HomeMy WebLinkAbout13754-z FORM NO. 6
TOWN OF SOUTHOLD
Building Department
Town Hall
Southold, N.Y. 11971
765- 1802
APPLICATION FOR CERTIFICATE OF OCCUPANCY
Instructions
A. This application must be filled in typewriter OR ink, and submitted ~ ~ to the Building Inspec-
tor with the following; for new buildings or new use:
~. Final survey of property with accurate location of ail buildings, property lines, streets, and unusual
natural or topographic features.
2. Final approval of Health Dept. of water supply and sewerage disposal-(S-9 form or equal).
3. Approval of electrical installation from Board of Fire Underwriters.
4. Commercial buildings, Industrial buildings, Multiple Residences and similar buildings and installa-
tions, a certificate of Code compliance from the Architect or Engineer responsible for the building.
5. Subm{t Planning Board approval of completed site plan requirements where applicable.
B. For existing buildings (prior to April 1957), Non-conforming uses, or buildings and "pre-existing"
land uses:
1. Accurate survey of p~operty showing all property lines, streets, buildings and unusual natural or
topographic featu res.
2. Sworn statement of owner or previous owner as to use, occupancy and condition of buildings.
3. Date of any housing coda or safety inspection of buildings or premises, or other pertinent informa-
tion required to prepare a certificate.
C. Fees:
1. Certificate of occupancy $25.00 -- BUSINESS $50.00 ACCESSORY $]0.00
2. Certificate of occupancy on pre-existing dwelling $ 50.00
3. Copy of certificate of occupahcy $ 5.00, over 5 years $10.00
0.00 I
5.Updated C.O. $ 50.00 Date .................
NewC°nstruction ...... OId or Pre-existing Building ~ Vacant Land
Location of Property ~.~7~.~'-~ ...................................
House No. t , Street ~ , ~ · Nam/et
Owner or Ownersof Property ~~..~..~.~. ~)~...~lb/~l,.' . .~.~J.I..~.~.~..~.
CountyTax Map No. 1000Section ~)8~"" Block ...O ZL- Lot t..~-~-,hl- t c~
Subdivision ;.~, ~ ;~_'~L ............. ~/"~" .Filed Map No ........... Lot No ............
I. rt'~"'t I /~ ,
Permit No.'~,(o?-"... Date of Permit 7'/./~.~..Applicant .~.(Q~..03~....~.. {.~1~..~. .......
Health Dept. Approval ........................ Labor Dept. Approval .......................
Underwriters Approval ./~..'.~.~' ................. Planning Board Approva ....................
tRequest for Temporary Certificate ..................... Final Certificate ~ .
~Fee Submitted $...¥.~..,...~.. .......... ..¥,(,,~,:¢.e. ...... ,'" ~
Construction on above described building and'permit ~ts all appJic~le coCes and regulations.
..... ......
Fo~ No. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Butldlng ~nspector
Town Hall
Southold, N.Y.
TEMPORARY
Cerfificate O{ Occupancy
No. Z1 )08~ Date November 12~ ...
................................................... 19
~ ' TIFIESth ildi Barn Addition I Storage building
[fXIS CEI{ ,at thc bu ng . . . . . . .[) .........................................
/645 MaJn Road &
Location of Property .399~ Ma~n [~oad, Peconic, New York
Nouso ~o. Strong Nan*lot
County Tax Map No. 1000 Section 085 ~BIock .0~ .Lot 15 & 9
Subdivision ............................... Filed Map No ......... Lot No ..............
conforms substantially to the Application for Building P, ernlit heretofore filed in this office dated
Hutch 15 85 13754Z
~J.u t V..1.~ ............. 1985. pursuant to w~ch B~lding Permit No. J~.af{g ..............
March 1
dated . .'J.q ~, Y. ?.('~ ~ ................. 19. ~ 9, was issued, and conforms to aU of the requirements
of the applicable provisions of the law. ~e occupancy for wNch tiffs certificate ii issued is .........
BARN ~,DDITION a STORAGE BUILDING & WINERY
}tE}{ODOTUS DAMIANOS d/b/a PINDAR VINEYARDS
~e certificate is issued to ...........................................................
(owner, ~ X~ X
of the ~rorcsaJd building,
Suffolk County Department of Health Approval ............ N/~t
UNDERWRITERS CERTIFICATE NO P E N D
TltIS TEMPORARY CERTIFICATE OF OCCUPANC~ IS GIVEN F~ MAXIMUM
Building Inspector
Rev, 11111
FORM NO. 4
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
Office of the Bulldin~ Inspector
Town Hall
Southold, N.Y.
Certificate Of Occupancy
Barn addition
THIS CERTIHES that fl~ bufl~n~ ................................................
B76~5 Main Road
Lo~afion of P~op~y ~ ~o .........................................................
· Street Ham/e~
County Tax Map No. 1000 Section 08 ~ ..... Block 02 15
......... Lot . ..
Subdivision ............................... Filed Map No ......... Lot No ..............
conforms substantially to the Application for Building Permit heretofore filed in this office dated
M. arch 15, .8.5. ~3754 Z
................... 19 pursuant to which Building Permit No ......................
dated ..............,.............Hatch ~4, 19 . ,wasissfied, and conforms to all of the requirements
of the applicable provisions of tire law. The occupancy tbr which this certificate is issued is .........
Barn addition
The certificate is issued to . .t!~.R.O.D.(.)'.!'.U.~..P..A.M;LANOS d/b/a PIiqDAR VINEYARDS
[owner,/~Y~ t~(~ X X
of the aforesaid building.
Suffolk County Department of Health Approval ......... N. [.A .............................
UNDERWRITERS CERTIFICATE NO ?.e.n,d.i..n~;
Building Inspector
Rev. 1/81
SUI
Southold, N.Y. 11971
(516) 765-1938
February 1, 1988
Pindar Vineyards
P.O. Box 332
Peconic, NY 11958
Dear Sirs:
The following action was taken by the Southold Town Planning
Board on Monday, January 25, 1988.
RESOLVED that the Southold Town Planning Board recon~nend to
the Southold Town Building Department the issuance of a Certificate
of Occupancy for Pindar Vineyards located in Peconic.
Please contact this office if you have any questions.
Very truly yours,
Bennett Orlowski, Jr., Chairman
Southold Town Planning Board
cc: Mr. Lessard, Building Department
Post Office Box J
Port Jefferson Station
New York 11776
Business Office
(516) 473-3606
January 19, 1987
Southold Town Board
Attention: Victor Lessard
Planning Department
Southold, New York 11971
Dear Mr. Lessard:
Dr. Dan Damianos requested I forward the enclosed copy of our permanent
Underwriters Certificate to you. This replaces the temporary one you
have on file.
I believe this is the final information you require with respect to
our Certificate of Occupancy.
You have our best regards.
Very truly yours, /
rej c
Business Office manager
kk
Enclosure
Southold, N,Y. 11971
(516) 765-1938
May 16, 1986
Mr. Victor Lessard
Executive Administrator
Building Department
Southold, NY 11971
RE: Pindar Vineyards
Dear Mr. Lessard:
In regard to the site plan approval of the Pindar Winery,
we have not yet received revised site plans from the applicant;
nor, has any site plan approval been given.
It appears by invitations and by ads in
there is more activity going on at this site
by code.
the papers that
than is allowed
We would appreciate your immediate attention to this
matter.
Bennett Orlow~ki, Jr./Chairman
Southold Town Planning Board
dms
Chute -- OFFICE
;men -- CREW
;anary ~ SALESMAN
~old To
.ddress
~ellver To
ddress
ocation
JOB NUMBER
252 W. ADAMS ST. MORTON, ILLINOIS
Date
Phone ., , , , Salesman
AREACODE
Phone
AREA CODE
Approx. delivery date
Site prepared date
ltended use of building: ' Iff
BUlL DING SPECIFICATION COLOR
3rm~ ~1_58.and 86 are part of this agreement.
TO~AL
.has been deducted for which he agrees to furnish men for unloading help and that
........ has been deducted for cash terms; the final payment of $. __c,~:_ , __ to be paid to the crew foreman apot~ completion;
I that d agreed unloading help is not furnished or cash terms are nol met, the above amounts ars to be added to the contract price.
Is: 1V~% per moath sercice charge on past due accounts {18% annual
12 12-84
Trash removal from site la customer's responsibility.
Building will be deflvemd according to site conditions specified on Form
153 (Building Site Report) as part of this agreemerl, t. A charge will be
made for additional labor and equipment needed due to underg~*ound
obstructions not anticipated t~ this agreement.
Warranty No~ "I_L~____ applies.
Stipulations for trash removal, underground obstructions, warra~t~ co,-
tents or warning letters haye been explained to me.
,*' __._ _(Buyer's initials)
of record of the premieee upon which this bi,tiding ia to be erected.
MORTON BUILDINGS, INC.
BUILDING SITE REPORT,
CUSTOMER'S
NAME
Building is to be aligned with_~ ,, ,. "r' ~
Grade line is bottom of 2 x 8 splashboard
SUGGESTED FINAL GRADING FOR BEST ,
DRAINAGE RESULTS ~ ~ ~0' MIN~
SLOPE F
SLOPE PERIMETER BUll. DING PAD
1" to 2" PER FOOT AWAY FROM BUILDING
NOTE: [~ ~ILL ~S INSTALLED BEFORE SU[LOING
I~ ERECTED, MAXIMUM DEPTH OF FILL IS /
1.) Site preparation, excavatio~,,.!illin~ and grading is customer's, r~sPonsibility,
2.) Fill is to be installed BEFORE / AFTER building.is e~ected. (Circle one) ~
3.) Work area around building must be a m{nimum 0f 10' on all sides. If work area is less than 10' on a
given side or end, indicate obstruction on Form 86.
40 Standard siidlng doors Will extend 2" above gra,de (bottom of standard splashboard).
5.) 110 Voit etectdclty must be with n 200; of buildi'ng, if 110 volt electricity iS not within 200' an,additional
charge per foot of building must be added· j'
EMERGENCY INFORMATION
DOCTOR'S PHONE ADDRESS~ ,!
HOSPITAL
PHONE._,.__" , __ ADDRESS ~.~.~..~-~
AMBULANCE PHONE ,',, FIRE DEPT~ PHONE~
Your building will be in use much [sooner and yOU ~will save mone,~·if you prepare your site before th
bu ding is sh pped. The valu6 'of proper site preparation carinot I~!over emphasized in terms of your
sat sfaction with the final product. Our sa esman can ,give valuable:aS~istance in.this area.
'Bul ding pad should be higher than surrounding ground to insure p~oper drainage Building pad must be
level. Perimeter pad around building should slope away from buildi~{ 1 to 2 inches'per foot. Be ,sure your
grading contractor checks the S te with a trans t before leaving the job: The Job site must be free of debris,
trees, shrubs,' fences,' old buildings 1or at least 10 a~odnd the n~w building. Underground utility lines
(eW~tdc, gas telephone, e~c,) must be located and location adequately ,marked prior to excavation-or
digg ng of pOst holes.'.
pr s art' al ify~bUildi on'
Crew foreman wll ca you one day: tor to hi iv and request your presence to vet ng Iocati
and grade height beforehebegWscdnstruction. ,' ' ~ ';' "~ , , "
' ' ~ ' ' ' ~ ' ' , " ~ N HAVE,
~ ABOVE GROUND UT L TY,'WIRES MUST BE AT LEAST~30 0 FRO~ BUILDI G ....
',I ~ r UTIL TY COMPANY PROTECT ~IR~S AT CUSIOMER~$ EXPENSE.~r
~ ' ~, ~DATE' __~"~ ', ~ ,, CUSTOMER o SIGNAFUR~
FORM NO. 5
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUT~IOLD, N. Y.
CEASE ALL VIEWING,
ORDER TO REMEDY VIOLATION
SALES~ TOURS t ETC. UNTIL CONDITIONS ARE MET.
Date ..,M.?.y._..2..1, ........................................ , 19..,8..6,..
TO Mr. Herodotus Damianos
(owner or authorized agent of owner)
P.O. Box J, Pt. Jefferson Sra., Pt. Jefferson, N.Y. 11'776
(address of owner or authorized agent of owner)
PLEASE TAKE NOTICE there exists a violation of:
CH 100
· Zoning Ordinance ............................................
Otl%er Applicable Lows, Ordinances'or Regulations ....C...H.......4..5. ...........................
at premises hereinafter described in that ~Q...S~£.~...p.la.o,..~,pp,r.Q.V.a~,.,...D.Q...C:t~-.~-.¢]~..~. ...........
(state character of violation)
J.1..gg.r.l.~ A 1~..~.~.~ I1QQ.-30B14) .4~-t5-B-C
in violation of .......... .4 ........................................................................................................
(State section or paragraph of applicable law, ordinance or regulation)
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the
conditions above mentioned forthwith on or before the ...... I~.e...d..i...a..t..e...1.Z;. .....................................
day of ...23 s.t...~4~y. ............................. , 19...86.
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
........ .~..7..(~.~.~...~.~,D...~........P..e...c..o...n..i..c., ................... County of Suffolk, New York.
1000-85-2-15
Failure to remedy the conditions aforesaid and to comply with the applicable provisions of Jaw
may constitute an offense punishable by fine or imprisonment or both.-
Cease all viewing, sales, tours, etc. until conditions are met.
Curtis W. Horton
FORM NO.$
TOWN OF $OUTHOLD
BUILDING D£PARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
ORDER TO REMEDY VIOLATION
(address of owed'or authorized ~eryt'~f owner) ~'~ I/'7 ?~
PLEASE TAKE NOTICE there exists a violation of:
Zon~n, Ordinance ....... ~'...~ ....... /..~.~. ......
at premises hereinafter described in that .............................................................................................
(state character of violation)
in violation of ........................................................................................................................................
(State section or paragraph of applicable law, ordinance or regulation)
YOU ARE THEREFORE DIRECTED AND ORDERED t~Tdy~. . the
conditions above mentioned forthwith on or before the
The premises to which this ORDER TO RE~v~EDY VIOLA, TION refers are situated et
.~...7~...~.~...~..........~.~..,../~....: C;unty~of uffolk, New York.
F~ilure to remedy ~he conditions ~for~s~id ~nd ~o comply with the ~pplic~ble ~rovisions o{
may constitute an offense punishable by fine or imprisonment or both.
Building Inspector
At a Special Term, Part ,
of the Supreme Court of
the State of New York, held
in and for the County of
Suffolk, at the Courthouse,
Griffing Avenue,
Riverhead, New York
on th~day of May, 1986.
SENT: HON. LESTE
Justice
In the Matter of the
application of PINDAR VINEYARDS
Petitioner,
- against -
BUILDING DEPARTMENT OF
THE TOWN OF SOUTHOLD,
ORDER TO SHOW CAUSE
Index No. ~-~ ~
Respondent,
For a Judgment under Article 78 of the
Civil Practice Law and Rules for an
order Staying all Proceedings by the
Building Department, Town of South- ;
old and Restraining Said Building
Department From Implementing and
Enforcing an Order to Remedy Violation
Dated May 21, 1986
Upon the annexed Petition of Pindar Vineyards, by Hero-
dotus Damianos, the Petitioner herein duly verified this 23rd day
of May, 1986.
LET the Respondent, Building Department of the Town of
Southold, County of~uffolk and State of New York, show cause at
~7'~ato~' .
a Special Term, rt , of this court to be held on th~day
of May, 1986 at 9:30 o'clock in the forenoon of that day or as
soon thereafter as counsel can be heard at the Supreme Court
Building, Griffing Avenue, Riverhead, New York why an order pur-
suant to CPLR Article 78 should not be granted to review Respond-
ent's determination dated May 21, 1986 prohibiting Petitioner from
conducting viewing, sales and tours pending approval of its site
plan by the Planning Board of the Town of Southold and the
issuance to Petitioner of a Certificate of Occupancy and why
such other and further relief should not be granted to the Peti-
tioner as to the Court may ~eem just an~_proper and it is
· ~D~RED '~t p~nd~g~e ~arl~ det~att~
t~s ap~ic~ion,/the~ui~ing De~/~tment ~e
old~hereby~yed fr~nfo~'_~.g ~_e O~.er .t .~_ed_y~____'.~tiOh
m nt. i~re straipe~
Sufficient cause appearing therefor, let personal
service of a copy of this Order and a copy of the Petition annexed
hereto on the Building Department, Town of Southold at its offices
in Southold, New York on or before 5 p.m. May 23, 1986 be deemed
sufficient.
Dated: Riverhead, New York
May 23, 1986
LES'I'EI GERARD
J.S .C.
GRANTED
MAY ~3 1986
- 2 -
SUPREME COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
..................................... X
In the Matter of the
application of PINDAR VINEYARDS
- against -
BUILDING DEPARTMENT OF
THE TOWN OF SOUTHOLD,
Petitioner,
Respondent,
For a Judgment under Article 78 of the
Civil Practice Law and Rules for an
order Staying all Proceedings by the
Building Department, Town of South-
old and Restraining Said Building
Department From Implementing and
Enforcing an Order to Remedy Violation
Dated May 21, 1986
TO THE SUPREME COURT OF THE STATE OF NEW YORK:
PETITION
Index No.
The Petition of Pindar Vineyards, by Herodotus Damianos,
respectfully alleges:
1. I am the majority partner of Pindar Vineyards the
owner of certain premises in Peconic, Town of Southold~ New York,
2. For the last five years Pindar Vineyards has esta-
blished itself as a leading vineyard in Peconic and has also
established itself as a winery on the North Fork of Long Island.
3. In connection with its basic activities of growing
grapes and bottling wine, Pindar Vineyards has been conducting
tours and selling at retail other wine related products promoting
both wine and the products of Long Island.
4. On May 21, 1986 the Building Dep~rtmen~ of the Town
of Southold zssued an Order to Re edy Vzolatzon,Adelzvered to
Pindar Vineyards on May 22, 1986, informing it that it was violating
Town of Southold Ordinances because it did not have an approved site
plan or a certificate of occupancy for its building. The Order to
Remedy Violation also ordered Pindar Vineyards to immediately
desist from conducting "...viewing, sales, tours, etc." until
the conditions are met.
5. Pindar Vineyards has filed a site plan with the
Town of Southold and the same has been approved by the Building
epartment.~ nut has not yet been approved by the Town of South-
old Planning Board although its application for approval has
been before the Planning Board since March 1985. As the site
plan has not yet been approved by the Planning Board, no certifi-
cate of occupancy has been issued. However, Pindar Vineyards has
operated its winery for nearly three yeaFs without approval of
its site plan and without a Certificate of Occupancy with the
knowledge of both the Building Department and the Planning Board.
It is not uncommon for a business to operate without Plannin9
Board approval and this was acknowledged to be the fact by the
Town Supervisor, Francis Murphy who in a Newsday article stated,
"This happens all the time."
6. The issuance of the Order to Remedy Violation
without notice, without a hearing and without the opportunity to
remedy the alleged violation on the eve of Decoration Day weekend
is arbitrary and capricious and is not supported by the facts.
Indeed, Supervisor Murphy was quoted in Newsday as having said,
"...that the winery should be given time to comply with the Town's
requests before retail sales were canceled." The Order to Remedy
Violation is then a misnomer as Pindar Vineyards was not given the
opportunity to remedy the problem - it was an order putting it out
of business.
7. If the Order to Remedy Violation is not annulled,
the proceedings by the Building Department stayed and the Building
Department restrained from prohibiting Pindar Vineyards from
"viewing, sales, tours, etc." Pindar Vineyards will be irreparably
harmed. There can be no threat to public safety or the welfare of
the community if Pindar Vineyards were permitted to continue its
operations until the Planning Board approves its site plan at
which time Pindar Vineyards can apply for and obtain a Certificate
of Occupancy. Approval of the site plan should be forthcoming as
the same has already been approved by the Building Department.
- 2 -
8. No previous application has been made for the
relief requested herein.
WHEREFORE, it is respectfully requested that this
Court issue an order staying all proceedings in furtherance
of the Order to Remedy Violation by the Building Department
of the Town of Southold and that the Building Department be
restrained from implementing and enforcing its Order to Remedy
Violation so that Pindar Vineyard may continue to operate as it
has to date while awaiting the approval of its site plan by the
Planning Board and the issuance of its Certificate of Occupancy.
Dated: Southold, New York
May 23, 1986
HERODOTUS DAMIANOS
Petitioner
STATE OF NEW YORK)
COUNTY OF SUFFOLK) ss.:
HERODOTUS DAMIANOS, being duly sworn, deposes and
says that deponent is a partner of Petitioner in the within
action; deponent has read the foregoing Petition and knows the
contents thereof; that the same is true to deponent's own know-
ledge except as to matters ~herein stated to be alleged on
information and belief and that as to those matters deponent
believes it to be true.
HERODOTUS DAMIANOS
Sworn to before me this
23rd day of May, 1986.
HARO(D A. HALPEI~IN
Notary Public, Stole ef New Yerk
No. 30-67411,50
QuollfJed Jn Nassau County
Commission Exp,res [0] ~,lj ~
- 3 -
FOI~M NO. 5
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN CLERK'S OFFICE
SOUTHOLD, N. Y.
CEASE ALL VIEWING,
ORDER TO REMEDY VIOLATION
SALES, TOURS, ETC. UNTIL CONDITIONS ARE MET
Dote ....... ................... ' ................ ,
TO Mr. Herodotus Damianos-Pindar Vineyard (owner or authorized agent of owner)
(address of owner or authorized agent of owner)
PLEASE TAKE NOTICE there exists a violation of:
Zoning Ordinance ..... .C:..'~....~ 9.9. ........................
Otl~er Applicable Laws, Ordinances'ar Regulations ..... ..C..~. ..... 4. ..5. ........................
at premises hereinafter described in that ~e~D~a~p~r~"~.~(~c~e~`~J:~ .........
(state character of violation)
cate of occupancy, Special Exception conditions not met yet.
in violation of ...£~,p.0,r.~.4.4~...]k,~.r.~.)....~.[.0.0..":~.O.~l.~....4;5..-:,l.[~.z~g. ..........................................
(State section or paragraph of applicable law, ordinance or regulation)
YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the law and to remedy the '
conditions above mentioned forthwith on or before the .....Z...m:'5....e..d...i..a...t..e..1..Y. ........................................
day of ........ ~...]-..s..t..x....M..a.Y. ........................ , 8 6
The premises to which this ORDER TO REMEDY VIOLATION refers are situated at
.... ,3,,7.,.~.~,5.,.,.H,..a.~..~..,.~.,~.:....~...e..c..o..~.c., ........................ County of Suffolk, New York.
1000-85-2-15
Failure to remedy the conditions aforesaid and to comply with the applicobie provisions of law
may const;itute an offense punishable by fine or imprisonment or both.
Cease all viewing, sales, tours, etc. until conditions are met.
~uildJng inspector
Curtis W. Horton
TOWN OF 'SOUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
May 22, 1986
TO:
FROM:
SUBJECT:
Planning Board
Building Dept.
Certification of Pindar Site Plan
Legal Data:
Site plan contains lot, block & section
number; name and address of owner of record; name
and address of firm preparing map; date and north
pdint with written and graphic scale sufficient des-
cription of property; names of street and curbline,
existing structures and utilities:-
Locates existing structures; ground sign;
existing pools; flow of water on property; border
screening and landscaping, parking, including handi-
cap, exceeding required seventeen spaces for sales
area; exterior flood lites to be shaded to reflect
on property only.
This site plan meets all the requirements
of zoning in it"s present proposed use. Any changes
to it's proposed use; with present Z.B.A. covenants
will require an approval of an amended site plan
and review by the Zoning Board of Appeals.
TEL. 765-1802
VL:hdv
Victor Lessard
Building Dept.
lndexNo. ~ ~& Year 19
~PR~E COURT OF THE STATE OF NEW YORK
COUNTY OF SUFFOLK
In the Matter of the
application of PINDAR VINEYARDS
Petitioner,
- against -
BUILDING DEPARTMENT OF
THE TOWN OF SOUTHOLD,
Respondent,
For a Judgment under Article 78 of the
Civil Practice'Law and Rules, etc.
ORDER TO SHOW CAUSE AND PETITION
PURSUANT TO CPLR ARTICLE 78 ·
To
HAROLD A. HALPERIN
~ttor. ey ~or Petitioner
Of/lee and PO~ Office Addre~, Telephone
440 MERRICK ROAD
OCEAN$1DE. NEW YORK 11572
(516} 766-7774
Attorney(s) for
Service of a copy of the within
Dated,
Attorney(s) for
is hereby admitted.
Sir:-Please take notice
that the within is a (certified) true copy of a
duly entered.in the office of the clerk of the within named cout~ on
HOTICE OF SETTLEMENT
that an order
~ttlement to thc HON.
of the within named Court, at
on the day of
To
19
of which the within is a true copy will be presented for
one of the judges
19 at M.
HAROLD A, HALPERIN
Attorney for
Office and pt~t Office Add.els
440 MERI~ICK ROAD
OCEANSIDE. NEW YORK 11572
(516) 766-7774
TOWN OF ' $OUTHOLD
OFFICE OF BUILDING INSPECTOR
P.O. BOX 728
TOWN HALL
SOUTHOLD, N.Y. 11971
May 22, 1986
TEL. 765-1802
TO:
FROM:
SUBJECT:
Planning Board
Building Dept.
Certification of Pindar Site Plan
Legal Data:
Site plan contains lot, block & section
numbgr; name and address of owner of record; name
and address of firm preparing map; date and north
p6in~ with written and graphic scale sufficient.des-
cription of property; names of street and curbline,
existing structures and utilities:-
Locates existing structures; ground sign;
existing pools; flow of water on property; border
screening and landscaping,.parking, including handi-
cap, exceeding required seventeen spaces for sales
area; exterior flood lites to be shaded'to reflect
on property only.
This site plan meets all the requirements
of zoning in it.'s present proposed use. Any changes
%o it's proposed use; with present Z.B.A. covenants
will require an approval of an amended site plan
and review by the Zoning Board of Appeals.
VL:hdv
Victor Lessard
Building Dept.
Is there a pending related action or proceeding? Yes No
If yes, specify where, indicating name(s) of related case(s), index number(s) and nature of relationship.
Attorney(s) for plaintiff(s)/petitioner(s)
NAME
ADDRESS
PHONE
Attorney(s) for defendant(s)/respondent(s)
NAME ADDRESS
PHONE
Names of insurance carriers (if applicable and available)
Dated:
(PhlNT OR TYPE NA E)
ATTORNEY FOR
ADDRESS (Print or Type)
INSTRUCTIONS
Attach rider sheets if necessary to provide required information.
If any party is appearing pro se (without an attorney), the required information concerning such party is to
be entered in the space provided for attorneys.
REQUEST FOR JUDICIAL INTERVENTION For Clerk Only
SUPREME (COUNTY) COURT, ~-~C)~O/---/~ COUNTY
Index No. ~'6 '~ C~b?~-.. Date Purchased /Y)I~1 ~'"~1 ~-'~ lAS Entry Date
FULL TITLE OF ACTION
Petitioner~
Name of Assigned
Judge
Date of Assignment
-against-
GO,L-b~Jc~ ])6¢a~-~c,~r~-TOuJ~J o~- ~oOT~4o~
Fo~&oO6~T uo~e~ ~7t~7~ D~
0~ cP~ Respondent(~
Issue joined (date ) (check if applicable)
Bill of Particular~ served (check if applicable)
NATURE OF JUDICIAL INTERVENTION (check)
.. Request for preliminary conference
Note of issue and/or certificate of readiness
__ Notice of motion (return date ) Relief sought
Order to show cause (return date ) Relief sought
(to be completed by Clerk)
__ Other ex-parte application
__ Notice of petition (return date ) Relief sought /~¢~) -~ ST~X
__ Notice of medical or dental malpractice action (specify which
__ Statement of new worth
Writ of habeas corpus
__ Other (specify
NATURE OF ACTION OR PROCEEDING (check)
TORT
SPECIAL PROCEEDINGS
__ Motor vehicle
Medical or dental malpractice
(specify which )
.... Seamen
,___Airline
__ Other tort, including but not limited to
personal injury, property damage, slander
or libel
specify
Tax certiorari
Condemnation
Foreclosure
Incompetency or conservatorship
Other special proceeding, including
but not limited to
Article 75 (arbitration),
Article 77 fexpress trusts),
Article 78
a ~.~'1~ '~ sT~,~/v' specify
OTHER ACTION
__ Matrimonial (contested) _ Contract
__ Matrimonial (uncontested) __ Other
specify
In the City of New York:
__The City of New York is a party to this action.
___The Transit Authority (or MABSTOA) is a party to this action.
FIELD ~NS~ECTION i, IDATE
1.
FOUNDATION { 1st)
COMMENTS
FOUNDATION (2nd)
ROUGH FRAME &
PLUMBING
INSULATION PER N. Y.
STATE ENERGY
qODE
FINAL
ADDITIONAL COMMENTS:
THE NEW YORK BOARD OF FiRE UNDERWRITERS
BUREAU OF ELECTRICITY
85 JOHN STREET, NEW YORK, NEW YORK 10038
THIS CERTIFIES THAT
only the eleetrlcal equipment ~ ~scrlbed below and introduced by t~ applicant ~med on the a~ve application number in the premises of
Pin,ar Vineyard~, Main Rd., Peconic,
November 20,3986
FIXTURES RANGES OVENS EXHAUST FANS
FIXTURE
OUTLETS SWITCHES
6] 37 24
TIME CLOCKS UNIT HEATERS MULTI*OUTLET DIMMERS
SYSTEMS
NO. OF FEET
SRRVIC~ DISCONNECT S E R
NO O O~ ~C. COND,
3/0
OTHER APPARATUS:
E!eo. Room Heater-l-l.lK.W.
Motors-2--F I.I.P., ].-~20 Ton Wine Chiller
C E
ldO OF Hi-LEG A.W-G* ]NO. OFNEUTRAL$
OF HItEG
3/0
1-3 Ton A.C. Unit, Elco. Water
James A. Moran
39935 ~ Hain
Peconic, N.Y.¢
1 ieo ~ 2 371 E GmEK&L M~&GER
t 1
must not be altered in any manner; return to the office of the Board if inco}rect. Inspectors may be identified by their
COPY FOP, BOI~-DING DEPARTMENT. THiS COPY OF CERTIFICATE MUST ~OT BE ALTERED IN ANY MAHNER.
Southo!d Town Board o£Appeals
ACTION OF THE ZONING BOARD OF APPEALS
Appeal No. 3344
Application 'Dated March ]4,
TO:
Mr. Herodotus Oamianos
Pindar Vineyards
Main Road, Box 332
Peconic, NY 11958
1985
At a Meeting of the Zoning Board of Appeals held on May 23, 1985
the above appeal was considered~ and the action fndicated below was taken
on your [ ] Request for Variance Due to Lack of Access to Property
New York Town Law, Section 280-a
[X] Request for Special Exception under the Zoning Ordinance
Article III , Section 100-30(B)[14]
[ ] Request for Variance to the Zoning Ordinance
Article , Section
[ ] Request for
Application of HERODOTUS DAMIANOS, Pindar Vineyards,
Peconic, NY for a Special Exception to the Zoning Ordinance,
Section 100-30(B)[14] for approval of the establishment of a
Pindar Vineyard, premises known as 37645 Main Road, Peconic,
Tax Map District lO00, Section 85, Block 02, Lot 15.
Main Road,
Article III,
winery at
NY; County
WHEREAS,~ a public hearing was held and concluded in the Matter
of the Application of HERODOTUS DAMIANOS; and
WHEREAS, the board members have personally viewed a-n~d are
familiar with the subject premises as well as its surrounding area; and
WHEREAS, the board has considered all testimony and documentation
entered into the record in this matter, as well as items (a) through (L)
of Article XII, Section 100-121(C)[2] of the Zoning Code; and
WHEREAS, the board made the following findings of facts:
l. The property in question is loaated in an "A-80" Residential
and Agricultural Zoning District having frontage of 468.80 feet along
the North Side of the Main Road (S.R. 25) and a total area of 36.944 acres
as shown on site plan submitted and received by this board March 14,
1985, and identified on the Suffolk County Tax Maps as District lO00,
Section 85, Block 02, Lot 15.
2. The subject 36.944 acres is improved with the following
structures: (1) single-family, two-story frame house set back
37 feet from the front (south) property 1-ine,.,and 68± feet from the
side (west) property line; (2) accessory structure (wood frame barn)
situate five feet from the west side property line and containing
approximately 564 sq. ft. in area; (3) wood frame barn 125' in width
and having approximately 6,556 sq. ft. in area which is the proposed
winery structure and proposed 50' by 40' so-called "Morton 1984"
structure; (4) 25' by 35' wood frame barn s%ructure accessory to
the existing residence for storage purposes; (5) 5' by 5' "pump
house" structure. '.
3. This'is an application for a Special Exception for a
winery for the production and retail sale of wine produced from
grapes primarily grown on the vineyard on which this winery is
(__CONTINUED ON PAGE TWO)
~ DATED1 Oune 11~ 1985, CHAIRMAN, SOUTHOLD TOWN ,ZONING BOkRD
~ OF APPEALS
Page 2 - Appeal No. 3344
Matter of HERODOTUS DAMIANOS
Decision R~nde~May 23, 1985
proposed to be located, provided by Article III, Sectiion 100-30(B)[14]
of the Zoning Code on the existing vineyard and farm dn this 36.944-
acre parcel~to be located within the existing wood.f~ame barn
structure having a total area of 6,556± sq. ft. as Indicated on
the photocopy of a survey submitted with the applicati'on and site
plan received. 3-14-8'5. ~
4. It is noted for the record that an application for the
site plan approval has not as of this date be? filedlwith ~he
Southold Town Plannin Board, w~ich is a requirement Of Article
III, Section lO0-30(BI[14], Article XIII, prior to th~ operation
of such winery or issuance of any other town permits for such winery.
5. It is also noted.,for the record that Building Permit #13754Z
for a 45' by 72' accessory farm (barn) structure for ~gricultural-storage
purposes was issued by the Building Inspector on March 15, 1985.
6. It i~ the opinion of this board that the 6ffect of Article
III, Section 100 30(B)[14] limits this Special Exception approval to
the production and retail sales of wine "...produced from grapes
primarily grown on the vineyard on which such winery ts located..."
and does not permit the sale of grapes imported and/o~ processed,
or wine, from other than the vineyard in question..~
In considering this application, the board'deitermines:
(1) the use will not prevent the orderly and reasonable use of
adjacent properties or of properties in adjacent use idistricts;
(2) the safety, health, welfare, comfort, conveniencle and order
of the town will not be adversely affected by the pro,posed use and
its location; (3) the use is in harmony with and wiill promote
the general purposes and intent of zoning, i
Accordingly, on
Sawicki, it was
motion by Mr Grigonis seconided by Mr.
RESOLVED, that a Special Exception for the prloduction and
retail sale of wine in the proposed winery structure ilocated at
the subject vineyard known as P~ndar Vineyard," BE AND HEREBY IS
APPROVE. D~a~pl'ied'undpr. File No. 3344 in the Matte~ of the
~p--~]-~ition of HERODOTUS DAMIANOS, SUBJECT. TO THE'~'ObLOWING
~OND~ONS: ' ;
the winery structure
1. No sleeping or living quarters in
or.~,~sory buildings;
2. This speciai exception approval is limit6d the
production and retail sale of wine produced from theigrapes primarily
grown on the vineyard on which such winery is located;
3. The effect of this special exception shall be in accord-
ance with Article III, Section 100-30(B)[14] and subject to site
plan approved from the Southold Town Planning Board ~n accordance
with Article XIII; ~
4. Any changes from the sit~ and survey plaDs submitted
and approved hereunder, or change in the location oflthe winery
structure for the production and retail sale of wineias approved
in the 125-foot wide "wood-f,rame building having 6,556± sq. ft.
in area," shall require additional Special Exceptioniapplication
and consideration y this board.
Vote of the Board: Ayes:
Doyen, Douglass and Sawicki. This
unanimous vote of all the members.
lk
Messrs. Goehringer, Grigonis,
resolution was adopted by
~Tl~RARD P. GOEHRINiGER,
June ll, 1985
' FORM NO, 1
TOWN OF SOUTHOLD
BUILDING DEPARTMENT
TOWN HALL
,~OUTHOLD, N.Y. 11971
TEL.: 765-1802
%pproved ....~..0:..~ .I .,~.-., 19... Pemtit No.
)isapproved a/c .....................................
(Bnilding Inspector)
APPLICATION FOR BUILDING PERi'IT
Received ........... ,19...
Date ............... ,19 .'..
INSTRUCTIONS
a. Tins application must be completely filled in by typewriter or in ink and submitted to the Building Inspector, with 3
lets 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
dr areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli-
:ation.
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 issued a Building Permit to the applicant. Such permit
tall be kept on the premises available for inspection throughout the work,
e. No building shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy
tall have been granted by the Building Inspector.
APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the
uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or
:egulations, for the construction of buildings, additions or alteratio.ns, or for removal or/rd-en~o!ition, as herein described.
'he applicant agrees to comply with all applicable laws, ordinances, buil~Jng code, housing co~ite, and regulations, and to
:lmit authorized inspectors on premises and in building for necessary inCp~'c~tions. -- k., ~ '
.......
~ignatnre''--of appli~nt, or name, if a c~rporation)
(Mailing address of applican
;rate whether applicant is owner, l~ssee, agent, architect, engineer, general contractor, electrician, plumber or bnilder.
~ame o~ owner o~premises../[~..~..~.O.~. ~.~. ..... .~.. ;~?..: ~.'?.0..3..: ...................................
(as on the tax roll or latest deed)
f applicant is a corporation, signature of duly authorized officer.
(Name and title of corporate officer)
Builder's License No. ~ .~. .............
Plumber's License No ................. · · · ·..U
Electrician's License No .......................
Other Trade's License No ......................
Location of land on which proposed work will be done ..................................................
..... . .... .............................
House Number Street Hamlet
County Tax Map No. 1000 Section .... ~..~. .......... Block ..... ~ ......... Lot.
Subdivision ..................................... Filed Map No ............... Lot ............... (Name)
State existing use and occupancy of premises and intended use and occupancy of proposed construction:
a. Existing use and occupancy ................................/¢.~,,,~ ,, , .... 2 ................................
b. Intended use ahd occupancy ..../~..~. r. ........... .............................
3. Nature of work (check which applicable): New Building ..... .Addition: Alteration
Repair Removal Demolition Other Work
(Description)
4 Estimated Cost...,--. ' Fee
'" (to ble paid on filing this application)
5 If dwelling number of dwelling units Number of dwelling uti[ts on each floor ·
If garage, number of cars .......................................... } ................... : .........
6. If business, commercial or mixed occupancy, specify nature and extent of each type of nsc .....................
7 Di i s of i ti g st ctur if F t R ' D pth
· inens on ex s n l'u es, any: ton ............... ear ..... ; ........ e ...............
Height Number of Stories
Dimensions of same structure with alterations or additions: Front ' Rear
Depth ...................... Height ...................... Number Of Stories ......................
8. Dimensions of entire new construction: Front Rear ... i Depth
Height Number of Stories
9. Size of lot: Frei } ...................... Rear ..................... i Depth .....................
10. Date of Purchase ............................. Name of Former Owner[ ............................
11 Zone or use district in which premises are situated
12.
Does proposed c~nstruction violate any zoning law, ordinance or regulation: ..i ......................... '...
13. Will lot be regraaed~ ............................ Will excess fill be removed from premises: Yes No
14. Nmne of Owner of premises ..... Address ' . Phone No ................
Name of Architect ........................... Address ............. i .....Phone No ................
Nmne of Contractor .......................... Address ............. i .....Phone No ................
PLOT DIAGRAM
Locate clearly and distinctly all buildings, whether existing or proposed, and. indicate all set-back dimensions from
property lines. Give street and block number or description according to deed, and shlow street names and indicate whether
interior or corner lot.
STATE OF NEW YORK, /'~
COUNTY OF} ................
... .... .~..,//.~....~0.. ~'.~.'... '.b~.ffT~.. being duly sworn, deposes and says that he is the applicant
(Name of individual signing, contract)
above named.
(Contractor, agent, corporate officer, etd.)
of said owner or owners, and is duly authorized to perform or have performed thel 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.
Sworn to before me this
............ /.¥ /'. . . .da ot; .... ....... ,
. . "'!
Notary Public, ./~..'~..~:..~.~.'~p.C~..~- .......... County ,~/ , --
(Signature of applicant)