HomeMy WebLinkAbout1000-75.-1-21DRAFT
Memorandum
To: Ruth Oliva, Chairwoman, Zoning Board of Appeals
From: Jerilyn B. Woodhouse, Chairwoman
Re: Petition of Koehler at Osprey Dominion Winery
Date: January 18, 2005
The proposal before the Zoning Board of Appeals is to add an art gallery use in a separate
structure on what presently is a separate 1.3 acre lot adjacent to the site of the above-
noted winery.
The art gallery use is not a permitted principal use in the Agricultural Conservation (A-C)
zoning district. Therefore the petitioner proposes to merge the subject property with the
property on which the winery and vineyard are located, thereby making the proposed art
gallery an accessory use to the principal use of a winery, albeit in the front yard.
Accessory uses are not permitted to be located within the front yard.
In the A-C zoning district, the Town of Southold permits agricultural farm operations to
construct a retail sales outlet on the property. Typically these outlets are farm stands.
Most are a thousand square feet or less in area.
For more than a decade, the Town has allowed vineyard owners the ability to construct
larger retail outlets, known as wineries, provided they were located on property of which
ten or more acres (other than the land devoted to the winery building) were under active
cultivation. Section 100-31 A. (4).
In addition, a winery is allowed an accessory use, defined as follows: "an accessory gift
shop on the premises which may sell items accessory to wine, such as corkscrews, wine
glasses, decanters, items for the storage and display of wine, books on winemaking and
the region and nonspecific items bearing the insignia of the winery. Wineries may not
have a commercial kitchen as an accessory use but may have a noncommercial kitchen
facility for private yse by the employees." Section 100-31 C (10).
The petitioner is proposing an accessory use that is not permitted within the A-C zoning
district. The purpose of the A-C zoning district is clearly set forth: "to reasonably
control and, to the extent possible, prevent the unnecessary loss of those currently open
lands with the town containing large and contiguous areas of prime agricultural soils
which are the basis for a significant portion of the town's economy ..." Section 100-30.
In keeping with this statement of purpose, the Town permits only four types of land uses
within this district: agricultural operations, wineries, residences and governmental uses
(e.g. Town, school, park and fire districts). The permitted accessory uses relate to the
permitted principal uses.
The petitioner desires to construct a one-story (8,000 square foot) building with a full
basement, for a total of 16,000 square feet of gross floor area. Thirty-eight parking
spaces are proposed to service this structure. To quote the material submitted with the
petition: the concept is "To develop a unique, multi-purpose creative arts center on
Osprey's Dominion as an extension of their current business (emphasis added) and as an
outlet for education opportunities. The building will house interrelated creative businesses
(emphasis added) as well as providing a platform for cultural events, including by not
limited to, a Fine Art Gallery, high end custom picture Framing Shop, and a North Fork
Arts Center which will offer art workshops, spirituality sessions, creative writing
seminars, live music, plus other aesthetic attractions." The concept paper goes on to say
"By locating this structure and arts center on the grounds of the Osprey vineyards, a
marketing synergy will result, increasing the effectiveness of each other's promotional
efforts and advertising dollars." Finally, the petitioner anticipates the leasing of part of
this site to an education institution.
The Planning Board notes that the proposed set of uses is permitted by right in other
zoning districts within the Town. Additionally, the creation of an educational institution
within the A-C district requires a Special Exception and a minimum of five acres of land.
The Board also notes that nothing in this proposal is "accessory" in nature, scope or size.
The existing winery operation is located on approximately 4.46 acres of land. The
remaining 46.36 acres has been preserved through the sale of development rights. The
entire winery operation consists of three free-standing buildings, two of them on the 4.46
acre parcel, the third located within the preserved land. The first two buildings consist of
a retail sales office and conservatory (3,145 square feet) along with 41 parking spaces
and a production and storage building (6,343 square feet). The third structure, on
preserved land, contains 8,000 square foot of storage. Of the total existing square footage
at this vineyard and winery, approximately 18% is devoted to the retail and tasting room.
The proposed "accessory" structure (8,000 square feet and 38 parking spaces) is larger
than the principal use, both in size (more than double) and proposed intensity of use.
Finally, the Board notes that while many wineries host live music events, art showings,
and even catered events within their existing retail/tasting rooms, these activities have
been tolerated as ancillary activities to facilitate the primary activity of growing grapes
and processing wines. If this petitioner's request is granted, this proposal would create a
precedent that would have the end result of requiring the Town to allow every single
agricultural operation, not just its nearly twenty wineries, to construct equivalent
stntctures and uses on land intended to be reserved for agricultural uses. A decision of
this magnitude is properly a matter for the Town Board to consider, particularly given its
stated intention of preserving agricultural land from conversion to non-agricultural uses.
Office Location:
Town Annex/First Floor, Norlh Fork Bank
54375 Main Road (at Youngs Avenue)
Southold, NY 11971
Mailing Address: lA ~
53095 Main Road ~'
P.O. Box 1179 S-,
Southold, NY 11971-0959
http://southoldtown.north fork.net
BOARD OF APPEALS
TOWN OF SOUTHOLD
Tel. (631) 765-1809 Fax (631) 765-9064
TOWN MEMO
TO:
FROM:
DATE:
Planning Board
.~,,
Ruth D. Oliva, Chairwoman, Zoning Board of Appeals
January 5, 2005
SUBJECT: Coordination for Reply/Comments
/
The ZBA is reviewing the following application for an advertised .anuary 20, 2005 public
hearing. Enclosed are copies of the Building Department's Notice of Disapproval and
ZB application with map: The 'Planning Board ma,/be involved-regardin~l"a proposed
acces~0ry building t0 5'e used as an art gallery in c°njunction With the e~is~ing winery
uses under the zoning regulations, and your comments are requested at this time.
The file is available for review of additional documentation at your convenience.
NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER
ZONE DATE DATE
STAMPED
KOEHLER, 75-1-20.1 5643 11117/04 100-31C Survey Stanley
OSPREY
20.2,
21
proposed art rev. Isaksen, L.S.
!2,ti} ,~/e3/gallery in 11/8/01
DOMINION
WINERY conjunction with .
winery uses.
Your comments are appreciated by January 14, 2005.
Thank you.
FORM NO. 3
NOTICE OF DISAPPROVAL
NOV 2 ~ 200~
DATE: March 19, 2003
AMENDED & RENEWED: November 17, 2004
TO: Grammas Construction A/C Bud Realty/Koehler
374 Fulton Street
Farmingdale, NY 11735-7405
Please take notice that your application dated March 18, 2003
For permit to construct an accessory "art gallery" building on an existing winery property at
Location of property: 44255 Main Road, Peconic, NY
County Tax Map No. 1000 - Section 7--5 Block_l Lot 20.2 & 20.1
Is returned herewith and ' ~ '
d~sapproved on the following grounds:
The proposed~onstm~ais-not permitted pursuant to Article tli, Section 1:00~3 ITC,
"Accessory Uses."
An "art gallery" is not a permitted accessory use.
Furthermore, the proposed construction is not permitted pursuant to 100-33, which states,
"In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200
and R-400 Districts, accessory buildings and structures or other accessory uses shall be located
in the required rear yard..."
The building is noted as being in the front yard.
This notice of disapproval is written based on information from the applicant, that he intends to merge
the two properties together.
This notice of disapproval was amended on November 17~ 2004, after the applicant decided to
mer~e the two oarcels refextnced above.
Damon Pet~f Rallls, Permt'qI'~xaminer
Note to Applicant: Any change or deviation to the above referenced application, may require
further r6view by the Southold Town Building Department.
CC: file, Z.B.A.
FORM NO. 3
NOTICE OF DISAPPROVAL
TO:
Grammas Consultants A/C Bud Realty/Koehler
374 FultonStreet
Farmingdale, NY 11735-7405
DATE: March 19, 2003
Please take notice that your application dated March 18, 2003
For permit for construction of an art gallery at
Location of property 44255 Main Road, Peconic
County Tax Map No. 1000 - Section 75 Blockl Lot 2._[1
Is returned herewith and disapproved on the following grounds:
The proposed use is not permitted pursuant to Article 11I Section 100-31.
Applicant proposes to construct an art gallery for display and sales of artwork on the above
referenced property, measuring 57,983 square feet in the A-C zone.
An art gallery is not a permitted use in the A-C zone.
CC: file, Z.B.A.
APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS
Office Notes:
__ Filed By:
For Office Usa Only
Date Assigqed/Assignment No,
Main Road
Parcel Location: House No44255 Street
SCTM 1000 Section 75 Block 21 Lot(s).__
Hamlet Peconic
Lot Size sq. ft. Zone District A-C
I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR
DATED: 3-19-2003
Applicant/Owner(s): F.W. Koehler and S. I(oehler
Mailing 376 Fulton Sbreet, Farmingdale, NY 11735-3461
Address:
Telephone: 516-420-8875
NOTE: If applicant is not (he ~wner, state if applicon{ is owner*s attorney, agent, architect, builder, con/ran vendee, etc.
Authorized Representative: J. Grammas Grammas Consultants
Address: 374 Fulton S!creet, Farmingdale, NY 11735-3461
Telephone: 516-847-0395
Plea~ apcclfy ~ho you wish corresponeence to be mailed to, from the above listed namgs:
[] Applicant~Owner(s) gt Authorized Representative fl Other:
'WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~ -{ ~ 0.~
FOR:
~ Building Permit
E] Certificate of Occupancy [] Pre-Certificate of Occupancy
13 Change of Use
C1 Permit for As-Built Construction
Other:
Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph
of Zonlng Ordinance by numbers. Do not quote the code.
Article III Section 100~ 31 Subsection
Type of Appeal. An Appeal is made for: [8 A Variance to the Zoning Code or Zoning Map.
[2 A Variance due to lack of access required by New York Town Law-Sectiou 280~A.
[] Interpretation of the Town Code, Article Section
D Reversal or Other
A prior appeal [] has~ has not been made with respect to tiffs properly UNDER Appeal
No. Year
Page 2 of 3 - Appeal ApplicatiOn
Part A: AREA VARIANCE REASON,S [attach extra sheet as needed):
(1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a
detriment fo nearby properties, If granted, because:
(2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the
applicant fo pursue, other than an area variance, because:
(3) The amount of relief requested is not substantial because:
(4) The variance will NOT have an adverse effect or impact on the physical or environmental
conditions In the neighborhood or dlsfri:f because:
(5) Has the variance been self-cr~fed? ( ) Yes, or ( ) No. If not, Is the construction
existing, asbuilf? ( ) Yes, or ( )No.
.............................. .,~,~,.J,.~l.g ;opography aha I~Uilding areas fhaf relate fo
the difficulty In meeting the code requirements: (attach extra.sheet oS needed)
This is the MINIMUM that .~: necessary and adequate, and at the same time preserves and
protects the character of the nelghborhood and the health, safely, and welfare of the
)Cunih/'
heck this box and complete PART B, Questions on next page fo apply..USE VARIANCE
STANDARDS. {Please consult your attorney.) Otherwise, please proceed to the sl.qnafure and
nora area below. ·
Sworn fo before me this
day of .................... 200_.
Signature of Appellant or Authorized Agent
(Agent must submit Authorization from Owner)
(Notary Public)
ZBA App 9/30/02
Page 3 of 3 · Appeal Application
Part B: REASONS FOR USE VARIANCE (if requeste~:
For Each and Every Permitted Use under the Zoning Regulations for the Particular District Where
the Project Is Located (please consult your attorney before completing):
1. Applicant cannot realize a reasonable return tar each and every permitted use under the
zoning regulations for the particular district where the properly ls located, demonstrated by
competent flnanclal evidence. The appticanf CANNa? realize a REASONABLE RETURN because:
(describe on a separate sheet).
2. The alleged hardship relating fo the property Is unique because:
3,, The alleged hardship does not apply to a substantial portion of the dlsfricf or neighborhood
because:
5. The alleged hardship has not been self-created because:
6. This is the minimum relief necessary, while at the some time preserving and protecting the
character of the neighborhood, and the health, safely and welfare of the community. (Please
explain on a separate sheet I! necessary.)
7. The spirit of the ordinance will be observed, public safely and welfare will be secured, and
substantial Justice will be done because: (Please explain on a separate sheet if necessary.]'~lE-' .~,~
L ) ~necK T~IS bOX a~d complete PART A, Queshons on previous page to apply. AREA
VARIANCE STANDARDS. (Please consult your aHorney.) Ofhe~Jse, please procee~ fo ~he
signature and nota~ area below.
SlX'natUre ~f ~ppella~t 'Jr Aufh°riz~dCAgenf
(Agent must submit Authorization from Owner)
No. 01HA81071~0
~ ~ ~4JffO~ C4~Y~i ~)~ ZBA App 9/30/02
"OSPREY'S ART DOMINION"
COMMUNITY ARTS CENTER / ART GALLERY / CUSTOM ~ SHOP
CONCEPT -
To develop a unique, multi-purpose creative arts center on Osprey's Dominion
property as an extension of their c~rreat.~usiness and as an outlet for e~ucational opportunities.
The building will house interrelated creative businesses as well as providing a platform for
cultural events, including but not muted to, a Fmc Art Gallery, high end custom picture Framing
Shop, and a North Fork Arts Center which will offer art workshops, spirituality sessions, creative
· writing.seminars, live music, plus other aesthetic attractions.
By locating this structure and arts center on the grounds of the Osprey vineyards, a marketing
synergy~will result, increasing the effectiveness of each other's promotional efforts and
advertising dollars. In addition, all facilities will reap the benefits of their close proximity in an
attractive and pastoral environment.
· Cross marketing to wine and art lovers, whom have proven to overlap in many
demographic instances
· Bringing more traffic and buyers to the grounds of the vineyard and vice-versa
· Intertwining weekend art shows, with Wine tastings and musical performances
· Developing and raising and brand name recognition for all entities involved.
Another important aspect integral to the success of this project will be some type of formal
affiliation with a prestigious and growing Long Island_ 99.1k~e=. We ar~ con,sideringalangIs~d
i ms amnation vail allow for student art shows & workshops, academi~ seminars, as well as
provide a venue for indoor and outdoor musical concerts and ensembles. The exposure and '
publicity opportunities this affiliation will create for the VineYard, the North Fork Ait Center and
the participating College will be advantageous to all participants.
LOCATION -
This creative arts center will be located on the grounds of Osprey's DOminion
vineyards, approximately 100 yards from the tasting room, with road frontage on Route 25A
(Main Sixeet ) peoonic, New York. This new facility will be COlmeote~l to the existing tasting
room by a stamped, colored concrete path and Belgium block edging. Additionally, strategic
placement of outdoor sculptures by Long Island artists will provide further enhancement for
the area.
Arrangements and opportunities will be made available to local North Fork landscape design
firms to have these "connecting" grounds become a showcase for their talents and creativity.
Several landscapers will be selected, each to be responsible for an outdoor section of the project,
which in turn will be identified by signage for consumer selection.
It should be noted that this project will be designed in all its aspects to appeal to a cultured,
discriminating, and upscale cl!entele.
FACILITIES / BUILDING
The entire facility, the existing two buildings ( Winery and Tasting Room)
as well as the new building, will strive to maintain the character and 'feel' of the North Fork --
agrarian and bucolic. Certainly, the charm of it being part of a working vineyard is to be
exploited overall.
Basically, the building itself will consist of two separate levels, each with non-competing but
interrelated product and/or service offerings. These are as follows:
la) Main Level - 3,200 square foot Community Arts Center, for workshops, seminars, classes
and music. Also, a dividable sub-section will be available for both ad hoc activities, or for long-
term lease. A Long Island College has been singled out as a possible long term lessee for this
airy and creative environment to be used in conjunction with its Music & Art Programs.
(see page 3.)
Discussions are currently underway with this prestigious College and they will be named as soon
as an mutually beneficial agreement is solidified.
lb) Main Level - 1200 square foot Art Gallery showing works of mostly established artists. A
well known Gallery Owner/Designer, Josh Miller has agreed to develop the design and layout
of the gallery, which features wood plank floors, evocative colors and the last word in gallery
lighting and hanging systems.
2) Lower Level - 1,500 square foot Custom Framing Shop; located towards the lower rear of the
building. In addition to state of the art equipment and computerized. Mat cutters, it will also
feature a viewing window, allowing gallery visitors on the rn~n leve! to see ~h~ craft~m~hip
The building can best be described as ergonomically artistic, and in addition to large expanses of
glass for natural light, it should feature the following physical characteristics:
· A front and side porch, with Wooden Rocking chairs
· Decks on the upper level, facing both north and west
· A Cimular wooden fireplace in the upper mezzanine area, as well as two wood burning
stoves within the gallery
· A wooden atrium, centrally located midway between the tasting room and Gallery.
· Gravel Parking areas, rather than concrete or asphalt
· "Picnic Zone" and Sculpture Garden between the Gallery and Tasting room
It is important to point Out that for optimum roadside impact all buildings on the grounds of the
facility should be recovered with the same facade and siding, preferably wooden natural cedar
shakes.
- It is imperative that asprospective visitors/customers realize that the existing tasting room,
existing winery building, and new Community Arts Center are one in the same - and by
parking once - a full wine~ art~ sculpture~ music and learning experience can be realized.
Also, by combining these seyeral unique and aesthetic disciplines under one roof, so to speak,
each different owner/manager/participant will enjoy greater retail benefits and an enhanced
consumer image than from a stand-alone effort.
AFFILIATION WITH A MAJOR ARTS AND MUSIC COLLEGE
As previously mentioned, it is proposed that an Arts College become a major part of this center
through the leasing ora portion of the first floor area area. A lease arrangement can be worked
out for this space, either for thc entire year, or a scheduled arrangement negotiated for a
percentage of'use, with the lease price prorated by that schedule. -~
Ideally, it would be beneficial and more focused if the College decided to enter into a long term
formal lease agreement basically making this building a "Satellite" annex, as pm of the planned
expansion to the existing campus. This satellite will be dedicated to the music and arts programs
at the college, and coordinated with current or developing curriculum.
The remaining time would be made available to any outside entities, for parties, gatherings,
corporate outings, and private workshops.
PARTICIPANTS
Bud Koehler- Owner of Osprey's Dominion Vineyards and Koehler Construction
(Bud will build and own the building.)
Tom Stephenson - Manager, Ospre~i Dominion Vineyards
Dr. Maureen Carey - Artist; Spiritaality Workshops; ( resume attach, ed )
Craig Haa~en _. Vice President 0f O~a Ma, h41n~_ a_ Whn oW..~i,, plefil,.,, ~,,,,. ,,,~,,_!a~g
Company With 20 years experience in the Fin~Art and Framing industry.
Bryan Hansen -- Framing Shop owner/manager, 25 years framing experience
Arnold Hansen - Co-nwner of the Viking Gallery; freelance writer; retired Advertising
Creative Director; Creative Writing Instructor
Josh Miller - Fine Art Gallery Designer
.Additionally, there are over 25 creative and well known artists whom have expressed an interest
m w.orking with the new gallery, participating in shows, and displaying their works on a
consignment basis. They include:
Dr. Maureen Carey
Albert Miglio
Jacqueline Penney
Wendy Csoka
Charles Wildbank
Apo Torosyan
Pamela Dulong Williams
Since tastes in original paintings vary widely and cyclically, ihese mists can be changed to
conform to consumer preferences and sales patterns. However, all of the gallery offerings will
feature prominently in establishing a fine reputation for this Community Arts Center.
-4-
SUMMARY -
At this point, without going intq furth,~, detailed specifics of the project, a brief
review ofth~ unique Ospre¥'s Art Dominion center would seem to be expedient. "~.
It all begins with a recognized, established vineyard on the beautifully pastoral North Fork of
Long Island. To this existing landscape, a new two-level, aesthetically functional building will
be added. It will house several interrelated retail businesses, and provide facilities for both
educational and civic pursuits - all artistic and otherwise creative in nature. Both the original
structures and the one to be erected will be interconnected in park like surroundings, thereby
encouraging consumers to enjoy all of the Center's offerings.
On the human side of things, there are many people (some are listed herein) who feel a kinship
for this 9oncept. Not only can they visualize its viability, but in addition, they have the expertise
to make the dream a reality. Of course, all of us know that altruism is not much of a motivating
force in this day and age, and that profits rule in the consideration of any business venture.
Yet upon reflection, there somehoW seems to be room for both in this artful project.
TARGET DATE
Grand Opening Memorial Day Weekend
CC:
Bud Koehler Osprey's Dominion Vineyard / Koehler Constmction
Tom Stephenson- Osprey's Dominion
Dr. Maureen Carey-
Bryan Hansen
Craig Hansen - Vice President Omega Moulding
David Merzin - President Omega Moulding
November 10th, 2004
Craig A. Hansen
Cell 516-607-7339
PROJECT DESCRIPTION
(Please include with Z.B.A, Application)
Applicant(s):
~.W. Koehler, Jr.
If building is existing and alterations/additions/renovations are proposed:
A. Please give the dimensions and evfirall square footage of extensions beyond existin~ building:
Dimensions/size: N/A
Square footage: N/A
B. Please give the dimensions and square footage of new proposed foUndation areas which do not
extend beyond the existing building:
Dimensions/size: N/A
SqUare footage: N/A
HI.
If land is vacant:
Please give dimensions and overall square footage of new construction:
Dimension/size: W=iO0' D= 40 +
Square footage:__.~:(l~l~,'r
Height: 22ft. To Ridge
Purpose and use of new construction requested in this ~pplication:
IV. Additional infmtnation about the surrounding contours or nearby buildings that relate to the difficulty
in meeting the code requirement(s):
None
V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. -
7/02
]~Iease note' Further chal~ge& after submitting the above information, must be ,vlaced in writing and may
require a nm4~ Not/ce of Di~aflproval to show changes to the in/tial filanx If additional time i.r needed,
fllease contact otxr office, or,please checJc with Building Department (765-]802) or At,peals Department
(765-]809) (f you are not sure. Than/¢ you.
'/
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TOTAL
5TAI I ~ ~,
~)LASER FICHE FORM
Planning Board Site Plans and Amended Site Plans
SPFile Type:
Project Type: Site Plans
Status: Incomplete Application - In Active
SCTM #: 1000- 75.-1-21
Project Name: Osprey's Dominion Art Gallery
Address: 44255 NYS Rt. 25, Peconic
Hamlet: Peconic
Applicant Name: Frederick Koehler
Owner Name: Koehler, Frederick
Zone 1:
Approval Date: /~'c~
OPTIONAL ADDITIONAL INFORMATION
A date indicates that we have received the related information
End SP Date:
Zone 2: Zone 3:
Location:
SC Filin.q Date:
C and R's:
Home Assoc:
R and M ARreement:
SCAN Date:
SCANNED
JUN -" 2009
Records Management