,--• Depth Height Number f�'p ries_ i t � 8. Dimensions of entire new construction: Front Rear _ ` ,Depth f Height Number of Stories _. . (+1q: 9. Size of lot: Front Rear Depth _- _._.. ..-..T�.._.....�i 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_NO 13. Will lot be re-graded? YES NO Will excess fill be removed from premises? YES NO 14. Names of Owner of premises f!G!� 09-Gdress �� o � Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No.. 15.a. Is this property within 100 feet of a tidal wetland or a.freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES.&D.E.C,'PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there.any covenants and restrictions with respect to this property? * YES NO * IF YES, PROVIDE A COPY. SU',\N' F!S WO STATE OF NEW YORK NOTARY PUBLK; - ':Ti,rE OF NEW YORK Nb.0'1 ST5046833 QUALIFIED1N SUFFOLK COUNTY r COUNTY OF {/� COMMISSION EXPIRES JULY 17, 1 being duly sworn,.deposes and says that(s)he is the applicant (Name of in dividual signing contract) above named, (S)He is the 1"t � "E\I► 9!�► 'ti� (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. S wo ,AWre met y . day of 20! Notary.Public Signature of Applicant RECEIVED �(�� / p,PR 2 2010 BOARD OF APPEALS f AAerip i J PU Mpu n�rsr-� ri �- (,l�n N'`' 15 N Z AL,z )005}- iJ 'fork, 12. 0 —4 Rarb-.S fell , fa►�� �a s� LPL. CIS � {�nllooK Lv► NYC B K\<9 LL L t��O Pa.1rcJ� t-tllar��.� .�� liGVfGI W uc U �r. Luvrtl, NY IIi'fs E' 6, i+Lt��t3 AA&I ll 1 -2o _3-)0 , 1® Ei`v,racA F- e'Sr. a Av-,- M.�t-� IL AW z u 4k t 466 Harbes South2.jpg r y4' �A A , Hafts_South3.jpg AP F, BOARD OF APPEALS i law Harbes7o�uth4.jpg .ti. .. BOARD OF APPEALS � `•'ice ,.,, ;,,: ra. P s•�� Oil- �� 1 ,;..,.:a.�, r...• yr ■ w�. ir Harbes—South6.jpg jr I Af .. i RECEIVED s :APR 2 alm s BOARD OF APPEALS A Harbes_South8.jpg y t `� Harbes_South9.jpg 0 r Harbes_Southl O.jpg RECEIVED 2 ZG1G BOARD OF APPEALS TOWN OF SOUTHOLD PROPERTY RECORD CART} 141 OWNER STREET �, 13� VILLAGE DIST. SUB. LOT � sound AUv111E�__ ) G, �l �_ � ✓ a��. ACR. 0 REMARKS TYPE OF BLD. L_iQ Ae 44p-SyW, N&• . Jens r ors.. *41 C}5 Sri. i±ti5�« PROP. CLASS �{� - LAND 1MP. TOTAL DATE - L `> >)c) 2000 S _ �io4© -��ovrAri 77 a ► v7 t30 7 O # 0 C! -- -- -- ��v go FRONTAGE ON WATERt TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADO WLAND BULKHEAD -HOUSE/LOT TOTAL Tom^ s i.OWN OF SOUTHOLD .-CA STREET �;� VILLAGE DISTRICT LOT - MoTTI VR E ACREAGE 40- A] S , w TYPE OFBUILDING SEAS. VL. FARM I COMML. IND. CB. I MISC. -LAKID Im-P. TOTAL DATE : REMARKS 7.0 2,5 ' 1K—Vo A3b0 t 4 ClUC Ca rJ $r, 1 frf '�j i V r.• �}d xLDING C qN 1K"VO WukL B£LO AB VE 2' Acre slue Per re 31 a[ue 1? a ,rld• ,; TillfllsJe 2 5/ 'Ti{!able. 3' ' _ cQ� � - - ��e0?7 Woodland 10 131 77 R , RL & m f o I.s'g Swampldnd `� 1010 1 [+ f - Bru hl%3 d House Ae r- 1 limb A 'L -Amiw aw (D (p ill •{Ji :�f !2� -u' t . iA S-• Z t Sa 0 /.1qz b -Z 7q-t-J° s -f� Stec r-CCa i `tZ( fi`da NINON NORf ONE No mums MEN -19 MEMOi 1 J mom MUNI mommom I in MEMO mom BAMIM AN millowil PIii,iliim MEN®iuiSAMNWMM MINE �!!liii��ii � NONE -�c oor f C f[ s� r. .ice o C" • - .t f p I�► a rz s -'6 -- 313-1 18.1 Sound Ave. 120 M.tt. Fred Jens 4&5 43-131 -5/19/83-NaP-i-arice tzs-amond""violatibri" ..of....excessive...sales- in..A-Zone, 6/7/85 Pending filed-''(8:3) CEI VE[D .'APR 2010 .P30ARD®r PPEALS E �O��O� SO!/lyOl LIZABETH A.NEVILLE,RMC,CMC O Town Hall, 53095 Main Road TOWN CLERK l P.O. Box 1179 REGISTRAR,OF VITAL STATISTICS CA ,c Southold, New York 11971 MARRIAGE OFFICER • �� Fax (631) 765-6145 RECORDS MANAGEMENT OFFICER Telephone (631) 765-1800 FREEDOM OF INFORMATION OFFICER y�OUN southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: April 13, 2010 RE: Zoning Appeal No. 6388 Transmitted herewith is Zoning Appeals No 6388 of Monica Harbes-the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form,Transactional Disclosure Form, Agricultural Data Statement, LWRP Consistency Assessment Form, Application for Building Permit with Disapproval Dated 3/10/10,Notice of Disapproval from Building Department Dated March 10, 2010, List of Agricultural Parcels, 5 Pages of Photos of Property& Surrounding Area, 3 Pages of Property Record Cards, Prior ZBA Appeals, 2 Pages of Plans Showing Floor Plans & Elevations, Survey of Property Showing Existing Construction Dated August 3, 2005 Prepared by Young&Young, Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * f.Date: 04/05/10 Receipt#: 76285 Transaction(s): Reference Subtotal 1 1 Application Fees 6388 $600.00 Check#: 2183 Total Paid: $600.00 Name: Vineyard, View Farms Lic P O Box 1524 Mattituck, NY 11952 Internal ID:6388 Clerk ID: CAROLH Page 1 of 1 Toth, Vicki From: Charles Cuddy [charles.cuddy@verizon.net] �7�� Sent: Tuesday, April 05, 2011 1:09 PM RECEIVED To: Andaloro, Jennifer �Q Cc: Toth, Vicki APR., 7 oil Subject: Regina's GArden-ZBA-Covenants B b A� Attachments: img-330150317.pdf BARD OF APPEALS Dear Ms. Andaloro: Our clients have agreed to the attached covenant. As discussed we have revised the underlined language at paragraphs 2 and 3. This reflects the fact that Mr. and Mrs. Harbes operate the farm together but only Mrs. Harbes is a member of Regina's Garden LLC. Charles R. Cuddy 4/5/2011 RECE VE® SOUTHOLD ZONING BOARD OF APPEALS APR 7 In the Matter of Application of BOARD OF APPEALS Regina's Garden,LLC AFFIDAVIT 1150 Sound Avenue.,Mattituck,NY SCTM#1000-120-3-5 Edward Harbes,being duly sworn,deposes and says: 1.This is to'confirm my intention to use the building attached to the greenhouses on the tax lot#1000-120- 3-5,solely as a farm office. 2.In addition to more than 100 acres on the north side of Sound Avenue I farm the land,adjoining the proposed office.I have identified below the adjoining farm parcels by tax lot,acreage and ownership,and have attached a tax map. SCTM#1000-120-03-11.10 13.9 acres May D.Harbes SCTM#1000-120-3-11.9 10 acres KKP,LLC(Peter Harbes,Principal) SCTM#1000-120-3-11.8 10.3 acres Patricia DiVello SCTM#1000-120-3-11.'11 22.2 acres P&E,LLC(Peter-Harbes,Principal) SCTM#1000-120-3-2 10.8 acres MDH,LLC(Patricia DiVello,Principal) 3.I also own tax lot#1000-120-3-4. 4.As to tax lot 1000-120-03-11.10,which is part of my mother's estate and will be distributed to my sister, Patricia DiVello.I grow sweet corn and pumpkins at that site.Annually I rent this parcel by paying real property taxes due for the year. 5.Tax lot 1000-120-3-11.11 is leased from my brother Peter Harbes,the principal of P&E,LLC.This lot has development rights sold and will remain in faun use. 6.Tax lot 1000-120-3-11.9 is owned also by my brother.,Peter Harbes,principal of KKP,LLC.This lot is also a development rights sold parcel.I lease it on year to year basis.I pay$1,000 per month for the parcels I lease from my brother. 7.The remaining two(2)westerly lots#11.8 and#2 are owned also by my sister Patricia DiVello,principal of MDH,LLC.These lots are planted with strawberries and flowers,a significant•portion of which are sold at my farm stands. 8.These leases and use arrangements are oral agreements between family members.The agreements have been in place for years and my brother,sister and I expect this relationship to continue for many years. I make this Affidavit knowing it will be relied upon by the Zoning Board of Appeals. Edward Harbes Sworn to before me this LJ�4day of 2011 WONAKODYM Notary Public Notary Public.State of New York No. 01 K06088386 Qualified in Suffolk County Commission-Expires March a, 20 f XI. - ��� RECENE® CHARLES R.CUDDY b/ ice\ v ATTORNEY AT LAW NOV 201 0 445 GRIFFING AVENUE BOARD OF APPEALS RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 November 23, 2010 E-mail: charles.cuddy@verizon.net Leslie Weisman, Chairperson Zoning Board of Appeals Town of Southold PO Box. 1179 Southold, NY 11971 RE: Edward Harbes and Regina' s Garden, LLC-Use Variance SCTM#1000-120-3-5 Dear Ms . Weisman: I have been discussing a farm office use with the Building Department and believe that there -will be a modification of -the existing notice of disapproval. This will not be in time for the hearing scheduled for December 2, 2010 . It is important to the applicant that the amended notice of disapproval be presented so that an appropriate presentation may be made .to the Zoning Board of Appeals . I therefore respectfully request that this matter be adjourned for a period of 60 days . Very truly yours, Charles R. Cuddy CRC: ik Enclosure t CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIPPING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 October 20, 2010 E-mail: charles.cuddy@verizon.net RECEIVE Leslie Weisman, Chairperson Zoning Board of Appeals Town of Southold BOAR® OF APPEALS PO Box 1179 Southold, NY 11971 RE: Edward Harbes and Regina' s Garden, LLC-Use Variance SCTM#1000-120-3-5 Dear Ms. Weisman: i have been asked to represent the applicant, Regina Garden, LLC and Edward Harbes, in connection with pending application before the Zoning Board of Appeals whereby the applicant seeks to have a farm office building. I would like to appear on behalf of and with Mr. Harbes at a regular Board meeting. If this matter has been closed, I ask that be reopened, or if it is being held over I request that you advise when we may appear. Thank you. Very truly yours, Charles R. Cuddy CRC: ik Enclosure REGINA'S GARDEN,LLC 1150 Sound Avenue, Mattituck,NY SCTM#1000-120-3-5 EXHIBITS EXHIBIT A - JENS DEED-1967 EXHIBIT B - PROPERTY RECORD CARD EXHIBIT C - COURT DECISION-1984 EXHIBIT D - AFFIDAVIT -Edward Harbes EXHIBIT E - OPINION LETTER-NYS Department of Agriculture and Markets EXHIBIT F - LETTER OF ASSESSOR EXHIBIT G - PLANNING BOARD RECOMMENDATION 1 C ' *6/3 V.1'B I.C N, SVl'•F•("-'DUI—a„F,in and S,Ir Dead ,ioh Cm•anm,egaim,Gaa ',A--Indi„dnnl w C.rpnr„im, CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. :fore m, �n r e U.S.LRb. •1K0 [L'.tJf•�if cl::;e nd wh,. THIS INDENTURE,made the loth day of October ,nineteen hundred and sixty-seven BETWEEN, DAN FARAD'AYand JOSEPHINE FARICAY, his wife, residing at Sound Avenue, a i uc own Of Southold, County of $0 Suffolk, State of New York p• •1 of I party of the first part,and FRED P. JENS and JEAN C. JENS, his wife, resid ing at 30 Beverly-Road, Farm ngaaLe, New York +- 1 ore me , wish party of the second part, dual . WITNESSETH,that the party of-the first part,in consideration of ONE and 00/100------------ mcnt: ' i � saw , -_-_- (�1.00)-----dollars, fitness, r' tereto. lawful money of the United States.and other good and valuable consideration Paid Vk' b the art of the second art,does hereby rant and release unto the arty of the second art, the heirs or Y party P g P . . P successors and assigns of the party of the second part forever, ALL that certain plot,piece or parcel of land,with the buildings-and improvements thereon erected, situate, lying and being YhXM on the Southerly side of Sound Avenue, hiattituck, Town 7�- r ` of Southold, Suffolk County, New York, bounded and described as fol- lows*: `P yR 1� r£ BEGINNING at an iron pipe set on the Southerly line of Sound Ave- : nue 509 feet more or less Westerly along said line from the West- erly line of Aldrich Lane and being the Northeasterly.corner of °Y land conveyed by Margaret Wasson to Walter H. Maynard and Maxine i �C Maynard, his wife; RUNNING THENCE along the Southerly line of Sound Avenue the fol- lowing two courses and distances: (1) North 880 141 50" East 19.94 feet to a monument; thence (2) South 890 531 00" East 180,06 feet; THENCE along land of. R. Koroleski South 21° 331 201I. East 229,76 �7' f feet to land formerly of J. Dwight Reeve, now of E. Harbes THENCE along last described land South 85° 17150" West 200 feet ' to an iron pipe at the Southeasterly corner of said land of Walter H. Maynard and Maxine Maynard, his wife; THENCE along the last described land North 200 181 I-F011West 245,08 feet to the point or place of BEGINNINGg. I �ri f/ . . VFe t..�J '•1i•L V�� TOGETHER with all right,title and interest,if any,of the party of the first part in and to any strr,' roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part iu �2 S� said premises, J (� TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the hr:r• successors and assigns of the party of the second part forever. 7r ,nnr - lV. .� ` CT, a rr • J, ,tp ;t! M 4i 1'S 'ia• lTll 9; AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 1.3 of the Lien Law,covenants that the party of the first part will receive the consideration for tln,conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the i:utpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for .f4+ any other purpose. The word"party"shall be construed as if it read"parties" whenever the sense of this indenture so reyuin•>. IN W(TNFSS WHEREOF,the party of the first part has duly executed this deed the day and year first aluvr ; written. ,s— y IN PRESENCE OF: A y� / /z L le., •••,, O V z Dan RaracTay to u r T set ine Faraa,r ° �o i= rfi; z" J- Y i <;32`9 323 STATE OF NEW YORK.COUNTY OF SUr�'OLK at: STATE OF NEW YORK.COUNTY OF 1 Is: , On the lOth day of r c t ob er 19 67, before me On the day of 19 , before me streets and personally came personally came DAN F&RAD'AYand JOSEPHINE FARADAY in and to to me kriown to ue the individuals described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that :hey executed the soma executed the same. heirs or W!1 tI4V 15'ICR11.Y A4, */Pu. I`i FCPLIC;STATEOPNEVPTORK t.D.Si-a3i9U111 �-' I" ( j,.,fF.l in Snllulk Coady M% rf __ Tom rapiVr)larch 30,196.9 . STATE OF NEW YORk COUNTY OF ss: STATE OF NEW YORK,COUNTY OF ssf iF On the day of 19 before me On the day of 19 before me I personally came Personally came to me known,who,being by me duly sworn,did depose and to me known,who,being by me duly sworn,did depose and sac that he resides at No. say that he resides at No. k j'y that • he is the that he is the of of the corporation described the corporation described rt in and which.executed the foregoing instrument; that he in and which executed the foregoing instrument;that he knows the seal of.said corporation; that the seal affixed knows the seal of said corporation; that the seal affixed to said instrument is such corporate seal; that it was so to said instrument is such corporate seal; that it was so F affixed by order of the board of directors of said corpora- affixed by order of the board of directors of said corpora- tion, and that he signed h name thereto by like order. tion, and that he signed h name thereto by like order. 41i' k' fargaltl anb ffilalit ;BCeb SECTION -t I i ll(-T'II NAANl'AGAINST GRANTOR'S AC'I7S .F No. - T ca I �, C`S I BLOCK _._ LOT DAN FARADAYand wife COUNTY OR TOWN SOUTHOLD TO t llrrq, ?irk P. DENS and wife Recorded At Request of The Title Guarantee Company RETURN BY MA[r.TO: ' IY nl _ • iF`I I t o.&D FORM DF NEW YORK BOARD OF THE UNDERWRITERS Robert J. Glasser, Esq. , Dirtri6trrrd by 11' 71TLE GUARANTEE COAIPANY 385 Broadway Bethpage, New York r, �Fp.J1p I arrF[O 1113 IN New VORN r' L ' RECORDED, •' �:. . . 0 CI 17 1%1 M. NORMAN E. KLIPP , c Clerk of Suffolk CounQp ;I v 2 + - - ' TOWN OF SOUTHOLD PROPERTY RECORD CARD L� OWNER. STREET VILLAGE DIST. SUB. LOT . flan �/ ACR. REMARKS f , d - TYPE OF BLD. q cR b1 — LIQ &,o&4D- ns *01 -a I�?S t dMi r -Ll PROP. CLASS � �'D LAND IMP. • TOTAL DATE h y 4W)C&_ L , . :. �.,. - ��-]�} I�EcY_�IPS �/1t�l,�t W.fif 4ae-- 2 mom ao00 57o1�Ar� 7, r o z 000 7100 9 t 00 a 2.000 i _ — --- _. . FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL F "'�"lip ie� ��' ���-'�jl��_ �� n /•• s 37 i � ;F �� - I h41Bs ' F � � 7IIIy��jl �i - Qti K IM PRIME . 120.-3-5 1/08 5, f 120:3-5 2/05 I At =Bldg. Foundation Bath tension e s do 3 So Basement - Floors ty xtension 'r _ ~ •_. d1 '' xt. Walls j interior Finish tension Fire Placc, Heait Porch Attic Porch Rooms 1st Floor Y 8 3 x a o 9 a3 Patio Rooms 2nd Floor r o 9 SO N.Cv'. 37 'ti a � �n/ ��„� � � al3 Z riy �.�• .!"-T�' :..._i ��� '"'!�.j�� �-. 'y'� :'�'+ �Q-r ..�,�• t, 6� �. ps r ' ..._.. ....... t..�li �i•.+..1.is,.!__,y.. i` r e'er, i 1p i1= _..._ -' .' 2:5 ^.:. n.w'b„`."`._rF.,`�?� =..t.=h.},_ .t s Elf ,R Y A F STREET ] E.VILLAG DISTRICT LOT �['� a F(OR ER �YNE�.tSaQ7 N /� p E C ACREAGE5fld , PIN- :�'-_ ,�.<h.-• � $(� S � ' v' (� TYPE OF BUILDING -� - w t RES. SEAS. VL. FARM comm. I IND.' I CB.' `; I MISO. I v LAND IMP. TOTAL DATE REMARKS c o o f a PLDINGCO.N I - :Sr ��/ �r # � 1 �� /'a76 a- E d /_0 RMAL BEL O ABOVE �Ferm d Acre Value Per Aycre xalue Gam . r Ti bye be)/ 17 Tillable 297 , Tillable, 3 r e U, D xD i�i ON �a �R.['��1h"ayS< Woodland o �3 1� Swampland Brushlarld ' '� _ bcx�. -r, � ,- sus .P 1f`,; House Plot- '" ea".12:e At 0, Can 16 - 5.� 3 12/06/2010 14:48 6317276336 A TOHILL PC PAGE 02/10 STATE OF N$W YORK COUNTY: OF SUFFOLK TOWN OF SOUTHOLD ; LOCAL CRIMINAL COURT ----------------------------------------x THE PEOPLE OF THE STATE OF NEW YORE€, Plaintiff, Docket No. -against- DECISION FRED P. JENS and JEAN C. JENS d/bfa i JENS FLOWER SHOP & GREENHOUSES, Defendant. -. ------------------TIPS------------------x Defendants purchased two adjoining parcels of real property in the Town of Southold. They obtained title by two deeds, one dated October 10., 19671, and one dated September 27, 1969. Throughout defendant's ownership, both parcels have been within the "A" Residential and Agricultural District for zoning purposes. On September 25, 1970, defendant, FRED P. JENS, applied for and was granted a building permit to "build new fiberglass display stand and addition to existing greenhouses" (Exhibit I) on the above-mentioned premises. The defendant did, in fact, build in accordance with the building permit. The "addition" expanded the square footage of the existing building from less than 1000 square :Feet to square footage in excess of 1000 square feet. On March 31, 1983, George H. Fisher, Senior Building Inspecto of the Town of Southold, went to the defendant's premises and observed that the defendant was offering for retail sale agricultural and nursery products in a building or buildings with a floor area exceeding 1000 square feet. At the same time and place Mr. Fisher purchased from 12/06/2010 14:48 6317276336 A TOHILL PC PAGE 03/10 ` f i I defendant one stuffed to burn y. yr a gold colored hanger, and a brown basket, none of which were made or grown by defendant at the .premises. On April 1, 1983, the defendant was given two written orders to remedy violation from the Southold Town Building Inspector's Office. The first order stated that defendants were in violation of Southold Town Code Chapter 100• Cloning) , Article TIi, Section 100-30A(2) (a) l by (having) ". . .products in an area exceeding one thousand (Y,000) square feet -of floor. . .,. " By that order, the defendants were ordered to remedy the alleged Violation on or before "5:00 PM on the second (2nd) day of April, 1983, by closing off or defining an area of one thousand (1,000) square feet. The second order also stated that the defendants were in violation of Southold Town Code Chapter 100 ' (Zoning) Article III, Section 100W30A(2) (a) l by having ". . .sales of products not grown or made on premises.. . ." By the second order, the defendants were ordered to remedy the alleged_ violation.on or before '"5:00 PM on.the second (2nd) day of Aprilr i983, by removing fxom' the sales area all items not made or grown on premises". The defendant took 'no action in response to the two orders. Thereafter, two informations were filed with this court. The first information charges the defendant with two () ':separate counts: Violating (1) Section 100-30A(2) (a) ,[1] of the Code of the Town of -Southold, and (2) Section 100-145. of the Code of the Town of Southold. The alleged violations occurred because *defendant was dis- playing for retail sale 'agricultural, or nursery products in an area exceeding one thousand (I,000) square feet of floor area and for i i -2- { 12/06/2010 14:48 6317276336 A TOHILL PC PAGE 04/10 8� defendant's failure to comply with the first "Order to remedy violation' hereinabove mentioned. The second information charges the defendant with two (2) Separate counts: Violating (1) Section 100-30A(2) (a) [1] Of the Code of the Town of Southold, and (2) Section 100-145 of the Code of the- Town of Southold_ The alleged violations occurred because defendant was selling agricultural and nursery products not primarily grown or made on the premises and .for defendant's failure to comply with the second "order to remedy violation" hereinabove mentioned. The above sections read as follows: S100-30. Use regulations. Xn an A District, no building or premises shall be used, and no building or part of a building shall be erected or altered which is ar'ranged, intended or-designed to be used; in whole or in part, for any uses except the following: A. Permitted uses. (2) The following commercial, agricultural operations and, accessory uses thereto, including irrigation, provided that . there shall be no storage of manure or other odor or dust-producing substance or use, except spraying and dusting to Protect vegetation, within, one hundred fifty (150) 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 thereof in buildings, subject to the following special, requirements: Ell All one-story buildings for dis- play and retail sales of agricultural and nursery products grown primarily on the promises shall not exceed one thousand (1000) square feet in floor area.. . . -3- 12/06/2010 14:48 6317276336 A TOHILL PC PAGE 05/10 f 5100-145. Penalties for offenses. For every Offense against any of the provisions of this chapter or any regulations made pursuant thereto, Or failure to comply with a written notice or order-of the Building Inspector within the time fixed for compliance therewith? the owner, occupant, builder, architect, contractor or their agents or any other person who commits, -takes part or assists in, the commission of any such offense or who shall fail to comply with a written order or notice of the Building Inspector shall, upon conviction, thereof, be guilty of a violation punishable by a fine not exceeding fifty dollars ($50.) or imprisonment for a period not to exceed six (6) months, or both. Each . week's continued offense shall constitute a separate, additional. violation. When the defendant purchased the: property and, subsequently, put on the addition, there was no limitation concerning the allowable square footage for floor area dedicated to the display and ,retail sales. (Building Zone Ordinance,, Town.of Southold, Article III, adopted May 24, 1966) . The section which is now applicable was adopted by the Southold Town Board on November .23; 1971, effective date December 16, 1971. The People argue in respect to the "maximum square footage° charge that the display and retail sales made from the original structure and addition are a permitted use but that defendant must limit the floor area for such use to 1000 square feet. The defendant argues that the addition, a greenhouse structure,' is not a building under the Zoning Ordinance and, therefore, the defendant does not violate the maximum square footage requirement by definition. Both the People and defendant point out that when the addition was constructed, a greenhouse did not require a building permit . II -4- ' 1 I 12/06/2010 14:48 6317276336 A TOHILL PC PAGE 06/10 40 because the Building Department of Southold Town dial not include a greenhouse within its interpretation of the term "building" . The reason was the New York State Building Construction Code exempted non- residential farm buildings, 9 NYCRR 801.2a. The Building Department's interpretation was made even though both the Zoning Ordinance in effect at the time of the addition's construction and the current Zoning Chapter of the Southold Town Code both contained definitions of the term "building".� The interpretation by the Building Department was erroneous The State Building Code and the zoning legislation of the Town of Southold were adopted for separate and distinct purposes, Executive Law, Article 18 9371 and 9390 (now repealed) ; Building Zone ordinance l 4--BUILDING---A structure having a roof supported by walls and when separated' by a party wall without openings,- it shall be deemed• a ' separate building. (Building Zone Ordinance,' Town of Southold, Article 15100 (4) , effective 5•/24/66 through 12/15/71) . BUILDING--Any combination of materials forming any construction, except where entirely underground so as to permit the use of the ground above same as if no "building" was present. The term "build- ing" shall include the term "structure", as well as the following: (1) S•igns. (2) Fences. (3) Walls, other than retaining walls projecting above `,the ground not more than three (3) feet at the higher ground level' and not more than six and one-half (6-1/2) feet at the lower. ground' level. (4) Radio and television receiving and transmitting towers and antennae, except for such antennae installed on the roof of a building and extending not more than twenty (20)• feet above the highest level of the roof of such building. (5) Porches, outdoor bins and other similar structures. (Southold Town Code 5100-13(t)) . I • -5- 12/06/2010 14:48 6317276336 A TOHILL PC PAGE 07/10 Town of Southold (effective 5/24/66 through 12/15/71) Preamble; Southold Town Code, Chapter 100, Zoning, 5100-10. The Building Department was constrained by the definition of building in the applicable zoning ordinance for zoning purposes and could not look beyond the definition contained therein. "It is not allowable to interpret what has no need of interpretation, and when the words have a definite and precise mean- ing, to go elsewhere in search of conjecture in order to restrict or extend the meaning." People v. Shafer, 30 A.D.2d 213, 291 N.X.S.2d 221, 225. Therefore, when the addition was constructed it was a building within the meaning of the Southold Town Zoning ordinance. As urged by the People, the court agrees that the defendant is conducting a permitted use •on the subject premises. The defendant has a nonconforming building existing on their premises~. ' The building existed and exceeded one thousand (1,000) square feet prior to the adoption of Southold Town Code 5100-30A(2) (a) [1] . The only provisions , Of the Zoning Chapter which deal generally with 'all, nonconforming buildings deal with 'restri,ctions on structural, alterations and recon- struction, Southold Town Code 5100-118E and F. The People urge that the final sentence of Southold Town Code 5100-30A(2) (a) tl] requires that the defendant had to reduce the square footage of 'the display area within one (1) year of December 16, 1971. T'he 'portion of that section which the 'defendant is charged with 'violating states in part. "All one-story bvil''&Lhas, (emphasis added) . . .shall not exceed one thousand (1000)' square feet in floor area." The final sentence of i I 12/06/2010 14:48 6317276336 A TOHILL PC PAGE 08/10 that section reads, "Any stand (emphasis added) in existence at the effective date of this chapter must within one - (1) year, comply with all of the provisions hereof. " "The general rule. . .is that zoning ordinances, being in derogation of common law property rights must be construed strictly against the zoning authority.." C. DeMasco Scrap Iron & Metal Corp. v. Zirk, 62 A.D.2d 92, 405 N.Y.S.2d 260, 264. In this case the word building is defined in the ordinance (see above) and the ward "stand" is not. Evidentlye the Southold Town . Board wished to differentiate between "one-story buildings" and a "stand". Therefore, defendant's one-story •building did not fall within the directive to "stands" but rather became a permitted non- conforming use. Southold Town Code §100-118(A) . The defendants are also charged with selling a toy bunny made in Roxea and a basket made in China in violation of Southold Town Code 9100-30A(2) (a) (1] , which is quoted hdreinabove. The information alleges, as the criminal activity, that the "defendants were selling agricultural and nursery products not primarily grown or made on the premises." The ordinance permits Commercial agricultural operations and it is uncontested that, other than the sale of the abovenoted items, defendants operate a commercial-agricultural operation.'•` Tn addition, the ordinance permits accessory.uses to a commercial ag)ci.cultural operation incl.uding' but not limited to "seasonal sales .of products thereof" and the sale of agricultural and nursery products grown pri- marily on the premises. Where is no restriction in the ordinance prohibiting the sale 'of products not Made on the premises. The sale I I I 12/06/2010 14:48 6317276336 A TOHILL PC PAGE 09/10 Of products not made on the premises may or may not be an accessory use to a commercial agricultural operation envisioned by the Town Board when it adopted the section. The toy bunny and basket were surely not grown on defendant's premises. However, the soil, sold with plants in a greenhouse and the containers for plants in a greenhouse are not grown on the premises. It is unclear to this court what the restriction of sales to "products grown primarily on the 'premises" means. Does this refer to volume of weight, volume 'of sales (quantitatively or monetarily) or the length of time the products grev� on the •prezdises? Could this pro- hibition mean that if one is selling products within a one -story building in the 'A Residential and Agricultural District one can sell a greater or lesser variety of products than in a two-story building or outside of any building whatsoever? The defendant is charged with 'violating a criminal statute. "It is a fundamental requirement of due process that a criminal statute must be stated in terms which are 'reasonably definite so that a person of ordinary intelligence igence will ]snow what the •law prohibits or commands." People v. Cruz, 48 N.Y.2d 419, 423 N.Y.S.2d 625, 626; people v. Goodman, 31 N.Y.2d 262, 338 N.Y.S.2d 970-102. "in respe6t to. zoning ordinances, which 'are 'criminal in nature; recgulations limiting the use of property must be striotly construed, and if there 'is any doubt as to their -meaning, it must be resolved in favor of the property owner." Town of Huntington v. Barracuda Transport Co. Inc. , 80 A.D.2d 555, . 435 N.Y.S.2d 354, 356. -8- 12/06/2010 14:48 6317276336 A TOHILL PC PAGE 10/10 Based upon the •foregoi.ng, the court finds the terminology "grown primarily on the premises" as set forth in Southold Town Cade, S100--30A(2) (a) [1l , as unconstitutionally vague as violative of the fundamental requirement of due process. In that accessory uses to commercial agricultural operations are permitted but undefined in the Southold Town Code, the court must resolve the doubt as to whether or not the defendant's sales of the toy bunny and basket are prohibited acts in favor of defendant. The remaining charges of violating the building inspector's order to remedy violations presupposes the existence of violations, and there were none.' All charges against defendants are dismissed. Dated: May 171' 1984 H. P CEO `SOUTHOLD TOWN JU CE SOUTHOLD ZONING BOARD OF APPEALS J In the Matter of Application of Regina's Garden, LLC AFFIDAVIT 1150 Sound Avenue., Mattituck,NY SCTM#1000-120-3-5 Edward Harbes,being duly sworn, deposes and says: 1. I operate with my family a farming business referred to as "Harbes' Farm." 2. My family also owns Regina's Garden, LLC, which has title to a parcel on the south side of Sound Avenue, Mattituck, known as 1150 Sound Avenue, Mattituck(SCTM#1000-120-3- 5). 3. My family operates several farms on Sound Avenue both in Mattituck and in the Town of Riverhead as well as on the Main Road, Town of Riverhead. 4. As a result of the extensive network of farms, we also engage managers, a bookkeeper, a marketing consultant and a human resource adviser. 5. In order to appropriately have this staff work together and in one place we require an office entirely devoted to the farm operation. This is a necessary and incidental part of farming. 6. The site known as 1150 Sound Avenue originally housed Jen's Flower Gift Shop. I continued that use after purchasing the property in 2006. 7. When I determined the flower and gift shop business was not economically feasible, I discontinued this business and had my marketing director use that building. It has been used continuously by the marketing director since the date the gift shop ceased operation to the present. 8. I submit that the farm office on our property at 1150 Sound Avenue is an appropriate and permitted farm use. Edward Harbes SwoFn to before me this lay of November, 2010 a / Denise M. Cu ddy Notary Public Notary Public State of New York No. O1 CU6178519 Suffolk Coup Comission Expires Dec,3,20 ^ X ' STATE OF NEW YORK DEPARTMENT OF AGRICULTURE-AND MARKETS 105 Airline Drive Albany, New York 12235 Division of Agricultural Protection and Detvelopment Services 518-457-7076 Fax.518-457-2716- March 19, 2007 Hon. William McGintee, Supervisor Ms. Sylvia Overby, Chairwoman Town of East Hampton Town of East Hampton Planning Board 159 Pantigo Road 159 Pantigo. Road East Hampton, NY 11937 . East Hampton, NY 11937 Re: Review of the Town of East Hampton's Zoning Code, and the Administration of the same, as it Pertains to the Construction of a Barn/Office on the Whitmore Nurseries Long Lane Tree Farm and the Sale of Nursery Product Within Suffolk County Agricultural District No. 1. Dear Supervisor McGintee and Chairwoman Overby: As stated in my October 18, 2006 letter to Supervisor McGintee, the Department received a request from Richard Whalen, Esq., an Attorney representing Whitmore Nurseries, Inc., to review the Town of East Hampton's Zoning Code as it pertains to the employment of sales staff to sell nursery products on the farm, the employment of administrative staff to coordinate daily farm activities and the construction of a new barn/office to support the farm business and the sale 'of farm grown nursery.products for compliance with Agriculture and Markets Law (AML) §305=a, subdivision 1. The Long Lane Tree Farm is located within Suffolk County Agricultural District No. 1. Whitmore Nurseries, Inc. operates a tree nursery on approximately 67 acres of land which it owns on Long Lane and East Hampton;-Sag Harbor Turnpike (NYS Route 114).in the Town of East Hampton, Suffolk County. Whitmore Nurseries also grows nursery stock on an additional 60 acres of land which it leases on Long Lane, as well as on other land it owns and leases in the Towns of Southampton, Riverhead and Southold. The nursery sells its stock wholesale to landscaping businesses in the East Hampton area and retail to walk-up clientele. The sales staff advise customers in the sale of nursery stock; record sales; work with off-site.landscaping employees regarding the type, size, condition and availability of nursery stock; . and consult with - the nurserymen regarding the demand for nursery stock. The clerical staff at the farm Hon. William McGintee and Ms. Sylvia Overby (cont.) 4(s/ Page 2 serve both the production and sales operations. The duties of the clerical staff include ordering liners for trees and .shrubs, purchasing supplies and materials, answering phones and handling the paperwork necessary for the sale of the nursery stock and to comply with government regulations. Sales records and invoicing are handled by the bookkeeping department which is located off the farm. According to Mr. Whalen, all of the employees at Long Lane Tree Farm are directly involved in either the sale, or growing of nursery stock. Whitmore Nurseries, Inc. also has a landscaping division. However, the business office, employees and vehicles for this portion of the business are located on commercially zoned property in the Town of East Hampton and not on the Long Lane Tree Farm. On September 27, 2004, Dr. Robert Somers, Chief of the Department's Agricultural Protection Unit, toured Long Lane Tree Farm with Messrs. Whalen and Whitmore. Dr. Somers observed that the sales office consists of a reception area, offices and a meeting room and noted that the buildings are modest in size and decor, relative to the size of the operation. In an Opinion issued by former Commissioner Nathan L. Rudgers, dated December 3, 2004 (copy attached), Dr. Somers determined that the activities at Long Lane Tree Farm, including the use of the sales office, qualify as a .farm operation pursuant to AML §301, subd. 11. Mr. Whalen informed the Department that Whitmore Nurseries, Inc.'s activities at Long Lane Tree Farm, as observed by Dr. Somers in 2004, have not changed. Mr. Whalen indicates in a letter to the Department dated April 25, 2006 that the only substantive proposed change to the operation is to replace the existing sales office with a 7,095 square foot building. The building will contain approximately 3,427 square feet of storage space for agricultural equipment and supplies and 3,668 square feet of other space, including offices, meeting rooms and bathroom/shower facilities for the employees. Mr. Whalen states that the current office building is 2,564 square feet and will be removed when the new building has been constructed. . Pursuant to AML §305-a; subd. 1, local .governments are prohibited .from enacting and administering laws that .would unreasonably restrict farm. operations located within an agricultural district unless it can be shown that the public health or safety .is threatened. AML §301, ,subd. 2 defines "crops, livestock and livestock products" to include, among other agricultural commodities, horticultural specialties, such as nursery stock, ornamental .shrubs, ornamental trees and flowers. The Department considers the production, preparation and marketing, at either retail or wholesale, of products grown on the farm (from bare rootstock, seeds, cuttings, plugs, or other immature plants or mature plants that have been planted in the ground at the nursery, or transplanted into larger containers, and cared for and grown for one or more seasons) to be a farm operation. A "farm operation" includes, among other things, activities that contribute to the production, preparation and marketing of crops, livestock and livestock products. Since Whitmore Nurseries, Inc. produces nursery products, it requires staff to serve its wholesale and .retail customers. These staff, which include, but are not limited to, sales agents, laborers, farm workers to plant new crops, and Hon. William McGintee and Ms. Sylvia Overby (cont.) Page 3 office employees/administrative staff are .part of the farm operation. The definition of "farm operation" includes the land, on-farm buildings and equipment needed to produce, prepare and market crops. On-farm buildings " used by Whitmore's administrative and professional staff, as well as -by farm production laborers, are also part of the farm operation. The use of the proposed building to store farm equipment and supplies is also part of the farm operation. Mr. Whalen informed the Department that all agricultural buildings greater than 200 square feet in gross floor area require site plan approval from the Town Planning Board. Whitmore Nurseries submitted an application for site- plan approval;to-,the .. Planning Board on February 27, 2006, which was reviewed by'the Board on April. 5, 2006. JoAnne Pahwul, AICP, the Town's Assistant Planning Director, provided the Planning Board with an initial evaluation of the Long Lane Tree Farm Barn and Cold Frames Site Plan by a memorandum dated March 30, 2006. Ms. Pahwul's memorandum indicates that the Planning Board needs to consider whether Whitmore Nurseries, Inc.'s proposed use of the land falls within the definition of a "Garden Center, which is a prohibited use in a residential zoning district. Ms. Overby indicates in a letter to Mr. Whalen that the Planning Board would refer the application to the Chief Building Inspector for a determination regarding the proposed use of the land. Section 255-1-20 of the Town's Zoning Code defines a "Garden Center" as "[a] business use consisting principally of the'sale or marketing of horticultural commodities (i.e., plants, trees, shrubs or live or'cut flowers), whether at,retail or wholesale and whether raised on the premises or not. A garden center must include a building in which the business of the garden center is transacted. A garden center may also consist of one or more parcels of land on which no building is situated but on which horticultural products are grown or displayed, provided that any such parcels are located within 500 feet of the lot containing the building. Section 255-1-20 of the Code defines "agriculture," in part, as "[t]he cultivation'of the soil, as a commercial or business, enterprise, for food products and other useful or valuable growths of the field, including field crops,. rui S, vegetables, trees, shrubs, plants. and flowers: Agriculture shall be considered a principal use on any lot on which it is conducted...." It appears that the activities conducted by Whitmore Nurseries, Inc. at Long Lane Tree farm would meet both of these definitions. The purpose of an agricultural district is to -encourage the development and improvement of agricultural land and the use of agricultural land for the production of food and other agricultural products as recognized by the New York State Constitution, Article XIV, Section 4. Therefore, generally, agricultural uses and the construction of on-farm buildings as part of a farm operation should be allowed uses when the farm operation is located within a county adopted, State certified agricultural district. Mr. Whalen indicates that Whitmore Nurseries, Inc. is located within the Town's A-5 Residence Zoning District. According to the Use Tables in §255-11-10 of the Code, a garden center is a prohibited use within the Residential Zoning Districts, but agriculture s' Hon. William McGintee and Ms. Sylvia Overby (cont.) (0 Page 4 is a permitted use. If the Town determines that Whitmore Nurseries' activities, including its proposed`use of the land, is a "garden center" and is; therefore, a prohibited or non- conforming use, the Town's determination would, in the Department's view, be. unreasonably restrictive in possible violation of AML §305-a. The Department would appreciate hearing from the Town and the Planning Board concerning the issues raised in this case, including whether the Town and the Planning Board intend to classify Whitmore Nurseries, Inc.'s use and proposed use of the subject land as a "garden center" under the Town's Zoning Code.. If you have any questions concerning this matter, please do not hesitate to contact Bob Somers, Chief of the Agricultural Protection Unit, at (518) 457-2713. If the Town's attorney, Ms. Schoen, has any questions, she may contact Danielle Cordier, Senior Attorney, at (518) 457-2449. Sincerely, William Kimbe Director cc: John Whitmore, Whitmore Nurseries, Inc. Richard Whalen, Esq., Attorney Representing Whitmore Nurseries, Inc. Ken Schmitt, Chair, Suffolk County AFPB Thomas Lindberg, First Deputy Commissioner, Dept. of A&M Jerry Cosgrove, Deputy Commissioner, Dept. of A&M Joan Kehoe, Esq., Counsel, Dept. of A&M Bob. Somers, Agricultural Protection Unit, Dept. of A&M Danielle Cordier, Esq., Senior Attorney,.Dept. of A&M soUjyol Southold Town Hall,53095 Route 25 Robert I. Scott,Jr., Chairman O P.O.Box 1179 Darline J. Duffy,Assessor Southold,NY 11971-0959 Kevin W. Webster, Assessor 3 Fax: (631)765-1356 Telephone: (631)7654937 BOARD OF ASSESSORS Al TOWN OF SOUTHOLD January 24, 2011 Charles R Cuddy Attorney at Law 445 Griffing Ave. Riverhead,NY 11901 Re: SCTM# 1000-120-3-4 - Harbes Farm Rhd East.LLC 1000-120.-3-5—Regina's Garden LLC Dear Mr. Cuddy, The above-referenced parcels are located in the Suffolk County Agricultural District#1. If you have any additional questions,please do not hesitate to give our office a call. Sincerely, . Kevin W. Webster Assessor KWW/cg MAILING ADDRESS: PLANNING BOARD MEMBERS OF SU(/ P.O. Box 1179 MARXIN H.SIDOR O�� jyOl Southold,NY 11971 s f►�' their OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 O \ JOSEPH L.TOWNSEND �� (cor.Main Rd. &Youngs Ave.) 7/ DONALD J.WILCENSKI �IiYCOU '� Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD RECEIVED MAY 0 6 2010 MEMORANDUM BOARD OF APPEALS r� To: Leslie Weisman, ZBA Chairperson H Members of the Zoning Board of Appeals From: Martin H. Sidor, Chair Members of the Planning Board Date May 3, 2010 Re: Request for Comments for Edward Harbes for Regina's Garden SCTM#1000-120-3-5 ZBA#6388 The Planning Board received your request for comments regarding the above referenced application in connection with a site plan application under the name Edward Harbes for. Regina's Garden. The site plan is to convert an existing building formerly used a retail flower shop approximately 1,400 sf to an office in connection to the farm use on just over an acre of property in the AC zoning District: The application has been reviewed for site development and the following comments are for the Zoning Board's consideration: 1. The site has been previously developed having existing farm building located on site. 2. The building subject of this application is approximately 1,400,s.f. and is not changing in size. The use being proposed is for an office as part of the overall agricultural use of the site. 3. The proposed use a farm office is tied into the surrounding farm operation and would be in keeping with the nature and character of the area 4. The proposed farm office is considered a less intense use to that of a retail flower shop. The office is not open to the public having only 2 employees however a conference room is considered. 5. As part of the site plan review, on site parking will need to be reviewed and considered as part of the overall site plan. 1 :;.. RECEIV, rlt' MAY 0 6 2010 ZBA# 6388 Page 2 BOARD OF AppEANay 3 2010 Based on the above reasons,the Planning Board has no objection to the requested variance relief requested on the basis the building is existing,not changing in size and appropriate for the overall use of the site and building. If you should have any questions or require additional information,please do not hesitate to contact the Planning Office. 2 BOARD MEMBERS if$BUT Southold Town Hall Leslie Kanes Weisman,Chairperson �0�� yO�O 53095 Main Road•P.O. Box 1179 Southold,NY 11971-0959 James Dinizio #it Office Location: Gerard P. Goehringer G Town Annex/First Floor,Capital One Bank George Horning �p �� 54375 Main Road(at Youngs Avenue) Ken Schneider Iycou Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 July 30, 2010 Monica Harbes Regina's Garden P.O. Box 1524 Mattituck,NY 11952 RE: ZBA Application#6388 Dear Ms. Harbes: Your application for a variance has been adjourned to September 23, 2010 at 1:00 P.M., a representative must attend. You will receive information regarding notification of the neighbors and a sign to post on the property in the mail a few weeks prior to your hearing date. Please be sure to follow the instructions and provide the office with the required documentation prior to the Hearing. If you have any questions,please contact the office. Thank you for your attention to this matter. Sincerel Vicki Toth Board Assistant BOARD MEMBERS ��OF SOUr�o Southold Town Hall Leslie Kanes Weisman, Chairperson l0 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio Office Location: Gerard R Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning 'gyp �� 54375 Main Road(at Youngs Avenue) Ken Schneider IyCQU ,� 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, FEBRUARY 3, 2011 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, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, FEBRUARY 3, 2011: 1:00 PM - REGINA'S GARDEN LLC #6388 - (Re-opened from 10/21/10PH) Request for Variance from Code Sections 280-13 and 280-14, based on an application for building permit to operate a farm office in a non conforming building, and the Building Inspector's March 10, 2010, Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted and exceeds the code permitted number of uses per the Bulk schedule. Location: 1150 Sound Ave., Mattituck. SCTM#1000-120-3-5. 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: Vicki.TothP-Town.Southold.ny.us . Dated: January 10, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0969 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, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hU://southtown.northfork.net January 7, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday,February 3, 2011 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 Times Review newspaper. 1) Before January 17th: 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 January 24th: 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 January 26th: 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 1, 2011. 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. NOTICE OF — HEARING The following application will be heard by the Southold Town Bc and of Appeals at Town Hall, 53095 Main Road, Southold: FAME : HARBES FOR REGINA'S GARDEN # 6388 J CTM # : I 000= 1 20=3=5 VARIANCE: EXCEEDING NUMBER OF USES VEQUESTO FARM OFFICE DATE : THURS , FEB . 3 , 2011 1 : 00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 ti`` 10101 w STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 20th day of January, 2011. 'Principal Clerk � 1, Sworn to before me this JAI day of 2011. l ' 1/1/JA-h tj-k Lt 11vu /CHRISTIIVA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORX No. 01-V06105050 Qualified In Suffolk County My Commlowon Ea01r51e8 F91RU&t(y 29, 20,I bulk schedule (minimum 40,000 square feet from the front lot line,3)less than feet in this R-40 Residential Zone Dis- 35 feet from the rear lot.line,4)less than trict) this lot is merged with lot 12 to 25 feet for both (combined) minimum' the west,at:18525 and 18375 Route 25 side yard setbacks,5)exceeds the code Mattituck, NY. SCTM#1000-115-2-13 limitation of 20% maximum lot cover- and 12. age(building area).Location of Prop.,, 10 30 A.M.-JEFF ANDRADE#6435 ty:2600 Takaposha Road,(adj..to Corey —.(adj.from 1/6/11PH)Request for Vari- Harbor)Southold;CTM 1000-87-6-4. ante from Code Section 280-13 and 280- 1:00 P.M. - REGINA'S GAR- 15 and the Building Inspector's Septem- DEN LLC #6388 - (Re-opened from ber 29,2010 Notice of Disapproval based 10/21/10PH).Request for Variance from on an application for building permit to Code Sections 280-13 and 280-14,based construction an accessory structure 1) on an application for building permit to proposed building.is not accessory to operate a farm office in a non conform- _ existing structure,2)accessory structure ing building, and the Building Inspec- LEGAL NOTICE exceeding the maximum 750 sq.ft. al- tor's March 10,2010,Notice of Disap- SOUTHOLD TOWN lowed per code;at:43850 Main Rd.(SR proval stating that the proposed use on ZONING BOARD OF APPEALS 25),Peconic,NY.SCTM#1000-75-64. this parcel in the AC zone is not per- THURSDAY FEBRUARY 3,2011 10.50 A.M.- NANCY D ARNZEN mitted and exceeds the code permitted PUBLIC HEARINGS IRREVOCABLE TRUST#6446-Ap- number of uses per the Bulk schedule. NOTICE IS HEREBY'GIVEN,pur- plicant requests. a Special Exception Location: 1150 Sound Ave.,.Mattituck. suant to Section 267 of theTown Law and under Article III,.Section 280-13B(13)._ SCTM#1000-120-3-5. Town Code Chapter 280(Zoning),Town The Applicant is the owner requesting Carryover Hearings,continued from of Southold,the following public hear- authorization to establish an Accessory prior meetings and pending additional ings will be held by the SOUTHOLD Apartment in an accessory structure information: TOWN ZONING BOARD OF AP- at:145 Wavecrest Lane,Mattituck,NY. Adjourned from Public Hearing Jan- PEALS at the Town Hall,53095 Main SCTM#1000-100-1-12. uary 6,2011: Road, P.O. Box 1.179, Southold, New 11.15 A.M.-JOHN and DANIELLA 1:30 P.M. - 4170 INDIAN NECK York 11971-0959,on THURSDAY FEB- VENETIS#6313—(Re-opened by Res- LANE HOLDINGS#6443 RUARY 3,2011: olution to clarify the record) Requests 2:00 P.M.-LOTS ABRAMCHIK and 9:30 A.M.- MARY ANN PRICE for variances under Sect.280-116(B)and BARBARA CAVALLO#6436 #6447—Request for Special Exception 124,based on the Building Inspector's The Board of Appeals will hear all under Chapter 280-45B(8). Owner re- August 17,•2009 Notice of Disapproval persons or their representatives, desir-- quests authorization to operate a flea concerning an application for demolition ing to be heard at each hearing,and/or market at:730 Love Lane Mattituck,NY. and a building permit for a new single desiring to submit written statements SCTM#1000-140-2-18. family dwelling at;1)less than the code before the conclusion of each hearing. 9:50 A.M:WILLIAM C.GOGGINS required minimum setback of 75 feet Each hearing will not start earlier than and DONNA M. GOGGINS #6444 - from a bulkhead,2) less than the code designated above.Files are available for Applicant requests a Special Exception required front and rear yard setback of review during regular business hours under Article III,Section 280-13B(13). 35 feet,3) less than the code required and prior to the day of the hearing.If The Applicant is the owner requesting combined side yards of 25 feet,4)more you have questions,please contact our authorization to establish an Accessory than the code required 20%lot coverage office at. (631.) 765-1809, or by email: Apartment in an accessory structure at; (buildable area),5)280-a access,at:2600 Vicki.Toth@Town.Southold.ny.us'. 8755 New Suffolk Road (Fifth Street) Takaposha Road,(adj.to Corey Harbor) Dated:January 10,2011 (adj.to Great Peconic Bay)New Suffolk, Southold;CTM'1000-87-6-4. ZONING BOARD OF APPEALS NY SCTM#1000-117-10-14.1.. 11:15 A.M.-JOHN and DANIELLA LESLIE KANES WEISMAN,CHAIR- 10:10 A.M.- IRENE RUTKOWSKI VENETIS#6396—(Re-Opened by Res- PERSON ESTATE#6445-This is a request for a olution to clarify the record) Requests BY;Vicki Toth Waiver under Code Article II,Section for Variances under Sections 280-116-B 54375 Main Road(Office Location) 280-10A, to,unmerge land identified. and 280-124.based on the Building In- as SCI'M #1000-115-2-13,based on the spector's April 20,2010 Notice of Disap- P.O.Box 1179 Building Inspector's November 16,2010 proval concerning an application for re- Southold,NY 11971-0959 Notice of Disapproval citing Zoning construction and second floor addition, 10,101-1T 1/20 Code Section 280-10A,which states that which new construction will be:1)less the nonconforming lots merged until than the code-required minimum of 75 a total lot size conforms to the current. feet from the bulkhead,2)less than 35 BOARD MEMBERS _ Southold Town Hall Leslie Kanes Weisman, Chairperson o�pE SO(/ryl 53095 Main Road•P.O. Box 1179 � O Southold,NY 11971-0959 James Dinizio Office Location: Gerard R Goehringer G Q Town Annex/First Floor,Capital One Bank George Horning p �� 54375 Main Road(at Youngs Avenue) Ken Schneider IyCQUM 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, DECEMBER 2, 2010 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, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, DECEMBER 2, 2010: 1:30 PM - REGINA'S GARDEN LLC #6388 - (Re-opened from 10/21/10PH) Request for Variance from Code Sections 280-13 and 280-14, based on an application for building permit to operate a farm office in a non conforming building, and the Building Inspector's March 10, 2010, Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted and exceeds the code permitted number of uses per the Bulk schedule. Location: 1160 Sound Ave., Mattituck. SCTM#1000-120-3-5. 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: Vic ki.TothCa_Town.South old.ny.us . Dated: October 29, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZONING .BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK RECEIVED . x . In-the Matter of the Application of JAN -•.•I %�011 AFFIDAVIT Regina's Garden, LLC . BOARD C (Name of Applicants) pPp CTM Parcel#100.0- 120 - 3 - 5 COUNTY OF SUFFO_ - STATE.OF-NEW. YORK)' 1 I.. IwQna•Kodym Bergen:. Avenue, residing at. Mattituck , New York, being duly swom,.,depose'a`n say that:* 4n she 14th 'day of January, '2011 200 , I personally,mailed at the.. . i United<-States:Post Office in Ri3TPrhpad New York, ;by CERTIFIED:. MAIL, :RETURN• RECEIPT.R1 00EESTED, a true. copy.-of the'attached. Legal Notice in prepaid:'envelopes,addressed to current owners shown: on the current assessment.roll verified from the official records on file with the( ) Assessors, or . (- }. -County' Rest Proper(y'Office' for every. property which abuts:and is across a public or pOvate street 'or vehicular right-of- :. way of record, surrounding the applicant's property, '14p,p' i (81 jnature) . 8wom to bdfor a this 1206 Mary Louise Santacroir Notary Public State of New York No.o1SA60"325 Suffolk County Otal'y PUt7II6). •. Commission Expires Nov.20,201 -'LEASE list, on the,bask 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. SCTM# 100-07120-04-1 G Charles P. Simmons 221 W 82nd Street pp New York, NY 10024-5406 �D SCTM# 1000-120-3-4 Harbes Farm RHD East, LLC 715 Hallock Ln. Mattituck, NY 11952 SCTM# 1000-120-3-6 Gail Dessimoz Michael Racz 100 Vandam Street New York, NY 10013-1024 SCTM# 1000-120-3-11.10 Edward Harbes -Trust 555 Sound Avenue Mattituck, NY 11952 SCTM# 1000-120-01-4 Harbes Farm Mattituck, LLC 715 Hallock Ln. Mattituck, NY 11952 SCTM# 1000-112-01-8.2 Mario. Pangari Maria Pangari 3 Susan Ct. Glen Cove, NY 11542-3336 0 ,:m Io n CO1 ErGL CdV Pt ZX54 • l L= L i Cr . TITI EK i Y-119 A � ' w $0.44 09Q1 )rp ;m Postage $ '_ •r'' m Postage $ $0.44 ;t401 s Ir / Er d m Certified Fee m $' 80 °�3�'� Poe Certified Fee c. _ ^ tmark pJ Her S O Return Receipt Fee $2.3 y I 3 Return Receipt Fee �a 0 (Endorsement Required) f (I EC3 (Endorsement Required) $2.30 �L $0.0 r�� O Restricted Delivery Fee � Restricted Delivery Fee (Endorsement Required) d o (Endorsement Required) $0.40 06� a p $5.54 6 t}\ 11 �\fr � Total Postage&Fees r 1 Total Postage&Fees $ $5.54 :2- - m m sMario and Maria Pang ari ! Sent To LLC Ur --------------------------------- - 1°^ Harbes Farm Mattituck, ---------- O Street,Apt•No.; 0 meet,Apt.hto.; or PO Box No. 3 Susan- C t_ O or PO Box No. .---- �` Cjry State,ZIP+4 715__Hallock Ln •________________________________ 11542-3336 C(ty State,"P+ Glen Cove NY tuck, NY 11952 a s AIL I 1 Mij CERTIFIED MK RE, rape '.m I, O . � f ED • . . o Er Er ,! (_fir fit/ n �( ryry+� CD •t I,t LS", Ea NEW-"YO NY 10913 fl L $6.-y '! t. Q' ". r a Ica u u w �4ATTITIiCK O 1�95�� � $0.44 (�1 I m Postage $ �0�•� I�. F. ' SdSm, postage $ $0.44 0�0 m Certified Fee 0 s t ark m Certified Fee $"' �y � o $0 _—` Postmark ' Receipt F �� er C3 Return Receipt Fee /i re O C�//� ® Return Rece Fee (Endorsement Required) $ au n (Endorsement Required) $2.30. �� 0 Restricted every Fee �j I Delivery ,.t" CI Restricted Delivery Fee (Endorsement Required) �$ \�� (Endorsement Required) $0.00 b \�, 1C3 o Total Postage&Fees $ $5. / 01 r 9 m $5.54 01 1� �- Total Postage&Fees $ I FentTo mSent ToI� Dessimoz and Michael Rac-- __________________ Ir Edward Harbes Trust0 ----- ------------------------------ t.No.;0 No. 100 Vandam Stre__e__t_ ______-_ Street Apt.No.;------- ---- - o or Po6oxNo. 555 Sound__Avenue _ _ �` CiryState,ZlttltuCk, NY 11952 I Postal Irm CERT p ` I C3 _fDomestic Mail only;No insurance ove I• ;1 I WX°^ MATT�T M'q 1 952�, � L U � wcrrrn �I E I Er Postage $ $0.44�'`S d�74 �!E(1 ?60��1 10�t4 CO I m Certified Fee $2,.80 03 P tmark M Postage $ $0.+44 0 90� TI II c l `C p Return Receipt Fee c m $2.80 � $2 Certified Fee M Pos� r ID (Endorsement 1:3 Return Receipt Fee t 1 O Restricted Delive Fee a ry �� I '� (Endorsement Required) $t 30' (Endorsement Required) $0 � E:3 Restricted Delivery Fee � Total Postage&Fees $ $5.54 11 O (Endorsement Required) $0.00 m ra $ $5.54 01/14/'011 ent To Total Postage&Fees +- ,Er Harbes Farm RHD East, -LLC ________________________ m ----- - --- - - O �trereet,A'pt-No.; Sent To 0 orPOBoxNo. 715 Hallock Ln:--------_--------------------------- Er Charles P. Simmons --------------------------------- City State,ZIP+4 -- ----•------ - C] �ireet,Apt.No.; Mattituck a or PO Box No.221 W_82nd__Street---------------------------------- • _' City,Siaie,ziP+ 4New York, New York 10024-5406 :rr rr. 1 SENDER: COMPLETE THIS SECTION COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A ign f item 4 if Restricted Delivery is desired. X ❑Agent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. B. Received by(Printed ■ Attach this card to the back of the mailpiece, Name) C. t to Delivery / or on the front if space permits. M ON I ov H'�}'l201 6� ► (' D. Is delivery address different from item 1 ❑ es I 1. Article Addressed to: If YES,enter delivery address below: ❑ No y ' Edward Harbes Trust 555 Sound Avenue �-v U C/ Mattituck, NY 11952 ��� � �b 6� I Sa r'Y rvice Type �j/ Certified all ❑Express Mail G ❑Registered WRetum Receipt for Merchandise SPS ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number, : :: ; : ; ; :; ; : 7 D D 9i 3 4 I f 1D 00D0 391 9897 (Transfer"from'service label) i i; +: i PS Form"t3811 .February".2004 i Domestic Return Receipt 102595-02-M-1540 COMPLETE • •MPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. Signat item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X ❑Addressee i so that we Can return the card to you. B. Received by(Printed Name) C.late of Delivery ■ Attach this card tothe back of the mailpiece, �or on the front if space permits. (�M I r✓f� >�"��S d I t I D. Is delivery address different from Rem 1 ❑ es 1. Article Addressed to: If YES,enter delivery address below: ❑No Harbes Farm RHD East, LLC 715 Hallock Ln. P 0 b U �-K Mattituck, NY 11952 MAT I ( i Service Type ® Certified Mail ❑Express Mail C � ! -0 Registered l?l(Retum Receipt for Merchandise S -,4 Insured Mail ❑C.O.D. Restricted,Delivery?(Extra Fee) ❑Yes { 2. Article Number: J 7009 3.4°10i OD0.0 �3938 9910- I (transfer from seivloe lalielf i;i t t i!d i :c :r , i s 'il PS4Form 3811,Februay 2004E 11 l Domestic Return Receipt tD2595 fit M 1540 ■ Complete items 1,2,and 3.Also cor: .;; ,. . A. Si re item 4 if Restricted Delivery is desired.' ❑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, i or on the front if space permits. 1. Article Addressed to: D. Is delivery address different from Rem 1? ❑Yes i If YES,enter delivery address below: ❑No Gail Dessimoz I Michael-. Racz 100 Vandam Street I New York, NY 10013-1024 I 3. ice Type I Certified Mail ❑Express Mail ❑Registered I(Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Fdra Fee) ❑Yes 2. Article Number: • , - (Transfer from service label) I ! - I 9 9 i,3 4{10r;0 0 0 0 ,3 9;3 8 i 9:9 0 3 I PS Form 38:11,February 2004 i i DomesticiReturn Receipt 102595-02-hA-1540 k3V P COMPLETE THIS SECTION ON D A. Sig u ❑Agent ■ Completa items 1,2,and 3.Also complete ❑Addressee item 4;if is desired.Restricted Delivery' X C p p I• ery ■ Print g c ved by(out name and address on the reverse pd d Name) so tha 4.6;can return the card to you. B. y ■ Attac} thjs card to the back of the mailpiece, or on` he front if space permits. D. Is delivery address different from item ? 1--3 No 1. Article Addressed to: If YES,enter delivery address below: 'J. Mario:Pangari .- Maria Pang�ri ....:, 3 Susan Ct• 11542-3336 Glen Cove, 3. Se ice Type Se Mail ❑ExpressMail 11 [3 Registered �Retum Receipt for Merchandise i ❑insured Mail s�"�O•D. ❑Yes 4. Restricted Delivery?(Extra Fee) ;7009 3410, .0000 ; 31938 9873 2. Article Number ' •; ,i • :.; ( it i ,(Transfer,fronj..sq'' 'label) t , =,_ - --- 102595-02-M-1540 . I "k Domestic Return Receipt PS"Form.3,811,February 2604 s ' ign A. r [3 Agent ■ Complete items 1,2,and 3.Also complete ElAddressee item 4 if Restricted Delivery is desired. X ■ Print your name and address on the reverse C, ate of Delivery so that we can return the card to you. B.,Rece0'�v by(P��nte,d ra ?t 1 (l ■ Attach this card to the back of the mailpiece, �� []Yesor on the front if space permits. v C ii )- Igelivery address different from item 1? ❑No S,enter delivery address below: i 1. Article Addressed to: Harbes Farm Mattituck, j JAN 715 Hallock Ln• 6�V— Mattituck, NY 11952 US P $e ice Type Express Mail Kertified Mail [3Exp ❑Registered $l Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery? Extra Fee) ❑Yes �0 9° 341': 7 0 ',DODO :3 2. 9880 2. Article Number, '. ` : '.. .s ; t:t i I it ;,! It (Transfer from service label)', .' 102595-02-M-1540 PS Form'3811,Febr6ary 2004 Domestic Return Receipt ■ Complete items 1,2,and 3.Also complete A. Sigpatur Agent item 4 if Restricted Delivery is desired. X ❑Addressee ; ■ Print your name and address on the reverse so that we can return the card to you. B. R'ceiv by Tinted Na e) C. Date of all 1 ■ Attach this card to the back of the mailpiece, or on the front if space permits. D. Is del very address diffe. item 1? es 1. Article Addressed to: If YES,enter delivery ad oar. ❑No Charles P. Simmons /�}A,. 221 W 82nd Street ' New York, NY 10024-5406 i 3. Service Type Certified Mail ❑Express Mail ❑Registered "etum Receipt for Merchandise ❑Insured Mail a C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes { 2. Article Number 7009 3410 0000 3938 9927 (Transfer from service label) v PS Form 3811;February 2b04 Domestic Return Receipt 102595-02-M-1540' ZONING BOARD OF .APPEALS TOWN OF SOUTHOLD, NEW YORK -----------------------------------------------------X In the Matter of the Application of AFFIDAVIT Regina Garden's, LLC OF SIGN (Name of Applicants) POSTING Regarding Posting of Sign upon Applicant's Land Identified as 1000- 120 - .3 5 ------------7----------------------------------------- COUNTY OF SUFFOLK) STATE OF NEW YORK) I,. Charles R. Cuddy residing at_Marratooka Lane, Mattituck , New York, being duly sworn, depose and say that; On the Tim day of January, 201,1 I personally placed the Tovm's official Poster, with the date of hearing 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 days prior to tl:lat date of the subject hearing date, which hearing date was shown to be February 3, 2011 (Signature) Sworn to before me this �I S�-day of f,,u,ar7 , 2001 (LW kO-- Notary Public, KO DYM State (Notary Public) ryNo. 01�KO6088386wYork Qualified in Suffolk County Commission Expires March 3, 20Cf *near the entrance or driveway entrance of r��ptoeashe�r�at } ��ar ZONING BOARD OF APPEALS gy 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, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: htW://southtown.northfork.net November 1, 2009 Re: Town Code Chapter 55 — Public Notices for Thursday, December 2, 2010 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 Times Review newspaper. 1) Before November 16th: 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 Town Assessors' Office located at Southold Town Hall, 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 November 22 nd: Please either mail or deliver to our office your Affidavit of Mailing'(form enclosed) with parcel numbers, names and addresses noted, and furnish to our office 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 November 24th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no 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 available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before November 30, 2010. 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. NOTICE OF HEARING The following application will be -heard by the Southold Town Board of Appeals at Town Hall, 53095 ' Ma' i.n Road-, Southold: i•IAME : HARSES FOR REGINA'S GARDEN 6388 . SCTM # : 1 000- 1 20-3-5 VARIANCE . 1EXCEEVING NUMBER ".0F USES REQUEST: FARM OFFICE DATE : THUR-S ,. DEC . 2 , 201 0 m30 PM If you are interested- in this project, you may review the files) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 V 10015 NOV 3 2010 STATE OF NEW YORK) WARD OF APPEALS SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 18th day of November, 2010. Principal Clerk Sworn to before me this day of 2010. LEGAL NOTICE t4 SOUTHOLD TOWN IIIAVI IV/i , 10:30 AM - ANDREW GREENE /ZONING BOARD OF APPEALS L`S'I THURSDAYDECEMBER2,2010 #6429 - Applicant requests a Special HRINA VOLINSKI PUBLIC HEARINGS Exception under Article I1I, Section NOTARY PUBLIC-STATE OF NEW PORK NOTICE IS HEREBY GIVEN,pur- 280-13B(13).The Applicant is the owner suant to Section 267 of the Town Law and requesting authorization to establish an No, 01-Y06106060 Town Code Chapter 280(Zoning),Town Accessory Apartment in an.accessory Qualified In Suffolk County of Southold,the following public hear- structure. Location: 30653 Route 48, My GOHtC+illill li kplF*�P@W4! y 981 PAIR ings will be held by the SOUTHOLD (adj.to Long Island Sound)Peconic,NY TOWN ZONING BOARD OF AP- SCTM#1000-734-5. tion of a new single family dwelling at;PEALS at the Town Hall,53095 Main 10:50 AM-ANNE MARINO AND 1)less than the code required bulkhead code required 660 sq.ft.Location:405 Road, P.O. Box 1179, Southold, New ° BERNARD TELSEY#6432-Re uest setback.of 75 feet,2 less than.the code R'ri�ate Rd.#3 and ROW,(adj.to Jockey for Variance from Article III,Code Sec- re uired minimum side and setback of K,.`j k),Southold,NY. SCTM#1000-70- York 11971-0959,on THURSDAY DE- q y 6-: CEMBER 2,2010: tion 280-15,based on an application for 10 feet,3) less than the code required 9:30 AM-MICHAEL J.and KATH- building permit and the Building In- total combined side yards of 25 feet,4) i-N PM-THOMAS V.PERILLO LEEN M.HANNAFIN#6427-Request spector's September 20,2010 Notice of less than the code required rear yard set- M.#6425-Request for Variance from for Variance from Code Sections 280- Disapproval, concerning proposed ac- back of 35 feet.Location:1595 Bayview Article III,Code Section 280-15,based 124,based on an application for building cessory in-ground swimming pool at:1) 'Ave., (adj. to Arshamomque Harbor) on an application for building permit and permit and the Building Inspector's Sep- location other than the code required Southold,NY.SCTM#1000-52-5-9. the Building Inspector's September 23, tember 20,2010 Notice of Disapproval, rear yard.Location:465 Old Harbor Rd. Re-opened from Public Hearing Oc- 2010,amended October 20,2010 Notice concerning proposed additions and al- (ROW),New Suffolk,NY.SCTM#1000- tober 21,2010 of Disapproval,concerning proposed ac- terations_to existing single-family dwell- 117-3-11.5. 1:30 PM - REMNS GARDEN cessory garage at:1)less than the code ing, at 1) less than the,code required 11:10 AM-DONALD B.and JANIS LLC#6388-Request for Variance from required side yard setback of 10 feet,2) front yard setback of 35 feet,2)less than G.ROSE#6430-Requests'for variances Code Sections 280-13 and 280-14,based location other than the code required the code required rear yard setback of from Code Section 280424,based on an on an application for building permit to rear yard.Location:1410 Great Peconic 35 feet.Location;280 Munn Lane Ori- application for building permit and the operate a farm office in a non conform- Bay Blvd.,Laurel;NY.SCTM#1000-145- ent,NY SCTM#1000-17.4-2. Building Inspector's September 10,2010 1 ing building,and the Building Inspec- 9:50 AM-HENRY L.FERGUSON Notice of Disapproval concerning re- tor's March 10,2010,Notice of Disap- The Board of Appeals will hear all MUSEUM INC.#6431..Requests for construction of a single family dwelling: j proval stating that the proposed use on persons or their representatives, desir- variance from Code,Section. 280-14, (1)less than the code required combined this parcel in the AC zone is not per- tng to be heard at each hearing,and/or based on an application for building side yard setback of 25 feet(2)less-than mitted and exceeds the code permitted desiring to submit written statements permit and the Building Inspector's the code required rear yard setback of number of uses per the Bulk schedule. before the conclusion of each hearing. September 20,.2010 Notice of Disap- 35 feet.Location;145 King Street ori- Location: 1150 Sound.Ave., Mattituck. Each hearing wilt not start earlier than Ant,NY.SCTM#1000-26-1-23. SCTM#1000-120-3-5. designated above.Files are available for proval concerning.a lot line change:two review.durin regular business hours nonconforming. lots at less than the arryover meetin Hearings,a d pending additional tobenued from r2l 2010:rned from Public Hearing Oc- and prior to he day of the hearing. If code required : Clay 0 sq.ft.in a R120 prior g p g ' you.have questions,please.contact our zone. Location: Clay Point.Rd. (adj. information: 2:00 PM - MARK and SHARON to West Harbor), Fishers Island, NY Adjourned from Public Hearing Sep- MELNICK #6426 - Request for Vari- office at (631) 765-1809, or by email: SC71`M#'s:1000-7-1-6.1;7&p/o 10. tember 23,2010: ance from Article III,Code Section 280- Yic-ki-Toth@Town.Southold.ny.us. 10:10 AM-CHESTER and WENDYAM-CHESTER and WENDY 1:00 PM-LOUIS and ELIZABETH 15,based on an application for building Dated:November 1,2010 FRISZOLOWSHI#6434-Applicant re- MASTRO If6417-Request for Variance permit and the Building Inspector's Sep- ZONING BOARD OFAPPEALS from Code Sections 280-116(B)and 280- tember 23,2010,amended October 1.3 LESLIE KANES WEISMAN,CHAIR. quests aSpecial Exception under Article � III,Section 280-13B(13),The Applicant 124,based on an application for build- 2010 Notice of Disapproval,concerning PERSON is the owner requesting authorization tng permit and the Building Inspector's proposed accessory garage at 1)less than BY:Vicki Toth to establish an Accessory Apartment June 14, 2010, amended September 8, the code required front yard setback of 54375 Main Road(Office.Location) 2010,Notice of Disapproval concerning 35 feet both front yards,2 less than the 53095 Main Road(Mailing/USPS) in an accessory structure. Location: y ) P.U.Box.1179 1905 Stillwater Ave., Cutchogue, NY. proposed demolition and recoustruc- code required side yard setback of ; SCTM#1000-103-8-1. feet,3)square footage of more than the Southold,NY 11971-0959 10.015-IT 11/18 BOARD MEMBERS ��OF SUUjo Southold Town Hall Leslie Kanes Weisman, Chairperson lG 53095 Main Road -P.O. Box 1179 Southold,NY 11971-0959 James Dinizio #t Office Location: Gerard P. Goehringer G Town Annex/First Floor,Capital One Bank George Horning 'p �� 54375 Main Road(at Youngs Avenue) Ken Schneider CQ��(,N 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, SEPTEMBER 23, 2010 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, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, SEPTEMBER 23, 2010: 1:00 PM - REGINA'S GARDEN LLC #6388 - (adj. from July 29, 2010) Request for Variance from Code Sections 280-13 and 280-14, based on an application for building permit to operate a farm office in a non conforming building, and the Building Inspector's March 10, 2010, Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted and exceeds the code permitted number of uses per the Bulk schedule at: 1150 Sound Ave., Mattituck. SCTM#1000-120-3-5. 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: Vic ki.TothO-Town.South old.ny.us . Dated: September 1, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 \K - 4� 9914 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 has been regularly published in the Notice of which the .annexed is a printed copy, said Newspaper once each week for 1 , week(s), :successively, commencing on the 9tn day of September, 2010., Principal Clerk ;. .. 2010, Sworn to before me this ( day of NOTARY i t .,..� v:' i W.1'_RK county .3)less than the code required total com- -i EG�►T NOTICE bined side yards of 25 feet,4)less than on the Building Inspector's July.14;2010 �SOUTHOLD TOWN , the code required rear yard setback of Notice of Disapproval citing Zoning Adjourned from Public Hearing June ZONING BOARD OF APPEALS 30,2010: TgURSDAY SEPTEIVIBER 23,2010 `; 35 feet,5)more than the code required Code Section 280=10A,which states that 2:00 PM-SIM MOY#6383. PUBLIC HEARINGS total lot coverage of 20%,at:780 Rabbit the.nonconforming lots merged until Adjourned from Public Hearin&July NOTICE IS HEREBY GIVEN,pur-, �•,(adj.to Gardiner's Bay)East Mari- a total lot size conforms to the current 29,2010: on,NY SCTM#1000-31-18-17. bulk-schedule(minimum 40,000 square 2.30 PM-JOHN I- and HARON I suant to Section 267 of theTown Law and 10:40 AM - CiJTCHOGUE NEW s'feet in this R-40 Residential Zone Dis- WREN#6389 Town Code Chapter 280(Zoning),Town SUFFOLK K HISTORICAL-COUNCIL trict)this lot is merged with lot 10 to the Pe- of Southold,the following public hear- #6416 &6420- Request for Variance south,.at:355 and 405 Robinson La.,Pe- The Board of Appeals will hear all ings will be held by the SOUTHOLD from Special Exception.per Code Sec- conic;NY SCTIvi#1000-98-5-9 and 10. persons or their representatives,desiring TOWN ZONING BOARD OF.AP- d5 kM •LOUIS and ELIZA- to be heard at each hearing,and/or desir- PEALS at the Town Hall,53095 Main: lion 280-13B(15) and Variance from BETH MASTRO#6417-.Request for ing to submit written statements before Code Section 280-18 based on an appli- VariancefrontCodeSections280-116(B) the conclusion of each hearing. Each Road, P.O. Box 1179, Southold, New cation for building permit and the Build- York 15971-0959,on THURSDAY SEE ing Inspector's July 19;2010,Notice of and 280-124,based on an application.for hearing will not start earlier than desig- TEMBER 23,2010: Disapproval concerning.construction of building permit and the Building Inspec- vienat d above. Files are available for re- tor's June.14, 2010, Notice of Disa view during regular business hours and 9,30 AM - ANTHONY.S 'AM . -owners request a P #6411-Request for Variance from Code Special new Excen lion for Historical Society, proval concerning.proposed substantial have rior*to uestionsiday of the I ase contact ourg. If you office Sections 280-124 and 280-1'16, based• p at 631 765-1809, or•b on an application for'building permit #6420-legs than the code required front alterations/additions to dwelling, head P and the 1uilding Inspector's June 3, yard setback of 50 feet,at:.27230 Main less setback of 75 feet,an the 2)lesslthanred the code PERLINK: "mailto:Vick Toth@Tolwwnn. 2010 Notice of Disapproval concerning Rd., .and Case's La., Cutchogue, NY. Southold.n us" Vicki Toth@Town SCTM#1000-109-5-6.1. . required minimum side yard setback of Southold.nyus. demolition and construction of a new t1:00 QM'-DAHNA M.BASILICE 10 feet,3)less than the code required to- i1,2010 single-family .dwelling,.at 1) less than #6409-Request for Variance from Code tat combined side yards of 25 feet,4)less Dated:September ARD ZONING.BOARD OFAPPE ALS the code required front yard setback of Sections 280-15,based on an application than the code required rear yard setback L-ESLIE KANES WEISMAN,CHAIR- 40 feet, 2)less than the code required for building permit and the Building In- of 35 feet,At: Bayview Ave.,(adj.to rear yard setback of 50 feet,3)less than Arshamom ue Harbor) Southold, NY. PERSON the code required bulkhead setback of spector's May 4,2010 Notice of Disap- q BY:VickiToth. 75 feet;at:1165 Fisherman's Beach Rd., proval concerning proposed construe- SCTM#1000-52-5-9: 54375 Main Road Office'Location t,on of accessory garage,at 1)less than 12:10 PM - RONALD A. POLLIO ( . ) (adj.to Cutchogue Harbor) Cutchogue; #6410=Re uest for Variance from Code 53095 Main Road(Mailing/USPS) NY.SCTM#1000-111-1-26. the code required side yard setback of 20 q P.O.Box 1179 9 50 AM-RICHARD Land JOANN ( feet,2)less than the'code required front Sections 280-15!and relief frorit prior Southold,NY 11971-0959 S AVARESE#6415 -Request for Vari- yard setback of 35 feet,3)more than the buildin62e permit and the Buildling Ins.)ecr 99144T 9/9 code required.maximum lot coverage of g P g ance from Code Section 280-1241 based '. ° q tor's May 25,2010 Notice.of Disapproval on an application for building permit 20 is at:3255 eenpor, Y S(adj. 1 Pe- y and the Building Inspector's. May 26, conic Bay)C�reenport,NY SCTM#1000- concerning"as Built"accessory shower, 53-6-8 at 1)'locatiori other than the code re- 2010,Notice of Disapproval concerning 1115 AM-ROY WARD#6404-Re- quirecl rear-yard,.2)relief from Condi- proposed demolition'and construct new quest for Variance from Code Sections lion#1 of ZBA Grant#6205;at:165 Sec- single-family dwelling,at; 1) less than . 280-124 and 280-116,based on an appli- and St..,New Suffolk,NY SCTM#1000- the code required front yard setback of ' cation for building permit and the Build- 117-10-20.5. 35 feet,2) less than the code required ing Inspector's March 8, and amended 1100. PM. - REGINA'S GARDEN rear yard setback of 35 feet,at:2575 Old Tune s ect Notice h Disapproval con- LLC#6388 - (adj, from July 29,2010) Orchard Rd.,(adj,to Orient Bay)East June 3, additions and alterations to an Request for Variance from Code Sec Marion,NY SCTNI#1000'-37-6-7.1. cem.existing dwelling,at 1)•less than the code [ions 280-13 and 280-14,based on an ap- 10:15AM STEPHANOS STE- required side.yard setback of 15 feet, 2) plication for building permit to operate a FANIDES #6413 - Request,for Van- farm office.in a non conforming building, ance from Code Sections 280-116(B) less than:the code required combined and 280-124, based on an, application. side yard setback of 35 feet;3)less,than I. and the Building Inspector's March ,• for building permit and the Building In- t th>rcode required setback to a bulkhead 2010,Notice of Disapproval stating that forbuilding ctor's June rri t an Notice of Disap-. of 75 feet;at:4075 Stillwater Ave.,.(East the proposed use on this parcel in the proval concerning proposed alterations/ . Week(Eugene's Creek)Cutchogue,NY, AC Zone is not permitted and exceeds SCTM#.1000-137-1-8.1. the code permitted number of uses per additions and "as built" deck addition' TM#11:30 AM-DOUGLP,S$LAMA and the.Bulk schedule at:1150 Sound Ave., to seasonal dwelling, at; 1) less than NANCY SCHRANK#6418- This is a .Mattituck.SCTM#1000-120-3-5. the code required bulkhead setback of. re uest for a Waiver under Code Article Carryover.Hearings,continued from 75 feet,2) less than the code required q prior meetings and pending'additional minimum:side yard setback of 10 feet, II, Section 280-10A, to unmerge land P g identified as SCfM#1000-98-5-9,based information: Adjourned from Public Hearing July 29,2010: 1.30 PM-THEODORE C.MARTZ, JR.#6344. 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, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: hq://southtown.northfork.net August 30, 2010 Re: Town Code Chapter 55 — Public Notices for Thursday, September 23, 2010 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 Times Review newspaper. 1) Before September.6tn: 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 Town Assessors' Office located at Southold Town Hall, 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 September 13th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office 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 September 15st: Please make arrangements to place the enclosed Poster on a Signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no 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 available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before Sept. 21st, 2010. 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 Encls. N �TI �. E U F HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall , 53095 Main Road, Southold: NAME : HARBES FOR REGINA'S GARDEN # 6388 SCTM # : I 000M 1 VARIANCE: EXCEEDING NUMBER OF USES REQUEST: FARM OFFICE DATE : THURS , SEPT. 23, 2010 1EE00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 t G NW ®AR®OF APPEWL ZONING BOARD OF APPEALS j TOWN OF SOUTHOLDMEW YORK - - . -- - ---------x In-the' Matter of the A*pp liqationr of S C A"e,4 Lt:.0 AFFIDAVIT OF (Name of.Applicants) MAILINGS CTM.Parcel#1000- 1zo.00- Cjn3.-oa - oo s-,W' o x COUNTY OF SUFFOQq. STATE OF NEW YORK)' residing at 715 LXV_LQ New Y&K being du l sworn,,de ose'and saythat: V On the �` day of , 20 I personally mailed at the: U�ni#ed:States•,Post Office in ft_-T7 Tt �.,;New York, .by CERTIFIED: MAIL, :RETURN..RECEIPT'.REO:UESTED, a true. copy..of the attached Legal' Notice in prepaid-'enyeaopes,addressed to current. owners s.howrt: the current assessment.rall verified from the official records on file with the(v�Asseasors, asF•. for every', property which abuts and is•across a public or private street,'dr vehicular right-of- Way of record, surrounding the applicant's property,. (Signature) . 'm to before me this' su S, o NO 'N•.fffSTS .6 33, U FIED i 0' CO SSION EXPIF2'Ir'SYJ (Notary Public SUSAN PISANO i NOTARY PUBLIC-STATE OF NEW YORK NQ.'01ST5046833 QUALIFIED IN SUFFOLK COUNTY ) t COMMISSION EXPIRES JUI Y 17, PLEASE list, on the back of this Affidavit or on•a sheet of.paper, the lot n.Um-Wrs- • next to the owner.hames.and. addresses for which notices were mailed. Tbank you: I o ■ IPT pJutCO m. � °• _ A , RECEIPT. � nj rr postage $ $0.44 § 0952in A r9 rU Certified Fee $2.80 06 Postmark t' Nr t Tit t k x p Return Receipt Fee m 19 sr�3 �.w r ( �w, � � p (Endorsement Required) $2.30 Here CO w Er Postage $ $0.44 0952 p Restricted Delivery Fee Ln p (Endorsement Required) $0■00- Certified Fee $?.� ] 06 co ru$5.54 ,09/07/201U O Retum Receipt Fee Postmark co - Total Postage&Fees (1J Sent To (V+,(�Q (Endorsemeo Required) $2.30�' ' p ( ndorsement Q' �Ql� E�j5(AllO2 elivery Fee �� I p t Required) $0.00 f - Street'Apt:No.; nj p or PO Box No. (CQO UAc,30a�STa-Gr cp Total Postage&Fees. $ $5.54 09/07/2010 r :-- -------- - ---- - ciiy,"sir3ie:zrp+aN6�Yo26�,�Ew�©2tc. ru a rr rr. - Sent To -C7���}r 3Qa 17O AS_AMIC-IA ( - -- -— iD F..J p Street Apt No.- N - PO Boxr-- 5�� ®vP3�l �lDz Y ■ ■■ City State,Z1P+4 TIRE® iW :re r.6 r% p ®• OL MI La Co .. . • . . Er Postage $ $0.44�: 0952 a ` Certified Fee $2 G c0 Ln o .80 0 Postmark I I*KO,A#Y 110 • �� .. Return Receipt Fee frl C] (Endorsement Required) $2.30, Here CO p 4444 Restricted Delivery Fee D-, Postage $ $0.44 0952 (Endorsement Required) $0. p f'jLn Certified Fee $2.80 06 s �' $5.54 09/07/2QS� f11 p Postmark cp Total Postage&Fees p Return Recei t Fee `N p (Endorsement Required) $2.30 Here E, Sent To p Restricted Delivery Fee ,� A .-.- ..�. - _ A N 46A R_1 p (Endorsement Required) $0.Q0 p - —`�` St�,3 Air A' ------ ------------- -- p Street,Apt.No.; --------��� IlJ f� .or PO Box Flo 54 i - r ,� Total Postage�Fees $ $5. 09/07/2010 City,State,ZIP+6 fl.l , .54 2 Sent ToEr PARZOS V • -- -- -------- ------ - p Street,Apt. .�-- n /► C3 orPOBoxNo. [.`j �65��Af#V�A9c ® t5 qA" rl-. City State:ZIp+4 CERTIFIED MAI'LTm RECEIPT �II 40'0 of ■� i m N 0 N3-16,92C, L. rr Er Postage $ $0.44, 0952 "`" rrq cc . •�. Certified Fee 1$2.80 0�, `•"` mT�( 9 .� sr fu Postmark p Return Receipt Fee co p (Endorsement Required) $2.34 Here I Q^ poste $ $0.44 0952 ., p Restricted Delivery Fee ! Certified Fee $?.� 0G "h` p (Endorsement Required) $0.00 R I Postmark p Return Receipt Fee Here to Total Postage&Fees $ $5.54 09/07/2010 'p (Endorsement Required) $2.30 "R p Restricted Delivery Fee Sent To (Endorsement Required) $0.00 Ir . SIAA Me)0S p ru p Street Apt lvo.; co Total Postage&Fees $5.54 09/07/2010 or PO Box No. 2_c� Qe&-r 821.® 'S-mev-i— h fU -<----- -------- ------- City State:Z%P+4 Sent To I D- HAA697S rAAAA, klkb. EAS i �-.i••C, r ... 0 Street,Apt.No. �---- - A or PO Box No.- !?©�(9ueja A°js1tag.Yp ( •tccs--iCL, City State,ZIP+4 A4_1_T °z-�(. tC alY�- • - • :.� �r. •- . J 4 :RECEIVED' ZONING BOARD OF APPEALS SEP 10, 2010 TOWN OF SOUTHOLD: NEW YORK --------------------- - --------------------X 30AI �In the Matter of the Application of AFFIDAVIT L.iL.0, OF SIGN POSTING (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 1000- 120.e0 -0(a3.co- OO,j,000 ------------------ ----------------------------------X COUNTY OF SUFFOLK) STATE OF NEW YORK) I,. aW" 4W-06�� residing at _71 New York, being duly sworn, depose and say that: On the�day of I personally placed the Town's official Poster, with the date of hearing 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 r:. I hereby confirm that the Poster has remained in place for en y s prior to tl:la.t date of the subject'hearing date, which hearing.date was shown to be (Signature) S rn to before me this 7 day ofS rpjgq�,20ho SUSAN PISANO NOTARY PUBLIC 01STATEO3 NEW YORK (Notary Public) QUALIFIED IN SUFFOLK COUN : COMMISSION EXPIRES JULY 17. *near the entrance or driveway entrance o prop .rtv as�hE�I��}Og��'���fl �aSseTSby. r—I Office Location: so Mailing Address: � O Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 • �O� Southold,NY 11971-0959 COUNT`I,� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JULY 29, 2010 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, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JULY 29, 2010: 11:00 A. M. - REGINA'S GARDEN LLC #6388 - Request for Variance from Code Sections 280-13 and 280-14, based on an application for building permit to operate a farm office in a non conforming building, and the Building Inspector's March 10, 2010, Notice of Disapproval stating that the proposed use on this parcel in the AC zone is not permitted and exceeds the code permitted number of uses per the Bulk schedule at: 1150 Sound Ave., Mattituck. SCTM#1000-120-3-5. 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 do not hesitate to contact our office at (631) 765-1809, or by email: Vicki.TothO-Town.Southold.ny.us . Dated: July 1, 2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 - /_ 39-9 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, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http:Hsouthtown.northfork.net June 30, 2010 Re: Town Code Chapter 55 — Public Notices for Thursday, July 29, 2010 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 Times Review newspaper. 1) Before July, 14tn: 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 Town Assessors' Office located at Southold Town Hall, 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.July 21st: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office 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 July 21St: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no 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 available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt-by our office before July 27, 2010. 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. I NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME : HARBES FOR REGINA'S GARDEN # 6388 SCTM # : I 000= 1 20=3=5 VARIANCE : EXCEEDING NUMBER OF USES REQUESTE: FARM OFFICE DATE : THURS , JULY 295 2010 11 AM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM . ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 \ 9847 JU FO \e�/ STATE OF NEW YORK) eOgRO `2210119 )SS: OF COUNTY OF SUFFOLK) g1010 , Karen Kine of Mattituck, in said county, being duly sworn,.says that she is S Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York,and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 1 e day of July,2010. iz�wl-` ,vwrr Pri cipal Clerk Sworn to before me this day o asllt, 2010. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK No.01-V06105050 Quallfied In Suffolk County rolssion Expires February 28,2012 'Main Rd.and Traveler St.,Southold. Code Sections 280-13 and 280-14;based and the Building Inspector's March 18 SCCM#1000-61-1.15.1,15.2,14. on an application for building permit to 2010 Notice of.Disapproval,concerning TA DURAN#6395 operate a farm office in a non conform. additions to one of two existing seasonal LEGAL NOTICE -Request for Variance from Code Sec- lag building,and the Building'Inspector's dwellings,1)proposed addition is not SOUTHOLDTOWN tion 280.124,based on an application March 10,2010,Notice of Disapproval permitted,ifshellcreatenewnonconfor- .ZONING BOARD OFAPPEALS for building permit and the,Building stating that the proposed rise on this manceor increase the degree ofnoncon- THURSDAY JULY 29,2010 Inspector's March 18,2010 Notice of parcel in the AC zone is not permitted formance,2)lot coverage at more than PUBLIC HEARINGS 2,2 Disapproval,contoming additions to ex- and exceeds the code permitted number the code required maximum of 20%,at: NOTICE IS HEREBY GIVEN,put- isting dwelling,1)lot coverage at more of uses per the Bulk schedule at:1150 Peninsula Rd.;(adj.to.Darbfes Cove) than the code required maximum of -Sound Ave., Mattituck, SCTM#1000- .EthersIsland.SZTM#1000.10.4-12.3. stiant to Section 267 of the Town Law and 7A%,at:1145 Smith Dr.,So„Southold, 120-3.5. r�•OOP.M.-BORN R..nnd BILARON Town Code Chapter 280(Zoningg),Town SCfMyy1000-76.2.33. 11.20 A =MI HA L and CAR* I.WREN#6389 - Request for Vari- of Southold,the following ppublic hoar- 0 2t1 A.M.- NART.c D.and DI- gr.FF .i FCON#6402-Request for ante from Code'Section 280474,based VIA be held by the SOUTHOLD 1 TOWN ZONING BOARD OF AP. ANEHARKOFFRVC.TRA6392-Re• Variance from Code Sections 280.116B, on an application for building permit PEALS at the Town Hall,53095 Main guest for Variance from Code Sections based on an application for building per, and the Building Inspector's March 10, 280e.122A and 280.15,based on an ap li. mit and the uilding Inspector's April 2010,Notice of Disapproval concerning Road,P.O.Box 1179,Southold,New P York 11971.0959, on' THImcDy AY, canon for building permit and the Bmld- 8,2010;Notice of Disapproval concem. reconstruction and addition to single. in Inspector's March 10,2010,Notim of ing additions to an existing dwellin,at: family dwelling,at 1)less than the code JULY 29.2010: g 9:30A M•FISHERS ISLAND FIRE. Disapproval concerning rragvauonsPod- •less bthanulkhead the code required setba re required rear yard setback of ra feet, D1STRTCT#6399-ReqGuest for Variance ditions and"as built"storage building's, a bulkhead of 75 feet at:1025 Albacore 2)exceeding maximum tot coverage of from Code Sections 280.122 and rune, at:For the renovations/additions;l)less Dr.and Blue Marlin Dr.,(ad'.to canal 20%I at 225 Hippodrome Dr.,Southold. based on an application for building per, than the code required side yard setback leading to Southold Bay) Creenport. SCTM#1000.66-232. mil and the aicaIns actor's March of 15 feet,2)less than the code required SCl M#1000.57.1-14. '12,15 P.M.-JF.NNIE PAPPAS#G390 Building pp front yard setback of 15 feet;3)' -. tte30 A.M.•GRLIAN FRANCIS -Request for Variance from Code Sec- 29,2010,amended Apra 27,2010 Notice eat to Walz'(5039)interpretation such mtd SARAH BALM#6400-Requesst. dons 280.124 and 280.116,based on an of Disapproval,concerning additias/al- renovations and additions will constitute for Variance from Code.Sections 280- application for building permit and the terations to existing fire station and"as an inerease'in the degree o noncon f for. 122A and 280-124,based ott an applica-. Building Inspector's January 12,2010 built"accessory shed,1)Proposed addi- manse)For the storage buildings:l)less tion for-building'permit and the Build- Notice of Disapproval,amended March lion is not permitted,II shall create new than the code required side yard setback ing Inspector's April 16,2010,.Nptice of 4:2010,concerning"es built"additions nonconformance Pr increase the degree of 15 feet,2)less the»the coda required Dtsapproval.concerning additions and to single-family dwelling,at 1)less than of nonconforsnance,2)less than the code rear yard setback oY 25 feet,3)accessory alterations.to an existing dwelling,1) the code required side yard setback of required front yard setback of 60 feet on .structures l0 ated.in area other than the. proposed additions are not permtt[ed, 10 feet,2)less than the coda required both roads,3)accessory structure not in code required rear yard;Lot coverage at it shall create a new nonconformance or rear yard setback of 35 feet,3)less than the code required rear yard with a front 'more than the code required maximum increase the deggree of nonconformance the code required setback to a bulk• yard setback of 13 feet at:Athol Cres- of'40%,at:835 First St.,Cutchogue. (Pursuant to Walr. (5039) Interprets• Bead of 75 feet,41 exceeding maximum cent and Equestripn Ave.;Fishers Island. SCTMN1000.117-8-15.Zone-HB., tion such renovations and additions will lot coverage of %;at 85 Beverly Rd., • SG-40 00.9.SOU 10:40 A.M. - MARr ME DAY constitute an increase in the dogrea iif {Idj.to Arshamomaque Pond)Southold. t 9.0 A M.-CO 1TH0.fo FREE es SCHOOL.(H&S'Assoc,Realty, nonconformance),2)less than the code S91M#1000.52.2-15, BRARY a Sec-Request far Variances .#6397-Request for Special Exception required side yard setback of 10 feet at: Carryover Hearings,continued from from Code Section 2R0-06,Based on an per Code Section 280.13B(4),the appli- 830 Wilmarth Ave.,Greenport.SCrM# prior meetings'and.pending additional. ' application for building permit and the cant is requesting permission to convert 1000-41-1-18. information: Building Inspector's October 13,2009, existing office space to operate a nursery 11,45 A.'M.-HARRiET McNA•, Ad7'ourned front Public Hearing May Notice of Disapproval concerning ro• school at:31095 Route 25,Cutchogue. MARA (McNamara Family •Dnxfl 20,2010: posed addition to a commercial budding, SLIM#1000.102.2.24.1. Hlc}1$' •Re uest for Variance from Code IOUR .CHIUSTAHILDEBRAM at:he i ht exmedin maximum number g 11:00 p.M.•REGINA'S GARDEN Sections 0 application and buildin 4,basedr..,u♦uu eM #6373. of stones allowed o two stories at;53705 i,t.0 116385-Re uest for Variance from on an a lication for buildin ermit, q Pp g P pd'ourned from Public Hearing April�,2010:rrn .IRAIY(N13 1:30 F,M. M & - FAC+A#6367.Reeqquests for Variances under Sections 280.124 and 280.116B, based on the Building Inspector's Feb- ruary 3,2010 amended Notice of Disap- proval concerning demolition and re- construction of a single-family dwelling at less than the code-required minimum of 10 feet on a-single side yard and less than 75 feet from the existing bulkhead (dwelling and foundation were removed, this is a.deviation from original grant Harbor t 126332 Main adjacent ad,East Mari on;.Cfbl Parcel1000.31-14-8.2. Adjourned from Public Hearing April 22.201.0�FODORF C MARTZ JR fto and of Appeals will hear all persons or their representatives,desir- ing to be heard at each hearing,and/or desiring to submit written statements before the conclusion of each hearing. Pesch.hearing will not start earlier than designated above.Files are available for review during regular btisinoss hours and prior.to the day of the hearing.If you have questions,ppleasd contact our Mice at(631)765=1809,of by email: Vieki Toth(SToti Co rthold nvus Dated:July 6,2010 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN,CHAIR- PERSON t'BY:VtckiToth 54375 Main Road(Office Location)) 53095 Main Road(Mp iOl! 1179 Southold,NY 11997711-0959 49471T.7115 Office Location: 0�SQ�jyo Mailing Address: h0 !� Town Annex/First Floor,Capital One Bank 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O.Box 1179 Southold,NY 11971 • Q Southold,NY 11971-0959 COU http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631) 765-9064 ' MEMO 13 TO: Planning Board Southold Town FROM: Leslie K.Weisman, ZBA Chairperson s._�._. Manning Board DATE: April 5,2010 SUBJECT: Request for Comments ZBA#6388 Harbes, Edward(Regina's Garden) As confirmed with your office,-the ZBA is reviewing the following application. Enclosed are copies of the Building Department's Notice of Disapproval, ZBA application, and current map on file. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and.your review and comments are requested at this time. NAME TAX# ZBA# Code Variance Date of PREPARER ZONE DIST Section Stamped OF SURVEY Ma Edward Harbes 120.-3-5 6388 Article III, To operate a non- for Regina's Section conforming bldg as juli � "� Garden 280-13& a Farm Office& Article 111, proposed second Section use. 280-14 Your comments are requested within 30 days of this letter. If desired,the file is available for review of additional documentation. Thank you. Encls. Office Location: �F $QUryOI Mailing Address: Town Annex/First Floor,Capital One Bank ~ 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 Q Southold,NY 11971-0959 �yCOUMY,Nct1� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631)765-1809 Fax(631)765-9064 April 5, 2010 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6.388 Owner/Applicant : HARBES, Edward for Regina's Garden LLC Action Requested: Operate a non-conforming building as a Farm Office and proposed second use on this non-conforming parcel-Bulk Schedule. Within 500 feetof: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) O Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, LeslieA Weisman ZB rperso By. Encls: BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ���� SO(/j/yo 53095 Main Road -P.O. Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P. Goehringer ens ac Town Annex/First Floor,Capital One Bank George Horning A��� 54375 Main Road(at Youngs Avenue) Ken Schneider �l 00um Southold,NY 11971 http://southoldtown.northfork.neL ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809-Fax(631)765-9064 May 19, 2011 Charles Cuddy Attorney at Law 445 Griffing Ave. Riverhead,NY 11901 Re: ZBA File#6388—Regina's garden Dear Mr. Cuddy: Transmitted for your records is a copy of the Board's May 18, 2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sincerel , Vicki Toth Encl. Cc: Building Dept. SEE SEC.NO.112 . SEE SEC.NO.u2 Z LWTE MAT_ _ - z LIME MATCH z a, FOR PCL.N0. FOR PCL.NO. SEE SEC.NO. FOR PCL.NO. FOR PCL NO. SEE SEC.NO 112-02-001 SEE SEC.NO. m SEE-0C-NO.0T 's 112-01-0091 " 112-01-00T.6 112-01-0082 ` m E O Y3 FOR PCL.NO. SEE SEC.NO. 112-01-021 a a AVE. xr (OPL-" m •Q •� Sj n :w ''�'1°� p qP , 1 ��� FARXVED RIL 0 ILI 6. E2.3 "279419.1416 10 ti o 'A �y 6 0, \ •bppW\ 'O Jed g 6• ,• •4, o,� 3 // / G q9 ..A /n n a m ay-a-fa) 9�G�,P (h�yo< \\ Epp Y do o e 3 \� Y6pLc, y 11.1A 3A.ON \ TOWN OF SOl1THOLD �! \ y IOONSERVAT EASENENfI % FOR PCL.ND. SEE SEC.NO. 124-01-002.1 \— MATCH + SEE SEC.NO.124 - TttmNRlrkiLAp --5�1— HA'mlAl.tr4YWe --H-- L`HLARE 5 DRAWN OTHERWISE. ALL PROPERTIES COUNTY OF SUFFOLK O Rr.-1-1 lte ——F—— Rolf—R.tlkt Llro ——R—— SCHOOL WITHI' THE FOLLOWINGSEWER W DOISTRIOTs: NOTICE eqr� ldr Obm l Ifn. —-W—- R.—a.—L —HST—— FIRE- 70 HYDRANT NA4ITENANCE,ALTERATION,SALE OR �°�a Red Property Tax Service Ager .-_ DISTRIBUTION OF ANY PORTION OF Tiff .._._....._.__ m y .... ..nn.