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HomeMy WebLinkAbout6308 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold. NY 11971-0959 http://southoldtown.north fork .net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED ~ 1 2010 FiNDINGS, DELIBERATIONS AND DETERMINATION ,.,.. . MEETING OF DECEMBER 29, 2009 ~~.~ ZBA File #6308 - Shinn Vineyards LLC / Barbara Shinn, Applicant Property Location: 2000 Oregon Road, Mattituck CTM 1000-100-04-3.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 18, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. PROPERTY FACTS/DESCRIPTION: The applicant's property is a conforming lot in the AC district which consists of 21 + acres, of which 20+ acres (CTM # 1000-100-04-3.2) are subject to a Town of Southold Development Rights Easement sold to the Town in 2000 for purposes of agricultural preservation. The remaining 1.219 acres of the property that is not subject to the Town's Easement has 142.98 foot frontage along the south side of Oregon Road in Mattituck, and is shown as 53,078 square feet or 1.219 acres on the survey prepared by John C. Ehlers, L.S. dated 6-16-03 (Final 04-23- 07). The property is improved with a two story frame dwelling, a frame barn, a frame shed and two (2) one story frame buildings. To the west and south are 20+ acres of farmland planted in grape vines which the applicants own subject to a Town of Southold Development Rights Easement which they sold to the Town in 2000. BASIS OF APPLICATION: Request for Variances from Town Code Chapter 277-3(B)(1), based on the Building Inspector's April 8, 2009 Notice of Disapproval stating that the proposed small wind energy system is not meeting the code requirement for a minimum distance from a property line, total height of the small wind energy system plus I0 feet, except that it shall be set back at least 300 feet from a property line bordering an existing residential structure. LWRP DETERMINATION: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. Page 2- December 29, 2009 ZBA File#6308 - Shinn Vineyards LLC CTM: 1000-100-4-3.1 at 2000 Oregon Rd., Mattituck RELIEF REQUESTED: The applicant proposes to erect a small wind energy system (turbine) at 120 ft. high with an 8' x 8 ft. tripod base to be located 136.5 feet from the applicant's easterly property line that adjoins a lot identified as CTM# 1000-100-4-4 containing a residential structure ADDITIONAL INFORMATION: Comments from the Planning Board were received in a letter to the ZBA dated August 24, 2009, stating that the applicants are currently undergoing site plan review and that over time, the uses on their site have grown from the original farmhouse and agricultural buildings to a farmhouse with a bed and breakfast with four guest rooms, a winery, and retail wine tasting room open to the public, and large events involving I00+ people. The Planning Board expressed concern about the number of uses and public safety on the applicants' 53,078 S.F. lot (the "residual" portion of their property that is not subject to Covenants and Restrictions related to the sale of development rights to the Town). Moreover, they noted that the main public parking area currently shown on the Planning Board's site plan is not legally available for that purpose, because it is located on the protected farmland within the Town's easement, and will have to be re-located to the applicant's 53,078 S.F. residential lot. The Planning Board has recommended that the proposed wind turbine be re-located to some area other than the area currently undergoing site plan review "to protect public safety on a crowded site where site circulation and parking are already substandard" and "to avoid reducing the applicants' options to successfully complete the site plan application." In a letter dated September 30, 2009, the Southold Town Land Preservation Committee, in accordance with Section 70-5 (C) of the Town Code, has granted approval to the applicants to locate a wind turbine within the Town's easement area, should the Zoning Board of Appeals deny the applicants' request for a variance. A discussion between the Board and the applicants regarding alternative relief took place at the public hearing but was inconclusive. Shinn Vineyards has been awarded a $23,375 USDA Rural Development Agency grant to offset the costs of constructing a small wind energy system (wind turbine) on their property, as confirmed by the USDA in their News Release received by the ZBA on November 5, 2009 FINDINGS OF FACT/REASONS FOR BOARD ACTION The Zoning Board of Appeals held a public hearing on this application on August 27, 2009 and re- opened the public hearing, at the request of the applicant, on October 29, 2009, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: I. VARIANCE RELIEF REQUESTED 1. Town Law §267-b(3)(b)(3)(1). Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A). There are currently no other wind turbines in the neighborhood. However the Town has endorsed the use of alternative energy, in this instance, wind energy. The Town Land Page 3- December 29, 2009 ZBA File#6308 - Shinn Vineyards LLC CTM: 1000-1004-3.1 at 2000 Oregon Rd., Mattituck Preservation Committee has furthermore acknowledged that wind turbines, as agricultural structures, will primarily be utilized to enhance the agricultural use of the property. The surrounding neighborhood is zoned AC, and as such, wind turbines are in keeping with the general rural character of the area and the policies of the Town. (B). No evidence has been submitted that constructing a wind turbine at the proposed location will be a detriment to nearby properties or that protection of nearby residential structures will be diminished by placing a wind turbine in the proposed location. Testimony by a representative from Green Logic Energy supported the applicants' assurances regarding the safety of the proposed wind turbine regarding the possibility of collapse in high wind situations. Also relevant to safety concerns is the fact that the dwelling on the adjoining property is located more than 420 feet from the proposed wind turbine. 2. Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some other method feasible for the applicant to pursue, other than the variance requested. The Land Preservation Committee has determined that the proposed wind energy structure can be placed on the preserved farmland property in a location that would not require removing any vines from production, and that would be code compliant. 3. Town Law §267-b(3)(b)(3). The variance requested herein is substantial. The Code requires a set back of at least 300 feet from a property line bordering an existing residential structure, while the applicants' propose a set back of 136.5 feet which would require a 54.5% variance. 4. Town Law §267-b(3)(b)(5). The difficulty has been selfoereated. The applicants' request to erect a wind turbine was made after the enactment of the Town code provision from which relief is sought, and because the applicant's applied for and received a grant from the USDA to construct a small wind energy system in a proposed non-conforming location before obtaining relief for said location from the ZBA. 5. Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The subject property is flat, there are no naturally regulated features on site or nearby, and there are no drainage or runoff issues associated with wind turbines. 6. It is also noted that the applicants sold the development rights to all but 53,078 S.F. of their property and have chosen to maximize the use of their residual property with a bed and breakfast, single family home, wine tasting room, wine storage and various other barns, as well as holding sizeable special events on the property that limit the placement of the wind energy structure within the 53,078 S.F. area. (See ADDITIONAL INFORMATION, above) The Board finds, upon applying the balancing test, that the detriment to the character of the neighborhood and the health, safety and welfare of the community outweighs the potential benefit to the applicant as applied for. Page 4- December 29, 2009 ZBA File#6308 - Shinn Vineyards LLC CTM: 1000-100-4-3.1 at 2000 Oregon Rd,, Mattituck RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Schneider, and duly carried, to DENY the variance as applied for Vote of the Board: Ayes: Members Goehringer, Weisman, Schneider. Members Simon and Homing were absent. This resolution was duly adopted (3-0). II. ALTERNATIVE RELIEF 1. Town Law §267-b(3)(b)(3)(1). Grant of Alternative relief will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. A). There are currently no other wind turbines in the neighborhood. However the Town has endorsed the use of alternative energy, in this instance, wind energy. The Town Land Preservation Committee has furthermore acknowledged that wind turbines, as agricultural structures, will primarily be utilized to enhance the agricultural use of the property. The surrounding neighborhood is zoned AC, and as such, wind turbines are in keeping with the general rural character of the area and the policies of the Town. (B). No evidence has been submitted that constructing a wind turbine at the proposed location will be a detriment to nearby properties. Safety concems regarding the possibility of collapse in high wind situations were adequately addressed in a public hearing by a representative from Green Logic Energy. Alternative relief will increase the setback from the base of the proposed wind turbine and the applicants' easterly property line from 136.5 ft. as proposed to 150.5 ft. +/- 2 feet at the closest point, and correspondingly increase the 420-foot distance between the wind turbine and the neighboring residence by approximately 15 feet, which further reduces the possible risk to neighbors. 2.Town Law §267-b(3)(b)(2). The benefit sought by the applicant can be achieved by some method other than the variance as requested, but not without considerable additional expense. Although the applicant's have permission from the Land Preservation Committee to locate a proposed wind turbine on the Town's development right easement where no variance relief would be needed, the applicants' have testified that the approved location would be economically unfeasible because it would involve additional costs as a result of further trenching and a longer and more expensive run of wire. While the Board acknowledges that the increase in cost of erecting the wind turbine in the conforming location approved by Land Preservation is immaterial to this consideration, the Board is sympathetic to the applicants' argument and is granting alternative relief to alleviate this burden on the applicants. 3.Town Law §267-b(3)(b)(3). The variance requested herein is substantial. Alternative relief that brings the setback into greater conformity with the code by increasing the setback from the base of the proposed wind turbine and the applicants' easterly property line from 136.5 ft. as proposed to 150.5 ft. +/- 2 feet at the closest point will reduce the percentage of the variance from 54.5% to 49.8%. The Page 5- December 29, 2009 ZBA Fi1¢#6308- Shinn Vineyards LLC CTM: 1000-100-4-3.1 at 2000 Oregon Rd., Mattituck impact of this variance would be less substantial when considering the fact that the dwelling on the adjoining property, which is also a farm, will be located approximately 430 feet from the proposed wind turbine. 4.Town Law §267-b(3)(b)(5). The difficulty has been self-created in that the applicants' request to erect a wind turbine, as proposed, was made after the enactment of the Town code provision from which relief is sought. The difficulty itself is mitigated by the fact that alternative relief for the proposed construction will be in an area from which development rights have been sold to the Town. 5.Town Law §267-b(3)(b)(4). No evidence has been submitted to suggest that a variance in this residential community will have an adverse impact on the physical or environmental conditions in the neighborhood. The subject property is flat, there are no naturally regulated features on site or nearby, and there are no drainage or runoff issues associated with wind turbines. 6.The alternative relief granted herein is consistent with the recommendation of the Town Planning Board that the wind turbine be re-located from the applicants' residential lot, based on Planning Board's concems about public safety on a crowded site where site circulation and parking are already substandard. (See ADDITIONAL INFORMATION, above) The Board finds, upon applying the balancing test, that the benefit to the applicant of alternative relief outweighs the potential detriment to the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Weisman, seconded by Member Schneider, and duly carried, to GRANT ALTERNATIVE RELIEF as follows: A 120 foot high small wind energy system (wind turbine) may be set back from the applicant's easterly property line at no less than 150.5 feet +/- 2 feet, located on the Town's easement to the west of the applicants' residential property line, in a location that is not currently planted with vines. Conditions: 1. Approval must be obtained by the applicants' from the Land Preservation Committee, for a proposed alternative location as granted herein, and submitted in writing to the Board of Appeals and the Planning Board. 2. A final survey from a licensed surveyor must be submitted to the Land Preservation Committee, Zoning Board of Appeals, and Planning Board, showing the exact LPC and ZBA approved location of the base of the proposed wind turbine, the setback distance from the easterly properly line, and the setback from the existing frame barn on the applicant's property. Page 6- December 29, 2009 ZBA File#6308 - Shinn Vineyards LLC CTM: 1000-100-4-3.1 at 2000 Oregon Rd., Mattituck 3. No certificate of occupancy for a wind turbine in the alternate location as granted herein and approved by the LPC shall be issued until the Planning Board has completed a site plan review of the applicants' 53,078 S.F. residential property and granted approval. Such approval shall be communicated to the ZBA in writing with a copy of the approved site plan. 4. An engineered light that complies with the intent of dark skies principles shall be installed at the top of the wind energy structure to prevent potential navigational hazards to aircraft. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Vote of the Board: Ayes: Members Goehringer, Weisman, Schneider. Members Simon and Homing were absent. This resolution was duly adopted (3-0). Approved for Filing 12D',~/09 RECEIVED Sou~hold To~,a Clef[ BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehfinger George Homing Ken Schneider http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 20, 2010 Ashlee Reiniger, Project Manager Greenlogic Energy 425 County Road 39A Southampton, NY 11968 Re: ZBA File#6308, Shinn Dear Mr. Reiniger: Please be advised that on August 18, 2010 the Zoning Board of Appeals voted by Resolution to accept, in fulfillment of the condition required in the above referenced appeal, the proposed lights for the Shinn wind turbine as described in your letter dated July 25, 2010, with the attached specifications sheet. A copy of this decision will be provided to the Building Department along with your letter and specification sheet, so that you may proceed with your project. If you have any questions, please contact the office. Sincerely, Vicki Toth Board Assistant Cc: Building Dept. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio Gerard P. Goehfinger George Horeing Ken Schneider http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road ° P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 August 10, 2010 Ashlee Reiniger, Project Manager Greenlogic Energy 425 County Road 39A Southampton, NY 11968 Re: ZBA File#6308, Shinn Dear Mr. Reiniger: Please be advised that the Zoning Board of Appeals is in receipt of your letter dated July 25, 2010, with an attached specifications sheet for proposed lighting on top of the Shinn wind turbine, required as a condition in the above referenced appeal. Also attached is a letter from Kenneth G. Craig, PE. The Chairperson has placed this matter on the agenda for the next Special Meeting of the Board on August 18, 2010. As soon as the Board has reviewed your documentation, you will be advised of their decision. If you have any questions, please contact the office. Sincerely, Vicki Toth Board Assistant GREENLOGIC® ENERGY July 25, 2010 Board of Appeals Town of Southold 54375 Main Road P.O. Box 1179 Southold, NY 1:1971 I~,ECE~.V~-D BOAI~,D OF APPEALS Dear Members of the Board of Appeals: This letter is written in reference to ZBA Decision#6308 dated December 29, 2009 specifically #4 of the conditions, which state a that a light must be installed on the top of the Shinn Vineyard Wind Turbine so that is dark sky compliant and provide warning to small aircrafts to and from Mattituck Airport. The requirement that this light must comply with the intent of the dark skies principle is difficult at best as there are no available dark sky lights for this application, and in my professional opinion this requirement will impede the intended goal of providing navigational assistance to Aircrafts. The alternative I have found and would comfortable installing is two FAA compliant lights on opposite sides of the tower (at 0 and :180 degrees) at the highest point of the tower. I have provided in this packet the specifications sheet for the lights I would like to use. As you can see they can be manipulated to reduce the intensity or candela. I have also provided a letter from the manufacture stating that a light at the top of the turbine will compromise its strength. Please let me know as soon as possible if I can pro,ceed with the design, engineering and installation of the AV60 lights. Please feel free to contact me to discuss this issue. Sincerely, ~ ~ Ashlee W. Reinige~-t~ ~ Senior Project Manager GreenLogic LLC 631-771-5152 ext. 106 631-335-9363 ashlee@greenlogic.com GREE NLOGIC, LLC · www Greer~Loglc corn SOUTHAMPTON/CORPORATE: 425 Cou~/ty Rd 39A Southampton, NY 11968 Tel 631771.5152 CUTCHOGUE: 1070 Depot Lane Cutchogue, NY 11935 TeL: 631 765.0404 MANORVILLE: 40 Woodland Avenue Manorville. NY 11949 Tel: 631.830 0102 FIRE iSLAND: 125 Duneway Seaview, NY 11770 Tel: 631741.6400 ROSLYN HEIGHTS: 200 S Service Rd, itl08 Rosyln Heights, NY 11577 Tel: 5166256880 The AV60 solar LED light provides in excess of 5km visible range (fJashlng), and is suitable for a variety of applications including taxiway, general hazard, barricade and Iow-intensity obstruction lighting, Designed to be maintenance-free and have a service lite of up to ] 2 years, the popuJa~ AV60 model boasts user-adjustable intensiW se~ings and can be set onsife to effher steady~n or flashing operation The light is simply switched 'ON', aha the unit is ready for immediate operation Once installed, the AV60 requires no operator intervention The Jn~ernai SoJa~ module charges the battery during daylight hours, and at dusk the light will automafioaJly begin operation once the ambient light threshold drops su~oiently. The baffew is housed iR a sealed oompa~ment allowing it fo be changed aHer years of service, Coupled with Jhe latest LED teohnolog~ and a highly e~oient DC/DC converter, the light may provide over 40 days of continuous operation without sunlight. The AV60 Comes with Several thousand AV60 units are installed throughout Asia, Africa and the Middle East to Optional Harcwire Synchronisafion This light, which includes a 1 -metre pigtail wire, features propdetaw high pedormance damaged, the other lights will select a 'master' and continue flashing in sequence, If the wiring is damoged, all lights continue to operate independently, www. aviite,com AVLITE SYSTEMS SPECIFICATIONS * AV60 1 Vertical Divergence (degrees) L}Js~a 2200 Industrial Blvd. Norman, OK 73069 USA T: 405-364-4212 F: 405-364-2078 e-mail: kencraie~bergey.com web: www.berge¥.com 15 July 2010 To Whom it May Concern, We believe the arbitrary requirement for an obstruction light for the top of the Bergey 10 kW wind turbine at Shinn Vineyards is not justified and will present a hardship on the owner. The Federal Aviation Administration (FAA) has jurisdiction on airspace and their applicable document (FAA AC70/7460-1K OBSTRUCTION MARKING AND LIGHTING) does not require such lighting for towers under 200 ft. unless they are within prescribed distances from an active runway. These prescribed distances relate to slopes from the edge of active runways and the length of the runway. The Mattituck Airport has a 2200 fi. runway so the operative slope is 50:1. Shinn estate Vineyards is ~ 8,500 ft from the closest extension of the runway so the FAA light requirements would apply to structures over 170 ft. The highest extension of the Shinn turbine is 132 ft. Our own experience with over 6,000 installations over 30 years is that no collisions have occurred. The Bergey Windpower factory and test site is located within 300 yards of an active runway and our four 100- 115 ft towers were not required by the FAA to have lights. Putting a light on top of the turbine has never been done and would be extremely difficult. Power from the alternator is not utility grade, so it cannot be used to power a light, and there are no provisions in the slip- ring assembly to bring utility power up onto the turbineL The wind turbine is free to rotate at the top of the tower to align itself with the wind direction. The alternator output is transmitted from the rotating wind turbine to the stationary tower wiring through a set of three slip-rings. A new slip-ring assembly with three additional rings would have to be designed and built in order to transmit 120 VAC power to the top of the turbine to power a light. And because the slip-ring assembly is below the main support structure the structure would have to be moved up by extending the tower adapter length. This would actually weaken the structure. No Bergey 10 kW turbine has ever been fitted with an obstruction light on top of the turbine and we would ask that this new requirement be reconsidered. Yours truly, Kenneth G. Craig, PE VP, Bergey Windpower Company RECEIVED JUL 8 020tO BOARD OF APPEALS TO: FORM NO. 3 NOTICE OF DISAPPROVAL Shinn Vineyard, LLC 2000 Oregon Road Cutchogue, NY 11935 DATE: April 8, 2009 q'- · ~04RD OFApp~ALS Please take notice that your application dated March 30, 2009 For construction of a wind turbine at Location of property 2000 Oregon Rd., Cutchogue County Tax Map No. 1000 - Section 100 Block 4 Lot 3.~1 Is returned herewith and disapproved on the following grounds: The proposed construction of a wind turbine on this conforming lot in the AC district is not permitted per Article I Chapter 277-3 {B)(1), which states "A small wind energy system shall be set back from a property line a distance of no less than the total height of the small wind energy system plus 10 feet, except that it.shall be set back at least 300 feet from a property line bordering an existing residential structure. Proposed location is 140 +/- feet from the property line of a bordering property with a residential structure. Authorized Signature Cc: file, ZBA Note to Applicant: Any changes or deviations in the above referenced application may require for review by the Town of Southold Building Department. ,I , ~ ,t:1 ~ ~ _ '~~ ;REVIEWED BY ZBA, ~ ~ ~ ~ ~~~'__~~ ~ ~ T~ -I~ JO~ C E~ERS L~ ...... ~ - ~m* ~ m ,~ ~ - ..... S~YOR 6 ~T ~ 8~ N.Y.S. ~C. NO. $~ ~ ~A~ ~ t"= ~' ~,N.Y. 11901 ~6~8 N~'36~ ~.~~8-270~ ~ITUATE. PIATTI'TUC, K TOI, qN: .?:.UFFOLK d, OUN'T"K, N'K. POLF FOUNDATION JUN 3 0 CONC. Lond no~ or Formerly o~: Oo¥ld Poge E~r~ro ~nlnn ond To~n o~ AREA = 5~9~ 5F OR 12lq AC, RE5 ®RAPNIC, cJC, ALE I"= :~0' 53.85' Lond No~ or ~ormerlg o~: .~, ....... ~. t~ ~ H Form5 LLG ........ ~" ..... JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.CADocuments and Settings\Owner~dy Documents~ly Dropbox\90S\90S\98-270a.pro DEPARTMENT OF PLANNING Town of Southold ZBA 53085 Main Road PO Box 1179 Southold, NY 11971 Att: Gerard Goehringer, Chairman COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE May 14, 2009 THOMAS A. ISLES, A.I.C.P DIRECTOROFPLANNING Dear Mr. Goeringer: Pursuant to the requirements of Sections A 14 14-23 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as them appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Hamilton 6299 Ciaglo 6300 Connolly 6301 Chernushka (c/o Amy Martin) 6302 Bloethe 6303 Wenk (c/o Mark Schwatz) 6304 Franke (c/o Amy Martin) 6305 Myers (c/o Peconic Permit Expediting) 6306 Shilm Vineyard, LLC 6308 Severini 6309 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. -4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 LAND PRESERVATION COORDINATOR ~,~ c,~ melissa,spiro@town,southold.ny.us "~,~ ~ ,~0 ~" Telephone (631) 765-5711 Facsimile (631) 765-6640 J ~- J--~--- MELISSA A. SPIRO DEPARTMENT OF LAND PRESERVATION TOWN OF $OUTHOLD September 30, 2009 Mr. David Page & Ms. Barbara Shinn 2000 Oregon Road Mattituck, NY 11952 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (corner of Main Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 RE: SCTM # 1000-100-4-3.2 Shinn Vineyard Property Request for Land Preservation Committee Review of proposed wind turbine on property on which Town owns a development rights easement Dear Mr. Page and Ms. Shinn: The Land Preservation Committee Members, in accordance with Chapter 70 of the Town Code, reviewed the request you outlined at the meeting of the Committee on September 15, 2009, wherein you proposed the construction of a wind turbine on property subject to a development rights easement benefitting the Town of Southold. The recorded easement for this property allows land within the easement to be used for the purpose of agricultural production. Section 70-5 (C) of the Town Code requires that the Committee serve as a review board for the granting of permits for the construction, reconstruction and additions of, and to, structures in, or on, agricultural lands in which the development rights have been acquired by the Town. At the meeting of the Committee on September 29, 2009, the Committee adopted a motion to approve the construction of a wind turbine in the proposed and "preferred third" location as described in enclosed written description submitted to the Committee and as hand drawn on the attached aerial photograph of the property, as applied for. The Committee is permitting this structure within the development rights easement on the condition that it is compatible with the purpose of the development rights easement and subordinate to the agricultural use of the property. Should you utilize the turbine in a manner that differs in any way from that proposed to the Committee, or to site the turbine at a location that differs from that proposed to the Committee, you will be required to obtain additional approval. The Committee's approval does not mean that you can proceed with construction or that such use will be approved or permitted by other Town Departments or agencies. The Committee's approval allows you to proceed with pursuing any applicable approvals that are required by Town Code. Please feel free to call me if you have any questions regarding the above. Sincerely, Melissa Spiro Land Preservation Coordinator enclosures CC: Planning Department w/encs. Building Department w/encs. Zoning Board of Appeals w/encs. Town Attorney w/encs. The BWC Excel wind turbine we are attempting to install on our farm has a footprint of 64 square feet (8' X 8') and stands 120 feet high. It will produce in excess of 14000 kwh of energy output that will power our vineyard irrigation / fertigation system as well as our grape processing operation. This will save us approximately $4000 in energy costs per year at current LIPA rates. Our farmhouse is powered by a 10kw photovoltaic solar system. Our tasting room is on a separate meter. We have identified three options for locating our turbine. The first and best option requires a variance from the Town zoning board of appeals. The ZB^ has been reluctant to grant that variance even though the turbine would be located over 500 feet from the nearest neighbor's home. The second location would require the removal of 276 grape vines, as well as 22 posts and wire. The removal cost would be $1000. Installation of 44 new end posts and anchors would cost $2500. The removal of vines would result in a loss of about 345 bottles of wine per year. At an average cost of $15 per bottle we would lose $5175 in revenue every year. This location would also jeopardize our grant funding, since the USD^ recommends that wind turbines not be located on agriculturally productive land. This scenario would create a losing proposition with a net loss of $1175 per year after the cost of installation. The third location is the one that would require a trench of 1200 feet to a location in a break in the vines towards the middle of our vineyard. This location would require larger cable and additional equipment that would cost $9932 which is a 40% increase in our cost. The efficiency of the turbine would be reduced by 2% because of the long distance from our meter. The payback period would be increased by 2 ~ years. BWC EXCEL Installation Manual. SSV Tower 2. Tower Height The smooth flow of the wind over the land is interrupted by obstructions and topographical variations. These interruptions bring about two important phenomena: wind shear and turbulence. Wind shear describes the fact that close to the ground the wind is slowed by friction and the influence of obstacles. Thus, wind speed is Iow close to the ground and increases with increasing height above the ground. Wind shear is more pronounced over rough terrain and less pronounced over smooth terrain. Turbulence is essentially rough air caused by the wind passing over obstructions such as trees, buildings or terrain features. Turbulent air reduces energy output and puts greater strain on the wind turbine. The effects of both wind shear and turbulence diminish with height and can be largely overcome simply by putting the machine sufficiently high above the ground. This may be accomplished by putting the machine on the highest possible ground and on the highest feasible tower. As a minimum, the machine should be at least 12 m (40 ft) above any obstructions within 100 m (330 ft) in the prevailing wind direction, and preferably in all directions. Even in perfectly fiat areas, we recommend that the tower be at least 24 m(80 ft) high. In areas with trees, please bear in mind that trees grow and the tower height needs to be based on the mature height of trees in the vicinity. Further, because the power in the wind increases as the cube of the wind velocity (P = KV3 means, for example, that doubling the average wind speed increases the energy output by a factor of eight!) a small increase in average wind speed will result in a large increase in long-term energy output. Table 1 shows the influence that tower height can have on annual energy output for the BWC EXCEL wind turbine under typical inland site conditions. Wind speed may increase dramatically with tower height in hilly or wooded areas. Even in fiat open areas, power production will increase significantly with tower height. Tower Hei.qht Wind Speed at Hub Hei.qht Annual Output Meters Feet Meters/Sec. Miles/Hour kWh 18 60 4.8 10.8 11,000 24 80 5.0 11.2 12,200 30 100 5.2 11.6 13,300 37 120 5.3 11.9 14,300 Table 1: Variation in wind speed and expected annual energy output with tower height. Tower height can range from 18 to 43 m (60 to 140 ft), but 30 and 37 m (100 and 120 ft) are the most common heights. For self-supporting towers, the marginal costs increase rapidly with increased height; higher towers do not provide improved system economics. BWC EXCEL Installation Manual. SSV Tower ~ hsIoc( Figure 3. SSV Tower Elevation and Schedule LAND PRESERVATION COORDINATOR melissa, spiro~town.southold.ny.us ~ Telephone (631 ) 765-5711 ~.~ Faeslmile (631) 765-6640 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD OFFICE LOCATION: Town Hall Annex 54375 State Rout~ 25 (comer of Maln Rd & Youngs Ave) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 RECEI'VED January 13,2010 Mr. David Page & Ms. Barbara Shinn 2000 Oregon Road Mattituck, NY 11952 BOARD OF APPEALS Re: SCTM # 1000-1004.-3.2 Shinn Vineyard Property Jan. 5, 2010 request for Land Preservation Committee review of revised location for proposed wind turbine on property on which Town owns a development rights easement Dear Mr. Page and Ms. Shinn: The Land Preservation Committee Members, in accordance with Chapter 70 of the Town Code, reviewed your January 5, 2010 letter in which you note that you received approval from the ZBA to install a wind turbine 150.5+ feet from the nearest property line to the east, and request approval from the Land Preservation Committee for this revised location. The recorded easement for this property allows land within the easement to be used for the purpose of agricultural production. Section 70-5 (C) of the Town Code requires that the Committee serve as a review board for the granting of permits for the construction, reconstruction and additions of, and to, structures in, or on agricultural lands in which the development rights have been acquired by the Town. At the January 12, 2010 meeting of the Committee, the Committee adopted a motion to approve the construction of a wind turbine in the location as described in the December 29, 2009 Zoning Board of Appeals Findings, Deliberations and Determination. The December 29, 2009 Findings, Deliberations and Determination granted alternative relief as follows: "A 120 foot high small wind energy system (wind turbine) may be set back from the applicant's easterly property line at no less than 150.5 feet + 2 feet, located on the Town's easement to the west of the applicants' residential property line, in a location that is not currently planted with vines." The Dec. 29th Findings, Deliberations and Determination contained 4 conditions which are not listed here. The Committee is permitting this structure within the development rights easement on the condition that it is compatible with the purpose of the development rights easement and subordinate to the agricultural use of the property. Should you utilize the turbine in a manner that differs in any way from that proposed to the Committee, or to site the turbine at a location that differs from that proposed to the Committee, you will be required to obtain additional approval. The Committee's approval does not mean that you can proceed with construction or that such use will be approved or permitted by other Town Departments or agencies. The Committee's approval allows you to proceed with pursuing any applicable approvals that are required by Town Code. Please feel free to call me if you have any questions regarding the above. Sincerely, Melissa Spiro Land Preservation Coordinator CC: Planning Department Building Department Zoning Board of Appeals Town Attorney RECE[VED BOARD OF APPEALS PLANNING BOARD MEMBERS MARTIN H. SIDOR KENNETH L. EDWARDS ! ~ ~ ~ GEORGE V. SOLOMO~ ]~ /~2/2]j(ZL~JOSEPH L. TOWNSEND -/'FI/ PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE IX)CATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To~ From: Re~ Memorandum Gerard P. Goehringer, Chairman Zoning Board of Appeals George D. Solomon, Vice-Chairman Planning Board'~"~k Request for comments: Shinn Vineyard, LLC, Wind Turbine SCTM# 1000-100-4-3.1 Appeal #6308 Date: August 24, 2009 The Planning Board has received your request for comments on the application referenced above for a proposed wind turbine and offers the following information and recommendation. This property is currently before the Planning Board with a site plan application. Progress on the site plan application has been slow due to the applicant's decision to appeal the Town's site plan process with New York State Department of Agriculture and Markets (Ag & Markets). Although there have been several letters sent between the Town Attorney and Ag & Markets, no formal ruling has come from Ag & Markets, and the Planning Board, working with the Town Attorney, is continuing to work with the applicant to complete the application. We have enclosed the site plan that is before the Planning Board for your information. Our files show that the uses on site have been incrementally increased over time, and what was once a farmhouse and agricultural buildings is now a farmhouse, a bed & breakfast with four guest rooms, a winery, and a retail wine tasting room open to the public. In addition, we found evidence of large events involving 100+ people being held at the site, as well as an advertisement on the applicant's web site (excerpts attached) where it is stated that up to 70 people can be accommodated for a meal cooked in the kitchen on-site. Shinn Wind Turbine Page Two August 21, 2009 The Planning Board's main concem with this site is public health, safety and welfare. It is open to the public, and actively solicits the public to enter, sometimes in large numbers. The area of the site is about 40,000 s.f. (not including a narrow strip of land that accounts for another 12,500 s.f). This is the area of the applicant's property that is not subject to the sale of development rights (the owner of the property sold the development rights to the Town on the other 21.3 acres in 2000). The main parking area shown on the Planning Board's site plan is not legally available for public parking because it is located on the protected farmland where the town purchased the development rights. This significant problem with the site plan may require that the parking area be re-designed - not an easy task on such an intensely developed site, or that an alternative site for parking be provided. The Planning Board feels that locating this structure within the area that is currently going through site plan review will reduce the options open to the applicant and the Planning Board to successfully complete the site plan application. Another issue is the location of the turbine in relation to the activities on site. Although the height of the tower is unclear - the building permit application states 120 feet in height, as does the brochure submitted, however there is a hand-written note that it will only be 80 feet tall, the proposed location seems ill-advised in that the potential fall-zone includes areas where the public congregates regardless of whether it is 80 feet or 120 feet. Thus, the main concerns the Planning Board has regarding the proposed wind turbine are public safety, and its location on a crowded site where site circulation and parking are already substandard and recommends that the applicant relocate the proposed wind turbine. Atts. Shinn Vineyard (from Google Earth). White lines approximate the area over which development rights are intact. APPLICATION T~I~HE SOUTHOLD TOWN BOARD APPEALS SCTM1000Section/~O Block ~/ Lot(s) ~'-D LotSize 22.~',acr~ Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE, BUILDING INSPECTOR DATED: ~/~/o ~ Applicant/Owner(s): 5/~/~6/ b/~A/~P- ~ /.-L~- ~,¢dg-t~A~A ~'~[NA,/ Mailing Address: 7-0*0 Telephone: {a-) (~ NOTE: In addition to the above please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vende~, etc. and name of person who agent repr~ent$: ~ t~ ?a.t~ 6~ for ( ) Owner, or ( ) Other: Authorized Representative: J Please check box to specify who you wish correspondence to be mailed to, from the above names: .,,l~pplicant/Owner(s) [] Authorized Representative [] Other Name/Address: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED FOR: ~Building Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction E]Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code. k.o~/t" ~Lfl~S Article / Section 280- J-/? ' 3 ubsection Type of A,ppeal. An Appeal is made for: [~A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [] Reversal or Other A prior appea~as' ~as not been made with respect to this property UNDER Appeal No. Year · ' (Please be sure to research before completing this question or call our office to assist you.). NameofApplicant:)~/A//~(/~D0~f CTM# /004~/~ ~-ff ZBAFile# REASONS FOR APPEAL {additional sheets maF be used with preparer's signature}: AREA VARIANCE REASONS: (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: 3 4 rb:o. e de (3) lne amount pi reliei requestea is not sunstantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or .(~o. Are there Covenants and Restrictions concerning this land: .~ No. [] Yes (please furnish copFI. This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box (~f IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIANCE SHEET: Please be sure to consult your a~or~'~.) Signature of Appella~kor~Aruthorized Agent Sworn $9 b,e~ore me this ~6~_ tAgent must submit wriUen Authorization from Owner) ,zo . d Notary Public CONNIE D. BUNCN Notary Public. State of New York No 01BU61850§0 Qualifi~ n Suffolk County , Commission Expires April 14, 20 Id- Application by: Office Notes: Page 3 W Assigned Application No. ~*c~v~.o MAY 0 4 200~ BOARD OF Part B: REASONS FOR USE VARIANCE (if requested): For Each and Every Permlfled 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 for each and every permitted use under the zoning regulations for the particular distrlct where the property Is located, demonstrated by competent financial evidence. The applicant CANNOT realize a REASONABLE RETURN because: (descr!be on a separate sheet). -/-he ~.~ ~C' ~'~c1%~ ~--/-u~,¼~ IL~ ~ /~c~.."~'/o-~ ..~ ¢,'~'~t b~ "h4 ~. ~¥~. ~ld ~;j.; ¢'~,~¥f~.. ~ " '~'~.~.~ ~,t-t 2. The alleged hardship relating to the propedy is unique because: tofoj ~ ~. ' 3. The alleged hardship does not apply to a substantial portion of the district or neighborhood 4. The request will not alter the essential character of the neighborhood because: 5. The alleged hardship has not been self-created because: 6. This is the minimum relief necessary, while of the some time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community, (Please e,p a nonoseparatesheet,necessa . 7. The spirit of the ordinance will be observed, public safety and welfare will be securea, and substantial justice will be done because: (Please explain on a separate sheet if necessary.) ( ) Check this box ancl complete PART A, Questions on previous page to apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to the siqnature and notary area below. (Agent must sub¥flit Authorization from Owner) Sworn to before me this~ '~ (Notary Public) CONNIE D. BUNCH Notmy Public, State of New Yor~ No. 01BU6185050 Qualified n Suffolk County , ~ Commission Exoires ADd ].4, 20 I~... ZBA App 9/30~02 Applicant: I. For Demolition of Existing Building Areas Please describe areas being removed: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) '/~_ ~/*'/ {~ [- ~, Date Prepared: II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: Dimensions of new second floor: I r ~^ ~ Dimensions of floor above second level: /,.,/ ,er Height (from finished ground to top of ridge): / Is basement or lowest floor area being constructed? If yes, please prov/de height (above ground) measured from natural existing grade to first floor: III. Proposed Construction Description .(Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building coverage: Square footage of your lot: / Percentage of coverage of your lot by building area: ~ . y~cPO~l,~<~ V. Purpose of New Construcgou: VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): Please s~'bmit s'e~,~n (7) l~l~otos, labeled to sh~w dfff'er~t an~le's~o~ ])ard areas after s~aking ~or~e['s for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 ~ e,~ '~tx dtT ~' J TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (6~1) 765-9502 SoutholdTown. NorthFork. net PERMIT NO. Approved ,20 Disapproved a/¢ 30 2O09 BLDG. OEPT. TOWN OF SOU~OLO Building Inspector ~PPLICATION FOR BUILDING PERMIT Date ~ '~G INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submRted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. I~UILDI~G PERMIT~LICATION CHECKLIST Do you have or need the following, before applyiv~,? Board of Health 4 sets of Building Plans planning Board approval Survey. ~-~ ~pde Form N.Y.S.D.E.C. Tmst~cs Fl~d Permit Storm-Water Assessment Form Contact: b. Plot plan showiag lneation o f lot and of buildings an premises, relationship to adjoiuiag premises or public streets or~ areas, and waterways. c. The work covered by this application may not be commoneed be fore issuance of Building Permit. pe~~rmit 'nO d. Upon approval of this applic~ion, the Building Inspec~r will issue a Buildin~ Pann~t to thc applicant. Such a ' shall be kept on the premises available for inspection thran~hout ~he work. e. No building sl~ll be occupied or used in whole or in p~ for any purpusc wha~ so ever until the Building Inspector issues a Certificate of Oconpancy. f. Every building permit shall expire if the work suthofized has not commenced within 12 months aRer the date of issum~ce or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in wrinng, the extension of the penuit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Depextmem for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulatious, for the conslxuctlon of builthags, additions, or alterations or for removai or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, bulld~n~ code, housing code, and regulations, and to adm/t authorized inspectors on prem/ses and in bfffldiag for necess~o' inspections. (~g~ature of applicant or ~ ~Ta ~.~rstion) (lCaailing'addmss o[ applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of prumisus (As on the tax roll or latest deed) If applicant is a corporation, sigpature of duly autho~ ; (60 ' ' (Na~e a~d tide ofonrpor~te officer) ff Builders License No. )d~ Plumbers License No. t~/~ Electricians License No. q ~g ~[ - [/'J~/~ . 1. Location of land on which proposed work will~ donei House Number Street Hamlet County Tax Map No. 1000 Seetion 100 Block ~ Lot Subdivision Filed Map No. Lot State existing use and occupancy of premises and intended use and ocoupaney~ of proposed construction: a~ Existing use and occupaney [q~L~_ b. Intended use and occupancy 4. 5. 6. 7. Nature of work (check which applicable): New Building Repair Removal EstlmatedCost {~::~ ~'[; t%f'~ D If dwelling, number of dwelling units If garage, number of cars Addition Alteration Demolition .Other Work ~ta$1 (Description) Fee ~ ~'Rt..~IL~ O~1 ~.j~o be paid on filing this application) J~ Number 6f ~welling itnits on each floor If business, commercial or mixed occupancy, spoeify nature and extent of each type of use. ~ ~ I~ / [4tS'}lK~ ac Dimensions of existing structures, if any: Front ~ Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front ~,,~' Rear Depth Height.~ Number of Stories 8. Dimensions of entire new coustmction: Front /~ Rear Depth Height Number of Stories 9. Size oflot: Front Iq~. / Rear 13.<.' Depth '2~, g. 10. Date ofPurchase t~O~ Name of Fonner Owner 11. Zone or use district in which premises are situated O.~(~t [~ I~r~i ~ 12. Does proposed coustruction violate any zoning law, ordinanco or regulatiun? YES__ NO 13. Will lot be re-graded? YES NO. V/Will exce~s fill be removed fi'om premis_e~? YES NO. 14. Names of Owner of prernises~Address ~o~/~--4 ~'hone No ~ ~/' Name of Architect . N'A' Address Phone No Name o f Contract o~--~It~.~-~A-~l'~blf.--~l.-I-*~Addr ess q~'.~ (Jlc~Jti ~ Phone No.' . /~. I -~'~[ 3qk ~ ~4xlIL t ~1,5~xJl~/rW~ -fl~fhtqt,~ 15 a. Is tiffs proporty within 100 £eat of a tidal wetland or a fi'eshwater wetland? *YES NO ~ * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQ~[IRED. b. Is this property within 300 feet of a tidal wetland? * YES NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with a~curate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey, 18. Are there any covenants and restrictions with respect to this property? * YES__ NO * IF YES, PROVIDE A COPY. STATE OF NEW YORK) COUNTY oF~l~: ~( ~ ~ [~d~._ being d~y swo~ ~ses ~d says ~ (s)he is ~e ~pli~t ~ of ~vid~ sing ~n~) a~ve ~e~ (~n~or, Ag~L Co.omc Offi~, etc.) of s~d o~er or om~, ~d is ddy a~o~d to ~ffom or ~ve ~omed ~e s~d ~ md m m~ ~d ~e ~ ~plimfion; ~ ri s~m~ ~n~ed ~ ~s applicon m ~e to ~e best of~ ~owledge md ~lief; ~d ~ ~e work ~11 ~ ~omed ~ ~e mcr ~t fo~ ~ ~e ~plic~on filed ~e~. Sworn to before me this ~ -- 20 Notary ~ublic Ol~-o f A~plicant QUESTIONNAIRE FOR FILING WHlt YOUR Z.B.A. APPLICATION Is the subject premises listed on the real estate market for sale? [3Yes ~o . i Are there any proposals to change or alter land contours? ~,/o {3 Yes, please explain on attached sheet. 1) Are there areas that contain sand or wetland grasses? D o 2) Are these areas shown on the map submitted with this application? 3) Is the property bulk,headed between the wetlands area and the upland building area? 4) If your property contains wetlands or pond areas, have you contacted thc office of the Town Trustees for its determination of jurisdiction? Please confu'm status of your inquky or application with the Trustees: and if issued, please attach copies of permit with conditions and approved map. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? ~ ,9 Are there any patios, concrete barriers, bulkheads or fences that exist and are not shown on the survey map that you are submitting? r~ t0 (Please show area of these structures on a diagram if any exist. Or state "none" on the above line, if applicable.) Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and map as approved by the Building Department and describe: Authorized Sight, re and Date Do you or any co-owner also own other land close to this parcel? the proximity of your lands on your map with this application. Please list present use or operations conducted at this parcel "~ - and proposed use ex~sting: single-family; prop~osted: same with garage or pool, or other description.) 2/05; 1/07 ~ 0 If yes, please label AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD WHEN TO USE THiS FORM: The ferm must be completed by the applicant fer any special use permit, site plan approvtd, Use vatiance~ or subdivision approval on property within an agricultural district OR within $00 feet of a farm oper~ion locatetl in agricultural distric~ ,,Ill applications requir~g an agricultural data statement must be referred to thg Suffolk CounO~ Department of Planning in accordance with sections 239- m ariel 239-n of the General Municipal Law. 1) Name of Applicant: 2) Address of Applica0t: . ~,~ ~_~v~ ~ 3) Name of Land Owner (if other thlm applican0.~ ~ )"ff/;,~/~v 4) Addres~ of L~d Owner: '~fO ~/f~'~,o ~ 5) De~crip~o~ ofProp0sed Pi-ojeCt: /~/.'O,'~ '~/z~,~/~ 6) Location of Property (road and tax map number): ~f~. s0~ 7) Is the parcel within an agricultural dis~ct? I-]No~Yes ff yes, Agricultural District Number 8) Is this parcel actively fanned? [-]No ~Yes 9) Name and address of any owner(s) of land within the agricultural dis~ct containing active fm'm operation(s) located 500 feet of the boundary of thc proposed project. (Information may be available through thc Town Assessors Office, Town Hall location (765-1937) or fi.om any public computer at the Town Hall locations by viewing the parcel numbers on the Town of Southuld Real Property Tax System. Na e and Address ...... , ! - It s- . 6.. I~)0,- ~--q ,~ob~hs,,'~ ~lOCOr~'3~'~ ~ f?'°"~X~g~chCweJ~- (Ple.~c use back side of page if more than six property owners are idanlified.) The lot numbers may be obtained, in advance, when requested fi.om the Office of the Planning Board at 765- 1938 °r the Z°f~n~g ~Appeals al 765-18°9'~ / : Signal~ 0T, v4pplieant/] Date · . it commen~ fro~th¢ ownem of land identified abow in ord~ to co~ider ~h¢ ¢ff~t of the propo~l action On then' farm operation. Solicitation will Ib~ made bY supplying a {ropy offl~ 2. Com~nt~ returned to the local boant will be taken into ~omidemfion ~ ~ o£th~ ovea'all r~iew of thi~ application. 3. Thc ¢l~rk to ~h¢ local board k~ r~pom~le for ~nding copi~ of thc compl*t~d A~'icultm'al Data Stat~mt to the prOlXa id~nfifi~l above. The co~t for mailing ~hall be paid by the applieam at the ~ ~.~ application i~ mbmitt~l for review. Failure to pay at ~uch firr~ m~ns ~h~ application i* not complete and cannot be acted upon by the board. 1-14-09 I~hNSACTIONAL DISCLOSURE FOR~ APPLICABLE TO OWNER, CONTRACT VENDEE AND AGENT: 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 interesl and allow it to take whatever action is necessary to avoid same. (Last name, first name, rrfiddle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person or company name.) NATU1LE OF APPLICATION: (Check al/that apply.) Variance Special Exception -- --' *Other Approval or Exemption from plat or official map Change of Zone - Tax Grievance *If "Other" name the activity: Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship w/th any officer or employee of the Town of Southold? "~Relationship" includes~b blood, marriage, orbusiness interest. "Bumness interest - partnership, in which m~ ~-_.._ ~-- ......... .means a business · ----r or__em lovee h ........ - , ~. P ~- tas even ,~ atrial ownershl of em.~.~p~ent_by) a corporation in which the Town officer O~e th~ shares ~ :atrial ownershi, of or YES If you answered "YES'; complete the balance of thts form and date and sign where indicated Name of person employed by the Town of Southold: Title or position of that person: Describe that relationship between yOurself (the applicant, agent or contract vendee) and the Town officer or employee. Either check the appropriate line A through D (below) and/or describe the relationship in the space prov/ded. 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 corpomti6n); B) the legal or beneficial Owner of any interest in a non-corporate entity (when the applicant is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this ~' d~ of Signature:__. Print Name: /goo - ~,~TOWN OF SOUTHOLD OWNER FORMER OWNER ,6]l,/n £. PROPERTY RECORD CARD LAND 'o'-~m ~P I 3ooo STREET c~ VILLAGE VL S W FARM TOTAL TYPE OF BUILDING COMM. CB. MICS. Mkt. Value DATE REMARKS /~00&GE NEW/700 FARM Tillable Woodland Meadowlond BUILDING CONDITION , BELOW ABOVE 'v/alue Per ] ~afue Acre Acre -/--~ / _7, O, FRONTAGE ON ROAD House Plot .LO~ 8flS 100-4-3.1 9/01 '- !-44- ~ L(:,~4 ! '~' ~ l ~__:, ~ ~ Floors K. : . ,:~4~. ~ ~: I / ~t. Wa]~ ~ooD ~/~/~terior Finish LR. ~.~, ~ ,,,~ ~,~ ~ ~ ~ ~ Rooms ]st Floor BR. -'~-~ ~O ~ ~; ~OO ~ /~Oi ' '. Rooms2ndFIoor }FIN.~4 ~ , , Driveway . 100.-4-3.1 10/07 oec~ Garage o Pool COLOR )undation ~cs Fin. B. Bath I o~-o,[ Dinette isement ~-~ Floors Kit. :t Walls ~__~'C' Interior Finish L R. re Place ] Heat D.R. Woodstove BR. )rmer Baths )ck Faro. Rm. .... ~OA~ ~ _ Fire E TRIM 1 st 2nd 00}. DEED OF DEVELOPMENT RIGHTS SEP 2 2009 THIS INDENTURE, made this 20th day of March, 2000 BETWEEN David Page and Barbara Shinn, residing at 19965 Soundview Avenue, Southold, New York 11971, party of the first part, AND the TOWN OF SOUTHOLD, a municipal corporation having its office and principal place of business at Main Road, Town of Southold, County of Suffolk and State of New York, party of the second part; WITNESSETH, that the party of the first part, in consideration of $183,600.00 (One Hundred Eighty-three Thousand Six Hundred Dollars) lawful money of the United States and other good and valuable consideration paid by the party of the second part, · DOES HEREBY GRANT AND RELEASE unto the party of the second part, its successors and assigns forever, THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by section 247 of the New York State General Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Town Code of the Town of Southold, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production to the property described as follows: ALL that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, bounded and described as follows: SCHEDULE A. DESCR/PT/ON AHENDED 3/20/2000 ALL that certain plot, Place Or parcel of land, situate, lying and being at Hattituck, in the Town of Southold, County of Suffolk'and State of New Yorl~ bounded and described as follows: BEGINNING at a point located on the southerly side of Oregon Road distant 662.35 feet easterly from the Intersection of Oregon P, oad with the easterly side of Hill Lane, and from said point of beg nnlng continuing along the southerly side of'Oregon Road easterly on a course, North 59 degrees 10 mlnutes [9 seconds 500.O0.feet to a point; THENCE southerly ~lOng the lands of Page and Shinn, South 2~. degrees 27 minutes O0 seconds East, 267.07 feet to a point; THENCE continuing along the lands of Page and Shlnn~ North 67 degrees 34 minutes 12 seconds East~ 135.94 feet; -- THENCE southerly and parallel being ten (10) feet off the property line of Page and Shlnn with Sider, owner the east~ South 22 degrees 25 minutes 48 secorlds East~ [,239.25 feet to a point} THENCE South 37 degrees 26 minutes O0 seconds West~ 50.60 feet to a point and the lands of Cou~cney and the Town of $outhold (having dove opment rights thereto)} THENCE westerly, South 64 degrees 19 minutes O0 seconds West, 600.00 feat to the lands of Krupskl and Sider} THENCE along said lands, Norl;h 21 degrees 47 minutes 00 seconds We-~, 1,492.80 feet to the point or place of B~GINNING. TOGETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abutting the above described premises to the center lines thereof. TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to said premises, insofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said Development Rights in the premises herein granted unto the party of the second part, its successors and assigns, forever; AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, successors and assigns of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production as defined herein. AND the party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and the heirs, legal representatives, succesors and assigns of the party of the first part, that the parcels of real property described herein are open agricultural lands actually used in bona fide agricultural production as defined in GrvlL section 247 3 as shall remain open lands actually used in bona fide agricultural production. This covenant shall run with the land in perpetuity. AND the party of the first part, covenants in all aspects to comply with Section 13 of the Lien Law, as same applies with said conveyance. THE party of the first part and the party of the second part do hereby convenant and agree in perpetuity that either of them or their respective heirs, successors, legal representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the underlying fee title to the property described herein may not be subdivided into plots by the filing of a subdivision map pursuant to Sections 265, 276 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The underlying fee may be divided by conveyance of pads thereof to heirs and next of kin, by will or by operation of law, or with the written recordable consent of the Purchaser. This covenant shall run with the land in perpetuity. THE word "party" shall be construed as if it reads "parties" whenever the sense of this indenture so requires. THE party of the first part, the heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it will (a) not generate, store or dispose of hazardous substances on the premises, nor allow 4 others to do so; (b) comply with all of the Environmental Laws; allow party of the second part and its agents reasonable access to the premises for purposes of ascertaining site conditions and for inspection of the premises for compliance with this agreement after notice. This covenant shall not preclude lawful, normal and proper application of legal fertilizers, pesticides and fungicides for legitimate agricultural purposes. This covenant shall run with the land in perpetuity. THE party of the first part, its heirs, legal representatives, successors and assigns of the party of the first part covenants and agrees that it shall indemnify and hold party of the seCOnd part and any of its officers, agents; employees, and, their respeciive successors and assigns; harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of (1) any misrepresentation in any representation or warranty made by seller in this agreement; (2) the breach or non-performance of any convenants required by this agreement to be performed by the party of the first part, subsequent to the closing of title herein; or (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by a party other than Purchaser, its agents or employees, by reason of a violation or non-compliance with any environmental law; or the improper disposal, discharge or release of solid wastes, pollutants or hazardous substances; or exposure to any chemical substances, noises or vibrations to the extent they arise from the ownership, operation, and/or 5 condition of the premises prior to or subsequent to the execution of the deed of Development Rights. This covenant shall run with the land in perpetuity. AS set forth in Chapter 25 of the Town Code of the Town of Southold DEVELOPMENT RIGHTS acquired by the Town pursuant to the provisions of that chapter shall not thereafter be alienated, except upon the affirmative vote of a majority of the Town Board after a public hearing and upon the approval of the electors of the Town voting on a proposition submitted at a special or biennial town election. No subsequent amendment of the provisions of this subsection shall alter the limitations imposed upon the alienation of development rights acquired by the Town prior to any such amendment. This covenant shall run with the land in perpetuity. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first written above. BARBARA SHINN Purchaser: Town of Southold By: ~ JEAN W. COCHRAN, SUPERVISOR 6 STATE OF NEW YORK) COUNTY OF SUFFOLK) )SS: On the 20th day of March, 2000, before me personally appeared DAVID PAGE, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity, and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument.~ .~~ Not~'rvP.hl(~/ ' ' O KAREN J. HAGEN NOTARY PUBUC, State of New York No. 02HA4927029 {lualitled in Suffolk County STATE OF NEW YORK) )SS: COUNTY OF SUFFOLK) On the 20th day of March, 2000, before me personally appeared BARBARA SHINN, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whc~se hame is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, ~nhse int~mdividual, or themeat' Aperson/npon behalf o/ f which the individual acted, executed the Notary Public STATE OF NEW YORK) COUNTY OF SUFFOLK) KAREN J. HAGEN 14OTARY PUBLIC, State o[ New York No, 02HA4927029 Oajelitled in Suffolk County ~.~ ~ffi~fnlssion Expires I~Iar~h 21, )SS: On the 20th day of March, 2000, before me personally appeared JEAN W. COCHRAN, personally known to me or provided to me on the basis of satisfactory evidence to be the individual whose name is subscribed to the within instrument and acknowledged to me that she executed the same in her capacity, and that by her signature on the instrument, the individual, or the municipal c~rporation upon behalf of which the individual acted, executed the instm~e,~ 12032 228 Numberofpages TORRENS Serial#. Prior Ctf. # Deed / Mortgage Instrument Page ! Filing Fee ~ Handling ~, -- TP-584 RECEIVED $ O .... REAL ~STATE APR 0 4 2~00 TRARaFER TAX 35549 Deed / Mortgage Tax Stamp FEES Notation EA~52 17 (County) ~ __ Sub Total EA-$217 (State) ~5 Corem· of Ed. 500 Affidavit Certified Copy Sub Total Other -- GRANDTOTAL ~ q Real Property Tax Service Agency Verification Dist. Section B lock Lot 71 EDWARD E ROMAINE CLERK OF SUFFOLK COUNTY Recording / Filing Stamps Mortgage Amt. 1. l~sic Tax 2. Additional Tex Sub Total Spec./Assit. Or Spec./Add. TOT. MTG. TAX Dual Town . Dual County Held for Apportionment __ Transfer Tax Mansion Tax The property covered by this mortgage is or will be improved by a one or two family dwelling only. YES or NO If NO, see appropriate tax clause on page # __.of this insh-ument. Community Preservation Fund Consideration Amount $,/,~. CPF Tax Due $ ~, Satisfactions/Discharges/Releases List Property Owners Mailin .~C_~ . ,LIi ~[~ECORD & RETURN TO: , /0 APR 0 4 2~0 l CC~,~MUNiTY PRESERVATIONFUND " Title Company Information Co. Name Title # Suffolk County Recording Page Tiais page forms part ofthe attached ]~e~.~ ~ ,~p/~Jt~t~ft-.tp~D-..~ .~/~//~7~ madeby: (SPEC[FY TYPE OF IN~TRUMENr ) f~)OVI~{ 1~>0..~ Ct~Q.~.'/ The premises herein is situated in BOXES 5 THRU 9 MUST BE TYPED OK PRINTED IN BLACK INK ONLY PRIOR TO RECQRDING OR FILING. /OVERt EENLOGIC . ENERGY 425 Country Road 39A, Suite 101, Southampton, NY l~l~DO~4ppE41~ Bergey Windpower can offer the first full 5-year warranty In the small wind turbine industry because we make the most reliable and longest lasting wind turbines available. Unfortunately, some people make the mistake of assuming that all of the major brands of small wind turbines are built equally well. But, this just Is not the case. Wind turbines are machines and some machines are designed more conservatively and carefully than others. In an honest effort to find the best value in a small wind turbine, we believe some people look too hard at the price per waft, and not hard enough at the reputation of the manufacturers and their products. The result is far too many failures of small wind turbines. In small wind turbines, reliability is what sorts out the wheat from the chaff. Here are some of the reasons that Bergey turbines cost more than some other small wind turbines: · Fail-Safe Design: Most other small wind turbines can never be allowed to operate without an electrical load on the generator during high winds, for fear of over- speeding and failing the blades. These turbines use "dump-loads" to limit their speed. But, the whole system can be put at risk If the electrical connection to these dump loads is lost ... they are not "fall-safe." Bergey turbines can run safely without any load at all, under any wind conditions up to their maximum design wind speeds (120 mph +). · Heavy Weight Construction: Lighter is definitely not better when it comes to wind turbine reliability and longevity. Wind turbines run up to 7,500 hours per year, which is the equivalent of putting 100,000 miles a year on a car. And during storms they have to endure tremendous forces. While It's cheaper to build a light-weight, fast-turning wind turbine, the history of the Industry dating back to the 1920's cleariy shows that light-weight turbines don't stand the test of time. The heavy-duty Jacobs turbines from the 1930's can still be found running today. Their light-weight competitors are long gone. · Higher Strength Blades: The blades are the most critical and heavily worked part of a wind turbine. Bergey Windpower pioneered the successful use of pultruded fiberglass blades In 1980. This award-winning technology application results in blades of exceptional strength and durability. In fact, with a tensile strength exceeding 100,000 psi, the blades on Bergey wind turbines are twice as strong as steel. Some less expensive wind turbines now use molded plastic blades with glass or carbon fiber reinforcement. But, the reinforcing fibers must be very short to allow injection molding and this limits strength to approximately 25,000 psi. Many experts doubt that the useful life of these plastic blades will exceed 5-7 years, except at poor wind sites. And using aeroelastic blade flutter (undamped torsional vibration) for over-speed control, as done by one popular micro-turbine, certainly can"t help. eMore Rugged Electronics: It's less expensive to cut back on the power or heat handling capacity of the electronics that are used to charge batteries. But, during GREENLOGIC ENERGY 425 Country Road 39A, Suite 101, Southampton, NY 11968 3~.,,~ storms wind turbines can operate at high power levels for hours on end. Some other brands are notorious for burning up electronics because they simply haven't designed in sufficient reserve capacity. We spend more money on electronics and heat sinks to make sure this doesn't happen. Fully-Engineered and Warranted Towers: Bergey Windpower offers a wide range of professionally-engineered (PE-stamped) towers, which we back-up with the same 5-year warranty as offered with the wind turbines. Some manufacturers only offer partial kits and some don't offer towers at all. This puts a lot of responsibility and risk back on the customer. GREENLOGIC o4 oo9 ENERGY 425 Country Road 39A, Suite '10'1, Southampton, NY (1) Provide a concise but complete description of the small wind system, including location of the project, proposed turbine specifications: Bergey Excel-S (See A#achment A), tower height and type of tower 120 foot lattice tower with no guy wires, type of energy storage and location of storage if applicable no on-site storage, but the LIPA utility allows for "Net-Metering" which effectively allows the grid to serve as a storage medium, proposed inverter manufacturer and model Grid Tech lC, electric power system interconnection equipment, and application Icad and Icad interconnection equipment as applicable. Identify possible vendors and models of major system components. Square D switch gear and concrete and trenching subcontractors to be determined and will be licensed and insured. Provide the expected system energy production based on available wind resource data on a monthly (when possible) and annual basis and how the energy praduced by the system will be used. The system is expected to produce 12.500 KWH per year. This energy will be used to support wine production and storage. (2) Describe the project site and address issues such as access to the wind resource, proximity to the electrical grid or application Icad the distance from the turbine to the service panel and meter is approximately 150 feet environmental concerns with emphasis on historic properties the installation is in a vineyard adjacent to other agricultural properties, site visibility, noise, bird and bat populations, and wildlife habitat destruction See Affachment ,I regarding wildlife impact from wind turbines and/or fragmentation, construction, and installation issues and whether special circumstances such as proximity to airports exist there are no commercial airports in the vicinity.. See Attachment K - Noise measurements. Provide a 360-degree panoramic photograph of the proposed site, including indication of prevailing winds when possible. See Attachment K - Site Photos. (e) Project development schedule. Identify each significant task: Obtaining the permit, completing the design and engineering 3 to 4 weeks, installation 6 weeks, monitoring 2 years, and maintenance every 5 years (two days), its beginning and end, and its relationship to the time needed to initiate and carry the project through starfup and shak:edown. Provide a detailed description of the project timeline: Week 1: Review design with PE, order Bergey Equipment Week 5: Receive delivery from Bergey (turbine, tower, and inverter), procure other necessary equipment Week 6: excavation of footing site, construction of cement form, and pouring of footing Week 7 and 8: Allow footing cement to cure and complete trenching and installation of wire, inverter and switch gear Week 9: Erect tower and turbine and complete electrical connection. Week 10: complete inspection and testing of equipment, schedule inspection , including system and site design, permits and agreements, equipment procurement, and system installation from excavation through starfup and shakedown. (f) Project economic assessment. Provide a study that describes the casts and revenues of the propased project to demonstrate the financial performance of the project, including the calculation of simple payback. Provide a detailed analysis and description of project costs, including design, permitting, equipment, site preparation, system installatian, system startup and shakedown, warranties, insurance, financing, professional services, and operations and maintenance costs. Provide a detailed t I GREENLOGIC ENERGY 425 Country Road 39A, Suite 'iO~l, Southampton, NY '1'19~ Attachmenf A: Bergey Wind Turbine: , GREENLOGIC ENERGY 425 Country Road 39A, Suite 101, Southampton. NY 11968 · ~-YEAR WARRANTY · AMERICA~ 8E,~.T ~ELUNG RESIC:ENTIAL ~iyE, TEM ,, CERTIFIED BY CALIFORNIA ENE::R~Y COMMI~Ctd · ,~IMP~..E DIESIGN - 3 ~ING PARTS · PATENTED POWERFLF_X" ROTOR ~'~-'~TEM · . AUTOFURLe AUTOMATIC ~TORM PROTECTIC~'~I EXCt¢I--$: O/Jd-J n:er:ie ,~opii,~alions: 1 Exce~-PD: Pum~,ing ~pp;ication.~ (10kW~ r~-~ PERFORMANCE , GREENLOGIC ENERGY 425 Country Road 39A. Suite 101. Southampton, NY 11968 ELI~TRONICS FOR THE BWC~ E~X~L WIND TURBINE a°4~o ot, 4t)t~4t~ GREENLOGIC ~o~'j2°,,~o~ Attachment H: LIPA Wind Map: Version 3:04/07/09 Page 42 GREENLOGIC LONG ISLAND LIGHTING COMPANY d/l~e LIPA PARALLEL GENERATION AGRESMENT (PGA) FOR INTERCOHNI;;:CTION OF NEW DISTRIBUTED GEHERATION UNITS WITH CAPACITY OF 300 EVA OR: LESS TO BE OPERATED IN PARALLE/ WITH I~ADIAL DI~BTRIBUTiON LINEal Telephone: LiPA 175 East Old Cou nary Road HIcksville, New York $1601 Att,~: Distributed Resource Management DEFInITiONS and teated Facilities- rneatls the equ preen and facilities on LI PA's sytaem necessary to permit ol:eratlon of Unit in parallel with LIP^'$ system SIR or IMemonttectbon Reqalremnnt~ itmans the LIPA Interoonnection Requirements .'or New Oistflbutecl Generation Un ts with e Ca pacity of 3~30 kVA O~ Less :o be Operated in Parallel with Radial Distribution Lines Unit- means ina dialrlb~led ganara~on unit with a nameplate capacity of 300 kVA or less located on the C ustomer'a premi~ et the time LIPA approves aue'~ unit for operation in pa ,oJlel with LIPA'6 aysiem. This Agreement relates only Ia such Unit, but a new agreement shall not be reqbired if the C~tomer makes physical allera',ions Io Ihs Unit Iha[ do no~ rasull in (t) an incn3aso in its nameplate genemling capacity or noncomplian ce with Intercorineb'tion Requirements. The rmmel~ate genemling capacity of ;he Unit sh~li not exceed 300 kVA. Version 3:04/07/09 Page 41 GREENLOGIC 80ARD OF APPEALS Michael'L 5. ~erge..- Windpower Co,, Inc. ' 2001 i'r~e~tley Ave, lqorm~n, OK 7.%969 RE: Wh~d Tgrbino Noise Output Evaluation Per your ~q~. ~ ~e ~n~ ~ ~ Iuly 2001, .c~pm~e~ ~ John Sm~p, your mpr~l~tafive in GI~ ~.llen, Califor~a, we lmveled to a B~ey ingallafi~ ]~a~d iR ~o Co~W a[ ~dk~w~d ~eek to measure [he ~ pr~su~ ]~ve] ge~at~ ~ tim ~c)' Mndc] RWC Ex~l ~OkW C~ss ~'iud T~b~. 24 mph g~eral[y frum · 5E dfl'~fion. Ir w~; mu~al~y d~ ~e m~ site to ~p~ at t~gt~ ~ 20, 50, '1~, '1~, and 2~ ~e~ tmpecfive]),_ The t~ra~u~ was ~ the mid-~s wifl~ tacitly d~r ~s. ~ so.~nd p~sgum m~v was a c,]ibra~d .~on Inte~Rng ~und r~ve] Meter, Model ~ ~r. a 0089Z~, ~ab~Hng a ~ 1% 1/2 ~ capsule and t~. ~e l~le~ wag ~[ ~o ~asure ~A su~d p~ssure levels (~L) e~h 2~m~ uv~ a peflod ~ ~ seco~s t~o ~,i~h the avera~ expms~ ~ ~e ch~t be~w. We m~asured ~ly ~ a. ~i~ ~in~ the ~PL upwind m~ to tlm gi~s wag m~urably [~ss. ~ the me~t~mu~t wao madg in ~ ~ineya~d at gr,.md l~el, the g~.. ~' fl~ ~C W~d T~Eine wa~ o~n masked' ~ the rasing o~ ~aarby grap~ l~v~ and vh~s, wl~ch ~' ~s ~e of ?ar had ~l[y ~ed (wi~ fl~o ~ptiou g~ the grap~). Version 3:04/07/09 Page 44 GREENLOGIC 22 Junc 2001 , . mail: dmook,~,~._,. M,. T~'lik~ P,~gey. Pmskle,a and CRO ['l~r~y Wie~a.~wer 2001 Priesdey Avenue l~'orman, OK 73069 I~'ar kit. B~y: I write [oday in re~jlolt~ ~0 your fel~l/~:SL Ibc ~ I~t~ ol'a.~$m¢~t oil how ~'ind Luibinea haT~ ~ flTc ra~pul~}on ~bJrd~ we have I)~. ~lMy;J)g on. Noilh Ba~. ~ yeLL ~OW, my wii~ (~. P.L. Schwa~cycr) ~ 1 ~ u~ ~ bo~s m 1993 ~ s~nd I~t~f{y hul~l:ds eF h~ ¢¥:m'in~ tlandirr~, rrr~ine, ,~ r e-~lghtirrg b~z~ ~c~' summer a~ ~: b~ a m~ti.yc~ ~m sei ~ai ha~ incl~d ~e~l Ihou~n~ G( Ih:~ sm~ll aongN~. To ~[m ~' ~ ~vo ao f~o~s of;~v of o~ hims havieg ~en h~med M ~)' w~ ~' t~ B~{gey Wind~wer lupine% nn~by i~e verli~al ~ tl~ su~ ~ bla~ 'fh¢~ $amm~s ace ~thin ~50' o l'd~e urn<at rz~ts. Moat ~'~c s~'~v mo~Jb' we ~c on N~ Ba~ has ~lne ~m p~to~ bir*~ Pkuac IcL mo kao~' ii'you u~:cd an)' further detain Version 3:04/07/09 Page 46 September 16, 2009 Board of Appeals Gerard P. Goehdnger, .Ir. 53095 Route 25 P.O. Box 1179 Southold, New York 11971 Shinn Estate Vineyards Dear Mr. Ge ehdnger: Shinn Estate Vineyards would like to request that the zoning board of appeals reopen the hearing regarding our variance request so that new information may be presented. Thank you for your prompt attention to this matter. Regards,~ '~/~ ~ David Page Shinn Estate Vineyards 2000 Oregon Road Mattituck, NY 11952 631-804-0367 www.shinnestatevineyards.com Chapter 277 WIND ENERGY ARTICLE I Small Wind Energy Systems § 277-1. Definitions. § 277-2. Application. § 277-3. Development standards. § 277-4. Construction standards. § 277-5. Fees. § 277-6. Abandonment of use. § 277-7. Enforcement; penalties for offenses; remedies for violations. [HISTORY: Adopted by the Town Board of the Town of Southold as indicated in article histories. Amendments noted where applicable.] Zoning--See Ch. 280. GENERAL REFERENCES ARTICLE I Small Wind Energy Systems [Adopted 7-17-2007 by L.L. No. 15-2007] § 277-1. Definitions. As used in this article, the following terms shall have the meanings indicated: SMALL WIND ENERGY SYSTEM-- A wind energy conversion system consisting of a wind turbine (not to exceed 25 kilowatts of production), a tower, and associated control or conversion electronics, which has a rated capacity intended primarily to reduce on-site consumption of utility power. TOWER HEIGHT-- The height above grade of the fixed portion of a tower that is part of a small wind energy system, exclusive of the wind turbine. § 277-2. Application. Applications for small wind energy systems shalI be submitted to the Town of Southold Building Department and shall include: Name, address, and telephone number of the applicant. If the applicant will be represented by an agent, the name, address and telephone number of the agent as well as an original signature of the applicant authorizing the agent to represent the applicant. Name, address, and telephone number of the property owner. If the property owner is not the applicant, the application shall include a letter or other written permission signed by the property owner confirming that the propelnty owner is familiar with the proposed applications and authorizing the submission of the application. 277: I l0 - 15 - 2007 § 277-2 SOUTHOLD CODE § 277-3 Address of each proposed tower site, including Tax Map section, block and lot number. Evidence that the proposed tower height does not exceed the height recommended by the manufacturer or distributor of the system. A plot plan at a scale of one inch equals 100 feet depicting the limits of the fall zone, distance from structures, property lines, public roads and projected noise levels (decibels [dba]) from the small wind energy system to the nearest occupied dwellings. A line drawing of the electrical components of the system in sufficient detail to allow for a determination that the manner of installation conforms to the Electric Code. Written evidence that the electric utility service provider that serves the proposed site has been informed of the applicant's intent to install an interconnected customer-owned electricity generator, unless the applicant does not plan, and so states in the application, to connect the system to the electricity grid. § 277-3. Development standards. A. Tower height. Tower height shall not exceed 120 feet. To prevent harmful wind turbulence to the small wind energy system, the minimum height of the lowest part of any horizontal-axis wind turbine blade shall be at least 30 feet above the highest structure or tree within a two-hundred-fifty-foot radius. Modification of this standard may be made when the applicant demonstrates that a lower height will not jeopardize the safety of the wind turbine structure. Setbacks. Notwithstanding the provisions of the Bulk Schedule? the following standards shah apply to small wind energy systems: A small wind energy system shall be set back from a property line a distance no less than the total height of the small wind energy system plus 10 feet, except that it shall be set back at least 300 feet from a property line bordering an existing residential structure. In no instance shall the small wind energy system be closer than 100 feet to a property tine. (2) No part of the wind system structure, including guy wire anchors, may extend closer than 10 feet to the property boundaries of the installation site. (3) A small wind energy system shall be set back from the nearest public road or right-of-way a distance no less than the total height of the small wind energy system plus 10 feet, and in no instance less than 100 feet. Noise. Small wind energy systems shall not exceed 60 dba, as measured at the closest neighboring inhabited dwelling at the time of installation. The level, however, may be exceeded during short-term events such as utility outages and/or severe wind storms. I. Editor's Note: The Bulk Schedules are included at the end of Ch. 280, Zoning. 277:2 I0- 15 - 200? Town of Southold, NY § 280-99 Right to undertake protected farm practices. Page 1 of 1 Farmers shall have the fight to undertake protected farm practices in the active pursuit of agricultural operations, including, but not limited to: clearing; grading; plowing; aerial and ground spraying; the use of legal agricultural chemicals (including herbicides, pesticides and fertilizers); raising horses, poultry, small livestock and cattle; processing and marketing produce; installing water and soil conservation facilities; utilizing farm crop protection devices; designing and constructing and using farm structures, including barns, stables, paddocks, fences, greenhouses and pump houses; using water;, pumping; spraying; pruning and harvesting; disposing of organic wastes on the farm; extensive use of farm laborers; training and others in the use and care of farm equipment, animals; traveling local roads in properly marked vehicles; and providing local farm produce markets near farming areas. These activities can and do generate dust, smoke, noise, vibration and odor. These activities may occur on holidays, Sundays and weekends, at night and in the day. Such activities are presumed to be reasonable. Such activities do not constitute a nuisance unless the activity has a substantial adverse effect on the public health, safety and welfare. http://www.ecode360.com/?custld=SO0452 10/25/2009 United States Department of Agriculture Rural Development , I~ . Section 9007 ] {~ Rural Energy for America Program The simplified grant application template - on the following pages - provides access to tillable forms and a framework of divider pages to organize the grant application for submission to USDA- Rural Development. Please tab the divider paqes as indicated. Other tools are available on the Iowa Rural Development Business and Cooperative Program website at; www.rurdev.usda.qov/ia/rbs.html - click on energy program, then-click on final regulation granl information. Separate applications must be submitted for renewable energy system and energy efticiency improvement projects. Applicants may only submit one application for each type of project per fiscal year. An original and I copy of the application must be submitted to the The Area Office where the proposed project is located. Please see the map of Iowa at http://www.rurdev.usda.qov/ia/rbcs BCMap of Iowa RD.pdf to locate the correct Area Office. An alternative location the application can be submitted to is: Iowa Rural Development State Office Att: Business-Cooperative Programs 873 Federal Building 210 Walnut Des Moines, Iowa 50309 A simplified grant application has total eligible project costs of $200~00~ or less and can involve commercial technology only. This template is designed for training and education and does not replace the 4280-B regulation. Page 8-18-08 //; I~ ,' ~)~pproval NO. 0348'0041 NOTE: Certain Federal assistance programs require additional computations to arrive at the Federal share of project costs eligible for participation. If su~fl~P~ thc cccc, ),_U .~TTbO notified. COST CLASSIFICATION a. Total Cost b. Costs Not Allowable c. Total Allowable Costs for Participation tColumns a-b) 1. Administrative and legal expenses $ .00 $ .00 $ 0.00 2. Land, structures, rights-of-way, appraisals, etc, $ .00 $ .00 $ 0.00 3. Relocation expenses and payments $ .00 $ .00 $ 0.00 4. Architecturaland engineering fees $ o .00 $ ,00 $ 0.00 D Other architectural and engineering fees $ ~' O0 .00 $ .00 $ C'~ ~ ~0 0.00 6. Project inspection fees $ .00 $ .00 $ 0.00 S tework $ cio .00 $ .0o 0.oo 8. Demolition and removal $ .00 $ .00 J$ 0.00 9. Construction $ J~', eec) .00 $ .00 $ l~"'/~)Oz, 0.00 10. Equipment $ -----~c~ ] ~J(_.00 .00 $ .00 $ S/;/~l,3j..~.D 0.00 12. SUBTOTAL (sum of lines l-l f) $ (~,~o0 0,00 $ 0,00 J$ C~"~,~-~O 0.00 I Contingencies $ .00 $ $ 0.00 14. SUBTOTAL $ 0.00 $ 0.00 $ 0.00 15. Project (program) income $ .00 $ .00 $ 0.00 16. TOTAL PROUECm COSTS (subtract #15 from #14) $ z~'~i~-D~ 0.00 $ 0.00 $ C"~-~,z~C.-~, 0.00 FEDERAL FUNDING 17. Federal assistance requested, calculate as follows: (Consult Federal agency for Federal percentage share.) Enter eligible costs from line 16c Multiply X ~-~"' % $ ~'? -~, ~ .~,~,~"0.00 ~, Enter the resulting Federal share. - ~ x' 2 /'" Previous Edition Usable Authorized for Local Reproduction Form 424C (Rev. 7-97) "" ._._Prescribed by OMB Circular A-t 0~ LIP^ June 5, 2009 Barbara Shinn 2000 Oregon Road Mattituck, NY 11952 Re: LIPA Backyard Wind Initiative ~,~ ¢ ~ Application 1D: 2009-007 Dear Valued Customer: Thank you for participating in our Backyard Wind Initiative. Your rebate application has been evaluated, and the amount of $43,753.50 has been approved for a l 0 kW wind system producing 12,501 kWh/year. Please note, following the completion of your wind system installation and prior to LIPA conducting a functional test of your wind system, setting the appropriate meter and processing your rebate, you must provide LIPA with a temporary or copy of the electric inspection certificate issued by the electrical inspection agency having jurisdiction. When your wind project is completed, please return all applicable invoices to our Rebate Processing Section. To ensure prompt processing of your rebate, the invoice must specify manufacturer, model number, quantity and purchase price for each requested device. The pre-approval is guaranteed until 12/5/09 at which time your wind system must be installed, operating and ready for a LIPA safety verification test of your inverter. Your invoices must be submitted within this time frame. Upon receiving the required documents, we will expedite the processing of your rebate. If your wind system is not ready for a LIPA safety verification test on or before 12/5/09, you must resubmit a new LIPA Backyard Wind Initiative rebate application, referencing the above application number to: LIPA Rebate Processing 25 Hub Drive Melville, NY 11747 Your cooperation in this matter is greatly appreciated. If you have any questions regarding this matter, please do not hesitate to call our toll-free Energy Infoline at 1-800-692-2626. Sincerely, Pat Dorsch ENERGY EFFICIENCY - LONG ISLAND PAP~E ~I/05 STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Air)ir)e Drive, Albany, New York 12235 www. agmKtsta~.r~y,us A&-q~BLYMAN M^~C A~))~! JUN 0 4 Z~ Jenn/fer Andatoro, Esq. Office of the Town Afforney Tcwn of Southold P.O. Box 1179 $outhold, New York 11971-0959 June 1, 2009 Re: Review of the Administration of the Town of $outhold's Zoning Code as it Pertains to ~hinn Vineyard LLC, Which is Loc,3ted Within ,. ~,ff,~ ' -"), County Agrlcu!tural District No. ! Dear Ms. Andaioro: The Department appreciates the Town of Southold's efforts to work with the Department to resolve many of the issues involved in this review. The DepaFb-,ent has completed its review of the Town's Zoning Code as it pertains to Shinn Vineyard, LLC, for compliance with A,=dcu!turo and Markets Law (AML) §305-a(1). The Department's investigatioc; included a fie!d raview conducted on October 2, 2008; a review of correspondence from the Town and other local agencies including the Planning Board, Town of Southol(~ Oep~)b~!e~t of LA:'~d Preservation, Amtlitectuml Review Committee, the Maffituck Fire District sn(~ 6uffolk County ooncorning Shlnn Vineyard, LLC; letters, with enclosures, from the Town to Dspadment of Agriculture .and Markets staff, dated October 19, 2007, September- 15, 2005, ,,~.nd !vlay !5, 2009; information from and conversations with Ms. Patrl~la A. Finnegsn, yc,ar~,e[f, David Page, c~.owner of $hinn Vineyards; corre,3pondence fnom Shinn Vineyard's ~tlorrt~y~ Charles Cuddy, ~sq.; and an examination of the Town of $Outhold's Zoning Code. I h,3ve discussed this matter with the Division of Agricultural Protection and Developme~t Services (AF&DC41 which has authorized me to respond as follows. By letter dated SeDtomber t3, 2007, Wi!liam Kimball Director of the Division of AP&DS, notitieci Supervisor Scoff Russell and the Chair of the Town of Southold Planning Board that the Department reoeived a request from David Page for e forms! review of the Town's Zonir~. COd~. for compliance with A.qdcui/ure and Markets Law ,35 it pertains to site plan review mo~)i,'emer~ts for .3 wlne~ c~n.~!ructed., and o~3.rg~ing within existing farm buildings. By my letter dated July 8, 2008, the Department concluded that based upon a review of the Town.. of $ou+.ho!d's Code, and the administ.m,t!eq of the e.~me by the Town and the Planninq Board. requiring St:inn ViP. eyard. I.LC to st. bruit t~ e ful! ~e F~l..-3n~ which involves Jennifer' Andatom, Assistant Town~omey Town of South~td Page 2 PAGE 02/05 the assistance of licensee: i3rofes~ioP, a]~). devek:pme~.t o.." o~site drainage calculations, complianc~ with }ar~dsc~pj~G ~equiremen-:~, ccn~t~uctior~ of an e~ectdr, fire ,,vel! and upgrading of interior ~-~d~ to be consistent with the Town's minimum road requirements, unreasonably restricts thru Shinn Vineyard, LLC f.,;rm operation in po'~stble violation ef AML §305-a(1). The Depa,~a'nent requested that the Town and Planning Boerd provide any documentation or other evidence that it may have that the public health or safety is threatened by the farm operation's activi§es which are the sublect of this review. In a letter from Ms. Finnegan to Mr. Kirnba!l dated October 19, 2007, she indicated that the Town places importance on its site plan review process to protect the health and safety of the public when they visit wineries with tasting mom facilities. Ms. Finnegan further stated in a letter dated September 15, 2008, that the Town has traditionally subjected wineries with tasting room ~cilities to site plan review because "the health and safety of the visiting public warrants such · practice." She indicated that it is important that such amenities as parking, ingress and egress, lighting, drainage and handicapped access are included on these sites. Further, it was noted that Shinn Vineyar(~ hosts weddings and events (copies of tent penmits were attached) and that the Town has an interest in promoting the health and safety of vi~,!tor~ t~ the s~e. On April 6, 2009, the D(~13~rt, meqt sen+. a letter t~ the Town of $outhotd A,*tomey, requesting ~at the Town provide rationale for the requirement to install an electdc fire well and any supposing information where such facilities have been required for offier farms of similar size and scope within the Town. In a letter dated May 15, 2009, you forwarded a revised recommendation from the Mattituck Fire District to the Southold Planning Board indicating that "no additional firewell is needed; only that all ddves and roads must meet the Southold Town access requirements/' 'The Department has the following comment~ concerning the Town's September 15, 2008 correspondence: As .<.:~,~te~ ir~ my July 8~ letter, it ?~ our und;~.~st~;din.3 that Shinn Vineyard is not proposing to ccnstr;~ct new bui!di~gs or exterior modl~cations tc any of Its existing buildings. It is our general position that the construction of on-farm buildings should not be subject to site plan review. However, the Department developed a model streamlined site plan review process which could be used for farm operations located within county adopted. State certified agricultural di,;t~)cts 1hat are ,subje~ to site plan review. In the Department's view, if Shinn 'Vineyard, LLC is subject to site plan review, the Town should utilize the Department's streamlined ~it~ p!an review process described in the Department's Guide#ne for Review of Loce/Zonir~g en~i Pianr-~#~ Laws ih [he co~du,.A of such a ~eview. In Ms, Finnegan's September 15, 20D8 letter, she indicated that Shinn Vineyard, LLC must provide drainage'points and calculations to show that storm water from the retail and public oper~t~.c, ns ~re cont-3ir,ed on-sit~, a~d 5h~l-e is ,~ unmaso;~sble flooding t~ neighboring properties (~r the p~bl~c rc~d. She rtcf."e.d that this is important for the health and safety of the neighbors, the public traveling on Oregon Road, and visitors to the site. She indicated that such ca!cui~tio~ may t~e 31:,t¢~r~,}d fr¢.m the USDA N~tu:al P. es~utces Co~',~erve!ic=~ Service (NRCS) at r:o c"~'--,Ge ~o ~.he f-~;m operation. As pad of this review, however, the Town has not demonstrated that there is any sto,-m water runoff issue either for the V~neyard, adjoining properties, or the adjacent highway Furthermore, based upon information received from Mr. Page, and verified through the Deoartmenrs field inspection, the existing buildings am Jennifer Anctaloro, Assistant Tow~omey Town of Southol¢l Page 3 guttered and the downspouts are connected to dry wells. S.torm water within the wells is released to a rapidly permeable substratum (mapped as Haven loam soils by the USDA NRCS). Therefore, to require Shinn Vineyard, LLC, a farm operation located within an agricultural district, to provide drainage ~loulations to the Planning Board for an as-built site plan review, wt~ere there has not been Identification of any storm water issues is unreasonably restrictive in violation of the AML. The Department in its July 8, 2008 leffer noted that in past review~ the Department nas sup'ported the need to meet mad construction standards for that portion of the farm road tccated within the Town right of way, but not beyond, Ms. Finnegan indicated in her letter that the Planning Board requested that two locations on the site plan indicate a 15' access and that the Board would be wi#lng to work with the farm to relax or waive these standards if they could not practicably be a~compiished. Mr. Page indicates that the current road is 12' wide and is sufficient for their operation as it has safely handled traffic for several years. Mr. Page indicates that he cannot practicably widen the road to 15' since the only way to do ~o would be to expand the road into the adjacent property, which is subject to a conserver!on easement held by the Town. In the Department's view requiring all interior roads to meet T~vn ~ighway standards is unreasonably restrictive in violation of the AML 1'he farm's interior roads appear to be adequate for their existing uses. In MS. Finnegan's September 2008 letter she noted that Shinn Vineyard has already dona a site plan with the assistance of a licensecl professional She indicated that if the Plennmg Board required changes to the p!an, dependi% 3~ c/~.~n(e,~, i+ ma? be re.~onabl~ ~'or the farm to sketch ti3em on the submitted site ;i:~, ~.~ ~cat~. Yhe Department al:,Precia:,?s this accommodation. The Department understa~ ........ : ucrn~ ;ha~es to a site plan m~y r,.,;quire professional assistance. In g~neral, however, the farm" ~.,,~ould ce allowed to sketch ~'~y ch,3ngea or modifications to the existing site plan without the f~rther assistance of a professional engineer or surveyor, In the Department's July 8, 2008 and April 6, 2009 letters to the Town I indicated that a requirement to install an electd~ tire well may be unreasonably restrictive, The Department requested that the Town provide a rationale for such requirement and any supporting informatio~ where s,uch facilities have been required for other farms of similar size within the Town. You indicated in a telephone conversation that you would forward our ex~rrespondence to t~e Mattltuck Fire District and request a response tc our inquiry. By your May 15, 2009 letter, you forwarded a re~ponse from the Ma~ituck Fire District recommending that "no additional firewell is needed; only that drives and roads meet the Southoid Town access reculrements.' The Deparlment appreciates the Town's effcrts to reso!ve this issue The D~p3rfment ~]oted iq its July 8, 2008 latter that farmers should not have to bear the extra costs of screening unless warranted by special local condifio~s or to address a threat to the public health or safety, While aesthetics are an appropriate and important consideration t.,nder ~'oning and pfannir~g laws, ti~e purpose of the Agriculture! Districts Law is to conserve and pm~ct agricultural lends ~y ~r~moting the retenfio~ cf farmland in ac'dye agricultural use. Ms. Finnegan noted in her correspondence that in the Town of Southold the rural community ci~amcter i~ significant ~cl ma~y i:u.~.inesses are required to screen the Jennifer Ar~dalo,"o, Assistant~wn Afforney Tow~ ef $outhoid Page 4 PA, GE parking associated with their business from neighbors and/or passersby. Ho~vever, it appears fram aerial imagery 'and based upon the Department's field visit that the surrounding land uses are agricultural, The adjacent land use is a potato farm, with a large barn, and a mobile home used for farm won(er housing. The Town has not demonstrated that complaints have been received concerning this farm operation due to loud noises, glare from interior i~hting and/or from automobile headlights. Further, screening along the edges of the property would require the farm ope,-ator to plant vegetation within the existing interior roadways. Ms. Finnegan indicated that the Planning Board would be willing to work with Shinn Vineyard, LLC or~ an acceptable solution, which may require screening in some areas and a waiver in others. However, in the Department's view requiring Shinn Vineyard, LLC to plant screening is unreasonably restrictive in violation of AML §305-a (1.). Based upon its review and Investigation, the Department has concluded that the Town of Southold Zoning Code and its administration by the Town and the Planning Board to require that Shinn Vineyards, LLC submit a full site plan, which requires the assistance of licensed professional(e), development of drainage calculatior~, compliance with landscaping requirements, and upgrading of intedor roads to be consistent with the Town's minimum road requirements, unreasonably re~tricts the farm operation in violation of AML §305-a(1). The Department has further concluded that the Town has not demonstrated that the public health or safety ts threatened I~y the Shinn Vineyard, LLC farm operation. To comply with AML §305-s(1), the Town, through its officials including the Cede Enforcement Officer and the Planning Board, must not require full site plan review, but may utilize the Department's streamlined site plan review process. Furthermore, the Town must not require Shinn Vineyard, LLC to upgrade its interior roads to comply with Town highway standards, require the planting of screening or require drainage calculations to the Town Planning Board as part of its s;'te plan review process. The Department r~quests that the Town confirm within 30 days of the date of this letter that it will not impose such requirements and will otherwise use a streamlined site plan process. If steps to comply are not taken, the Department may take appropriate action to enforce the prov~sions of AML §305-a (1). The Departme~-.t a~.~precia:.es the Town's cooperatior, end efforts to resolve this matter and hopes that the rem[.ining issues will be resolved expeditiously. If you have any questions, please com. a~ me at (518) 457-2449. tf Supervisor Russell has any questions, he may contact Bob Seiners. Manager, Agricultural Protection Unit, at (51 ~) 457-2713. Sincerely, Danlelle C. Cor0ier Senior Attorney Hen. Marc S A es.-.i. Assemblymarv'/ Hen Scott A. Russell, Supervisor J ~nnifer Andaloro, AssisTant ~ A~omey Town of Southold Page 5 PAGE Martin H. Sidor, Chair, '?r. wn Planning Board Char!es ;~. Cud<~y, Esq B;~ara Shinn and Daw(~ Page, Shinn Vineyard. LLC ~;~: .%h,n~, Chair, Su;'~olk County AFPB F~ob~ P. aggerty. First D~puty Commissioner, Dept. of A&M J~y Co.~grove, De,ut,/Commissioner, Dept. of A&M F'.Jth A, Moore, <.;ounce, Dept. of A&M V¢itliam Kimball, Director APD$, Dept. of A&M Dr. Robert Somers, Dept. of A&M We also attempted to record the samples using an M-S system consisting of a Sennheiser MKH 30 and a MKH 40 pair of mics, with Aerco pre-amp and a Sony PCM M1 DAT (digital audio tape) recorder. Despite the usual high wind effect attenuation precautions we took, this operation was not generally successful because of the unusually high gusts obviating collection of consistently useful data during this test. We were, however, able to obtain brief moments of sound spectrum data that might be helpful and are included with this evaluation report. The following SPL measurements were made in relationship to the tower: Distance Wind Turbine "on" Wind Turbine "off" 20 ft. 50.1dBA 45.7dBA 50 ft. 49.3dBA 45.8dBA 100 ft. 46.9dBA 48.1dBA 150 ft. 44.2dBA 44.4dBA 200 ft. 44.1dBA 44.3dBA Bergey Windpower Noise Eval. Wild Sanctuary, Inc. 12 July 2001 2 I PAGE8 ~ THURSDAY, JUNE18,2009 J SUFFOLK TIMES I OUR VIEW Reality check time better late than never Last fall, when Southold Town Board members were wrangling with the 2009 operating budget, they trained their focus mucli more on expenditures than on revenues. Supervisor Scott Rus- sell framed the budget discussion by announcing that, just to tread water, the town would see a spending increase of nearly .25 p. ercent. His tentative budget called for a 13.8 percent spend- mg increase a proposal for which he caught a lot of flak in a lot of places, including this page, where we advocated keeping thb spending increase to 3 percent or less. The board, at the end of an agonizing six-week process, settled for a spending increase of just under 10 percent -- acknowledging that the budget would have to be revisited as 2009 wo~e on, and that layoffs or furloughs would almost certainly be on the table if revenues did not meet projtctions. And that's exactly what happened. So now, six months into 2009, even with the much-debated spending increase in place, the town is looking at a projected budget gap orS1 million, the amount by which actual revenues will fall short of the board's projections for the year. The town's mortgage tax revenues will be off by more than $460,000. Interest and earnings on the year are expected to faltabout $340,000 sltoff'~gtL'Arid solidwaste fees collected are off-course by more than $260,000. {S~ ~tory, p~ 1.] To make matters worse, the Fishers Island Ferry District's rev- enues account for an additional shortfall of nearly $832;000. And none of this takes depleted sales tax revenues into account, Sales tax collections are down this year compared to last. But the . town budget for 2009 actually shows a projected increase in sales tax receipts by $200,000 over the amount collected last year. So the budget gap is likely to grow even wider. As we said in November, "The board has to confront the 900-pound gorilla in the room: payroll." We predicted then that the necessary changes to employee benefits would not happen unless the town could gain negotiating leverage through layoffs. Well, the layoffs have begun. And union representatives are now willing to come to the table. Better late than never. For the sake of the families who depend on them, let's hope their meet- ing is fruitful. uffolit Times/Review Newspapers Corp. 7785 Main Rd.. Mattituck. NY 11952 Phone: (6311298-3200 · Fax: 298-3287 Mail: PO Box 1500, Mattituck. NY 11952 mailC~timesreview.com · www-timesreview, com CO-PUBLISHERS Denise Civiletti and Andrew Olsen CORPORATE OFFICERS Troy and Joan Gustavson EDITORIAL ADVERnSING ART DEPARTMB~T I YOUR VIEW SOUTHOLD A wind turbine clarification There seems to be some misun- derstanding regarding Southold's recently enacted wind energy code and my support for it. I actually helped draft the legis- lation that allows for wind energy technologies to be located on work- ink farms and actually support David' Page's application. I wrote a letter of support for his grant application and made several phone calls on his The wind code is actually quite permissive and only requires a 300- foot setback from.the property lines of neighbors' homes. Does a law that asks an owner, sometimes with 20 or more acres of land, to make every ef- fort to locate a 120-foot-high electric- generating turbine a fair distance from neighbors' homes seem unfair? Of course not, and when an applicant cannot meet that setback, the Zoning Board of Appeals will, I'm sure. ren- der a fair and reasonable decision. I hope Mr. Pa_ge receives the approval he sei~ks and agree that waiting five months for his case to be heard is frustrating and unfortu- nate. However. I feel that way for any applicant, and the one thing I could not do. and would not do, is order the ZBA to hear ins case first., ahead of all the other applicants who have been waiting months themselves for their application to be heard. Scott KusseU supervisor, Town of Southo[d NEW SUFFOLK Ease wind turbine restrictions · Approximately two years ago the Southold Town Board enacted legislation enabling the construc- tion of wind turbines on agricultural properties in the town. In spite of the vastly increased public interest in renewable energy sources, not one wind turbine has yet been erected in the town, and it is apparent that the language of the code enacted in 2007 is in no small part responsible. The present code states that in addition to the basic setback require- ment Iheight of the tower plUS 10 feet), the wind turbine must be locat- ed at least 300 feet from the property line of any neighbor whose property contains a residential structure. Since so many agricultural properties in the town are long and narrow "bowling alley" lots, this requirement makes it impossible for many farmers to erect wind turbines while complying with the code. We believe that ffthere is to be a setback requirement relating to a neighbor's residence, it should be phrased in terms of distance from the residence rather than from the property line. The code also limits the wind turbine to 25kw output, which in our opinion is an unnecessary restric- tion on the farmer. The technology of both solar- and wind-energy devices continues to improve; we therefore believe that restrictions on wind turbines should focus solely on the protection of public health and safety with particular reference to the.rights of neighboring property owners. Restrictions on height, construction and noise are fair and necessary, as is some sort of setback requirement. But once those requirements are satisfied we see no reason why farm- ers should be handicapped in taking advantage of improving technology. by a power output limitation in the Town Code. In light of the ingh level of public interest in renewable energy, we encourage the Southold Town Board to revisit the code to modify the 300- foot setback requirement and the limitation on power production. Bob Feger Southolo v~ce pres~aent. North Fork Env.ronmental Counc, CUTCHOGUE Cohabiting with piping plovers I have lived on the East End for most of my life, and am very happy to see the return of the piping plover to our beaches, proving that man can coexist with these birds. In case you haven't noticed, the piping plover protected area at the Nassau Point Causeway beach is enormous, taking up almost one-haft of the beach. In the past few years. this restricted area has become larger and has remained in place well into the fall months. According to the state DEC piping plover fact sheet, "... breeding starts in mid-March and.., all but a few stragglers are gone by early Septem- ber... "and that's when the fences should come down. which would en- able the "people" to have full access to the beach, cme of the great joys of living on the East End. Barbara Strang ORIENT Destination: GreenpoJnt Correct destination names are important. Here's a tree story. Back in the 1950s I would take the early Sat- MORE LETFERS NEXT PAGE I.£~AL$, From plevio~s page LEGAL NOT1CE NOTICE OF PUBLIC HEARING, BUDGET VOTE AND ELECTION GREENPORT SCHOOL DISTRICT SUFFOLK COUNTY, NEW YORK NOTICE IS HEREEY GIVEN, ~h~t i.A small wind energy system shall be set back from a property line a distarlce no less than the total hei~,ht, of small wind energy system plus reft (10) fe~, iii. A small wind energy system shall be set-back from the nearest public road a distance no less than the total height of the small wind energy system, plus ten (10) feet, and in no instance less .than one h[~ndr.ed (100) feet. follows: LOCAL LAW NO. 20fl'~ [k Tim_es. April 19, 2007. i. A small wind energy system shall be set back from a property line a dis.. tance no less than the total height of . the small wind energ, y plus ten (10) feet, .except that it shall be set back at least three hundred ~300) feet fi'om a proper ty line bordering an existing residential structure. In no instance'shall the small wind energy system be closer than one hundred feet (100) to a property line. LEGALS.,, From previous page portun}ty to be heard. NOW THERE- FORE BE IT RESOLVED that the Town Board of tile Town of Southold finds that this Local Law is CONSISTENT with the Suffolk Times · August 2, 2007 · 43 Bergey Turbines Really are "Tornado Tuff' -p. t Probably the main reason that Bergey WindPower is the world's leading supplier of small wind turbines is that our turbines have proven to be more rugged and reliable than those of our competitors. For example, Bergey turbines are often used to replace turbines from other manufacturers that have failed. Most small wind turbines work fine until the storms come. Then the weather sorts out the weak from the strong. Our turbines are more rugged and reliable because we have carefully engineered them for reliability. But then we had too ... ,,~ where we are located. Bergey WindPower is headquartered in Norman, Oklahoma, right in the heart of "Tornado Alley." In fact, the National Severe Storms Lab for tornado research is located two blocks from Bergey WindPower. The famous tornado chasers, featured in the movie "Twister", operate out of this facility. By coincidence part of the movie "Twister" was actually filmed just a block from Bergey WindPower. September, 1992 - Norman Airport We get severe thunderstorms quite regularly and a lot of tornados. For example, the deadly Moore, Oklahoma tornado of May 3, 1999, which killed 36 people, passed just a few miles north of Bergey WindPower. One of our 10 kW turbines, as shown below, was almost directly in the path of this tornado. These terdble storms have actually helped us to develop more rugged and reliable products. We have a test site at the factory and we have over 150 turbines in the area. These units experience some of the worst weather conditions that Mother Nature has to offer. In the sections below we offer a few stories of these experiences. In the late evening of Sept. 5, 1992 a tornado of unknown strength passed through the airport in Norman, Oklahoma, where Bergey W~ndPower's factory and test site are located. The picture above shows the damage to a warehouse building at the airport. Notice the wind turbine to the left, ~ 100m (~ 330 ft) behind the destroyed warehouse. This Bergey 1 kW unit (located at the BWC factory) operated unattended and safely through the storm. August, 1993 - Home of Jim & Mary Driscoll The photo above shows several of the 20+ small planes destroyed in the Sept. 1992 tomado. These planes were approximately 400 meters (1300 ft) from the Bergey 1 kW wind turbine. All the planes were tied down to the concrete apron, but the winds were strong enough to break the planes loose and roll them down the apron. http:/Poergey.com/Tomado.htm In August, 1993 the home of Jim & Mary Driscoll located 8/27/2009 Tornado-Tuff Page 2 of~ East of Norman, Oklahoma was heavily damaged by a tornado. The second story of their home, including the entire roof, was totally destroyed. In fact, much of the roof was found ~ 200 m (~ 650 ft) from the house. The Ddscoll's 10 kW Bergey ExceI-S wind turbine was ten years old at the time. It operated through the storm and was selling power to the local utility when this photo was taken the next day. The Driscoll's turbine, now 19 years old, is still operating today. May, 1999 - Home of Delbert Thornhill On Monday, May 3rd, 1999 an F5 tornado (see NOAA definition below), the most severe and destructive class of tornado, tore through Moore, Oklahoma, approximately 6 miles North of BWC's factory. This tornado destroyed thousands of homes, did $1.5 billion in total damage, and killed 36 people. "1 had only been down in my storm shelter for a minute when I heard this awful racket. I peeked out the door, and the building was gone." Delbert Thornhill, of Moore, describing the destruction of his garage. His Bergey ExceI-S wind turbine, installed in 1985, stands 20 feet away on an 80 ft. self-supporting tower. NOAA Definition for an F5 Tornado: Category F$: Incredible Damage (261- 318 mph); Strong frame houses lifted off foundations and swept away; automobile sized missiles fly through the air in excess of 100 meters (109 yards); trees debarked; incredible phenomena will occur. ***IMPORTANT NOTE ABOUT F.SCALE WINDS: Do not use F-scale winds literally. These wind speed numbers are estimates and have never been scientifically vedfied. Different wind speeds may cause similar-looking damage from place to piace---even from building to building. Without a thorough engineering analysis of tornado damage in any event, the actual wind speeds needed to cause that damage are unknown. The wind turbine suffered some damage to its tail and ~ blades from flying debris. The photo on the left above shows the turbine the following day. Debris from the destroyed garage can be seen at the base of the tower. The photo on the right shows the fused disconnect switch box at the base of the tower. Notice the piece of wood which has pierced the steel enclosure of the switch box. This indicates that the local wind speed was probably in excess of 220 mph. Behind the switch you can see one of the homes destroyed by the tornado. The blades, tail fin, and disconnect switch were replaced and the wind system was put back in service within a week. Click here for more information on Tornadoes http://bergey.com/Tomado.htm 8/27/2009 § 280-13 (~) ZONING § 280-13 '- ...... (b) The winery shall be on a parcel on which at least l0 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner;, (c) The winery structures shall be set back a minimum of 1130 feet from a major road; and (d) The winery shall obtain site plan approval. (5) Small wind energy systems on parcels greater than seven acres in size, which k,~.~Jparcels are dedicated primarily to Uses necessary for bona fide agricultural l~roduction, and subject to the standards provided in Chapter 277 of this Town Code. [Added 7-17-2007 bY L.L. No. 15-2007] Uses permitted by special exception by the Board of Appea s. The fo Iow ng uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two-family dwellings and the uses set forth in Subsection B(14) hereof, are subject to site plan approval by the Planning Board: [Amended 12-21-1993 by L.L. No. 27-1993] (1) Two-family dwellings not to exceed one such dwelling on each lot. (2) Places of worship, including parish houses (but excluding a rectory or parsonage, which shall conform to the requirements for a one-family dwelling), sul~ject to the following requirements: (a) No building or part thereof shall be erected nearer than 50 feet to any street line dud nearer than 20 feet to any lot line. (b) The total area covered by all principal and accessory buildings shall not exceed 20% of the area of the lot. (3) Priyate elementary or high schools, colleges and other educational institutions, subject to the following requirements: (a) No building shall be less than 50 feet from any street or lot liue. (b) The total area occupied by all principal and accessory buildings shall not exceed 20% of the area of the lot. (c) Any school shall be a nonprofit organization within the meauing of the Internal Revenue Act and shall be registered effectively thereunder as such. (d) Any such school shall occupy a lot with an ama of not less than five acres plus one acre for each 25 pupils for which the building is designed. (4) (5) Nursery schools. Philauthropic, eleemosynary or religious iustitutions, health care. coutinuing care 'and life facilities, but excluding facilities for the treatment of all types of drag addiction, subject to the following requirements: [Amended 12-27-1994 by L.L No. 30-1994; 11-12-1996 by L.L. No. 20-1996] 280:31 10- ~s- 2o07 I h'VAC EQUIP NEW ~ EXISTING ZONING COMPLIANCE - TOWNSHIP OF SOUTHOLD 2000 OREGON ROAD, MATllTUCK NY 11952 MINIMUM REQUIREMENTS FOR SINGLE FAMILY DETACHED DWELLING IN AGRICULTURAL CONSERVATION (AC) DISTRICT PROPOSED USE: OWNER OCCUPIED BED & BREAKFAST T.__~(,.DG, A & B SPECIAL EXCERTION RECEWEC ITEMS: PROVIDED REQU~-!ED VARIANCE PARCEL 2 PARCEL 1 +2 LOT SITE (SQUARE FEET) 80,000 53,078 979,598 LOT WIDTH (FEET) 175 141.5 635.9 LOT DEPTH (FEET) 250 267 1492.8 FRONT YARD (FEE~ 60 35.5 35.5 YES SIDE YARC (FEET) ,,, BOTH SIDE YAROS (FEET) 45 94.8 587.8 REAR YARD (FEET) 75 140.3 1405~3 .. ,,MAXIMUM PERMITTED DIMENSIONS (SQ. FT.): ...... A) EXISTING Ist FLOOR 1,014 ,,, B) PROPOSED 1 st FLOOR ADDITION 1,240 EXISTING PORCH 271.3 PROPOSED PORCH 146.1 PROPOSED DECK ..... 360 C) EXISTING 2nd FLOOR OF BLDG. A 990 D) PROPOSED 2nd FLOOR ADDITION OF BLDG. B 707 E) EX. AGRICULTURAL STORAGE BARN FUTURE WINE STORAGE BARN 2,730 F) EX AGRICULTURALSTORAGE BARN FUTURE WINE MAKING BARN 974 G) EX. AGRICULTURAL STORAGE BARN ' FUTURE WINE TASTING ROOM 872 EXISTING DECK ' 288.8 PROPOSED DECK .... 47.5 H) EXISTING ACCESSORY BLDG. 884,1 ~ I) EXISTING FRAMESHED 206.1 LOT COVERAGE (PERCENT) 2'"'~'-7% ~ A+B+E+F+G+H +~ : 16.6% 8833,g 0.9% 8833,9 MIN. LIVABLE FLR, AREA (SQ. FT/DWELLING UNIT) -- 1 +2 850 3,540.9 1.) EX/STING + PROPOSED let FLOOR 2,057.2 2.) EXISTING + PROPOSED 2nd FLOOR 1,483.7 BUILDING HEIGHT (FEET) 35 25'-0 3/4" NUMBER OF STORIES ~ 21/2 2 BED AND BREAKFAST- B 4 SINGLE FAMILY DWELLING ~ -A&B 2 2 WINE STORAGE BARN - E (1:1000 SQ. FT.) 3 4 WINE MAKING BARN - F (1:1000 SQ. FT.) I 2 WINE TASTING ROOM o G (1:200 SQ. FT.) 4 6 ACCESSORY STORAGE BLDG - H (I :i000 SQ. FT.) TOTAL (i ACCESSIBLE SPACE REQ'D) ~ 5 19 PROPOS 1" = 100' / / 1,2' 12' 24' $67°34'12"W 135.94' Lo, nd no~ of' Formerltj o¢: govld Pocle Borboro 5hln~ oed To~n oF 5ou[hold MONUMENT FOUN~> AREA = ~I~-AF>I-IIG ~'C, ALE I"= 53.85' Lc~qd Nov,t or' I:or~, ,~1~ ot:, t~ ~ H p<m-ms L.~-.' JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 RIVERHEAD, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqservefipmsk90S~98-270a.pm Installation Manual BWC EXCEL Wind Turbine and Self-Supporting Lattice Towers Revision 2.0 August 5, 2003 Bergey Windpower Co. 2001 Priestley Ave. Norman, OK 73069 TEL: 405-364-4212 FAX: 405-364-2078 C. The length of the wire run. The longer the wire run the larger and more expensive the wire that is required to conduct the electricity with acceptable losses. As a general rule, wire runs over 200 meters (650 ft.) if buried or 400 meters (1,300 ft.) if installed overhead should be avoided four econo--c_ reas~ons. Longer runs can be accommodated with a set of step-up/stel>down transformers, but the costs are quite high. A chart showing recommended wire size based on turbine type and length of wire run is included on Appendix Page 10 of this manual. For a grid-connect system it is best to keep the wire run between the inverter and the utility grid as short as possible; try to cover most of the distance with the tower-to-inverter wiring section. BWC EXCEL Installation Manual. SSV Tower 15 FINAL REVIEWE SEE ! DATED gure ower Elevation and Schedule 15 ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net FROM: Elizabeth A. Neville DATED: May 11, 2009 RE: Zoning Appeal No 6308 Transmitted herewith is Zoning Appeals No. 6308 Shinn Vineyard, LLC the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Application's Project Description Dated April 18, 2009, Questionnaire Dated May 4, 2009, Agricultural Data Statement Dated May 4, 2009, Transactional Disclosure Form Dated May 4, 2009, Property Record Card(3 Pages), Notice of Disapproval Dated April 8, 2009, Building Permit Dated March 26, 2009, (2 Pages), 13 Pages of information from Green Logic Energy, 3 Pages of Installation Manual from BWC Excel Revision August 5, 2003, Photos (2 Pages), Survey of Property Survey Date June 16, 2003 Town Of Southold P.O Box 1179 Southold, NY 11971 Date: 05/07/09 * * * RECEIPT * * * Receipt~: 47616 Transaction(s): 1 1 Application Fees Reference Subtotal 6308 $400.00 Check#: 2828 Total Paid: $400,00 Name: Shinn, Vineyards 2000 Oregon Road Mattituck, NY 11952 Clerk ID: CAROLH Internal ID: 6308 Gera~d P. Goehfingeg Clmirman James Dinizio, Jr. Lydi~ A. Tonora Lora S. Collins George Homing BOARD OF APPEALS TOWN OF SOUTHOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 FINDINGS. DEUBERATIONS AND DETERMINATION MEETING OF OCTOBER 19, 2000 .,AppL NO? ~4~6~ ~.- SH1NN VINE~ARD.,INC./BARBARA SHINN 1000-'100-4-3 ST~ET&:!4OC~T~ON:' 2f~O0:-~'rago~/P. cad, Ma~ck DArrE OF PUBLIC HEARING: October. 19, 2000 FINDINGS OF FACT PROPERTY FACTS/DESCRIpTION; The applicant's property is located on the south side of Oregon Road in Mattl~.Jck. The properly is 22 acres with 642.98 ffl of road frontege. A.survey sketch, altered by S'~anley Isaksen, Jr., shows the Development Right Easement areas of approxinlateiy 20 ac'ms, A se~arete land designatlon, shown aS the owner's 1.826 acres, is imoroved with a d~,~ellrtlg and farm buildings. The entire acreage is owned by the applicant. BASIS OF ApPEtC..ATION: Building Inspectors July 21 2000 Notice of Dicappr0vel for the reason that applicants' pr0p~s~kt shower facilty in the exst ng ~)am constitutes a second dwelling on a single parcel under Article 11[ Section 100-31A(1/ of the Zoning Code. AREA VARIANCE RELIEF REQUESTED: Applicant was disapproved in her application to the Building Department for an amendment to Building Permit No. 26038 for a shower facility in an accessory buildldg. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board make the following findings: dwelling I~ed ¢~1 (the' subject propei~; this dwelling is rented. The accessory agricultural building is b~d ~sdiel~ for th~.care and maintenance of wine grapes planted on the property, and proposed sho ~ facility which is the'subject of this variance is to be used solely for agdculturel staff. No change in 'the appearenco of the character of the neighborhood will result from this variance, (2) The,benefit sought by'the~pplicant cannot be achievee by some method feasible for the applicant,to,pursue, other than an area variance, because the applicants rent the principal building and do not have use of a shower after pesticide application to the wine grapes as reouired by the Envirenmenta[ Protection Agency standards. (3) The variance granted is not substantial because the agricultural building will remain an accassory building ano in no event shall ~t be used for sleeping quarters or other habitable purposes. (4) The difficulty has been in part self-created because the applicants are unable to use the shower in the priacipal building because it is rented. (5) No evidence vas presente~ t~ suggest tt-~. t the variance granted will have an adverse effect or impact on physical or environmental ~0nditions. The action set forth below is the minimum necessary and adequate to enable applicants to meet the requirements of Environmental Protection Agency standards by installing a shower facility in the barn building, white preserving and protecting the character of the neighborhood anct the health, safet~ and welfare of the community. RESOLUTION/ACTION: On motion by Member Goehringer (Chairman), seconded by Member Dinizio it was RESOLVED, to GRANT the va~ance as applied for. VOTE OF THE BOARD: AYES: Memt~ers Goeh~inger (Chairman), Dinizio, Tortora, Collins. [Member Homing of Fishers Island was absent-during this reso~ Th~s Resolution was duty Lydia A. Tortora, Chairwoman Gerard P. Goehfinger George Homing Ruth D. Oliva 'v-m cent Orlando Appl. No. 5339 - SH[NN VINEYARD, INC./DAVID PAGE STREET & LOCATION: 2000 Oregon Road, Mattituck "~' ~ ~'" Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 119714)959 ZBA Fax (631) 765-9064 Telephone (631) 765-1809 http://southoldmwn.uorthfork.net BOAm~ OF A~e~S RECEIVE0 ~--/-~-~ TOVv'N OF SOUTHOLD FINDINGS, DELIBERATIONS AND DETERMINATION /~;~0 F)/Y] MEETING OF JULY 10, 2003 --. j~tJ(~ 4 ~D03 1000-100-4-3 ~1~, ,~ n. outhold Town Clark FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's property has 142.98 ft. frontage along the south side of Oregon Road in Ma~tituck, and is shown as 1.219 acres, or 53,078 sq. ft. on the survey prepared by John C. Ehlem, L.S. dated 6-16-03. The proped;y is improved with a dwelling and farm buildings, and to the west and south ars other lands of the applicants consisting of 20+ acres within a Town of Southold Development Right Easement area. BASIS OF APPLICATION: Building Inspector's February 28, 2003 Notice of Disapproval, amended March 5, 2003, for the reason that applicants wish to demolish an existing nonconforming accessory 18' x 31' building and construct a new accessory 24' x 36' equipment storage building with a 12 ft. side yard setback, instead of the minimum 20 feet required under Code Section 100-31A(2-c). AREA VARI/~,ICE RELIEF REQUESTED: Applicants were disapproved in their permit application to the Building Department for a new 24' x 36' accessory building in the rear yard, south of the two- story frarne dwelling, and with a setback of 12 feet from the easterly side lot line. The new building ks an accessory structure for storage of applicants' equipment and items related to the dwelling and agricultural uses of the property, and will be placed in the same yard area as an existing nonconforming building located 0.7 feet from the side line. REASONS FOR BOARD ACTION: Based on the testimony and record before the Board and personal inspection, the Board makes the following findings: (1) The grant of an area vadance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The proposed new construction measures 24 feet by 36 feet and is a result of a demolition of the existing accessory building, prssently 0.7 feet from this eastody side property tine. The new construction will be an increase of the 0.7 ff. setback to 12 feat to the side line. The property adjacent to this property is a cultivated farm field. (2) The benefit sought by the applicant cannot be achieved by some method feasible for the applicant to pumue, 6ther than an arsa variance. This is reconstruction of an existipg nonconforming agifcultural building which will result in an incrsase of conformity. Also, access[to the building will be from the south end of the building, in order to avoid removal of vines add nearby landscaped areas. ; (3) The rsquested area variance is substantial and rspresents an eight-foot rsduction in the minimum 20 ft. code requirsment. ~ P~e 2- July 10, 2003 ZBA Appl. No. 5339- Shlnn Vine~ard/D. Page Parcel 100-4~ at Matlituck (4) The difficulty was self-created when the applicant chose to build a new building with access on the south side of the building. (5) No evidence was presented to suggest that the vadance granted will have an adverse effect or impact on physical or environmental conditions. Another accessory building exists further south with setbacks at 10 feat and 13 feet from the eastedy side lot line. (6) The action set forth below is the minimum necessary and adequate to enable applicants to remove the existing nonconforming building and build a new accessory building, while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION/ACTION: On motion by Member Orlando, seconded by Member Goehringer, it was RESOLVED, to GRANT the variance as applied for. VOTE OF THE BOARD: AYES: Members Tortora (Chairwoman), Goehrlnger, Oliva, and Orlando. (Absent was Member Horeing of Fishers Island,) This Resolution was duly adopted (4-0). LYDIA/J*,'~ORTORA, ~:HAIRMAN Approved for Filing 7- -03 APPE~tLS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard E Goehringer James Dinizio, Jr. Michael A. Simon Leslie Kanes Weisman http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF $OUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold. NY 11971 RECEIV;'D FINDINGS, DELIBERATIONSMEETiNG OF MARcHAND DETERMINAT1ONg, 2006 Soutiio~( ~~d~ ZB File No..$836-A (Variance) and $836-B (B&B) - BARBARA SHINN; SHINN VINEYARD, LLC Property Location: 2000 Oregon Road, Mattituck CTM 100d~3.1 (or 3) SEORA DETERMINATION: The Zoning Board of Appeals has visited the properly under consideration in this application and determines that this review falls under the Type II category of the State's List of Actions, without an adverse effect on the environment if the project is implemenled as planned. PROPERTY FACTS/DESCRIPTION: The applicant's 21-acre parcel consists of 20+ acres with a Town of Southold Development Right Easement area and 1.2+- acres applied to the applicant's single-family dwelling use, as shown on the survey prepared by John C. Ehlers, L.S. dated 6-16-03. FiNDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on March 2, 2006, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the properly, and other evidence, the Zoning Board finds the following facts to be true and relevant: BASIS OF APPLICATIONS: Building Department's December 19, 2005 Notice of Disapproval, citing Section 100-32 in its denial of an application for a building permit to construct a proposed addition at the eastern side of the existing dwelling, for the reason that the new construction at the front of the dwelling will be le~s than the code-required 60 feet from the front yard lot line. Also, Zoning Code Section 100-31B(14). APPLICANT'S REOUEST$: 5836-A: AREA VARIANCE: The applicants are proposing an addition at the front of their home for new porch areas. The northwesterly corner of the new porch addition will be 35' 6" at Its closest point, and the southwesterly corner wlil be 39 feel to the front yard lot line facing Oregon Road. 5836-B: SPEC/AL EXCEPTION: The Applicant-Owner, Barbara Shinn as suie member of Shinn Vineyard, LLC requests a Special Exception pursuant to Article HI, Section 100-3lB, sub-section 14 of the Zoning Code, to establish an Accessory Bed and Breakfast within the existing principal building. The applicant Barbara Shinn resides with her husband David Page, in tho dwelling, ns a single-family dwelling under the Building Department's Certificate of Occupancy No. Z26149 dated 11/08/1998. Page 2 - March 9, 2006 ZB File No. 5836 - Barbara Shinn; CTM No. 10C~3.1 AREA VAmANCE Vineyards LLC 1) Grant of the variance will not produce an undesirable change in the character of the neighborhood, or be a detriment to nearby properties. The property is improved with agricultural production (vineyards and a winery), a dwelling, several out buildings and accessory garage. There are variable setbacks for the older homes that existing in the immediate area. 2) The Only area of construction which requires relief under the 60 ft. code setback restriction is for a new porch, replacing the existing porch which is 39 feet from the front yard lot line, and that portion which extends for the gazebo, reducing the existing setback from 39 feet to 35.5 feet, at its clusesl point. 3) The benefit sought by the applicant cannot be achieved by some other method, feasible for the applicant to pursue, other than an area variance, because house Was built in its present nonconforming location more than 50 years ago. 4) Although the over setback is 40% less than the code's requirement for a 60 ft. front setback, the relief amounts to only a 3.5 ft. reduction on the westerly end, to allow for a gazebo, while the remainder of the porch will maintain the existing 39 ft. setback. 5) No evidence has been submitted to indicate that the proposed variance will have an adverse effect or impact on the physical or environmental conditions in the neighborhood, or district. 6) The difficulty to e'onstruct is not self-created and is related to the narrowness of the parcel. 7) The relief granted is the minimum determined necessary and adequate for enjoyment of an addition to a single family dwelling, while at the same time protecting and preserving the character of the neighborhood, as well as the health, safety, and welfare of the surrounding community. SPECIAL EXCEPTION In considering this application, the Board has reviewed the code requirements set forth pursuant to Article HI, Section I00-31B(13) to establish an Accessory Bed and Breakfast and finds that the applicant complies with the requirements for the reasons noted below: 1. Barbara Shinn, the applicant herein, has been an owner of the property since January 5, 1999, and as the only member of Shinn Vineyards LLC, will continue to occupy same as her principal residence while the accessory bed and breakfast facilityris managed and operated. 2. The applicant's Plans comply with the on-site parking requirements and provide for a minimum of six (6) parking spaces, two for the principal single-family use and four for the Accessory Bed and Breakfast. 3. The applicant complies with the requirements of a dwelling unit as defined in Section 100-13 of the Zoning Code. 4. The Accessory Bed and Breakfast, as applied for, is reasonable in relation to the District in which is located, adjacent use districts, and nearby and adjacent residential uses. 5, The Special Exception use is aeeessory to the principal use and will not prevent the orderly and reasonable use of adjacent properties. 6. This accessory use will not prevent orderly and reasonable uses proposed or existing in adjacent use districts. 7. No evidence has been submitted to show that the safety, health, welfare, eomfurt, convenience, order of the Town would be adversely affected. Pg 3 - March 9, 2006 ZB File No. 58;~6 - Barbara Shinn CTM No. 100..~3.1 1inn Vineyards LLC 8. This zoning use is authorized by the Zoning Code through the Zoning Board of Appeals, as noted herein, and a Certificate for Occupancy from the Building Inspector is a cede requirement before an Accessory use may be occupied. 9. No adverse conditions were found after considering items listed under Section 100-263 and 100-264 of the Zoning Code. 10. A Certificate of Compliance or similar document will be necessary for issuance by the Building Inspector certifying that the premises conforms to Ch. 100 of Zoning for an Accessory Bed and Breakfast use. RESOLUTION: On motion by Member GochHnger, seconded by Chairwoman Oliva, it was RESOLVED, to GRANT the Special Exception application for an Accessory Bed and Breakfast, to be used only in conjunction with applicant-owner's residence, as applied for, SUBJECT TO THE FOLLOWING CONDIT/ONS: 1. Owner(s) shall occupy this single-family dwelling as her/their principal residence. 2. There shall be no backing out of vehicles onto the street. A small 2x1' sign shall be posted at the parking area(s) stating "There shall be no backing out onto Oregon Road". 3. There shall be a flexible chain ladder properly installed for the second-floor bedroom areas. 4. A Certfiicale of Occupancy or written compliance document shall be obtained from the Building Department before occupancy of the Accessory B & B; and BE IT FURTHER RESOLVED, to GRANT the Variance as applied for, as shown on the December 15, 2005 plans prepared by William Blalasky, Architect (BD-1, A-l, A-2. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey gite maps, are not authorized under this application when involving nonconformities under the zoning code. This a~tion 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. Vote of the Board: Ayes: Members Oliva (Chairwomen), Goebringer, Simon, and Weismon. (Member Dinizio absent.) This Resolution was duly adopted~ ~)~,,/ was RUTH D. OLIVA, CHAIRWOMAN 4/17/06 JOHN C. EHLERS LAND SURVEYOR ~URVE¥ ©~ .~ITUATE~ MATTI"~.,K .~/FFOLK ~ggNl'Y, N'r' ........................ R~O~ NEWS RELEASE United States Depa~ment of Agriculture · Rural Development 441 S. SalinaStreet.5thFIoor-Suite357-Syracuse, NY 13202-2425 NOV 0 Phone: (315) 477-6436 · Fax: (315) 477-6438 · TDD: (315) 477~447 · Web: http://www rurdev usda qov/ny BOARD OF APPEALS FOR IMMEDIATE RELEASE Media Contact: Tim Jones (315) 477-6436 timothy.iones~ny.usda.gov USDA RURAL DEVELOPMENT AWARDS MORE THAN $965,000 TO 12 NEW YORK RENEWABLE ENERGY AND ENERGY EFFICIENCY PROJECTS Agency's Total 2009 Renewable Energy Investment in New York Nearly $1.4 Million SYRACUSE, N.Y., Sept. 29, 2009 - The U.S. Department of Agriculture Rural Development agency has awarded 12 New York farms and businesses a total of $965,679 for renewable energy and energy efficiency projects. The funding came through USDA's Renewable Energy for America Program (REAP), which provides grants and loan guarantees to farms and rural small businesses for renewable energy systems, energy efficiency improvements, feasibility studies and energy audits. The program requires matching funds on the part of the farmer or business owner and grants are limited to 25 percent of a project's total costs. Loan guarantees can cover up to 75 percent of project's costs, which is also the limit for those who receive both grants and loan guarantees. The New York awards were funded through Rural Development's annual state allotment for renewable energy projects and raises the total REAP investment in New York to more than $1.4 million. Last week, 27 New York projects received more than $440,000 in REAP funding from Rural Development's national office. "Like all of our grant programs, REAP is extremely competitive and I congratulate our New York recipients on their success," said Jill Harvey, State Director for USDA Rural Development in New York. "All of these projects are helping rural small businesses and farmers reduce energy consumption or develop sustainable energy systems, which will provide both economic and environmental benefits. The 12 projects fell into four categories: solar photovoltaic systems and wind turbines, which are used for electricity generation, energy-efficient grain drying systems, and one innovative aerobic composting system at KA Sunset View Farm LLC in Schaghticoke in Washington County. KA Sunset View Farm will receive a $203,700 grant and $229,599 loan guarantee for its project, which heats water by capturing the heat from decaying compost. Wind turbine projects, their locations and grant amounts are: Shinn Winery, LLC, Mattituck, Suffolk County, $23,375. · Cross Island Farms, Wellesley Island, Jefferson County, $22,500. · Rodney Weaver, Hastings, Oswego County, $21,918. · Thomas Trinder, Fabius, Onondaga County, $22,611. Committed to the future of rural communities. USDA is an equal opportunity provider, employer and lender. To file a complaint of discrimination write: USDA, Director, Office of Civil Rights, Washington, DC 20250-9410 ~.~ / 0 {- ~ or call (800) 795-3272 (voice), or (202) 720-6382 (TDD), RECEZVEO .~ 0 BOARD OF APPEAL~ Solar photovoltaic locations and amounts are: · Twin Oaks Dairy, Tmxton, Cortland County, $80,908 grant and $150,000 loan guarantee. · Hepworth Farms, Milton, Ulster County, $44,500. · Bridle Hill Farm, Jeffersonville, Sullivan County, $28,500. · Thunder View Farms LLC, Grahamsville, Sullivan County, $29,313. · Harmony Hill Dairy, Utica, Oneida County, $49,978. Energy efficient grain-drying projects are: · Zeliff Farms Partnership, Middleport, Orleans County, $32,743. · Mushala Farms, Cassville, Oneida County, $26,034. USDA Rural Development's mission is to increase economic opportunity and improve the quality of life for rural residents. Rural Development fosters growth in homeownership, finances business development and supports the creation of critical community and technology infrastructure. Further information on rural programs is available by calling the state office at (315) 477-6400 or by visiting USDA Rural Development's web site at http://www.rurdev.usda.gov/n¥. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, OCTOBER 29, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 200 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, OCTOBER 29, 2009: 12:00 P.M. BARBARA SHINN # 6308 (Hearing reopened as per Board Resolution). Request for Variances from Town Code Chapter 277, Section 277-3B(1), based on the Building Inspector's April 8, 2009 Notice of Disapproval stating that the proposed wind turbine is not meeting the code requirement for a minimum distance from a property line, total height of the small wind energy system plus 10 feet, except that it shall be set back at least 300 feet from a property line bordering an existing residential structure. The proposed location is shown 136.5 feet measured easterly to other land identified as CTM 1000-100-4-4; zero feet from the applicant's agricultural land along the west, and +1- 18 feet from the applicant's agricultural land south of the wind turbine. The applicant's properties are shown with an area of 1.2 acres, or 22.49 acres with both the applicant's single-family dwelling and agricultural lands. Location of Property: 2000 Oregon Road, Mattituck; CTM 1000-100-4-part of 3 (now 3.1 and 3.2) and 1000-100-4-4. The Board of Appeals will hear all pemons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Linda. Kowalski@Town.Southold.ny.us. Dated: October 5, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY t 1971-0959 #9494 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) OCT 2. 0 2009 Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successively, commencing on the 15th dayof October, 2009. , Principal Clerk Sworn to before me this day of NDfARY PUBLiC-STATE OF NEW YORK NO, Ol-V06105050 ~ a!ifled in Suffolk Couf~ty LEGAL NOTICE SOUTHOLD TOWN ZONING BOA'RD OF APPEALS THURSDAY, OCTOBER 29, 2009 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hear- ings will be hell by the SOUTHOLD TOWN ZONING BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on THURSDAY. 9:40 A.M. BABS CORP. g 6284 (car- ryover fi.om 6/25 and 8/27 for more in- formation)· Property Location: 13105 Main Road, Mattituck; CTM 140-3-39. 9'.50 A.M. KEVIN and BE~FY ANN MORRIS 06328. Request for a Vari~ ance under Section 280-124 based on the Building Inspector's May 27, 2009 No- tice of Disapproval concerning additions and alterations (to the existing single- family dwelling) wllch will be less than the code-required minimum setback of 10 feet on a single sid~ yard, at 435 Oak Street, Cutchogue; CTM 136-1-27. 10:00 A.M. KATHRYN FARRAND- MOONEY g 6325. Request for a Vari- ance under Section 280-122A and ZBA Zoning Interpretation g 5039, based on the Building Inspector's July 9, 2009 No- tice of Disapproval concerning an appli- cation for a building permit to construct renovations and additions to the existing dwelling, for the reasons that the new construction will create a new noncon- formance with regarding to a single side yard at less than 15 feet, and total side yards at less than 35 feet. (Note:This lot appears to be between 20,000 and 30,000 · square feet after deleting the land below the bluff or bank of Little Peconic Bay.) Location of Property: 1769 Smith Road, 10:.15 A.M~ LORRAINE PARRA # 6324. Requests for Variances under Section 280-124 based on the Building Inspector's July 8, 2009 Notice of Dis- approval which states that the new ad/ dition/alterafion (to the existing single family dwelling) will be less than the code-required minimum of 35 fa~t and will exceed the maximum lot coverage of 20%, after creating new habitable floor space on this +/- 2,475 square foot lot, at 970 Seventh Street, Greenport; CTM 1000-48-2-19. 10'30 A.M..ION and SENNIFER SHIPMAN #6327. Request for a Vati- ance under Section 280-I24 based on the Building Inspector's June 17, 2009 Notice of Disapproval concerning an ad- dition to the existing single-family dwell- ing with a fi.ont yard setback at less than the code-required 50 feet,at 4745 Elijahs Lane, Matfituck; CTM 1000-1004-11. 10'45 A.M~ S3[~VE and OLGA TENEDIOS # 6323. Location of Prop- erty: 17327 Main Road (private right-of- way), Lot 6 on a Map of Brllnn Gloid By the Sea, East Marion; CTM 1000-23-1- 14.10 adjacent to the Long Island Sound. Requested are Variances under Sections 280 15(C and F), based on a builling permit application and the Building In- spector's Notice of Disapproval dated July 7. 2009 concerning the following proposed new construction: A) The proposed garage with pergola structure is not permitted: 1) with a setback less than 55 feet from the front yard line along the right~ of-way; 2) in a side yard when a front yard or rear yard location is code-required on a waterfront parcel; 3) with a size that exceeds the code limitation of 750 square feet; B) The proposed accessory pool building is not permitted: 1) with a size that exceeds the code limitation of 750 square feet; 2) with dormer proposed in excess of the code limitation of 40% of roof width; C) The proposed swimming pool · is not permitted in a side yard when a front yard or rear yard location is code required. 11:05 A.M. CHRIS MESKOURIS # 6326. Request for Variances under Sec- tion 280-124 based on the Building In- spector's revised July 16, 2009 Notice of Disapproval concerning a new pergola and new patio (after removal of deck) with a setback at less than 10 feet on a single side yard, less than 25 feet on to- tal side yarc[s, and exceeding the code limitation of 20% lot coverage on this 6,045 square feet lot (measured from the Coastal Erosion Line), at 1400 Sound Beach Drive, Mattitack adjacent to Long Island Sound; CTM 1000-106-1-35.1. 11:25 A.M. Appeal # 63!6 by LOUIS and LUBA CORSO, 13451 Oregon Road, Cutchogue, appealing Building Permit #34590 dated 4/8/09 a~d CO # Z-33674 dated 4/27/09 concerning an as-built agricultural hoop house for stor- age on property owned by TIMOTHY AND JEANNE STEELE at 13795 Or- egon Road, Cutchogue; CTM 1000-83- 12:00 P.M. BARBARA SHINN # 6308 (Hearing reopened as per Board Resolution). Request for Variances from Town Code Chapter 277, Section 277- 3B(1), based on the Builthng Inspector's April 8, 2009 Notice of Disapproval stat- ing that the proposed wind turbine is not meeting the code requirement for a miniim~m distance from a property line, total height of the small wind en- ergy system plus 10 feet, except that it shall be set back at least 300 feet from a property line bordering an existing resi dential structure. The proposed location is shown 136.5 feet measured easterly to other land identified as CTM 1000- 100-4-4; zero feet from the applicant's agricultural land along the west, and +/- 18 feet from the applicant's agricul- tural land south of the wind turbine. The applicant's properties are shown with an area of 1.2 acre& or 22.49 acres with both the applicant's single-family ~lweil- lng and agricultural lands. Location of lh:oper ty: 2000 Oregon Road, Mattituck; CTM 1000-100-4-part of 3 (now 3.1 and 3.2) and 1000-100~-4. The Board of Appeals will hear all per~ons, or their representatives, desir- ing to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each h~aring will not start earlier than designated above. Files are available for review daring regular business hours and prior to the day o1~ the hearing. If you h~ye questions, please do not hesitate to contact our office at (631) 765-1809, or by e-mail: Linda. Kowalski@Town. Southold.ny.us. Dated: October 6, 2009. ZONING BOARD OF APPEALS GERARD R GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Mare Road (Mailing/USPS~ EO. Box 1179 Southold, NY 11971~0959 9~94-1T 10/15 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SHINN VINEYARD, LLC # 6308 MAP #: 100-4-3.1 + 100-4-3.2 VARIANCES: SETBACKS & LOCATION REQUEST: NEW WIND TURBINE DATE: THURS, OCT 29th2009 12:00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Attachment A Excerpts from Sh nn Vmeya d and Farmhouse web site ~,A~.ddmgs ~nd Even~ Details and Fine Pdnt "Ij~ In~ernet Attachment A Excerpts from Shinn Vineyard and Farmhouse web site Re~ax w~th ~riends a~d enjoy some wine at cur tasting room. 2 Attachment A Events at Shian Estate Vineyurds and Farmhouse We bast weddings, receptions, wine dinners, tas6ng, cofferences and other event that suits your needs. All events can be tmlored to reflect your personal taste. Events ox wedding for groups of over 50 people are held outside under a tent provided by the client_ Smaller events ot weddings can be held in several prb,'ate areas on our estate including our tasting room, barrel cellur and winexy_ The cost of events tm the estate ranges fi.om a price per person cost rantging belween 20 dollurs for ~4~e tasting and tour mad up to $7~000 which includes 4 double occupancy rooms for 2 nights at SI'finn Estate Farmhouse and the exclusive use of ~e en6re property. A Rehearsal Dinner andlor Sunday Brunch can be offered to wedding parties and the rates can be tailored to your budget. We can accommodate up to 40 people for a rehearsal dinner and up to 70 people fox a bnmch. These meals would be prepated by our Ym-athouse kitchen under I~e direclio~u of Chef Da~4d Page_ Shim Estate Farmhouse does not cater weddings at ~3s time. Tents, tables; ft~xt~ wait sta~ and all other accessories ate provided by the diem We have an outdoor space where a teat can be placed_ It is adjacent to the -Aneyatcl, and fac-es the · e-,,~e~,. Most couples opt to bald the wedding ceremony in the vin~ urd~ and you ate wekome to do so at no additional cost. On Saturdays and Stra~ys, events can begin afl:er our tas~g room closes at 5:00 pm. If you would llke more information, you can eantact us at 631-804-0367. We can assace you that you and year guests x, gl be well laken care of by Sl~an Estate Vineyards and Farmhouse. Barbara S~n and Da~4d Page Shim Estate Vineyards and ~Farn~ouse O~ffice Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS ' TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Mailing Ad, ess: 53095 Main Road P.O. Box 1179 Southold. NY 11971-0959 TO: FACSIMILE TRANSMITTAL SHEET Date: TOTAL NO. OF PAGES 'INCLUDING COVER: SENDER'S TELEPltOHE NUMBER: 765-1809 (press 1 at voice recording) REFERENCE:: [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED [] .............. NOTES/COMMENTS: Please find attached copy/copies of the foUowing: Thank you. Sender's Initials:~ ~L0 ~F'n~t Floor, North Fork Bank 5437.5 Main Road (at Youngs Avenue) Southold, NY 11971 hRP://southoldtown.nortlffork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY I 1971-0959 FACSIMILE TRANSMITTAL SHEET TO: Fax # TOTAL NO. OF PAGES INCLUDING COVER: SENDER°S TELEPHONE NUMBER: 765-1809 (press I at v~ice recording) [] URGENT ~'~OR YOUR UPDATE [] PLEASE COMMENT I'-[ AS REQUE$TIgD [] NOTE~/COMMENTS: Thankyou. Sender's Initials: {~ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net October 1,2009 Re: Town Code Chapter 55 - Public Notices for Thursday, October 29, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before October 12th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to aI. JI owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailinq address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or durinq the hearing, providing the returned letter to us as soon as possible; AND not later than October 13th: Please either mail or deliver to our office your Affidavit of Mailing. (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later October 21st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your property for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office .before October 27, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) $outhold, NY 11971 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 FACSIMILE TRANSMITTAL SHEET TO: > hv ~ ~ ~ A~ ~ w,, # ~ 2~1- ~ ~ ~ - 0 ,21,~ g ~ / O / 01 ~T~ "O. OF PAGES INCLUDING COVE~ SENDER'S ~LEPHONE NUMBER: %5-18~ ~s I at voi~ [] URGENT [] FOR YOUR UPDATE [] PLEASE COMMENT [] AS REQUESTED HOYr:a/COMMENTS: Please find attached copy/copies of the follo~. Thank you. Sender's Initials: ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicants) CTM. Parcel#100~o/f ' 7- J - -X COUNTY OF SUFFOLK) STATE OF NEW YORK) RECEZVEo 'OCT ~ 3 2009 ~OARD OF APPEA/.~ AFFIDAVIT OF MAILINGS I, residing at , New York, being duly swom, depose and say that: On the C//W' day of 4:~2 .C~,, , ,2OO~,1 personally mailed at the United States Post Office in~ag~~ , New York, by CERTIFIED ( MAIL., RETURN RECEIPT REQUESTED, a tree copy of the attached Legal Notice ia prepaid envelopes addressed to current owners shown on the current assessment.roll verified fi`bm the official records on file with the ( i AsseSsors, or ( ) County Real Property Office' ., for every property which abuts and is across a pu,b. lic or ptivat~street, or vehicular right-of- way of record, surrounding the applicant s .property.// ' Sworn to before me this d? of OeeC- (Notary Public) 0 H Notary Pub~lc?~ of New York No. 01T06190696 Qualified in Surf0 k County, Commission Exoims July 28. 20 { · PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. m Postage r-, $2.30 ~ Total Postage & Fee: ~ (Eo~omement Required) 10/09~ Certified Fee ~,~0 Return Receip Fee (Endorsemen~ Required) (Endomement Required) · Complete items 1,2, and 3. Also complete item 4 if ReetHcted Delive~ is desired. · Print your name and address on the mveme so thet we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. ,~ticle Addressed to: PS Form 3811, Februa~ 2004 3. Sewice lype · '~'~--~ed M~J~ n E~xess Maa [] Registered ri Retum Receipt for Mefchandi~ [] Insured MeiJ [] C.O.D. 4. Restr~ted O~k~y/~-~Va F~e) []Ye~ 7007 0710 0002 2341 9162 · Complete items 1, 2, and 3. Also complete Item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse · Attach this card to the back of the mailptece, or on the flont if space pen-nits. 2. Article Number Ps Form 3811, February 2004 O Agent [] Addressee C. Dato of Delivery O. Is deiivery address dJffen~t from Item 17 O,Y~ it YES, enter d~lve~y addmes below. ONo 3. ~ [] Registered O Return Recent for Merchar.:rt~ [] Insured Meil [] G.O.D. 4. Restdcted Deliver? (~.x~ra Fee) 7007 0710 0002 Domest~ Return Receipt 2341 9148 DYe~ · Complete items 1, 2, and 3. Also complete item 4 if Resthcted Delivery is desired. · Print your name and address on the mveme so that we can return the card to you. · Attach this card to the Pack of the maitpiece, or on the front if space permits. 1. Article Addressed to: 2. Article Number fT'mr, der ~'orn set v,~e/abe/) [] Addressee [] Reglste~d [] Retum Receipt for Membend[se 4. Restflcted Delive~y~ ~ Fee) OYes 7007 0710 0002 2341 9193 = PS Form 3811, February 2004 Domestic Return Receipt l~Sgs-024vl*1540 · Complete Items 1, 2, and 3, Also ¢omplet~ item 4 if Restricted Delivery is desired. · Print your name and address on the mverce so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: I-I I~ured Mall [] Fmq3mss Mall [] C.O.D. 4. Re~,r '~--t ed Dellvm'y~ ~;(/ra Fee) DYes 2. Article Number PS Form 3811, February 2004 7007 0710 0002 2341 9186 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Pdnt your name and address pn the reverse so that we can return the card to you.  A ttach this card to the back of the mailpiace, or on the front if space permits. · Article Addressed to: ~ Sign ~----/2~ ~,._..__. [] Agent ~tv~d ~y ( ~in~ ~) O. ~ ~ ~ D. bdaiv~d~~ L ? ~ mf YES, ent~ d~~ ~ ~ n ~ / / / ~ R~ ~ ~m ~ ~ M~ ~ insu~ Mall ~ C.O.D. 4, Re~t~cted [~llvey? (Exit F~e) r-lye 7007 0710 0002 2341 9179 PS Form 3811, February 2004 Domestic Return Receipt 102595.~e4z-l~4~ RECEZVED ZONING BOARD Of APPEALS -TOWN OF SOUTHOLD:NEW YORK · In the Matter of the Application (Name of APpli ..cant) BOARD OF APPEALS AFFIDAVIT . OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as COUNTY OF SUFFOLK) STATE OF NEW YORK) --X I, residing at , Neyv York, being duly sworn, depose and say that: .Onthe /2*~{~ dayof Od~LU~~ ,200~,lpei-sonallyplaced the Town's official Poster, with the date of headng and nature of my app cation '.noted thereon, Se~curely upon my property, located ten'('lO) feet or ck~s'er from th~ street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that· · I hereby confirm that the Poster has remained inplape)for ~even days prior to the date of the subject hearing date, which h(~d.~gfd,~~e ' · ' (SignLature~' . Sworn to before me this _ · l 9. daY o.f ~) ~.._~, '200'~ VlCKI TOTH (Notary Public) N0tary Public, State 0f New Y0rk No. 0].T06190696 Qualified in Suffo k County ~ .~ Commission Expires Julv 28, 20/~ · near the entrance or. driveway entrance of my property, as tl~e area most visible to passersby. Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) South#Id, NY 11971 Mailin~ Address: 53095 Main Road P.O. Box 1179 South#Id, NY 11971-0959 http://soutb, oldtown,northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765.9064 MEMO TO: FROM: DATE: Planning Board Gerard P. Goehdnger, ZBA Chairman August 6, 2009 AUG - 6 2009 SUBJECT: Request for Comments ZBA # 6308 Shinn Vineyard, LLC .............. As confirmed with Your office, the ZBA is reviewing the following application. Enclosed are copies of the Building Department's Noti~ of Disapproval, ZBA application, and current map on file. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. NAME TAX # ZBA # Code Variance Date of PREPARER ZONE DIST Section Stamped OF SURVEY Shinn Vineyard, 100-4-3.1 & 6308 Article I Wind Turbine 4/23/07 John C. Ehlers LLC 3.2 (formerly Chapter setback & location Land Surveyor 3) AC 277-3(B)(1) Your comments are requested within 30 days of this letter. If desired, the file is available for review of additional documentation. lhank you. Encls. AUG 1 0 2009 BOARD OF APPEALS ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matte~ of the Application of (Name of Applicants) CTM Parcel #1000- - -X AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) New York, being duly sworn, depose and say that: On the [O'¢z day of~/~c"~4' ,200'~, I personally mailed at the United States Post Office in . , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the offibial records on file with the (.-~.AsseSsors,'or ( ) County Real PropertY Office , for every property which abuts and is across a public or private street, or vehicular right-of- way of record, surrounding the applicant's property. Sworn to before me this /a day of ~,c~+ ~ 200 '(Notary Public) VICKI TOTH Notmy Public.State of New York No. 01TO6Z90696 Qualified n Suffolk Count,/ . .~ Commission Expires July 28, 2t}~c.-- PLEASE list, on the back of this Affidavit or on a sheet of paper, the ot numbers · next to the oWner names and addresses for which notices were mailed. Thank you. /o° - -Z -.J .Z RECEIVED ru] ~~AL USE nj co Postage, $1.05 $2.30 JO.IX) r%' Cer~fied Fee (Endomement Required) Reetflctad Delivery Fee (Endorsement Required) ru co Total Postage & Fees $ $6.15 Certified Fee Return Receipt Fee (Endorsement Required) r-~ Restdcteq Delivery Fee (Endomement Required) PM co Tota~ Postage & Fees I ~ ~,~ ~ A L U S E $1.05 $2.30 ~0.00 $ S~.15 08/10/2~ P-':' ru co Postage Certified Fee i--'1 Return Receipt Fee E~ (Endorsement Required) O Restricted Delivery Fee (Endorsement Required) co Total Postage & Fees $1.05 $2.80 $2.30 $ $~.15 0971 Here ri or PO Box No. Postaga $1.05 CediPed Fee Postmark Return Receipt Foe (Endorsement Required) $2,~) Hare ,.~ Restricted Deflve~ Fee (Endomement Required) ~.~ Total Postage & Fees Postage Certified Fee Return Receipt Fee (Endorsement Required) Restdctad Delivery Fee r-1 (Endorsement Required) nj 15 co Total Postage & Fees r*~[;,~,~,'~*~:~,~:~ ............ -:-*--= ................... :~----? ...................... 1 ·em 4 ~ Reantcted Delivmy I~ desired. · Print your name and addme~ on ff~e reverse so that We can tatum tile card to yon, · Attach this can:l to the back of the mallplece, or on the front If sbace barmlts. ff YE~, enter daih~y edd~ betow: 2. Article Number ~'~ 7009 0820 0001 7822 2828 Ps Form 3811, February 2004 Domestic Retum Ranaipt a. savice T./pe ~ ~1 ~ ~ Mail [] Registered [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. Rset~cted Delivery? (~ F~e) [] Yes 1 9 009 BOARD OF APPEALS · Complete items 1, 2, and 3. Alan complete Item 4 ff Restricted Delivery is desired. · Print your name and addmes on the reveme so that we can retum the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1..4rticJe Addre&~ed to: [] Agem D. Isdelive~addmssdiffemntfromfteml? [] Yes If YES. enter daiivmy addres~ ~ro~ [] No [~'C~hV~ed Mall [] Express Mail 4. Rsetdcted Delivery? (Extra Fse) [] Yes 2. ,Nt~cle Nun ~ 7009 0820 0001 7822 2804 PS Form 3811, February 2004 Domestic Return Receipt · Complete items I 2, and 3. Also COmplete ~ 4 f Resbtcted Delivery Is desired. · Print your name and address on the reverse. so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front If space permits. 1. Article Addressed to: B. ReCeived by (Pdnted ~ame) D. Is delivery address ( 3. Sen/ice Type [] Ce~lifled M~I [] Registered [] !seumd Mail [] ~ant ~'. Article Num ~ 7009 0820 0001 7822 2811 PS Form 3811, February 2004 Domestic Retur~ I"1 F.~ Mail [] Return Receipt for Merchandise [] C.O.D, 4. Restricted Doik,'efy? (Ex,re Fee) [] yes RECEXVED AUG 1 9 009 BOARD OF APPEALS or on the front if space permits. '" [] Registered [] Insured Mall 4. Restdcted Delh,~y? ~ Fee) D. Isdelive~yaddres~dh~mntfmmiteml?_~*[] Yes If YES, enter delivery address below: [] Expmes Mail r-~ Retum Receipt for Membendlae [] C.O.D. [3Yes ~a.mr~ 7009 0820 0001 7822 2798 Ps Fo~m 3811, February 2004 Dome~lc Re~xn Res~pt · Complete Items 1,2, and 3. Also complete Item 4 If Restdctod Delivery is desired. · Print your name and address on the reverse so that we can return the can:l to you~ · Attach this cerd to the beck of the mallpisce, or on the front If space parmlts. · 7009 0820 0001 7822 II I0 II ). Isde~'~yaddmssdiffem~fmmlteml?/D ~ If YES, enter dellv~y addrees below: ~ [] IrlsL~d Mail [] Return R~lpt for Merchandise [] C.O.D. 4. 2781 rgyes · Complete items !, 2, and 3. Also complete Item 4 if Resblcted Delivery is desired. · Print your name and address on the reverse so that we can return the card to you · Attach this card to the back of the mai p ece, or on the fTont If space permits. 1. A~tlcle Addressed to: addmes ~ffomttem 17 DYes ~ YES, e~er d~k~y eddmss b~o~. I~Ce~iltedMai! [] ExpmesMail [] Registered I'1 Return Resaipt for Memhandles [] Inaa1~ Uail [] C.O.D. 4. Rest ~Ymd Dellvefl~? (Ex~a F-es) OYes 7009 0820 0001 7822 1975 Ps Form 3811, Febn,mry 2004 Domestic Return Recaipt AUG ! 9 2009 ZONING BOARD OF APPEALS 'TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of t-t//v/v z. (Name of Applicant) BOARD OF APPEAL~ AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Lend Identified as 4ooo- 3, t COUNTY OF SUFFOLK) STATE OF NEW YORK) I, residing at , New York, being duly sworn, depose and say that: On the I~dayof /J~ ~ '~-! I ,200 _~' I personally placed the · Town's official Poster, with the date of hearing and nature of my application· noted thereon, secUrely upon my property, located ten'(10) feet or closer from the street or right-of-way (driveway entrance) - facing the street or facing each street or right-of-way entrance;* and that I hereby confirm that the Poster has remained in plac~ for seven days prior to the date of the subject hearing date, which~h, eadr~g/~te was shown to be Iff fill^., .¢" SwOrn to befor~ me this J¢14~ day of./-)~0~,~$h20OS. (Notary Public) CONNIE D BUNCH Notary Public. ~tata of New York No. 0IBU6]85050 Qua ifi~ in Suffolk County , ~ ~omm ssmn I:xp res April 14, 20 J ,~ *near the entrance or driveway entrance of my properly, as the area most visible to aassersby. STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1~ week(s), successively, commencing on the 13~h day of Auqust, 2009. Princi0al Clerk Sworn to before me this Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, AUGUST 27, 2009 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 63095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ AUGUST 27~ 2009: 1:00 P.M. BARBARA SHINN # 6308. Request for Variances from Town Code Chapter 277, Section 277-3B(1), based on the Building Inspector's April 8, 2009 Notice of Disapproval stating that the proposed wind turbine is not meeting the code requirement for a minimum distance from a property line, total height of the small wind energy system plus 10 feet, except that it shall be set back at least 300 feet from a property line bordering an existing residential structure. The proposed location is shown 136.5 feet measured easterly to other land identified as CTM 1000-100-4-4; zero feet from the applicant's agricultural land along the west, and +/- 18 feet from the applicant's agricultural land south of the wind turbine. The applicant's properties are shown with an area of 1.2 acres, or 22.49 acres with both the applicant's single- family dwelling and agricultural lands. Location of Property: 2000 Oregon Road, Mattituck; CTM 1000-100-4-part of 3 (now 3.1 and 3.2). The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by emaih Linda. Kowalski@Town. Southold.ny.us. Dated: August 7, 2009. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (MailinglUSPS) P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 May 7, 2009 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6308 Action Requested: Within 500 feet of: Owner/Applicant: Shinn Vineyard, LLC Construction of Wind Turbine ( ) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (x) Boundary of Agricultural District If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Gerard P. Goehringer By: k_A/v~v ~ G BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net July 29, 2009 Re: Town Code chapter 55 - Public Notices for Thursday, August 27, 2009 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published i~ the next issue of the Times Review newspaper. 1) Before Au.qust 10th Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al__! owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later th~n August '~'lth: Please either mail or deliver to our office your Affidavit of Mailinq (form encloSed) with parcel numbers, names and addresses noted, and furnish to our office with the, green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later Au.qust 19th: Please make arrangements to place the enclosed Poster on a signboard such as Cardboard, plywood or other material, posting it at your property for seven (7) days (or more) Until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Posting for receipt by our office before August 25, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: SHINN VINEYARD, LLC # 6308 MAP #: 100.-4-3.1 + 100.-4-3.2 VARIANCE: SETBACKS & LOCATION REQUEST: NEW WIND TURBINE DATE: THURS, AUG. 27, 2009 1:00 PM If you ar.e interested in this project, you may review the file(s) prior to the hearing during normal bus~ness days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork, net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 January 4, 2010 Shinn Vineyard, LLC David Page 2000 Oregon Road Mattituck, NY 11952 Re: ZBA # 6308 Dear Mr. Page: Transmitted for your records is a copy of the Board's December 29, 2009 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please feel free to call at any time. Vicki Toth Encl. Road 5URVE'r' OF: PROPERTY 51TUATE, HATTITU(.,K TOI, NN, ~UTHOLD fAJt=F~LK 60ONT'r', NY t~<~I~N~ATION LO6ATION ~PI~L~ ~OUNT'r' TAX # NOTES: MONUMENT POUND AREA = 5:~,O7~ 5F OR 1.2lq AORE5 ~t;~APFIIC ~(-..ALE I"= .-1 Lond nora or Formerlg oF: Dovld Poqe Borboro ~::,hln~ ond To~n o~ 5ou~hold 53.8:5' Lend Nom or ~ormerl9 oh E~ ~ H Porm~ LLG JOHN C. EHLERS LAND SURVEYOR 6 EAST MAIN STREET N.Y.S. LIC. NO. 50202 ~, N.Y. 11901 369-8288 Fax 369-8287 REF.\\Compaqserver~ro¢0SX98-270a.pro COUNTY OF SUFFOLK (~) ~L~'~-?~Red Property lax Service Ce~tyCenter RlvBrhead~NY 1190] I K~ ~ o,~ mm ~ SOUTHOLD ~ m 1000