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HomeMy WebLinkAbout1000-85.-2-15Southold, 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 recommend to the Southold Town Building Department the issuance of a Certificate of Occupancy for Pindar Vineyards l~cated in Peconic. Please connact this office if you have any questions. Very truly yours, Bennett Orlowski, Jr., Chairman Southold Town Planning Board cc: Mr. Lessard, B~ilding Department T LD S~TY Southold, N.Y. 11971 (516) 765-1938 June 11, 1986 Mr. Harold Halperin 440 Merrick Road Oceanside, NY 11572 Re: Pindar Vineyards Dear Mr. Halperin: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, June 9, 1986. RESOLVED that the Southold Town Planning Board approve the site plan for Pindar Vineyards for a wTinery located at Main Road, Peconic, survey dated as amended May 28, 1986 subject to: Receipt of amended surveys indicating the asphalt pavement in accordance with the Town of Southold Highway Sepcifications and the elimination of parking stall number 25. Would you please forward three (3) the above mentioned amendments so by the Chairman. surveys indicating they may be endorsed Please contact this office if you have any questions. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary cc: Building Department Frank Yakaboski Southold, N.Y. 11971 (516) 765o1938 April 7, 1987 Mr. William Skolnik General Manager Pindar Vineyards P.O. Box 332 Peconic, NY 11958 RE: Site Plan for Pindar Winery Dear Mr. Skolnik: Enclosed is a site plan for the above mentioned proposal which has endorsed by.the Chairman. If you have any questions, please don't hesitate to contact our office. Very truly yours, Cc: Building Department BENNETT ORLOWSKI, JR., CHAIRMAN .~qTHOLD TOWN PLANNING BOARD q~ Diane M. Schul%z~7, Secretary Site plan elements cont. ( ~/~y proposed grading, screening and other landscaping including types and locations of proposed street trees. ' The location of all proposed waterlines, valves and hydrants and of all ~ewer lines or alternate means of water supply and sewage disposal and treatment. ~ outline of any proposed deed retrictions and/or covenants. ~y contemplted Public improvements on or adjoining the property. If the site development plan indictes onl~ a first stage, a supplement~y plan shall indicate ultimate develoment. ( ~y other information deemed by the Planning Board necessary to determine ~,-conformity of the site plan With the intent and regulations of this chapter. ( ( ) ( ) NNEI I ORLOWSK~, JR. Chairl~an RICtt~kRD CAGGI~O WILLLA~V/J, CREMERS F~ENNETH L, EDWARDS MARTIN H. SIDOR P.O~ Box 1179 Town Hal!~ 83095 State'~oute 25 Southold; New York 11971~,959 Telephone (631) 765-1938 Fax (631) 765-~36 April 29, 2003 P~ING BO~D OFFICE TOWN OF SOUTHOLD Dr. Damianos Pindar Vineyards Po Box 332 37645 Main Road Peconic, NY 11958 iRe: Pindar Vineyards 37645 Main Road Peconic, NY SCTM~4~ 1000-85-2-15 Dear Mr. Damianos, The Plmming Board reviewed the proposed amended site plan prepared by JeffButler dated April 21, 2003 at the work session of April 28, 2003 along with the original approved site plan dated April 9, 1990. The Plamfing Board notifies you that an mnended site plan is not required for the as built alteration within the existing building. The Planning Board accepts the plan of the substantially complete building changes, as the as built plan. The Plmming Board reserves the right to review the site plan if there are any additions or changes. If there are any questions you can comact us at (631) 765,1802 between the hom:s of 8:00 a.m. and 4:00 p.m. CC:file,PB~ Building Depat~ent SITE PLAN ELEMENTS §100-134 Town Code (~/3~ot, block, and section number, if any, or the property taken from tax records /)%~Name and address of the owner of record e and address of the person preparing the map ~B~te, North arrow and written and graphic scale /'~_ufficient description or information to precisely define the boundaries ~f the property. Ail distances shall be ~n feet and tenths of a foot. Ail angles shall be given to the nearest ten seconds or closer. The error of closure shall not exceed one in ten thousand. ~he locations, name, and existing width of adjacent streets and curbline ~k~e location and owners of all adjoining lands, as shown on the latest tax records Location, width and purpose of all existing and proposed easements, seth reservatlons~ and areas dedicated to public use wlthinor adjoining prope A complete outline of existing deed restrictions or covenants applying t ~i~ t~e Pr °Per tY ~ Existing zoning C~Isting contours at intervals of five o~ less, referred to a datum ~satisfactory to the Board Approximate boundaries of any areas subject to flooding or s~ormwater ov ~ocation of existing watercourses, marshes, wooded areas, rock outcrops isolated trees with a diameter of eight inches or measured three feet above the base of the trunk and other significant existing features. ~iocation of uses and outlines of structures, drawn to scale on and within one hundred (i00) feet of the lots. . ved areas, sidewalks, and wehicular access between the site and public streets Locations, dimensions, grades and flow direction of existing sewers, and waterlines as well as other underground and above ground utilities ~.~ within and adjacent to the pro~er~ -Other existin develo sent, i~hludin fences 'a an g P g , ± noscaping n screening ~'/The. location of proposed bumldzni ' gs or stru=tur: al improvemen ~/The location and design ofall uses not requiring structures such as off street parking and loading areas. The location, direction, power and time of use of aSy proposed outdoor ~hting or public address systems. Th~'~ation of and lens for, an out 'o g . Y p ea areas; profiles indicating gradiag and cross sections showing width of roadway, location and width of sidewalks and lcoation and size of water and sewer lines, OVER... PLANNING BOAI>.2D MEMBEI~S BENNETT ORLOWSKI, JR Chairman RI C JLA_RD CAGGIANO WILLIAM & CREMERS KENNETH L. EDWARDS MARTIN t-I. SIDOR P~O. Box 1179 Town Hall, 53095 State Route 25 South01d New York 11971-0959 Telep~on~ (031) 765-I938 Fax 631) 765-3136 April 29; 2003 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Dr. Darnianos Pindar Vineyards Po Box 332 37645 Main Road Peconic, NY 11958 Re: Pindar Vineyards 37645 Main Road Peconic, NY SCTM# 1000-85-2-15 Dear Mr, Dm~aianos, The Planning Board reviewed the proposed amended site plan prepared by JeffButler dated April 21, 2003 at the work session of April 28, 2003 along with the original approved site plan dated April 9, 1990: The Plamfing Board notifies you that an mnended site plan is not required for the as built alteration within the existing building. The Planning Board accepts the plan of the substantially complete building changes, as the as built plan. The Planning Board reserves the right to review the site p!an if there are any additions or changes. If there are any questions you can contact us at (631) 765~1802 between the ho~s of 8:00 am. and 4:00 p.m. CC:file,PB, Building Department 4:30 pm Pindar Vineyard 37645 Main Road Southold, N.Y. SCTM: 1000-85-2-15 Representation: Mr. H. Damianos Zone: AC L Pre-submission of an AS-Built renovation. Albertson Marine, Inc. 37645 Main Road Southold, N.Y. SCTM: 1000-56-3-15 Representation: Mr. Tom McCarthy RE: 1) Pre-submission of Site Plan. Zone: Mil East Marion Fire District Main Road East Marion, N.Y. SCTM# 1000-31-3-11.3 Representation: Mr. Boyd Zones: HB & R~40 RE. 1) Recommend an uncoordinated SEQRA review & conditional sketch plan approval at May 12 Public Meeting. bs 4 25/03 Sub~Jd~'sion Without a Cover Letler ?o Commeflls: OWNER / STREET FORMER OWNER ! i J: ; ~ OF $OUTHOLD RES ~ - VILLAGE N CARD SUB. LOT S VL TOTAL E W TYPE OF BUILDING COMM, CB. MISC, Mkt. Value LAND IMP DATE REMARKS NEW NORMAL FARM Tillable Tillable 2 Tillable 3 Woodland Swampland Brushiono House Plot Total Acre _/ Value Per Acre Value TO: FROM: DATE: RE: Bennett Orlowski, Jr., Chairman Diane M. Schultze, Administrative Assistant January 25, 1988 Completion of Site Plan for Pindar This site was inspected today. The car stops and tree guards have been installed as per the approved site plan. Issuance of a Certificate of Occupancy is recommended. VINEYARDS March 13, 1987 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board Town Hall Southold, New York 11971 Dear Mr. Orlowski: We respectfully request that the Planning Board consider the following final ammendment to the Pindar Vineyard site plan as follows: 1). That the driveway specifications be changed from asphalt (Southold highway specs) to crushed recycled concrete of an adequate base depth of no less than four inches, covered by tar and impregnated with blue stone gravel. 2). That one driveway of 20 (twenty) foot width (used for ingress and egress) be allowed instead of two driveways. The driveway would be at the east end of the parking lot to limit congestion from Farmer Mike's Farm Stand. 3). That the proposed parking lot at the rear of the building be expanded to ten spaces at the west side (slanted) and the spaces on the east side be omitted. Sincerely, ~ William Skolnik General Manager Pindar Vineyards WS/mr P.O. BOX 33~:~ FIIECONIC~ NYIlBBB (BIB) 734-1Sl~00 VINEYARDS March 13, 1987 Mr. Bennett Orlowski, Jr. Chairman Southold Town Planning Board Town Hall Southold, New York 11971 Dear Mr. Orlowski: We respectfully request that the Planning Board consider the following final am~endment to the Pindar Vineyard site plan as follows: 2). 3). That the driveway specifications be changed from asphalt (Southold highway specs) to crushed recycled concrete of an adequate base depth of no less than four ~ches, covered by tar and impregnated with blue stone gravel. That one driveway of 20 (twenty) foot width (used for ingress and egress) be allowed instead of two driveways. The driveway would he at the east end of the parking lot ~o ,limit congestion from Farme~ A Mike's Farm Stand. ~ O.~ (~ That the proposed parking lot at the rear of the building be expanded to ten spaces at the west side ~slanted) and the spacea on the east side be omitted. ~ ~ ~'P~ Sincerely, William Skolnik General Manager Pindar Vineyarda US/mr BOX 3:3~' F~ECONIC, N¥11EISB (511~) ?'-'~'~O0 VINEYARDS CONTACT: Bill Skolnik {516} 734-6200 FOR IM~MEDIATE RELEASE: PINDAR VINEYARDS TAKES 2ND SILVER MEDAL FOR 1984 CHARDONNAY Pindar Vineyards, Long Island's largest vineyard and winery, was awarded a silver medal for its 1984 Chardonnay at the fourth annual international wine judging held by Les Amin du Vin on June 6, 7, and 8. The three day judging evaluated 800 premium wines world wide. Less~than 21% of the wines entered {175) received medals, reflecting the high standards of excellence set by the judges. Beginning in October, the 17S medal winners will be proudly paraded around the United States to select Les Amin du Vin chapters, where members will be able to taste and enjoy some of the best wines produced in the world. Including of course, a Long Island Chardonnay from Pindar Vineyards. The grand finale will come in February 1987 when all the medal winning wines will be presented for the last time at the society's national~convention. The first medal for the Pindar 1984 Chardonnay was awarded in March at:the Dallas National Wine Competition in Dallas, Texas. Pindar Vineyards is located on the north fork of Long Island on Route 2S and is open seven days a week from ll:00am to 6:00pm for free tours and tastings. Pindar wines are available at retail stores and restaurants at over 1S00 locations in New York, New Jersey, Connecticut, Massachusetts, California and Hawaii. I:1.0. BOX 33E I~ECONIC, NY11~SB (51~) SOME MORE EXC[TIXG NEll'S ......... NEW YORK WINE GRAPE FOUNDATION ON ,JUNE 2'6,1986 AT 4:00 pm GOVERNOR MARIO CUOMO WILL BE AT WINDOWS ON THE WORLD TO ANNOUNCE THAT ....... JULY IS NEW YORK WINE bIONTt'I AND TIlE SLOGAN WILL BE "UNCORK NEW YORK " DO2ENS OF UPSCALE RESTAURANTS I~ILL BE FEATURING NEW YORK WINES ALL bIONTtt. HERE ARE SOME THAT k~[LL BE FEATURING TIlE 1984 CHARDONNAY FROH PI."IDAR ........ LAVINS WOODS CENTIlRY CAPE SAFARI GRILL Sa Ho KITCHEN bIICHEAL'S TWO AURORA RESTA[JR~NT AU NATURAL and more and more and more ..... /~,tr, i I'~..~1_), ~Ic_C, ONIC, N.Y. 11958 ZONED AGRICULTURE - RelDENTI AL OUTLINE SURVEY INFORMATION FROM CONTOUR LINES 8~ ELEVATIONS ARE REFERENCED EASTERN TOWNS TOPOGRAPHIC SURVEY. ~ = PROPOSED ELEI/ATION PARKING CRITERIA · '~ TASTING ,~ LECTURE ROOM 2000 SQ. FT. ~ FOYER 1300 SO FT WINERY, STORAGE, LABORATORY, ETC. 2539 SQ. FT 20 SP,~ICES VISITORS 4 EMPLOYEES SURVEY BY RODERICK VAN T/J'I'I.. TO THE FIVE DRAINAGE CRITERIA PARKING 14RE~ = 16015 ECL FT. ROOF 7510 SQ. FT. CONC. 620 SQ. FT. SQ. FT. OR 0.554 ACRE 0.554 ACRE X I X 2.5 X 60"X 28 = 2327 CU. FT. 4 LEACHING POOLS lO'DIA. 15'DEEP = 4105 CU. FT. (EXISTING) · --~= DRAINAGE LIMIT LINE = TRAFFIC DIRECTION "~ INFORMATION FROM PINDAR VINEYARDS PLAN AT TOWN SUFFOLK COUNTY, 1000-085-02-015 SCALE ~ I"= 20' FEB. 6, 1986 OF PROPERTY PECONIC OF SOUTHOLD N.Y. ' TE'i 2.'5') ,/ 0 468. g 0'-"- 0 31 0 M/ IN R OW "N.Y.S. T Southold, N,Y. 11971 (516) 765-1938 September 17, 1987 Dr. Herodotus Damianos c/o Pindar Vineyards P.O. Box 332 Main Road Peconic, New York 11958 Re: Site Plan for Pindar Vineyards Dear Dr. Damianos: Please let this confirm the following action taken by the Southold Town Planning Board, Monday, September 14, 1987. RESOLVED that the Southold Town Planning Board, following a field inspection, recommend to the Building D~partment that a certificate of occupancy be issued for the site plan of Pindar Vineyards; subject to the following: Parking and landscaping to be installed as per the approved site plan. Upon completion of the above noted condition and inspection of same, a certificate of occupancy will be issued. If you have any questions, please don't hesitate to contact our office. Very truly yours, BENNETT ORLOWSKI, JR. CHAIRMAN SOUTHOLD TOWN PLANNING BOARD RECEIVED BY _$£P 8 1987 DATE VINEYARDS August 27, 1987 Mr. Bennett Orlowski, Jr., Chairman Southold Town Planning Board Town Hall Southold, New York 11971 RE: Pindar Vineyards and Winery Site Plan, Peconic Dear Mr. Orlowski: Michael LoGrande, Acting County Executive has asked if Pindar Vineyards could host a major fund-raising event for him on September 27, 1987, Sunday 4:00 p.m. to 7:00 p.m.. Since we presently do not have our permanent C.O. we ask what our next step should be. Kindly respond as soon as possible as we do have to notify the Acting County Execu~ve as soon as possible. Proprietor HD:nn P.O. BOX 332 PECONIC, NY 11958 (516) 734-6200 FILE COPY Southold, N.Y. 11971 (516) 765-1938 August 17, 1987 Victor Lessard Executive Administrator~. Building Department Town Hall Southold, NY 11971 RE: Pindar Vineyards And Winery Site Plan located at Peconic Dear Mr. Lessard: As per your department's request, the Planning Board inspected the above mentioned site on August 14. The Planning Boa'rd does not recommend that a certificate of occupancy be issued for this site since the landscaping and parking arenot developed as shown on the approved site plan. Upon notice of completion of these elements as per the approved site plan, please notify our office and an inspection will be scheduled. Pindar Vineyards Very truly yours, WSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 June 10, 1986 TO: FROM: SUBJECT: Bennett Orlowski--Planning Board Victor Lessard--Exec. Admin. ~,3 Site Plans I question the reasoning behind the boards decision to require twenty foot wide driveways in macadam in wineries. The state 280A law requires only fifteen foot wide dev- elopment on R.O.W.'s with two way traffic while the Planning Board has now set a precedent of twenty foot wide macadam with one way traffic, on'all wineries. I question whether the town would rather have more grass or macadam in the affected areas. Reviewing the code book, I could not find where the Planning Board has the authority to indicate what landscaping must be put on a site plan other than the required screening along property lines, between zones. This also goes for trying to design buildings. Lastly, I again caution you on making changes to a site plan, after it has been cert- ified by the Building Dept.. Such action renders the certification null and void. Be sure every- thing is on that site plan before sending it over for certification. VGL: hdv C.C. Robert Tasker Town Board Southold, N.Y. 11971 (516) 765-1938 June 13, 1986 Victor Lessard Executive Administrator Building Department Town Hall Southold, NY 11971 Dear Mr. Lessard: I am amazed at the interest you have taken in the Pindar Application, but let me get some facts straight~ At no time did my Board ever refer this site plan to your office for certification. I have no idea why you certified it prior to our review. It is by your own policy of letting us review the site plan first before you would entertain certification, but this is allowed by the Code, Section 100-133 C. Also, site plan approval in the code specifically states, under Section 100-131 C, that the Planning Board has the right to ask for landscaping and screening. "Landscaping and screening. That all playground, parking and service areas are reasonably screened at all seasons of the year from the view of adjacent residential lots and streets and that the general landscaping of the site is in character with that generally prevailing in the neighborhood. Existing trees over eight (8) inches in diameter measured three (3) feet above the base of the trunk shall be retained to the maximum extent possible." Lastly, your comments on the 20' wide macadam driveway and the comparison of this to a right-of-way in a minor subdivision, to me this is an absurd comparison. Site Plan Approval, Section 100-131 of the Town Code, states that the Planning Board must take into consideration the public health, safety and welfare. Traffic going into these wineries is many times greater than any subdivision. We are looking not only at car but also bus traffic. I have been informed that in this winery as many as 100-300 people pass through on a given day. Also, if you look at the site plan you can plainly see Mr. Lessard Page 2 6/13/86 ................................................................... each driveway has its own ingress and egress, so the Board questions whether you look more for the aesthetics of the site plan or for the public health and safety of entering and exiting these sites. In closing, I ask you, since site plan approval was given subject to a few minor changes with the applicant's full cooperation to comply, are you now rendering this certification null and void? Would you please let us known. Thank you. V~ true/ ::~. B~e~ n~~j r . ,~C h/~a/'i'r m a n Southold Town Planning Board dms cc: Town Board Town Attorney T ,~, LD Southold, N.Y. 11971 (516) 765-1938 June 3, 1986 Mr. Bill Skolnik c/o Pindar Vineyards P.O. Box 332 Main Road Peconic,NY 11958 Re: Site Plan for Pindar Vineyards Dear Mr. Skolnik: Enclosed, for your review, is a copy of the comments from the Planning Board following the site inspection of Friday, May 30, 1986. It is requested that items No. 1,3,4,5, and 6 be addressed on the site plan. And, as you are aware, the site improvements must be completed prior to the issuance of a certificate of occupancy. This proposal is scheduled on the Planning Board agenda for June 9, 1986. Please contact this office if you have any questions. Very truly yours, BENNETT ORLOWSKI, JR., CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary enc. FIELD INSPECTION PINDAR VINEYARDS 5-30-86 Boardmembers Ward, Mullen, Latham Site Plan elements that are still incomplete: 1. Proposed pavement to meet Town of Southold Highway Standards (asphalt) in front of building ; rear parking area may be stone. 2. Install curbing as shown on drawings, and/or concrete "bumper" car stops. 3. Install landscaping, indicate schedule of plants and size on plan. 4. Provide minimum 20' width between frame garage and west end of building, parking space 25 does not work. Also provide landscaping against building in front of Handicapped parking. 5. Expand grading limitsand drainage area to cover rear of building and proposed north parking area. 6. Provide drainage calculations and basins to adequately cover entire building and parking areas using Town of Southold Highway Standards. May 29, 1986 Planning Board Town of Southold Main Road Southold, NY 11971 Gentlemen: Re: Pindar Vineyards Please be advised that I am the attorney for Pindar Vineyards and Dr. Herodotus Damianos. This is to inform you that Pindar Vineyards holds a Farm Winery License issued by the New York State Liquor Authority, bearing licence number F0035, serial number 00054- County of Suffolk and certificate number 073024. The license was renewed effective March 1, 1986 and expires February 28, 1987. This is to advise you further that Pindar Vineyards is in com- pliance with the powers granted to it under the foregoing license. Should you require any additional information, please do not hesitate to communicate with me. HAH:jc cc: Frank J. Yakaboski, Esq. V.er~ truly yours,/ / HAROLD A. HAL~PERIN~ Southold, N.Y, 11971 (516) 765-1938 May 23, 1986 Dr. Herodotus Damianos c/o Pindar Vineyards P.O. Box 332 Main Road Peconic, NY 11958 Re: Site Plan for Pindar Vineyards Dear Dr. Damianos: The Planning Board has reviewed the above mentioned site plan. Enclosed is a site plan which indicates the Board's notations and comments, with regard to the parking layout, ingress and egress and landscaping. Please contact this office if you have any questions. enc. Very truly yours, BENNETT ORLOWSKI, JR. , CHAIRMAN SOUTHOLD TOWN PLANNING BOARD By Diane M. Schultze, Secretary 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 the~day of May, 1986. 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 ~e Town of Southold, County of~uffolk and State of New York, show cause at 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 seem just and.proper and it is. ARD~RED ~t p?nd]~g~e ~arin~ det~at~ .~ t~s. ap~ic_~on ,/the~ui Ving De~tmen t ~e T~w/_~o~ ~~rtment i~restra~he~ fr~6~ and en~orcif~q the same~' 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 Maff 23, 1986 LESTER'E. GERARD J.S .C. -GRANTED ' - 2 SUPREME 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 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 o'f growing grapes and bottling wine, Pindar Vineyards has been conducting tours and selling at retail other wine related produc%~,~romoting both wine and the products of Long Island. 4. On. May 21, 1986 the Building Dep~rtmen~ of %he Town of Southold issued an Order to Remedy ¥1olat~on,^delivered to Pindar Vineyards on May 22, 1986, informing it that it ~a~ vio!at~ng 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 epartmen=~ Put ~as not yet been approved by the Town of South- old Planning BoaFd 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 yea~s 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 Planning 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 Vineyar~§'%from "viewing, sales, tours, etc." Pindar Vineyards will be irreparably harmed. There can be no threat to public safety or the'w61fare of the community if Pindar Vineyards were permitted to continue its operations until the Planning Board approves its site plam 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 So~thold 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 therein stated to be alleged on information and belief and that as to those matters deponent believes it to be true. HERODOTUS DAMIAN6SJ Sworn to before me this 23rd day of May, 1986. - 3 - FORM NO. 5 TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN CLERK'S OFFICE SOUTHOLD, N. Y. ORDER TO REMEDY VIOLATION CEASE ALL VIEWING, SALES, TOURS, ETC. UNTIL CONDITIONS ARE MET Date Mav 21 ' lg...8..6... TO ..M...r. :.....H..e...r..°..d...°..t...u..s.....D. .a. . .m. .i...a..n. .O...s. .T. .p. .i. ~.~ · · ~ i n e y a r d (owner or authorized agent of owner) ........ .M...a..i..n..:,.R..9..a. ~:, g.9..x.....3...3..2..,....P...e..c..9..n..i...c..,....N..: .Y. lZ958 (address of owner or authorized agent of owner) PLEASE TAKE NOTICE there exists o violation of: Zoning Ordinance ..... . .C..H.....1. ~.0. ........................ OtSer Applicable Lows, Ordinances'or Regulations ..... .C...H......4...5. ........................ et premises hereinafter described in that .~.N..~..~..s.~i..t...e..~p.~.a~.n...~.a.P~q.r..~..v.D.~..(..~.n..~..~.c...e..r..t.~i.f.i..~ ......... (state character of violation) cate of occupancy, Special Exception conditions not met yet. in violation of ...£~,D.0.::.,L~,.4A...1,3.~.I~.)....£L0.Q::3.0.IL1,.&.t...45.~.Sr~:g. .......................................... (State section or paragraph of applicable Iow, ordinance or regulation) YOU ARE THEREFORE DIRECTED AND ORDERED to comply with the Iow and to remedy the conditions above mentioned forthwith on or before the .....I...l~....e.~.~.g...e..1..~. ........................................ day of ........ ~...1..s.~./.....N..a.~. ........................ , 19....8..6.. The premisesto which this ORDER TO REMEDY VIOLATION refersaresituated at 37645 Na&n 48 Peconic .................................... : ............................................ County of Suffolk, New York. ~%~ 1000-85-2~15 Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine or imprisonment or both. Cease all viewing, sales, tours, etc. until conditions ~re met. ' Building Inspector Curtis W. tlorton TOWN OF' $OUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL $OUTHOLD, 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 numbgr; 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; ~xterior 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. IndcxNo. ~(o ~ ? ~ 7'~ ~:ar x:/ ' ~ ":"" '; ' E~ ~U~R~E COURT OF THE STAT 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 ' HAROLD A. HALPERIN ~t,o~,~ ~o, Petitioner Attorney(s) for Service of a copy of the within Dated, is hereby admitted. Attornoy(s) for Sit:-Hesse take notice NOTICE OF ENTR F that the within is a {certified) true copy of a duly entered in thc office of the clerk of the withia ntmcd coral on that an order r~ttlcmcnt to the HON. of the within named Court, at on thc day of of which thc within is a truc copy will bc prcscntcd for one of the judges 19 at M. HAROLD A. HALPER. IN Attorney O/Dee and Po. fl O/flee A ddre~ ,140 MERRICK ROAD OCEANSIDE. NEW YORK [1572 (516) 766-7774 To Riverhead '"& BLACKFISH '::' ARE NOWIN! ~,. Open Mon..'l~um, 9-6, Fri. & Sat. 9-7, C~ed Sun : HOGAN Sauteed Soft Shell Crabs W/Ginger, Lime and Scallion Butter ~ble, Entree; Desser~ & Coffee F SANTRO latoes~ Mushrooms~ lish Mayonnaise ',IDAY, SATURDAY, SUNDAY VINEYARDS TASTE: The National Award Winning Wines . . _ of Pindar Free of Charge TOUR:'. Long Island's Largest World Class Winery and Vineyard.. .SPECIAL .EVENTS CALENDAR, Pmdar Vintage lazz Concert .... Series ~ ~' ... May 25th: 8:00p.m. to I a.m. at the Winery Starring - Larry Willis Grammy Award Winner and Keyboard Player With Blood, Sweat and Tears for Seven Years. Backed Up. By Four. World Class Musicians On Drums, Ba~s, Horns and Vocals Call For Reservations and More Info, Seating Limited To 175 Route 25 [Main Rd.] Peconic Call 734-6200 Open Seven Days A Week For Tasting - Tours - Sales Mon. thru Sunday 11:00 a.m. to 6:00 p.m. No Reservations Required Pindar Vineyards Planning Board File January 10, 1986 February 18, 1986 February 25, 1986 February 28, 1986 March 1986 May 16, 1986 May 20, 1986 May 21, 1986 Meeting with Judy Betz and Peconic Surveyors with regard to site plan for Pindar Vineyards. (she had been referred to have surveys made by Town) Six surveys of site plans submitted, along with "site plan checklist". Long Environmental Assessment Form was also submitted, however, this was returned as it was not complete. Site Plans reviewed by Boardmember Richard Ward, revisions requested with regard to landscaping and parking layout. Planning Board Secretary phoned Judy Betz, of Pindar Vineyards, and left message. Planning Board Secretary again phoned Pindar Vineyards and was told that Judy Betz was on vacation in Florida. Judy Betz met with Planning Board secretary and obtained a survey with the Board's requested revisions. Judy Betz also received from the Planning Board office a copy of the site plan check list indicating the site plan elements which were omitted from the survey. Mrs. Betz explained that a Landscape Architect had been hired to prepare the landscaping and architectural design of the site. This would include also the out side site plan elements, ie sign and lighting. Mrs. Betz explained that the west side of the premises from the house to the garage would be suitable for overflow parking and from discussions with the landscape architect some foliage maybe removed. Mr. Betz also stopped in the Planning Board office and received a copy of the Planning Board's requests. Correspondence to the Town Board regarding the operation of Pindar Vineyards without a site plan approval, correspondence also to Victor Lessard, exec. admin, regarding same. Judy Betz and Victor Lessard reviewed the site plan elements required for the survey. Judy Betz had surveyor add necessary elements and submitted six revised prints to the Planning Board office. Mrs. Betz spoke to the Planning Board Chairman requesting a special meeting. The Chairman indicated that he was unable to call a special meeting. This would be on the June 9, 1986 Planning Board agenda. May 21, 1986 cont. May 22, 1986 May 27, 1986 May 28, 1986 Filing fee of $100 received. Received copy of Building Department certification of site plan dated May 21, 1986, for Pindar Vineyards. Planning Board sent May 21 site plan back to Damianos of Pindar Vineyards with revisions requested. Bill Skolnik from Pindar vineyards called the Planning Board Office. He stated that he had received the site plan with the Board's recommendations and was going to bring it down to the Surveyors to have them amend the plan as requested. He questioned the procedure for obtaining a certificate of occupancy and stated that he would indicate all additional parking, etc. Mr. Skolnik questioned what would happen if he brought the plans in today since the litigation is to be heard tomorrow. He stated he will try to have the site plans amended and brought in today. He also needed clarafication on some of the Board's notations. Planning Board Secretary will try to obtain this information from the Board. TOWN OF SOUTHOLD OFFICE OF BUILDING INSPECTOR P.O. BOX 728 TOWN HALL SOUTHOLD, N.Y. 11971 TEL. 765-1802 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 point 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 Zoningx~d of ~ppeals. Victor Lessard VL:hdv Building Dept. Southold, N.Y. 11971 (516) 765-1938 May 2~,1986 Southold Town Board Town Hall Southold, NY 11971 Re: Pindar Vineyards Dear Boardmembers: Attached, for your review, is a copy of an advertisement for a Jazz Concert to be held at Pindar Vineyards. We direct your attention to this situation and the fact that site plan approval has not yet been given for the winery. This indicates to us that a certificate of occupancy has not been issued; and, therefore, there should be no use of the site. It appears, however, by advertisements and invitations that there are even more uses on the site than permitted by the zoning code in an Agricultural-Residential Zone. Also, a special exception was granted by the Board of Appeals for a winery with production and sales only and it appears that Pindar Vineyards is in violation of this approval as well. We ask that you direct your immedia~.attention to this matter in an effort to stop any illegal activities on this site. I will be available at any time today to speak to you regarding this matter. Very truly yours, ~" Bennett Orlowski, Jr., Chairman Southold Town Planning Board enc. dms cc: Town Attorney Town Clerk Victor Lessard Board of Appeals T ~'~v LD Southold, N.Y. 11971 (516) 765-1938 May 2~,1986 Southold Town Board Town Hall Southold, NY 11971 Re: Pindar Vineyards Dear Boardmembers: Attached, for your review, is a copy of an advertisement for a Jazz Concert to be held at Pindar Vineyards. We direct your attention to this situation and the fact that site plan approval has not yet been given for the winery. This indicates to us that a certificate of occupancy has not been issued; and, therefore, there should be no use of the site. It appears, however, by advertisements and invitations that there are even more uses on the site than permitted by the zoning code in an Agricultural-Residential Zone. Also, a special exception was granted by the Board of Appeals for a winery ~ with production and sales only and it appears that Pindar Vineyards is in violation of this approval as well. We ask that you direct your immediate attention to this matter in an effort to stop any illegal activities on this site. I will be available at any time today to regarding this matter. enc. dms cc: Town Attorney Town Clerk Victor Lessard Board of Appeals speak to you Very truly yours, Bennett Orlowski, Jr., Chairman Southold Town Planning Board Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June ll, 1985 Southold Town Building Department Attn: Vic Lessard, Administrator Town Hall Southold, NY 11971 Re: Appl. No. 3344 - Herodotus Damianos (Pindar Vineyards Gentlemen: Please find attached a copy of the in the above application for a Special winery. board's determination Exception for the Since we have not been able to coordinate review with the Planning Board without an application for site plan approval as required by Article III, Section 100-30(B)[14], it is requested that you or the applicant furnish us with a copy of the Planning Board's determination prior to the issuance of any permits concerning this special exception [see Condition No. 3 of ZBA decision]. Thank you for your assistance. lk Enclosure Yours very true, ~7 CHAIRMAN ~ Southold Town Board of Appeals MAIN ROAD- STATE ROAD 25 SOUTHOLD, I..I., N.Y. 11cj'71 TELEPHONE {516) 765-i809 ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3344 Application Dated March 14, Mr. Herodotus Damian0s Pindar Vineyards Main Road, Box 332 Pec0nic, NY ]]958 985 At a Meeting of the Zoning Board of Appeals held on May 23, ]985 the above appeal was considered, and the action indicated 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 ~rticle III , Section ]00-30(B)[]4] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of HERODOTUS DAMIANOS, Pindar Vineyards, Main Road, Peconic, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[14] for approval of the establishment of a winery at Pindar Vineyard, premises known as 37645 Main Road, Peconic, NY; County Tax Map District 1000, Section 85, Block 02, Lot 15. WHEREAS, a of the Application public hearing was held and concluded in the Matter of HERODOTUS DAMIANOS; and WHEREAS, the board members have personally viewed a~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: 1. The property in question is located 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 line 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 ~0' so-called "Morton 1984 TM structure; (4) 25' by 35' wood frame barn structure 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 DATED: June ll, 1985. Foz~n ZB4 (rev. 12/81) (CONTINUED ON PAGE TWO) CHAIRM3kN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 Appeal No. 3344 Matter of HERODOTUS DAMIANOS Decision Rendered May 23, 1985 proposed to be located, provided by Article III, Section lO0-30(B)[14] of the Zoning Code on the existing vineyard and farm on this 36.944- acre parcel to be located within the existing "wood frame barn" structure having a total area of 6,556± sq. ft. as indicated on the photocopy of a survey submitted with the application and site plan received 3-14-8B. 4. It is noted for the record that an application for the site plan a~proval has not as of this date been filed with the Southold Town Planning Board, which is a requirement of Article III, Section 100-30(B)[14], Article XIII, prior to the 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 agricultural-storage purposes was issued by the Building Inspector on March 15, 1985. 6. It is the opinion of this board that the effect 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 is located..." and does not permit the sale of grapes imported and/or processed, or wine, from other than the vineyard in question. In considering this application, the board determines: (1) the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; (3) the use is in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that a Special Exception for the production and retail sale of wine in the proposed winery structure located at the subject vineyard known as "Pindar Vineyard," BE AND HEREBY IS APPROVED as applied under File No. 3344 in the Matter of the Application of HERODOTUS DAMIANOS, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No sleeping or living quarters in the winery structure or accessory buildings; 2. This special exception approval is limited the production and retail sale of wine produced from the grapes grown on the vineyard on which such winery is located; primarily 3. The effect ance with Article III, plan approved from the with Article XIII; of this special exception shall be in accord- Section 100-30(B)[14] and subject to site Southold Town Planning Board in accordance 4. Any changes from the site and survey plans submitted and approved hereunder, or change in the location of the winery structure for the production and retail sale of wine as approved in the 125-foot wide "wood-frame building having 6,556± sq. ft. in area," shall require additional Special Exception application and consideration by this board. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Doyen, Douglass and Sawicki. This resolution was adopted by unanimous vote of all the members. lk GERARD P. GOEHRINGER, CHaiRMAN June ll, 1985 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 the papers that there is more activity going on at this site than is allowed by code. We would appreciate your immediate attention to this matter. etruly ~v°~'~ // t~ ~~~,~/C ~ a i rma n Southold Town Planning Board dms cc: Town Board Board of Appeals Town Clerk Town Attorney COUNCILMEN Raymond W. Edwards Paul Stoutenburgh James A. Schondebare Jean W. Cochran George L. Penny IV MAR 3 1986 COUNCILMEN TOWN OF SOUTHOLD Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 TELEPHONE (516) 765-1891 February 28, 1986 To: From: Re: Victor G. Lessard, Executive Administrator James A. $chondebare, Councilman Pindar Vineyards Where is site plan for Pindar? How the heck did they build? No permit without a site plan, yet no site plan given. I'm getting a lot of questions and I need some answers!!! JAY SCHONDEBARE cc: Town Board Planning Board Town Attorney Southold Town Board of Appeals APPEALS BOARD MEMBERS GERARD P. GOEHRINGER, CHAIRMAN CHARLES GRIGONIS, .JR. SERGE DOYEN, JR. ROBERT J. DOUGLASS JOSEPH H. SAWlCKI June ll, 1985 Southold Town Building Department Attn: Vic Lessard, Administrator Town Hall Southold, NY 11971 Re: Appl. No. 3344 - Herodotus Damianos (Pindar Vineyards) Gentlemen: Please find attached a copy of the board's determination in the above application for a Special Exception for the winery. Since we have not been able to coordinate review with the Planning Board without an application for site plan approval as required by Article III, Section 100-30(B)[14], it is requested that you or the applicant furnish us with a copy of the Planning Board's determination prior to the issuance of any permits concerning this special exception [see Condition No. 3 of ZBA decision]. Thank you for your assistance. lk Enclosure Yours very trul~]_~, ~.y Southold Town Board of Appeals ACTION OF THE ZONING BOARD OF APPEALS Appeal No. 3344 Application Dated March ]4, TO: Mr. Herodotus Damianos Pindar Vineyards Main Road, Box 332 Peconic, NY 11958 1985 At a Meeting of the Zoning Board of Appeals held on May 23, ]985 the above appeal was considered, and the action indicated 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 ]00-30(B)[14] [ ] Request for Variance to the Zoning Ordinance Article , Section [ ] Request for Application of HERODOTUS DAMIANOS, Pindar Vineyards, Main Road, Peconic, NY for a Special Exception to the Zoning Ordinance, Article III, Section 100-30(B)[14] for approval of the establishment of a winery at Pindar Vineyard, premises known as 37645 Main Road, Peconic, NY; County Tax Map District 1000, Section 85, Block 02, Lot 15. 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~ad 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: 1. The property in question is located 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 1000, 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 line 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 structure 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) DATED: June ll, 1985. Form ZB4 (rev. 12/81) CHAIRMAN, SOUTHOLD TOWN ZONING BOARD OF APPEALS Page 2 - Appeal No. 3344 Matter of HERODOTUS DAMIANOS Decision Rendered May 23, 1985 proposed to be located, provided by Article III, Section lO0-30(B)[14] of the Zoning Code on the existing vineyard and farm on this 36.944- acre parcel to be located within the existing "wood frame barn" structure having a total area of 6,556± sq. ft. as indicated on the photocopy of a survey submitted with the application and site plan received 3-14-85. 4. It is noted for the record that an application for the site plan approval has not as of this date been filed with the Southold Town Plannin~ Board, which is a requirement of Article III, Section 100-30(B~[14], Article XIII, prior to the 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 agricultural-storage purposes was issued by the Building Inspector on March 15, 1985. 6. It is the opinion of this board that the effect 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 is located...'~ and does not permit the sale of grapes imported and/or processed, or wine, from other than the vineyard in question. In considering this application, the board determines: (1) the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the safety, health, welfare, comfort, convenience and order of the town will not be adversely affected by the proposed use and its location; (3) the use is in harmony with and will promote the general purposes and intent of zoning. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Sawicki, it was RESOLVED, that a Special Exception for the production and retail sale of wine in the proposed winery structure located at the subject vineyard known as "Pindar Vineyard," BE AND HEREBY IS APPROVED as applied Under File No. 3344 in the Matter of the Application of HERODOTUS DAMIANOS, SUBJECT TO THE FOLLOWING CONDITIONS: 1. No sleeping or living quarters in the winery structure or accessory buildings; 2. This special exception approval is limited the production and retail sale of wine produced from the grapes grown on the vineyard on which such winery is located; primarily 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 in accordance with Article XIII; 4. Any changes from the site and survey plans submitted and approved hereunder, or change in the location of the winery structure for the production and retail sale of wine as approved in the 125-foot wide "wood-frame building having 6,556± sq. ft. in area," shall require additional Special Exception application and consideration Dy ~nls 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 GERARD P. GOEHRINGER, CHAIRMAN June ll, 1985 D 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 PIanning Board on Monday, January 25, 1988. RESOLVED that the Southold Town Planning Board recommend 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, cc: Mr. Lessard, Building Department Bennett Orlowski, Jr., Chairman Southold Town Planning Board ToWN CLERK Tow~ o~ ~o~'~o,~ Suffolk Couuty, New York 516 - 765-1801 Southold, N. Y. Judith T. Terry, Town Clerk ASPHALT CROSS SECTION ,~ ~. ,~.L.b. and approved and adopted 30-- PECONIC SURVEYORS (516) 765 - 5020 P. O. SOX 909 MAIN ROAD SOUTHOLD , N.Y. 1~971 N.YS. LIC. NO. 49618 ENGINEERS ~ R C. V / Y ./ CONC RAMP p,~opo ~ec/ ~' ~4" S. 46° 19'5 "MAI N 2 s/or)r 20' "ROAO'"'(':N.'¥ $. RTE '25 468.80'-- _ KEY MAP SCALE ~ " lo00' APPLICANT: dUDITH I. BETTS C/O PINDAR VINEYARDs RO. BOX 332 MAIN ROAD, PECONIC, N.Y. IID5G ZONED AGRICULTURE-RESIDENTiAL OUTLINE SURVEY INFORMATION FROM SURVEY BY RODERICK VAN TOYL CONTOUR LINES 8~ ELEVATIONS ARE REFERENCED TO THE FIVE EASTERN TOWNS TOPOGRAPHIC SURVEY. PROPOSED ELEI/ATION PARKING CRITERIA ~ TASTING ~ LECTURE ROOM P. 000 SQ. FT. ',~ FOYER 1.300 SQ WINERY, STORAGE, LABORATORY', ET0. 2539 SQ. FT 20 SPACES VISITORS 4 EMPLOYEES DRAINAGE CRITERIA PARKING ~REA ~ ISOI5 SQ. FT. ROOF CONC. O, 55 41 ACRE LEACHING POOLSIO'DIA, 15'DEEP = ( EXISTINGJ 7510 SQ. FT. 620 SO, F~ 24145 SQ. FT. OR 0.554 ACRE X IX 2.5 X GO"X 28 '-2327 CU, F'~ 4105 CU. FT. · -- DRAINAGE LIMIT LINE = TRAFFIC DIRECTION INFORMATION FROM PINDAR VINEYARDS PLAN OF PROPERTY AT PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. I000 -085 - 02- 015 S~ALE : I"= 20' FEB, 6, 1986 FEB 18 1986 86-108 ,/ ~0 V I /? d~ ?X-'I F PA12,~i~c'~ ~ KEY MAP SCALE I = I000' APPL I CA N T: UUDITH I. BETTS C/O PINDAR VINEYARDS P. O. BOX 5,52 MAIN ROAD, PECONIC, N.Y. 11958 ZONED AGRtCULTURE-RESIDENTI AL OUTLINE SURVEY INFORMATION FROM SURVEY BY RODERICK VAN TUYLP. C CONTOUR LINES ~ ELEVATIONS ARE REFERENCED TO THE FIVE EASTERN TOWNS TOPOGRAPHIC SURVEY· ~ ~ = PROPOSED ELEVATION PARKING CRITERIA ~, ,~ RETAIL 'SALES I~c:,O 47~0- SQ FT. WINERY, STORAGE, L~BORATOR¥, ETC. 25:R9 SQ. FT -- 0 3~z' ~. ,c~ · ~,i~t~c,C. LO,,~,~,~.'20 SPACES ViSiTORS L~ ~[~ ~' ~' ~"-~ ~' EMPLOYEES - . P~RKING AREA = 16015 ~ ROOF 7510 SQ. FT. CONC. 620 SQ. FT. ~4145 S~.FT. OR 0.554 ACRE ~ -- ~dl~ ~o, 55; ~CRE X ~ X ;.5 X 60"X 2a ~ 2327 CU. FT ~ ff. '~ ~ 4 LEACHING P~ IO'DIA. 15'DEEP ~ 4105 CU. FT. ~ ~v ~ (~EXISTING~ ,/~ ~r, ~ = TRAFFIC DIR~TION ~ ~, ~1~, .INFORMATION FROM PINDAR VINEYARDS ~ , ASPHALT CROSS SECTION ~ ~ ~? ~ ~ x~ ~ pLAN OF PROPERTY i ~ . ~ ~' I~ ~ ~'¢ ~'} SUFFOLK COUNTY,N.Y. I(~ ~ss - so~o IVI ASPHALT CROSS SECTION !~$N .Y S. LIC. PECONIC SURVEYORS (5f6) 765 - 5020 P. O. BOX 909 MAIN ROAD SOUTHOLD, N.Y. llgTI -- 0 J RAMP NO. 49615 ENGINEERS ~ P, C. %\ ~ / propo~md $/0 lh ~' 50 'cC ~ 468.80-- KEY MAP SCALE I" -' I000' APPLICANT: dUDITH I. BETTS CIo PINDAR VINEYARDS R O. BOX ,532 MAIN ROAD, PECONIC, N.Y. 11958 ZONEDAGRICULTURE- RESIDENTI AL OUTLINE SURVEY INFORMATION FROM SURVEY BY RODERICK VAN TU~LP, E CONTOUR LINES E~ ELEVATIONS ARE REFERENCED TO THE FIVE EASTERN TOWNS TOPOGRAPHIC SURVEY. [~ = PROPOSED ELEVATION PARKING CRITERIA ~ TASTING ~ LECTURE ROOM 2000 SO. FT. ~RETAIL SALES J ." q 470~0- SO FT. WINERY, STORAGE, L~B~ATORY, ETC. 2539 SQ. FT 38 - SPACES VISITORS 4 EMPLOYEES DRAINAGE CRITERIA PARKING ~RE/~ = 16015 SQ. FT. ROOF 7510 SO. FT. CONC. 620 SQ. F'I~ 24145 SQ. FT. OR 0,554 O, 554ACRE X IX 2.5 X 50"X 25 = 2~27 LEACHING POOLS IO' DIA. IS' DEEP LEX ISTING ~ TRAFFIC DIRECTION NO PROPOSED WATER LINES AND SIGNS . /~CRE CU. FT. 4105 CU, FT. PINDAR VINEYARDS OR OTHER UTILITIES PLAN TOWN SUFFOLK COUNTY, I000 -085 - 02- 015 SCALE: I"= 20' FEB. 6, 1986 MAY 21,1986 MAY 28, 1986 OF PROPERTY P£CONIC OF SOUTHOLD N.Y. MAY ~ 8 86-108 ,~~Y $. LIC. PECONIC 6URVEYORS (5161 7'65 - 502.0 P. O. BOX 909 MAIN ROAD SOUTHOLD , N.Y. 1197.1 NO. 49618 & EN6INEF-.RS ~ P. C. ,r , ~0 S. 46" 19' 7,/' M AI N "" "'ROA O' "'(' N'; Y'S / 468.80-- KEY MAP SCALE I ~000' APPLICANT: OUDITH I. BETTS C/O PINDAR VINEYARDS PO. BOX 552 MAIN ROAD, PECONIC, N.Y', 11958 ZONED AGRICULTURE-RESIDENTt AL OUTLINE SURVEY INFORMATION FROM SURVEY BY RODERtCK VAN TUY/..PC CONTOUR LINES 8~ ELEVATIONS ARE REFERENCED TO THE FIVE EASTERN TOWNS TOPOGRAPHIC SURVEY. PROPOSED ELEI/ATION PARKING CRITERIA ~ TASTING 8~ LECTURE ROOM 2000 SQ. FT. ~ RETAIL SALES I ' ~7~ SO F~ WINERY, STORAGE,, LABORATORY, ETC. 2539 SQ. FT 38 SPACES VISITORS 4 EMPLOYEES DRAINAGE CRITERIA PARKING AREA = 2~ P[~ SQ. FT. ROOF 7510 SO. FT. CONC. 620 SO. FT. · 50~-5 SQ. FT. OR O.?O& ,~CRE 0,70~ ACRE X I X 2.5 X 60"X 2,8 = ~P?~- CU, F~ ~ 4 LEACHING POOLSIO'DIA. 15'DEEP = (EXISTINGI · a, = DRAINAGE LIMIT LINE 4105 CU, FT. = TRAFFIC DIRECTION ~ INFORMATION FROM PINDAR VINEYARDS NO PROPOSED WATER LINES OR OTHER UTILITIES AND SIGNS . PLAN OF PROPERTY AT PECONIC TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. I000 -085 - 02- 015 SCALE: I"= 20' FEB. 6, 1986 MAY 21,1986 MAY 28, 1986 MAR 20, 1987' 86-108 'X \ \ 1-EST HOLE HITNEE~ED E~¥ ~.C.P.H.~. 5ANITAR'r "YIELD GALC.,ULATION~ PARKIN~ F-.ALC, ULATION; ~(IDTIN~ PAVILION, DOIO ~GLFT, PAVILION HELL VINI~TAP4~ {e\ ('TTP, 4 PLC,~) 2-~,'¢x~' DEE' SANITARY LEACHIN~ F~OdL5 IO~4)xl2' DEEP 5ANITART' POOL EXFETiN~, ~/'~'' ~' LEA6HIN-~ POOLS, T'r'P. 5TINe 2 5TORY PARK/NG P4-6 (N."r'.5.D.O.T.) (~EE ~IT~ PLAN FOR LOCATION) HANDICAPPED PARK. IN~ 51~N PETAI~L / J APR 2 4 ~ PAP. TIAL ITE F)LAN EXISTING GARAGE DOOR TO BE REMOVED, CLOSE IN OPENING (TEMPI ! SCOPE OF WORK: i ; ~ I I RENOVATION OF EXISTING RETAIL/STORAGE SPACE ~ ~ NOTCH BEAM POCKET IN : : ! x ~N~i~IN~E~L~KOFC~)~j~NATiON, I INTO RETAIL SPACE. WORK TO INCLUDE THE ! ~ ~ GROUTBEAM SOUD I INSTALLATION OF A NEW FLOOR SYSTEM, EMERGENCY I EDGE OF FOUNDATION, ', ; ~ ' PLATEANCHOR TO ~ EXISTING 3X12 FLOR JOISTS ', PROPOSED , ~ ~ MAINTAIN LEVEL FLOOR = ~ ~'~/ PROPOSED 36" X 36" X12" DEEP I ,, ~ ~~ jff~o~T,~mPoURED CONCRETE FOOTING , - ~ , W TH CONCRETE BLOCK EXISTING PROPOSED 1 3/4" X 11 7/8 .........., ~ ~m ', PROVIDE1314" X11718" M L LEDGER ~ ~ ~ 'm BOARD, LAG TO EXISTING 3x12 FLOOR r ..... n '~ JOISTS WITH 2-1/2" X 6" LAG BOLTS ~ ~ ', ~ AT EACH EXISTING FLOOR JOIST ~ ', ,, FINISHED HEIGHT OF EXISTING ~---~--J ', ~ ~ EXISTING DOOR OPENING TO BE ~ISEO ~ EXISTING 3X12 FLOOR JOISTS , , , PROVIDE NEW STEEL DOOR WITH PANIC ~ ', . ,, HARDWARE AND ADA SILL ,, _ m EXISTING STORAGE ROOM / EXISTING PROPOSED TASTING ; ~'~ ~,', m ELECTRIC PANEL AS REQUmRED / m A~ I mN~ ~)U~ ~UlVl ~=lNUV~/iul~ , ~ , 1,, m EXISTING : -- . TJI 350 FLOOR JOISTS ~ t6" O.C ~ggU~ggg~g · l ....... ............. r - ~. BOARD, LAG TO ESIST[~G 3X12 FLOOR X STAIRS BELOW ~ ...... ~ =---i L ~ / S ~ .~' AT EACH EXISTING FLOOR JOIST. / " ~ ~ ' ~oSTI ~' ~ ~.' FINISHED HEIGHT OF NEW TO MATCH ,- ...... ~--- J OM ~ FINISHED HEIGHT OF EXISTING JEFFREY T. BUTLER P.E Z EXISTING :: / ~ m , TASTING ROOM : / ~ FLOOR SYSTEM PLAN i ~ ~ ~:~9.~_ PROPOSED TAST NG ~ v w z ~ } PROPOSED117/8" TJI 350 ~16" 0.C. R-30~ _ % ~ PROPOSED CMU PIER -- PROPOSED ~' X 3' X 11 DEEP PAGE: PARTIAL SECTION P.C. PIER 1 of 2 GENERAL NOTES: 1. All work shall be performed m accordance with all slate, municipal, ~ocal zoning and building codes and ordinances having junsdlction and best standards of construchon practice. The Ameedan Institute of Arch fleets Conditions shall apply ~o all work performed on this project. 2 The Contractor shall redly all conditions at the s~te, Any d~screpancles must be brought to the attention of the Engineer pnor to commencement of construction, The Contractor shall be responsible for correcfions not reported once he has started work except for hidden job conditions. 3. Contractor shall guerantee to the Owner that all materials and equipment ~ncordoratad tn the work will be new, and that all work will be ef good quality, tree from faults and defects for a period of one year trom the date of the final Certificate of Occupancy. 4. The Engineer shall not be responsible for the construction means, methods, techniques, sequences or procedures, or for the safety precautions and programs in connection with the work, and he shall not be responsible for the contractors failure to carry out the work in accordance wdh the construction documents. The Engineer shalt not be responsible for the acts Dr om~ss~ons by the contractor. No changes shall be made ~n the documents and/or the building as demgned without the expressed wntten consent of the Engineer. 5 The contractor and all subcontractors shall maintain continuous insurance coverage including statutory polities (Worker Compensahon, etc.) and general liability in an mount not less that $5 million and automobile habihty and damage coverage not less than $2 million· The Engineer shall be a named insured on any and all policies· 6 Provide 0.025" aluminum termite shields over fibrous msulabon at all perimeter sills. 7 All wood in contact with concrete or masonry to be Wolmanlzed 8 A fire protechon system shall be ~nstalled in accordance with NFPA standards and local code, seal of the engineer and the approval of the local budding department. 10. Heahng to be designed t~ provide 70 degrees F with outdoor designed air-temperature of 0 degrees F. and 15 M PH wind 11 All eiectrica~ work to be in accordance to the rules and regulations of the N.Y.B.F.U. and a N.Y.B.F U. certificate ~s Io be presented to the Owner at the completion of the iob 12. Plumbing Installation to comply with State and Local codes and the sewage disposal system to meet Health Department standards 14. All work to conform to the rules and regulabons of the New York Eneq]y Conservation Construction Code. All glazed area to be double 15. The Insulation protection as indicated on these plans exceeds shall remain the property of the Engineer w~ether the project for (=9 Z EXISTING WINDOWS EXISTING TRUSS EXISTING TRUSS LU 3ERVING I EXISTING TRUSS EXISTING TRUSS EXISTING RE'] AND TASTING ROOM TO REMAIN ~ EXISTING TRUSS (2290 SQ. FT.) --03 LLI EXISTING EXISTING HDR. I _~-~-~-~-~-~-~-~-~,% i PROPOSED 4 2'6" X 6'0" i i ,,,,~'~ LOW E TEMPERED GLASS · -~ ~' 5-2X4 POST TO FND, ~ ~,I ~.PROPOSED 10" DIA l,-,,~,~,t~,, FII ii. LQ '~ BL IFND. SERVING COLUM PROPOSED BI BL IF:ND PROPOSED DOOR WITH HARDWARE o~ uJ 5-2X4 POST ,, 2-30 STAIRS BELOW ......... 5-2X4 POST TO FND.~~ PROPOSED STEPS AND RAIL PER CODE ~) 10" DIA F'ND AIR RETURN -~ 3'0" t ] 7%~ 1 EXISTING ELE PNL L ........ J I I REATIL AREA TASTING ROOM RENOVATION (1144 SQ. FT.) EXISTING~ A/C COMFr RELOCATED HVAC UNITS PROPOSED CONDITIONS EXISTING AREA = 2070 SQ. FT. PROPOSED ADDITION = 1134 SQ. FT. ENGINEER: JEFFREY T. BUTLER P,E. O 0 Z ~ ~ 0 O Z O o PAGE: 2of2