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LOCATION MAP \ 1 S64'41'00"W 19.98' SCALE:1"=600' \ 2 S59'29'00"W 165.20' \ 3 N27'41'00"W 113.90' N6oy,22 `a 4 S61'50'00"W 182.10' \ v 0 5 S25'34'10"E 121.70' os o� Z. 6 S59'29'00"W 110.55' p 2 / 6 `\ 0 o � 7 N27'35'30"W 160.00' �amooCP Gey oO8 S59'28'30"W 125.00' �O<d�Cci- �o o� �N° \Op �°vy ds Jerob yO1 9 N25'07'00"W 105.04' 0" 6 O/ s� ss Zc \ rw e O Ooh°\a o���, �� �e CO� a O j 10 N60'34'00"E 21.04' 9n e\\ SO F s � / 9 .L \ �jZ �Ob O� mugs O, ,q O 11 N27'16'50"W 93.45' ,; -O \��0�Pt6o \ �O ° AGF n�i `o SRP\� �� 12 N63'42'20"E 321.32' 513m PGo�GN�o AO+ �.�F 'CP. \ Nov QO�v Se F�NGF. 01 13 S27'37'40"E 216.69' `a oao�o�o '. no oc 'o 00`L ooh rn. 00 N x_ S N 1L �,h�l L5 Z�OpO 0 met\ye as \ \ P O J n MP\� \ G ENa o, z\N O 1 000 Jet �. wOO.\0 o \ ES ... \\ v ZG� OBpP � sPFJ�eS�Eo i/ Pc. yP \` ...........................c,P ,q2 E •.`\ F J\�o C � `•. \ \ �OJS Z s l�� Q P d , > Q�o�11s�\N .....•.. \ •`' \ SEWAGE DISPOSAL SYSTEM CALCULATIONS F PR ORP Q A6- 5 era FFPJROQ 5��� GPS\ON `\\ °�Nm �s �� `'•`�\ ALLOWABLE DENSITY: N O FRm�`OMeI ` QNz? / \ 0 F� `A GROUNDWATER MANAGEMENT ZONE IV Qo s& e JP�JE STONE PATH \\� N O \ ,i `'\ ,o \ POPULATION DENSITY, EQUIVALENT o O�, � \ •`\ \ 21.4975 x 300 G.P.D. x 2 = 12,898.5 G.P.D. DESIGN SEWAGE FLOW: P o � O • \ SLATE PATIO ROF"G GO G,I` ``............ RESIDENCE: 300 G.P.D. STORAGE: 0.04 G.P.D./S.F. s0 2n S PZF e / / \ PPS\o �e \ O / 8 oa e�°E O PRORP\� O F� O S\�GOI \ I , 1859 S.F. x 0.04 G.P.D. = 74.4 G.P.D. \ �OQo��SVi / E NON-MEDICAL OFFICE: oO�p�FRFp 5 / \ 16 RO / O E3s NESPSFO \ \o©�~�_.\�PlgpfiR� 5 0.04 G.P.D./S.F. 15 J\40P °� �OQO ps\' SSP \ 2p GPS R \- oN 570 S.F. x 0.06 G.P.D. = 34.2 G.P.D. l cr' Sip FP pFGK ao soti� / O \ c OUTSIDE PATIO DINING: Self � N$5'(sl Pj\Np PRP .?7 'o. ' NQS $ 0 5 G.P.D./SEAT FRNO n o.j. 029 \ sG� ,,� 50 SEATS x 5 G.D. = 250 G.P.D. <y / F.F< ,�gZ• o eE e 2 s n2� 6 vn _ \ • .�00 TASTING ROOM: \ / / �o Fv oNG °° SpG�P int SZP�F n a ,� rLO 56p�$ 10 G.P.D./OCCUPANT 0ti°� F\PR N 6 O 9\`N FL�•N �. E�S ' 16 \ 199 50 OCCUPANTS x 10 G.P.D. = 500 G.P.D. TOTAL REQUIRED = 1158.6 G.P.D. J�Gp,NG P�`r FVO.°„� 26 36 3p .'�yee�m,cf�i°d'' �•�y �t5° PARKING CALCULATIONS Z QP ER F.R ,03 w sNE GE oq ,P� v 3° O on cn S F. 0 P 1 \\ G°NG R o n 9�\� �G\ O REQUIRED: FQPM OpOoG 'sq 23n nW ,, cgPs,N RESIDENCE: 2 SPACES PER DWELLING 0X00 9� 2nn :s �nP\�; (�,00� 2 SPACES O,p �OA9..•.• C'n \ • 9 �� ,� `•, mn fs \ �gti x DRINKING ESTABLISHMENT: 1 SPACE PER 3 SEATS OR 1 SPACE PER OGOR NE �60� POF Roe�oo SygMF �' _:...... .:...... ° eoA (�e�\� QtO� 9� ' fy Pn0�9 \ S ��j�� 100 S.F. FLOOR SPACE WHICHEVER IS GREATER. ° CJ' r✓° o s f��cF 5 / \..... Fo;S 0'9F�PaNG �Ot O� Otte `�o < t{ WINERY = 60 SEATS N m F�".� ,� \ goo 0t G0<�iG 00. 60/3 = 20 SPACES 0� m� °9 a '°o o. \ \ �\0 O\ STORAGE: 1 SPACE PER EMPLOYEE PLUS 4 SPACES OR 1 SPACE PER 5000 S.F. WHICHEVER IS GREATER �e 0 O Fo9 °^ w"' \ \ lP �'�� 5 EMPLOYEES + 4 = 9 SPACES c� 1 \ i3 \ v COti O 100 °� \ \ S� C\` OFFICE: 1 SPACE PER 100 S.F. FLOOR AREA O-+ O N� O., �. � � \ \ 570 S.F./100 = 6 SPACES `L ° 00 ° \ \ O•. TOTAL REQUIRED SPACES = 37 SPACES co �0 125• � `\-... ..'. � \ � ..................... ���� o SITE DATA No F�aGF \ �m�ov�o�, \• �y�.. \\ ,.� ���o �^s . LEGEND: on 9�0 \ 1. AREA OF TAX PARCEL 15.1 = 134,246 S.F. OR 3.0819 ACRES Oc3\ n2nn SGj9 \ '� FL'oG \ EXISTING ON LAST AREA OF TAX PARCEL 15.2 = 802,184 S.F. OR 18.4156 ACRES F,5 S,65OE \\ �� 9�9nG�s \% \ a' QP�� j BUILDING # DESCRIPTION AREA SITE PLAN NEW PROPOSED 2. ZONING USE DISTRICT = A-C 3. GROUNDWATER MANAGEMENT ZONE = IV �c� �', °F 4. SCHOOL DISTRICT = SOUTHOLD s " \ F \ O. RESIDENCE 1,050 S.F. YES — 5. POSTAL DISTRICT = SOUTHOLD Mo \ 6. FIRE DISTRICT = SOUTHOLD STORAGE, RESIDENTIAL 99 S.F. YES / � \ e�\� �Pn 7. UTILITIES = S.C.W.A., VERIZON, PSEG \ t .\0 c^2n v� - \ \ / 3O GARAGE, WINERY & STORAGE 491 S.F. YES APPLICANT RECEIVED O ° D \J n� \\ ( QPf 4O WINE STORAGE SHED 98 S.F. YES MAR w 4 2023 \o Oe\ \r. \ :: Qp0 46005 MAIN ROAD MATTEBELLA VINEYARDS HOLDING LLC. 110�� { 5O SHED FOR TASTING ROOM 232 S.F. YES SOUTHOLD, N.Y. 11971 ---FoUTOwn �. — Planning Board \ I OO _ 6O FARM STORAGE 78 S.F. YES NOTES g FARM STORAGE 86 S.F. YES 1. REFERENCE DEED L. 12392 CP. 996 •�q0 2. LOT COVERAGE:(TAX LOT 15.1) JAN. 24, 2023 UPDATED SURVEY T 8O FARM STORAGE 65 S.F. YES JUNE 30, 2022 AMENDED PROP. PARKING �GJ�J OAPR. 15, 2019 UPDATE / EXISTING = 3906 S.F. OR 2.9% NOV. 26, 2018 IND. PROP. PARKING FRAME GARAGE, STORAGE 363 S.F. YES PROPOSED = 5181 S.F. OR 3.9% MAR. 06, 2017 AMENDED COVERAGE P_ DEC. 22, 2016 PLAN PREPARED WATER TOWER & WELL ENCLOSURE 103 S.F. YES y ` DATE: REVISION: lC' 11 FARM SHOP, OFFICE 169 S.F. YES e �$ .Q 12 DECK ON GROUND, UNATTACHED 224 S.F. YES SITE PLAN ` FARM STORAGE 97 S.F. YES Prepared e ared For:3 YES r13 FARM FARM QFFICE, NO BATH OR KITCHEN 401 S.F. Mattebella Vneyards4 R� L 15 O ANCHORED DECK 100 S.F. YE5 Ho ld�,ng LLC. ANCHORED DECK 100 S.F. YES "Winery Improzments" -A% f d G FRAME BUILDING 50 S.F. — YES At n 18 FRAME BUILDING 50 S.F. YES Southold Town of DAVID H. FOX, L.S. P-C. N.Y.S.L.S. #50234 19 FRAME BUILDING 50 S.F. — YES Southold FOX LAND SURVEYING 64 SUNSET AVENUE 20 SHED 100 S.F. YES Suffolk County, New York WESTHAMPTON BEACH, N.Y. 11978 (631) 288-0022 21 WINERY 900 S.F. — YES Suff. Co. Tax Map: UNAUTHORIZED ALTERATION OR ADDITION TO THIS SURVEY Dist. 1000 Sect. 075.00 Block 02.00 Lot{ 015.001 IS A VIOLATION OFSECTION 7209 OF THE NEW YORK STATE 22 THEEDUCAT10N LAW. COPIES OF THIS SURVEY MAP NOT BEARING SHED 100 S.F. YES THE LAND SURVEYOR'S INKED SEAL OR EMBOSSED SEAL SHALL NOT BE CONSIDERED TO BE A VALID TRUE COPY. 30 0 30 I I I CERTIFICATION INDICATED HEREON SHALL RUN ONLY TO THE _-- PERSON FOR WHOM THE SURVEY IS PREPARED AND ON HIS BEHALF TO THE TITLE COMPANY, GOVERNMENTAL AGENCY SCALE:1"=30' AND LENDING INSTITUTION LISTED HEREON , AND TO THE ASSIGNEES OF THE LENDING INSTITUTION. CERTIFICATIONS ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUBSEQUENT OWNERS. DWG: 2016-074 BOARD MEMBERS Southold Town Hall Leslie Kanes WeismanChairperson53095 Main Road • P.O. Box 1179 Patricia Acampora Southold NY 11971-0959 ,,, ^ "��� Eric Dantes Office—Location: Robert Lehnert, Jr. Town Annex/First Floor 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 http://southoldtownny.gov U bf ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 RE-C"'E- V ED EXTENSION DETERMINATION JU Six(6) Month Extension Special Meeting of July 20, 2023ootiol °`�'� Planning Board ZBA FILE # 7041 NAME OF APPLICANT: Mattebella Vineyards PROPERTY LOCATION: 46005 Main Road, Southold, NY SCTM No. 1000-51-2-15.1 ° I,�,-,-O—lw"- [!Pl-AIC;",r"1,."I",w(ON: Request for Variances under Article 1II, Section 280-14 and Section 280-15, and the Building Inspector's November 16, 2016, amended January 27,2017 Notice of Disapproval based on an application for permits to legalize seven (7)"as built"residential and agricultural related buildings, and to allow both residential and winery uses upon a 134,246 sq. ft. developable portion of a parcel at: 1) building nos. 3, 4, 5, 6, 9 and 14 are located less than the code required side yard minimum setback of 20 feet; 2) building no. 14 is located less than the rear yard minimum setback of 75 feet; 3)residential accessory structure,building no.2, located less the code required side yard minimum setback of 25 feet; 4) residential and winery uses upon a single parcel less than the minimum allowed 160,000 sq. ft. in total area, at: 46005 Main Road, Southold NY. SCTM#1000-75-2-15.1 & 15.2. This appeal was originally GRANTED with conditions on July 6, 2017. On July 16, 2020, July 15, 2021, and July 7, 2022,the Board granted one-year extensions pursuant to the applicant's request. By letter dated July 6, 2023, Abigail Wickham, Esq., on behalf of her client, requested an additional one year extension of the granted area variances in order to complete the site plan application and obtain a Certificate of Occupancy. The applicant representative claims difficulties surrounding obtaining prompt professional work and delays with interested agencies; i.e., the Suffolk County Department of Health Services, NYS Department of Transportation, and Southold Planning Board. RESOLUTION_OFwTHE BOARD: A motion was offered by Member Weisman(Chairperson)seconded by Member Planamento and duly carried, to GRANT, the applicant's request that the above cited determination be extended for sixmonths frc,,)in Jrllyfi 2023 t expl1 J 11�1,a1 r .202 4, as per Chapter 280-146 of the Code of the Town of Southold. Failure to comply with this extension shall render any variance granted null and void. A new application to the Zoning Board of Appeals will be required and subject to all fees, including application fee,and a new noticed public hearing. Vote of the Board: Ayes: Members Weisman (Chairperson) Dantes, Planamento, Acampora, and Lehnert. This Resolut".novas duly adopted(V)) J .... _w..:.w__ :.. µ.............. ...._......_.. l e Kanes Weisman, Chairperson Approved for filing / -//2023 LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A. WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 Qmft awickham@wbglawyers.com July 6, 2023 JUL 02023 Town of Southold Zoning Board of Appeals ZOMICBOARD OF APPMLS 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Re: Property owned by Mattebella Vineyards Holding Company,LLC d/b/a Mattebella Vineyards Premises: 46005 Main Road, Southold,New York 11971 SCTM# 1000-51-2-15.1 (Farm 15.2) Appeal No. 7041 Decision dated July 7,2017 Filed 7/10/2017 Ladies and Gentlemen: We write with respect to the variance granted under Appeal No. 7041. We respectfully request an additional one-year extension of the ZBA variance in order to complete the requirements of the site plan, Health Department and DOT applications, and obtain a building permit. Our client has encountered delays in obtaining the professional services required to obtain Planning and Health Department approval in order to proceed with a building permit. As we previously advised,the site plan application was submitted to the Planning Board and the owner fully intends to proceed to completion. The delays encountered and current status are as follows: 1. Starting in 2016, our client:requested input ftom the Planning Department on the proposed site. Our client obtained a draft site plan from the surveyor, Pox Land Surveyors, following the granting of the variance in 2017 and submitted it to the Planning Board in December 2018. Contemporaneous inquiries were made to the Building Department to ensure compliance with Code. We sought comments from Planning on specific inquiries prior to providing landscaping plans and road and drainage, but were advised that submission of this additional documentation would be required prior to comments or a conference. 2. The surveyor updated the parking area plan and other pian aspects several times during 2018 and 2019, and we again submitted information to the Planning Department in August, 2019. None of these matters affected or related to the issues addressed in the ZBA decision. 3. Concerned with the impact of the proposed parking plan on large trees in the proposed parking area, our client obtained and submitted a landscaping plan to the surveyor in 2020 and further parking revisions were made to address the existing trees. We also consulted with Land Preservation regarding the dual farm/winery driveway and its impact on the development rights sold property. We submitted a site plan to the Planning Board in August, 2019. QXVW Town of Southold Zoning Board of Appeals -2- July 6, 2023 JUL 1 .A 2023 4. Our client obtained and submitted a landscaping sketch to the40WNfR ` A . 2020. After subsequent communications with Planning, we were advised to submit a separate landscaping plan rather than put it on the site plan given the extensive landscaping already existing at the site. Meanwhile, our client had a professional landscape plan prepared and that was submitted to Planning in June 2021. 5. We also conferred with Land Preservation regarding the farm/winery driveway and relocation aspects for the respective farm and winery uses. 6. In January, 2022, we forwarded a revised driveway sketch and a revised plan for the new winery to the Planning staff for comments before having the surveyor map it in on the site plan. In March, 2022, we instructed the surveyor to proceed to map the revised driveway and parking area in the absence of such comments. We received that revision in June, 2022 and submitted it to Planning. We submitted an additional plan in October 2022. 7. Several requests were made to Planning for a conference to review the plan. We ultimately had several conversations with Planning, whose primary concerns were that of the multiple driveway entrances, which our client is addressing. We were also advised that as it is a farm-related matter, the processing of the site plan would be expedited. 8. Our client submitted another site plan application to the Planning Board on March 20, 2023. We await their response and review. 9. Our client has retained the offices of DiLandro Andrews Engineering to work in conjunction with the surveyor to submit a road and drainage plan, DOT review, and to complete the Health Department application. Their input has been extensive and prompt. The Board is undoubtedly aware of the difficulties surrounding obtaining prompt professional work in the surveying, legal and engineering fields, as well as municipal backlog, much of which derives from the Covid-19 impacts on business productivity and the real estate explosion. This application has had slow but steady progress and the owners are intent on finalizing it as soon as possible. While we realize that the extensions previously granted extend thrOLIgh-out the 3 year Code period, we ask that you consider a final extension givell.the extraordinary difficulties since 2020. Please advise if You need additional information. Thank you for your consideration. Very truly yours, AAWldm Abigail A. Wickham LLC/Matt/ZBA//shdZBAL'xt 7-6-23 R E C ET, �,I-E, �DY LAW OFFICES MAR 2 4 2023 WICKHAM, BRESSLER& GEASA, P.C. a��rci �V Y own 13015 MAIN ROAD, P.O.BOX 1424 planning Board MATTITUCK,LONG ISLAND ___j ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A.WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 awickham@wbglawyers.com March 20, 2023 Attn: Brian Cummings Town of Southold Planning Dept. 53095 Main Road P.O. 1179 Southold,New York 11971 Re: Site Plan Application of"Mattebella Vineyards" Owner: Mattebella Vineyards Holding Company,LLC Premises: 46005 Main Road, Southold,NY 11971 SCTM # 1000-75-2-15.1 (and 15.2) Dear Brian: The following documents are enclosed in reference to the above-captioned application: 1. Site Plan application form; 2. Copy of Variance dated July 6, 2017,together with extension letter to July 6, 2023; 3. Applicant's Affidavit; 4. Agent Authorization letter(Consent); 5. Transactional Disclosure form; 6. LWRP; 7. Short Form EAF; 8. Proposed Site Plan last dated January 24, 2023; (fourprints) 9. Please advise us as to the application fee. Kindly advise us upon review. Very Daly yours, ,r AAWldc Abigail A. Wickham encl. LLC/Matta..bbe-lla/SitePlan/LtrSitePlan 2-28-23 fie,. 1. 0 1 .. , REC „ :. SOUTHOLD PLANNING BOARD MAR 2 4 2023 SITE PLAN APPLICATION FORM S5Gth6ld 16wn Planning Board Site Plan Name and Locationrr "Winery Improvements” Site Plan Name: Mattebella Vineyards Holding LLC/ Application Date: a D / 23 Suffolk County Tax Map#1000- 75 - 2 - 15.1 Other SCTM#s 1000-75-2-15.2 Street Address: 46005 Route 25 Hamlet: Southold Distance to nearest intersection: he easterly side of Maple Ave. aidftteenorteYSide lof, they!___ Roa Type of Site Plan: x New Amended Residential Zoning District A-C Owners/A ent Contact Information Please list name, mailli� a �i�ess, and lze number r the e� 1e below: Property Owner Mattebella Vineyards Holding Company, LLC Street c/o Christine Tobin, 46005 Main Rd. City Southold State NY Zip 11971 Home Telephone, 305-397-9878 Other Applicant (same as above Property Owner) Street City State Zip. Home Te=lephone Other - Applicant's Agent or Representative: Contact Person(s)* Abigail A. Wickham, Esq. Street 13015 Main Rd. - PO Box 1424 City Mattituck State NY Zip 11952 Office Telephone 631-298-8353 Other CXR L&C 4\- 1 /441- ° *Unless otherwise requested, correspondence will be sent only to the contact person no ed here Site Plan Application Form 2118/2010 Site Data Proposed construction type: X New Modification of Existing Structure X Agricultural Change of use Property total acreage or square footage: 3.08 ac./sq. ft. for Tax Lot 15.1 Site Plan build-out acreage or square footage: 3.08 ac./sq. ft. Is there an existing or proposed Sale of Development Rights on the property? Yes x No 2/28/86 If ye , explain: Development Rights to Tax Lot 15.2 were sold to the Town of Southold on / Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot Recognition? Y X N_ If"yes", explain(and attach any necessary documentation-title report, subdivision approval, etc.) Tax Lots 15.1 & 15.2 have not been subdivided from each other. Building Department Notice of Disapproval Date: 1 /27 / 17 The ZBA granted the Variance on 7/6/17; File No. 7041 extened to 7/6/23 Is an application to the Southold Town Zoning Board of Appeals required? Yes__No If yes, have you submitted an application to the ZBA? Yes No If yes, attach a copy of the application packet. Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor area per use. List all existing property uses: winery, tastira room, a ricutural buildin s & re-exiatin rs.idence List all proposed property uses: winery, tasting room, agricultural buildin s & re-existingresidence Other accessory uses: Existing lot coverage: 2.9 % Proposed lot coverage: 3.9 % for Tax Lot 15. 1w . Gross floor area of existing structure(s):_ q. ft. Gross floor area of proposed structure(s): 5 Parking Space Data: #of existing spaces: #of proposed spaces: 37 Loading Berth: Yes No X Landscaping Details:* Existing landscape coverage: % Proposed landscape coverage, % *Landscaping is well above required coverage - See map reviously submitted Wetlands: Is this property within 500' of a wetland area? Yes No x Maybe I, the undersigned, certify that all the above information is true. Sig nature of Preparers �'� , Date: 3 e 2 Site Plan Application Form 211 -0110 N BOARD MEMBERS s � Southold Town Hall o Leslie Kanes Weisman,Chairpersondry 53095 Main Road o P.O.Box 1179 Southold,NY 11971-0959 Patricia Acamporae Location Eric Dantes , Town Annex/First Floor,Capital One Bank Gerard P.Goehringer ,a 54375 Main Road(at Youngs Avenue) Nicholas PlanamentoSouthold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel.(631)765-1809 a Fax(631)765-9064 ECEIVE FINDINGS,DELIBERATIONS AND DETERMINATION MEETING OF JULY 6,2017 qut, 201 ZBA FILE: 7041 SId Town Clerk NAME OF APPLICANT: Mattebella Vineyards,Holding Co,LLC PROPERTY LOCATION: 46005 Main Road, Southold NY SL. RA DETlJRM1NATION: 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 SERA. SUFFOLK COUNTY ADMINISTRATE 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 10, 2017 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 DETIL TIQN: The relief, permit, or interpretation requested in this application is listed under the Minor Actions exempt last and is not subject to review under Chapter 268. 2017 the SEM'f SO"OTllO1.YD PLANNING BOARD; In a memo to the Board of Appeals dated March. 24, ,oard provided cornrnents and reoommendations regarding the subject application, based upon their he Natice of Disapproval and the related preliminary plans/survey. They recommended that the be denied because it does not meet the minimum bulk schedule of 160,000 sq. ft. for two uses and wirreuy) in the AC Zone l fistrict. In addition,the Planning Board expressed concerns over the long rgs and potential safety issues that may result if retail wineries on undersized parcels with multiple uses are allowed,and suggested that the Town would benefit from an updated Town Code that recognizes and mitigates these potentially adverse impacts. PROPERTY FACTSIDESCRIP3--1 The property is a conforming 134,246 sq. ft. (3.08 acre) parcel located in the Agricultural Conservation Zoning District(AC). The parcel measures+693.45 feet along the southerly property line with 275.75 ft, fronting on NYS Route 25 (Main Road).The easterly property line measures,216.69 feet.The northerly property line measures 682.48 ft. and the westerly property line measures 504.53 feet. The parcel i currently improved with a-one story frame house and 22 various residential and winery accessory structures; seven (7)of which require relief from the Board. Along the northerly and easterly property lines,this parcel was divided from the parcel to the north having 802,1'84 ((18.4136 acres) by Indenture dated.February 28, 1986 (Liber 9991, Page 450)which covenanted premises for agricultural purposes only. BA 017 APPLlCAT101~l: Request for Variances under Article III, Section 280-14 and Section 280-15, and the F Building Inspector's November 16, 2016, Amended January 27, 2017 Notice of Disapproval based on an Page 2, May 18, 2017 #7041, Mattebella Vineyards SUM No. 1000-51-2-15.1 application for permits to legalize seven ( ) "as built" residential and agricultural related buildings, and to allow both residential and winery uses upon a 134,246 sq..ft.developable portion of a parcel at: 1) building nos.3,4,5,6, 9 and 14 are located less than the code required side yard minimum setback of 20 feet;2)building no. 14 is located less than the rear yard minimum setback of 75 feet; 3) residential accessory structure, building no. 2, located less the code required side yard minimum setback of 25 feet; 4) residential and winery uses upon a single parcel less than the minimum allowed 160,000 sq. ft. in total area, at. 46005 blain :Road, Southold 1Y.. SCTM#1000-75`2- 15.1 & 15.2. IELIBF RB 11S'1: The applicant requests variances to maintain the existing locations of severe (7) as built accessory structures, six with less than the code required minimum side yard setback of 20 ft. and one with less than the code required minimum rear yard setback of 75 as follow; Building#2,Residential Accessory'Storage Stied with a side yard setback of 0 feet; Building 0,Garage, Winery and Storage with a side yard setback of 10 feet; Building#4,,Wine Storage Shed with a side yard setback of 1.9 feet; Building#5,Shed for Tasting Room with a side yard setback of 1 foot; Building#6,Farm Storage Building with a side yard setback of 6.2 feet; Building#9,Frame Garage, Storage with a side yard setback of 6.1 feet; Building 14,Farm Office with a rear yard setback of 3.7 feet; In addition the, applicant requests variance relief from the Town's bulk schedule to operate and maintain two principal uses (residential and winery) each requiring 80,000 sq. ft. per use, on a total of 134,246 sq. ft. (3.0819 acres)where a total of 160,000 sq. ft.(4.0 acres)are required. Af7131T11G1 Al 111F° R1vlATlON: In 1986,the County of Suffolk Town of Southold created the subject 3.0819 acre parcel by assigning it a separate Tax Map Number when the Town of Southold purchased the development rights,setting off a portion by deed from a 21.5019 acres farm. The development rights of the remaining 18.4156 acres were purchased by the Town.. Therefore although the parcel has two separate tax map numbers, it has never been subdivided. In 2006 the Town Planning Board granted conditional site plan approval on the subject property for a proposed. larger new winery building known as Silver Nail Vineyards, At that time, the residential use (the dwelling) also existed on the subject property The applicant's attorney stated that Buildings #7 and #8 will be removed and that Building#13 will be moved to a conforming location.. According to the applicant's submittals and testimony, Buildings# 3, 5 and 9 predate zoning,and Buildings#6 and 14 were built afterzoning was adopted by the Town. Buildings 92, 4 & 6 are newer structures and help shield/buffer views of an adjacent derelict property. 1n a letter dated March 31,.the owner of the parcel to the north,Thomas Jerome, informed the Board that he had no objection to a variance to maintain building#14 located 3.7 feet from his property line Christina Tobin,winery owner, testified that her husband is the winemaker,she is the winery manager, and all of the wineries' red wine is processed on site in existing building# 3 (winery/storage), which she approximated as 30% of what they sell (or about 500 cases/200 barrels). Further, they process their white wines at Lenz winery because the cost of a full scale winery is prohibitive for them at this time. She also testified that the construction of a proposed new winery building, depicted on the site plan prepared by David H. Fox, LS, last revised March 6,. 2017 must be postponed for financial reasons. Page 3, May 18, 2017 #7041, Mattebella Vineyards SCTM No. 1000-51-2-15.1 In response to the Board's suggestion that the applicant purchase and merge the adjoining properly to the South owned by William Gorman, in order to make their lot area conforming to the bulk schedule requirements for 2 principal uses, Ms. Tobin, informed the Board in a letter dated April 20, 2017, that she and her husband had attempted to do so already but had been unsuccessful. Louisa Hargrave, by email correspondence May 5,2017,sent a statement to the Board via the applicant's attorney,. describing the method and importance of wine production,processing and tasting by small scale farming operations on the North pork,like Mattebella,,for inclusion in the public record. F1111T11f1SF FAGTI ASt31lS 1? BA1 AT11 : The Zoning Board of Appeals held public hearings on this application on April 6,2017 And May 4,2017 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 snakes the following findings: 1. Town Law 267-b U .1 . t=yrant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject property was originally a farm with numerous incidental and customary agricultural accessory structures ,and a farmstead/dwelling. Some of the existing accessory structures pre-date zoning in Southold Town and rrrany pre-date the establishment of the subject winery. The parcel is located on a major road (Route 25/Main Road) with two separate street frontages, in a mixed residential/commercial neighborhood in which there are as many commercial uses as residences in the immediate neighborhood. Many accessory buildings on nearby properties are also very close to property lines,, including the adjacent parcel to the south. 2. Town Law '267-_b(3 b 2 . The benefit sought by the applicant for buildings #3,.5,9,14 and 6 cannot be achieved by some method feasible for the applicant to pursue other than an area variance because of either their age, size, or functional location in relationship to wine processing and/or wine tasting on site, or the fact that they are constructed on permanent foundations. Buildings 112 (a 99 sq. ft, residential storage shed) and#4 (a 98 sq. ft. case storage shed)can be moved to conforming locations further to the east without undue hardship. The variance for the two principal uses on a parcel that is deficient in size by 16% cannot be achieved by some method feasible for the applicant to pursue other than an area variance. The applicant cannot legally operate a tasting room or offer outdoor wine tastings unless it is accessory to a winery/wine processing building. The applicant's attorney opined that, without a tasting room, the applicant's ability to sell its wine will be severely hampered,resulting in huge financial hardship. 3.Town haw 267-b b . The variances granted herein are mathematically substantial,representing relief in the following percentages from the code: #2 Residential Accessory Storage Shed with a side yard setback of 0 feet represents 100%; #3 Garage,Winery and Storage with a side yard setback of 10 feet represents 50%; 44 "aline Storage Shed with a side yard setback of 1.9 feet represents 90%;. #5 Shed for Tasting Room with a side yard setback of 1 foot represents 95%; #6 Farm Storage Building with a side yard setback of 6.2 feet represents 70%; #9 Frame Garage,Storage with a side yard setback of 6.1 feet represents 70%; #14 Farm Office with a rear yard setback of 3.7 feet represents 82%. The variance from the bulk schedule to operate 2 principal uses on 134,246 sq. ft. or 3.0819 acres, instead of the code required minimum of 160,000 sq. ft.representing 16%relief from the code. Page 4, May 18,2017 #7041, Mattebella Vineyards SUM No. 1000=51-2-15.1' Mitigating factors include: a) Buildings # 3, 5, and 9 pre-date zoning and are former farm buildings that remain in their original footprints and locations. They require variance relief only because the use has been, changed from the original pre-existing residential/agricultural use to residential/agricultural vineyard/winery use. b) The owner of the property adjacent to Building 414 submitted a letter stating that he hadno objection to a variance to maintain building#14 located 3.7 feet from his property line c) The existing buildings,both individually and in the aggregate,are very small and constitute a fraction of the permissible lot coverage at 3.9%of the developed parcel(lot 15,1) d) The subject property, although deficient by 16% of the required lot area for 2 principal uses, received conditional site plan approval from the Southold Town planning Board in 2006 for a 5,500 sq, ft. winery building with a residential use; the house on the parcel is small and located to one side of the property leaving most of the acreage for winery uses;has ample room for parking and buffers; is located on the Main Road in a mixed use neighborhood; the reserved. (developed) parcel has not been subdivided from the agricultural land from which the development rights were sold, andthe parcel was created in 1986 when the area was sufficient for two uses. 4 Town Law 267-1 3 b 4i— 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 parcel was used by an active farming operation prior to the ownership of the current winemaken Moreover,a large portion of the entire farm., now ,known as 1000-75-2-15.2, was created as a result of the Town purchasing. development rights in order to preserve and restrict uses to agricultural activity. The applicant's farm workers currently reside in the existing dwelling. Neighboring property owners testified that they have not experienced any noise disturbance from the subject winery/tasting room operations,or traffic impacts by large groups.The applicant must comply with Chapter 236 of the Town's Storm Water Management Code. 5. Town Lawv 267_b b 5 . The difficulty has been self-created.The applicant purchased the parcel after the Zoning Code was in effect and it is presumed that the applicant had actual or constructive knowledge of the limitations on the use of the parcel under the Zoning Code in effect prior to or at the time of purchase, However, the applicant purchased the property in 2005 with the expectation that the winery/tasting room use and the residential use were permitted as of right„ and in 2006 the Town planning Board did grant conditional site plan approval for the existing dwelling and 'a much larger new proposed winery building known as Silver Fail Vineyards,which was not built due to financial circumstances. 6, Town Law 267-b. grant of requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of maintaining a residence and accessory structures with winery/tasting room uses while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. 1SC3LI1TIr1�l CF THl )AM: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dantes, seconded by Member Weisman (Chairperson), and duly carried,to GRANT the following variances as applied for, and shown on the survey prepared by David H. Fox, Licensed Land Surveyor, last revised March 6,2017: a) //3 Garage, Winery and Storage for side yard setback of 10 feet; b) #5 Shed for Tasting.Room for side yard setback of 1 foot; c) #9 Frame Garage, Storage for side yard setback of 6.1 feet; d) 414 Farm Office for rear yard setback of 3.7 feet; e) Maintain two primary uses, residential and winery on a total of 134,246 sq.ft. (3.0819 acres)where a total of 160,000 sq,ft. is required. Page 5, May 18, 2017 #7041, MattebeII6 Vineyards SUM No.1000-51-2-15.1 DENY the following variances as applied for: a) #2 Residential Accessory Structure for 0 feet side yard setback; b) #4 Wine Storage Shed for side yard setback of 1.9 feet; c) 116 farm storage building for a side yard setback of 6.2 feet SiIM�QONj IONS: 1. The applicant shall remove Buildings#7 from the property or move to confirming locations. 2. Buildings Al 3 and#6 shall be moved to conforming locations or removed. 3. The applicant-shall apply to the Building Department to obtain Pre-Certificates of occupancy for all existing accessory structures predating Town Zoning. 4. Site plan approval Froin the Southold Town Planning Board must be obtained.Failure to do so will void the relief and approvals granted herein', 5. Buses and limousines are only permitted on site by advanced reservation. Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or apossible denial by the Building Department of 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 andlor survey cited above, such as alterations, extensions, or demolitions, are ?lot authorized under this application when involving nonconformili6s 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. Pursuant to Chapter 280-146(B) of the Code of the Town of Southold any variance granted by the Board of Appeals shall become null and void where a Certificate of occupancy has not been procured,and/or a subdivision map has not been filed with the Suffolk County Clerk,within three(3)years from the date such variance was granted. The Board of Appeals may,upon written request prior to the date of expiration, grant an extension not to exceed three(3) consecutive one(1)year terms. Vote of the Board: Ayes:Members Weisman (Chairperson), Dante,Acampora and Planamento (Member Goehringer abstained). This Resolution was duly adopted(4-1). eslie lane s Weisman, Chairperson Approved for filing 717 /2017 BOARD MEMBERS Southold Town Hall Leslie Kanes WeismanChairperson53095 Main Road • P.O. Box 1179 Patricia Acampora Southold NY 11971-0959 ,,, ^ "��� Eric Dantes Office—Location: Robert Lehnert, Jr. Town Annex/First Floor 54375 Main Road(at Youngs Avenue) Nicholas Planamento Southold,NY 11971 http://southoldtownny.gov Ubf ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 IVED F--'-_,_,_' ...._._ .. . ...... ] EXTENSION DETERMINATION Six(6) Month Extension � � �� M Special Meeting of July 20, 2023 Ploolannninnin�l fawn Pg Board ZBA FILE # 7041 NAME OF APPLICANT: Mattebella Vineyards PROPERTY LOCATION: 46005 Main Road, Southold, NY SCTM No. 1000-51-2-15.1 ° I,�,-,-O—lw"- [!Pl-AIC;",r"1,."I",w(ON: Request for Variances under Article 1II, Section 280-14 and Section 280-15, and the Building Inspector's November 16, 2016, amended January 27,2017 Notice of Disapproval based on an application for permits to legalize seven (7)"as built"residential and agricultural related buildings, and to allow both residential and winery uses upon a 134,246 sq. ft. developable portion of a parcel at: 1) building nos. 3, 4, 5, 6, 9 and 14 are located less than the code required side yard minimum setback of 20 feet; 2) building no. 14 is located less than the rear yard minimum setback of 75 feet; 3)residential accessory structure,building no.2, located less the code required side yard minimum setback of 25 feet; 4) residential and winery uses upon a single parcel less than the minimum allowed 160,000 sq. ft. in total area, at: 46005 Main Road, Southold NY. SCTM#1000-75-2-15.1 & 15.2. This appeal was originally GRANTED with conditions on July 6, 2017. On July 16, 2020, July 15, 2021, and July 7, 2022,the Board granted one-year extensions pursuant to the applicant's request. By letter dated July 6, 2023, Abigail Wickham, Esq., on behalf of her client, requested an additional one year extension of the granted area variances in order to complete the site plan application and obtain a Certificate of Occupancy. The applicant representative claims difficulties surrounding obtaining prompt professional work and delays with interested agencies; i.e., the Suffolk County Department of Health Services, NYS Department of Transportation, and Southold Planning Board. RESOLUTION_OFwTHE BOARD: A motion was offered by Member Weisman(Chairperson)seconded by Member Planamento and duly carried, to GRANT, the applicant's request that the above cited determination be extended for sixmonths frc,,)in Jrllyfi 2023 to expl1 J 11�1,a1 �r�.202 , as per Chapter 280-146 of the Code of the Town of Southold. Failure to comply with this extension shall render any variance granted null and void. A new application to the Zoning Board of Appeals will be required and subject to all fees, including application fee,and a new noticed public hearing. Vote of the Board: Ayes: Members Weisman (Chairperson) Dantes, Planamento, Acampora, and Lehnert. This Resolut".novas duly adopted(V)) J .... _w..:.w__ :.. µ.............. ...._......_.. l e Kanes Weisman, Chairperson Approved for filing / -//2023 LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A. WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 Qmft awickham@wbglawyers.com July 6, 2023 JUL 02023 Town of Southold Zoning Board of Appeals ZOMICBOARD OF APPMLS 53095 Main Road, Post Office Box 1179 Southold,New York 11971 Re: Property owned by Mattebella Vineyards Holding Company,LLC d/b/a Mattebella Vineyards Premises: 46005 Main Road, Southold,New York 11971 SCTM# 1000-51-2-15.1 (Farm 15.2) Appeal No. 7041 Decision dated July 7,2017 Filed 7/10/2017 Ladies and Gentlemen: We write with respect to the variance granted under Appeal No. 7041. We respectfully request an additional one-year extension of the ZBA variance in order to complete the requirements of the site plan, Health Department and DOT applications, and obtain a building permit. Our client has encountered delays in obtaining the professional services required to obtain Planning and Health Department approval in order to proceed with a building permit. As we previously advised,the site plan application was submitted to the Planning Board and the owner fully intends to proceed to completion. The delays encountered and current status are as follows: 1. Starting in 2016, our client:requested input ftom the Planning Department on the proposed site. Our client obtained a draft site plan from the surveyor, Pox Land Surveyors, following the granting of the variance in 2017 and submitted it to the Planning Board in December 2018. Contemporaneous inquiries were made to the Building Department to ensure compliance with Code. We sought comments from Planning on specific inquiries prior to providing landscaping plans and road and drainage, but were advised that submission of this additional documentation would be required prior to comments or a conference. 2. The surveyor updated the parking area plan and other pian aspects several times during 2018 and 2019, and we again submitted information to the Planning Department in August, 2019. None of these matters affected or related to the issues addressed in the ZBA decision. 3. Concerned with the impact of the proposed parking plan on large trees in the proposed parking area, our client obtained and submitted a landscaping plan to the surveyor in 2020 and further parking revisions were made to address the existing trees. We also consulted with Land Preservation regarding the dual farm/winery driveway and its impact on the development rights sold property. We submitted a site plan to the Planning Board in August, 2019. QXVW Town of Southold Zoning Board of Appeals -2- July 6, 2023 JUL 1 .A 2023 4. Our client obtained and submitted a landscaping sketch to the40WNfR ` A . 2020. After subsequent communications with Planning, we were advised to submit a separate landscaping plan rather than put it on the site plan given the extensive landscaping already existing at the site. Meanwhile, our client had a professional landscape plan prepared and that was submitted to Planning in June 2021. 5. We also conferred with Land Preservation regarding the farm/winery driveway and relocation aspects for the respective farm and winery uses. 6. In January, 2022, we forwarded a revised driveway sketch and a revised plan for the new winery to the Planning staff for comments before having the surveyor map it in on the site plan. In March, 2022, we instructed the surveyor to proceed to map the revised driveway and parking area in the absence of such comments. We received that revision in June, 2022 and submitted it to Planning. We submitted an additional plan in October 2022. 7. Several requests were made to Planning for a conference to review the plan. We ultimately had several conversations with Planning, whose primary concerns were that of the multiple driveway entrances, which our client is addressing. We were also advised that as it is a farm-related matter, the processing of the site plan would be expedited. 8. Our client submitted another site plan application to the Planning Board on March 20, 2023. We await their response and review. 9. Our client has retained the offices of DiLandro Andrews Engineering to work in conjunction with the surveyor to submit a road and drainage plan, DOT review, and to complete the Health Department application. Their input has been extensive and prompt. The Board is undoubtedly aware of the difficulties surrounding obtaining prompt professional work in the surveying, legal and engineering fields, as well as municipal backlog, much of which derives from the Covid-19 impacts on business productivity and the real estate explosion. This application has had slow but steady progress and the owners are intent on finalizing it as soon as possible. While we realize that the extensions previously granted extend thrOLIgh-out the 3 year Code period, we ask that you consider a final extension givell.the extraordinary difficulties since 2020. Please advise if You need additional information. Thank you for your consideration. Very truly yours, AAWldm Abigail A. Wickham LLC/Matt/ZBA//shdZBAL'xt 7-6-23 BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road-P.O.Box 1179 Southold,NY 11971-0959 Patricia Acampora Office Lac-atic : Eric Dantes Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento coy Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS 1 � TOWN OF SOUTHOLD Tel.(631) 765-1809-Fax(631)765-9064 EXTENSION DETERMINATION One Year Extension (Third) Regular Meeting of July 7,2022 ZBA FILE# 7041 NAME OF APPLICANT: Mattebella Vineyards PROPERTY LOCATION: 46005 Main Road, Southold, NY SCTM No. 1000-51-2-15.1 13AS1S QF-APPLICATION: Request for Variances under Article 111, Section. 2801-1.4 and Section 280-15, and the Building inspector's November 16, 2016, amended January 27, 2017 Notice of Disapproval based on an. application for permits,to legalize seven (7) "as built" residential and -agricultural related buildings, and to allow both residential and winery uses upon a 134,246 sq, ft. developable portion of a parcel at: 1)building nos, 3,4, 5,6, 9 and 14 are located less than the code required side yard minimum setback of 20 feet; 2) building no. 14 is located less than the rear yard minimum setback of 75 feet„ 3) residential accessory structure, building no. 2, located less the code required side yard minimum setback of 25 feet, 4) residential and winery uses upon a single parcel less than the minimum allowed 160,000 sq. ft. in total area,. at: 46005 Main Road, Southold NY� SCTM#1000-75-2- 15.1 & 15.2. This appeal was originally GRANTED with conditions on July 6, 2017. On July 16, 2020 and. July 15,, 2021, the Board granted a one-year extensions pursuant to applicant's request. By letter dated July 1, 2022, Abigail Wickham, Esq., on behalf of her client, requested a third one year extension of the granted area variances in order to complete the site plan application and obtain a certificate of occupancy. The project has experienced delays associated with the Suffolk County Department of Health and the Southold Planning Board. RESOLI. PION OF THE BOARD: A motion was offered by Member Weisman (Chairperson) seconded by Member Planamento and duly carried,to gRANT, the applicant's request that the above cited determination be extended for one year from July 6,2022 to expire July 6, 2023, as per Chapter 280-1.46 of the Code of the Town of Southold. This shall be the third and fina'1 extension. Vote of the Board: Ayes: Members Weisman(Chairperson) Dantes,Planamento,Acampora,and Lehnert. This Reso1 o was duly adopted(5-0) a �w d Nic ola to,rice Chair Al)pa, ye for filing °` / /2022 APPLICANT'S AFFIDAVIT APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK CHRISTINE TOBIN being duly sworn, deposes and says that he resides at c/o 46005 Route 25, Southold in the Member of the State of New York, and thatdre is the%wrier of property located at 46005 Route 25 Southold, NY 11971 , SCTM#1000-75-2-15.1 && 15.2 , or that he is the Member of t4a Mattebella Vineyards Holdin Com an , LLC , (Title) (Specify whether Partnership or Corp.) and said Corporation is the owner of the above property, which is hereby making a Site Plan application; that there are not existing structures or improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, including all rights-of-way, has been clearly established and is shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same; that the plans submitted, as approved, will not be alter or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be irstrl s!lct rdance with the plan as approved by the Planning Board. Sign- . . .... Owner Signed Christine Tobin, Member (Partner or Corporate Officer and"Title) Sworn to me this day of February 2023 Notary Public w ANDY CASTILLO •z My COMMISSION#NDN 347M CONSENT Re: Premises: 46005 Main Road, Southold,New York 11971 SCTM#: 1000-75-2-15.1, 15.2 MATTEBELLA VINEYARDS HOLDING COMPANY,LLC,the owner of the above referenced property(the"Premises"), does hereby consent to its attorneys, Wickham, Bressler&Geasa, P.C.; and their surveyors,Fox Land Surveying,their engineers, surveyors,agents, or other contractors retained by any of the above and any of their representatives and/or agents,to make applications to the Town of Southold Planning Board,Town of Southold Building Department, Suffolk County Department of Health Services, Suffolk County Water Authority and NYS Department of Transportation for site plan approval of the Premises, and to any other authorities or agencies having jurisdiction over said Premises,and for any other matters required to obtain such approvals, including without limitation,soil testing and engineering work. This authorization shall include all natters in connection with those applications. Dated: June 18, 2018 MA",T�BELLA VINEYAR S HOLDING COMPANY, LLC By: Cti 21/consen12007sitep Southold Planning Department Applicant Transactional Disclosure Form The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. Your Name: Christine Tobin Last,First,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. Nature of Application: (Check all that apply) Subdivision or Re-subdivision Site Plan X,,,— Other —Other(Please name other activity) Do you personally(or through your company,spouse,sibling,parent or child)have a relationship with any officer or employee of the Town of Southold? "Relationship includes by blood,marriage or business interest. "Business interest"means a business,including a partnership,in which the town officer or employee has even a partial 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 the person employed by the Town of Southold _ ......... Title or position of that person Describe the relationship between yourself(the applicant)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): A.the owner of greater than 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation); B.the legal or beneficial owner of any interest in a noncorporate entity(when the applicant is not a corporation); C. an officer,director,partner or employee of the applicant;or D.the actual applicant Description of Relationship: _............ ..............- arch Submitted this day of 20 23 Signatur Print Name Christine Tobin Disclosure Form Town of Southold LWRP CONSISTENCY ASSESSMENT FORM MATTEBELLA VINEYARDS 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 SCTM# 1000-75-2-15.1 (15.2 farm) The Application has been submitted to (check appropriate response): Town Board Planning Dept. X Building Dept. Board of Trustees ZBA X 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction,planning activity, agency regulation, land transaction) (b)Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: X Nature and extent of action: Approval of converted pre-existing and new as-built structures for winery and agricultural use, and proposed winery. Location of action: 46005 Main Road Southold,NY 11971 Site acreage: 3.1 a (adjoining farm 18.4 a) Present land use: Vineyard, farm winery and tasting room, storage buildings,pre-existing residence Present zoning classification: AC 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a)Name of applicant: MATTEBELLA VINEYARDS HOLDING COMPANY, LLC (b) Mailing address: c/o Wickham, Bressler, & Oeasa, P.C. PO Box 1.424, Mattituck,NY 11952 (c) Telephone number: Area Code (631) 298-8353 1 (d) Application number, if any: Will the action be directly undertaken, require funding,or approval by a state or federal agency?NO Yes No If yes, which state or federal agency?__ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. Yes No (Not Applicable - please explain) Yes—This is a working vineyard and winery on preserved land. Applicant has tailored its use by employing several small shed structures in keeping with the rural farm nature of the property and the area, avoiding the necessity of a large overpowering structure, Most of the tasting room usage is seasonal and outdoors. The expansion of the wine production facilities will allow a more efficient use the property, allow consolidation of the current outdoor production elements, supplement the existing infrastructure, minimizing additional development. 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) Yes. This application will foster the historical use of the property as a working farm. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes No (Not Applicable—please explain) Yes,the use of the existing buildings will minimize the need for a large building which would block scenic views. The small proposed winery building is one story and near the sideyard, allowing views of the preserved farmland to continue. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria Yes No (Not Applicable—please explain) N/A. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III—Policies Pages 16 through 21 for evaluation criteria Yes No (Not Applicable—please explain) Yes—Suffolk County Health Dept. regulations will be employed. Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including 2 Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III—Policies; Pages 22 through 32 for evaluation criteria. Yes No (Not Applicable—please explain) NOT APPLICABLE Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III— Policies Pages 32 through 34 for evaluation criteria. See Section III —Policies Pages; 34 through 38 for evaluation criteria. Yes No (Not Applicable—please explain) Not Applicable Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. Yes No (Not Applicable—please explain)Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III —Policies; Pages 38 through 46 for evaluation criteria. Yes No (Not Applicable—please explain) NOT APPLICABLE, except that the winery/tasting room encourages the outdoor enjoyment of the scenic vista afforded by the preserved farmland on which the development rights are owned by the Town of Southold. WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Yes No (Not Applicable—please explain) NOT APPLICABLE Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable—please explain NOT APPLICABLE Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III—Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable—please explain Yes—this project is essential to the economic viability of the agricultural operation. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable— Not Applicable PB SitePlan/lwrpMattebella 3 Short Environmental Assessment Form Part I -Project Information Instructions,for-Com_pletin Part I-Project Information. The applicant or project sponsor is responsible for the completion of`Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part I based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. Part 1-Project and Sponsor Information Mattebella Vineyards Holding Company, Inc Name of Action or Project: Winery Project Location(describe,and attach a location map): '46005 Main Road,Southold,NY 11971 Brief Description of Proposed Action; Site plan for winery Name of Applicant or Sponsor: Telephone: 631-298-8353 Mattebella Vineyards Holding Company, LLC E-Mail: awickham@wbglawyers.com Address: C/o Abigail A.Wickham,Esq.PO Box 1424, 13015 Main Road City/PO: State Zip Code: Mattituck NY 11952 1. Does the proposed action only involve the legislative adoption of a plan,local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that ❑✓ El may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,approval or funding from any other government Agency? NO— S If Yes, list agency(s)name and permit or approval:Southold:Town Bd Sanitary Credit,Ping Bel Site Plan,Building Dept. Permit' SCDept Health Services:Water Supply/Sanitary System 1 a.Total acreage of the site of the proposed action? _.. 3.08 acres b.Total acreage to be physically disturbed? less than 1 acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? ........ 21.5 acres 4. Check all land uses that occur on,are adjoining or near the proposed action: 5. ❑Urban ❑ Rural(non-agriculture) ❑ Industrial m Commercial 0 Residential (suburban) ❑Forest m Agriculture ❑ Aquatic ❑ Other(Specify): ❑Parkland Page 1 of 3 SEAF 2019 5. Is the proposed action, NO YES N/A a. A permitted use under the zoning regulations? ❑ 7 ❑ b. Consistent with the adopted comprehensive plan? .....W....... NO YES 6. Is the proposed action consistent with the predominant character of the existing built or natural landscape? El F71 7. Is the site of the proposed action located in,or does it adjoin,a state listed Critical Environmental Area? NO YES If Yes, identify: _...._ _. F-VI F1 NO YES 8. a. Will the proposed action result in a substantial increase in traffic above present levels? b. Are public transportation services available at or near the site of the proposed action? ❑ c. Are any pedestrian accommodations or bicycle routes available on or near the site of the proposed ❑✓ action? 9. Does the proposed action meet or exceed the state energy code requirements?' fNO YES If the proposed action will exceed requirements,describe design features and technologies: Itttp 111R11! lih gip : R[ Is.11[a�I a .dIslitaS. tis ara ..rtk .. E r7 10. Will the proposed action connect to an existing public/private water supply? N07 YES If No,describe method for providing potable water: _ ......... ..._,,,. — ...... R 11. Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment F0 El TBD in connection with Suffolk County Cbo t o� f Health Services reviewer ___..... _........�.... ........ 12. a.Does the project site contain,or is it substantially contiguous to,a building,archaeological site,or district NO YES which is listed on the National or State Register of Historic Places,or that has been determined by the Commissioner of the NYS Office of Parks,Recreation and Historic Preservation to be eligible for 1 isting on the State Register of Historic Places? b.Is the project site,or any portion of it,located in or adjacent to an area designated as sensitive for El. archaeological sites on the NY State Historic Preservation Office(SHPO)archaeological site inventory? 13. a. Does any portion of the site of the proposed action,or lands adjoining the proposed action,contain NO YES wetlands or other waterbodies regulated by a federal,state or local agency? ❑✓ b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? ❑✓ El If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres ... Page 2 of 3 14. Identify the typical habitat types that occur on,or are likely to be found on the project site.Check all that apply: ❑Shoreline ❑ Forest ©Agricultural/grasslands ❑Early mid-successional ❑Wetland ❑ Urban m Suburban 15. Does the site of the proposed action contain any species of animal,or associated habitats,listed by the State or NO YES Federal government as threatened or endangered? 16. Is the project site located in the 100-year flood plan? NO YES NO YES 17. Will the proposed action create storm water discharge,either from point or non-point sources? If Yes, F-1 21 a. Will storm water discharges flow to adjacent properties? 0 b. Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? El ❑✓ If Yes,briefly describe: Dry wells for any new construction 18. Does the proposed action include construction or other activities that would result in the impoundment of water NO YES or other liquids(e.g.,retention pond,waste lagoon,dam)? If Yes,explain the purpose and size of the impoundment: Z El �9. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste NO YES management facility? If Yes,describe: 20.Has the site of the proposed action or an adjoining property been the subject of remediation(ongoing or NO YES completed)for hazardous waste? If Yes,describe: I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor/name: Mattebella Vineyards Holding o.,IT InC tsy A.W lck�arn Agent Date:2/28/2023 Signature: Title:Agent PRINT FORM Page 3 of 3