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HomeMy WebLinkAbout6625 pa-�rvAD ft Y i BOARD MEMBERS �F SOu Southold Town Hall Leslie Kanes Weisman,Chairperson �, �yO 53095 Main Road•P.O.Box 1179 �� l0 Southold,NY 11971-0959 #cc Office Location: Gerard P.Goehringer �, ,c Town Annex/First Floor,Capital One Bank George Horning 54375 Main Road(at Youngs Avenue) Ken Schneider U Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 RKEIVED FINDINGS,DELIBERATIONS AND DETERMINATION AR 2 8 2013 MEETING OF MARCH 21,2013 Q ��Town C ZBA FILE: 6625 NAME OF APPLICANT:Harbor View Farm,LLC, d/b/a 8.Hands PROPERTY LOCATION: 5000 Cox Lane, Cutchogue,NY. SCTM#1000-96-2-10.1 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 February 20, 2013 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 DETERMINATION: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt list and is not subject to review under Chapter 268. PROPERTY FACTS/DESCRIPTION: Subject property is located in the AC zone and is improved with a two story dwelling with attached deck, accessory garage,two accessory sheds and a barn. It contains 25.7 acres of land labeled development rights easement and 80,000 sq. ft. of land labeled reserved area. The reserved area contains all the current improvements. It has 764.38 feet of-frontage on Cox's Lane, 1,066.26 feet along the western property line, 1,301.46 feet along the southern property line, 529.80 feet along the eastern property line, then the property jogs with 562.18 feet along the northern property line and then 616.16 feet along the eastern property line to form an "L" shaped parcel. As shown on the survey prepared by Peconic Surveyors, P.C., John T. Metzger, LLS, dated January 10, 2007,certifications added January 26,2007. BASIS OF APPLICATION: Request for Variance from Chapter 72, Article 11, 72-5 (B), 72-6 (i & 3) and the Building Inspector's October 17, 2012, updated January 8, 2013 Notice of Disapproval based on an application for building permit to convert a portion of an existing bam to a farm stand, at; 1)less than the code required setback of 50 feet from the road,2)the criteria of bona fide agricultural production has not been shown. RELIEF REQUESTED: .The applicant requests variances to convert a portion of the existing barn to a farm stand with the existing front yard setback of 17 feet from Cox's Lane, where the code requires a permanent farm stand structure be set back at least 50 feet from the road. Additionally, it was determined by the Building Department that the applicant did not show that they meet the criteria of bona fide agricultural production. ADDITIONAL INFORMATION: The Zoning Board requested comments from.the Planning Board. In a memo dated January 29, NO, the Planning Board stated that it supports the granting of the variance applied for because .the proposal is consistent with the Town's Comprehensive Plan goal of supporting and maintaining agriculture Page 2 of 3—March 21,2013 ZBA File#6625—Harbor View Farm,LLC SCTM: 1000-70-13-20.7 which the applicant will be furthering by proposing to converting an existing agricultural building to a new agricultural use. Additionally, the Zoning Board received a copy of a letter to the applicant/land owner dated February 7, 2013 from the Land Preservation Committee approving the applicant's request to construct a new 60 ft. x 120 ft. Morton barn building in the Town's preserved easement area to house farm animals interconnected to the farm stand use. During the public hearing the adjacent landowner voiced concerns about potential traffic impacts of the proposed farm stand and access by the public to the property. These concerns were addressed to the neighbor's satisfaction at the hearing.Another neighbor spoke in favor of the application. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on March 7, 2013 at which time written and oral evidence were presented. Based upon all testimony,documentation,personal inspection of the property and surrounding neighborhood, and other evidence,the Zoning Board finds the following facts to be true and relevant and makes the following findings: I. The operation provided sufficient evidence to the Board to illustrate that the farm is bona fide agricultural production The threshold issue before the Board is whether this operation qualifies as "bona fide agricultural production" within the context of Chapter 72 "Agricultural Uses" of the Town Code. At the public hearing the applicants testified that they have already planted the subject property in forage which would yield $40,000 +/- in hay sales; their current flock of sheep is valued at $22,000 and that once lambing has occurred this Spring up to an additional 10 sheep (total 70) will add a value of$41,000. Moreover, sales from wool are expected to yield $10,000. They also plan to plant about 2 acres on their residual property in vegetables for farm stand sales, and eventually sell their own cheese products as well as wool and yarn. A records search has found that the previous owner of the subject parcel received an agricultural assessment from the Town in 2008, verifying that the land had been in agricultural production for more than 2 years prior to transfer to the applicant. II.Area Variance for the Farm Stand 1. Town Law 4267-b(3)(b)(1). Grant of the variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The properties along Cox Lane are primarily in agricultural use, some improved with farm houses similar to the applicant's parcel. The subject parcel and barn have historically been used for agriculture. The applicant is currently operating a sheep farm on another property and plans to move to the subject property with their herd. The proposed farm stand will operate in a portion of a barn that already exists and there is ample room for safe parking in an area off the road adjacent to the barn. 2. Town Law V67-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 farm stand is proposed in a portion of an existing barn. To expect the applicant to construct a farm stand in a conforming location would be a financial hardship and would eliminate additional land that is proposed for harvest. 3. Town Law V67-b(3)(b)(3). The variance for the front yard setback granted herein is mathematically substantial, representing 66% relief from the code. However, the barn has been existing in the current location since prior to zoning without any detriment to the area and has a Pre-CO dated January 8, 1992. 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 Page 3 of 3—March 21,2013 ZBA File#6625—Harbor View Farm,LLC SCTM: 1000-70-13-20.7 applicant must comply with Chapter 236 of the Town's Storm Water Management Code. The off street parking area is proposed of permeable material. 5. Town Law U67-b(3)(b)(5). The difficulty has not been self-created. The barn in which the proposed farm stand is to be located has been in its current location since prior to zoning. 6. Town Law 4267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a farm stand while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 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 Weisman (Chairperson), seconded by Member Goehringer, and duly carried,to GRANT, the variances as applied for, and shown on the survey prepared by Peconic Surveyors, P.C., John T. Metzger, LLS, dated January 10, 2007, certifications added January 26, 2007, and the three page hand drawn building plans date stamped by the Zoning Board on January 9, 2013. 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(s) granted herein as shown on the architectural drawings, site plan and/or survey cited above, such as alterations, extensions, or demolitions, 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. 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), Goehringer,Horning,Schneider. This Resolution was duly adopted(4-0). Leslie Kanes Weisman, Chairperson Approved for filing IJI- /2013 SURVEY OF PROPERTY A T CUTCHOG U q• ti�o � E TO YW OF SO UTHOLD p� r �o SUFFOLK COUNTY, MY 1000-96-02-10 s� SCALE.- 1'100' ?• JANUARY 10, 2007 ��� ✓AN. G6, 2007(CERTIFICATION) 5�\G hhti i� °1b FINAL P EVIEWE 7Y Z t I SEE DECISIONS o• ;' ,� DATED ell IRC � � A FALLOW FIELD oos �1 �o DEVELOPMENT RIGHTS EASEMENT -- -- -- ------ -- __-- _-- -_ _-- - AREA-25.69J6 ACRES IRRIV naV ML 00 JK FALLOW O �o �Fy F 0G�o c9� %y� s J ti41 c F �G tis6� s> v -moo ll c FALLOW RIELD y��p O,pA �tk �000 S�ssr ,�CJy 0 / A ,lAN �. 2013 BOARD OF APPEAL`" —MONUMENT CERTIFIED TO. ANY ALTERATION OR ADD171ON TO THIS SURVEY /S A VIOLATION NO. 49618 TOWN OF SOUTHOLD OF SEC770N 72090E THE NEW YORK STATE EDUCATION LAW. P CONIC SU YORS,INCORPORATED -P.C. PECON/C LAND TRUST, EXCEPT AS PER SECTION 7209-SUBDIVISION 2. ALL CER77FICA77ONS (631) 765-5020 FAX (631) 765-1797 HEREON ARE VALID FOR THIS MAP AND COPIES THEREOF ONL Y 1F P.0. BOX 909 STEWART 777LE INSURANCE COMPANY AREA-2,7.WO2 ACRES SAID MAP OR COPIES BEAR THE IMPRESSED SEAL OF THE SURVEYOR 1230 TRAVELER STREET THE UNI TED S TA TIES OF AMER/CA". WHOSE SIGNATURE APPEARS HEREON. 230 TRAVELER N. Y. 11971 RE0 7_102 �f --" 1 \,. 1 ��� � �� 'I .1 gyp, •. '�. `��_ {� � I\ � i;, y FINAL MAP REVIEWED BY ZBA 1�� = SEE DECISION # - ' RECEIVED DATED 3 /a r / as , JAN 9 2013 1 BOARD OF APPEALS RECEIVED i JAN 9 2013 I �-r'6r I �1CtST' S ri BOAR[ OF APPEALS FINAL NEAP -REVIEWED By ZBA SEE DECISION # C� DATED 3 / a i LE-0�,3 0 l - ------ --- ---- � ' �1�✓ ' yl I � VN�-C7,4•pl NzT { ; �� t� � /.AP.�Z'�(�. �i'�O�n/� ICI ��, �1''•�. Pee II ; I II --- -- - - --- f---__=Ct --- -- - - -- ------- mor.a�.[nrar . . •. �64.38� ioct 4'Mwrar, . N/off• , sous' e' £-'''a' wo ee' tsa2s' e 6• i"6�t` �sa.as A#NMe ORAWA ,ese' ( �� IAA `L:�?u EV{ \' /�•' ti..:. 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BOARD MEMBERS ��Of soar Southold Town Hall 53095 Leslie Kanes Weisman,Chairperson yo Main Road•P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Location: Eric Dantes cn Town Annex/First Floor,Capital One Bank Gerard P.Goehringer 54375 Main Road(at Youngs Avenue) Nicholas Planamento QUff N Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 June 21, 2017 Charles Cuddy Attorney at Law P.O. Box 1547 Riverhead,NY 11901 RE: Request for De Minimus Determination, Appeal #6625 Harbor View Farms, LLC, dba 8 Hands SCTM No. 1000-96-2-10.1 Dear Mr. Cuddy; Our office is in receipt of your correspondence dated June 14, 2017 requesting a de minimus determination in the above referenced Zoning Board of Appeals decision. In your letter, you are seeking an approval for the expansion of a farm stand within the interior space of an existing farm/bam building. You further explain that the proposed expansion will not be visible from outside the building and will have no effect on the setback variance relief for the farm/barn building granted by the ZBA. Based upon the information provided, I have determined that your request to amend the interior space of an existing building is de minimus in nature because the proposed change does not constitute an increase in the degree of non-conformity, and the intent of the original ZBA decision will not be altered. Feel free to contact our office if you have any further questions or concerns. I will instruct the office to send a copy of this letter and your request to the Planning Department for their assessment as to whether site plan may require any amendments, and to the Building Department. rely, a6f tiA t_ Leslie Kanes Weisman Chairperson cc: Michael Verity, Chief Building Inspector Heather Lanza, Planning Director CHARLES R.CUDDY ATTORNEY AT LAW 445 GRIFFING AVENUE RIVERHEAD,NEW YORK Mailing Address: TEL: (631)369-8200 P.O.Box 1547 FAX: (631)369-9080 Riverhead,NY 11901 June 14, 2017 E-mail: charlescuddy@optonline.&NUNnet Leslie Kanes Weisman, Chairperson Zoning Board of Appeals �C I Town of Southold 53095 Main Road JUN 1 4 1011 PO Box 1179 Southold,New York 11971 ��'— ---- RE: Harber View Farm,LLC d/b/a 8 Hands Dear Ms. Weisman: I represent Harbor View Farms d/b/a 8 Hands. Under date of March 26, 2013 ZBA File 6625, the Zoning Board of Appeals granted relief permitting conversion of a portion of the inside of an existing barn to a farmstand. As part of its presentation the applicant presented a diagram of the proposed farmstand to indicate its approximate size and location. The stand was within an existing farm building. While the size of the stand was not an issue,the Building Department has noted that the original diagram showed a stand of approximately 900 square feet. The actual farmstand is 1,300 square feet. Under the circumstances where the farmstand is within a building, the location or size of the farmstand does not effect the setback and has no discernible impact. I submit this increase in size is of no consequence and should be treated as de minimis. The Zoning Board's recognition of this,situation will finally permit 8 Hands to obtain a Certificate of Occupancy. Very truly yours, Charles R. Cuddy CRC:dmc COUNTY OF SUFFOLK RECEIVED FEB 2 5 2013 \ BOARD OF APPEALS Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Division of Planning Deputy County Executive and Commissioner and Environment February 20, 2013 Ms. Leslie K. Weisman, Chair Town of Southold ZBA . 53095 Main Road . P.O. Box 1179 Southold, New York 11971 Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Harbor View Farm, LLC d/b/a 8 Hands 6625 The following Comment is offered for the Towns consideration and use: Development created adjacent to cultivated farmlands, especially where development rights have been acquired, should be designed to ensure non-interference with the agricultural use of adjoining tract and to avoid conflicts between the farmers and occupants and visitors of non-farmland areas. Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK:mc H.LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY,4th FI ■ P.O.BOX 6100 ■ HAUPPAUGE,NY 11788-0099 ■(631)863-5191 6 epF JJJ OFFICE LOCATION: MELISSA A.SPIRO �QF so Z., Town Hall Annex LAND PRESERVATION COORDINATOR �p� Ol0 54375 State Route 25 melissa.spiro@town.southold.ny.us (corner of Main Road&Youngs Avenue) )�\relephone(631).765-5711Southold,New York \�( Facsimile(631)765-6640 MAILING ADDRESS: yCOU ,� P.O.Box 1179 �} Southold,NY 11971-0959 RECEIVED DEPARTMENT OF LAND PRESERVATION FEB A 7 2013 TOWN OF SOUTHOLD � ,q�®®p,gppEq� February 7, 2013 ® Carol Festa 4-6 aS Thomas Geppel LIV 2 MAX, LLC P.O. Box 792 Mattituck, NY 11952 RE: SCTM # 1000-96.-2-10.2 LIV 2 MAX, LLC a.k.a HARBOR VIEW FARM LLC or 8 HANDS FARM Request for Land Preservation Committee Review of proposed agricultural structure on property on which Town owns a development rights easement Dear Landowners: The Land Preservation Committee Members, in accordance with Section 70-5 C. (2) [3] of the Town Code and Section 4.06 of the recorded Development Rights Easement, reviewed the request you outlined in an application dated January 8, 2013 for a proposed 60'x120' Morton-style building to be located within the area of the property subject to a Town development rights easement. Town Code Section 70-5-C. (2) [3] and the Development Rights Easement Section 4.06 require that the Committee serve as a review board for the granting of permits for the construction, reconstruction and additions of and to structures in or on agricultural lands in which the development rights have been acquired by the Town. The recorded easement for this property allows land within the easement to be used for the purpose of agricultural production. The use and improvements you requested are consistent with agricultural production and the recorded easement. The Committee is approving the use/improvements you requested within the development rights easement area. The Committee's approval does not mean that you can proceed with construction. All improvements are subject to all applicable Town Code requirements. Agricultural production, as defined in Town Code Chapter 70 does not allow for processing and retailing and such uses are not allowed within the area of the property subject to the development rights easement. The use/improvements approved by the Land Preservation Committee are as follows: 1. Construction of a 60'x120' Morton-style building to be located within the Easement area, approximately 200' from Cox's Lane, as shown on the attached sketch submitted on 1/8/2013. 2. Building use is for animal housing, storage of hay and agricultural equipment. 3. Installation of two 10'x10' drywells with 8'6" effective depth in area sketched on survey. Please note that the Committee's approval of the use/improvements within the easement does not mean that such use/improvements will be approved or permitted by other Town Departments or agencies. The Committee's approval allows you to proceed with pursuing any applicable approvals that are required by Town. Code. The Committee's approval is for that mentioned above only. Any changes, or additional improvement, will require approval by the Land Preservation Committee. Please feel free to call me if you have any questions regarding the above. Sincerely, Melissa Spiro Land Preservation Coordinator MS/md encs: landowner's application & survey showing proposed location cc: Planning Department w/ landowner's application & survey Building Department w/ landowner's application & survey Zoning Board of Appeals w/ landowner's application & survey M>!aLISSA A.SPIRO 4$ OF Tpwn Hall AnnexON: LAND PRESERVATION COORDINATOR r'L'� z% 54375 State Route 25 t. .melissa spiro@town.southold:ny.us (comer of.Main Rd&Youngs Ave) Southold;New York Telephone(631)'765-571.1SAO (O Facsimile(631)•765-6640 : MAILING.ADDRESS: P.O.Box 1179 9 Southold,NY 11 71-1)959� DEPARTMENT OF LAND P.RESERVArION TOWN OF SO UTIIOLD REQUEST for Aericultural-Structure Placementon PDR Lands Tax Map;No.,.10Q0.- :. °I (v I. am.4he.-owner.. of the.-property, describ"d; .below. and. on which.-.the-Town. p.ur:chased a. development' . rights/conservation.-easement on.or about_ brim 1.1 ZQti�� (date).. Name:of.Owner(please pririt): Name(s)�of.previous:owner:. Te:.6`0'Jill C� h J. (if.applicable): .. Mailing Address.: -P,Q. M-OL,�h-Iyc.IL; (R Sz Pho.neiVumber:..........'.. Property Location:. t✓(iu J :.. .List type;.size,.arid.use.:of..each.agricultural.structure.proposed.:.CC : = : --- - .. Cam. :. *Attach..location, map: (survey,.,tax,map,. or sketch plan). showing placement area`of agricultural. structure(s),: distance from property boundaryaines;,and•any readily available.information.relating to.your request:. You.may talk with.the:Coordinator at(63T)765-57I1.to..discuss.questions.o.r.to.arrange:to.participate.in:any of tlae:_regular meetings of:the.'Land Presipivation.Committee..• I: Mr.Thomas Geppel Jr. 450 Harbor View Ave. AAA,4 „f _ Mattituck,NY 11952 Ap .;cant Please.ret;j to the.completed.fo.rm..with.attachments..to: �r D Town.of.Southold.-;and:Preservatao .DepartMent :. 1 1A1L:attachments.must b'e.signed.and.dated.,by•property owner. JA N 2 2. 2013. DEPT. F LAND PRE E TION kik Cq Lei tie-- 4 SURVEY OF PROPERTY A T CUTCHOG UE o F TOWN OF SO UTHOLD n,�� "�'A SUFFOLK COUNTY, N. Y . � r 00 1000-96-02-10 �. SCALE.- .1'100' `S JANUARY 10, 2007 JAN. e6, 20ONCERT1FICATIONI 1• 6, fti ;0 f FALLOW FIELD `\ �> �Iyy � ry 06 0 , -.--.- DEVELOPMENT RIGHTS EASEMENT AREAa25.6936 ACRES OUG4 R& *Eu FALLOW FIELD N rOc�.� , MAILING ADDRESS: PLANNING BOARD MEMBERS w`Of S0 P.O.Box 1179 L/ DONALD J.WILCENSKI O�`� y�l Southold,NY 11971 Chair OFFICE LOCATION: ,QQ"� WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RTCH III (cor.Main Rd. &Youngs Ave.) ,w MARTIN H.SIDOR Olif'�'oU�i�`�.v Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVE® JAN 2 9 2013 To: Leslie Weisman, ZBA Chairperson BOARD OF APPEALS Members of the Zoning Board of Appeals From: Donald J. Wilcenski, Chairman J� Members of the Planning Board Date: January 29, 2013 Re: Request for Comments for Harbor View Farm, LLC (8 Hands) SCTM#1000-96-2-10.1 ZBA#6625 The Planning Board has reviewed the application referenced above for the conversion of an existing barn to a farm stand and offers the following comments: The Planning Board supports the granting of the variances as applied for. The parcel has historically been farmed and includes a barn, garage and two-story dwelling on a reserved 1.84 acre parcel which is adjacent to a 25.69 acre parcel with Development Rights sold to the Town of Southold. Upon reviewing the Comprehensive Plan, it has been determined that this proposal is consistent with the goal of supporting and maintaining agriculture. The conversion of an existing agricultural building to a new agricultural use (farm stand) will be furthering this goal. Thank you for this opportunity to provide comments. Please be advised that the Planning Board is currently in its site plan review process for this application and reserves the right to make any necessary changes to the site plan after reviewing all proposals thoroughly. RECEIVED ,,- 7 JAN 9 2013 TOWN OF SOUTHOLD FORM NO. 3 BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: October 17, 2012 TO: Harbor View Farm LLC for Updated: January 8, 2013 LIV 2 Max LLC 450 Harbor View Ave., Mattituck, NY 11952 Please take notice that your application dated October 5, 2012 For permit to convert a portion of a barn to a farm stand at Location of property: 5000 Cox Lane, Cutcho ug e,NY County Tax Map No. 1000- Section 96 Block 2 Lot 10.1 Is returned herewith and disapproved on the following grounds: The proposed farm stand is not permitted pursuant to Article II, 72-5 & 6, which states: A farm stand permit shall be issued to applicants meeting the following requirements, and Such farm stands shall not require site plan approval from the Planning Board, notwithstanding the provisions of Chapter 280, Article MV: 1) The farm stand is located on lands used in bona fide agricultural production by the owner or lessee of the property. 2) The permanent farm stand structure is set back at least 50 feet from the road. The criteria of bona fide agricultural production has not been shown &the farm stand is proposed at approximately 17' feet from Cox La. Also, approval from the Southold Town Planning Board is required. Note: Land Preservation permission is required also. Authorized Signaturev 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. r RECEIVE[ 9 2013 Fee: $ Filed By: Assignment No. JF APPEAL— APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE /' House No.lM Street CO-1 La ►IC_ Hamlet 1—G, "0`1 y ,-,, SCTM 1000 Section Block Lot(s) /0, Lot Size Ic ��WCresZone A ►�t LLt 1�7,1►--2 q(p Z 1� 2 c25•6,`7"CreS I(WE) APPEAL T E WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED y'" BASED ON SURVEY/SITE PLAN DATED 1 1,0 S Applicant(s)/Owner(s): Vla,) F7001t vy? Mailing Address: y 50, V bor \/f-e�l kol �J,L- _1 Lq S 2- Telephone:_ Fax: Email: CQ S4X P 0Aen 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: for( ) Owner( )Other: Address: i Telephone: Fax: Email: I Please check to specify who you wish correspondence to be mailed to,from the above names: (\4 Applicant/Owner(s), ( )Authorized Representative, ( ) Other Name/Address below: i WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED 1 10 and DENIED AN APPLICATION DATED 1 4) FOR: j Building Permit ( ) Certificate of Occupancy ( )Pre-Certificate of Occupancy O Change of Use ( )Permit for As-Built Construction i ( ) Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers,Do not quote the code.) Article: :M Section: -42- Subsection: 5 4-6 Type of Appeal. An Appeal is made for: W 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, ` Q 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) � {� I X { oper%tf 15 a 5iv)5}•2 [DG,rCE� ComPv \SC.A 2V5,io`1 a c`2vf`o17w�P.u�` r(Skis sold tQ,16 �a. ,,v, g d\ ts Pry �vScsa . �� C,\ct`cc,� C-0"\k v)c� 0#j�� � RECEIVED Name of Owner: ZBA File# JAN 9 REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized): BOARD OF APPE•`-,'-S 1.An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted,because: I7vt Idt VIC, CAV-e -ems 14s av-.A we acre Y-)(A 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: 0O►''— tyu Gfl O 0,� e�6 v�l,(_,/ view �1 v V C (tom S l vl l���t� CG L 3.The amount of relief requested is not substantial because: 1 w e a r-e V-1 CA -P V-n f us►►10 a ry vV\e OVA t n LtYI o-F 441Ao loa r ► ' e ►�i " �"P e.✓ l tom► e , 4.The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the tr^ neighborhood or district because: �e e,X►Sk t ✓1 S.h,J� 1 �c�S �E'vl PG V-+ � r s i V,ce' [ cI2 W t�4e►mod ` b etk i . 71 a)� -ea 11-et V1 ce a ke "t i 5.Has the alleged difficulty been self created? { } Yes, or $,No Why: ��cAaSCA `t1xe_. V rt&e ivx ZID I\ W\ vl-J s- kiC'b4rrS OAVM 1h la-ce- Are there any Covenants or Restrictions concerning this land? W No { } Yes(please furnish a 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 communi ` jSie of Applicant oj Authorized Agent (Agent must submit written Authorization from Owner) Sworn to before me this Ck day of 'j7A Iy 20_Lt_. Notary Public VICKI TOTH Notary Public State of New York No.01YO6190696 Commission PxPiresrJuly County _ i I APPLICANT'S PROJECT DESCR__ _ION APPLICANT: i � I A) G V0A S (6, Hfn tiC�S DATE PREPARED: 1.For Demolition of Existing Building Areas �ylaoZ Please describe areas being removed: N , f RECEIVED J 1 II.New Construction Areas(New Dwelling or New Additions/Extensions): BOARD OF APPEALS Dimensions of first floor extension: n/ IA Dimensions of new second floor: -A)A Dimensions of floor above second level: n/ I'A- Height(from finished ground to top of ridge): nU CL-161ns-e Is basement or lowest floor area being constructed?If yes, please provide height(above ground)measured from natural existing grade to first floor: M.Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: see a�f1 cf'ej (e I Number of Floors and General Characteristics BEFORE Alterations: r ,t+1.. �'%06, T k- ,-© c,sc:_� 5 I Number of Floors andChangers WI(T''H Alterations: eve I wa z -P lVtiJvtnl/1PiY Jt '1�10c�f5 � �t/��l/l `t�� C� OL C3ZC-Ar PL�L/i ce. e7hn s jc�e c ve IV. Calculations of building areas and lot coverage(from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Vl Square footage of your lot: $0,ISD (o-F- 1.464 caC�s Clv�:c{ l j\9 i 2L?(0 Q F 2 Vk M Percentage of coverage of your lot by building area: I= I V.Purpose of New Construction: Ty C 0V\VC J Ok O o d 10 vN rl) Q [or,✓✓\ •: Ct•►/i/Vl S tit�i �_'i 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): i i Please submit 8 sets of 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. 4/2012 i RECEIVED J QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION JAN 9 2013 A. Is the subject pre mis s listed on the real estate market for sale? BOARD OF APPEALS Yes V No B. Are there any proposals to change or alter land contours? -_X__No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? N 2.)Are those areas shown on the survey submitted with this application? AZ I A I 3.)Is the property bulk 4e�ded between the wetlands area and the upland building area? //-t 4.)If your property contains wetlands or pond areas,have you contacted the Office of the Town trustees for its determination of jurisdiction? A-)MY Please confirm status of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? (1/O E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? IlJo Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? /Vo If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. / H. Do you or any co-owner also own other land adjoining or close to this parcel? /w b If yes,please label the proximity of your lands on your survey. ff 1. Please list present use or operations conducted at this parcel ih ve ��le S ac1ovc cis",rc l mts o�- fi,r 66L and the proposed use -rg opec-ci*_ a- shec-p 0 -Yu✓vt1 a 1.,c( -4C<✓vim SiGc (ex:existing single family,proposed:same with garage,pool or other) l� I Authorized signatu a and Date I I I i i RECEIVED JAN 9 2013 January 8,2013 BOARD OF APPEALS Dear Zoning Board Members: We recently applied for a building permit to convert an existing barn into a farm stand, for which we were denied pursuant to Article II,72-5 &6. The property where we propose to put the farm stand was purchased by us in 2011 from the Peconic Land Trust with the intent to build a multi-faceted,sustainable farm operation with the centerpiece of our operation based on products generated from the raising of sheep. We are currently leasing land in Mattituck where we have a flock of 37 Icelandic sheep, which we anticipate to be as many as 70 following the spring lambing season. The sheep are a multi purpose breed, raised in Iceland for meat but also prized for their fleece and the suitability of their milk in the production of premium cheese products. The property we purchased in Cutchogue from the Peconic Land Trust is part of the county agricultural district 1 and has been in agricultural production for many years. Most recently it was leased by Sang Lee to grow his organic vegetables. Currently the land is planted in some vegetables and a variety of forage in anticipation of the move of our sheep to this property. Historically the land has been used in bona fide agricultural production and will continue to be used in this manner. We project initial revenues based on the current flock size and average lambing rates for the breed,of$42,560. The land is a single parcel comprised of 25.69 acres with development rights sold and 1.84 acres on which are located a 4200 square foot double barn structure and a house. We would like to utilize the north half of the barn (2100 sq ft.) for a farm stand. We do not want to change the footprint of the barn,rather we propose placing the entrance for the farm stand on the north side of the structure,away from the road and facing the proposed future parking area. The doors would be installed at 34 feet from that side of the building or 51 feet from the property line. Please see sketch of the proposed farm stand. We are very excited about our future farm operation. We have been residents of the North Fork since 1993 and have always appreciated the agricultural facet of our community and looked forward to the day when we might take part. We have spent much time researching and thinking about a venture that would add to the community and be part of the sustainable farming and local food movement. We believe we have such a venture. A farm stand would be a critical component to bringing our goods to the market. We look forward to working with you to see it come to fruition. S' herely, arol Festa Thomas Geppel 617.20 / Appendix C �(�25 State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORMRECEIVED For UNLISTED ACTIONS Only JAN 9 2013 PART 1 -PROJECT INFORMATION To be completed b plicant or Project Sponsor) 1. APPLICANT/SPONSOR ( , 2. PR JECTNAME BOARDBOARDOF APPEAL �-a1/b� V�/tcx( �`iM-S - S V tr1/L� 3. PROJECT LOCATION S/'+� t. ff-- r Municipality lit. u _ County v 4. PRECISE LOCATION(Street address and road intersections,prominent landmarks,etc.,or provide map) AjI1�3� 5. PROPOSED ACTION IS: New Expansion Modification/alteration 6. DESCRIBE PROJECT BRIEFLY: 1 � )JIc �vc7tl�A 1 Q +v _a)nve'V,, G'� �0� '1' chit Gt` CX1S�I'lrl 7. Initially OF N AFFECTED: Ultimately ! ✓ -r "� acres ��-�UY 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? Yes No If No,describe briefly 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? Residential ❑ Industrial 0 Commercial Agriculture1:1 Park/Forest/Open Space Other Describe: 10. DOES ACTION INVOLVE A PERMIT APPROVAL,OR FUNDING,NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL,STATE OR LOCAL)? RYes No If Yes,list agency(s)name and permit/approvals: ?j(u kCA Ivl� be q t- �vti ev► 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes Wo If Yes,list agency(s)name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMIT/APPROVAL REQUIRE MODIFICATION? j Yes No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE ApplicanUsponsorvame, l'z) Date: Signature: If the action is in the.Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER 1 J '5, # PART II - IMPACT ASSESSMENT To be completed by Lead Agency) A. DOES ACTION EXCEED ANY TYPE I THRESHOLD IN 6 NYCRR,PART 617.4? If yes,coordinate the review process and use the FULL EAF. Yes No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR,PART 617.6? If No,a negative declaration may be superseded by another involved agency. Yes No C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WITH THE FOLLOWING:(Answers may be handwritten,if legible) C1. Existing air quality,surface or groundwater quality or quantity,noise levels,existing traffic pattern,solid waste production or disposal, potential for erosion,drainage or flooding problems? Explain briefly: C2. Aesthetic,agricultural,archaeological,historic,or other natural or cultural resources;or community or neighborhood character?Explain briefly: C3. Vegetation or fauna,fish,shellfish or wildlife species,significant habitats,or threatened or endangered species?Explain briefly: C4. A community's existing plans or goals as officially adopted,or a change in use or intensity of use of land or other natural resources?Explain briefly: C5. Growth,subsequent development,or related activities likely to be induced by the proposed action?Explain briefly: C6. Long term,short term,cumulative,or other effects not identified in C1-05? Explain briefly: C7. Other impacts(including changes in use of either quantity or type of energy)? Explain briefly: D. WILL THE PROJECT HAVE AN IMPACT ON THE ENVIRONMENTAL CHARACTERISTICS THAT CAUSED THE ESTABLISHMENT OF A CRITICAL ENVIRONMENTAL AREA(CEA)? Yes EJ No If Yes,explain briefly: E. IS THERE,OR IS THERE LIKELY TO BE,CONTROVERSY RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS? Yes No If Yes,explain briefly: PART III-DETERMINATION OF SIGNIFICANCE(To be completed by Agency) INSTRUCTIONS: For each adverse effect identified above,determine whether it is substantial,large,important or otherwise significant. Each effect should be assessed in connection with its (a)setting(i.e.urban or rural);(b)probability of occurring;(c)duration;(d)irreversibility;(e) geographic scope;and (f)magnitude. If necessary, add attachments or reference supporting materials. Ensure that explanations contain sufficient detail to show that all relevant adverse impacts have been identified and adequately addressed. If question D of Part 11 was checked yes,the determination of significance mustevaluate the potential impact of the proposed action on the environmental characteristics of the CEA. Check this box if you have identified one or more potentially large or significant adverse impacts which MAY occur.Then proceed directly to the FUL EAF and/or prepare a positive declaration. Check this box if you have determined,based on the information and analysis above and any supporting documentation,that the proposed action WILL NOT result in any significant adverse environmental impacts AND provide,on attachments as necessary,the reasons supporting this determination Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Pre-parer(If different from responsible officer) i RECEIVED JAN 9 2013 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval,use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant: }tar ho r v�C-vi , ✓►'LS 2. Address of Applicant: "t S 0 rn�-b 3. Name of Land Owner(if other than Applicant): U J 2 AA a u t_LC 4. Address of Land Owner: JP,O, an g —1- 2 i cl` l CA S Z 5. Description of Proposed rI Project: To co nVQr"r &- rito✓1 OT e V-�,,r 0. TcVKk S Ghc� 6. Location of Property: (road and Tax map number) Co X i.aK-P—, C.t& -c1-t ox V e— 1 ) 4 M�p tooD— R b -Z.-/0. l 4= 7. Is the parcel within 500 feet of a farm operation? {�'} Yes {, No 8. Is this parcel actively farmed? Dq Yes { } No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRE 1. S+eve.r, b obner- Iq0 I+6K HV I1-0w tj"- x 2. Ci o e✓lZ M v Lt V TV 15�- ZytiX (Q)( Lo v)e- ( c Qw- 3. ,h)c Ce-p "'�► I-A 131 c V C, e Pa$� , ?0 sit h Hsu N`� 1 l-4 T 4. 5. 6. (Please use the back of this page if there are additional property owners) 1 Signatu e of Applicant Date Note: I.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. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant 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. RECEIVED � APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM JAN 9 2013 The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officeRg qlq es.�'A�rRL5 of this form is to provide information which can alert the town of possible conflicts of interest t to take whatever action is necessary to avoid same. i YOUR NAME :69 rD (Last name,first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance X Trustee Permit Change of Zone Coastal Erosion Approval of Plat Mooring Other(activity) Planning 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 ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself(the applicant/agent/representative)and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) I I A)the owner of greater that 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 I DESCRIPTION OF RELATIONSHIP Submitted this day of �rl ,20 Signature Print Name I I i 1 I I RECEAV Town of Southold a 5 1 JAN 9 2013 LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS A. 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 SCI'M# _-_�- JD, l 'i--1 Ci 2— The Application has been submitted to(check appropriate response): Town Board Planning Dept. E Building Dept. JAI Board of Trustees 0 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital 0 construction,planning activity, agency regulation, land transaction) (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval,license, certification: Nature and extent of action: vent LA ASP r9 o� ✓� 0► S �, K/l V W\ 5 h Location of action: Site acreage: Present land use: a j((U t 6 Va � f I Present zoning classification: CLQ V l CU �.�I u V OL'V 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: ` f (a) Name of applicant: uv,,6 V�r...z �6VJM L�/( c, -►�� �cS l6kcLs (b) Mailing address: 5(� ,,V bay/ y 1 f A (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? i 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) • FORM NO. 4 RECEIVED TOWN OF SOUTHOLD BUILDING DEPARTMENT JA N 9 2013 Office of the Building Inspector Town Hall Southold, N.Y.' BOARD OF APPEALS PRE EXISTING CERTIFICATE OF •OCCUPANCY No Z-20456 Date JANUARY 8, 1992 THIS CERTIFIES that the building ONE FAMILY DWELLING Location of Property 4735 COX'S LANE CUTCHOGUE, N.Y. House No. Street Hamlet County Tax Map No. 1000 Section 96 Block 2 Lot 10 Subdivision Filed Map No. Lot No. conforms substantially to the Requirements for a One Family Dwelling built Prior to: APRIL 9, 1957 pursuant to which CERTIFICATE OF OCCUPANCY NUMBER Z-20456 dated JANUARY 8, 1992 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is ONE FAMILY DWELLING WITH ACCESSORY WOOD GARAGE, TWO WOOD STORAGE SHEDS, AND LARGE WOOD FRAMED FARM BUILDING. The certificate is issued to ALBIN PIETREWICZ (owner) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A REC�VE�/ BUILDING DEPARTMENT TONN OF SOUTHOLD, N. Y. JAN 9 2013 HOUSING CODE INSPECTION REPORT BOARD OF APPEALS Location 4735 COX LANE CUTCHOGDE, NEW YORK number & street (Municipality) Subdivision Map No. Lot(s) Name of Owner(s) ALBIN PIETREWICZ Occupancy R-I OWNER type o wzier--tenant AdmittecL by: OWNER Accompanied by: SAME Key available Suffolk Co. Tax No. 96-2-10 Source of request ALBIN PIETREWICZ Date DEC. 6, 1991 DWELLING: Type of construction WOOD FRAMED #stories 2 Foundation CEMENT BLOCK Cellar PARTIAL Crawl space REST Total rooms, lst. Fl 7 2nd. Fl 4 3rd. Fl Bathroom(s) I Toilet room(s) I Porch, type GLASSED IN Deck, type Patio, type Breezeway Garage Utility room Type Heat OIL FIRED Warm Air Hotwater xx Fireplace(s) No. Exits 2 Airconditioning Domestic hotwater YES Type heater OIL FIRED Other ACCESSORY STRUCTURES: Garage, type const. . WOOD Storage, type const. TWO WOOD Swimming pool Guest, type const. Other LARGE FARM STORAGE, WOOD FRAMED DU1LL 11YV Li'i rt11S 1111S,1V1 Office of the Building Inspeci Town Hall N.Y. Southold, N JAN 9 2013 CERTIFICATE OF OCCUPANCY BOARD OF APPEALS No Z23001 Date May 17, 1994 THIS CERTIFIES that the building ADDITION Location of Property 4735 COX'S LAM CUTC$OGUE House No. street Hamlet county Tax Map No. 1000 Section 96 Block 2 Lot 10 Subdivision Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated APRIL 13, 1994 pursuant to which Building Permit No. 22022Z dated APRIL 25, 1994 was issued, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is A DECK ADDITION TO EXISTING ONE FAMILY DWELLING AS APPLIED FOR. The certificate is issued to ALBIN PIETREWICZ (owner, lessee or tenant) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL N/A UNDERWRITERS CERTIFICATE NO. N/A PLUMBERS CERTIFICATION DATED N/A 9 Building Inspector FORM NO. a � TOWN OF SOUTHOLD DECEIVED BUILDING DEPARTMNT Town Clerk's Office Southold, N. Y. JAN 9 2013 BOARD OF APPEALS Certificate Of Occupancy No.�b . . . . . . . Date . . . . . . . . . . . . . . .X67 . . i. . . ., 197.0. THIS CERTIFIES that the building located at . WI& Cox.LUM... . . . . . . . . . . Street Map No. .X= . . . . . . . Block No. .3. . . . . .Lot No. . X=- ftt0hQV0. . .l1PY... . . . . . . . conforms substantially to the Application for Building Permit heretofore filed in this office dated . . . . . . . . . . . . . .Y43.20..1 19.74. pursuant to which Building Permit No. -72680 dated . . . . . . . . . . . .bier . .21. . ., 1974. ., was issued, and conforms to all of the require- ments of the applicable provisions of the law. The occupancy for which this certificate is issued is .Printo. .Quo, ft*$1 '.dwo.11$nX.l jtb. Addj fiQ1f. . . . . . . . . . . . . . . . . . . . . . The certificate is issued to . . .Albin. P.ietravielL . . . . . . 0=0!. . . . . . . . . . . . . . . . . . . . . (owner, lessee or tenant) of the aforesaid building. Suffolk County Department of Health Approval No R.. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . UNDERWRITERS CERTIFICATE No. .penUnA. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . HOUSE NUMBER . . .5001A . . . . . . Street .Cox: .Lme . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Building Inspector l r -/JlY V EGA Is ti JAN 9 2013 BOARD OF APPEALS ,AN 9 2013 130ARG OF APPEp,LS 4 , - J JAN 9 2013 ! �� PPEALS RECEIVED JAN 9 2013 - - '-- BOARD UE APPEALS y y TOWN OF SOUTH Dj,PROPERTY RECORD CARD OWNER _ STREET ��— VILLAGE DIST. _ SUB. LOT ond ACR. jj� _ REMARKS 3�/�d 1, 8 �� 7�U TYPE OF BLD. _CI GC Y 17 oC�- L 1,?Q 9 4D 4 IV " (G(_- I 0l G Z-V. PROP. CLASS 9lJ'Q,COE !! (o 0 - L..1 a D 51 - P e f'C z - 4o t . i...-.e`-. LAND IMP. TOTAL DATE toy 7 U , l IV 0 : Q �_ _ ��� Le-,m iyu 00 04 5100 3 1 Z E. Q � n Tj4l,tellz - -Lz&-4t2q5 FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLANDa, DEPTH MEADOWLAND BULKHEAD HOUSE/LOT t TOTAL COLOR TRIM 14 i x" M. Bldg. .Sv a Extension x ->--v Sv v / o D c Extension — �/ G o Extension Re.4 eD 3 9 Foundation -Ba'th. . '. Porch � .I �� Dinette /6-o �4 O Basement F(oors. K.Porci-��I� �y — �(o A 16 — Z S Ext. Walls y 4 r, Interior Finish LR. N,<�, Fire Place, Heat Garage X. -.. - iY o L,,) DR. 3 S 3g� Type Roof Rooms 1st Floor BR 6.'r3o r .7 74 = 9a p r7 S Recreation Room Rooms 2n p; B. d Floor 7 0 X 3 D a/ a 39S So /osro . , Dormer FIN. B Total Driveway 3 2— t l AA wi ry o v �G _ .a _ b TOWN OF SOUTHOLD PROPERTY RECORD CARD l OWNER. STREET G71 ;? VILLAGE DIST. SUB. LOT n �� /Cl Z Cox "'r ka n efir, FORMER OWNER Na _ E ,�i it ACR. S/ p W /e v•. TYPE OF BUILDING i RES. f O i SEAS. VL. FARM COMM. ('CB. MILS. M 't. Value LAND IMP. TOTAL DATE REMARKS �-/2 f/7( (.9-aIe%, �e e .i ce► �o �,�,� 1r / Ur1-D v 1.)) oPJ .(.' �i �.a �� z`•ay% S 49a C U y9 5�3�/�? r -12 A E ��f...0 BUILDIN CONDITION Nr-w N 0 R4A L BE S BOV FARM Acre �du � -Value Per�G � Value t � "/ �-v Acre �. -/3 4/� G/rr )ED Tillable/5uc) FRONTAGE ON WATER 6�/IFS a5' �d"0 4/I `l GX� 7 coo r q6 s Woodla 0� U I = FRONTAGE ON ROAD ��/�v " " Co zb v r� 3 r -i -7?.Z8.4) DEPTH 1 - BULKHEAD r Zo v I r D �� � 3 '. -� - o e < rgz.n z3a-= 3 a _. 7l qs �o S = 1i ' TOWN OF SOUTH D' ]PROPERTY RECORD CARD OWNER ^— ^STREET -7_3q-- VILLAGE DIST. SUB. _ LOT ;`1 VZ Mph'' ►-' 'C., rr F� Fr l` `� ACR. ^ � REMARKS 3 /�O / -- TYPE OF BLD. 3 3 �' - �� %/ O �� 20-5 (((, I. ie.(,L)I C Z�- PROP. CLASS q`IO,00b Lb W/04- A� LAND IMP. TOTAL DATE O .100 FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT + PC- TOTAL o��g�FFO(�-co ELIZABETH A.NEVILLE,MMC �� r/y Town Hall,53095 Main Road TOWN CLERK p P.O.Box 1179 y Z Southold,New York 11971 REGISTRAR OF VITAL STATISTICS $ • Fax(631)765-6145 MARRIAGE OFFICER y RECORDS MANAGEMENT OFFICER �0,( �a0 Telephone 76 . FREEDOM OF INFORMATION OFFICER www.southoldtldtownnygov oo OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: January 15, 2013 RE: Zoning Appeal No. 6625 Transmitted herewith is Zoning Appeals No. 6625 for Harbor View Farm LLC dba 8 Hands the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agricultural Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Copy of Pre Existing Certificate of Occupancy No. Z-20456 for One Family Dwelling With Accessory Wood Garage, Two Wood Storage Sheds and Large Wood Framed Farm Building Dated January 8, 1992, Copy of Housing Code Inspection Report Dated December 6, 1991, Copy of Certificate of Occupancy No. Z23001 for A Deck Addition to Existing One Family Dwelling Dated May 17, 1994, Copy of Certificate of Occupancy No. Z6949 for Private One Family Dwelling with Addition Dated March 26, 1976, Four Pages of Photos of Property, Three Pages of Property Record Cards, Copy of Notice of Disapproval Updated January 8, 2013, Letter Explaining Proposed use of Property Dated January 8, 2013 from Carol Festa, Survey Showing Property as it Exists Prepared by Peconic Surveyors Dated January 10, 2007, Three Pages of Plans Showing Floor and Property Layout. Town of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 01/10/13 Receipt#: 145391 Transaction(s): Reference Subtotal 1 1 ZBA Application Fees 6625 $500.00 Check#: 216 Total Paid: $500.00 Name: Harbor, View Farms Llc 450 Harbor View Ave Mattituck, NY 11952 Clerk ID: CAROLH internal ID:6625 ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 1 /9/13 ZBA# NAME CHECK # AMOUNT TC DATE STAMP 6625 Harbor View Farm.,,, LLC 216 $500.001 ' .RECEIVED d/b/a 8 Hands JAN � 02013 Southold Town Clerk $500.00 By_lc_ Thank you. r Imo." — — T�{ � _��.�-�. ® ® e - ���.I�©����._g ©t.--t�'-•�I'F`>CQ.1JIRi.=r",-1Rf'll©�12Fb•��f--`—z--�--. --•---':,•-----.------"? 4 "File .Edit View .Toolbar Window Help 96_-2-10.2 j4 889 Southold Active R1S:1 School: Mattituck Scho LIV2MAX L Roll ear: 20121 Curr Yr Land rights Land AV: 3,200 4735 Cox nC � La Size:25.69.acres T6talAV: 3,200 (-- I. F?arcel96. 2'- Tota ,Exemptions-,(RightClick'to Add): - Inif Term Own' - CO- 'History emptiori Code' " Amount Pct': Year 'Year Pct !' b­Li Assessment . 74i720 AG DIST 2,900. 1 1 : �i Exempt(s) ..,..�� Spec.Dist(s) . n Description . Owners o ro x ',._i 1-Li ..:.. ,Images ...:.��' Gis. . Misc_ E, . - - .TermY.r: Res Pct: F7° -,� Site(1),Res Code: 41720 AG DIST. '. [_L.11.Sale11118111 -- , . Eq Rate: . 1.11 ; -. - Amount: _ _2,900" I InitYear Z008 " ; 127. -Site(1)'Res. Percent: M L� SaleMM/07 T.- Own Pct:r d' Site(1)Res Exemption Amounts: axa. ,e Values: ; u Sale05111l07 County: 2,900 County: 300 Muni: 2,900 Muni: 300 School: 2,900 School: 300 Schl after STAR: 300 - - Ready- - -- --- - - -- -, "Star.t Inbbx - f�licroso,,, { `Seareh Results II �T fVlunlci 1• ( 'I. ty ,RPS herslon ,,, BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson . ��oF S0!/r�o 53095 Main Road•P.O.Box 1179 �O !� Southold,NY 11971-0959 James Dinizio,Jr. .� Office Location: Gerard P.Goehringer T Town Annex/First Floor,Capital One Bank George Horning • HOC 54375 Main Road(at Youngs Avenue) Ken Schneider Olif'CDU Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, MARCH 7, 2013 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, MARCH 7, 2013: 10:20 A.M. - HARBOR VIEW FARM. LLC. dba 8 HANDS #6625 - Request for Variance from Chapter 72, Article II, 72-5 (B), 72-6 (1 A 3) and the Building Inspector's October 17, 2012, updated January 8, 2013 Notice of Disapproval based on an application for building permit to convert a portion of an existing barn to a farm stand, at;- 1) less than the code required setback of 50 feet from the road, 2) the criteria of bona fide agricultural production has not been shown, located at: 5000 Cox Lane, Cutchogue, NY. SCTM#1000- 96-2-10.1 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.TothO-Town.Southold.ny.us Dated: February 5, 2013 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 vN V-A 17� 19,19 TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD,NEW YORK .I .� AFFIDAVIT OF In the Matter of the Application of MAILINGS .��iY�dy1'` U l�.tJ�.� '�c?V�Vl_ 1�.�(✓ G��": 5-�-�t'i�S (Name of Applicants) SCTM Parcel# 1000- t W -- Z— l O < COUNTY OF SUFFOLK STATE OF NEW YORK F residing at 4SO get v6ay V,ou, �re tl llvc.�- New York, being duly sworn,deposes and says that: On the Iu1-"day of ���" , 20 i3 I personally mailed at the United States Po.st.Office in C u �o �2� , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with.the )Assessors, or( ) County Real Property Office for every property which abuts and's a ross a public or private street, or vehicular right-of way of record, surrounding t e a lic7 : operty. (Signature) Swoin td before me this CONNIE D. BUNCH a of F---b �0'�`'` � , 20 )3 Notay Public, State of New York U( L No. olBU6185050 Qualified in Commiss'on Exp esoApCc. ril4�0 /41 (N tary Public) ' PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. ■ Complete items,,2,and 3.Also complete A. n7re item 4 if Restriced Delivery is desired. X ❑Agent ■ Print your name'Ind address on the reverse ❑Addressee so that we can reurn the card to you. B. Rec e C., at�t f livery ( �� ■ Attach this card tc the back of the mailpiece, O` `GCor on the front if space permits. ` I V 1. Article Addressed td D. Is de from item 17 ❑Yes If YES,enter delivery address below: ❑No ! y 3. Service Type ❑Certified Mail ❑Express Mail 1 ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑"Yes 2. Article Number 7p11 3500 0001 1682 4942 orm ,:February 2004 _ Domestic;Return Receipt 102595-02-M-1540 j i ■ Complete items 1,2,and 3.Also complete A. Signature f' 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 Na C. ate f Del ery■ Attach this card to the back of the mailpiece, or on the front if space permits. - j V 1. Article Addressed to: D. Is delivery a dress different from item 14 es _ If YES,enter delivery address below: ❑No 2-6 0 )\JeW Sv COro ftt�1�� i1 —c,A,,OU / N. 3. Service Type ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise l l ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. A_..-• - o 7011 3500 0001 1682 4928 PS Form 3811.,February 2004 Domestic Return Receipt 102595-02-M-1540; ■ Complete items 1,2,and 3.Also complete A. Signet e L item 4 if Restricted Delivery is desired. ❑Agent Print your name and address on the reverse El Addressee so that we can return the card to you. B. Received by(Printed Name) C. Date of Delivery ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: D. Is deiye'Qdress different from item 1? ❑Yes I � AA If enter livery address below: ❑No R VkICU�G ky)V1 MO VtiL'-60ee V r- 6 Z CL c_l10 v-e," ll�3 SU 3. Serv(ceTe �,/ ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes x 2. Article - - - (IYana___ _ 7011 3500 0001 - 1682 4935 PS Form 3811,February 2004 Domestic Return Receipt --- 102595-o2-nn-154n; Postal icem P• CERTIFIED MAIL,. RECEIPT ■ FIED RECEIPT - ,� e. . r„- cp (Dothesda mail •Cr . °Er y ru r t - Ts` °. Hi ITItY rU�k SrATIti �lY �' ' , ,SdS' #,H@WEAR �I ro Postage $ $0 092 ro g r. C61 „n Postage $ $4.46 . 3,`i r-1 Certified Fee Flo _! a ,_ L $ � �����Fo � Certified Fee $3.14 s r= Return Receipt Fee - rl I �` J (Endorsement Required) $i C3 Return Receipt Fee : f J 0 (Endorsement Required) $2.55 a e '' O Restricted Delivery Fee (Endorsement Required) $Q,QQ (iel �(1� C3 Restricted Delivery Fee (Endorsement Required) $0.00 0 Total Postage&Fees $ $6.11 OV1412413 C3 i.Ul ! Total Postage&Fees $6.11 ,02J14 '• �' '" rt i Sent To n fT) � `�5�•F.�1"�V� �`%��E�� � Sent ToO�v --------------Y----------------------------------------------------------------------- r� Street,Apt.No.; - ------------------------------------------------------------------�- i r� \ ` r r� Street,Apt.No.; u 1� --PO Box N-- \41t 1 C�Q)31-� �'p`��� ��0 O / rr f`- City,State, — or PO Box No. 2�- N (1) City,State,ZIP+4 , __ N ---------------------------- "1Z7 l� t��-I•----------- \c ��f f1 City,State,ZIP+4 ----------- Postal Postal e 1MAIL. ■ ■ CERTIFIED RECEIPT ru (Vorrmstic Mail Only; uq (Doffiestic Man only; ir ' PRRIt 3EfR50t�Srt�TICi�! t1Y 1776 � � ��� ' CUTC�t��71� i9 %,ru RE r-O Postage $ $0.46 � =0 A.. ,11 g e cj .A Postage $ $0.46. r-q Certified Fee $3,1Q r zP i'', Certified Fee $3.10 �,45�, N, u O HOP C p Retum Recelpt Fee Postmark " Retum Receipt Fee (Endorsement Required) $a.SJ !� �/ 0 (Endorsement Required) $2.55 !Here �y C3 Restricted Delivery Fee t fA �� Restricted Delivery Fee ❑ (Endorsement Required) .Q•OQ 1/3� ® O (Endorsement Required) $0.04 C3 $6.11 02/14/9-013 0 L Total Postage&Fees $ Ln Total Postage&Fees $ . $6.11 m m ra o X _Co r p -- --- ---------- a -S nSentT S-reet f To N.;ha rR t M or PO Box No. I— j 1 C I f' �C<� or PO Box No. lti ----q----A----- - -----------— ----------- r— D 07C City,State,ZIP+4 City Stale,Z/P+4 -------------------------- Pb✓r t'���'V5b1'1 S7'n 16h1 C✓7O Jv- l 1�13� :,, r . • if i ie r j,, (dr.,r... ■ Complete items 1,2,and 3.Also complete A. Signature item 4 if Restricted Delivery is desired. ent ■ Print your name and address on the reverse ❑Addressee so that we can return the card to you. g, eived by(Printed Name C. Date of Delivery ■ Attach this card to the back of the mailpiece, t G/� or on the front if space permits. ..e �t�41- 1. Article Addressed to: D. Is delivery address different from Rem 1? ❑Yes �., ` 1\ If YES,enter delivery address below: A-No PPPiiii��yy -�� �\(\� �Acl%w �Ql NY �17 L( p 3. Service Type ❑Certified Mail ❑Express Mail ❑Registered ❑Return Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Ar (rr 7011" '5500 0001: 1682 4189.8' 1' PS Form 3811,February:2004. T Domestic Return Receipt 102e9e-02 sao; TOWN OF SOUTI-IOLD ZONING BOARD OF APPEALS 6 a� SOUTHOLD.,NEW YORK AFFIDAVIT OF In the Matter of the Application of POSTING A6(v by UtaJ T;yrvis (,UC d bl-L 9 46_)d (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel#10.00- COUNTY OF SUFFOLK) STATE OF NEW YORK) :. I, residing.at ' so 4✓6ry UI e t�l " `o,t� �v CL , New York, being duly sworn, depose and say that: On the �l day of 061 rCI , 201 3, 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 I hereby confirm that the Poster has remained-in place for seven(7)da s pri r t the date of the subject hearing date, which hearing date was shown to be t Q�C , ZO 13 Jeanne Sweet Bartos NOTARY PUBLIC,State of New York No.01BA6210083 /r Qualified in Suffolk County XAA Commission Expires August 10,2013 (Signature) Jeanne Sweet Bartos Sworn to before me this NOTARY PUBLIC,State of New York Day of /kkYc , 2013 No.OIBA6210083 Qualified in Suffolk County �Q'l�s. Commission Expires August 10,20 13 ONotary P blic) * near the entrance or driveway entrance of my property, as the area most visible to passerby. NOTICE OF HEARING. The following application will be head by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: FAME HARBOR VIEW FARM LLC , d/b/a 8 HANDS #6625 MAP # 96E=2= 1 Om .1 VARIANCE SETBACKS REQUEST CONVERT P/O BARN TO FARM STAND DATE : THURS MARCH . 7 , 2013 10 :20 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 . _ONING BOARD -TOWN OF SOUTHOLD 765 = 1809 i� #11080 STATE OF NEW YORK) ) SS: COUNTY.OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 21 st day of February, 2013. Principal Clerk Sworn to before me this day of � 2013. acHRI TINA VOLIiVSKI NOTARY PUBLIC-STATE OF NEW YORK No, 01 V06105050 Qualified in Suffolk County hty Commission Expires February 26, 2076 updated January 8.201.3 Notice of Dis- merge until the total lot size conforms you have questions,please contact our approval based on an application for to the current bulk schedule(minimum office at, (631) 765-1809, or by'email: building permit to convert a portion of 40,000 square feet in this R-40 Resi- Vicki.Toth@Town.Southold ny.us. an existing barn to a farm stand,at;1) denial Zone District)this lot is merged Dated:February 11,2013 less than the code required setback of 50 with lots 1000-31-3-10 and 1000-31-3-9, ZONING BOARD OF APPEALS feet from the road,2)the criteria of bona located at: 9775 Main Road aka State LESLIE KANES WEISMAN,CHAIR- fide agricultural production has not been Route 25(corner Stars Road),425 Stars PERSON LEGAL NOTICE shown, located at:5000 Cox Lane, Cu- Road.(Lot 10)and 455 Stars Road Lot ( BY:Vicki Toth SOUTHOLD TOWN tchogue,NY.SCTM#1000-96-2-10.:1 9),East Marion,NY.SCTM#'s—1000- 54375 Main Road(Office Location) ZONING BOARD OF APPEALS 10:40 A.M. - GEORGE and LISA 31-3-23,10,9 53695 Main Road(Mailing/USPS) THURSDAYMARCH7,2013 HAASE #6626 - Applicant request a 1:15 P.M. - DANIEL MAHONEY P.O.Box1179 PUBLIC HEARINGS Special Exception under Section 280- #6628- Request for Variance from Ar- Southold,NY 11971-0959 NOTICE IS HEREBY GIVEN,pur- 13B(14).. The Applicant is the owner title XXIII Section 280-124 and the 11.080-1T 2/21 suant to Section 267 of theTown Law and requesting authorization to establish Building Inspector's November 13,2012 Town Code Chapter 280(Zoning),Town an Accessory Bed and Breakfast, ac- Notice of Disapproval based on an ap= of Southold,the following public hear- cessory and incidental to the residential plication for building permit for partial ings will be held by the SOUTHOLD occupancy in this single-family dwelling, demolition and construction of a new TOWN ZONING BOARD OF AP- with three(3)bedrooms for lodging and single family dwelling: 1) less than the PEALS at-the Town Hall,53695 Main serving of breakfast to the B&B casual, code required front yard setback o€'35 Road, P.O. Box 1179, Southold, New transient roomers.. Location of Prop- feet,2)less than the code required mini= York 11971-0959, on THURSDAY erty: 580 Skunk Lane Cutchogue, NY mum side yard setback of 10 feet,locatedMARCH 7.2013 SCTM#1000-97-3-11.6 at:3930 Stillwater Avenue(corner Track 9:30A.M. - LAURA YANTSOS 11:00 A.M. - RJJ PROPERTIES Avenue) Cutchogue, NY. SCTM#1000- #6631-Request for Variances from Ar- LLC-#6633-Request for Variance from 137-1-10 title'XXII Code Section 280-116B and Article XXII Code Section 280-116(B) 1.40 P.M. - RAYMOND STRONG Article XXIII Code Section.280-124 based on an application for building per- #6629-Request for Variance from.Ar- and the Building Inspector's October 10, mit and the Building Inspector's Febru- title 'III Code Section 280-15 and the 2012;:updated January 3,2013 Notice of ary 5,2013 Notice of Disapproval con- Building Inspector's January 10, 2013 Disapproval based on an application for cerning a permit for a 12'X8"accessory Notice of Disapproval based on an ap- building permit for additions and altera- shed, at; 1) proposed structure at lesls plication for building permit for;an ac- tions to existing single.familq dwelling at; than the code required.,bulkhead setback cessory in-ground pool;1)location other 1)bulkhead setback of less than the code of 75 feet;located at:7225 Nassau Point than the code permitted front.yard.on required 75 feet,2)lessthan the code re= Road (adj.to Pe'conic Bay) Cutchogue, waterfront property or rear yard, lo= quired minimum side yardsetback.of 10 NY.SCTM#1000-111-15-12 Gated'at:2205 Bayview to feet,3)less than the total combined side 11:30 A.M.--GRE Avenue (adj. .0 GORY and CAR- Arshamomoque Pond) Southold, j. yards of 25 feet,4) less than the code OL KARAS 46630-Request for Vari- . SCTM#1000-52-5-2 required front yard setback of 35 feet, antes from Article XXII Code.Section 2:00 P.M.•VICKI TOTH#6627-A p- located at:3455 Bayshore Road(adj.to 280-116A(l) and Article III Code Sec- plicant request a Special Exception un- Shelter Island Sound) Greenport, NY. tion 280-15 and the Building Inspector's der Section 280-13B(14).The Applicant SCTM#1006-53-6-11• January 2.4,2013 Notice of Disapproval is the owner requesting authorization to 10,00 A.M. - SHAMGAR CAPI based on an application for building establish an Accessory Bed and Break- TAL LLC(DANIEL B TTA OCO) permit for an accessory in-ground pool; fast,accessory and incidental to#6 the resi- 626—(Adj.from February 1)top of bluff set back of less than the dential occupancy in this single-family quest for Variance from Article III Sec- code required 100 feet,2)location other dwelling, with three (3) bedrooms for tion 280-14 and the Building Inspector's than the code permitted front yard on lodging and serving of breakfastto the October 21,2012 Notice of Disapproval waterfront property or rear yard,locat- B&B casual, transient roomers. Loca- based on an application for building per- ed at:135 Soundview Road(adj.to Long tion of Property:425 Jacobs Lane(cor-. mit for construction of a third story ad- Island Sound)Orient,NY SCTM#1000- ner Main Bayview Road)Southold,NY. dition at:1)more than the code required 15-3-3 SCTM#1000-88-1-1.5 number of stories of 21/2,located at: 11:50 A.M. - GEORGE LIKOKAS 'Me Board of Appeals wilt hear all 1165 Kimberly Lane (adj.to Southold #6632 -This is a request for a Waiver persons or their representatives, desir- Bay)Southold,NY.SCTM#1000-70-13- of Merger under Article II, Section ing to be heard at each hearing,and/or 20.7• 280-1.0A, to unmerge land identified desiring to submit written.statements U:20 A.M. - HARBOR VIEW as SCTM #1000-31-3-23, based on the before the conclusion of each hearing. FARM LLC, dha 8 HANDS #6625 - Building Inspector's February 1, 2013' Each hearing will not start earlier than Request for Variance from Chapter 72, Notice of Disapproval,which states ad- designated above.Files are available-for Article II,72-5(B),72-6(1&3)and the joining conforming or nonconforming review during regular business hours Building Inspector's October 17,2012, lots held in common ownership shall and prior to the day of the hearing.If 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: b-U:Hsouthtown.northfork.net February 11, 2013 Re: Town Code Chapter 55 -Public Notices for Thursday, March 7, 2013 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before February 18th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND not later than February 25th: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later February 27th: 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 March 5, 2013. 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. r, BOARD MEMBERS �F SOU Southold Town Hall Leslie Kanes Weisman,Chairperson tio�� ry�l0 53095 Main Road P.O.Box 1179 Southold,NY 11971-0959 James•Dinizio,Jr. Office Location: Gerard P.Goehringer G Town Annex/First Floor,Capital One Bank George Homing 54375 Main Road(at Youngs Avenue) Ken Schneider COO Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 •Fax(631)765-9064 MEMO TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: January 9, 2013 SUBJECT: Request for Comments ZBA #6625 — Harbor View Farm, LLC d/b/a 8 Hands The ZBA is reviewing the following application, and enclosed copies of, ZBA application, and latest map. 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. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Harbor View 96.-2-10.1 #6625 1/8/13 72-5 & 6 1/9/13 Farm; LLC AC d/b/a 8 Hands Your comments are appreciated by February 22, 2013. Thank you. Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson ��OF $�U�yO 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 James Dinizio,Jr. Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning • �OQ 54375 Main Road(at Youngs Avenue) Ken Schneider Olif'CoV Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 January 9, 2013 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 #6625 Owner/Applicant: Harbor View Farm LLC d/b/a 8 Hands Action Requested: Farm stand location Within 500 feet of: ( ) State or County Road ( )Waterway (Bay, Sound, or Estuary) ( ) 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, Leslie K. Weisman ZBA Chairperson By. �� Encls. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson �QF Sorry 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Office Location: Gerard P.Goehringer Town Annex/First Floor,Capital One Bank George Horning ® �p� 54375 Main Road(at Youngs Avenue) Ken Schneider COUlm Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 March 22, 2013 Carol Festa c/o Harbor View Farm, LLC P.O. Box 792 Mattituck,NY 11952 RE: ZBA Application#6625 Dear Ms. Festa: Transmitted for your records is a copy of the Board's March 21, 2013 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above variance application. 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. 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