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HomeMy WebLinkAbout5643 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 COVER SHEET WITH ZBA FILE STATUS OF FILE ZB^# '-/'3 Tax Map #: /00~- ~/~'- ]~ 20. :~ 20. / [ ] Refund issued: CANNOT activate or reactivate file (Applicant has withdrawn application). ['x~ ] NO -REFUND DUE, based on time spent for Town to process application and heatings. [ '~] Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION NECESSARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NOTE: Applicant may apply for a new application with Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps.to ZBA, or modify plan to conform to the current code. This Town file based on applicant's previous year requests has expired. [ ] No forms to be scanned; FILE # VOD: APPLICATION RETURNED. (All forms were returned to applicant early in process, as requested by applicant.) FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 19, 2003 AMENDED & RENEWED: November 17, 2004 ,--- AMENDED: January 6, 2005 TO: Grammas Construction AJC Bud Realty/Koehler 374 Fulton Street Farmingdale, NY 11735-7405 Please take notice that your application dated March 18, 2003 For permit to construct an accessory "art gallery" building on an existing winery property at Location of property: 44255 Main Road, Peconic, NY County Tax Map No. 1000 - Section 75 Blockl Lot 20.2, 20.1 & 21 Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article III, Section 100-31, C, "Accessory Uses." An "art gallery" is not a permitted accessory use. Furthermore, the proposed construction is not permitted pursuant to 100-33, which states, "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard..." The buildin~ is noted as being in the front yard. This notice of disapproval is written based on information from the applicant, that he intends to merge the above referenced properties. This notice of disapproval was amended on November 17~ 2004, after the applicant decided to merge the parcels referenced above and on January 6~ 2005 to correct an error. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. FOtLM NO. 3 NOTICE OF DISAPPROVAL ,, ,:, 2004 DATE: March 19, 2003 TO: Farmingdale, NY 11735-7405 Please take notice that your application dated March 18, 2003 For permit to construct an accessory "art gallery" building on an existing winery property at AMENDED & RENEWED: November 17, 2004 Grammas Construction AdC Bud Realty/Koehler c~,,~. 374 Fulton Street Lot 20.2 & 20.1 Location of property: 44255 Main Road, Peconic, NY County Tax Map No. 1000 - Section 75 Blockl Is returned herewith and disapproved on the following grounds: The proposed construction is not permitted pursuant to Article III, Section 100-31, C, "Accessory Uses." An "art gallery" is not a permitted accessory use. Furthermore, the proposed construction is not permitted pursuant to 100-33, which states, "In the Agricultural-Conservation District and Low-Density Residential R-80, R-120, R-200 and R-400 Districts, accessory buildings and structures or other accessory uses shall be located in the required rear yard..." The building is noted as being in the front yard. This notice of disapproval is written based on information from the applicant, that he intends to merge the two properties together. This notice of disapproval was amended on November 17~ 2004, after the applicant decided to merge the two parcels referenced above. Damon Pet~ Rallls,' Permit E~aminer Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Z.B.A. FORM NO. 3 NOTICE OF DISAPPROVAL TO: Grammas Consultants A/C Bud Realty/Koehler 374 Fulton Street Farmingdale, NY 11735-7405 Please take notice that your application dated March 18, 2003 For permit for construction of an art gallery at Location of property 44255 Main Road, Peconic County Tax Map No. 1000 - Section 75 Blockl Lot 21 Is returned herewith and disapproved on the following grounds: The proposed use is not permitted pursuant to Article 11I Section 100-31. Applicant proposes to construct an art gallery for display and sales of artwork on the above referenced property, measuring 57,983 square feet in the A-C zone. An art gallery is not a permitted use in the A-C zone. DATE: March 19, 2003 CC: file, Z.B.A. PLANNING BOARD MEMBERS JERILYN B. WOODHOUSE Chair WILLIAM J. CREMERS KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLO}iON PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3186 Memorandum To: Ruth Oliva, Chairwoman, Zoning Board of Appeals From: Jerilyn B. Woodhouse, Chairwoman Re: Petition of Koehler at Osprey Dominion Win6ry Date: January21, 2005 The proposal before the Zoning Board of Appeals is to add an art gallery use in a separate structure on what presently is a separate lot of 1.3 acres adjacent to the site of the above- noted winery. The art gallery use is not a permitted principal use in the Agricultural Conservation (A-C) zoning district. Therefore the petitioner proposes to merge the subject property with the property on which the winery and vineyard are located, thereby making the proposed art gallery an accessory use to the principal use of a winery, albeit in the front yard. Accessory uses are not permitted to be located within the front yard. In the A-C zoning district, the Town of Southold permits agricultural farm operations to construct a retail sales outlet on the property. Typically these outlets are farm stands. Most are a thousand square feet or less in area. For more than a decade, the Town has allowed vineyard owners the ability to construct larger retail outlets, known as wineries, provided they were located on property of which ten or more acres (other than the land devoted to the winery building) were under active cultivation. Section 100-31 A. (4). In addition, a winery is allowed an accessory use, defined as follows: "an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items beating the insignia of the winery. Wineries may not have a commemial kitchen as an accessory use but may have a nonconunercial kitchen facility for private use by the employees." Section 100-31 C. (10). The petitioner is proposing an accessory use that is not permitted within the A-C zoning district. The purpose of the A-C zoning district is clearly set forth: "to reasonably control and, to the extent possible, prevent the unnecessary loss of those currently open lands with the town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the town's economy ..." Section 100-30. In keeping with this statement of purpose, the Town permits only four types of land uses within this district: agricultural operations, wineries, residences and governmental uses (e.g. Town, school, park and fire districts). The permitted accessory uses relate to the permitted principal uses. The petitioner desires to construct a one-story (8,000 square foot) building with a full basement, for a total of 16,000 square feet of gross floor area. Thirty-eight parking spaces are proposed to service this structure. To quote the material submitted with the petition: the concept is "To develop a unique, multi-purpose creative arts center on O~prey's Dominion as an extension of their current business (emphasis added) and as an outlet for education opportunities. The buiMing will house interrelated creative businesses (emphasis added) as well as providing a platform for cultural events, including but not limited to, a Fine Art Gallery, high end custom picture Framing Shop, and a North Fork Arts Center which will offer art workshops, spirituality sessions, creative writing seminars, live music, plus other aesthetic attractions." The concept paper goes on to say "By locating this structure and arts center on the grounds of the Osprey vineyards, a marketing synergy will result, increasing the effectiveness of each other's promotional efforts and advertising dollars." Finally, the petitioner anticipates the leasing of part of this site to an education institution. The Planning Board notes that the proposed set of uses is permitted by right in other zoning districts within the Town. Additionally, the creation of an educational institution within the A-C district requires a Special Exception and a minimum of five acres of land. The Board also notes that nothing in this proposal is "accessory" in nature, scope or size. The existing winery operation is located on approximately 4.46 acres of land. The remaining 46.36 acres have been preserved through the sale of development rights. The entire winery operation consists of three fi'ce-standing buildings, two of them on the 4.46 acre parcel, the third located within the preserved land. The first two buildings consist of a retail sales office and conservatory (3,145 square feet) along with 41 parking spaces and a production and storage building (6,343 square feet). The third structure, on preserved land, contains 8,000 square foot of storage. Of the total existing square footage at this vineyard and winery, approximately 18% is devoted to the retail and tasting room. The proposed "accessory" structure (8,000 square feet and 38 parking spaces) is larger than the principal use, both in size (more than double, not counting the basement footage) and proposed intensity of use. Finally, the Board notes that while many wineries host live music events, art showings, and even catered events within their existing retail/tasting rooms, these activities have been tolerated as ancillary activities to facilitate the primary activity of growing grapes and processing wines. If this petitioner's request is granted, this proposal would create a precedent that would have the end result of requiring the Town to allow every single agricultural operation, not just its nearly twenty wineries, to construct equivalent structures and uses on land intended to be reserved for agricultural uses. A decision of this magnitude is properly a matter for the Town Board to consider, particularly given its stated intention of preserving agricultural land from conversion to non-igricultural uses. APPLICATI~ TO TKE $OUTHOLD TOWN BO OF APPEALS t'-~O~" ,~_.. '- For Office Us~ Only --, Fee: $~___.~ Filed By:. Date Asslgned/As*lgnment No. ~5~ ParcelLocation: House NoA4255 StreetMain Road Hamlet Pecon±c SCTM 1000 Section 75 Block 21 Lot(s). Lot Size_,~,_fla_. Zone District. I CWE) APPEAL THE Wl~ITT~EN DETERMINATION OF THE BUILDING INSPECTOR DATED:. 3-19-2003 Applicant/Owner(s): F.W. Koehler and S. goehler Mailing 376 Fulton Street, Farmingdale, NY 11735-3461 Address: Telephone: 516-420-8875 . NOTE: If applicant is not the ~wner, state if applicant is owner's attorney, agent, architect, builder, contract vendee, etc. Authorized Representative: J. Ormmmas Grammas Consultants Address: 374 Fulton S~reet, Farmingdale, NY 11735-3461 Telephone: 516-847-0395 Please specify who you wish correspondence tO be mailed to, from the above listed nam.es: [] Applicant/Owner(s) ffi Authorized Representative [] Other: WHEREBY ~HE BUILDING INSPECTOR DENIED AN APPLICATION DATED ~ -{ ~ O.~ FOR: 83 Buiiding Permit [] Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use [] Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III Section I00- 31 Subsection Type of Appeal. An Appeal is made for: M A Variance to the Zoning Code or Zoning Map. [] A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of tile Town Code, Article .. Section ~ Reversal or Other A prior appeal [] has~ h as not been made with respect to this property UNDER Appeal No, Year Page 2 of 3 - Appeal Application Part A: AREA VARIANCE REA$ON,~ (attach extra sheet as needed): (1) An undesirable change will not be produced In the CHARACTER of the neighborhood or a detriment fo nearby properties, If granted, because: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible tar the applicant to pursue, other than an area variance, because: (3) The amount of relief requested is not subsfanfialbecause: (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 variance been self-created? ( ) Yes, or ( ) No. If not, Is the construction existing, asbuilt? ( ) Yes, or ( )No. (6) Additional Information about the surrounding topography and building areas that relate fo the difficulty In meeting the code requirements: (attach extra sheet as needed) This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare of the community. (-~) Check this box and complete PART B, Questions on next page to apply USE VARIANCE STANDARDS. (Please consult your aflorney.) Otherwise, please proceed to the siqnafure and nora area below. Sworn to before me this day of .................... 200_'/. (Notary Public) Signature of Appellant or Authorized Agent (Agent must submit Authorization from Owner) ZBA App 9/30/02 Page 3 of 3 - Appeat Application Pa# B: REASONS FOR USE VARIANCE (if reaueste~: For Each and Every Permitted Use under the Zoning Regulations tar the Particular District Where the Project is Located (please consult your attorney before completing): 1. Applicant cannot realize a reasonable return tar each and every permitted use under the zoning regulations for the particular disfflcf where the property Is located, demonstrated by competent tinanclal evidence. The'appticanf CANNO~' realize a REASONABLE RETURN because: (desc~ibe on a separate sheet). 2. The alleged hardship relating fo the property is unique because: 3. The alleged hardship does not apply fo a substantial portion at the district or neighborhood because: 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 at the same time preserving and protecting the character of the neighborhood, and the health, safety and welfare of the community. (Please explain on a separate sheet If necessary.) 7. The spirit of the ordinance will be observed, public safety and welfare wi I be secured, and substantial justice will be done because: ([=lease explain on a separate sheet if necessary.) ~.~-~ F~ Chec ~c~ ~c,. cc~o,~ . ( ] k th~s box and complete PART A, Questions on prewous pag~'r~'~ apply AREA VARIANCE STANDARDS. (Please consult your attorney.) Otherwise, please proceed to th~ s .qnafure and notary area below. SIg-na-fur~ ~)f-A~ellar~f or Aufl~o~l~-eec[/~genf (Agent must submit Authorization from Owner) I~ Iltll~. ~tate of Now Yolk No. 01 HA6107120 Qualified in Suffolk County Commi~'~ion Eyr, ires March 22, 20~ Applicant(s):. PROJECT DF, SCRIPTION Please include with Z,B.A, Application) F.W. Koehler, Jr. I. If building is existin~ and alterations/additions/renovations are proposed. A. Please give the dimensions and ov6rall square footage of extensions beyond existing building: Dimensions/size: N/A Square footage: N/A B. Please give the dimensions and square footage of new proposed fofindation areas which do not extend beyond the existing building: Dimensions/size: SqUare footage: H. Lfland is vacant: Please give dimensi;ns and overall square footage of new construction: Dimension/size: W-100' D= /*0 + 50 Square footage:._~.t~f~ ~m~::~-: .~,c~o e,~.; bo,,a~.a' c~,/ez.-. ~I,~ ,~. Height: 22ft. To RidEe Ill. Purpose and use of new construction requested in this 'application: Additional information about the surrounding contours or nearby buildings that relate to the difficulty in meeting the code requirement(s): None V. Please submit seven (7) photos/sets after staking comers of the proposed new construction. - 7/02 Please note: Further changes, after submitting the above information, must be £laced in writing and may require a new Notice of Disapproval to show changes to the initial plans. If additional time is needed, please contact our office, or please check with Building Department (765-1802) or Ap;seals Department (765-1809) if you are not sure. Thank you. .TOWN OF SOUTHOLD ~, ' BUILDING ~lgMIT APPLICATION CHECKLIST Bt~ILI~ING DEPARTME~q~ R 9fVv~ ~ Do vo~ave or need the foil ' ' TO--'~" I'~ ~ ,a~ '~, ~ ~ y owmg, oemre applying · wa HALL ['-'; ; !~,e.f--x'"~l.~q~.~ BoardofHealth SOUTHOLD, NY 11971 [ ........... ~ -- [ , ['~ c.x 3 sets of Building Plans TEL' (631) 765-1802 / ,~'~ .... ~3 / .... -7 FA~X: (631) 765-9502 Survey www. northfork, net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. /?,0 aet: Approved / /, 20 / / / / Mail to: Expiration APPLICATION FOR BUILDING PERMIT Date 3- I~I- ,20~L~ INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. ffno zoning amendments or other regulations affecting the property have been enacted in the inter/m, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS . · . HEREBY MADE to the Braiding Department 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 Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. 3-74 F L.- ST (Mailing address of applicant)/(~ ~ State whether applicant is owner, lessee, agent~ general contractor, electrician, plumber or builder Nameofownerofpremises }z-~-~Offt'{L~-g- 'd~ Jif ~', ~e~L~. (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Location of land on which proposed work will be done: House Number Street County Tax Map No. 1000 Section Subdivision (Name) Block Hamlet Filed Map No. 2. State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy '~_t~! I) GtlT/~L b. Intended use and occupancy A ¢. '{- ~ T U I) ! o 3. Nature of work (check which applicable): New Building ~/ Addition Repair · Removal Demolition Other Work 4. Estimated Cost Fee If dwelling, number of dwelling units If garage, number of cars Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor ~ 6. If business, commercial or m/xed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front Height_ Number of Stories Rear Depth Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories 8. Dimensions ofentire new construction: Front (O01~'T' Rear {o(7 ~T- Depth -q-O, Height ~-'~ ET Number of Stories ODC ,-t-- t~A~MT. 9. Size oflot: Front 'Z'~7~L-'z~'- Rear '7_. S-[.'Z-~ Depth "2-'"~O± 10. Date of Purchase o/~_/g-O/ Name of Former Owner 11. Zone or use district in wNch praises ~e situated ~ ~ 12. Does proposed cons~ction violate ~y zo~ng law, ordin~ce or re~lation? YES ~ NO 13. Will lot be re-gaded? YES ~NO~Will excess fill be removed ~om praises? YES.~ NO 44o~ 14. N~es ofOwn~ofpr~isesE ~O~b~qs,~ess p~co~c ~o PhoneNo~%t Nmeof~c~tect ~K~ ~ ~/~ess ,74 Nme of ConWactor Ad&ess ~h g~ ~ ~ ~ ~P~,~ ~ Phone No 15 a. Is this prop~ ~n 100 feet of a tid~ wetl~d or a ~eshwat~ wetl~d? *YES / NO * W YES, SOUTHOLD TO~ TRUSTEES & D.E.C. PE~ITS MAY BE~EQUIRED. b. Is ~s prop~ wi~n 300 feet of a tid~ wetl~d? * ~S · NO * IF YES, D.E.C. PE~ITS MAY BE ~QU~D. 16. Provide survey, to scale, with accurate 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. STATE OF NEW YORK) SS: COUNTY OF ) '- being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (~Heisthe --/65'~ ~) /Pi-, ~)q~ ~V~ h~ (Contraetor,(~ Corporate Officer, etc.) of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this dayof ~,.A a. cc~r~ 200:5 Notary Publid,,/ NMiry Publio, 8tare Of New ~ No. 01LA60842~ Ck~lfllcl Irt Suffolk ~ ~SignatUre of Applicant QUESTIONNAIRE FOR FILING WITIt YOUR Z.B.A. APPLICATION Is the subject promises listed on thc real estats market for sale? [] Yes ~] No Are there any proposals to change or altsr land contours? [~ Yes t~ No 1 ) Are them any areas that contain wetland grasses? yes 2) Am the wetland areas shown on the map submitted with this application? yes 3) Is the property bulk headed betwoela the wot. lands area and the upland building area? NO 4) ffyour property contains wotlsuds or pond areas, have you contacted thc oflic~ of the Town Trustees for its determination of jurisdiction? Is them a depression or sloping, elevation near the area of proposed construction at or below flw fo~t above mean sea leve3? ao (If not applicable, state "n/a".) Am there any patios, concrete barriers, bulkheads or fences that exist and ~re not shown on the survey map that you are submitting? None (If none exist, please state "none".) Do you have any construction taking phce at this time concerning your premises? None If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. Do you or any co-owner also own other land close to this parcel? Yes If yes, please explain where or submit copios of deeds. Osprey Dom±nion is adjacent on the west & north Please list present .use or operations conducted at this parcel Vacant and proposed use Art Studio Authorized Signature ~/dDa~~ / Fer UNLISTEO ACTIONS Only FART I--PROJECT INFORMATION (To be completed by APplicant or ProJeot sponsor) F.W. Koehler New Building P~m~ Peconic co..ty Suffolk 44255 Main Road, Peconic, NY 617,21 - Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM SEQ~ One Story wi.th basement I~. A~ A RESULT OF PROPOS~ ACTION WILL ~ISTING PERMIT/APPROVAL REQUIRE MOOIFI~TION7 ' DYes ~No I CERTIF7 THAT THE INFOR~4ATIOH RROVIOED ASOVE IS TRUE TO THE BEST OF MY KNOWLEDOE Aoo{icanl/$~oe[$o/ ~ame' F,W. Koehler [ . the action is in the Coastal Area, and you are a Stale agency, complele the · Coast-,! Assessmept Form belore proceeding with this assessment OVER APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of Town' officers and emvlov~s. The tmmose of this form is to provide information, which can alert the Town of possible conflicts of interest and allow it to take whatever action is necessary to avoid ~arne. YOUR NAME: (Last name, first name, middle initial, nnless you are applying in the name of someone dsc or other entity, such as a company. If so, indicate the other person or company name.) NATURE OF APPLICATION: (Check all that apply.) Tax Grievance Variance V/ Change of Zone Approval of Plat Exemption from Plat or Official Map Other If "Other", name the activiiy: Do you personally, (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a parmership, in which the Town officer or employee has even a partial ownership of (or employment by) a corporation in which the Town officer or employee owns more than 5% of the YES NO ~/ If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employecl by the Town of Southold: Title or position of that person: Describe that relationship between yourself (the applicant) and the Town officer or employee. Either check the appropriate line A throngh D (below) and/or describe the relationship in the space provided. The Town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a 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 KELATIONSHIP Subm~tted4h4h~ / da}her ~fJf)]] ff Signature: -~,/~ ~,_ e JffZc/~~ Print Nmne: ' /' COMMUNITY ARTS CENTER / ART GALLERY/' CUSTOM FRAME SHOP CONCEPT - To develop a unique, multi-purpose creative arts center on Osprey's Dominion property as an extension of their current business and as an outlet for educational opportunities. The building will house interrelated creative businesses as well as providing a platform for cultural events, including but not limited to, a Fine Art Gallery, high end custom picture Framing Shop, and a North Fork Arts Center which will offer art workshops, spirituality sessions, creative writing .seminars, live music, plus other aesthetic attractions. By locating this structure and arts center on the grounds of the Osprey vineyards, a marketing synergy-will result, increasing thc effectiveness of each other's promotional efforts and advertising dollars. In addition, all facilities will reap the benefits of their close proximity in an attractive and pastoral environment. · Cross marketing to wine and art lovers, whom have proven to overlap in many demographic instances · Bringing more traffic and buyers to the grounds of the vineyard and vice-versa · Intertwining weekend art shows, with wine tastings and musical performances · Developing and raising and brand name recognition for all entities involved. Another important asPect integral to thc success of this project will be some type of formal affiliation with a prestigious and growing Long Island college. We are con~sidering a Long Island College, currently offering a strong Music and Arts Program as a partner in this Arts Center. This affiliation will allow for student art shows & workshops, acadcmi~ seminars, as well as provide a venue for indoor and outdoor musical concerts and ensembles. The exposure and publicity opportunities this affiliation will create for the Vineyard, the North Fork Art Center and the participating College will be advantageous to all participants. LOCATION - This creative arts center will be located on the grounds of Osprey's Dominion vineyards, approximatcly 100 yards from the tasting mom, with road ,frontage on Route 25A (Main Street ) pecoulc, New York. This new facility will be connected to the existing tasting room by a stamped, colored concrete path and Belgium block edging. Additionally, stmtogic placement of outdoor sculptures by Long Island artists will provide further enhancement for the area. Arrangements and opportunities will bo made available to local North Fork landscape design firms to have these "connecting" grounds become a showcase for their talents and creativity. Several landscapers will be selected, each to be responsible for an outdoor section of thc project, which in turn will be identified by signagc for consumer selection .... It should be noted that this project will be designed in all its aspects to appeal to a cultured, discriminating, and upscale c~entele. FACILITIES / BUILDING - The entire facility, the existing two buildings ( Winery and Tasting Room) · as well as the new building, will strive to maintain the character and 'feel' ofthe North Fork -- agrarian and bucolic. Certainly, the charm of it being part ora working vineyard is to be exploited overall. Basically, the building itself will consist of two separate levels, each with non-competing but interrelated product and/or service offerings. These are as follows: la) Main Level - 3,200 square foot Community Arts Center, for workshops, seminars, classes and music. Also, a dividable sub-section will be available for both ad hoc activities, or for long- term lease. A Long Island College has been singled out as a possible long term lessee for this airy and creative environment to be used in conjunction with its Music & Art Programs. (see page 3.) Discussions are currently underway with this prestigious College and they will be named as soon as an mutually beneficial agreement is solidified. lb) Main Level - 1200 square foot Art Gallery showing works of mostly established artists. A well known Gallery Owner/Designer, Josh Miller has agreed to develop the design and layout of the gallery, which features wood plank floors, evocative colors and the last word in gallery lighting and hanging systems. 2) Lower Level - 1,500 square foot Custom Framing Shop; located towards the lower rear of the building. In addition to state of the art equipment and computerized Mat cutters, it will also feature a viewing window, allowing gallery visitors on the main level to see the craftsmanship which goes into custom picture framing. The building can best be described as ergonomically artistic, and in addition to large expanses of glass for natural light, it should feature the following physical characteristics: · A from and side pomh, with Wooden Rocking chairs Decks on the upper level, facing both north and west · A Circular wooden fireplace in the upper mezzanine area, as well as two wood burning stoves within the gallery · A wooden atrium, centrally located midway between the tasting room and Gallery. · Gravel Parking areas, rather than concrete or asphalt · "Picnic Zone" and Sculpture Garden between the Gallery and Tasting room It is important to point Out that for optimum roadside impact all buildings on the grounds of the facility should be recovered with the same facade and siding, preferably wooden natural cedar shakes. It is imperative that as prospective visitors/customers realize that the existing tasting room, existing winery building, and new Community ~4rts Center are one in the same - and by parking once - a full winet art~ sculpture~ music and learning experience can be realized. Also, by combining these several unique and aesthetic disciplines under one roof, so to speak, each different owner/manager/participant will enjoy greater retail benefits and an enhanced consumer image than from a stand-alone effort. AFFILIATION WITH A MAJOR ARTS AND MUSIC COLLEGE AS previously mentioned, it is proposed that an Arts College become a major part o£this center through the leasing ora portion of the first floor area area. A lease arrangement can be worked out for this space, either for the entire year, or a scheduled arrangement negotiated £or a percentage of use, with the lease price prorated by that schedule. Ideally, it would be beneficial and more focused if the College decided to enter into a long term formal lease agreement basically making this building a "Satellite" annex, as part of the planned expansion to the existing campus. This satellite will be dedicated to the music and arts programs at the college, and coordinated with current or developing curriculum. The remaining time would be made available to any outside entities, for parties, gatherings, corporate outings, and private workshops. PARTICIPANTS - Bud Koehler - Oxvner of Osprey's Dominion Vineyards and Koehler Construction (Bud will build and own the building.) Tom Stephenson - Manager, Osprey Dominion Vineyards Dr. Maureen Carey - Artist; Spirituality Workshops; ( resume attached ) Craig Hansen -- Vice President of Omega Moulding, a wholesale picture flame moulding company with 20 years experience in the Fine'Art and Framing industry. Bryan Hansen -- Framing Shop owner/manager, 25 years flaming experience Arnold Hansen - Co-owner of the Viking Gallery; freelance writer; retired Advertising Creative Director; Creative Writing Instructor Josh Miller - Fine Art Gallery Designer Additionally, there are over 25 creative and well known artists whom have expressed an interest in working with the new gallery, participating in shows, and displaying their works on a consignment basis. They include: Dr. Maureen Carey Albert Miglio Jacqueline Penney Wendy Csoka Charles Wildbank Apo Torosyan Pamela Dulong Williams Since tastes in original paintings vary widely and cyclically, these artists can be changed to conform to consumer preferences and sales patterns. However, all of the gallery offerings will feature prominently in establishing a fine reputation for this Community Arts Center. SUMMARY - At this point, without going into further detailed specifics of the project, a brief review of the unique Osprey's Art Dominion center would seem to be expedient. It all begins with a recognized, established vineyard on the beautifully pastoral North Fork of Long Island. To this existing landscape, a new two-level, aesthetically functional building will be added. It will house several interrelated retail businesses, and provide facilities for both educational and civic pursuits - all artistic and otherwise creative in nature. Both the original structures and the one to be erected will be interconnected in park like surroundings, thereby encouraging consumers to enjoy all of the Center's offerings. On the human side of things, there are many people (some are listed herein) who feel a kinship for this concept. Not only can they visualize its viability, but in addition, they have the expertise to make the dream a reality. Of course, all of us know that altmiam is not much ora motivating force in this day and age, and that profits role in the consideration of any business venture. Yet upon reflection, there somehoTM seems to be room for both in this artful project. TARGET DATE Grand Opening Memorial Day Weekend CC: Bud Koehler Osprey's Dominion Vineyard / Koehler Construction Tom Stephenson- Osprey's Dominion Dr. Maureen Carey- Bryan Hansen Craig Hansen - Vice President Omega Moulding David Merzin - President Omega Moulding November 10th, 2004 Craig A. Hansen Cell 516-607-7339 SUFFOLK COUNTY CLERK RECORDS OFFICE RECORDING PAGE Type of Instrument: DEEDS/DDD Number of Pages: 3 Receipt Number : 04-0107747 TRANSFER TAX NUMBER: 04-09016 District: 1000 Deed Amount: Recorded: At: LIBER: PAGE: Section: Block: 075.00 01.00 EXAMINED AND CHARGED AS FOLLOWS $0.00 09/28/2004 03:18:16 PM Received the Following Fees Page/Filing $9.00 COE $5.00 EA-CTY $5.00 TP-584 $5.00 RPT $30.00 Transfer tax $0.00 TRANSFER TAX NUMBER: 04-09016 For Above Instrument Exempt NO Handling NO NYS SRCHG NO EA-STATE NO Cert.Copies NO SCTM NO Comm. Pres Fees Paid THIS PAGE IS A PART OF THE INSTRUMENT THIS IS NOT A BILL D00012345 984 Edward P.Romaine County Clerk, Suffolk County Lot: 021.000 $5.00 $15.00 $165.00 $5.oo $0.00 $o.oo $244.00 Exempt NO NO NO NO NO NO Number of pages TORRENS Serial # Certificate # Prior Ctf. # Deed / Mortgage Instrument Page / Filing Fee Handling TP-584 Deed / Mortgage Tax Stamp FEES Notation EA~52 17 (County) EA-5217 (State) R.P.T.S.A. Comm. of Ed. Reg. Copy Other 4 Distric~ Real Property Tax Service Agency Verification 5. 00 Sub Total Sub Total /'~ C~, Grand Total ~ 021.000 0404'1604 looo 07500 oloo 02xooo 6 Satisfactions/Discharges/Releases List Properly Owners Mailing Address RECORD & RETURN TO: Bruce Kennedy, Esq. PO BOx 545 Amityville, NY ~1701 RECORDED 2004 Sep 2.8 03: 18-' 16 PM Edv)ard P.Roroaine CLE~'.K OF SUFFOLK COUNTY L 500012345 P 984 DT# 04-09016 Recording / Filing Stamps IMortgage Amt. I. Basic Tax 2. Additional Tax Sub Total Spec./Assit. or Spec./Add. TOT. MTG. TAX Dual Town ~ Dual County Held for Appointment Transfer Tax (j~ 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 instrument. Community Preservation Fund ~ Amount $ )ue $ ( Improved Land __ TD TD Title Com . Information Title # SuffolkCo -nt Recordin & Endo_rsemen This page forms part of the attached BUD REALTY deed (SPECIFY TYPE OF INSTRUMENT) The premises herein is situated in SUFFOLK COUNTY, NEW YORK. made by: Southold TO In the Township of OSPREY DOMINION (30. Ill the VILLAGE Peconic or HAMLET of BOXES 6 THRU 8 MUST BE TYPED OR PRINTED IN BLACK INK ONLY PRIOR TO RECORDING OR FILING. (over) 1000 075.00 B].k. 01, O0 021. 000 Standard NY.B.T.U. Form 8002 - Ba~ain and Sale Deed, with Covenant against Grantor's Acts- Individual or Corporation (Single Sheet) CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS THIS INOENTURE, made the '~ ~ BEllNEEN day of September ,2004 BUD REALTY, with offices at 376 Fulton Street, Farmingdale, NY 1 t735 party of the flint part, and OSPREY DOMINION CO., with offices at 376 Fulton Street, Farmingdate, NY 11735 party of the second part, WlTNESSETH, that the party of the flint part, in consideration of TEN DOLLARS ($10.00) and other valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or successom and assigns of the party of the second part forever, ALL that certain plot, piece or parcel of land, lying and being at Peconic, Town of Southold, County of Suffolk and State of New York, bounded and described aa follows: BEGINNING at a point on the northwesterly side of Main Road NYS 26 at the southwesterly comer of the hereinafter described premises and the southeasterly corner of land now or formerly of Osprey Dominion; RUNNING THENCE North 29 degrees 58 minutes 20 seconds West along the last mentioned land 229.86 feet; THENCE North 44 degrees $0 minutes 10 seconds East still along the last mentioned land 261.26 feet to land now or formerly of Bauer; THENCE South 36 degrees 33 minutes 00 seconds East along the last mentioned land 223.02 feet to the northwesterly side of Main Road; THENCE South 44 degrees 26 minutes 68 seconds West along the northwesterly side of Main Road 274.25 feet to the point Or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the pa~y of the first part by deed dated 911812001, recorded t013/200t in Liber 12145, Page t60. This conveyance is made in the ordinary course of business of the party of the first part. TOGETHER with all right, title and interest, if any, of the pariy of the first part in and to 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, TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that ihe 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. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first pad will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the Improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture se requires. iN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first ~.~ BUD R TY ' IN THE PRESENCE OF: ~ -~ by: ~' ~ FrederiCk W. Ko'ehler, ,Jr., Hart[~er STATE OF NEW YORK, COUNTY OF SUFFOLK ss: On the ~. [ <~' day of September in the year 2004, before me, the undersigned, personally appeared FREDERICK W. KOEHLER, JR. personally known to me or proved to me on the basis of satisfactory evidence to' be the individual (s) whose name (s) is (are) subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their capacity (les), and that by his/her/their signature (s) on the instrument, the individual (s), or the person upon behalf of which the individual (s) acted, executed the instrument. BARGAIN AND SALE DEED COVENANT AGAINST GRANTOR'S ACTS ~No. . DISTRICT SECTION BLOCK' LOT cOUNTY OR TOWN STREET ADDRESS 1000 ..075.00 01.00 021.000 SuffolldSmithtown 44255 Main Road Peconic, NY BUD REALTY TO OSPREY DOMINION CO. RETURN BY MAIL TO Bruce Kennedy, Esq. 31 Greene Avenue Amityville, NY 11701 (631) 691-0100 IEW YORK ~ SUFFOLK SS: ~ ~MPARE (SA~D CO THE SUPR ~ AT PAGE ~ ~. . D THE Ak,,,,-- URT BEI~,. __ EME COl~m'~ ',-,uP'YOFs,.,~... _ u=u~~_ ~ u/ u~ ORIGINAL ~ Y WHEREO~ I HAVE ~ AND OF THE WHOLE THEREO~ COURT THISbe.. - HEREUNTO S~ ..- ~O~UAYOF ~ ~' ~Y HAND ELIZABETH A. NEVILLE TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hail, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net TO: FROM: DATED: RE: OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD Southold Town Zoning Board of Appeals Elizabeth A. Neville December 2, 2004 Zoning Appeal No. 5643 Transmitted herewith is Zoning Appeals No. 5643 - F & S Koehler, Osprey's Dominion - Zoning Board of Appeals application for variance. Also included is Application to the Board of Appeals; Area Variance reasons; reason for use variance; ZBA questionnaire; short environmental assessment form; applicant transactional disclosure form; project description; Notice of disapproval dated March 19, 2003 amended November 17, 2004; Notice of disapproval dated March 19, 2003; Building permit application dated March 14, 2003; Concept description (four pages); transmittal from Dominion construction corp. (three pages); Recording page (Suffolk County); copy of deed and two copies of survey. Town Of Southold P.O Box 1179 Southold, NY 11971 * * * RECEIPT * * * Date: 11/30/04 Transaction(s): Application Fees Receipt~: 13178 Subtotal $4OO.OO Check#:13178 Total Paid: $400.00 Name: Koehler, F & S 376 Fulton Street Farmingdale, NY 11735 Clerk ID: BONNIED Internal ID: 101949 TO: DOMINION CONS~UCTION CORP. DESIGN BUILDERS/GENERAL CONTRACTORS 108 ALLEN BLVD~ FARMINGDALL NEW YORK 11735 OFFICE (631) 24-9-0888 \ FAX (631) 694-4-649 ,, Transmittal Town of Southold From: JOhn K°ehler Date: September 1, 2004 53095 Main Road, PO Box 1179 Reference: Attn: Board Of ApPealS We Are submi~i~gi submitted for: ~i0n Taken: [] Shop Drawings []Approval [] Approved as Submitted Pr{n~s [] ~0m- OSe [] ApproVed as Noted [] Plans [] As Requested [] Return for Corrections ~ Le~e~ ~ Returned ~ cBange 0r~er ~ Ret~n~d for corrections original Date No. Description ~E~h i~ti~6~ 6iS~P~0~ai E.A.F. Form ~B~ Qu~sti~onn~ir~ :~ Plans ~ surveys · t~ ~,_' ~ cc: DCC File Signed: John Koehler If Enclosures Are Not As Noted, Please Notify Us Immediately 10/25/2004 16:25 51684~i~3'S GRAMMAS CONSULTANTS ARCHI'FECT5 ~ EN-~INEER5 R MMAS CONSULTANTS PAGE 01 Facsimile To: From: Date: Ms. Ruth D. Olivia, Chairwoman Zoning Board of Appeals Town of Southold Brad Allen 25th October, 2004 Re: Osprey Dominion Vineyards SCTM# 1000 Section: 75, Block: 1, Lot: 21 Artist's Studio Our File No.: 3109 Fax: 631.765.9064 Comments: Supplemental documents are being forwarded to your offices regarding the above referenced application to the Town of Southold Zoning Board of Appeals. These documents include an application to the Town Board of Appeals, a project description and questionnaire, disclosure form, and an environmental assessment form. Under separate cover, surveys coveting the entire Osprey Dominion parcel, as well as copies of the Deed of Record from the Suffolk County Clerk's Office are being provided for inclusion with the application. If you have any questions, or need additional information, please contact our offices. Fami~daJc, N,Y, 11735.3461 J I,.w RAMMAS A~OHITEOT5 ~ CONSULTANTS Transmittal To: Ms. Ruth D. Olivia, Chairwoman Zoning Board of Appeals Town of Southold From: Brad Allen Date: 25th October, 2004 ~'~ ~'~ Re: Osprey Dominion Vineyards SCTM# 1000 Section: 75, Block: 1, Lot: 21 Peconic Our File No.: 3109 Via: Fed-Ex Comments: Please find enclosed supplemental information which should be included into our recent submittal to the Zoning Board of Appeals for the above referenced project. These enclosures include surveys of both the entire parcel under consideration, as well as the current deed as provided by the Suffolk County Clerk. Please include these documents with the previously forwarded application to the Board for your review of the above proposed project. Thank you for your attention to matter. If you have any questions, please call our offices. 374 Fulton Street, Route 109 Farmingdale, N,Y. 11735-3461 Telephone (516) 8474395 Fax (516) 847-0536 E-Mail: NCDC~AOL.COM LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA P.C. W1LLLIAM WICKHAM (06-02) ERIC J. BRESSLER ABIGAIL A. W1CKHAM LYNNE M. GORDON JANET GEASA 13015 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO. 631-298-8565 September 21, 2005 MELVILLE OFFICE 275 BROAD HOLLOW RD SUITE 11 I MELVILLE, N.Y. 11747 631-249-9480 FAX NO. 631-249-9484 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Osprey's Dominion Appeal No. 5643 1000-75-1-20.2 & 20.1 Ladies, Gentlemen: The current status of this matter is as follows: 1. The wetlands were flagged and the surveyor has plotted them on the map. 2. We are scheduling a meeting with our environmental consultant to discuss wetlands considerations in building placement. 3. We have requested preliminary revisions to the proposed site plan to address wetlands locations and parking considerations. When the meeting with the environmental consultant it held, we will incorporate his suggestions in the revisions. 4. When the plan revised, we will send a copy to the Planning Board for pre- submission review. 5. We have reconfigured the entire concept of the building to a purely cultural arts center and have eliminated the retail aspects (frame shop, etc.) 5. We will provide an analysis of alternative sites on the property. AAW/jt\ ZbaJshdzba (631) 765-1809 OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 Email addresses: Linda. Kowalski~Town. Southold.ny. us http://southoldtown.northfork.net fax (631) 765-9064 FAX TRANSMISSION / / ~/aoo~~ Please feel free to call if you did not receive all sheets between 8-4. Thank you. Pages attached: '~,~ . OFFICE OF ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building at Youngs & Main Road Southold, NY 1197-0959 Email: Linda. Kowalski~Town.Southold.ny..; (631) 765-1809 (ext. 5011 at start of recording) REPLY FORM http://southoldtown.northfork.net fax (631) 765-9064 ZB Ref~ ~-& ~/',.~ - ~ Date of Building Inspector'~ No,ce of Disapproval: ~/~/0 ~- ~L~./~ rJ ( ) The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: ( ) Please furnish seven (7) sets of the following (within about 7 days, if possible in order that the application can be advertised for the public hearing calendar date of: ). The advertising deadline is 22 days before the meeting date. You may forward the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (~ Missing information - OTHER/INFORMATION REQUESTED, when possible (7 sets with cover/transmittal sheet): ¢zZ~-~ ~,~ (2) Filing fee $ (~00, ~'~Check amount was' $ ~ .~ Please contact our office (or send new check). ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height (# of stories and distance from ground to top/ridge detail (and mean height, if known); also landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. Thank you. LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, JANUARY 20, 2005 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 100 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, JANUARY 20, 2005: 10:25 AM F.W. KOEHLER and OSPREY DOMINION #5643. Request for Variances under Sections 100-31C and 100-33 based on the Building Department's March 19, 2004 Notice of Disapproval, amended November 17, 2004, concerning a proposed art gallery in a separate building as an accessory to the existing principal winery use, and with a location in a front yard instead of the code required rear yard for accessory buildings. The applicants propose to merge the vacant parcel with the winery parcel. Location of Property: 44255 Main Road, Peconic; CTM 1000-75-1-21. 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. If you have questions, please do not hesitate to call (631) 765-1809. Dated: January 4, 2005. BY ORDER OF THE ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RUTH D. OLIVA, CHAIRWOMAN By Linda Kowalski Page 4 - Minute~ M~qing held March 31, 2005 Soulhold Town Beard of Appoals PUBLIC HEARINGS, continued: 11:28 AM ROBERT K. SCRIPPS #5685. Request for a Variance under Section 100-242A and 100-244, based on the Building Department's December 13, 2004 Notice of Disapproval, concerning a building permit application for a dormer addition which has been deemed to be an increase in the degree of nonconformance at less than 15 ft. on a single side yard, at 2745 Pine Tree Road, Cutchogue; CTM 104-3-6. (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Odando, to dose the hearing reserving decision. The Resolution was duly adopted (5-0). 11:30 AM TIMOTHY and MRS. STEELE #5618. Request for Variances under Sections 100- 31A(2)(c) and 100-242A, based on the Building Department's April 23, 2003 Notice of Disapproval, amended January 28, 2005, concerning a building permit application for: (a) an as- built accessory shed (building #3-storage container) partly located in a front and side yard rather than a rear yard, (b) an accessory shed (building #4-storage container) partly located in a side yard, (c) farm/barn (building #1) does not conform to the 75 ft. minimum principal building rear yard setback, (d) additions with alterations to a nonconforming accessory garage, for the reason that the garage (building #2) is not entirely in a rear yard, and is extended into a fi'ont yard. Location of Property: 13795 Oregon Road (right-of-way at north side of property), Cutchogue; CTM 83-2-10.16. (Please see transcript of written statements prepared under separate ccver;) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Orlando, to adjourn to June 2, 2005. The Resolution was duly adopted (5- 0). 12:23 PM DONNA COOK #5638. (Carryover from 1/20/05 pending Wetlands determination or Letter of No Jurisdiction from Board of Town Trustees.) Motion offered by Chairwoman Oliva, and seconded by Member Odando to adjourn to May 4, 2005 at 10:00 AM. The Resolution was duly adopted (5-0). 12:25 PM F. W. K~E~EEE and ~ D~INI~N #5643. (Carryover from 1/20/05.) Motion was made by Member Goehringer and seconded by Member Orlando, to adjourn to June 2, 2005. The Resolution was duly adopted (5-0). Lunch Break was taken from 12:26 PM - 12:55 PM. Chairwoman Oliva reconvened the meeting at 1:07 PM, and proceeded with Agenda Items as follow 1:07 PM MARLO ANTICEV #.5633. (Carryover from 2/3, 1/20, 1 2/16 for Planning Board review/letter for amendment to existing subdivision or other reply). Request for Variances under Sections 100-32, based on the Building Department's August 25, 2004 Notice of Disapproval, amended November 4, 2004, for a proposed parcel with a land area of less than 80,000 sq. ft. in this R-60 Residential Zone District. Location of Property: 2005 Old North Road, Southold; CTM 54-3-part of 26.4 (also shown as part of Lot 2, Map of Lighthouse Associates/Minor Subdivision). (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Simon, to adjourn to June 2, 2005. The Resolution was duly adopted (5-0). 1:26 PM WILLIAM and JANICE CLAUDIO #5655 (Carryover from 3/3/05 for Planning Board review/letter). (Please see transcript of written statements prepared under separate cover.) BOARD RESOLUTION: After receiving testimony, motion was offered by Chairwoman Oliva, seconded by Member Goehringer, to close the hearing reserving decision. The Resolution was duly adopted (5-0). Page 3 - Agenda March 31,2005 Regular Meeting Southold Town Board of Appeals II. PUBLIC HEARINGS - Please note: written testimony in lieu of extensive oral testimony is requested and appreciated. Ail testimony is requested to be brief and limited to zoning issues properly before the Board. 10:15 AM DAYSMAN and NANNIE P. MORRIS #5684. Request for a Lot Waiver under Section 100-26, to unmerge County Tax Map Ref. 1000-48-3-24 from the adjacent County Tax Map 1000-48-3-7.1. Based on the Building Department's January 19, 2005 Notice of Disapproval, both lots are merged under Section 100-25. Location of Property: 245 Brown Street and 390 Linnet Street, Greenport. 10:25 AM ROBERT K. SCRIPPS #5685. Request for a Variance under Sections 100-242A and 100-244, based on the Building Department's December 13, 2004 Notice of Disapproval, concerning a building permit application for a dormer addition which has been deemed to be an increase in the degree of nonconformance at less than 15 ft. on a single side yard, at 2745 Pine Tree Road, Cutchogue; CTM 104-3-6. 10:36 AM TIMOTHY STEELE #5618. Request for Variances under Sections 100-31A(2)(c) and 100- 242A, based on the Building Department's April 23, 2003 Notice of Disapproval, amended January 28, 2006, concerning a building permit application for: (a) an as-built accessory shed (building #3-storage container) partly located in a front and side yard rather than a rear yard, (b) an accessory shed (building #4-storage container) partly located in a side yard, (c) farm/barn (building #1) does not conform to the 76 ft. minimum principal building rear yard setback, (d) additions with alterations to a nonconforming accessory garage, for the reason that the garage (building #2) is not entirely in a rear yard, and is extended into a front yard. Location of Property: 13795 Oregon Road (right-of-way at north side of property), Cutchogue; CTM 83-2-10.16. 10:50 AM DONNA COOK #5638 (Carryover from 1/20/05 pending Wetlands determination or Letter of Ne Jurisdiction from the Board of Town Trustees.) Resolution to adjourn to May 4, 2005 at fO:SO AM. F.Wi.!i.~'~ andi~ili~!~ #5643. Resolution adjourning to June 2, 2005, subject to receiving alternative plan (possible addition for consideration) by May 5, 2005. (Carryover from 1/20/05. (Original request for Variances under Sections 100-31C and 100-33 based on the Building Department's March 19, 2004 Notice of Disapproval, amended November 17, 2004, concerning a proposed art gallery in a separate building as an accessory to the existing principal winery use, and with a location in a front yard instead of the code required rear yard for accessory buildings. The applicants propose to merge the vacant parcel with the winery parcel. Location: 44255 Main Road, Peconic; CTM 75-1-21.) 1:00 PM MARKO ANTICEV #5633 (Carryover from 2/3, 1/20, 12/16 for Planning Board review/letter for amendment to existing subdivision or other reply). Request for a Variance under Section 100-32, based on the Building Department's August 25, 2004 Notice of Disapproval, amended November 4, 2004, for a proposed parcel with a land area of less than 80,000 sq. ft. in this R-80 Residential Zone District. Location of Property: 2006 Old North Road, Southold; CTM 54-3-part of 26.4 (also shown as part of Lot 2, Map of Lighthouse Associates/Minor Subdivision). ARCHITECTURAL REVIEW COMMITTEE MEETING AGENDA 4:00PM MARCH 1, 2006 TOWN HALL CONFERENCE ROOM Revisit: BCB Realty Holding Corp. SCTM# 1000-45-4-8.3 This site plan is for the demolition of an existing restaurant building, proposed new construction of two buildings that includes a building on the e/s with 3,964 sq. ft. of first floor office space and a 3,706 sq. ft. second floor apartment space with three apartments, and a building on the w/s with 4,424 sq. ft. of commercial bank space with drive-up teller service on a 1.41-acre parcel in the B Zone located on the n/s/o NYS Road 25 approximately 259' w/o Moore's Lane known as 74825 Main Road in Greenport. Malon Industries, Inc. SCTM# '1000-97-5-4.5 This site plan amendment includes parking changes and a drive-up window for a bank on a 1.2356-acre parcel in the B Zone located approximately 83.35' w/o Cox's Lane, on the n/s/o NYS Road 25 known as 32845 NYS Road 25 in Cutchogue. New: Guild Greenhouse SCTM# 1000-68-4-19 Build a new greenhouse of 34,992 sq. ft. and a greenhouse addition of 2,376 sq.ft connecting the new greenhouse to an existing greenhouse of 34,992 sq.ft.; all on a 6.0002-acre parcel in the A-C Zone located 2,646' e/o Mill Road on the n/s/o County ,/./~d 48 in P_e~nic. ~__¢~ Osprey's Domi, hion Conservatory Add. SCTM#'s 1000-75-'1-20.1 & 20.2 ~',~ / Alteration/expansion of existing 1,357 s.f. building to include a first floor addition of a _~'~/~ ~n. servatory and a second floor storage area of 1,645 s.f. Total building area ~p~i(~'~ill be 4,814 s.f., which will include additional parking from an existing F~-~ ) 31 spaces to a total of 93 spaces, 59 of which will be land-banked.; all on a 50.46-acre parcel in the A-C Zone located on the n/s/o New York State Road 25 and 1,506' e/o Peconic Lane known as 44075 Main Road in Peconic. East Marion FD Telecom SCTM# 1000-31-3-11.31 Erect a 120' cellular stealth flagpole-type tower with Cingular equipment internally installed at heights of 107' & 117'. The pole illustrates a USA flag at the top. The Fire Department antennae are externally located at heights of 120' & under 96'; all on a 3.0583-acre split-zoned parcel in the R-40 & HB Zones located on the n/s/o NYS Route 25 approximately 494' w/o Stars Road in East Marion. ZONING BOARD' OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of~Applicants) CTM Parcel # lO00- AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) New York, being duly sworn, depose and say that: On the 1o day of~~ I personally mailed at the United States Post Office in~t~l~;~:~[I~:~, 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 official 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 to Y~layofJTar~ua"~/ , 200.5 1 (Notary Publ~ BAfl;M, RA LAUFMAN No~ Publlo, State Of New NO. 01LA6084235 Qualified II1 Suffolk Olrrwn~ion Explru Deo. E, 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. Postage Po~ta~e Pestage 0.8~. 07~5 ONo t~ ~ Mamm mc.O.D. 7002 2410 0004 8627 6337 _ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as 000- '/5' I - 2_{ COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF SIGN POSTING 0 r- i¢-~ 4- ~ , New York, belong duly sworn, depose and say that: On the ~2-*~ day of 13-'tx~u. ar.,/,Z00~, 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-my (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 place for seven days prior to that d~'e of the subject heating date, which hearing date was shown m be 'J/k ~ 2-04~ 7...oo ff, Sworn to before me this day of_.36/laO tlf'~ , 200~-"- ~" (Notary Publi~)/ (Signature) PENNY BEDELL Notary Public. State of ~4+~.., ~- No. 01BE609931 ? Qualified in Suffolk County *near the entrance or driveway entrance of my property, as the area most visible to passersby. #7285 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Joan Ann Weber of Mattituck, in said county, being duly sworn, says that he/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 weeks, successively, commencing on the 6th day of January ,2005 Sworn to before me this 2005 ~ · v~- ~HRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Qualified In Suffolk County Commission Expires February 28, 2008 ~ Clerk ~ ~'~'cipal day of (~~~ su,mt to Si/b[~bn 267 9f t~;T3Wff Lair APPE~a ~ T6~ '~, 53~5 Mare Ro~, Re. Box 1179, Sou~old, ~low (or ~ s~n ~[~ey m mssl- ~ bl~): 9:30 AM CONSTANCE BEEBE S~on 1~32, b~ on,~, ~i~g 9:35 Disa~mvM c~g,. ~a' p~d porch ~d lot-cov~gg (20% o[ Sections ~ ~ con- side y~d ~t le~s th~ I 9:45/~l t~ffi~gARl5 andq~LEANOR Piivate Road $12 {~so ~o~ ~ WMdy CO~Y ~5~5. Request for a S~cial Po~ ~e), Sou~old. ~ne Dis~ct: Exception re ~mbli~ ~d B~t, ~ ~ ~i~nml..,~ Au~ 27, 2~ ~fi~ of ;~?w ~e o~er's~cy~ s~e- ~ ~ Novm~r 10, f~ly ~e~ ~p ~r ~4) ~- ~ ~~u~g: . 9:50 ~ BARRY ~d ~TE c~t~s~aW~v~m~elo~ ~es~ sh~ Point R~. ~ho~ (OLD fcar- Road. 10:05 AMMARK 4otice of Disapproval c ' ' llll~l~pper level porch, w~th setbacks at 100 feet from top of LI Sound 63165 C.R. 48 a/Ma North 100- on the 2004 r at 125 ft. height with The that meet ~ wihh a proposed height at 125 feet. (2l is not permitted to be locat- ed within 3130 feet of historic propemes. CTM 18-5-15.1. 18-5-11.1. and (3) is not permitted on a nonconforming lot less than a Section mance with front than 35 fe~t, al 425 b~sed on ~¥ ?~ ~ ~ gy~ Kowalski October 14 2004 Notice of Disapproval, concerning a ~ deck addition at le~s thim 75 feet~ the existing ~tone riprap, at 159534._5,Bay //7/6 1~' SUCHER for 20%qot coverage and '~1 not meet the code reqttired 35 feet from the front lot line, 35 feet fxom the rear lot line, 10 ~'fi~Office 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 TOWN MEMO TO: Planning Board FROM: Ruth D. Oliva, Chairwoman, Zoning Board of Appeals DATE: Januaw 5,2005 SUBJECT: Coordination for Reply/Comments Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 The ZBA is reviewing the following application for an advertised January 20, 2005 public hearing. Enclosed are copies of the Building Department's Notice of Disapproval and ZB application with map. The Planning Board may be involved regarding a proposed accessory building to be used as an art gallery in conjunction with the existing winery uses under the zoning regulations, and your comments are requested at this time. The file is available for review of additional documentation at your convenience. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DAT...__[E DATE STAMPED KOEHLER, 75-1-20.1 5643 11/17/04 100-31C Survey Stanley OSPREY 20.2, 21 4- proposed art rev. Isaksen, ES. DOMINION 5,/~ ~/¢~ gallery in 11/8/01 ,,~ WINERY conjunction with . -* winery uses. Your comments are appreciated by January 14, 2005. Thank you. (631) 765-1809 OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 Email addresses: Linda. Kowalski~Town. Southold;n¥.us http://southoldtown.northfork.net fax (631) 765-9064 FAX TRANSMISSION MESSAGE: Please find attached copies for your information. Thank you. Pages attached: '__~__. / / /g~ /200n~- 75.-,2-1 44335 MAIN RD = OWNER & MAILING INFO BAUER JACQUELINE G PO BOX 1084 SOUTHOLD NY 11971 75.-6-7.7 44900 MAIN RD = OWNER & MAILING INFO ===I=MI COFFEY TIMOTHY IRS- 44900 MAIN ROAD I 1 SOUTHOLD NY 11971 I BA I I ==DIMENSIONS ===1======= SALES ACRES lS.36 IBOOK 9953 75.-6-6.B, PRCL 44190 MAIN RD = OWNER & MAILING INFO ===I=MI STANKEWICZ JOHN JR IRS- MAIN RD PO BOX 203 PECONIC NY 119S8 1 BA ==DIMENSIONS ===1======= SALES ACRES 1.83 IBOOK 11085 PRCL 75.-6-6.1 44030 MAIN RD = OWNER & MAILING INFO ===I=MI LITTLE BEAR REALTY INC IRS- C/O DAVIDOFF & MALITO LLP 1 ATT: HOWARD B PRESENT BA 605 THIRD AVE & 34TH AVE NEW YORK NY 101~8 ==DIMENSIONS ===1======= SALES ACRES 23.82 IBOOK 11840 75.-1~17.1 9~/~, ~ P 43635 MAIN RD = OWNER & MAILING INFO ===1 CICHANOWICZ FRANK III I MAIN ROAD #180 I PECONIC NY 119~8 I 75.-6-7.5 44900 MAIN RD = OWNER & MAILING INFO COFFEY TIMOTHY 44900 MAIN ROAD SOUTHOLD NY 11971 75.-2-2.1 44535 MAIN RD = OWNER & MAILING INFO MERLOT LLC 591A BICYCLE PATH PORT JEFFERSON STA NY ===I=MIS IRS-S 1 BAN 11776 Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 January 4,2005 , · hnp://southold~wp~northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Re: Chapter 58 - Public Notices for Thursday, January 20, 2005 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 Long Island Traveler-Watchman newspaper. 1) Before JAN 10th:. please send the enclosed Legal Notice, with both a Cover Letter including a con- tact person and telephone number and copy of your amended Survey or Site Map filed with this variance application which shows the new construction area, CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all 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 addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall (631 765-1937) and the County 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 mailing address or to deliver the letter to the current owner, to the best of your ability and to confirm this in either a written statement, or at the hearing, with the returned letter. AND by JAN. 10th: please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, and return it with the white receipts postmarked by the Post Office. When the green signature cards are returned to you 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 at the hearing and return it when available. These will be kept in the permanent record as proof of all Notices. 2) By JAN. 13~h: please make arrangements to place the enclosed poster on a signboard such as plywood or similar material, posting it at your property for at least seven (7) days. 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 also mail, or deliver your Affidavit of Posting at the hearing. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. 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: OSPREY DOMINION #5647 MAP #: 75-1-21 APPEAL: VARIANCES- ART GALLERY REQUEST: ACCESSORY USE & LOCATION DATE: THURS., JAN. 20th 10:25 AM 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 P ZONING BOARD OF APPEALS Mailing Address: 53095 Main Road, P.O. Box 1179 Office Location: Town Annex, NFB Building at Youngs & Main Road Southold, NY 1197-0959 Emaih Linda. Kowalski~.Town. Southold.n¥.us http://southoldtown.northfork.net (631) 765-1809 ( ,~/q~ ~-~/) f~ (631) 765-9064 REPLY FORM ZBAFile#~- (:~4~4. ,~D ~-~oz).5" ~'/~..~-~/~ [~,z~.~:~-- x . Date of Building lnspector l~otice of D(sapprovah ")3_/D./*-. /? .~_Ob/-~ /,'~,~ ) . ( ) The application is incomplete for the reasons noted below. Please furnish seven (7) sets of the following: (~) Please furnish seven (7) sets of the following (within about'days, if possible in order that the application can be advertised for the public hearing calendar date of: / - o~ O - .~ o ~ ~4- ). The advertising deadline is 22 days before the meeting date. You may forward the information by fax at 765-9064, however, please send the original and six sets by mail or by hand. Thank you. ( ) The map submitted does not match the information on the Building Inspector's Notice of Disapproval. Please submit the amendments dated directly to the Building Department for review, and if an amended Notice of Disapproval is issued, please furnish seven (7) copies with a cover letter confirming that the amended relief that is being added or revised in your request for variance(s). Thank you. (7~-Missinginf°rmati°n: /D4J~ '~ ~ 07/b:r~ j~"~"~2 ~'~C'~Z~'~'~/ OTHER/INFORMATION REQUESTED, when possible (7 sets with cover/transmittal sheet): (~) Filing fee is $ ~. ~Amount due at this time (please mail): ~0'0 (Amount paid was: ~ ). ( ) Available survey showing existing property/building details, with licensed surveyor information. ( ) Architectural map or updated survey showing dimensions of existing and proposed new construction areas, setbacks to property lines, and building lot coverage calculations. ( ) Rough diagram or sketch with building height data (# of stories and distance from ground to top of ridge (and mean height, if known); ( ) landscaping proposed in the area of the construction. ( ) Letter confirming status and date of review by other involved agencies for presubmission comments, or copy of up-to-date agency action. ( ) Updated single-and-separate search dated back to April 23, 1957 (Zoning Section 100-23D-4), and copies of deeds dating back to creation of original lot lines for this property. Thank you. (631) 765-1809 OFFICE OF ZONING BOARD OF APPEALS 53095 Main Road Southold, NY 11971 Email addresses: Linda. Kowalski~Town. Southold.n¥.u~ http://southoldtown.northfork.net fax (631) 765-90647~,' FAX TRANSMISSION ATTN: .~"/~-~4~,~ ~Y_.~ __~'.:_.~z~,fl~Y',~. DATE: / / ~' /200~ SUBJECT: MESSAGE: Please find attached copies for your information. Please feel fre~Vto call if yocfdid nc~ receive all sheets between 8-4. Thankyou. .~Z~ ~~ Al/PEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora Vincent Orlando James Dinizio, Jr. Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 ~' http://southoldtown.northfork.net RECEIVED ~-~,~ BOARD OF APPEALS TOWN OF SOUTHOLD [IRY 2 4. ~004 FINDINGS, DELIBERATIONS AND DETERMINATIO~ ~MAY 20, 2004 Appl. No. 5432-V - Long Island Power Authority, Lessee~ by Keyspan~ as Agent Property Owner: Osprey Dominion Ltd. by Frederick Koehler, President Property Location: 44075 Main Road, Peconic; CTM #1000-75-1-20.1; 20.2 PROPERTY FACTS/DESCRIPTION: The applicant's parcel consists of 50+- acres located on the north side of the Main Rod (NYS Route 25) in Peconlc, including 4.6+- acres for the existing winery agricultural building and processing building, and the remaining farm land (vineyards) of 45.4+- acres. The property is located in the Agricultural-Conservation (A/C) Zone District. BASIS OF APPLICATION: Variance from Section 100-33A concerning the applicant's proposed wind turbine structure which will exceed the code's height limitation of 18 feet. FINDINGS OF FACT The Zoning Board of Appeals held a public hearing on this application on December 18, 2003 and February 26, 2004, at which time written and oral evidence were presented. In addition, legal replies were permitted to be submitted not later than April 2, 2004. 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: VARIANCE RELIEF REQUESTED: A Variance Is requested under Section 100-33A to install a wind turbine facility containing the wind turbine on top of a support tower and control equipment. This structure Includes a width of 50 feet for the turbine blades. The structure will be located on a section of land 875 sq. ft. in size (25' x 35'), after dedicating two acres to the proposed turbine use. The owner (Osprey Dominion Ltd.) owns both this 4.6+- acre site with a winery and the adjacent 45.4+- acres with vineyards, restricted to non-development. Also submitted are a 12/17/03 Landscape Plan and 12117103 site map, revised 3/15/04 by J. Grammas Consultants, and construction details for the proposed 125' high wind turbine (100' plus 25' blade span). The proposed turbine structure will be at least 600' from road north of the existing agricultural buildings. ADDITIONAL INFORMATION: The applicant, LIPA/Keyspan, indicates a 20-yr. lease, with a 25' x 35' section of land for construction and operation of a turbine structure. The purpose of the wind turbine structure is as an experimental purpose related to generating clean energy, in a joint 10- year program with the LI Farm Bureau for demonstration purposes. The production module Is 15150 Drive Train assembly manufactured by AOC. The applicant proposes a 20-year time frame. During the hearings, nearby landowners and homeowners expressed concerns regarding noise drone levels at certain times of operation. The applicant confirms increased noise Page 2 - May 20, 2004 Appl. No. 5432v- LIPNKeyspanlOsprey 75-t-20.1, 20.2 at Peconlc and vibration levels for a limited time period, and proposes Iow-noise emission level equipment and operational procedures during construction activities. Max. sound power level Is 101 dB (p. 2-37 of EA). Neighbors also expressed concern over the visual impacts in this rural neighborhood. Once the structure Is built, it will be visible from locations within 1-mlle. The structure would be easily viewed from the Scenic Byways Corridor designed by New York State (Route 25 and Route 48) and within 1740 feet, or more, over open spaces and fields. The property Is at least 600 feet wide, and clearly visible from adJacent areas, including open fields, residences, pedestrians, and while driving along the Main Road and along Wells Road to the southwest. The proposed facility will also be visible across the fields between the Peconic Recreation Center, from approximately seven homes on the west side of Peconic Lane, and adjacent areas on the east and north of this site. A structure at 125 feet in height is not consistent with the surrounding rural character of this area and will be visible from various segments of the roadways and from nearby parks, landscapes, farms and other open spaces, and residentially used property. The Installation of this structure will create a distinctly commercial view Intsrfeflng with the historical and rural vistas on the New York State designed Scenic Byway, and the Town of Southold's major east-west thoroughfare. The particular site chosen by applicant is a well-established vineyard with at least 49 acres of open space and agricultural winery. Also, the adjoining residential and agriculturally zoned uses (landscape nursery, farmland, single-family dwellings) are expanding. In addressing visual concerns, the applicant has offered: a) monthly site visits, b) a neutral color and a design with lattice built into the structure, and c) to locate the structure north of the two winery buildings on the site, within the agricultural landscape and grape vineyards. These measures do not satisfy the concerns about visibility, since monthly site visits will only confirm and not remedy this concern, and do not demonstrate how additional construction material (lattice) makes the tower and blades less visible, particularly at the top half portion of the tower where the blades are visible over the existing buildings and tree lines and not screened from view. The applicant owns other parcels within Suffolk County either being used or available for an experimental energy generating purposes, Including some that are already improved with public utility structure uses. It Is not disputed that other areas within the Town or County are available for purchase or lease to house such an experimental project. REASONS FOR BOARD ACTION: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Grant of the variance will produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The particular site chosen by applicant is an established vineyard with at least 49 acres of open space and existing agricultural activities. A Town Recreation Center, Jean W. Cochrsn Park, and Robert W. Tasker Park are all located on Peconic Lane near the proposed facility. The proposed facility will be Page 3 - May 20, 2004 Appl. No. 5432v - LIPAJKeyspan/Osprey 75-1-20.1,20.2 at Peconic visible across the fields between the Peconic Recreation Center and the Main Road and give an "industrial" appearance. The proposed 125 ft. high wind turbine structure Is not consistent with the surrounding rural character of this area, and the proposed 125 ft. high structure will create a distinctly commercial view over the surrounding farm lands and open spaces, impacting and Interfering with the historical and rural vistas on the New York State designed Scanlc Byway, and the Town of Southold's major east-west thoroughfare. It is conceded that the proposed turbine will increase noise and vibration levels in the neighborhood. 2. The benefit sought by the applicant can be achieved by some method, feasible for the applicant to pursue, other than an area variance. The applicant is proposing a wind turbine structure at a height of 125 feet, Instead of the code's height limitation of 18 feet, as an experiment over a 20-year time period. At the public hearing, the Board asked the applicant whether the turbine could be reduced in height, and no proof was offered to show whether a lower structure (wind turbine) was in good faith planned and constructed at any other locations, for any periods of times, with alternative designs or at an alternative, lower height. Also, the applicant has not demonstrated a current public need for the height of this structure at 125 feet to serve areas within the town. The applicant did not present detailed evidence as to which sites could be or may have been considered in its analysis. It was not adequately demonstrated that this particular agricultural site Is the only place it can put a wind turbine, and why a full 125 ft. height instead of an alternative lower height is necessary. 3. The variance requested is substantial in relation to the code requirement. The height requested is 107 feet greater than the code limitation of 18 feet, resulting in a variance greater than 500%. 4. The alleged difficulty has been self-created. The code provisions were in effect prior to applicant's plan to purchase and build this structure, knowing that the proposed structure is not a public necessity serving the town, and knowing that the structure is experimental, and that the height exceeds the code at 125 feet in height. 5. Information has been submitted to suggest that grant of the relief requested will have an adverse impact on physical and environmental conditions in the neighborhood. This particular site chosen by applicant is a well-established vineyard with at least 49 acres of open space and agricultural winery. Also, the adjoining residential and agriculturally zoned uses (landscape nursery, farmland, single-family dwellings) are expanding. The proposed 125 ff. high wind turbine structure is not consistent with the surrounding rural and residential character of this area. A Town Recreation Center, Jean W. Cochran Park, and Robert W. Tasker Park are all located on Peconic Lane near the proposed facility. The proposed facility will be visible across the fields between the Peconic Recreation Center and the Main Road and give an "industrial" appearance. The proposed 125 ft. high structure will create a distinctly commercial view, visible from the nearby homes and over the surrounding open farm lands and other open spaces, impacting and interfering with the historical and rural vistas on the New York State designed Scenic Byway, and the Town of Southold's major east-west thoroughfare. Page 4- May 20, 2004 Appl. No. 5432v- UPAJKeyspan/Osprey 75-t-20.1, 20.2 at Peconic 6. The proposed wind turbine would increase noise levels at the nearby residence by 1.3 dBA to a background noise level of approximately 49.7 dBA (rof. 2-38 of EA). Maximum noise levels from the blades of the proposed wind turbine occur during periods when high winds occur. The applicant stated that the maximum sound power level is 101 decibels of noise from the proposed wind turbine. During periods of high winds, ambient noise levels tend to be higher. (Pgs. 2-37, 2-38 EA). 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 Chairwoman Oliva, seconded by Member Orlando, and duly carried, to DENY the variance, as applied for. Vote of the Board: Ayes: Members Oliva (Chairwoman), Tortora, and Orlando. Nay: Member Dlnlzlo. (Absent was Member C;~ehrlnger.) This Resolution was duly adopted RUTH D. OLIVA, CHAIRWOMAN Approved for Filing 5/4'~./04 APPEALS BOARD MEMBERS Ruth D. Oliva, Chairwoman Gerard P. Goehringer Lydia A. Tortora. Vincent Orlando James Dinizio, Jr. x[ ' http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED /.'/& ',97 MAY 20, 2004 $OUt/lOId ZBA #5450-SE - Lono Island Power Authority, Lessee, by Kevsr}an, as A~ent Property Owner: Osprey Dominion Ltd. by Frederick Koehler, President Property Location: 44075 Main Road, Peconic; CTM #75-1-20.1; 20.2 FINDINGS OF FACT PROPERTY FACTS/DESCRIPTION: The applicant's parcel is located in the Agricultural- Conservation (A/C) Zone District, and consists of 50+- acres, 4.6+- acres for the existing winery/agricultural use and 45.4+- acres, located on the north side of the Main Road (NYS Route 25) In Peconic. A 4.6+- acre section of the entire 50 acres is improved with two agricultural buildings and on-site processing of grapes from owner's vineyards. APPLICANT'S RECIUESTIBASIS OF APPLICATION: The applicant is requesting a Special Exception under 100-31B(6) for a proposed experimental public utility wind turbine. STANDARDS/REASONS FOR BOARD ACTION: After review of the requirements set forth pursuant to Chapter 100 governing a public utility right-of-way, structure and use, as provided under Section 100-31B(6) in this Special Exception application, and on the basis of testimony presented, materials submitted, and personal inspection, the Board finds: The applicant (LIPA) is a public utility leasing 875 sq. ft. of land, with dedication of a two- acre area for the proposed turbine. The 12/17103 site map, revised 3/15/04 by J. Grammas Consultants, shows all areas of the agricultural site, existing and proposed, with the wind turbine use. The owner's 4.6+- acre site (CTM 75-1-20.1) Is occupied by the owner's agricultural winery. The owner's contiguous vineyard property, restricted to prohibit development, is 45.4+- acres. Combined the total property consists of 50.84 acres. Also submitted are a 12/17/03 Landscape Plan and construction details for the proposed 125' high wind turbine (100' plus 25' blade span). The wind turbine is shown in its proposed location 600 feet north of the Main Road. ADDITIONAL INFORMATION: The applicant, LIPA/Keyspan, indicates a 20-yr. lease, with a 25' x 35' section of land for construction and operation of a turbine structure. The purpose of the wind turbine structure is as an experimental purpose related to generating clean energy, in a joint 10- year program with the LI Farm Bureau for demonstration purposes. The production module is 15/50 Drive Train assembly manufactured by AOC. The applicant proposes a 20-year time frame. During the hearings, nearby landowners and homeowners expressed concerns regarding noise drone levels at certain times of operation. The applicant confirms increased noise Page 2 - May 20, 2004 Appl. No. 5450-SE - Osprey Dominion/LIPA 75-t-20.1, 20.2 at Peconlc and vibration levels for a limited time period, and proposes Iow-noise emission level equipment and operational procedures during construction activities. Max. sound power level Is 101 dB (p. 2-37 of EA). Neighbors also expressed concern over the visual impacts in this rural neighborhood. Once the structure Is built, It will be visible from locations within l-mile. The structure would be easily viewed from the Scenic Byways Corridor designed by New York State (Route 25 and Route 48) and within 1740 feet, or more, over open spaces and fields. In addressing visual concerns, the applicant has offered: a) monthly site visits, b) a neutral color and a design with lattice built into the structure, and c) to locate the structure north of the two winery buildings on the site, within the agricultural landscape and grape vineyards. These measures do not satisfy the concerns about visibility, since monthly site visits will only confirm and not remedy this concern, and do not demonstrate how additional construction material (lattlca) makes the tower and blades less visible, particularly at the top half portion of the tower where the blades are visible over the existing buildings and tree lines, and not screened from view. The applicant owns other parcels within Suffolk County either being used or available for an experimental energy generating purposes, Including some that are already Improved with public utility structure or uses. It is not disputed that other areas within the Town or County are available for purchase or lease to house such an experimental project. Zoning Code Section 100-31B(6) provides that: § 100-31. Use regulations. [Amended 3-14-1989 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Diatdcta, no building or premises shall be used and no building or part of a building shall be erected or altered which Is arranged, intended or daslgned to be used, In whole or In part, for any uses except the following: B. Uses permitted by special exception by the Board of Appeals. (Amended 12-21- 1993 by L.L. No. 27-1993]. The following uses are permitted by special exception from 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: (6) Public utility rights-of-way as well as structures and other Installations necessary to serve areas within the town, except that wireless communication facllltias must obtain approval pursuant to Article XVl, subject to such conditions as the Board of Appeals may impose In order to protect and promote the health, safety, appearance and general welfare of the community and the character of the neighborhood In which the proposed structure Is to be constructed. [Amended t1-12- 1997 by L.L. No. 28-t997] First, the Board determines that the proposed 125 ft. high wind turbine structure does not qualify as a special exception use under Section 100-31B(6). The proposed wind turbine is neither a "public utility right-of-way" nor a structure or other Installation that is "necessary Page 3 - May 20, 2004 Appl. No. 5450-SE - Osprey Dominion/LIPA 75-1-20.1, 20.2 at Peconlc to serve" any area within the town. By definition, the conceded "experimental" wind turbine cannot be construed as necessary. Moreover, the proposed turbine is not in harmony with the zoning ordinance and will adversely affect the neighborhood for the reasons noted below. 2. The Board has reviewed the General Standards governing Special Exception uses set forth in Section 100-263 and finds that: A) The use of a portion of this property for installation of a wind turbine structure will prevent the orderly and reasonable use of adjacent properties and uses in this zone district and properties and uses in adjacent districts. The adjacent properties are in the Agricultural-Conservation and Residential Zone Districts. The safety, health, welfare, comfort, convenience, and the order of the town will be affected by the proposed use and its location. The proposed wind turbine is 125 feet in height to be hosted on an open farm. The structure is not consistent with the surrounding rural character of this area and will prevent the orderly and reasonable use of properties adjacent to this property and adjacent districts. The structure as proposed has not been a necessity for the operation of the farm or as a public necessity to serve the town. The proposed 125 ft. high structure will create a distinctly commercial view over the surrounding farm lands and open spaces, Impacting and Interfering with the historical and rural farms and open vistas along the New York State designed Scenic Byway, and the Town of Southold's major east-west thoroughfare. B) The use will not be In harmony with and will not promote the general purposes and intent of the code. Zoning Code Section 100-31B(6) clearly states that the only potentially pertinent use to be authorized by Special Exception is, "a public utility rl~lht-of- wav as well as structures and other installations necessary to serve areas within th~ town." The applicant is proposing a wind turbine with blades at '125 feet in height as an experimental facility hosted on an open farm. The proposed structure and use is not a public utility right-of-way. In addition, notwithstanding the experimental nature of this structure, the turbine could easily be located on other lands, including on other available lands in the area, or on other lands owned, leased or otherwise available to LIPA or Keyspan. As stated, it is neither a public utility right-of-way necessary to serve areas within the Town. It is not a permitted use and therefore contrary to the purposes of the code. C) The wind turbine is not compatible with its surroundings or with the character of the neighborhood and of the community in general, particularly with regarding to visibility, scale and overall appearance. The particular site chosen by applicant is and has been a well-established vineyard with at least 49 acres dedicated to agricultural open space, vineyards, and an agricultural winery use. Also, the adjoining residential and agriculturally zoned uses are expanding and consist of a landscape nursery use, farm uses, single-family dwellings. A Town Recreation Center, Jean W. Cochran Park, and Robert W. Tasker Park are all located on Peconic Lane near the proposed wind turbine tower. The proposed tower with turbine blades will be visible across the fields between Page 4 - May 20, 2004 Appl. No. 5450-SE- Osprey Dominion/LIPA 75-1-20. t, 20.2 at Peconic the Peconlc Recreation Center, from the Main Road, and will give an "industrial" appearance. The proposed 125 feet In height will create a distinctly commercial view, visible from the nearby homes and viewed over the surrounding rural, open farm lands and other open spaces, impacting and Interfering with the historical and rural vistas on the New York State designed Scenic Byway, and the Town of Southold's major east-west thoroughfare. 3. In making this determination, the Board has also reviewed other matters under Section 100-264, and finds that adverse conditions will result from an approval of a special exception In this matter.' A. There will be changes adversely affecting the character of the existing and probable development of uses In the district and the peculiar suitability of such district for the location of such permitted uses. The proposed 125 ft. high wind turbine structure will adversely affect the rural character of the surrounding area and the probably expansion of agricultural and residential uses. The property Is Zoned Agricultural-Conservation and R- 40 Low-Density Residential. The proposed 125 ft. high structure will create a distinctly commerolal view over the surrounding farm lands and open spaces, Impacting and Interfering with the historical and rural vistas on the New York State designed Scenic Byway, and the Town of Southold's major east-west thoroughfare. The particular site chosen by applicant is a well-established vineyard with at least 49 acres of agricultural and residential open space and agricultural winery. Also, the adjoining residential and agriculturally zoned uses (landscape nursery, farmland, single-family dwellings) are probable expanding permitted uses. The location of a commercial wind turbine Is peculiar to this district. B. Property values will not be conserved. No evidence has been submitted to show that the proposed experimental wind turbine In this area of surrounding agricultural and residential uses will conserve property values. The proposed turbine tower Is not a public utility necessary to serve the Town, and as such is not an authorized use in this Agricultural-Conservation Zone District. The structure Is not a farm structure, and no wind turbines have historically existed within area farms in the town for the purpose proposed by applicant. The applicant also has not provided proof that the structure is accessory or Incidentally necessary to the agricultural uses at the slt~: The applicant also has not proven that installation of this structure is a public necessity to serve the town. C. The operation of a wind turbine at a height of 125 feet will cause undue Interference with the orderly enjoyment by the public, and by recreational facilities, existing or proposed by the town or by other competent governmental agencies. The wing span of the blades will be 50 feet wide, and viewed above the tops of mature trees, visible from the Main Road and areas to the south/west, over and above the roof of the existing agricultural building(s). The area has historically existed as rural with open vistas, farmland and single-family residences. The Interference will be caused by visual effects as an "Industrial" structure from many sites, and with varying noise effects up to 101 dBA (maximum) from several directions. Page 5 - May 20, 2004 Appl. No. 5450-SE - Osprey Dominion/LIPA 75-1-20.1, 20.2 at Peconlc D. The site is not particularly suitable for a wind turbine operation considering its size and character of the neighborhood. The wind turbine Is proposed at a height of 125 ft. from ground level, which Is 107 feet higher than the zoning code permits. A structure of this height is not consistent with the surrounding rural character of this area, and the proposed 125 ft. high structure will be visible from various segments of the roadways and from nearby parks, landscapes, and surrounding farms, open spaces, and residentially used property. The Installation of this structure will create a distinctly commercial view interfering with the historical and rural vistas on the New York State designed Scenic Byway, and the Town of Southold's major east-west thoroughfare. The particular site chosen by applicant is a well-established vineyard with at least 49 acres of open space and agricultural winery. Also, the adjoining residential and agriculturally zoned uses (landscape nursery, farmland, single-family dwellings) are expanding. An existing Town Recreation Center, Jean W. Cochran Park, and Robert W. Tasker Park are all located on Peconic Lane near the proposed facility. The proposed facility will be visible across the fields between the Peconic Recreation Center and the Main Road. There are approximately seven homes on the west side of Peconlc Lane that would have views of the proposed facility. The closest mature trees adjacent to the proposed facility ara at about 60 feet in height, which does not screen the very visible 125 ft. height at the top half section of the proposed facility. Adding lattice work to the structure as offered by the applicant would increase its visibility rather than reduce it. E. Evidence and concerns with respect to visual impact and noise impact have been presented to show that there will be detrimental Impacts to adiacent properties and land uses. Noise impacts: The proposed wind turbine would increase noise levels at the nearby residence by 1.3 dBA to a background noise level of approximately 49.7 dBA (ref. 2-38 of EA). Maximum noise levels from the blades of the proposed wind turbine occur during periods when high winds occur. The applicant stated that the maximum sound power level is 101 decibels of noise from the proposed wind turbine. During periods of high winds, ambient noise levels tend to be higher. (pgs. 2-37, 2-38 EA). Visual impacts: The property is at least 600 feet wide, and clearly visible from adjacent areas, including open fields, residences, pedestrians, and while driving along the Main Road and along Wells Road to the southwest. The proposed facility will also be visible across the fields between the Peconic Recreation Center, from approximately seven homes on the west side of Peconic Lane, and adjacent areas on the east and north of this site. A structure at this proposed 125 feet in height is not consistent with the surrounding rural character of this area and will be visible from various segments of the roadways and from nearby parks, landscapes, farms and other open spaces, and residentially used property. The installation of this structure will create a distinctly commercial view interfering with the historical and rural vistas on the New York State designed Scenic Byway, and Page 6 - May 20, 2004 Appl. No. 5450-SE - Osprey Dominion/LIPA 75-1-20.1, 20.2 at Peconlc the Town of Southold's major east-west thoroughfare. The particular site chosen by applicant Is a well-established vineyard with at least 49 acres of open space and agricultural winery. Also, the adjoining residential and agriculturally zoned uses (landscape nursery, farmland, single-family dwellings) are expanding. 4. The Board further concludes that without meeting the requirements of Section 100-31B as a public utility right-of-way, or structure, or Installation, necessary to serve areas within the Town, rather than as an experimental wind turbine, the Special Exception may not be granted. The Board concludes that the wind turbine, as applied for, does not meet the considerations for a Special Exception. 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 Chairwoman OIIva, seconded by Member Orlando, and duly carried, to DENY the variance, as applied for. VOTE OF THE BOARD: Ayes: Members OIIva (Chairwoman), Tortora, and Orlando. Nay: Member Dinizlo. (Absent was Member.C~iehringer.) This Resolution was duly adopted RUTH D. OLIVA, CHAIRWOMAN Approved for Filing 51~104 O~ CHAIN LINK (c~ ~) 5 cb OSPREY DOMINION REP. OWNERS ,; / / /// / !6 ~ lO ii' / / / 20 / / MAIN IROAD SURVEY OF DESCRIBED PROPERTY SITUATE PECONIC, TOWN OF SOUTHOLD SUFFOLK COUNTY, N.Y. NOTE': CONT~)UR$ SHOI,'vN HEREON ARE OBTAINED FROM THE FIVE TUI, fiVS EAST END TOPO MAPS ON FILE IN lHE SUFFOLK COUNTY DEPE OF PUBLIC WORKS. ~.URVEYED IJ JULY, 2001 SCALE I'=40' AF'EA= 57,982.689 SF OR 1. 331 ACRES TM 1000-75-01-21 GUARANTEED TO FREDERICK W, KOEHLER, Jr. SHARON KOEHLER FIDELITY NA IlONAL TITLE INS. CO, SURVEYED FOR FREDERICK W. KOEHLER, Jr. SHARON KOEHLER NOTE: 1. 08 OCTOBER, 2001 ADD CONTOURS. 08 NOVEMBER, 2001 REVISE BLDG. LOCS. SUI~VETED BY STANLEY .I. ISAKSEN, P.O. BpX 294 NEW ~,tF-FOLK, NY 11956 ~YS U~ ~0., ~27~ LON~ N. 44"'~:~'10' £' iSLAhID RAIL ~'~'~' 52 iDeedl · ~ pARCEL ~ DEVELoPMENT AREA = 46~6 - ~EA = 4 ~017 Acres SURVEY FOR ~.= . OSPREY DOMINION VINEYARD, LTD. AT PECONIC TOWN OF SOUTHOLD J ~", SUFFOLK COUNTY,N ~ I ' ' ~ ' Jan. 31. 1996 , ~ ........ Nov. 19,1~96 (DEVELOPMENT RIGHTS) MAIN ROAD AREA = 50.8286 Acres (N.Y.$- ,., J Rte. CONTOUR LINES TAKEN FROM THE FIVE EASTERN TO~/NS TOPOGRAPHIC MAPS f516) 765 - P.O. BOX 909 1230 TRAVELER STREET SOUTHQLD, (V.Y, ?/971 NO. 49618 SEE ENLAROED' PARTIAL SITE PLAN i '!SEE ENL. AROEID PLAN / A-I 251.:20' ;'~D'OO"E 22q,~5' N 32qOE~'20"lN S44o25'58"H 214.25' ® O¥5t~.ALL 51TE PLAN / \ \ \ OSPREY ART STUDIO MAIN RD PECONIC NY' 11958 {l~'x45'J ®EIqERAL CONSTRUCTION NOTES 51~O1~5 Off=lED ON PLAN5 OR INDId,A3~:D BY (:¥~NI~R. ' 5. OYF'f~M BO,*4;~) ON CEILli'~:,5 TO E~5 U,5. e'fl:~OM I/2" Him ALL JOINT5 51TE PATA ZONE: A-C 5EOT!ON: ,/5: 75.-I-20.I 4.46A ! 35.-I-20.2 46-86A BLOCK: OI LOT: 20, 21 LOT AREA, 5],qg*D S.F. PROPOSED Bl[2~. ARIMA: 4~0 S.F. FF~ON1- YARD~ 50'-'0" SIDE T'ARO, 20'-0" f'41N4 40'-0" REAR TAP. D, 00'-O" HA' HEIGHT, .~5'-O" M/X LOT C.,OVERA~E: 20~ TOTAl PARK. BLD~ 1~50 BP. D,145 S.F. 8,000 I-/,488 S.F. 4~OO 5f. 4~OO 8,000 5.F. 25,488 S.F. 1,2. Og, 5F/2OO = 6.04 14q ..~=/IOO = I,..~50 /2OO: 035 4~g,/I,OOO = .4~ TO ~,L E~LD~, No.h 14.'/I EELD~No.2, ) EXIST. STOF~A,.OE: 4,~52 5F/lO00 = 4.35 TOikL DLD® No.2: DLD(No.~: T~L BLD~ No.~: 8 q~q 5F/200: ~5.~q 656 /10~ : P~OEED TOTAL BLD~ D8.Cq TOT~ PARK!NO REO'O: TO~,L H.C. PARK, IN® REOUIRED: TOT~ H.C. PARKINg, PROVIDED: PARIN~ PROVIDED: .ANDBANK.5D PAI~J~IN~, TOTAPARKIN~ PROVIDED: LOA[4® BERTHS PROVIDED: 4 STALLS 5~ STALLS 24 STALLS) 80 STALLS 2 ®ENERAL NOTES UNAUTHORIZED ALTERATION OR ADDITION TO PLAN IS A VIOLATION OF SECTION '72oq OI= THE N~H 'T'CSRK STATE EDU~.ATION LAH. COPIES OF THIS PLAN NOT E~E/~.IN6 THE FE~IONAL AR~HITEC..T'~ INKED OR f:~AL 15 HOT A VALID TPJJE C, OP~, NO. /DAtE P~SMAP~<S REVI~ION5 I "IRAMHA5 CONSULTANTS SITE PLAN PATE: 0q-2'/-04 DRAHIN® NO. SCALE: AS NOTED DP. AHN: M.B.- D.®. JOB No. 4086 SP-I (I OF 8) DRAINAGE CALCULATIONS DRY WELL Dc--i34EEN E, ASIN ('TT'PJ IRON COVER IO'~ POOL X ,~' EFt:. DEPTH PARKING STALL DIAGRAMS 9' 8' 8' '~' CMN-El'rE ~ WPIGAI- ~TAI-I-$ APJAGENT TO EgSE OI= PAVEg AF~J~A HANDICAP NO P TYPICAL CON~ ANTTIPIE 510N (,~51~N ON-51TE C.,UPJD ' 'rYPICA/ H.C. ACC,,E551E~LE 5TALL ~ AI2JACENT GLEAR. AISLE B, LUE PAINTED SYMBOL TO PROPORTION5 54-10INN PROVIDE C. ONTRASTIN~ PAINTED I~P~KOROUND POST HOUNTEB) 516N IN LOC, ATION J,~'IE~ IT HILL NOT BE O[55C, UREE) BY PROPORTION5 L ENE~IT HITH 5/1~" HOLE5 INASH PAVEMENT C.,ONG. POOTINO RESERVED p,A~K, IN¢ SICN N 44°50'10" E ELEV MAIN t~.OAD, (N.¥.5. R, OUTE 25) 51TE PLAN ,~¢~ALE: I" = BO'-O" ~ #3" SANITARY SYSTEM DESIGN ,~'PTIG TANK TTPICAL SECTION THRU SANITARY SYSTEM I ~ANITA~'¥ I 2'-0" MIN. SANITARY S¥STEr,4 NOTES L REG~UIR. ED SANITARY 5'I"STEH 2. PROPOSED SANITARY' 5YSTEI"4 NO, PATE REMARK5 RE¥151ON5 L~ ~AMMA5 GON'C'_~LTANT5 PROPOSED DUILDINO: OSPREY OOHINION MAIN ROAD PECONIC, NEPI YORK IIq5~, DATE: O8-O2-O4 5GALE; A5 NOTED DRAHN: dOD No. 4086 Drq. E)IP.,AHIN~ NO. [OF 8 ®ENEP--.AL NOTES EL~ 40'-'t" OSPREY ART STUDIO MAIN RD PECONIC NY 11958 -- GYP. C, EILIN~ R-~ BA'rf IN~JLATION l'-I SECTION-A 5GALE= I/4"= I'-O" F~ENEP-.AL NOTEE~ E~2/=F=IT 'VENT TY'PIGAL T.O. INALL EL. TYpIE.,AI- ~ALL T.O..E,[-AB ~ENERAL CON.~TP---UOTION NOTES T'Y'PICAL HALL ~t=TAIL$ HALL LE®EN~ eENERAL REVISION I "I P-.AMMA5 CON.SULTANT5 F~OPOSED BUILDIN®: OSPRF'f DOMINION PLAIN ROAE) PEC..ONIC, NEH 'fORK IIqS,~, SITE PLAN, r~ENEt~.AL NOTES DATE: O~-O2-O4 5E, ALE~ AB NOTED DP. AI4N: l'4.D. JOB No, 4OD62 Dt~.AHI N --~ NO. DOF~ ~ &'-il" I ~'~'" ~'-~"~ ,I ~_~,~,,~ ~-~,~,~ ,, .., =., , ,. ....., .~. .... . ..~.. - 5~GTION ~GAII=: I/'2"=1'-0" BASFMFNT PI AN SCALE: I/8;,"= I'-0" NOTE I : 50PPL'r' ~ INSTALL ELECTRICAL SMOKE DETECTORS AS REQUIRED B'r' CODE. "ANDERSEN ININDOINS" ,(TYP.) NOTE: A. 01'414 NINOOINS f'4EET50)R EXCEEDS THE FOLLOIHIN~ DIMENSIONS: o- CLEAR OPENABLE AF~EA OF b- C, LEAR OPENABLE HIIDTH OF 20". ¢- OLEAR OPENABLE H[~I~HT OF 24", ALL 141NOOJ.,'~ AND DOO~RS TO C, ONFORH TO DESlCN PRESSURES AS INOlCAT-ED IN SECTION R ,~1~- TABLE R 901-2(2) A 120 MPH. 141ND SPEED)-LOAD OF 20,8 P.S.F, SEC, TION C, DC, ALE: I/2"= I'-0" $EcDTION B 5GALE: I/2. ': I'-O" I -I ~.Al~iVlA~ C.O N.~IL TANT5 PRzDPOSEI2 t~UtLDINS: OSPRE'r' DOb41NION HAIN ROAD PECONIG, NEM 'CORK IIqD~ FLOOR PLANk [2)ATF: 0g~-02-04 DF;hAININ® NO. SE, ALE, A5 NOTED DRAiNN: ,JoB No. 40g~6 Dr DOF~ 2-TH210410 / / 2-TFL?.I0410 ~ -I 2-T14210410 n i 2-2X~ HDR. I00'-0" OPEN OPEN .GPAC.,E (~TU~IO ~ RETAIL J / : / (,,0'--0') 2-2xl2 ~OUNTEf~ 12'-8" 6'-4" 6'-4" ~'-4" 0'-4" 0'-4" 6'-4" '/'-6" NO. IDA.rE REHARK5 RL~VI~ION~ I -IRAMMA5 CON~ULTANTD HAIN RO~ FIRST FLOO~ PLAN DATE: 08-02-04 O~HIN~ NO. DC, ALE: A~ NOTED DP, AlAN, - t'4.tg. JOtD No. 4086 Or, A--5 4 OF-/ ~OUI~SE (T~PJ II II II II ®RAE~E P~OPO&ED Ft~ONT ELEVATION O.H, O.H. 12 i2 I/2 FII '.ST F, F. ~RADE DF¥OND ~RADE OELLARF. F,'.i.i'' ' i F:'~OPOSED LEFT ELEVATION ~C, ALE: I/4"=1'-0" I'-I RAHMA~ CON.SULTANT5 PROPOSED ~0Jl~: OSPRF¥ DOFIINION ELEVATION5 SCALE, AS NOTED DRAWN: JOB No. 40~&L ~t~.AINI N~ NO, . 50F7 FII~T F:, fmI:P..OPOSP_E::) t:P..t::A~ I:LF:X/ATION C.F=LL^R 2 I/2, 1,2 V~NT~PI~AIJ PFP-,OPOSED t~I~HT ELEVATION ~'ALt=: I/4"=1'-O" PIRST P:. P, Pl. CELLAR I -"~HHA~ C-,O N.f:CJL TANT~ F:~,OPOSED BUILDINg.: OSPF~¥ DOHINION HAIN ELEVATION5 [DATE: 08-02-04 ORAININ~ NO. 5CT, ALE: A5 NOTED PI.B, JOB No. 40,~ 60F-f ®LAZIN® PROTEOTION FROH ~IIND-BORNE DEBRIS TOWN OF SOUTHOLD DESIGN CRITERIA TABLE RR301.2(1) CLIMATIC AND GEOGRAPHIC DESIGN CRITERIA Nailing Schedule as per WFCM- A.F.P.A. 1995 SBC high wind edition Project ,Bt building Wail Height 10 Feet Rafter I Joist Spacing 16 In on center Closest Roof Pitch (3,4,5,7,9,t2) 6 on 12 Closest Rafter length ~or table 3.9A (12',24',36') 20 Feet Rafter Length for table 3.6A(12,t6,20,24,28,32,36) 20 Feet Joint Description Rafter to Top Plate Ceiling Joist to Top Plate Ceiling Joist to Parallel (Fac~ Nailed) Ceiling Joist Laps Over Partitions (Face Nailed) Collar Tie to Rafter (Toe Nailed) Blocking to Rafter (Toe Nailed) Rim Beard to Rafter Top Rate to Top Rate (Face Nailed) Top Rates at Intersections (Face Nailed) Stud to Stud (Face Nailed) Header to Header (Fa~e Nailed) Top or Bottom Rate to Stud (End Nailed) Bottom Plate to Floor Joist, Bondjo~st, Endjoist or Blocking (Face Nailed) Joist to Sill, Top Rate or Girder (tee Nailed) Bridging to Joist (Toe Nailed) Blocking to Joist (Toe Nailed) Blocking to Sill or Top Rate Ledger Strip to Beam (Face Nailed) Joist on Ledger to Beam (Toe Nailed) Band Joist to Joist (End Naded) Band Joist to Sill or Top Plate (Toe Nailed) Structural Panels Diagonal Beard Sheathing t" x 6" or I" x 8" 1" x 1(~' or ~der Gypsum Wallheard Structural Panels Fiber Pansls Gypsum Wallboard Hardboard Part[cleboard Panels Diagonal Beard Sheathing 1.x 6~, or 1,, x 8- l"x I(Y' or ~der Structural Panels 1" or Less Greater than 1" Diagonal Board Sheathing 1" x 6" or 1" x 8" l"x 1(~' or ~Mder tt0 MPH Wind Zone Number of Number of Box Common Nails Nails Nail Spacing 3 (8d nails) 3 (Sd nails) per rafter 3 (Sd nails) 3 (Sd nails) per joist 7 (16d Common) 7 (16d Common) each lap 7 (16d Common) 7 (16d Common) each lap 1 8d 1 8d par tie 2-8d 2-10d each end 2-16d 3-1od each end 2-1BO 2-16d psr foot 4-16d 5-16d joints - each side 2.16d 2-16d 24" D.C. 16d 16d 16" D.C. along edges 1 1 per stud 2-16d 2-16d per foot 4-8d 4-1od per joist 2-8d 2-1od each end 2-8d 2-1od each end 3-1BO 4-16d each block 3-16d 4-t6d each joist 3-od 3-10d par joist 3-16d 4-16d per Joist 2-1od 3-16d per foot 8d 1 Od 6" per table 3.10 2.8d 2-10d per support 3-8d 3-1od per suppofi 5d coolers 5d coolers 7' edge 11{7' field 2-8d 2-10d per s~pport 3-8d 3-10d per support I dod 1 Od 6" edge / 12" field 1Od 6" edge/6" field 2-8d 2-10d per suppar~ t20 MPH Wind Zone Number of Number of Box Common Nails Nails Nail Spacmg 3 (Sd nails) 3 (Sd nails) per rafter 3 (Sd nails) 3 (8d nails) per joist 7 (1Bo Cornn~n) 7 (16d Common) each lap 7 (16d Common) 7 (16d Common) each lap 18d TABLE R301.2.1.2 WtNDBORNE DEBRIS PRO'~CTION FAS~ENING SCHEDULE FOR ~K}OD STRUC~JRAL PANELS~o,b,c.dJ FAS~NER SPACING 4 foot 6 foot FASTENER Panel span < panel span < penal span Nails shall be IOd common or 12d box nails. Where screws are attached to masonry or mosonry/suJcco, they shall no[ed In schedule LOAD PATH DOTAl LS ~OVID~ OONTII~JOU5 LOAD PAl14 FI~OM ~ID~ TO FCt,~BATION AA~_4_4_4 Exterior hdrs. n .[ .s ~lmpson 5[ron~_-Tl¢ Floor-[o-~loor OonnecUon5 LSTAI¢ LSTAI,~ (~ 51mason ~l;~oncI-Tle FIo~r-t:o-Foo[l~ ConnGGt:lcn~ TABLE RRS01.5 MINIMUM ROOF UVE LOADS iN POUNDS-FORCE PER SQUARE FOOT OF HORIZONTAL PROJECTION I~IBUTARY LOADED AREA IN SQUARE FEET FOR ANy SIRUC~JRAL MEMBER ROOF SLOPE O to 200 201 to 600 O~r 600 Flat or ribs less than 4 inches per foot (1:S) 20 16 12 Rise 4 inches per foot (1:5) to less than 12 Inches per foot (1:1) 18 14- 12 Rise 12 inches per foot (1:1) end greater 12 12 12 STRUCTURAL LIVE LOAOS TABLE R301.6 ALLOWABLE DEFLEC~ON ~- S~UC%JRAL M~iBERS SI~UCTURAL MEMBER ALLOWABLE DEFLECTION Rafters having ~opes greater than S 1/2 with no finished ceiling attached to L/lBO rafters Interior walls and partitions H/TBO Roars and plastered ceilings L/SC0 All other structural members L/240 Extmrior walls with plaster or stucco finish H/SC0 Exterior wall-wind loads with britBe finishes L/240 Exterior wall-wind loads with flexible finishes L/120 TABLE RR301.4- MINIMUM UNIFORMLY DISTRIBUTED LIVE LOADS (in pounds per square foot) USfi UVE LOAD Oecka[f~ 4-0 Passenger vehicle goragesJa} 50JaJ Attics without storageJb,eJ 10 Attics ~lth storoge~b,eJ 20 Duardrails and handrails{d} 200 {a} Elevated garage floors shall be capable of supporting a 2,000-pound load applied over a 2Q-square-inch area. {b} No storage with roof slope not a~r 5 unite in 12 un[tB~ icj Individual stair treads shall be designed for the uniformly distributed live load or a SOO-pound concentrated load acDnB over an area of 4- square inches, whichever produces the greater stresses. {dj A single concentrated load applied in any direction at any point along the top. {e~ Attics constr'~cted with wood trusses sham be designed in accordance with §RRSO2.1B.I. ~fJ See §RR502.2.1 tar decks attached to exterior walls. NOTIE SUBJECT TO DAMAGE FROM Decay moderate slight to to heavy moderate Ice shield ~NTER undmfla ant DESIGN require~¢m FLOOD HAZARDS no ~4ESE SET OF PLANS HAS BEEN DESIGNED IN ACCORDANCE ~ITH ~HE AMERICAN FOREST AND PAPER ASSOCIATION (AF ~ PA) WOOD FRAME CONS]RUCTION MANUAL FOR ONE AND TWO FAMILY D~EENGS~ 1995 BBC HiGH ~ND EDISON. ROOF SHEATHIN® NAILIN® SCHEDULE ®1 PLAN II i: COMPONE[NT AND CLADDING PRESSURE ZONES NI~JMBER9 INDICATE NAlUNG ZDNES ROOF SHEATHING NAILING SCHEDULE ZONE 1 ZONE2 ZONE 3 ZONE NOT: ALL 1/2' EXT.PLYWOOD WALL SHEATHING TO BE SECURED ~TH Bd COMMON NAILS 2" X 11 T/2" GA.. PATTERN AS INDICATED ABOVE. ~ALL SHEATHIN¢ NAILIN¢ SCHEDULE WALL SHEATHING NAILING SCHEDULE ZONE 5 ZONE 6 FIELD 12" O.C. 12" O.C. EDGE §' O.C. 6' B.C. NOTE: ALL 1/2' EXT.PLYWOfOD WALL SHEATHING TO BE SECURED ~TH Bd COMMON NAILS I~ P-.AMHA5 C, ONS~JLTANT5 ROOF PLAN, DETAILS ~ SCHEDULE5 E2ATE: 08-02 -04 SCALE= AS NOTED ORA,MN: M.D. JOE~ No. 40~61 DRAHIN® NO. 'q OF -/