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1000-100.-4-5.3 & 5.4
~ �L PATRICIA C. MOORS � � 2 Attorney at Law D E [J 51020 Main Road Southold,New York 11971 Lloa:nn�in 2 9 I) Tel: (631) 765-4330 Town Fax: (631) 765-4643 Board www.mooreg,Ms.com s.com �' email: pcmoorekmooreLtjys.corn October 29, 2014 Southold Town Planning Board Donald J. Wilcenski, Vice Chairman 53095 Main Road Southold, NY 11971 By hand Re: Sherwood House Vineyard (Smithen) SCTM#1000-100-4-5.3 Dear Mr. Wilcenski: In response to our request for an extension of the site plan, I understand that the Planning staff inspected the site and found the following deviations from the final approved site plan: 1. The bathroom was moved slightly. It is in the same general location but placed on an angle. 2. The handicap parking space was relocated from the south-west corner of the parking lot to the south-east corner, in front of the bathroom. I have attached the changes to this letter. Please accept, by letter, the minor changes to the site plan. Verb[ ours, atricia C. Moore PCM/bp encl. c: Sherwood House Vineyards } - -r 41'-O"' �---EXIST. TELEPHONE POLE i EVERGREEN - MAX. SPACING 5' — 3' I*GH. .ti = L BZIFFER OF MATURE SHADE TREES , = ROSE BUSHES. -----•— �`�'- ---���--- • N 590 44' 00" E z . 1301-011LO (1)8'X 8' CONC. DRYWELL DRAINAGE p TRAFFIC C%4 I STRUCTURE W/ IC BEARING RINGS W/ I EXIST. BEECH ;°.l �' � . STL. GRATE COVER 0 C T 2 9 l l TREE E w per owner Southold Fown '� I 221-2. ---�- ' PlanningBoard o NEW DRIVE & PARKING 4,453 SF = I o 6" RCA SUBGRADE W/ 1.5" TOPCOAT OF 3/4" CRUSHED STONE. ;: I EtT-11111 YLE LINE of G S PARKING AREA. -1,368 sf.PROIVDE SIGN"PARKING', U) AT CENT OF HEDGEROW INDICATING USE. LLI CL COL C) Q 04 m ,T �St7: n _ - --- L 1 i_XIST.HE GERO H- - Lij C/) am M i ♦ e- 1 TCH BASINS W/S --- - ' o GRATE COVERS. 0 0. `Q, ; FIXT.TYPE.L-02- COMPLIANT L.ED. 1301-0° _ 32, 0111 . �13'w r �, POST LIGHITS'UND REE CANOPY- 3 EACH — . -' I 1621-6111 ----- --- S DE OF PARKING. SEE VATION 4/DWG. 'OOL-location per o nerADA SPACE &WALK- IMPERVIOUS - _ C.0_ _ _ 7sO� ---- a , ± 285 SF _ .P0 -- � o � r Otr -- -- -----; ' EXIST. TPATH 188 SF-- FIXT. TYPE L-03-DARK-SKY COMPLIANT ` _-_ 187- 1/2" k _. LED. PATH LIGHTS. Q - ____ : `e'•. •-. - - -- 4 - l EXIST. WD. D K 140 SF ; 6-0" FENCE AROUND DUMPSTER ,, J ON 6 CONC. PAD 6'-0" X 10'-0" ,a PRC, OSED PAVED'WAL f WELL " 290 TOTAL PROPO � D PATIO-BRI HEDGE TO SCREEN BATH 111 v, 'AVER, SF SLOP 0 •'�I' / 1 '�-i ! PAM �� I ' PROPOSED ADA COMPLIANT RESTROOM. SEE POO . EXIST. DETS. 2 & 3- DWG. A-1 321-31 - EXIST. TREE '� .IST. MAX. TENT SIZ RELOCATED CFTERRY TREE �- SHED Q 85'-0" O _ o' _ ;POSED uE' = 6" �. r - .. Will" r.. .:.� .. .: Lanza, Heather VL.QXL_0C!)Cc3. From: George,Varughese <Varug hese.George@suffoIkcountyny.goy>._ Sent: Tuesday, October 07, 2014 9:42 AM r L. To: Lanza, Heather i Subject: RE: C10-12-0013OCT 0�I 7 P >oatnoira n . Good Morning Heather, "fanning Bu ri . s Our inspection records indicates the proposed septic system was moved slightly; however, they passed the '- inspection for the septic system. The applicant still has issues with the "well water" they are using on the site. Filtration system was added and we are scheduled for an Inspection on this matter this week. Also, applicant needs a covenant with the department regarding the filtration system. Upon completion Of these items, the dept. is ready to issue a final approval. If you have concerns or questions, please contact me; thanks. Varughese K. George ("VG") Assistant Public Health Engineer SCDHS-Office of Waste Water Management 360 Yaphank Avenue, Suite 2C Yaphank, NY 11980 Phone:631-8S2-5700 Fax:631-852-5755 PRIVILEGED AND CONFIDENTIAL-INTEROFFICE/INTRA-AGENCY COMMUNICATION-NOT SUBJECT TO FOIL DISCLOSURE-NOT FOR DISTRIBUTION CONFIDENTIALITY NOTICE:This electronic mail transmission is intended only for the use of the individual or entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attorney-client privilege.If you are not the intended recipient,you are hereby notified that any disclosure,copying,distribution,or the taking of any action in reliance on the contents of this information is strictly prohibited.If you have received this transmission in error,please notify the sender immediately by e-mail and delete the original message. From: Lanza, Heather [ma ilto:heather.lanza@town.southold.ny.us] Sent: Tuesday, October 07, 2014 8:59 AM To: George, Varughese Subject: C10-12-0013 Hello Varughese, I hope you are well. We recently had correspondence from the applicant regarding the application referenced above. It stated that they "are still completing Health Dept requirements". Can you tell me what requirements they are still completing? I believe they moved the building for the bathroom, but not sure if they also moved the septic system location. Thank you for any information you can provide. Heather Heather Lanza,AICP Town Planning Director Southold Town Planning 53095 Route 25 PATRICIA C. MOORE � Attomey at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765-4643 www.mooreattys.com email: pcmoore(c�r�,moorea , s.com September 30, 2014 SCI 03 ,, - Southold Town Planning Board Donald J. Wilcenski, Vice Chairman ��'�} 53095 Main Road _. . i n r far nFz�r,: t3 Southold, NY 11971 By hand & email Re: Sherwood House Vineyard (Smithen) SCTM#1000-100-4-5.3 Dear Mr. Wilcenski: With reference to the above conditional approval issued on May 6, 2013, please let this serve as a request for an extension. The structure is up, parking lot is complete, including handicap ramp and parking spot. The electric and plumbing is working and has been inspected. My clients have been working diligently to complete, however, we are still completing the Health Department requirements. Thank you and please do not hesitate to call should you have any questions. Ve ours, ricia C. Moore PCM/bp encls. c: Sherwood House Vineyards PATRICIA C.MOORE Attorney at Law 51.020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765.4643 www.mooreattvs.com email: j)crnoore(r7:mooreattvs.cgm September 30, 2014 Southold Town Planning Board Donald J. Wilcenski, Vice Chairman 53095 Main Road Southold, NY 11971 By hand & email Re: Sherwood House Vineyard (Smithen) SCTM#1000-100-4-5:3 Dear Mr. Wlcenski: With reference to the above conditional approval issued on May 6, 2013, please let this serve as a request for an extension, The structure is up, paving lot 1s complete, including handicap ramp and parking spot. The electric and plumbing is working and has been inspected. My clients have been working diligently to complete, however, we are still completing the Health Department requirements, Thank you and please do not hesitate to call should you have any questions. Vary trul�tours, M. -Patgcia C. Moore PCM/bp encls. c: Sherwood House Vineyards 09A ) qt , MT� 1193 C_ Mary Anne Coe 5045 Elijah's Lane Mattituck, NY 11952 516-319-3564 January 19, 2014 Vincent M. Orlando Highway Superintendent, Southold Town JAN 2 2 Z014 P.O. Box 178 Peconic, NY 11958 Dear Mr. Orlando, In the summer of 2010, the Southold Highway Superintendent gave permission to Sherwood House Vineyards to erect a deer fence on the town right-of-way on Elijah's Lane as a temporary measure. The understanding was that the fence was placed so as not to disrupt that growing season, and that the fence would be moved back after harvest. There have been several growing and harvesting seasons since, and the fence is still on the town right-of-way. As a taxpayer and adjacent neighbor, I object to the apparent gift of approximately one-quarter acre of town land to Sherwood House Vineyards. In addition, the project was not completed on Oregon Road, west of Elijah's Lane. Would you please re-assess the current position of the Southold Town Highway Department with regard to this matter?. Thank you for your consideration. Respectfully, Mary Anne Coe Cc: vifCummings, Planning Department D. Rallis, Building Department S. Russell, Southold Town Supervisor MAILING ADDRESS: PLANNING BOARD MEMBERS O�pSO � P.O. °soiYsJ. l Southold,Box 1179 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY • �Q 54375 State Route 25 JAMES H.RICH III �l (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold,NY IY 1 1 Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 7, 2013 Patricia C.. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Approval: Proposed Site Plan for Sherwood House Vineyards Located at 2600 Oregon Road, +/-460' w/o Elijah's Lane, Mattituck SCTM#1000-100-4-5.3 Zoning District: A-C Dear Ms. Moore: The following resolutions were adopted at a meeting of the Southold Town Planning Board on Monday, May 6, 2013: WHEREAS, this site plan is for the proposed construction of two patios, one of brick at . 160 s.f. and.the other a cedar deck at 490 s.f. for an outdoor wine tasting area that will include a 4,453 s.f. gravel parking lot with a connecting paved footpath; and WHEREAS, on April 15, 2011, Patricia Moore, Esq., agent to the applicant, submitted an application for site plan review; and WHEREAS, on May 9, 201 1, the Planning Board formally accepted the agricultural application for review; and WHEREAS, on May 18, 2011, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed.the application to the required agencies for their comments; and WHEREAS, on May 26, 2011, .the Mattituck Fire District determined there was adequate fire protection for the site; and WHEREAS, on June 2, 2011, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site; and • • Sherwood House Vineyards Page Two May 7, 2013 WHEREAS, on June 24, 2011, the Town of Southold LWRP Coordinator reviewed the above-referenced project and determined the proposed project to be consistent with Southold Town LWRP policies; and WHEREAS, on June 27, 2011, the Southold Town Engineer reviewed the above- referenced application and determined that the proposed drainage meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on July 11, 2011, a public hearing was held and closed; and WHEREAS, on March 21, 2013, the Suffolk County Department of Health Services (SCDHS) approved the site plan, dated January 17, 2013, for a "Vineyard Tasting Area & Bathroom"; and WHEREAS, on April 8, 2013, the Southold Town Planning Board determined that all applicable requirements of the Site Plan Regulations, Article XXIV, §280 — Site Plan Approval of the Town of Southold, have been met; and WHEREAS, on May 6, 2013, the Southold Town Chief Building Inspector reviewed and certified the proposed site plan as a permitted use in the A-C Zoning District; therefore, be it RESOLVED, that the Southold Town Planning Board has determined that this proposed action is consistent with the policies of the Town of Southold Local Waterfront Revitalization Program; and be it further RESOLVED, that the Southold Town Planning Board grants Approval with Conditions to the site plan entitled "Sherwood House Vineyards Wine-Tasting Patio & Deck", dated September 10, 2012 and last revised August 8, 2012, prepared by CMS Architecture & Design and authorizes the Chairman to endorse the site plan, including the following two (2) plans, after Conditions 1 and 2 are met as listed below. • Page A-0 New Patio & Deck Septic System • Page A-1 Site Plan New Patio & Deck Conditions: This site plan is approved with the following eight (8) conditions, the first two of which must be met prior to the endorsement of the site plan: 1. Obtain any necessary variances for the proposed structures that require building permits, or revise the plan to the Planning Board's satisfaction so that all structures meet the required setbacks. 2. Obtain Certificates of Occupancy for all existing structures on site. 3. No parking or standing on or along Oregon Road. 4. No buses or limousines permitted on site. Sherwood House Vineyards Page Three May 7, 2013 5. Maximum tent size over designated seating area is 10' x 30' — larger tents require Special Event Permit. 6. Maximum tent size over patio & deck area is not to exceed their respective footprints. Larger tents require Special Event Permit. 7. Use of a tent outside of designated seating, patio or deck, requires Special Event Permit. 8. Site occupancy is limited to 72 people. A Special Event Permit is required if more than 72 people are expected on site at any one time. Please also note the following requirements in the Southold Town Code relating to site plans: 1. Prior to this operation opening for business, the Planning Board must inspect the site to ensure it is in conformity with the Approved Site Plan, and issue a final site inspection approval letter. 2. Any outdoor lighting shall be shielded so the light source is not visible from adjacent properties and roadways. Lighting fixtures shall focus and direct the light in such a manner as to contain the light and glare within property boundaries. 3. All storm water run-off from grading, driveways and gravel areas must be contained on site. 4. Proposed storm water run-off containment systems must be inspected by the Town Engineer at the time of installation. Please call the Southold Town Engineer prior to beginning this work. 5. Approved Site Plans are valid for eighteen months from the date of approval, within which time all proposed work must be completed, unless the Planning Board grants an extension. 6. Any changes from the Approved Site Plan shall require Planning Board approval. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman ATP) Town Hall Annex ~ Telephone 31)765-1802 54375 Main Road Fax(631)765-9502 P.O.Box 1179 G Southold,NY 11971-0959 iQ �lyC4UNTY Nc� BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM MAY - 7 ' TO: Donald J. Wilcenski, Planning Board Chairman FROM: Michael J. Verity, Chief Building Inspector DATE: May 6, 2013 REQUIREMENTS FOR SITE PLAN ELEMENTS & CERTIFICATION Project: Sherwood House Vineyards Location: 2600 Oregon Road, Mattituck SCTM# 1000— Section 100- Block 04—Lot 5.3 Date: May 18, 2012 Revised Date: September 10, 2012 1. ALL BUILDINGS AND USES SHALL COMPLY WITH CHAPTERS 144 AND 280 OF THE SOUTHOLD TOWN CODE. 2. OFF STREET PARKING BY AUTHORITY OF THE PLANNING BOARD. 3. ALL FENCING, SCREENING AND LANDSCAPING BY AUTHORITY OF THE PLANNING BOARD. 4. THE PROPOSED USE *Auicultural Operation IS A PERMITTED USE IN THIS AC DISTRICT AND IS SO CERTIFIED. *All new buildings and/or structures shall have a minimum side yard setback of 20'and minimum rear yard setback of 75'. Michael J. V rrty Chief Building Inspector 0 0 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, April 22, 2013 4:00 p.m. Southold Town Meeting Hall 4:00 p.m. Executive Session: Town Attorney conference 4:45 p.m. Applications: - ....__ ..-................._........._._....__...-.............._.._..._.........................................._............................._..._.....__.................._......_..................._........_..........__....._...._..._.........._.....__...._._....._._.__....._. _.......-..........................__......._.._...- ..._........................................._.__............., Pro ect name Corazzini, Richard ' SCTM# 1 1000-84-1-32.1 -...._.._....J__.....-.._.._._..__......._..._ ---...-- __..-_...._.. .._.._..._._ ..._ .__._ ........-................._.._..... . Location: f 6245 Cox Lane, Cutcho ue ....._._ _g.....__ Description: This proposed site plan is for a 2,520 s.f. addition to an existing 3,150 s.f.: .................... . building for office. the. .._ _. ................ ..- ..._ .._ ... .._ .... ........ ....._ Status:._.__...._........._._...................._ .__Pending.............--..._.........._........__........... _........ ........ ---..._.._ _..... ......... _._................._ _.... _.. -..........._......- --......., Action: Review referrals. Attachments: _...__-___..._........__................._................_....................... ............._..._.-.Staff Rep--........ ..-_.._o.rt_ __.. .._...... -... _......._. ._.... ...... ... _.... . _..... . ---..._........ .._...- .........._.........._....._ _....._............... _.__.......... _..... _........ .._............ _.._._..--.... ..................... _....... __._.... _............_..1 _ .... 1"*-"*"*,**,-,-,-,"","--,*-,"--,--""--*._.__.....----..__... --....-- .._.. _....._.._._.._._._....... _ _ Project name: Peconic Recycling 8� Transfer II SCTM#: 1000... 5 Location: , 560 Commerce Dr., at the intersection of Corporate Rd. & Commerce Dr., Cutchoque_ ......._._.. _......_...---........___-_........_........................... --.._._-..__...._....._...............- ....__._......_.__.._—..._..._.._..__.._.._.._........_...._, Description: This site plan is for new construction of a building that includes 32,000 sq. ft. of warehouse space and 2,200 sq. ft. of office space for a transfer station use on a vacant 118,164.2 sq. ft_parcel in the LIO Zone. .............._...._.__._........_......-.__........................................................, Status AP.Proved Site..Plan...............__....._.._.__._.............__..__..__.._.._.._..-.__............................_.....__..._....__._......_.............................._....._........__..........._.................__............................._....i Action: Review revised photometric plan. _.. ..... ....._.................... ..._........._.............._...........__.........._........... ................_.................... ....... ...-, Attachments: Staff Report --._...... _ ...........__._._........--................_..................................................... _._........._...-..._........__............._......._....__..........._........---.....,_.............................._........._..._......---......._._.............._...-------...__..._........_..._.._......_..............._....._.... _--....._...._........-._....................__...._......................................._............................_..................._......................._............._..._............_.._.......__._._........__....._...._._.........__.1........_._......-...........__._.._...i.._..__......._._._......_............---...._......_..._......._.._.._.._...._.._.._.._........................... Protect name: 67 Steps Vineyard (JEMCO)......................_.........._!....SCTM#.._._.._1000-35-1-24....................._..............._........................� __._.........1 .. . __............................................ --..._. . Location: ......._..........................825..._Main Road, Greenport .................__.......... _........_._......-....._................... ............._...........---_._._.._......._..---..... _........._......_._._.._......-.............._._...................._......__.......--............_..............._....._.... _......__...._._.................. _...._........ Description_ This site plan is for construction of a retail winery _ i jAtatus: ..........:.._Approved Site.._Plan.........._._...._._........._.......__._.........._....................................._.................._....................._.................._.._.................._...._....._.__........_._....._.__.................._......_..__..._.............._ ction:...._.._........._......._....._....................._._........1...._Review comments from Final Site Inspection....................................__........._........._..._..._._..... ..._.._._........._..............._....._..._.......� Attachments: 1 Staff Report :...... _.._..- ._..._....._...................._.. __..._ .__.. ....._...__..._._..................-.._............_......-...__........._....._...-- ........__._.._.... --...._...__ .........._.. ......_._...........__...................._.! ...._....._..............._....._.........._._.......-_.....__...._..........._._..._..........._...__......- ........_...._._..__..__...---___._..._-.....--------- _._......_...............__......, Pro'ect name: ? Sherwood House Vineyards SCTM#: 1000-100-4-5.3 _ I . _ ,. . ._.. .. __ __ _.__. ___ - ._.-. . y __ _.I .__.. _......._.__._I _ ......_.... _.—. _ ..... Location: i 2600 Ore on Road Mat tituck Description: This site plan is for an outdoor wine tasting patio & associated parking_ __._ Status Pending - Action: ' Review for a determination. Attachments: Staff Report L__.._......_....._...._._.......- -............._....................._...... ....._1......._............-_...._....--.--...p....._..._..._..---......................_....__......_..._........................_..............._._............................_._. ...._......... .....................__................_................................-..._.-__..______._.._....---..__..............._.._.J Discussion: • Ovsianik Change of Zone Application - comments to Town Board • Pre-submission: Harbes Family Farm, SCTM#1000-120-1-3 • Pre-submission: Crescent Beach Condos. Storage Building, SCTM#1000-35-8-3.2 • Local Law re: Marine District 11 & Plum Island Zoning - review Planning Report Southold Planning Department Sta.. Report Site Plan Application Work Session Date April 22, 2013 Prepared By: Brian Cummings I. Application Information Project Title: Sherwood House Vineyards II. Action Review map submitted with SCDHS stamp of approval and review application for a determination. This site plan is for the proposed construction of two patios, one of brick at 160 s.f. and the other a cedar deck at 490 s.f. for an outdoor wine tasting area that will include a 4,453 s.f. gravel parking lot with a connecting paved footpath. III: Analysis 1. Suffolk County Department of Health Services (SCDHS) approval obtained March 21, 2013 for a "Vineyard tasting area and bathroom" (270 GPD) a. The approved SCDHS site plan matches the site plan before the Planning Board V: Staff Recommendations 1. Based on the approval obtained from the SCDHS and the submission of the stamped plan, all site plan requirements listed in §280-133 of the Town Code have been met. It is recommended that the above referenced site plan application be scheduled for determination by the Planning Board at the May 6, 2013 public meeting. 1 MAILING ADDRESS: PLANNING BOARD MEMBERS ��rjF SOU,, P.O.Box 1179 DONALD J.WILCENSKI �oyQIO Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex JAMES H..RICH II1I1 PIERCE RG Q 54375 State Route 25 ICH '�► • �O MARTIN H.SIDOR Oly (cor.Main Rd. &Youngs Ave.) COU � Southold,NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 12, 2013 via fax: 765-4643 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Sherwood House Vineyards SCTM#1000-100-4-5.3 Dear Ms. Moore: am writing as a follow-up to the Planning Board Work Session held on April 8, 2013, where the above-referenced site plan was discussed and the following was determined: The Planning Board has agreed to allow the commencement of site work for the Wine Tasting Patio on the subject parcel referenced above prior to their May 6th, 2013 site plan determination. This site work shall be in accordance with the site plan entitled "Wine-Tasting Patio & Deck" dated May 18, 2012, last revised September 10, 2012 and stamped Received in Planning September 13, 2012; and limited to the grading and installation of the gravel driveway and patios, installation of the drywelis and landscape plantings. Furthermore, this site work shall not include the construction of any buildings or structures requiring a building permit. Be advised that the Office of the Town Engineer must be notified at 765-1560 within 48 hours of the projected installation of all drywells on site to establish a site inspection schedule. Please, if you have any questions regarding this site plan or its process, do not hesitate to call this office. Very truly yours, Brian A. Cummings Planner cc: Building Department & Office of the Town Engineer PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel:(631)765-4330 Fax:(631)765-4643 www.mooreat, s.com email: pcmoore2mooreMs.com April 8, 2013 I Southold Town Planning Board !u'li APR - Donald J. Wilcenski, Vice Chairman 53095 Main RoadSo �-.�. �... M.., -.. Southold, NY 11971Pfa n r;OcArd By hand & email Re: Sherwood House Vineyard (Smithen) SCTM#1000-100-4-5.3 Dear Mr. Wilcenski: I am completely dumbfounded that the site plan resolution of approval is not on your April 8, 2013 Planning Board meeting, as had been assured since March. The site plan has been complete and in your possession since September 13, 2012. On August 31, 2012 the Board sent a letter with itemized list of items you wanted on the site plan, including Health Department Approval. The site plan was revised and 9 prints of pages A-1 and A-0 was submitted on September 13, 2012. On October 4, 2013, you reviewed the site plan at the work session of October 1, 2012 and advised that you would not approve the site plan until the original Health Department approved map was received by the Planning Board. The Health Department took more than seven months to review and approve the site plan for a toilet. We advised you March 20, 2013 that we "anticipated approval within days". You asked for a copy of the site plan being reviewed by the Health Department, therefore, on March 22nd we hand delivered a copy the Health Department plan (S-1 plan). On March 22, 2013 1 hand delivered the original Health Department approval and stamped plan. I was advised it was too late to place it on the March 25 work session. The final site plan has been in your possession since 2012, according to your letter of October 4th, 2012 all we were waiting for was the Health Department approval. Sherwood House Vineyard, on Oregon Road, was closed last season at great financial hardship to the owners. We implored you to place the resolution for approval on your April calender. This is a seasonal use and the season has started. Ve.ry-fira urs, Patricia C. Moore cc: Sherwood House Vineyards PATRICIA C. MOORE �L Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 March 22, 2013 hand delivered ,r' - FE Southold Town Planning Board , 53095 Main Road � MAR 2 2 2013 IJ Southold, NY 11971 SOL!ihol'l vin Plann;;r r r�E�rd Re: Sherwood House Vineyard (Smithen) SCTM#1000-100-4-5.3 Dear Brian: With reference to the above and pursuant to our telephone conversation, attached please find the site plan which has now been approved by the Health Department. Kindly place this matter on your next public meeting date of April 81h for approval. Very trul ours, �- lsatncia C. Moore c: Sherwood House Vineyards PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 D Tel: (631)765-4330 Fax: (631)765-4643 MAR 2 0 2 013 March 20, 2013 ,, Southold Town Planning Board Donald J. Wilcenski, Vice Chairman 53095 Main Road Southold, NY 11971 (By Email) Re: Sherwood House Vineyard (Smithen) SCTM#1000-100-4-5.3 Dear Mr. Wilcenski: In response to your letter dated January 30, 2013 please be advised that the plans are being reviewed by the Health Department. We expect a telephone call this week that the plans have been approved by the Health Department. Enclosed is a copy of the plans submitted to the Health Department. As soon as the plans are approved and stamped we will provide them to you. Very trq, yours, Patricia C. Moore cc: Sherwood House Vineyards 01/3012013 12:26 MOORE LAW-ICES �AXM176UW P.0021002 TR PATRICIA C.MOORE Attorney at Law 5 i`O20 Main Road Southold,New York 11971 Tel: (631) 765.4330 Fax: (631)765.4643 January 30, 2013 hand delivered Suffolk County Dept. Of Health Services Office of Wastewater Management 360 Yaphank Avenue, Suite 2C Yaphank New York, 11980 att: Varughese George (v6) JAN 3 0 2013 Re: Sherwood House Vineyards Ed REF # Ct0-12-0013 Dear VG: With reference to the above and pursuant to the NOI last dated 9/21/12, enclosed please find four revised prints last dated January 17, 2013 together with Certification of Authorization duly completed. Please note that this is an agricultural operation, open air wine tasting, without a building. The Southold Town Planning Board and I were assured by Mr. Hilbert that the Health Department would expedite the review. Your prompt attention in this matter is greatly appreciated as we are fast approaching the Spring season of a seasonal use and are anticipating opening on time. Sherwood House Vineyard was closed all of last year due to the insistence on a permanent bathroom. Kindly give our office a call and we will arrange to pick up the approved stamped plans from your office. . If you have any questions, please do not hesitate to contact me. Thank you for your anticipated cooperation. .wry t y yours, Encls. Latricia C. Moore cc: Sherwood House Vineyard Southold Town Planning Board MAILING ADDRESS: PLANNING BOARD MEMBERSOF SQU,, P.O.Box 1179 DONALD J.WILCENSKI O�� yQl Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS C Town Hall Annex KENNETH L.EDWARDS G • 54375 State Route 25 JAMES H.RICH IIIA (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR IiYCnil Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Via Facsimile &Certified Mail January 30, 2013 Patricia C. Moore, Esq. 51020 Main Road ' Southold, NY 11971 Re: Site Plan for Sherwood House Vineyards SCTM#1000-100-4-5,3 Dear Ms. Moore: The Planning Board has reviewed the application referenced above and noted that there has been no activity on the Site Plan Application since October 1, 2012. On October 4, 2012, the Planning Board sent a letter to you including outstanding requirements to the site plan application. To date, these requirements have not been received. Please submit the required item(s) within thirty days from the date of this letter, or an explanation, satisfactory to the Planning Board as to why more time is needed to,submit the required items. If the Board does not receive a satisfactory response within thirty days of the date of this letter, the Plannina Board will consider this application withdrawn. To continue with the site plan process after the thirty-day period, the application must be re-submitted in its entirety, includina all relevant fees. The following are the requirements listed in the October 4, 2012 letter referenced above: 1. Provide a copy of the plan submitted to the Suffolk County Department of Health Services for our records. 2. Pursuant to the Suffolk County Department of Health Services (SCDHS) letter dated January 19, 2012, SCDHS approval must be obtained prior to the occupancy of the proposed site. Furthermore, no determination will be made by the Planning Board until SCDHS approval is obtained and the stamped original map is received by this department. 0 Sherwood House Vineyards Page Two January 30, 2013 Please submit directly to the Planning Department, and if you have any questions regarding this site plan or its process, do not hesitate to call this office. Very truly yours, �L)Jac Donald J. Wilcenski Chairman Postal adCERTIFIED MAILT,, RECEIPT m M (Domestic Mail Only; CoverageEr � I USE M7 ru d Comed F O C3 Realm Receipt (EndoreemeM Requi Here O Restricted Delivery Fee d S Er' (Endorsement Required) ISI OCj M Total Post a®e&Fees Lil Cj Sent T, T- or PO Box .r1Q¢�Q_ L�cY2_ PS Form :11 June 2002 Flo Patricia C. Moore M- Attorney at Law 1/ // 51020 Main Road Southold,New York 11971 Tel: (631)765-4330 Fax: (631)765-4643 November 5, 2012 Mr. Walter J. Hilbert, P.E. Chief Suffolk County Dept. Of Health Services p Office of Wastewater Management 360 Yaphank Avenue, Suite 2C Yaphank,NY 11980 Re: "Site Plan for Sherwood House Vineyards" N10V - 7 2012 2600 Oregon Road, Mattituck,New York SCTM# 1000-100-4-5.3 & 5.4 Dear Mr. Hilbert: The property referenced above is an agricultural operation situated on a 38.5 acre parcel consisting of a vineyard, farm winery and single family farmhouse. It is within the New York State Agricultural District#1. The Health Department's insistence that it has jurisdiction over an "open air tasting area" situated on the property has taken this property owner into a"Kafkaesque" nightmare. The review has become absolutely absurd and constitutes a violation of the NY Ags & Markets Law section 305-a which dictates that local land use regulations" shall not unreasonably restrict or regulate farm operations within agricultural districts in contravention of the purposes of this article" .' In a letter dated January 19, 2012 to the Southold Town Planning Board, you advised that the County Health Department has jurisdiction over the Sherwood House Vineyard and its proposed open air wine tasting area on its property. [A copy of this letter is enclosed for your convenience] You assert that the"tasting room" as you describe it, constitutes a change of use from ' New York State has declared, "The socio-economic vitality of agriculture in this state is essential to the economic stability and growth of many local communities and the state as a whole. It is, therefore, the declared policy of the state to conserve,protect and encourage the development and improvement of its agricultural land for production of food and other agricultural products. It is also the declared policy of the state to conserve and protect agricultural lands as valued natural and ecological resources which provide needed open spaces for clean air sheds, as well as for aesthetic purposes. N.Y. Agric. &Mkts. Law § 300 Patricia C. Moore Attorney at Law Re: Sherwood House November 5, 2012 residential to "other than single family residential"thus requiring compliance with SCDHS Commercial Construction Standards. The conclusion that a change of use to "other than single family residence generates an increase in sewage flow" is wrong. The tasting area does not fall within any of the jurisdictional criteria set forth in Article 6 Section 760-602. There is no new construction, there is no addition to an existing building, nor does the agricultural operation of a vineyard and farm winery offering tastings, generate additional sewage flow. Simply stated, the Health Department does not have jurisdiction to regulate an open air tasting area, and it cannot impose upon this agricultural operation the department's "commercial standards." This application has taken on a life of its own. Everyone appears to have forgotten that this is a seasonal, outdoor tasting area in an established vineyard/farm winery. It is not a "traditional tasting room" as there is no building,there is no food service and there is no catering of events. It is no different than a farmstand offering produce or goods for consumption or an orchard offering apple cider tastings. This is not a food service establishment. This use has no impact on sanitary flows as no amenities are provided to the public by which to increase sanitary flow. This activity falls squarely within the terms of a Memorandum of Understanding entered into between the New York State Department of Health and the New York State Department of Agriculture and Markets executed September 20, 2010. [A copy of this"MOU" is enclosed] The MOU applies "to the entire State of New York and includes all city and county health departments."' Nevertheless, in an attempt to complete the governmental review of this agricultural operation in a manner we believed would be cost-effective [and after consultation with Craig Knepper, P.E from your department who advised he had conferred with you] it was agreed that the owner would submit a sanitary design based upon a"recreational use"using the number of parking spaces provided as the basis upon which the system would be designed. The owner even offered to construct a building exclusively for a bathroom use of patrons with a non-potable water supply from a well on site. Instead, our application has been turned into a"project" which was referred to the Office of Water Resources-Division of Environmental Quality which has responded with a letter dated October 19, 2012 setting forth the myriad demands for a"public"water supply. (A copy of the October 19, 2012 letter is enclosed for your convenience) z MOU page 2 "Jurisdiction" Patricia C. Moore Attorney at Law Re: Sherwood House November 5, 2012 In light of the Health Department's insistence upon imposing"commercial standards"to this agricultural use, the owners are compelled to seek relief from the New York State Department of Agriculture and Markets. The financial losses to this agricultural business have been staggering as it has been subjected to this regulatory gauntlet. This must end. SCDHS does not have jurisdiction over this agricultural operation and it is demanded that you notify the Southold Town Planning Board of this fact. Sincerel Patricia C. Moore PCM/mr c: NY Dept. of Ags & Markets Sherwood House Vineyard Southold Town Planning Board 1 COUNTY OF SUFFOLK i. i STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES JAMES L.TOMARKEN,MD,MPH,MBA,MSW Commissioner i January 19,2012 z Donald J. Wilcenski, Vice Chairman Town of Southold Planning Board _._. .._....._... .._.. PO Box 1179 i.. Southold,NY 11971 JAPE 25 2012 Re: Site Plan for Sherwood House Vineyards 4 Located at 2600 Oregon Road, Mattituck SCTM#: 1000-100-4-5.3 & 5.4 Dear. Mr. Wilcenski: The Department is in receipt of your inquiry regarding the water and sanitary requirements for the above referenced proposal. SCDHS Commercial Construction Standards require approval of plans prior to the start of construction of all new buildings,building additions with or without internal plumbing,or changes in use or renovations of existing buildings that may affect sewage flows or density load. The parcel in question is currently developed with a single family residence. The addition.of.a.proposed"tasting room" involves a change in use from residential to "other than single family residential use" and generates an increase in sewage flow. Therefore, the density of the site must be evaluated and if there is sufficient j density for the proposed use, the existing sewage disposal on the premises must either be upgraded to accommodate the additional sewage flows generated, or separate water and sanitary facilities must be proposed in accordance with current commercial standards. As indicated, SCDHS does have jurisdiction over the "expanded" use of the premises and an application must be submitted to, and approved by SCDHS,prior to occupancy of the premises with the intended use. Should you have any questions or need to discuss this matter further, please feel free to contact me at (631)852-5700. Sincerely; Walter J. Hilbert, P.E. Chief SCDHS Office of Wastewater Management DIVISION OF ENVIRONMENTAL QUALITY PnbHeHeaith Office of Wastewater Management•360 Yaphank Avenue,Suite 2C,Yaphank NY 11980 Prcrnt.lrsnr,r.lro,re,. 16311852-5700 Fax 16311852-5755 MEMORANDUM OF UNDERSTANDING BETWEEN THE NEW YORK STATE DEPARTMFNT OF HEALTH AND THE NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS CONCERNING THE INSPECTION OF FOOD SERVICE ESTABLISHMENTS AND FOOD PROCESSING ESTABLISHMENTS I. GENERAL This Memorandum of Understanding replaces the Memorandum of Understanding between the New York State Department of Health (Health) and the New York State Department of Agriculture and Markets (Agriculture)that was executed by the Commissioner of Health on December 3, 1985 and by the Commissioner of Agriculture and Markets on January 15, 1986. Said Memorandum became effective on March 1, 1986 and was amended by an amendment that was executed by the Commissioner of Agriculture and Markets on March 30, 1993 and by the Commissioner of Health on May 10, 1993. A subsequent amendment regarding public water supplies at facilities licensed by Agriculture was executed by the Director of Health's Center for Environmental Health on October 16, 2000 and by the Commissioner of Agriculture and Markets on November 7, 2000. The purpose of this Memorandum of Understanding is to clarify the respective responsibilities of Agriculture and Health in the inspection of food service establishments and food processing establishments, to assure comprehensive food protection for the people of New York State, to maximize the efficient use of the resources of agencies concerned, to avoid gaps in food surveillance, and in furtherance of such purpose, to continue the development of broader cooperative efforts between the two agencies. Responsible Agencies Agriculture and Health are the responsible agencies for the implementation of this Memorandum of Understanding. Under the authority of Sections 201(1)(a), 201(1)(1), 201(1)(m), 206(1)(a), 206(1)(b), 206(1)(0, and Title Vlll of Article 13 of the Public Health Law and, pursuant to the power of the State Commissioner of Health recognized in Article 20-C of the Agriculture and Markets Law to certify and approve service food establishment permit and inspection programs of local health agencies, the State Commissioner of Health, by execution of this instrument, binds all city and county health departments and State Health District Offices ("Local Health Departments")to its terms and conditions. For purposes of this agreement, the Division of Environmental Health Protection of Health at Albany, New York and the Division of Food Safety and Inspection Services of Agriculture at Albany, New York, will be responsible for its implementation. 1 Jurisdiction This Understanding applies to the entire State of New York and includes all city and county health departments. Effective Date This agreement will be effective upon execution by the parties. Lecial Authority Section 206(3) of the Public Health Law and Section 16(24) of the Agriculture and Markets Law provide requisite authority for Agriculture and Health to enter into this Memorandum of Understanding. ff. RESPONSIBILITIES AND IMPLEMENTATION Determination of Responsibility Health and local health departments designated by Health will be responsible for the inspection and regulation of places where food is consumed on the premises or sold ready-to- eat for off-premises consumption including the site at which individual portions are provided. Agriculture will be responsible for the inspection and regulation of places where food is processed or manufactured, food warehouses, wholesale food distributors and retail food stores. If an establishment has operations that may fall under the jurisdiction of both Health and Agriculture,Agriculture shall have jurisdiction over all operations of the establishment unless sales of food for consumption on the premises or ready-to-eat for off-premises consumption, measured by annual dollar receipts, exceeds fifty percent of total annual dollar receipts in which event Health shall have jurisdiction of the establishment. The field staff of Health and Agriculture shall meet to resolve jurisdictional questions. If such staff does not resolve any jurisdictional issues, the Division of Food Safety and Inspection of Agriculture and the Division of Environmental Health Protection in Health will meet to resolve the issue and to render a mutually agreed upon decision binding on both departments. In resolving such jurisdictional issue, the representations of the establishment operator shall be dispositive as to whether or not sales of food for consumption on the premises or ready-to-eat for off-premises consumption exceed fifty percent of the total annual dollar receipts of the establishment. In no instance shall an establishment be required to have a license or permit to operate from both departments or be Inspected by both departments. Agriculture will be responsible for the inspection and regulation of the State owned cook- chill facilities. Winery vineyards and wine producing equipment are the responsibility of Agriculture and food services at these facilities are the responsibility of Health, regardless of the revenue generated by each operation. If the food service at a winery is limited to wine tastings accompanied by incidental foods such as the service of cheese and crackers,Agriculture will be 2 responsible for regulating the food service in addition to the wine production as part of the winery. Health shall identify and report economic violations under Agriculture's laws and regulations as a routine part of its food service establishment inspections. (See IV. infra). Examples of establishments over which Health normally has jurisdiction include: Restaurants Church Food Services Food Vending Machines Automats Oyster and Clam Bars Interstate & Intrastate Carrier Food Services Cafes Fish Fry Places Cafeterias Refreshment Stands Dairy Bars Coffee Shops Soda Fountains Ice Cream Stands Diners Carnivals, Circuses, Frozen Dessert Stands Sandwich Shops Exhibitions, Fairs and Festivals Clubs Carry-out Restaurants Taverns Organizations Fast Food Places Grills Hamburger Stands Caterers Cocktail Bars Lunch Bars Drive-in Restaurants Night Clubs Lunch Counters Pizzerias Food Services in Temporary Residences Migrant Camp Kitchens Children's Camp Kitchens Lunch Rooms Convenience Food Luncheonettes Preparation Places Catering Kitchens Short Order Mobile Food Vehicle Restaurants Commissaries Industrial Food Services Tea Rooms School Food Services Service Areas Mobile Food Establish- Hospital &Nursing College Food ments and Pushcarts Home Food Services Services 3 Food Vending Machine Baby Formula Retail Bakeries Commissaries Preparation Delicatessens with Food Service Equal to or Greater than 50% Sales Examples of establishments over which Agriculture normally has jurisdiction include: Candy Plants Potato and Vegetable Processing And Packaging Frozen Food Plants Frozen Food Warehouses Food Warehouses Canning Plants Fruit and Vegetable Wholesalers Sugar Refineries Nut Roasting and Packaging Liquid Sugar(Syrup) Plants Spice and Condiment Plants Wineries and Cider Mills Soft Drink Bottling Plants Cream Filling Manufacturing Food Stores Wholesale Bakeries Baby Food Manufacturing Convenience Food Plants Smoked Fish Plants Delicatessens with Food Service less than 50% of Sales Ice Manufacturing Plants Other State or federal agencies are responsible for inspection and regulation of certain food processing operations. These include: Shellfish harvesting, processing and distribution— New York State Department of Environmental Conservation Egg Processing (Breaking, Pasteurization, Freezing and Drying)—U.S. Department of Agriculture Implementation Agriculture will inform its field representatives of their areas of responsibility. Health will inform the local health departments of their areas of responsibility. Responsibilities of other State and Federal agencies also will be specified. In addition, Health shall not make available 4 • State aid to any local health department for any activity which, under this agreement, is the responsibility of Agriculture. Health and Agriculture will hold or sponsor joint training sessions and develop guidance material in the interpretation and application of principles, regulations, standards and techniques of common concern or interest, III. MECHANISM FOR SETTING OF STANDARDS In order to provide similar food protection standards in retail food operations, Health shall utilize Part 14 of the State Sanitary Code (10 NYCRR Part 14) as a minimal standard and Agriculture shall use the Retail Food Store Sanitation Regulations(1 NYCRR Part 271) as a minimal standard in performing inspections and requiring compliance. Agriculture will employ standards of health and sanitation established by the State Commissioner of Health and incorporate these fully in its food inspection programs. In setting such standards, the State Commissioner of Health will solicit comments from Agriculture, particularly as related to the feasibility of implementation. Agriculture will have responsibility for the setting of standards with respect to food adulteration, misbranding and economic factors. In setting such standards, the State Commissioner of Agriculture and Markets will solicit comments from Health. !v. MECHANISMS FOR INFORMATION EXCHANGE Health, Agriculture and each local health department shall maintain current complete listings of all establishments under permit or license by them. Such listings will be available to agencies or units concerned in areas of joint responsibility during normal working hours. Representatives of Health and Agriculture will meet annually to review their respective programs and the implementation of this memorandum. Local health departments may be represented at such meetings. Health, Agriculture and each local health department shall maintain rosters of regional and local Health officials and Agriculture food program supervisors and make such rosters available to each other. Health, Agriculture and each local health department shall review all complaints to determine jurisdiction, and shall acknowledge and forward such complaints to the appropriate office for handling consistent with this Memorandum of Understanding. If Agriculture becomes aware of actual or suspected cases of food or water-borne illness it shall report such cases by telephone, without delay, to the local health department having jurisdiction for that locality, Health and Agriculture will jointly investigate and complete final reports involving illnesses that occur at or due to establishments regulated by Agriculture. These reports will be forwarded to the Division of Food Safety and Inspection in Agriculture and to the Division of Environmental Health Protection in Health. Whenever an economic violation Is observed at a food service establishment, the local health department shall prepare, in duplicate, a labeling and Advertising Report, FIS-545. One 5 copy shall be left at the establishment at the time of the inspection; the second copy shall be forwarded, as directed by Health, to Agriculture. Whenever one agency learns of a FDA Class I, or similar recall of food or food products, it shall immediately notify the other agency of such recall. Throughout the recall process, both agencies at all levels will make a maximum effort to keep the other agency informed and cooperate in every way possible to expedite the removal from the marketplace of the food posing the public health hazard, V. MECHANISMS FOR EMBARGO/SEIZURE OF FOOD SOURCES IMPLICATED IN EPIDEMIOLOGIC INVESTIGATIONS Epidemiologic Investigation Health will investigate food borne disease outbreaks. These investigations are conducted by county and city health departments and/or Health District Offices following procedures outlined in the"Environmental Health Manual." Health will notify Agriculture of all on- going investigations where a contaminated food source is the suspected cause of a disease outbreak. Agriculture will provide assistance in the investigation and may play the lead role in tracing contaminated foods back to their source by visiting retailers, wholesalers and producers to review and obtain records that document the chain of distribution for the products. Health will analyze the findings of the epidemiologic and source investigations and make a determination as to the likelihood of an association between the Illness outbreak and its cause or causes. When warranted, based on the evaluation of the investigation data and analysis, the Commissioner of Health will certify to the Commissioner of Agriculture that food from the source(s) constitute(s) a danger to the health of the people of the State of New York and that such source(s) is/are unapproved source(s)for food service establishments in the state. Embargo, Seizure Recall Public Notification After receiving certification from the Commissioner of Health, the Commissioner of Agriculture and Markets, shall direct the seizure, quarantine and/or destruction of the food in question pursuant to the provisions of Section 202-b of the Agriculture and Markets Law, following his or her determination that said food is adulterated within the meaning of Section 200 of the Agriculture and Markets Law and, as such, that the manufacture, processing, possession, sale, offering or exposure for sale of such food would violate Section 199-a(1) of the Agriculture and Markets Law. Where they deem it appropriate, the Commissioners of Health and Agriculture and Markets shall initiate a recall of such adulterated food and the notification of the public of such recall. Health shall assist in cases involving such seizures, quarantines, destruction and recalls by assuring the removal of any remaining contaminated food from food service establishments and by making available witnesses for any administrative proceedings and/or litigation associated with such actions. Nothing herein contained shall be construed to restrict the power of the State Commissioner of Health to take Summary Action under Public Health Law Section 16 to require discontinuance of conditions or activities constituting a danger to public health when such action is deemed appropriate under the circumstances. 6 VI. REGULATORY OVERSIGHT OF PUBLIC WATER SUPPLIES AT FACILITIES LICENSED BY AGRICULTURE Health or its designated local health department is responsible for regulatory oversight of public water supplies at facilities licensed by Agriculture. Agriculture will notify its licensed facilities of Health's role. Health will provide Agriculture with guidance material that will allow prospective operators of facilities licensed by Agriculture to easily understand the requirements relative to an on-site public water supply. Agriculture will, In turn, provide this material to any new applicant. Health or its designated local health department will notify Agriculture of any potential critical violations of Agriculture's rules and regulations at facilities licensed by Agriculture and Agriculture will notify Health or its designated local health department of any potentially significant water supply problems it observes within its licensed facilities, Health or its designated local health department will initiate administrative actions concerning certain identified public water supply violations and notify Agriculture of all such actions. Should violations present a public health hazard, Agriculture agrees to initiate proceedings to consider revocation of the facility's Article 20-C Food Processing License or assure that an alternative arrangement for an interim water supply is available at the impacted facility until corrections are made to ensure the safety of the water supply. A local health department may charge facilities licensed by Agriculture reasonable fees, not exceeding the estimated costs for public water system protection and monitoring services, pursuant to this Memorandum of Understanding and consistent with the schedule of fees approved by Health under Public Health Law Section 606. Agriculture will not license facilities with new public water systems until notification is received from Health or its designated local health department of the approval of the potable source(s) of water. VII. RESEARCH COOPERATION Health and Agriculture agree to cooperate as permitted by law on food safety research when in the opinion of each it will promote and enhance the public health by maximizing the efficient use of agency and extramural resources. 7 SIGNED: /I IWI PATRICK HOOKER CHARD F. DAI ES, M.D. Commissioner Commissloner New York State Department of New York State Department of Agriculture and Markets Health Albany, New York Albany, New York DATED: PASectionsmirectorlMOuwou DOH Food Service Processing Establishments rev 070210.docx 8 COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES JAMES L.TOMARKEN,MD, MPH, MBA,MSW Commissioner October 19,2012 Joseph Fishetti,P.E. 1725 Hobart Road P.O.Box 616 Southold,NY 11971 Re: Sherwood House Vineyard;H.D.Ref#C10-12-0013 Dear Mr. Fishetti: We are in receipt of your submission dated August 8,2012 regarding the above referenced project.Based upon the information submitted we would like you to amend/clarify several items on the referenced plans.These include the following: 1. The Department requires submittal of an availability letter from the Suffolk County Water Authority(SCWA). In the event that public water is available within either 500 feet or 10%of the proposed total gross floor area of buildings then public water will be required to be extended to the site and connected to. A variance may be requested for use of a well. If water is not provided by SCWA,based on the proposed scope of this project the site will be regulated as a noncommunity public water supply. 2. Please clearly identify the well serving the proposed bathroom and provide a well construction detail. The well must comply with public water supply well standards as stated in Part 5,Subpart 5-1,Appendix 5-D of the New York State Sanitary Code. This includes ensuring the top of the casing is 18 inches above grade and is equipped with a tight sanitary seal and integral casing vent. In addition,a well completion report must be provided to the Department if it is your desire to use an existing well. 3. The well must meet the separation distances as required in Table 1 of Part 5,Subpart 5-1,Appendix 5-D. This includes,but is not limited to, 100 feet from a septic tank,200 feet from surface wastewater recharge absorption system for storm water from parking lots,roadways or driveways,and 200 feet from septic system components(non- watertight). Please refer to the attached Table 1 for a complete list. 4. The well sample collected on 6/8/12 by Harry Goldman provided to the Department had an aldicarb concentration of 12.2 gg/L;the Maximum Contaminant Level(MCL)for aldicarb is 7gg/L. Due to the exceedance of the MCL for aldicarb,treatment must be provided. In addition,the nitrate sample result was 9.93 mg/L;the MCL for nitrate is 10 mg/L. Due to the elevated concentration of nitrates approaching the MCL quarterly monitoring for nitrates will be required. 5. In accordance with the USEPA Ground Water Rule,a triggered source water monitoring tap must be provided for the well. This must be a smooth-nosed sample tap prior to a check valve in which only water from the well may be sampled from the tap. A detail of the tap must be provided as well as a detail identifying the location of the check valve and tap. Please feel free to consult the Department on the location of the tap and check valve. OFFICE OF WATER RESOURCES-DIVISION OF ENVIRONMENTAL QUALITY 360 Yaphank Avenue,Suite 1-C,Yaphank, NY 11980 Pb (631)852-5810 Fax(631)852-5787 Prevent.Promote.Protect. 6. Sufficient water storage must be provided for the water system. Define the location and size of any proposed or existing water storage tanks. Section 7.0.1.b of the Recommended Standards for Water Works(RSWW)requires a volume of water storage equal to the average daily consumption. 7. Public Water Suppliers must have an adequate cross-connection control program as required by Subpart 5-1 of the New York State Sanitary Code. This includes the installation of hose bib vacuum breakers on all hose bibs and the appropriate cross-connection control devices installed on all hazardous services including irrigation lines in accordance with the New York State Department of Health guidelines. 8. Define the size and piping material of the proposed water service to the bathroom. The piping must be NSF 60 approved and meet the respective AWWA Standards based on the piping used. In addition,define the depth of bury for the service lateral. The route of the piping must also be illustrated on the project plans to verify setback distances. 9. Please revise the project plans to provide information concerning disinfection and make direct reference to AWWA Standard C651. Reference shall also be made to the type of chlorine to be used;AWWA Standard B300 is required for hypochlorite while AWWA Standard B301 is required for liquid chlorine. Although mentioned in AWWA Standard C651,the tablet method is not acceptable in New York State. Please note that following disinfection and flushing,the Department will require 1 set of 2 bacteria samples(total of 2),collected 24 hours apart with free chlorine residuals, from the proposed water service being installed. Please note that the latest sample provided to the Department indicated the presence of total coliform in the well. If you have any questions concerning this matter,please feel free to contact me at(631)852-5513. Sincerely, Joshua Mednick Assistant Public Health Engineer cc:Ms.Patricia C.Moore,51020 Main Road,Southold,NY 11971 (w/o enclosures) Mr.Varughese George-SCDHS,Office of Wastewater Management(w/o enclosures) Encl:Table l of Part 5, Subpart 5-1,Appendix 5-D OFFICE OF WATER RESOURCES-DIVISION OF ENVIRONMENTAL QUALITY !h 360 Yaphank Avenue, Suite 1-C,Yaphank, NY 11980 (631)852-5810 Fax(631)852-5787 5045 Elijah's Lane Mattituck,NY 11952 October 3, 2012 Donald Wilcenski Southold Town Planning Board PO Box 1179 0CT Southold, NY 11971 Dear Mr. Wilcenski, In considering the request by Sherwood House Vineyards for the temporary use of Porta-Potties on their new Oregon Road site before attaining a decision from the Health Department regarding the need for bathrooms, please regard the following: Violation of easement for over six years. No retail agreement implied in easement. Retail operation for over one year after Cease and Desist order given. Temporary Injunction judgment granted October 2011. Court expenses needed for town code compliance. Ongoing. Tasting Room in Jamesport opened July 2011; no economic hardship exists. `Temporary' OK given until `After Harvest 2010' for fence erected on town property. Never moved. Patricia Moore quoted January, 2012, "Even if they say we need them, we're going to say we're not getting them." Sherwood House Vineyards' words and actions indicate that, if given the `temporary' OK to operate their new tasting area with Porta-Potties, they would then defy future orders by the Health Department and Planning Board were bathrooms determined to be necessary. Yours Very Respectfully, Mary Anne Coe 0 0 MAILING ADDRESS: PLANNING BOARD MEMBERS *FjF SU�r P.O.Box 1179 DONALD J.WILCENSKI � �� Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS G Q 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR `►oU'M�� Southold, NY I�', Telephone: 631765-1938 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD October 4, 2012 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Sherwood House Vineyards SCTM#1000-100-4-5.3 Dear Ms. Moore: I am writing as a follow-up to the Planning Board Work Session held on October 1, 2012 where the above-referenced site plan was discussed and the following items were required: 1. Provide a copy of the plan submitted to the Suffolk County Department of Health Services for our records. 2. Pursuant to the Suffolk County Department of Health Services (SCDHS) letter dated January 19, 2012; SCDHS approval must be obtained prior to the occupancy of the proposed site. Furthermore, no determination will be made by the Planning Board until SCDHS approval is obtained and the stamped original map is received by this Department. Please, if you have any questions regarding this site plan or its process, do not hesitate to call this office. Very truly yours, 13,--C Brian A. Cummings Planner C . Patricia C. Moore ?XL- Attorney at Law / 51020 Main Road Southold,New York 11971 631-765-4663 tel 631-765-4643 fax September 13, 2012 . � Attn: Brian Cummings, Planner SEP 1 3 2012 . Southold Town Planning Board 53095 Main Road F Southold NY 11971 ' by hand Re: Sherwood House Vineyard (Smithen) SCTM#1000-100-4-5.3 & 5.4 Dear Brian: With reference to the above and pursuant to your August 31, 2012 letter, enclosed please find a revised site plan(pages A-1 and A-0) last dated September 10, 2012 by CMS Architecture and Design(per my email to you of 9/12/12) 47 We respectfully request that this matter be placed on your next work session, this Monday, September 17, 2012. Thank you. V ruly rs, tricia C. Moore PCM/bp encls. i MAILING ADDRESS: PLANNING BOARD MEMBERS V ''tjf P.O.Box 1179 DONALD J.WILCENSKI „ ' fi Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS „ Town Hall Annex KENNETH L.EDWARDS � . ; 54375 State Route 25 JAMES H.RICH III * (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR Southold, NY {l Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 31, 2012 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Sherwood House Vineyards SCTM#1000-1004-5.3 Dear Ms. Moore: I am writing as a follow-up to the Planning Board Work Session held on August 27, 2012 where the above-referenced site plan was discussed. The Planning Board noted that the plans submitted on August 14, 2012 did not contain the revisions requested previously. For your convenience, those revisions are re-printed below. Please also submit a copy of the plan submitted to the Suffolk County Department of Health Services. Please revise the site plan and submit the Code required nine (9) copies of the plan directly to this department. The Planning Board will consider the request in your August 14, 2012 letter for Conditional Approval after reviewing the revised plans at the next possible Work Session. Revisions required: 1. Evergreen plantings along the western side yard to be planted at five feet (5') on center at a minimum of five to six feet (5'-6') in height. 2. Remove the notation "line of future parking area" from the site plan. 3. Re-locate parking stall "#10" on the site plan (as it is within the 25' front yard) next to the proposed stall "#18" to provide 18 stalls (1 ADA) on-site. 4. Provide the size and type of the proposed "posts" (6 total) to be included in the parking area with post-mounted light fixtures. Sherwood House Vineyards Page Two August 31, 2012 5. Add the following conditions to the site plan: a. No Parking or Standing on or along Oregon Road. -All parking shall be contained on-site in the designated parking stalls. Use of Oregon Road for parking of cars for visitors to the tasting area is prohibited due to its narrow width, and safety concerns for the public. b. No buses or limos permitted to park on-site. c. Tents • Use of a tent in the designated seating area is permitted. The size of this tent shall be no greater than 10'x 30'. A larger tent over this area will require a Special Event Permit. • Use of a tent over the patio and deck are permitted so long as they cover an area no larger than the approved patio and deck. A larger tent over this area will require a Special Event Permit. • Use of tent outside of the areas described above is not permitted without a Special Event Permit. d. Site occupancy is set at 72 people. A Special Event Permit is required if more than 72 people are expected on-site at any one time. 6. Provide a sign at the entrance to the tasting area parking lot stating the following: "Please park only in designated parking areas. Please do not park on the street." 7. To supplement the requirement in #6 above, provide a small sign stating "Parking" to be located in the middle of the existing hedgerow so that patrons recognize that the grass area may be used for parking. 8. Submit an illustration of the proposed main entrance sign(s) to be located at the entrance of the site and any associated lighting. This illustration can be basic in nature so long as the Planning Board can discern its design, layout and size. 9. Provide the dimensions and details of the proposed ADA compliant restroom. Please, if you have any questions regarding this site plan or its process, do not hesitate to call this office. Veruly yours, Brian A. Cummings Planner SITE PLAN NOTES: ° FU(T.TYPE L-02 PAR"ARE WNMARY NOTE: WINE-TASTING I Am PROVIDE HAY BALES&SILT FENCE TO PREVENT RUN-OFF DURING SITE wd LANDSCAPE AREA SUMMARY 1.NO PARKING OR STANDING ON OR ALONG OREGON ROAD. IRON POST-t 2.5' SEATING ARM 1 CONSTRUCTION .ae Daae A A cPa,R PATIO&DECK VERI 428-4e3 SO"ERMEABLE 2.NO BUSES OR LIMOUSINES PERMITTED ON SITE. DIAMETER FIX MFR. W oLCK 49° m+ A 1 030 LIGHT FUCT.MFR. RCrRC TABLES ON LAWN 2975 sF 7 z0• Pv SHERWOOD HOUSE DRAINAGE CALCULATIONS: r.nw.a. m 433 SF 13z 1 PAv 3.MAX.TENT SIZE OVER DESIGNATED SEATING AREA IS 10'x30'-LARGER TENTS TOTAL SEATING AREAE 75F Based on Y rainfaL per Tam of SouBaN Code Capter 236 POOI 1 1 W Pcc1& VINEYARDS REQUIRE SPECIAL EVENT PERMIT. Deck.Mm 1w 630 r140-490 Ce4A' 2600 Oregon Road 4.MAX.SIZE OF TENT OVER PATIO&DECK ARE NOT EXCEED THEIR PARKING SPACES OED PARKING LOT•GRAVEL: m is MatVmck,NY 11952 9SPACES RESPECTNEFOOTPRINTS.LARGERTENTSREQUIRES GRAVELSPACES•8+ANDA PECIALEVENTPERMIT. oRAsssPACEsa.lunDeANKEo 9SPACES [including future on-sileperkirgl s to SPACES e 5.USE OF A TENT OUTSIDE OF DESIGNATED SEATING,PATIO OR DECK,REQUIRES TOTAL SPACES 5,300 X.167 X 0.6=531 cu.ft EX Am GRADE F Pani 1,5M SF NOCHANGE SPECIAL EVENT PERMIT. Pp 180SF 180w Noa[AhIGE TOTALSEATMIG AREA ALLOWED MSF PAVING: SAd 312 312 NO CIU Id DAfF 6.SITE OCCUPANCY IS LIMITED TO 72 PEOPLE.A SPECIAL EVENT PERMIT IS BASED ON 290 SF RETAILL WEDNG SPACE TOTAL m REQUIRED IF MORE THAN 72 PEOPLE ARE EXPECTED ON SITE AT ANY ONE TIME. FOOTER FOR POST- 767 X.167 X 1=128 cu.fL PunW40 9.93.11 POURED CONC.CYUNDE TOTAL Dfldin430 SF lom SF TO BELOW FROST UNE LANDSCAPED AREA: LOT AREA 87119 UPDATE os.».1z 87119 lac 15'SETBACK FOR MONUMENT SIGN.SIGN TO BE Loi E. 4 H.x 6'-SEE DWG,.A-0 FOR DETAIL.TO BE LIT 4 POST LIGHT ELEVATION 475 X.167 X.2=16 cu.R UPDATE o9.19.1z BY TWO DARK-SKY COMPLIANT GOOSENECK :x•-ra• T A r ERAo 9 ttWbll SHIELDED FIXTURES DIRECTED TO SIGN TOTAL VOLUME REWIRED=675 tuft SURFACE.IFIXT.TYPE L-011 EW ASPHALT APRON t 330 SF TOTAL-4"THICK STONE LEND BASE,2.5" E P LAN 0 R ASPHALT BINDER&1.5"TOP WEARING COURSE.SAW CUT UNE AT ROAD TO PROVIDE CLEAN EDGE FOR NEW PAVING. NOTE:WELLS MORE THAN 150'FROM PROPERTY UNE NORTH SIDE OF OREGON ROAD. PROPOSED BUFFER OF EVERGREEN-MAX SPACING 5 O.C.MIN HEIGHT S TO 6 FVC41 �' 1 SEE DRAWING A-0 FOR --- ------ -------✓ A-0 SEPTIC DESIGN 41,-0 i T TF1EP 01EPOLE OREGON ROAD w EXIST.DENSE NATURAL BUFFER OF Z m' MATURE SHADE TREES,CEDAR TREES 0 &WILD ROSE BUSHES. 1? I .._.._._._._._._._.._._._._._._._._._.._.._.._.._.._._.. .._.._.._..__.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._-._.._.._.._.._..-.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._.._..___.._.._. W g N 59e 44'00" E 35T-1"' € e SIGN ENTRYe 130'-0 I I PARK AONL�DESIGNATED PARKING AREAS. 'z WT.9EEC - I:< PLEASE DO NOT PARK ON THE STREET." I $u I REE {� ELL-kxa3m p.- .-- NEW DRIVE&PARKING 4,453 SF I �-2 .,y c 6 •, r.CEssPOOI 6'RCA SUBGRAtDE W/1.5' I I„ r . TOPCOAT OF 374"CRUSHED I -- NE OF GRASS PARKING AREA-1,368 sF. m T.DRIVE& STONE I m # - e PROIVDE SIGN'PARKING',AT CENTER OF ,'�„ WALK 1.428 SF E TES' E - �:'- H DG ROW INDICATING USE. I r e (2)4'X S'CONC.CAST CESS f `� ST.HEDGEROW y- I FOOTPATH IBDSF PORCH uy POOLS W/TRAFFIC I �E �f 12 BEARING RINGS W/STL I -- w o GRATE COVER I 1-91 171'x" ----------- -- 1 I XT.TYPE L-02-DARK-SKY t3�-0COMPLMINTLED.POST LIGHTS • _.._ F. as O _ i UNDER TREE CANOPY-:3 EACH SIDE OF PARKING.SEE FCL zI kroon ger ,- ADA SPACE&WALK- a - I ELEVATION 4+:'ONG.A-1 a pq • 55P00L V = U 1 IMPERVIOUS t 285 SF -- _ r ° LLQ U I 1\J) MT.FOOTPATH 188 5 �F FDR.TYPE L-03-DARK-S I ® 187'-101/t W Z Q 9(1 COMPLIANT L.ED.PATH .,-,-•_ - Q m d9 LIGHTS. I d`- 1 .w0.DECK o I 140 SF ` m (/l (�♦7 3 :i. 6'-0'FENCE AROUND DUMPSTER SED \ =290 SF OZ 233 J;•6-z' ON 6'CONC.PAD 6'-0'X 10'-0' ! i WALKS t \ WELL � Q Q I- J rr. ,b".• PROPOSED PATIO- EXISi.P00L :j to 1121 m ro. '- -� PROPOSED ADA COMPLIANT ' _� �Pare 25-0" 94'-0" t� I BRICK PAVER 132 I RESTROOM.SEE DIETS.2 8 3- I I SF SLOPE TO �`. DVVG.A-1 ---- PARKING FIELD. cMs ` HEDGE TO SCREEN BAT 3Y3 GRAB BARS. • REL[ CHERRY TREE f i gY POURED CONC.FLOOR-VERIFY 4 � ^ MAx.�T FINISH. 8, -'- •- ------•-•-� �`- NOTE_LIGHT&EXHA FAN TO BE "Cr O PROPOSED DECK-6- SWITCHED 6" I;r-r 3r SWRCHED W70CCUPANCY •7 0'-0 10'-0 CEDAR 490 SF-SLOPE , O .PAVED WAIL( EXIST. 40 SF h SENSOR. gr = o TO S.E. EATING AREA DEFINED BY EDOSE SEATING&PICNIC TABLES O sr o ••--------------- PREVIOUSLY-APPROVED IRON FENCE WI • o ORNAMENTAL CREEPING VINES OR ROSE ON LAWN-2.975 SF CI Q er Z •----BUSHES,-.-Q...------•-.•Q._.. -_-- m % -----------_-_----- 7.- .-.-..--- tVINEYARD ROWS ; .-. ----------- -------- -----•-------- . -. O a -. -------•-------• XT.TYPE L-03-DARK-SKY (L ARCH GRADE SHINGLE ROOF. - � _..----_.-- COMPLIANT SOLAR-POWERED 17X36"AWNNG WINDOW. LED.LIGHTS.-8 TOTAL IN m Z PROVIDE MATCHNG SIZE VENT n q OPENING ON SOUTH-EAST SIDE. WELL SEATING AREA. b � a ADA COMPLIANT ENTRY SIGN. - -- ADA COMPLIANT LOCKSET. S 59'44'00"W MATTITUCK OPERTY LINE 353'-i"� BOARD&BATTEN SIDING-CED - NATLFIN. i TOWN OFSOUTHOLD A 1 ADA COMPLIANT TFRESFKAD. PUMP % N SUFFOLK,COUNTY,NEW YORK PROVOS F OR TRELLIS ® S.C.TAX NO.1000-100-04-5.3 G1AMoo° - -_.r.. SCREEN WALL BLOCK ACCESS&VI TO PUMP Sepleaber 10,2D12 a1 ADA BATHROOM ELEVATION HOUSE BYV Rs. 1 PROPOSED SITE PLAN o so 100 JUNE 01,2011 A-1 Scale:1"=20 ft WINE-TASTING TYPICAL LEACHING POOL LOCATION PLAN SITE DATA PATIO&DECK SHERWOOD HOUSE VINEYARDS a f .. Road PROPOSED M 952 SCTM 81000-100-04-6.3 SIGN > n Total Site Area=2 Acres=87,119 SF to I LOCATION t.4 - Total building Area; existing single family home N EXIST.BEECH Proposed=ADA compliant Toilet TREE r 'moi ssuL WE ( m g 22'-2•' ALLOWABLE SANITARY FLOW(DENSITY) tn.. uPOA1t osle.tz m m Ili�® ®� ®® .T Y�" Groundwater Management Zone N O a'4 TESTHOLE O 1PpA1E 0B 481z . ' am®® Wells _ - a W O Allowable flow for site=300 GPG/Acre O b j 2 acres x 300=600 GPD allowed 6 0 d W - SEWAGE STSTEM DESIGN CALCULATIONS0 4 q w'mu' to < at ! r °� Recreational Use ._ 15 GPD/parking Space=270 GPD flow allowed 4�.e 32'-0- LEACHING " . court SECTIONS q/ • 19 0' P, �. SEWAGE DISPOSAL SYSTEM DESIGN a. 5a Q S Use Minimum System for 300 GPD z w l Septic Tacllt to _ 0 - .,,-,m...-�. 6-0•MAX o 6 3 f -- ---- Provide:(1)8 foot dia.X 4 foot liquid depth=1200 GPD ^o - fit5 IGN DETA& S 3 Zv '� 4 1 Leacift Pooh �. 21'b' Q '� W •w y U Ms Z Z: 1 'Y' T Required:300 SF NW ADA $ '25-2„ TYPICAL SINGLE UNIT SEPTIC TANK " Provide:(1)8 foot diameter x 12 foot deep=300 SF " 1R0°M ST f ¢�� � I+� ,.. '" I F' 6I Ll .•: 1wt7Msxamwa C.O. - W-152 orrs�,_aW mclrArsq - 25'-0"Samsearasixslvx aeoloeolsNF aprLT ra NEW SHIK. 14'0"` E s s.Kxcsw etk.x y Diff DETAa t } 32'-3 25-0' W f 9 ., 0 EXIST.TREE H RELOCATED U= Si R SHED• i ENLARGED SRE PLAN W/SEPTIC SYSTEM - Scd.1116-=rZ-0• Q Z �'• - SEPTIC SYSTEM DETAIL TEST HOLE DATA SHEET rJ O v. .. MOTTO SCALE Q � CAST IROlt PRAMIM ��.. •`.•'�• AND GOVER TO 6RAOC GAST IRON FRAMES McDONALD v I � AND GOVEIR TO GRADE GEOSCENCE 1121 AsNoted ev,aaa OKIW _..N_ CMS 'ia * FF EL ST r•e G w EL SS" TEST HOLE DATA SHEET Z 1 DoE _ Pitch 5'/.for 20 feet -� rt. Now: M_$herweee Kase Ynpatl fi w 8"arch traffic slab ,"" 8 inch traffic slab U � vs Pca •' — — SL_"r ~ d W H moor •®o.:�o LOCION: W W p einllDlll MneAnBy rerG/+ V !/D rE1e FOOT Iry 1�d W MIN 4-DIA.rIP'E L MINIMIVM P.1%, TU MW Naha: 1000-10045.7 Orf U� TYPICAL CLEAN OUT imr.xi 1e".52 r MIN.-c-DIA.rlr•E •'�'�+ I (n } class 2400 pipe IIB Praled Daerlptlon: Soo inv.52.T class 2400 pipe inv.51.7 Dab: 3,14.12 0 A=_ r IaN 800 5 F, W W Q V MINIMUM > U) a �— 1200 Q8/on ST •• 51DE • ----- 1.5' Dark bmwa loam OL O O^ a 8'diarnete►4foot id � AREA ----- 3' &own Mt ML U (L W ..a..a 84fi ,.FIlii 0 W U) ..J x tltaoa 3 FOOT MMI.SEPARATION Pale bmvm Me m coetse SOM SN F FR SEASONAL HIGH GROUNDWATER ••I aAAWUfM UXATM IN TRAPPN:AMAS MAU W MOVIDIM WM �_O TNAMCa6AftMF%AWR CGvW 1r ��.. we e Cmxtrenb: ats en[ounlaM Shawootl Harse-SITE-0SAk.vw• September 10,2012 MAILING ADDRESS: PLANNING BOARD MEMBERS �F SOLI P.O.Box 1179 DONALD J.WILCENSKI ���� yOIO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS � Town Hall Annex KENNETH L.EDWARDS G 54375 State Route 25 JAMES H.RICH III �l �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR yComm�� Southold,NY Telephone: 631765-1938 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD August 31, 2012 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Sherwood House Vineyards SCTM#1000-100-4-5.3 Dear Ms. Moore: I am writing as a follow-up to the Planning Board Work Session held on August 27, 2012 where the above-referenced site plan was discussed. The Planning Board noted that the plans submitted on August 14, 2012 did not contain the revisions requested previously. For your convenience, those revisions are re-printed below. Please also submit a copy of the plan submitted to the Suffolk County Department of Health Services. Please revise the site plan and submit the Code required nine (9) copies of the plan directly to this department. The Planning Board will consider the request in your August 14, 2012 letter for Conditional Approval after reviewing the revised plans at the next possible Work Session. Revisions required: 1. Evergreen plantings along the western side yard to be planted at five feet (5') on center at a minimum of five to six feet (5'-6') in height. 2. Remove the notation "line of future parking area"from the site plan. 3. Re-locate parking stall "#10" on the site plan (as it is within the 25' front yard) next to the proposed stall "#18" to provide 18 stalls (1 ADA) on-site. 4. Provide the size and type of the proposed "posts" (6 total) to be included in the parking area with post-mounted light fixtures. ,✓` f Sherwood House Vineyards Page Two August 31, 2012 j i 5. Add the following conditions to the site plan: a. No Parking or Standing on or along Oregon Road. -All parking shall be contained on-site in the designated parking stalls. Use of Oregon Road for parking of cars for visitors to the tasting area is prohibited due to its narrow width, and safety concerns for the public. b. No buses or limos permitted to park on-site. c. Tents • Use of a tent in the designated seating area is permitted. The size of this tent shall be no greater than 10'x 30'. A larger tent over this area will require a Special Event Permit. • Use of a tent over the patio and deck are permitted so long as they cover an area no larger than the approved patio and deck. A larger t tent over this area will require a Special Event Permit. • Use of tent outside of the areas described above is not permitted without a Special Event Permit. d. Site occupancy is set at 72 people. A Special Event Permit is required if more than 72 people are expected on-site at any one time. i 6. Provide a sign at the entrance to the tasting area parking lot stating the following: "Please park only in designated parking areas. Please do not park on the street." 7. To supplement the requirement in #6 above, provide a small sign stating "Parking" to be located in the middle of the existing hedgerow so that patrons recognize that the grass area may be used for parking. 8. Submit an illustration of the proposed main entrance sign(s) to be located at the entrance of the site and any associated lighting. This illustration can be basic in nature so long as the Planning Board can discern its design, layout and size. 9. Provide the dimensions and details of the proposed ADA compliant restroom. i Please, if you have any questions regarding this site plan or its process, do not hesitate to call this office. Ve ruly your 7rian A. Cummings Planner Southold Town Plating Board Work Session —August 24 2012 — Page Two .........................................._.................................................................................................................................................................................................................................................................................,......................................................:................................................................................................................................................ ; Pro'ect name: I Sherwood House Vine aids j SCTM#: 1000-100-4-5.3 ......................J............................................................................... ................................................................................._..._.............................................................................................................................. .. ...,...............................................................................................................................; Location: ' 2600 Oregon Road, Mattituck ............... ............................. ................. ....... ......................... ..... ............................ ... ..................... ......... ............... ......................... ........................................ ... Description: This site plan is for the proposed construction of two patios, one of brick at 160 s.f. and the other a cedar deck at 490 s.f. for an outdoor wine tasting area that will include a 4,453 s.f. gravel parking lot with a i................_...................................................................................................._co.nnectin.9....P.aved..footpath.................................................................................................................................................................................................................................................................. Status: Denied .............._.......................................................................................... ..... ................................................. ..............._........_................ .......................................................................................................................................................................................................................................................; A..............................................................._..........................................................................................._....................................................................._ .................................................................................................................. .........................................................................................................................................................: Attachments:.........................................Staff Re ort ...........................................P....................................................................................................................................................................................... .. Pro ect name Aries Estates/Tull SCTM#: 1000-22-3-2 Location: at the westerly terminus of a private right-of-way which extends north from KaYlei.9.......................................................................................h's Court in East Marion ............................................. ............ ..........................................................................................................................................................................................................................................................: Description: Standard Subdivision of an 11.4418-acre parcel into two lots, where Lot 1 totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 Itotals 7.6751 acres, including 4.6711 acres of open space, in the R-80 Zoning District ............................................................................................... .......... ........... .. ..................... ................................ ..........................................................................................................................................................................................................................., Status: Conditional Preliminary._A.pproval............................................................................................................................................................................................................................... Action: Review revised maps & next step s. ............_..................................................................................................}. ........... . . .. . ....................p................................................................................................................................................................................. ................ Attachments: Staff Report._ ................_............................................................................................................ ................................................................................_ .................................................._.......................... .. . ................................................................................................................................................................................... ................................ ........................................................................,...........................................................................................................................................................................................................,........................................................................................................................................................................................................ i Project name: Peconic Land Trust/Oysterponds ; SCTM#: 1000-31-5-6 Historical Society .................................................................................................................... '..................................................................................................................................................................................... .............................................................:..................................................................................................................................................... I Location: 12395 Main Road, East Marion Description: This proposal is for a standard subdivision of a 7.2 acre parcel into two lots where Lot 1 = 3 ac. to be preserved entirely as open space and Lot 2 = 4.2 acres including a 1.6 ac. historic preservation/accessory structure area and 2.6 acres of preserved open space in the R-80 ZoningDistrict. . . ............ ................................................................... ........................ ........... ............ .......... Status: ............. : New Application... ............... ......................................................................... .............................................................................................................................................................................; I Action: ' Review for completeness. .............._..._.........................................................................................,. ....... .................................. ....................................................... .......... ....... ................................................................................., Attachments: Staff Re _ort................................................................................................................ . . .............................................................................................................................................................P.. . Discussion: ➢ ZBA Comments re: Peconic Landing proposed additional apartment building ➢ Local Law re: Amendments to Chapter 117, TDRs in Connection with Sanitary Flow Credits ➢ Draft Comments re: Ciaglo Change of Zone Application, SCTM#1000-69-4-8.5 Southuld Planning Department Stab Aeport Site Plan Application Work Session Date August 27, 2012 Prepared By: Brian Cummings I. Application Information Project Title: Sherwood House Vineyards II. Action Review all staff and agency comments. This site plan is for the proposed construction of two patios, one of brick at 160 s.f. and the other a cedar deck at 490 s.f. for an outdoor wine tasting area that will include a 4,453 s.f. gravel parking lot with a connecting paved footpath. III: Analysis 1. It should be noted that this site plan application was denied September 12, 2012 (please see attached resolution) 2. Revised site plan: a. The recently revised site plan, dated August 10, 2012, includes a proposed ADA compliant restroom, (1) septic tank and(1) leaching pool. i. Staff: Dimensions have not been included on the plan for the proposed ADA compliant restroom. 3. With reference to the letter dated December 28,2012 a. Evergreen plantings along the western side yard to be planted at five (5') feet on center at a minimum of five to six feet(5'-6') in height. Submitted: Ten (10) shown evergreen plantings (unknown type) at a proposed maximum spacing of 10'o.c. Staff: As required in the above referenced letter, this has not been satisfied. b. Remove the notation"line of future parking area" from the site plan. i. Submitted: This requirement has not been met. The notation remains on the revised site plan. ii. Staff. Additionally, proposed parking stall #10 is referenced as a"land banked parking space", this proposed parking stall is within the 25' front yard area. c. Provide the size and type of the proposed "posts" (6 total)to be included in the parking area with post-mounted light fixtures. 1 i. Submitted: This requirement has not been met. The proposed lighting posts have not been detailed on the site plan. Details and specifications of all other proposed light fixtures have been provided. 4. With reference to the letter dated January 25, 2012 a. Please obtain approval from the Suffolk County Department of Health Services (SCDHS). This approval is required prior to the Planning Board's decision. This requirement is based on the proposed use of the subject parcel which in turn, warrants review for minimum sanitary flow requirements. a. Submitted: The applicant has applied to the SCDHS for approval for the above referenced proposals, however, the applicant has not received SCDHS approval to this date. b. In our previous letter dated January 10, 2012, item 44 provided conditions regarding tents on site. Those conditions were discussed and clarified further at this past work session. Please place the following notations on the site plan: Conditions of Site Plan Approval: a. Use of a tent in the designated seating area is permitted. The size of this tent shall be no greater than 10'x 30'. A larger tent will require a Special Event permit. b. Use of a tent over the patio and deck are permitted, so long as they cover an area no larger than the approved patio and deck. A larger tent will require a Special Event permit. c. A Special Event Permit is required if more than 72 people are expected on-site at any one time. C. Include the following notation under the "conditions" section of the site plan: a. "All parking shall be contained on-site in the designated parking stalls. Use of Oregon Road for parking of cars for visitors to the tasting area is prohibited due to its narrow width, and safety concerns for the public." i. Submitted: All conditions listed above have not been included on the recently revised site plan. d. Provide a sign at the entrance to the tasting area parking lot stating the following: "Please park only in designated parking areas. Please do not park on the street." 2 e. Submit an illustration of the proposed signs to be located at the entrance of the site and any associated lighting. This illustration can be basic in nature so long as the Planning Board can discern its design, layout and size. i. Submitted (items "d & e"): The two (2)requirements listed above have not been included with the recently revised site plan map and/or application. V: Staff Recommendations 1. Require the applicant to provide the dimensions for the proposed ADA compliant restroom on the site plan. 2. Consider whether the proposed ten(10) evergreen plantings at a maximum of 10' on center are sufficient screening for the west side of the proposed parking lot adjacent to the neighboring residence. 3. Require the applicant remove the notation"line of future parking area" from the site plan. Consider whether the proposed parking stall #10 should remain as a land banked parking stall for future use or if it should be removed from the site plan and parking schematic. 4. Require the applicant to obtain approval from the SCDHS before site plan approval is determined. 5. Require the applicant to include the above referenced conditions and notation on the site plan. There are two (2) conditions and one (1) notation. 6. Require the applicant to provide the above referenced details concerning the proposed sign and accessory sign relating to the tasting site and parking layout. 3 MAILING ADDRESS: PLANNING BOARD MEMBERS PLANNING 0 SO(/l�o P.O.Box 1179 MARTIN H.SIDOR Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERSG Q Town Hall Annex KENNETH L.EDWARDS '� • �O 54375 State Route 25 JAMES H.RICH III ��,Y (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI COU , Southold, NY Telephone:631765-1938 Fax:631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 13, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Denial: Site Plan for Sherwood House Vineyards Located on Oregon Road, +/-460 ft. west of Elijah's Lane, Mattituck SCTM# 1000-100-4-5.3 Zoning District: A-C Dear Ms. Moore: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, September 12, 2011: WHEREAS, this site plan is for the proposed creation of an outdoor wine tasting area, including the construction of two patios, one of brick at 160 s.f. and the other a cedar deck at 490 s.f. and a 4,453 s.f. gravel parking lot with a connecting paved footpath; and WHEREAS, the applicant submitted an application for site plan review on April 15, 2011; and WHEREAS, at their Work Session on May 9,2011, the Planning Board accepted the application for formal review; and WHEREAS, on May 18, 2011, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and IEREAS, this action is exempt from Suffolk County Planning Commission referral pursuant to the inter-municipal agreement between the SCPC and the Town of Southold which states: site plan applications proposing less than 5,000 square feet of new or renovated floor area or less than 10,000 square feet of land disturbance should not be subject to referral; and Sherwood House Vineyards Page Two September 13, 2011 WHEREAS, on June 3, 2011, the applicant submitted revised maps as requested by the Planning Board; and WHEREAS, on June 27, 2011, a Work Session was held where comments from referral agencies and revised maps were discussed; and WHEREAS, on June 29, 2011, the Planning Board sent a letter to the applicant detailing the outstanding issues that remained to be resolved with the site plan; and WHEREAS, on July 11, 2011, a public hearing on this application was held and closed by the Planning Board; and WHEREAS, on July 11, 2011, the applicant submitted revised maps; and WHEREAS, on July 25, 2011, a Work Session was held where the Planning Board reviewed the revised plans submitted on July 11, 2011 and determined that several issues remained unresolved, including the following: 1. Parking: The Planning Board required 35 spaces to be provided, with as many on site as possible (parking on Oregon Road at this location is not safe due to the narrow pavement width and tractor and truck traffic from the busy agricultural operations surrounding the area). The revised plan showed 18 spaces, with 35 "overflow parking spaces" provided, along with a lease, on the property across the street. It was determined that accessory parking is not allowed in the A-C Zone without the principal use being located on the same property, thus the Planning Board found that the site plan was still short at least 17 spaces. 2. Agricultural Fueling or Filling Area: The Planning Board noted that there was a nearby utility building that appeared to be either a fueling or chemical filling station and requested the applicant to explain the activities, if any, that occurred there as well as provide any,necessary safety precautions to prevent their patrons from interacting with any dangerous substances or being threatened with potential explosions. The application is still lacking any explanation to satisfy this request of the Planning Board. 3. Evergreen Buffer: The Planning Board was concerned with the health and welfare of the occupants of the nearby residence. They required that an evergreen buffer be installed between the parking lot and the property line to mitigate noise and disturbance. Sherwood House Vineyards Page Three September 13, 2011 4. Pool Fence: The Planning Board expressed concern for the safety of patrons near a pool with a fence that is decaying and does not meet the Town Code and the Uniform Fire Prevention & Building Code for pool fences. With that in mind, they require the . applicant to bring the pool fence up to required standards and obtain a Certificate of Occupancy prior to completing the review of this site plan application. The applicant has not yet submitted the Certificate of Occupancy to the Planning Board. 5. Violation of the Development Rights Easement: The Planning Board was made aware that the applicant continued to operate their retail wine tasting area within the Town's Development Rights Easement on the subject property, an activity that the easement prohibits and that is a violation of the Town Code. In the alternative to denying the site plan application as permitted under§280-131(M) the Planning Board required that they cease their operation in the easement area prior to completing the review of this site plan application. The applicant continues to operate in the easement area and to violate the Town Code; and WHEREAS,on August 2, 2011, the Planning Board issued a letter inform §the applicant that they would suspend review of the site plan application until existing code violations were remedied. The letter also put the applicant on notice that the Planning Board was reserving the right to deny the application pursuant to §280-131(M) of the Town Code. The Planning Board allotted a thirty (30) day period to receive notification from the applicant that the two code violations noted in numbers four and five above were corrected; and WHEREAS, on September 2, 2011, the allotted thirty (30) day period expired with no remedy of the existing violations and no response to the Planning Board from the applicant regarding the violations; therefore be it RESOLVED, that the Southold Town Planning Board hereby denies the site plan application entitled "Sherwood House Vineyards". This denial is without prejudice and the record may be re-opened and an amended decision issued upon the applicant's written request to the Planning Board and notification from the applicant that the violations set forth herein have been remedied. If you have any questions, please do not hesitate to contact this office. Very truly yours, 0-naeo�_ L014 Donald Wilcenski Vice-Chairman January 25, 2012 Patricia C. Moore Attorney at Law 51020 Main Road Southold, NY 11971 Re: Sherwood House Vineyards SCTM#1000-100-4-5.3 Dear Ms. Moore: I am writing as a follow-up to the Planning Board Work Session held on January 23, 2012, where the above-referenced site plan was discussed and the following was required: 1. Please obtain approval from the Suffolk County Department of Health Services (SCDHS). This approval is required prior to the Planning Board's decision. This requirement is based on the proposed use of the subject parcel which in turn, warrants review for minimum sanitary flow requirements. 2. In our previous letter dated January 10, 2012, item #4 provided conditions regarding tents on site. Those conditions were discussed and clarified further at this past work session. Please place the following notations on the site plan: "Conditions of Site Plan Approval: a. Use of a tent in the designated seating area is permitted. The size of this tent shall be no greater than 10'x 30'. A larger tent will require a Special Event permit. b. Use of a tent over the patio and deck are permitted, so long as they cover an area no larger than the approved patio and deck. A larger tent will require a Special Event permit. • • Sherwood House Vineyards Page Two January 25, 2012 3. Include the following notation under the "conditions" section of the site plan: a. "All parking shall be contained on-site in the designated parking stalls. Use of Oregon Road for parking of cars for visitors to the tasting area is prohibited due to its narrow width, and safety concerns for the public." 4. As a review from previous meetings and letters, the following conditions must also appear in the "conditions" section of the site plan: a. A Special Event Permit is required if more than 72 people are expected on-site at any one time. 5. Provide a sign at the entrance to the tasting area parking lot stating the following: "Please park only in designated parking areas. Please do not park on the street." 6. Submit an illustration of the proposed signs to be located at the entrance of the site and any associated lighting. This illustration can be basic in nature so long as the Planning Board can discern its design, layout and size. Please, if you have any questions regarding this site plan or its process, do not hesitate to call this office. Very truly yours, Brian A. Cummings Planner January 11, 2012 Patricia C. Moore Attorney at Law 51020 Main Road Southold, NY 11971 Re: Sherwood House Vineyards SCTM#1000-100-4-5.3 Dear Ms. Moore: I am writing as a follow-up to the Planning Board Work Session held on January 9, 2012 where the above-referenced site plan was discussed and the following clarifications were determined regarding item #4 in the letter dated December 28, 2011. 4. Add the following conditions to the site plan: a. Use of a tent in the designated seating area(s) is allowed. b. Any tent outside the designated seating areas will require a Special Event permit. Regular use of a tent outside of the designated seating areas will require an approval by the Planning Board via formal amendment to the site plan. Regular use in this case is defined as being set up for more than 72 hours at any one time, or being in use for any amount of time more than four (4) times a year. We have yet to resolve the issue concerning bathrooms and the Suffolk County Department of Health Services requirements. Please wait to revise the plan until after this issue has been resolved. The Board plans to resolve the issue by their next work session on January 23rd. Please, if you have any questions regarding this site plan or its process, do not hesitate to call this office. Very truly yours, Brian A. Cummings Planner r L,► c� PATRICIA C. MOORE Attorney 'at Law 51 p2p 1V[ain Road Southold,N.Y. 11952 Tel: (_631) 765-4330 Fax: 631 765-4643 Mar aret Rut owski lgetsy Perkins Secretaries August 14, 2012 Donald J. Wilcenski, Chairman and Southold Town Planning Board 53095 Main Road P.O.Box 1179 AUG 1 4 2012 Southold, NY 11971 By Hand Re: Sherwood House Vineyard SCTM#1000-100-04-5.4 Dear Mr. Wilcenski: An application to the Health Department has been filed, however, it may take several months for the Health Department review. The rest room will replace the portable toilet. Enclosed are 5 prints of the site plan with the sanitary design and the board's requested changes. As you know, Sherwood House Vineyard operates a seasonal outdoor tasting area and they agreed, in good faith,not to reopen the tasting area this spring on Elijah's Lane,Mattituck, expecting to have the new location on Oregon Road operational. There are minimal improvements proposed for the open air tasting use, the site plan review should be straight forward. The only improvements which will be necessary are the parking and drainage,and the ADA rest room, once it is approved by the Health Department, will be the size of a small shed Since the Health Department application has been filed and the location of the well and sanitary is known, we would ask that the site plan be approved. The delay of the site plan approval has resulted in extreme economic loss to Sherwood House Vineyard. They are a small farming operation and the outdoor tasting supports the farm. Sherwood House can not continue to survive economically without this seasonal use. The season is very short and they have already lost the Spring and Summer. Enclosed are five prints of the site plan A-1 and Septic System plan A-0. ry trul ours, ricia C. Moore cc: Sherwood House Vineyard � N 6; Mary Anne Coe 5045 Elijah's Lane Mattituck,NY 11952 May 28, 2012 Dr. Charles Smithen, President Sherwood House Vineyards 0 2012 2600 Oregon Road M A`( Mattituck,NY 11952 Dear Dr. Smithen, I'd like to bring to your attention the fact that your employee, Bill Ackerman, uses vegetation killer along the ground next to your fence, which also harms and kills the plants on my property. When it was used last year, I was angry,but hoped it was a mistake. Now after the second time on Saturday, May 26, 2012, 1 am infuriated. To choose to maintain your property in this manner is completely out of my range of understanding. With the help of classes given by Cornell Cooperative Extension of Suffolk County, I have been practicing techniques of organic gardening in both my flower and vegetable gardens. The need to maintain the fence area at all is the result of your obliteration of all the trees and shrubbery in the area and your choice of placement. To use this chemical so that it affects my garden in such a detrimental way is not only extremely un-neighborly, it shows an absolute disregard for my property and well-being. It has cost me over$3,000.00 and hundreds of hours to re-landscape my property in order to create a new access to my back yard and to plant vines and plants along the fence for beautification, as you suggested (enclosed is a copy of your June 2010 letter.) It is absolutely heart breaking to have to remove and replace much of my garden, now in its second season of growth. As you know, I strongly object to the three-sided `deer fence,' as it is situated right on my property line and is un-harmoniously unsightly. And no, we never received keys to the locks on the gates. Please stop using vegetation killer where it might affect any vegetation on my property. The damage done to my plants has me outraged, adds injury to insult, and is a perfect example of schadenfreude. Your Neighbor, ---� 1,7 , � Mary Anne Coe Enc. CC: D. Cichanowicz, Creative Environmental Design J. Gergela, Long Island Farm Bureau R. Goerler, Long Island Wine Council T. Kelly, The Suffolk Times M. Spiro, Land Preservation, Southold Town ✓D. Wilcenski, Planning Board, Southold Town Page 1 of 1 My name is Charles Smithen and I am Barbara's husband. I just came back from the south and went over the fence situation with Bill Ackerman,Mr Herrara's boss. We want to accommodate you so that you feel the beauty and peace of your home.We must however build the fence to protect our vines from the deers which are eating our grapes.In fact N.Y.S. is giving us a grant to do this. I suggest the following. The back of your yard will be protected with a lot of trees as we will build the fence back of them.We will build a gate for access to our road which you can use at any time .We can certainly build the gate back to the back trees where you want it so that you will still have access to our road and will not see that fence or gate We will give you keys to the gate so you will have access to the road either day or night and you will not see it.With regard to the south side of our property we will build the fence away from the property line and save almost all the trees so you will not see the fence very much from the side of the house and your front yard. As you know there is an area on the side of the house which is fully open and that is an area of concern.We will build the fence back from our property line. We suggest that you can plant climbing plants along that area such as climbing roses,clematis ,honey suckle and morning glories which are beautiful blue plants which will climb as a bush and cover the fence entirely in a short period of timr.We have a fence around our pool and we cannot see it,just beautiful flowers.Trimbles down the street can easily do this for you or you can do it yourself with many garden centers around and you will soon be surprised at how beautiful this can be and you will soon forget any fence.. Unfortunately we cannot use temporary fencing as the deer jump over it or climb under it and the state will not give us the grant with it. Please be assured that we will try to help you. I am a doctor and the last thing i want is for you to be is upset//. Please mark the gate where you want it. At anytime feel free to talk to Bill or his assistant or call me at 631 2982157 and leave a message. With best regards for a long healthy and happy life in your home, Your Congenial Neighbor, Charles Smithen MAY 2012 �J COUNTY OF SUFFOL STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF ECONOMIC DEVELOPMENT AND PLANNING DIVISION OF PLANNING AND ENVIRONMENT SARAH LANSDALE,AICP JOANNE MINIERI PLANNING DIRECTOR DEPARTMENT COMMISSIONER May 2,2012 Elizabeth A.Neville, Town Clerk Southold Town Hall 53095 Route 25,P.O. Box 1179 Southold,NY 11971 Re:Notice of Meeting—May 10, 2012 Dear Ms.Neville: Pursuant to Section 303-b of Article 25-AA of the New York State Agriculture and Markets Law,the following parcel located within your town is being considered for inclusion in an existing certified agricultural district: 1000-100.00-04.00-005.003 The Suffolk County Agricultural and Farmland Protection Board will convene a meeting on Thursday,May 10,2012 to review the above-listed parcel.This meeting will commence at 6:00 PM and will be conducted in the 1St Floor Conference Room of the Kermit W.Graf Cornell Cooperative Extension Building, which is located at 423 Griffing Avenue,Riverhead,NY. Please contact this division if you have any questions. Sincerely, 9essica L. Kalmbacher Planner JLK:kt Enclosure H.LEE DENNISON BLDG.,4"FLOOR•PO BOX 6100-HAUPPAUGE,NY 11788-0099-T:(631)853-5191 •F:(631)853-4044 R COUNTY OF SUFFOLK '✓ 1 STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES JAMES L.TOMARKEN, MD, MPH, MBA, MSW Commissioner January 19, 2012 Donald J. Wilcenski, Vice Chairman Town of Southold Planning Board PO Box 1179 Southold, NY 11971 Re: Site Plan for Sherwood House Vineyards Located at 2600 Oregon Road, Mattituck SCTM#: 1000-100-4-5.3 & 5.4 Dear. Mr. Wilcenski: The Department is in receipt of your inquiry regarding the water and sanitary requirements for the above referenced proposal. SCDHS Commercial Construction Standards require approval of plans prior to the start of construction of all new buildings,building additions with or without internal plumbing, or changes in use or renovations of existing buildings that may affect sewage flows or density load. The parcel in question is currently developed with a single family residence. The addition of a proposed "tasting room" involves a change in use from residential to "other than single family residential use" and generates an increase in sewage flow. Therefore, the density of the site must be evaluated and if there is sufficient density for the proposed use, the existing sewage disposal on the premises must either be upgraded to accommodate the additional sewage flows generated, or separate water and sanitary facilities must be proposed in accordance with current commercial standards. As indicated, SCDHS does have jurisdiction over the "expanded" use of the premises and an application must be submitted to, and approved by SCDHS, prior to occupancy of the premises with the intended use. Should you have any questions or need to discuss this matter further, please feel free to contact me at (631)852-5700. Sincerely; ..._.._.. Walter J. Hilbert, P.E. Chief SCDHS Office of Wastewater Management 0 DIVISION OF ENVIRONMENTAL QUALITY Public Health Office of Wastewater Management•360 Yaphank Avenue,Suite 2C,Yaphank NY 11980 Prevent.Promote.Protocl. (6311852-5700 Fax(631)852-57.55 Southold Town Wimning Board Work Session: Ja gary 23miO12 Page Two _.........................._......._...........-...........-............_..._..........-.. __._............. __.............._.......__ _.._..--........._..._--.._........................__....................._..._..._...._...............__._........................._....._...._..__...-_...... ..........-.............____................._.........._.__._.. Project.name_.._...._.._......._._._...._Cutchogue Business Center _.____.....�SCTM#.. i 1..000-83-3-4.6_..........._......_.._................._._.............. Location: on the s/w/s/o the intersection of Oregon Road and Cox Lane known as j ........_............._-....-........._..._......_._.__..._.........._ ...__.._ 8595 Cox in Cutchogue . ...._._._.............._..._._.............._........._....... _ _-- ...._..._....__._._.............-_---............_...._.._.__....._...._--............. a I Description: This proposed amendment includes the interior alteration of the existing I 12,000 sq. ft. building and the As Built Construction of three (3) buildings j as follows: 1,184 sq. ft. metal framed hut, 72 sq. ft. framed shed & 104 sq. ft. metal shed with an additional 30 parking spaces for a total of 90 i in he LI one. r arcel t arkin s aces o na6.097ace Status: .............._Final Pendin�lnspection._.........._......__..__........._._.........._._..........................._.......-----................................._............._........--.._--..............._.__........................._........._......... � Action: Review site inspection comments _... ._.. . _.. _.._...._................. _ — .._....._.... ---_ ... _.._._..___---...._..._......._........__..._......-----....................................._........_..-._._................_.._......................__................ Attachments: Staff Report ......................__.........-.........._.-_._.._._...._........._............_.._....__. ...._....................-____-_..._..._...._............_......__..................._._......_....._........_........_...._........_..._..........._.................._...................._......._._...._..................._........................----...................._...._............................._..................... Project name......-_.__......_.. __.._....._...._.._.__..._......_�—.... _..__ __ ........ -SCTM#.-.....t.....1000�100-4�5.:_3............._..........._........._.........._....1 ...... Location: 2600 Oregon..Road, Mattituck...._...__....... --._............._.............._.......... _.__...........-.. _..........._._..-...__........ .._......._._.... ......__..........._........._..._....... -- ---- Description: This site plan is for the proposed construction of two patios, one of brick at 160 s.f. and the other a cedar deck at 490 s.f. for an outdoor wine tasting area that will include a 4,453 s.f. gravel parking lot with a _.........._............ .._. _ ---...._connecting_paved footath...-- --....................._......... _ --._....................._..._.-...---------.......................-_............---............_........._..................... Status:_ (....Pending _.__.__._..............._ .... ...................._............___._........_......... S_._................._..._... --- ---- .... _ _ - _.........._.............._..........................._.._..................._.._........_.........._.........__............ Action: Status Up-date......_.............._..._.............__..._...._......_.........._._.._..__._.............................._..---_-._.._.....................__...............-...._._........_..........----._.........._.......---........_........._.1 _......._.._........_......_._..._...._._._..._...._._.._............__..._....._._._ ..._Attachments...__........._.__............-._Staff Report __._...__..........._..............-................................_.................................................__.........__....._................................... , For Discussion: • Review Comprehensive Plan Timeline • Review Chapter Assignments for the Comprehensive Plan • Review meeting schedule for the Comprehensive Plan Team • Wind Energy code amendment comments to Town Board • Joint Agricultural Advisory Committee/Planning Board meeting to discuss site plan process and potential code amendments 2 Southuld Planning Department Stah Report Site Plan Application Work Session Date January 20, 2012 Prepared By: Brian Cummings I. Application Information Project Title: Sherwood House Vineyards II. Action Review all staff and agency comments and schedule for a determination. III: Analysis Conversation with Craig Knepper (Associate Public Health Engineer) of the SCDHS: HL/MT/BC January 19, 2012 Mr. Knepper made it clear that a SCDHS review is required based on the use of the subject parcel. Their Article 6 code identifies "wine and beer tasting" as a use that is subsequently assigned a required sewage flow. It was unclear when this issue first arose whether SCDHS approval would be required if there was no building being proposed and based on what Mr. Knepper detailed, an application to the SCDHS is required based on the proposed use regardless of the existence of a building. V: Staff Recommendations 1. As is the usual practice of the Planning Board, require SC Health Department approval before approval of the site plan. We could consider doing a conditional approval, but if the Health Dept. requires a permanent bathroom,the site plan would have to be amended. 1 Southold Town Planning Board Work Session - Pa4e Two -January 9. 2012 _.........._..........__............_._.........._._._. ............_._._.............. .._._.. __. ._.. . .. ........_...................................................................................._......._........_......_.._._.................._..................-._._..._._......................-.............................. ................ Project name: Stanton, Phil & Jennifer ! SCTM#: 1000-64-1-29 ,....._.......__.......__... _ ..__.._.........._................:.. --_......................_.._.._.._.._.............__............................................_..............__.........._..............._..........................._.__._.._ ._...................__....................._._._......._................._.._.............._..............__........... Location:_ Maple L......... ............. ................ _ - ..........._.__.._............. .........................._.........._..... Description: i This proposal is for a 3 lot standard subdivision in the R-40 Zoning District .............................................................._....._..._.._..................................._...................._.........._......................._.......... ....................._.........._._........__............_. _. ........... -� --...__......_.................................-.-:.__...._..........._..__........__._.......__...._......._.._.__. Status: 1 Pre-submission ....... ........_.......--...... ........_.__...._......... _,_._..._.__._...._.._....._._.._ - ._..__......._........_..._................_............._._......_.__.._..._-_....-.._........_......................._......._ _ ._...............................................__._............_................................................_. Action: Review request for special exception-to Town Code_ __........._......__.........._.........._.......__................. _..................._..._.__._._.._..._..........__.._..........._.._.. _....__.........._...__.._ Attachments._.........._...._..---...1_Staff Report..............................................................._..........._. ..................---........_.............................................._. _.____. ........._....._.............._......_._.........--...................__...-__,-............................_...--.-----._....._.....,_._..._..............._._..........._._....................................................._...................1.....SCTM#: j_....1.............................5-8-1...1..............._........._............_............... Project name Fischer Daniel & Nanc _._......._....... ......__...._....__.........._..__._......................_.a._--._....................._.......... __.........._..._........__........_. _........... Y ......................._......_........_..............................................._.__........._.............__._............._........._............_...................; Location: ' 38785 NYS Rt. 25, Orient ........._......._..-........_............................_......_.._...._................._._._..............._..........._.........._........._..._......' Description: I This is a proposed 2 lot standard subdivision of a 1.67 acre parcel where 1 Lot 1 = 36,333 sq. ft & Lot 2 = 36,332 sq. ft. in the R-40 Zoning District. ...................__......__........_..._....__.............. ---.................--- _-._._...._...._........_...._.--- - -._.......-------_ ..._ _._......_.............._................ , Status: Gond. Prelimina Approval_ Action: I Review Town En sneer s comments. ..._.........._......._...._..........._........ ............._................... ....�_.................._..._..._.._._.._..__. ........._... - - ._.......__.............................._.._..._.._.................................._........_.. ..............._.....................__........................._........._........ ...................... ; Attachments: LTown En sneer's Comments _............_..........._......._...--- ...._.......--_� . . . _ _..._.............__...._................._..........................................._.......................---......_..............................._..._..__._................................_._..............._...........-_..........._............_.......... ...........__.........__......._.__........... ... . .. . ....................... . _................. ........._........ Prosect name _ I Guada no, Patrick1__SCTM#: L 1000-27-1_.-..............._...._.........._......_..._.........._............_... --- Location: ; north side of Orchard Street, approx. 1,008' west of Platt Road, in Orient I ...................................--.--.._..........._.._......---............._..---............_..........._........._._............, Description: ! This standard subdivision of a 10-acre parcel into two lots where Lot 1 is 11.5 acres and Lot 2 is 8.5 acres inclusive of a 2.5-acre building envelope and 6 acres of subdivision o ens ace .........__................_.................__........__.................-_...........;_......_ —-..........__......._.........._................_...._........_..............._P..._.....__..........P......._..........:_......------..........................................-.................._........_._._..........................._.............._............................. Status: _ _j Conditional Preliminar�r Plat Approval Action: Review for Conditional Final Approval. ............._........................_..__.._..............._.............__........................_.........._..........................: Attachments......_...__........_.........._ Staff Report _._.._.........................................__...__................_._............._........_...._._..........._.................._, ....................__...........-_.......__...........-.._............_.._....._.. .,......__._.._......_..........._P... ---.._..........._._..._....._...._..........................................._..._......._....._.... ............................._...................-.........._.._............----.........._...,_ ...._...... - __....- .._....._ __ ___..-..._. ---_..._--._..........................._.... _.._-.............................--...................................._.................. _.........._, Project name: 1 Sherwood House Vineyards SCTM#: ; 1000-100-4-5.3 _.._.....__J._.........._.........__._.......__.._...........-...........�.._�__.._....._...... Location: 2600 Oregon Road, Mattituck._ ....................................----------_._............................._..__.................._...................-................................... a Description: This site plan is for the proposed construction of two patios, one of brick at 160 s.f. and the other a cedar deck at 490 s.f. for an outdoor wine 1 tasting area that will include a 4,453 s.f. gravel parking lot with a i 1 connecting paved footpath. _...__........_g....p_....._._...----...._ ._......_..._..._._....._.....---..._...._...----.._....................................__._. ...........--.....................-............__.._..........---..................._ �.. _._..............................._........._.._...............................y Status: 1 Pending.._..__............................................................................................_.................................................................._.__._. _.._..............._.........................---._........._...._.........._._........._....................._.; Action: . Status Up-date _._..._._.............__........- ........_._.__...................—�_. ......._._...._ ...._._..... ----.........................._.._...._....._............................_..............................................-----................................__..........._._..__...................__._.........__..........._............-........... _..........__............._...........__..........._--._............._..__._..................._..---.._..............._......---._......................_...................._............................................-..........................................;......_.......__.._.._._........................................_............__....._.............................._.............__........._............_..................... Project named I Conkling Point Estates _ _ L SCTM#:j 1000-53-4-44.1 & 44.3 _ ..... I Location: W_side of Kerwin Boulevard, 575 +/ feet W of August Ln. Greenport ...... Description: I This proposal is to subdivide a 7.725-acre parcel into four lots, where Lot 1 equals 29,869 sq. ft., Lot 2 equals 29,869 sq. ft., Lot 3 equals 29,869 sq. ft., Lot 4 equals 29,869 sq. ft. and the open space parcel equals 4.1 ..................................................._._......_..-............_._............._..._.I__acres, excludin.......the.._area of wetlands. Status: ._. �..Conditional Sketch Approval._........................................................................ ............ ....... ....... ...........—..........._._............_.._.._... - -- ..._........_.............--- __ _ _.....__..........._...........__..._................._.... _.................__..........._........._._..........._........_.............. .._Action_........._._...........__....._..............._. ' Review Final Plat. _............_........................................._.._--......-----._...................................__............----------...............---........._........._._........_................. Attachments: Staff Report__ __._ ...........__..............-....._............_ . ............_..._.................................._............................................................................___.._..........................................................._......__._..........__.........-...................._...........................i MAILING ADDRESS: PLANNING BOARD MEMBERS ��jOF S�VryOSo P.1d,ox 1179 11971 MARTIN H.SIDOR �0 l� Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS S H.RICH III �Q 54375 State Route 25 DONALD J WI CENSKI �IyCoum (cor.MaSou h Southold, Youngs Ave.) Telephone: 631765-1938 Fax:631765-3136 December 29, 2011 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Mr. Walter Hilbert, Chief Office of Wastewater Management Suffolk County Department of Health Services 360 Yaphank Avenue Yaphank, NY 11980 Re: Site Plan for Sherwood House Vineyards Located at 2600 Oregon Road, Mattituck SCTM#:1000-100-4-5.3 & 5.4 Dear Mr. Hilbert: The Southold Town Planning Board is seeking your input on the question of whether a permanent bathroom facility would be required for the site plan referenced above; a copy of the site plan has been enclosed for your convenience. This site plan is for the proposed construction of an outdoor wine tasting area consisting of a patio, deck and a 17-stall parking area. Although the proposed site is small in nature, it would operate just as a traditional 'tasting room" would and could accommodate up to approximately 72 patrons before a Special Event Permit would be necessary. The applicant is proposing a portable sanitary facility that is ADA compliant; does the Suffolk County Health Department have jurisdiction over this and should the applicant be sending it to the Office of Wastewater Management for review? We respectfully request your response at your earliest convenience so that this issue can be resolved in a timely manner. Being that this proposal is the first of its kind; the Planning Board wants to establish direct communication regarding your Department's requirements and expertise should a similar proposal be reviewed in the future. If you have any questions regarding this process, please do not hesitate to contact Project Manager Brian Cummings at 765-1938. Thank you for your cooperation. Very truly yours, J. Donald J. Wilcenski Vice Chairman Encl.: Site Plan MAILING ADDRESS: � PLANNING BOARD MEMBERS Oy F so P.O. Box 1179 MARTIN H.SIDOR ti0lO Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS G �r Town Hall Annex KENNETH L.EDWARDS ,'�+cO • �O� 54375 State Route 25 JAMES H.RICH III ly (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI COUry' 1 Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 28, 2011 Patricia C. Moore Attorney at Law 51020 Main Road Southold, NY 11971 Re: Sherwood House Vineyards SCTM#1000-100-4-5.3 Dear Ms. Moore: I am writing as a follow-up to the Planning Board Work Session held on December 19, 2011 where the above-referenced site plan was discussed and the following revisions were determined. Please wait to revise the plan until after the issue of the Health Department has been resolved. 1. Evergreen plantings along the western side yard to be planted at five (5') feet on center at a minimum of five to six feet (5'-6') in height. . 2. Remove the notation "line of future parking area"from the site plan. 3. Provide the size and type of the proposed "posts" (6 total) to be included in the parking area with post-mounted light fixtures. 4. Add the following conditions to the site plan: a. No Parking on or along Oregon Road. b. Regular use of a tent on site will require an approval by the Planning Board via formal amendment to the site plan. Regular use is defined as being set up for more than 72 hours at any one time or being in use for any amount of time more than four (4) times a year. Sherwood House Vineyards Page Two December 28, 2011 c. A Special Event Permit is required if more than 72 people are expected on-site at any one time. Please, if you have any questions regarding this site plan or its process, do not hesitate to call this office. Very truly yours, Brian A. Cummings Planner 6 WORK SESSION AGENDA 0 SOUTHOLD TOWN PLANNING BOARD Monday, December 19, 2011 2:30 p.m. Executive Board Room, Town Hall Annex 2:30 p.m. Special Meeting Applications: ....... ......... .........--...__.._.-...___.. .__.__• _..._. T-'-'---""'---._.................................._._..----._•-_•__-------.........._......_.........................._....._........_.__.T...._..................................................._._..............._.__..............__._............_.........__........i Project name- INew Cingular Wireless at MGH SCTM#: i 1000-15-9-8.1 ..............._l..._Enterprises........................._..._..-.__....................._...._........................................................ } ........................_.........._._.....__......._._..........—._. ..............................................................................................................._. __................................................................................_.._..........................._. Location: i 40200 SR 25, Orient .....__......_.....__....._._...._....._...._............_._.__._. _....._.._................._............................................__.._........._.............._....................-- ..._... ..._........................._...................._._._..............._..........._............__.........; Description: ! This revised site plan is for the proposed construction of a 70' monopole wireless facility having internally mounted antennas at 67' and 57' for New Cingular Wireless along with related base equipment on a 400 s.f. area. The site includes an existing restaurant and boat marina on 4.7 acres in the M-II ...........Zoning District. ......................._..._.... Status: New Application ..................... ....................._..............._ ............................. ................................................... _........................_................_ ...._................._......._.........._..........................._........._........__....._................................._..............__................................_. ............ ; Action: Discuss comments to ZBA. __........._...........-._......_._.............__............._._. _._................--................_........_.._.._ _..__...._.__...._......._...__.._._..........._......_....- -.._..___--..-------......._........................................._......................_.---.............._._.............._...._..........__......._..................{ Attachments: Staff Report j .................._........._.._..........._........__...._......----..............._ ._.....-................-__-._._.__....................._._. 4 ._.._..__..._.__..._._.............._............_.......ProecnameSparkling e Warehouse ......... .........._............._..........,j Locatio........... .......... ..._.._ _.__....... _— _....__.._.....__.........__.._..._._....__.._..__..._.._ ._.__..._._..........._....._...._...._.._._.._..---.....-----......_.._........._.........._...........__...................: Description: I This site plan application is for a proposed 46' x 120' warehouse, for employee use only, with a 16' x 18' accessory office and bathroom on a 1.002 acre parcel in a Light Industrial Zoning District on Old North Road, Southold. Four parking stalls are ro osed and an as halt driveway. _................_.......__..........__._....._ ........._. .__..._......._...._..._.......... _ ............_....__._....._......................._.....................p . . _............_...v ._.......__........................................................_..........._..........._........... � Status: New Application --.............-:.--......_._.........__.........._._-.........._.....__.........-.-..._... _._._................. ....-........._................_._._... _ __..._........-----.........................................................................__._._......................................._..........__......__......... ........ Action: Review for completeness. { .........._........._._..._...._....._.__........._..._..._......_.._.._..._............. -__._._.........................._.. - -- ..__.............._.._............_.............................................._.... ........................................................................ .__..................._............ .......................... Attachments: Staff Report._.............................................................. .........................._............._....._..........__..................__.....................__.................................... ......_.........__....._..._...........__.........__..._........_._............._... _ .................----._..._...__.._................_.........._..............._........__......__..... _ _ ........................ __ _ f Project name: Sparkling Pointe Addition SCTM#: 1000-59-10-1 _ ............_-_....._..---......_..._...�- - .. . _T..._.....--- ...-.__._.._............._.......___..__ .._._....................._.___........_..........._...._............. Location: 39750 CR 48, Southold i _..._...__._........__..............._....._._..._........_...----..........................._............._._._....................__...__.........................................................._............................................................................................_.._._....._-----..................._..._........._.......__._...._.........._._........---..........__..... Description: This proposed amendment to a site plan is for the addition of a 12'4" x 21'4" office along with the enclosure of an existing 56' x 50'6" area that currently operates as a paved outdoor crushing area and the addition of a 23'6" x 50'6" covered crushing pad, all for employee access only, to the existing tasting room site of Sparkling Pointe Winery on a 12.088 acre parcel in the A-C Zoning ..........................._....................................__.................__. District. i Status: New A lication .... ..........._.._......._.........I..............._..- .........._ Pp................_...._.. -._.... .............._._......_..........._.._....................._....._.........._................_.............................................................-----......................_......_.................._............._..� ..Action: ............._._. _. _...........j.__Revie..for completeness.-..._.....---.._._.._.... ----_._._._...-_...._......._............................................................................_......__............._............_.............._............ . __.. Attachments: l Staff Report ..............................._.__............__._............_._.......... ......_ ............. _......_...._......._.... - ..........._—....... ... ____...__......._... .............................._...._.__............................. .._.._......................_....._ . . ._._............: --................. _ ....................._.._........__.........Projectname: M# .................. ........_..........._....... � Location: 2600 Oregon Road, Mattituck—__on___. _ ...._.................._.................__._....._._.._.....__..___...........---........._........_................... Description: This site plan is for the proposed struction of two bri cck patios, one at 160 s.f.1 and the other at 706 s.f., for an outdoor wine tasting area that will include a ......._............__.............__............._ 3,.888 s.f. gravel parking lot with connecting paved footpaths. __ .Status................._ _._ ...Pending ... .__._._—...__........_......_._..._......_...._..._......_...._...._._._._._. I Action: Review revised site plan. _........... _.._........._—._........__._..... _ ..._..._........._...._.__._._...._ ........... __._...__...._ _ .._........._._.._..._...................._..__._....._.......... Attachments: Staff Report _....._ 1 For Discussion: ❖ Review comments to ZBA re: Selwyn Stand. Sub., SCTM#1000-15-6-28 & 29. ❖ Review Draft Planning Board Monthly Report for November. Southuld Planning Department Stat, Report Site Plan Application Work Session Date December 16, 2011 Prepared By: Brian Cummings I. Application Information Project Title: Sherwood House Vineyards II. Action Review revised site plan (dated 12/6/11) and staff comments. III: Analysis Site plan revisions with regard to November 22, 2011 Planning Board letter: 1. 17 on-site parking spaces have been provided with one (1) land banked and one (1) ADA. a. As requested,the Applicant has provided a delineated "tasting area"to be defined by wood trellis screens and plantings that coincide with the available number of parking stalls i. 35'x 85' (2,975s.f.) tasting area ii. 1 space per 200s.f., 2,975 _200 = 14.9 spaces 2. Approval from the Suffolk County Department of Health Services has not been acquired as requested. 3. The parking stall recognized as "#10" on the site plan has been identified as a land- banked area as requested. 4. Cut sheets have been provided for all proposed on-site lighting. (See handout) 5. The "pump house" located to the SE corner of the property is proposed to be screened by a fence or trellis screen to block access and view from patrons as requested. 6. Ten (10) evergreen plantings proposed to be planted at a maximum of 10' on center have been proposed on the western side yard for screening as requested. V: Staff Recommendations 1. Consider the requirement of on-site bathroom facilities and/or subsequent SCDHS approval. a. After discussions with the SCDHS and the NYS Ag & Markets Food Safety Division it is unclear whether there is an outside agency that requires a bathroom be installed at this type of facility. 2. Remove the notation"line of future parking area" from the site plan. 3. Require the Applicant to provide the size and type of the proposed "posts" (6 total) to be included in the parking area with post-mounted lighting. 4. Add conditions to the plan: a. An established maximum on-site occupancy, where if exceeded would require a Special Event Permit b. "No Parking on (or along) Oregon Road" for patrons of this facility. 1 c. Regular use of a tent on site will require an approval by the Planning Board via formal amendment to the site plan. Regular use is defined as being set up for more than 72 hours at any one time or being in use for any amount of time more than 4 times a year 2 WINE-TASTING PATIO&DECK � SHEVINEYO MJ ARDS C(' 2800 Oregon Road Mattituck,NY 11952 9001-89 ISSUE DATE Specifications Dark Sky Essen Outdoor 1 Light Post Mount 1 - 100WM 12 In. W, 23-3/4 In. H Post not included Related Categories Types of Lighting > Outdoor > Post Lanterns Types of Lighting > Outdoor > Dark Sky Lightincl Collections > Dark Sky Essen Outdoor r Lighting By Finish > Bronzes > Bronze N Y U) r z U r Enlarge T Print Z (q For assistance, please email or call 800-367-4624 (Monday - Friday, 7 AM to 5 PM, CST) Z ©2005-2008 Your'Other'Warehouse,All Rights Reserved.Use of this site is subject to certain Terms and Conditions. Privacy policy. = 0 3ixv cxltirr J V O 0 v 0 a N Iu 0 J PFr PATH LIGHT - POST MOUNTED - DARK-SKY COMPLIANT NOTE: CONTRACTOR TO.000RD,W/TRELLIS SCREEN WALL POSTS AT SEATING AREA. WINE-TASTING PATIO&DECK SHERWOOD HOUSE Cart:0 Wish List:0 VINEYARDS LAM 2600 Oregon Road • Keyword or Item# Mattituck,NY 11952 America's Largest Specialty Lighting Retalled On Sale Open Box/Clearance Shop by Room Stores Catalogs Order Status Contact Us 1.800-782.1967 3 {aaUE DATE Q . HOLT DAY SALE SAVE 10-50%ON 100'S OF STYLES • LAMPS PLUS>Landscape Llahtlna>Transitional>Rustic Bronze Solar LED 13"Landscape Outdoor Spot Light Go Back Rustic Bronze Solar LED 13"Landscape Outdoor Spot Light(K6464) Write a Review - Place this easy-to-Install LED solar spot light In the garden to highlight outdoor features. I $34.99 I.ow Price Guarantael Compare$54.99 Ships In 3 to 5 Days I Check Stara A'vallablll_q QTY:F Need Help?Live Chat I Personal Callback I A high-tech lighting solution for the garden.Installation Is as easy as placing this LED spot light wherever you like.Integrated solar panel on ~ the top powers three white LEDs.Features stainless steel construction with an attractive rustic bronze finish.A perfect way to accent landscape features. • Stainless steel construction. CN 0 • Rustic bronze finish. r z U Zaam Full Screen Email ft—In rShare • Includes three white LEDs. Lrkr . Includes two rechargeable AA batteries. ac • 13"high. € • 7"wide. v • 3 3/4"deep. Other Finishes Read Reviews 0 More You May Like! Z ,r 4 = O CD O � Copper SoLar LEO IY Hioh Pwm*r Saler LED Ia-Hrgti Gun Maul Suter LED 13-High O U Landtcapo SIPU 1-19911 Larrdmape Spot Llghl Umdsenpu Spol Wghi Q W tK+W911-534.99 (K&4031-$34.99 iK{y7051-b3a.99. Solar Powered LED Outdoor Landscape Spotlight V� (23220)-$29.99 O ui J LANSDCAPE LIGHT - SOLAR POWERED NOTE: LIGHTS TO BE AIMED DOWNWARD TO COMPLY W/DARK-SKY REQUIREMENTS. WINE-TASTING PATIO&DECK SHERWOOD HOUSE VINEYARDS 2600 Oregon Road Mattiluck,NY 11952 9004-89 = h ISSUE DATE 5 s t F Specifications Dark Sky Essen Outdoor Wall Light 1 - 100wM 12 In. W, 11-1/2 In. H, 28 In. Ext. Back Plate 6 In. D Shown in Antique Copper Related Categories Types of Lighting > Outdoor > Wall Mounted Lanterns Types of Lighting > Outdoor > Dark Sky Lighting Collections > Dark Sky Essen Outdoor Lighting By Finish > Blacks > Glossy htin B WFin�is Bronzes > Bronze Lighting By ^ peers > An 'clue o Coaxer Z v a" Enlarge Lighting By Finish > Pewters > Antique Print Pewter $ Lighting By Finish > Rusts > Rust Lighting By finish > Whites > Glossy White 0 Lighting By Finish > Reds > Glossy Red Z C/) � Z = O O H � a � U For assistance, please email or call 800-367-4624 (Monday - Friday, 7 AM to 5 PM, CST) ©2005-2008 Your'Other'Warehouse,All Rights Reserved, Use of this site is subject to certain Terms and Conditions. Privacy policy. 0 W CL Yixxrc �y = y @ 0 w J H F SIGN LIGHT - WALL MOUNTED - DARK-SKY COMPLIANT NOTE: CONTRACTOR TO DIRECT LIGHT SOURCE TOWARDS SIGN SURFACE. COORD. W/ I MFR. &SIGN VENDOR WINE-TASTING PATIO&DECK SHERWOOD HOUSE VINEYARDS 2600 Oregon Road Mattituck,NY 11952 9004-89 r P s IMLIE DATE A �` Specifications Dark Sky Essen Outdoor Wall Light 1 - 100wM 12 In. W, 11-1/2 In. H, 28 In. Ext. Back Plate 6 In. D Shown in Antique Copper Related Categories Types of Lighting > Outdoor> Wall Mounted Lanterns Types of Lighting > Outdoor > Dark Sky Lighting Collections > Dark Sky Essen Outdoor Lighting By Finish > Blacks > Glossy htin B Finish > Bronzes> Bronze Lighting By Finis > CDppers> An igue C-4 o 0 Copper Z v Enlarge Lightinp By Finish > Pewters > Antique " Print Pewter s Lighting By Finish > Rusts > Rust Lighting By Finish > Whites > Glossy White Lighting By Finish > Reds > Glossy Red Z Z = O J Q � U For assistance, please email or call 800-367-4624 (Monday - Friday, 7 AM to 5 PM, CST) O ©2005-2008 Your'Other'Warehouse,All Rights Reserved.Use of this site is subject to certain Terris and Conditions.Fdym pollcy. Q W Patin r ui O J F- H I I, SIGN LIGHT - WALL MOUNTED - DARK-SKY COMPLIANT NOTE: CONTRACTOR TO DIRECT LIGHT SOURCE TOWARDS SIGN SURFACE. COORD.W/ MFR. &SIGN VENDOR WINE-TASTING PATIO&DECK SHERWOOD HOUSE VINEYARDS 2600 Oregon Road Mattlluck,NY 11952 9001-89 %WE DATE ' Specifications Dark Sky Essen Outdoor 1 Light Post Mount 1 - 100WM 12 In. W, 23-3/4 In. H Post not included Related Categories Types of r igh_tirr.1> Outdoor> Post Lanterns Types of Lighting > Outdoor> Dark Sky ` Lighting Collections > Dark Sky Essen Outdoor Lighting By Finish > Bronzes > Bronze N r z U r Enlarge Print For assistance, please email or call 800-367-4624 (Monday - Friday, 7 AM to 5 PM, CST) Z Z ©2005-2008 Your'Other'Warehouse,All Rights Reserved.Use of this site is subject to certain Terms and Conditions.Privacyaalicy. ♦'_�^ 0 lit�ir V � U 0 LL 0 5 LU r 7 ?0111 > cn W O F PATH LIGHT - POST MOUNTED ® DARK-SKY COMPLIANT NOTE: CONTRACTOR TO.000RD.W/TRELLIS SCREEN WALL POSTS AT SEATING AREA. I WINE-TASTING PATIO&DECK SHERWOOD HOUSE LAMK PLUS canto wlenLiat:o VINEYARDS 2800 Oregon Road ,vwnrd or item N Mattltuck,NY 11952 ialler! On Sale Open Box I Clearance Shop by Room Stores Catalogs Order Status Contact Us 1-800-782-1967 # MIRE DATE HOLIDAY SALE SAVE 10-50%ON 100-S OF STYLES LAMPS PLUS>LandScaoe Lrohtlno>Transitional>Rustic Bronze Solar LED 13"Landscape Outdoor Spot Light Go Back Rustic Bronze Solar LED 13"Landscape Outdoor Spot Light(K6464) Write a Review 1 Place this easy-to-Install LED solar spot light In the garden to highlight M outdoor features. $34.99 t_aw Price Guaranteel Compare$54.99 Ships In 3 to 5 Days I Check Store Availability QTY:F Need Help?Live Chat I Personal Callback • A high-tech lighting solution for the garden.Installation Is as easy as placing this LED spot light wherever you like.Integrated solar panel on the top powers three white LEDs.Features stalnless steel constructlon r with an attractive rustic bronze finish.A perfect way to accent landscape features. • Stainless steel construction. N • Rustic bronze finish. r z U • In three white LEDs. • Zoom Full Screen Email Print Share • Includes two rechargeable AA batteries. a� • 13"high. • 7"wide. • 3 3/4"deep. - Other Finishes Read Reviews M / 7 /` t More You May Like! �ZZ Z ,. = o L/ I J V O Copper Solar LED 13"Hlgh Pewter Solar LED 13"High Gun Metal Solar LED 13"High O V Landscape Spot Light Landscape Spot Light Landscape Spot Light Q (K6461)-$34.99 (K6463)-$34.99 (K6465)-$34.99 LU Soler Powered LED Outdoor Landscape Spotlight (23220)-$29.99 O 2011 LANSDCAPE LIGHT e SOLAR POWERED NOTE: LIGHTS TO BE AIMED DOWNWARD TO COMPLY W/DARK-SKY REQUIREMENTS. 41"�F L 0511312011 12 41 y I: f 7" •5, . n����:y:p�w�+,�a; ply M'�Ka«•�41'rM A� i�lgrlyl qtr' M +, ,� ; hy�i�._N. ��4�� �;�, , ICA Npowpl ;v.. # �_ �— ' - 3�r�_WET • +.x-� r � mod WOW awl OL Its IM is she � 5 / 13I2O11 1247 /// � •�+•Irs f � •fie yy F. •e•*1► ." ♦ � # 1 i fA - 1. +• - �' .. �j� -`� -, y Sled � 4 � x.11 Y dip IL 47 s ql le Av~ ` >� , , �':i F� •.1�� .-� � A `1 �. 4.v [ -y`LYIf��*�.t .,ey M� ww:' _ .n ■ t. AU lei 6 • - S�`` rr-rT i.�•k r". _ to ,Y a. - '^mss: IryfV�• :�- � . .-,�,t<,,, i • .r, D �`-• 4 r { ' rt.`„ . w' may: do 1 , r Ik 1 1 1 1 II I 1 ' 1 II ' 11 1 . r. y�►r / a 4 yr ,ry f •.,,,�,y,rt*r..�+yrlr�•,��«'�f efrr++�:�.v�r 1� ����} ,.4�: PL — r_ C 11' 1 ' 1 ' 1 111 I 1 I 1 I I Al Iti li�-. ••kik Aft loop AOL ' "'�' Yom- i r'' �- •1 _ yy .. ' - •c�l�. -X` y •. �II,FVQyip -' �'� �l � «1 �.r��i/ �'l�r d b ---- � � �� f � � -tom .Q�-+.'-yam +►iL4� "�T � a �L � ' -•'S. _ � _ ^!�, x'• � it r ,g_kc ;� ' s , .�.. ow All s` - — r VOW . �:''_ _ ��,� ' � �F-• l-,rx_ _ .ter � ��i� r ter ` 4- 3°l i3 VISIT OUR W6B SITE C BEST TASTING ROOM NhrrHl111[�hC1N%CVI11L^��l,Cmc 1 Y � Advertising for Tasting Room on Elijah's Lane.Also sandwich board on Route 48(not shown). Elijah's Lane after fence is up Summer 2010. Loss of shoulder limits farm vehicle traffic. �i a r -- I'01 i 9 + r' I' L L. a The final solution.Deer inside fence.Summer 2010. Effective protection? r ��l y r lr�V411, K14 �rw ■ l-1211*_ 4i" d M 1 ilk 11 I wr 151 ter& ,dry ae: - .�� -_ ,� 4v.;. "tet. _- . �_ — - �--.r�`k�°.��--� ._ �="�i•��`• ._,yam` �I i•-~ Schadenfreude(don't call the police: it's in the dictionary.) t t 1 iy�t `L 1 777 Y Io if r AL -1 \ `r r L Town of Southold t , fir ^ti r. i ~ �"A M,�s ♦ �+ Y. Sherwood -louse Vineyards F •Align typing with this line for double line spacing QUILL.COM - . . . . •Set tab slot/at arrows . MEMO LETTER PATRICIA C. MOORE, ATTORNEY AT LAW 51020 Main Road Southold,NY 11971 (631)765-4330 email:pcmoorel @optonline.net DATE TO SUBJECT � DEC - 72011 S l /2 APa74 le' Z <S Soja/ L r= D ac2e-di' 41- A/ ! SIG " Please reply No reply necessary I e Align typing with this line for double line spacing QUILL.COM eSet tabs ro�atarrows . . . - - . MEMO LETTER PATRICIA C. MOORE, ATTORNEY AT LAW 51020 Main Road Southold,NY 11971 (631)765-4330 email:pcmoorel Coptonline.net DATE r Gi/Yl h/�Yl_ SUBJECT-,� O� pov-ge V DEG c 9411 i l , t r SIG D " Please reply �No reply necessary 17112912011 14:10 MOORE LAW CES JUM1765M P.0011002 1 l PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11 971 Tel: (631)7664330 Fax: (631)765-4843 FACSIMILE COVER SHEET Thomas comprising this facsimile transmission contain oont3dentlal informahbn from Patricia C.Moons. This inbrmation is intended solely for use by the Individual entity named as the recipient hereof. If you arenot the intended recipient, be aware that any disclosure, copying, distribution, or use of the convents of this transmission is prohibited If you have received this transmission in error, please notify us by telephone im i tely so we may ge to rvtdove this transmission at no cost to you. T0: i Zza'16,.7n FAX NO: DATE: TOTAL NUMBER OF PAGES INCLUDING COVER SHEET C;L— IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. CLIENT NAME: OPERATOR: comments: G , �c� 1 t�1112912011 14:11 MOORE LAW PRICES �A�g6317654M3 P.0021002 Patricia C. Moore Q Attorney at Law 51020 Main Road Southold,New York 11971 631-765-4663 tel 631-765-4643 fax November 29,2011 Southold Town Planning Board Donald J.Wilcenski,Vice Chairman 53095 Main Road Southold,NY 11971 (By Pax) Re: Sherwood House Vineyard(Smithen) SCTM#1000100-4-5.3 &5.4 Dear Mr.Wilcenski: We are-in receipt of your letter dated November 22,2011. My client has forwarded your comments to the Architect to revise the site plan. We asked the architect to revise the site pian right away in order to submit it by December 7th. As to Parking;We will remove from the site plan the reference to the overflow parking on the neighbor's farm. The overflow parking is within a New York State Agricultural District. We do not see a prohibition in the Town Code that prevents the use of adjacent farm land to satisfy overflow parking requirements for agricultural uses,if such a prohibition exists,the code violates Agriculture and Markets Law as an unreasonable restriction to an agricultural use within an Agricultural District. As you know,it is customary for agricultural uses to locate overflow parking(as needed)on surrounding owned or leased farm land.By example,it is my understanding that Harbes' farm stand and winery have the overflow paring on an adjacent parcel which they control. I have consulted with Suffolk County Health Department and wastewater is required only if we construct a bathroom. We have had and will continue to have portable bathrooms which contain hand washing facilities. As to the agricultural fueling station:the small fuel tank is located more than 80 feet from the wine tasting area,on the development rights land,well beyond the area where the patrons have access. We will fence off the area. We will show an evergreen Buffer. Thank you for your anticipated cooperation. V y , atricia C. Moore cc: Sherwood House Vineyard Chris Smith,AIA DF SUUr MAILING ADDRESS: PLANNING BOARD MEMBERS O�� y�lP.O. Box 1179 MARTIN H.SIDOR '` O Southold, NY 11971 Chair 411 41 OFFICE LOCATION: Nc WILLIAM J.CREMERS G • Town Hall Annex KENNETH L.EDWARDS `0 54375 State Route 25 JAMES H.RICH IIIl��,oURy�� (cor.Main Rd. &Youngs Ave.) DONALD J.WILCENSKI I1��1�, Southold,NY Telephone: 631765-1938 Fax:631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 22, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re:, ; SFte.Plan for Sherwood House Vineyards SCTM#1000-100-4-5.3 & 5.4 Dear Ms..Moore:-, Regarding the application referenced above, the Planning Board has confirmed that your client has complied with two of the major outstanding issues that originally led to the Planning Board's denial on September 13, 2011; the first being that your client has obtained a Certificate of Occupancy for the pool, and second that the retail wine sales from the preserved area of thol property,'hasbeen discontinued. If you recall, the letter accompanying the denial resolution identified several other outstanding issues. The Planning Board is willing to work with the applicant to finish this site plan and feels that the remaining outstanding issues are resolvable. These issues are as follows: 1. Parking a. The Planning Board would consider a plan that delineates the outdoor seating area size based on the number of parking spaces that can be accommodated on site. In other words, the most current version of the site plan in our file shows 18 parking spaces. If you multiply 18 times the 200 ft.2 per car required for retail, that equals 3,600 ft.2. We are proposing the applicant delineate an area in which any seating will be contained. If the applicant can show more area for parking, the delineated seating area can be larger using the same calculation. The additional parking areas can be simple open grassy areas with dimensions provided. The Town Code requires 350 ft.2 per parking space, so if there is another area on the plan that is, for example, 30 ft. long and 50 ft. wide, that equals 1,500 ft.2, so at 350 ft.2 per car that area will accommodate four cars. 0 Sherwood House Vineyard Page Two November 22, 2011 b. The applicant is asked to consider proposing ways to delineate the seating area for Planning Board approval. c. Buses and limos should not be allowed to park on the street. They should find a legal place to park that is off the Town right-of-way. This road is too narrow and parking buses and limos here is a safety hazard. d. No parking for the site will be allowed on the street or on the field across the street— parking lots for a use on another property are not a permitted use in this zoning district. 2. Approval from the Suffolk County Department of Health Services which requires permanent sanitary and hand washing facilities where beverages are served. Please consult with their agency to determine what is necessary at the site. 1 25' Front Yard —currently there is a parking space shown in the 25' buffer. This proposed parking space may be left as lawn area and identified as "land banked". The other spaces adjacent can also be left as lawn area, but must be identified as part of the required parking. 4. Provide manufacturers "cut sheets" of any hard-wired lights to be installed on-site (not including solar-powered lighting). 5. Fence off the "pump house" shown on the plan so that patrons are kept away from this area. 6. The Planning Board would like to see evergreens planted along the property line next to the proposed parking lot to provide a buffer to the next-door residence. We are prepared to place this on the agenda for the Work Session on December 12th provided you submit revised plans on or before December 7, 2011. Please call with any questions. Very truly yours, Donald J. Wilcenski Vice-Chairman Page 1 of 2 • Kalin, Carol From: Lanza, Heather Sent: Monday, November 21, 20114:26 PM To: Cummings, Brian A. Cc: Kalin, Carol Subject: RE: Sherwood draft letter Brian, Carol—if Brian is not in today please take care of this. Thanks. This letter needs to go out this week. Please print this email for the file. Bill has commented and is happy with it. Jim is OK with the letter. Don has OK'd it. Marty is recusing himself. Heather ......... _ . From: Lanza, Heather Sent: Monday, November 21, 2011 10:03 AM To: Bill Cremers (billcre@optonline.net); Don Wilcenski (don@briarcliffsod.com); James Rich (JamesRich30optonlinenet); Kenneth Edwards(E-mail); Martin Sidor(E-mail) Cc: 'Cummings, Brian';Terry, Mark Subject: 'FW: Sherwood draft letter Below is the draft letter we are suggesting ought to be sent to Sherwood applicant. It has been reviewed by Town Attorney: please let me know if you have any comments or edits. *************** Sherwood draft letter Dear Ms. Moore: Regarding the application referenced above,the Planning Board has confirmed that your client has complied with two of the major outstanding issues that originally led to the Planning Board's denial on September 13,2011;the first being that you client has obtained a certificate of occupancy for the pool,and second that the retail wine sales from the preserved area of the property has been discontinued. If you recall,the letter accompanying the denial resolution identified several other outstanding issues. The Planning Board is willing to work with the applicant to finish this site plan and feels that the remaining outstanding issues are resolvable. These issues are as follows: 1. Parking a. The Planning Board would consider a plan that delineates the outdoor seating area size based on the number of parking spaces that can be accommodated on site. In other words,the most current version of the site plan in our file shows 18 parking spaces. If you multiply 18 times the 200 ft.2 per car required for retail,that equals 3600 ft.2. We are proposing the applicant delineate an area in which any seating will be contained. If the applicant can show more area for parking,the delineated seating area can be larger using the same calculation. The additional parking areas can be simple open grassy areas with dimensions provided. The Town Code requires 350 ft.2 per parking space, so if there is another area on the plan that is, for example, 30 feet long and 50 feet wide,that equals 1500 ft.2,so at 350 ft.2 per car that area will accommodate four cars. b. The applicant is asked to consider proposing ways to delineate the seating area, for Planning Board 11/22/2011 • Page 2 of 2 0 approval. c. Buses and limos should not be allowed to park on the street. They should find a legal place to park that is off the Town right of way. This road is too narrow and parking buses and limos here is a safety hazard. d. No parking for the site will be allowed on the street,or on the field across the street—parking lots for a use on another property are not a permitted use in this zoning district. 2. Approval from the Suffolk County Department of Health Services,which requires permanent sanitary and handwashing facilities where beverages are served. Please consult with their agency determine what is necessary at the site. 3. 25' Front Yard—currently there is a parking space shown in the 25' buffer. This proposed parking space may be left as lawn area,and identified as"landbanked". The other spaces adjacent can also be left as lawn area, but must be identified as part of the required parking. 4. Provide manufacturers "cut sheets" of any hard-wired lights to be installed on-site(not including solar- powered lighting). 5. Fence off the"pump house"shown on the plan so that patrons are kept away from this area. 6. The Planning Board would like to see evergreens planted along the property line next to the proposed parking lot to provide a buffer to the next-door residence. We are prepared to place this on the agenda for work session on December 12 provided you submit revised plans on or before December 7,2011. Please call with any questions. Sincerely, Donald Wilcenski Vice Chairman Planning Board 11/22/2011 Lanza, Heather To: Planning Board1; Cummings, Brian Cc: Terry, Mark Subject: FW: outdoor wine tasting patio As Bill Cremers suspected,the SC DHS has let me know that Sherwood needs to put in"permanent sanitary and handwashing facilities". From: Hilbert, Walter jmailto:Walter.Hilbert@suffolkcountyny.govl Sent: Friday, November 18, 20112:06 PM To: Lanza, Heather Subject: RE: outdoor wine tasting patio F'RIVILLGEI)ANI)CONFIDENTIAL- COMMUNICATION -NOT SL BJF,CT'FC) FOII, vISCI:.PSUREI-NO'I`I,'OR.I)IS'I'RIBtJ'I']O.N No, it does not. C,0NFI1)F.NTIALITY NOT'IC'E: This electronic Imail transmission is intended only for the use of the individual or entity, to which it is addressed and ni ay contain confidential information belonging to the sender which is protected by the attorne� client privilege. If you zire neat the intended recipient,you are hereby notified that any disclosure, copying, distribution, or the taking of any action in reliance On the Contents oft Ili's iIIforrilation is strict IV prohibited. If Vol hat,c Ieceaxcd this transmission ission in error. )leasenotilthesederiieditetltie- aladelete original inessage. 1. 1. .-e._. ............. ._.... ....... ..._. ,...... ...... ...._.... -..... ....... From: Lanza, Heather [mailto:heather.lanza@town.southold.ny.usl Sent: Friday, November 18, 2011 1:06 PM To: Hilbert, Walter Subject: RE: outdoor wine tasting patio No food—just wine tasting. Does that make a difference? From: Hilbert, Walter rmailto:Walter.Hilbert(dsuffolkcountyny.gov] Sent: Friday, November 18, 2011 12:16 PM To: Lanza, Heather Subject: RE: outdoor wine tasting patio I'R.IVII,I:GF.D��ND C�C)NI1'1Dh;N'I`I:AL-IN'I'L�;IZC)h'FIC:"li;/IN'I`R�l-1.C,F;NCY CC);VI1ItTNi(':1`I'If:)N- NOT SL�13JhC".I' TO FO11,1ASCL,OSIIRh.- :N0 1'FOR DI:ST'1:1Bt,'I'ION They still need to make an application. If they are serving food and beverages, they need permanent sanitary and handwashing facilities. Thanks. Walter C'ON.I'Il)F"NTIAL YIN NO'I 1(,P;:":['llis electronic.snail trailsnlission is intended only for the use of the individual or, entity to which it is addressed and may contain confidential information belonging to the sender which is protected by the attornery-client Privilege. If you ares snot the intended recipient,you aa•c hereby notified that arn' disclosure,copying,distribution,or the taking of any action in reliance on the contcmts of this inform�ltion is 1 strictly prohibited,If you 1101 received this;transmission in error,ple�a�tih the sender immediately by e-mail �rrd dcic tc t.lrc ori inal 11c,s8�%e, From: Lanza, Heather[mailto:heather.lanza@town.southold.ny.usl Sent: Friday, November 18, 2011 12:03 PM To: Hilbert, Walter Subject: RE: outdoor wine tasting patio No,the patio is not at a winery. It is just by itself next to the vineyard. From: Hilbert, Walter jmaiito:Walter.Hilbertsuffolkcountyny.govl Sent: Friday, November 18, 201112:01 PM To: Lanza, Heather Subject: RE: outdoor wine tasting patio I'RIt'ILE'G D AND CONFIDENTIAL- COMMUNICATION ION- NOT SIrR T "C"1`(.)FOIL. DI.SCi.O�;t1Rh,-N(7C FO C)IS'C121I3U'IJON Heather, I am assuming that this patio will be located at a winery. Therefore, they need to make an application to us to add this use. Please be advised.we do not allow porta-potties and we'll require that permanent sanitary facilites are installed. Thanks. Walter CON F11) ;N7'lAIX1YNO I'ICI,: "Chis electronic mail transmission is intended only for the use ofthe individual or entity to Nvhich it is addressed and may contain confidential ill forulation belonging to the sender which is; protected by the attorney-client privilege. If you vire not the intended recipient,you are IrCreby notified that any disclosure,copying,distribution,or the taking;of any action in reliance oil the contents of this information is strictly prohibited. If you have received this transmission in error,please notify the sender immediately by e-mail and delete:the original rne.ssage. From: Lanza, Heather [mailto:heather.lanzaCabtown.southold.ny.usl Sent: Friday, November 18, 20119:58 AM To: Hilbert, Walter Subject: outdoor wine tasting patio Walter, The Southold Planning Board is looking at a site plan for outdoor wine tasting patio. They are proposing a portable sanitary facility that is ADA compliant. Does the Health Department have any jurisdiction over this and should they be sending it to the office of wastewater management for review?There is no plumbing proposed. It is literally just a patio with some tables and chairs. Heather Lanza,AICP Town Planning Director 53095 Route 25 P.O. Box 1179 Southold,New York 11971 Phone: (631)765-1938 E-mail: heather.lanza(atown.southold.ny.us 2 �' �'� Town lRouthold Annex 9/22/2011 ;a 54375 Main Road S' Southold New York 11971 f CERTIFICATE OF OCCUPANCY No: 35231 Date: 9/22/2011 THIS CERTIFIES that the building IN GROUND POOL Location of Property: 2600 OREGON RD MATTITUCK, SCTM#: 473889 Sec/Block/Lot: 100.4-5.3 Subdivision: Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this officed dated 9/22/2010 pursuant to which Building Permit No. 35880 dated 9/22/2010 was issued,and conforms to all of the requirements of the applicable provisions of the law. The occupancy for which this certificate is issued is: accessory in ground swimming pool with fence to code as implied for. The certificate is issued to Smithen,Charles&Smithen, Barbara (OWNER) of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL ELECTRICAL CERTIFICATE NO. 4496 8/19/04 PLUMBERS CERTIFICATION DATED 4'Authlor ed igna ure 7YF'IGAL iNELL SPECIFICATIONS not t0 5 GQ(e 1-Minimum screen length shall be 3 feet 2-Pitless adaptors shall be used on all wells 3- Watertight sanitary well seals or caps must be used at the tops of casings X or phless units,which must be at least 18 inches above grade FINISHED GRADE 4-Pumps must be equipped with a pressure switch that is set to operate at a minimum pressure of 20 psi with a differential of 20 psi 82 GAL5-Casings must be made of standard weight stainless,or galvanized steel S TANK and meeting NSF or ASTM standards s 6-Well screen to be stainless steel 7-Lateral line from well to building to be.75 inches in diameter and installed z at least 54 inches below final grade. 0 8-Water lines to be type"k"copper or high density plastic GROUND MATER SUBMERSIBLE (plastic pipe to be clearly marked as ASTM rated at least 160 psi and Z o 5 PUMPANS approved for potable water supplies)NSF 60 Approved PER MINUTE 9-The top of the well screen must be minimum 40 feet below the water table PROVIDE ACTIVATED CARBON FILTER CAPABLE 10-Disinfection shall be done according to AAWA Standard C651. OF HANDLING 5 GALLONS PER MINUTE TO FILTER AW WA Standard B300 is required for hypoclorite ALDICARB AW WA Standard 8310 Is required for liquid clorine PROVIDE REVERSE OSMOSES FILTER FOR THE 11.Following disinfection and flushing the Health Department will require LAVRORY SINK DOMESTIC WATER TO FILTER NITRATES 2 bacteria samples collected 24 hours apart �pF NEW 3c,rF�YO N C P� ESSIONP� NOTE: WELLS MORE THAN 150' FROM PROPERTY LINE NORTH SIDE OF OREGON ROAD. LOCATION PLAN NEW ASPHALT APRON ± 330 SF TOTAL a WINE-TASTING PATIO & DECK OREGON ROAD 4 Ir1 XIST.TELEPHONE POLE PROPOSED BUFFER OF EVERGREEN -MAX. SPACING 5' 41 .0„, I; 1 ' SHERWOOD HOUSE O.C. MIN. HEIGHT F TO 6'HIGH. EXIST. DENSE NATURAL BUFFER OF MATURE SHADE TREES , x � , VINEYARDS s N 59 44' 00” E353'-l' 2600 Oregon Road I , ss CEDAR TREES &WILD ROSE BUSHES. - -' - o n4 MattltUCk, NY 11952 lo 130'-0" in 1 r "1)8 X 8'CONC. DRYWELL DRAINAGE i �'A_'?xaCn STRUCTURE W/TRAFFIC BEARING RINGS W/ a 's g'$`8 N TL. GRATE COVER 45 EXIST. BEECH ISSU g m' x WDATE ELL-IocaUonper owner TREE L �' 1 >oQ I rT r , r � ssaw � Y .�, 3d �'v ^�' r rl s' w"3 UPDATE 05.1812 or NEW DRIVE&PARKING 4,453 SF I 22'-21' e '°;" TE�N4M `" + �1xN s �qn `' =pi -�' UPDATE 08.08.12 XIST. CESSPOOL "+e " �+� �i °,A9ti u��r`� '� , " a, r' 6" RCA SUBGRADE W/1.5"TOPCOAT OF 3/4" l� + 1n, r T d iti ' I H L� — ---- INE SPARKINGAREA -73aBsl.PROIVOESIGN"PARKING", � ' 3 [ ti katx;,; r �+ ?, �' F" ,' XIST. DRIVE& rt CRUSHED STONE. Cn .: .�•, 3 - , c>< vw UPDATE 01.17.13 AT CENT OF HEDGEROW INDICATING USE. . X f > ' �' `• *'� '� P.�}+ r. •9}-,r`tl'kA ` rr l4 'o' I Lu WALK 1,428 SFEXIST L1 - - l . 1✓n �xerL?yar a ° �; C y'p } Q >GRATE FOOTPATH XIST. PORCH- uXIST.HE Ro 36SF160 SFILL INS W/RS. � , FIX .TYPE L-02-DARK-SKCOMP130'-0° LIANT L.ED. 32'.0 + X13'- # - - .�•,;� � .:., •.,�?�'A.I b�',,, c,rl. ❑ POST LIGHTS UNDER TREE CANOPY-±3 EACH 162'-O"' / =oD ------1 SIDE OF PARKING. SEE ELEVATION 4/DWG. SITE DATA w eo I 0 A-1a ESSPOOL-location per o nerADA SPACE&WALK- IMPERVIOUS / ' C-O- -----; £ ,fig R�S`0. SCTM#1000-100-04-5.3 u Z W E KLr�; ��'' Total Site-2 acres = 87,119.SF A44R a ±285 SF a0 -------y Total building area Existing single-famil house P -/; - - •--•--••- •- 187- 1/2" EXIST.!7H 188 SF5e 13 >r t FIXT.TYPE L-03-DARK-SKY COMPLIANT I / - _ - - - - Proposed AA com pliant toile r O, d c N 'n c 2 m i $ �o LU lal;. .G'do rn ... rA G L.ED. PATH LIGHTS. > 4a c o o i 7 ��i� XIST. WD. I K O ALLOWABLE SANITARY FLOW (DENSITY) r oa E ca i I 140 SF ; Groundwater Management Zone IV w a y= o 6'-0" FENCE AROUND DUMPSTER / '-- PAVED WALKS t ¢ w pool N n E ON 6" CONC. PAD 6'-0"X 10'-0" 7 zs To AL 0Allowable flow for site = 600 GPD/Acre 0 i r m 0 Q°q w j l WELL M 2 acres x 600 = 1200 GPD PROPOS DPATIO-BRI i fq Sewage System Design Calculations PROPOSED ADA COMPLIANT RESTROOM. SEE 25' O"' PAVER 1 SF SLOP o 'Recreational Use d DIETS. 2&3-DWG.A-1 PARKING IELD.� � � 15 GPD /Parking Space =270 GPD flow allowed s e I Single Family home= 300 GPD Y. HEDGE TO SCREEN BATH N 32-3 EXIST.TRE XIST. Total = 570 GPD Proposed LJJ I RELOCATED \Q CHERRYTREE MAX. TENT SIZ OK an 1200 GPD i SHED / as-th. I O � i Sewage.D�sposal Design � U §� 15 -------- EL -•__._______-_ .�..�• an �' o PROPOSED DE 6" I o' p, L 3� Septic Talk � N�3 ' r" '^ CEDAR 490 SF LOPE __ ,� IST.PAVED WALK 140 10 0 10'-0 TO S.E. `- SF Provide (1) 8 foot diameter x 4 foot liquid depth= 1200 gallons 0 = N I , _ r I SEATING FINED BY EXIST, CV M I ' �' WORNAMENTALECREEPNGVINESORROSEBUSHESROVEDIRONFENCE I' i1 Provide (1) 38 foot SF ¢ Q Z 0 Leaching Pools 4 DOSE SEATING&PICNIC TABLES ON LAWN- 2,975 SIF r� [A O Z I , , ( ) rAN ' r I -------------- I Ir f�� _ _ I 1 ---- : 0w' :_______ __ VINEYARD ROWS V WATER L FROM WELL TO UTILITY DOR N FIXT. TYPE L-03 - DARK-SKY COMPLIANT SOLAR--POWERED Z iT N NEWS HROOM. 50 BELOW an - 'P o L.ED. LIGHTS. - 8 TOTAL IN SEATING AREA. - Q ED I G TRIGGER TAP-SEE DET IL C'4 , NOTE: ALL CONTAMINANT SOURCES WITHIN 200 FEET OF WELL ARE SHOWN ON PLAN. CV 3•-0• Job naa UBLIC WELL j SERVING scaleAs Noted THERE AIRF NO HOSE BIBS, POOLS OR IRRIGATION SYSTEMS CONNECTED TO THIS WATER SOURCE. REVERSE OSMOSIS FILTERFOR Drawn by LAVATORY ONLY. LATERAL FROM EL LE j NITRATE Checkby: DK/NY - -- -- -- - PROPERTY LINE: S 590 44' 00" W 353' 1'D -' ---'1'- - ACTIVATED CARBON FILT R FOR TEMIK Z 1 PROPOSED SITE PLAN o 50 100 FT O 82 GAL. PRESSURE TANK00 q S-1 Scale: 1 — 20 ft 4 J Y I I CC PROVIDE FENCE OR TRELLIS SCREEN \ ' 2'-s^min L ^^ V G WALL TO BLOCK ACCESS &VIEW TO eXIST. OUSE PUMP : SMOOTH NOSE SAMPLE TAP S 1 \Y. W LU PUMP HOUSE BY VISITORS. m / GRAB BARS. W W ID `P PRESSURE TANK LAST IRON Fft M e, TEST HOLE DATA SHEET \\ POURED CONC. FLOOR-V RIFY FINISH. 2 r AND Coven TO dRADG CAST IRON FRAMGS ( \ V ANv eavne ro dRADe 1' ----- '�- TYPICAL LEACHING POOL TYPICAL SINGLE UNIT SEPTIC TANK Q _ (n 125' VALVE FF EL 5 McDONALD NOTE: LIGHT&EXHA. FAN 0 BE W W mnw vvry AwrnLxw° riwem 55' PRESSURE / 1'4" 3'-0' \ r rur R°Nc°vNrroausa alv.°e EL— pitch sX rar 20 raM GEOSCIENCE LATERAL'SoSWITCHED W/OCCUPANCY SENSOR. Box7 \ Q rwmuoaawa ':�„ warnwr ulMaa NAwrwr 0WuNOlq New YarN 11917'Ifi311]fi53W] FROM WELL SWITCH TO SERVICE .i -- (MII„!Y 8inchfraHkslab E? New FNE4yY O O a BincAfrallkalab " O a'.Il. 1SCH U, 0— ILLI ^oor I l" TEST HOLE DATA SHEET CHECK VALVE ��QQ v'NAx. =•MAX DIMNav cein0ln MINIMUM PITCN R• ve'•!R r'OOT 181�� Ff MIN.4'DIA, ryp[ L MINIMUM RIT IN 'e00 O Imom Inv.49.9' MIN Y' DIA. rl r9 dua 2100 pipe class 2400 pipe Inv.49.8 Nang: Moore Sherwood House Nnryma TRIGGER TAP DETAIL 3 /�/ Inv. O. '4•.1. 9oa s� 4-0. r -, LL Z MINIMU"r Survo w: S1 �2 = -."h�y `'�., < 111 '"Y•Tn,A 1201D pi 51Dt Z - �V � J �rrrvc W , '% wAI.L 3- , .tea,,; 2 ADA BATHROOM PLANS ` p o. x5` ,o ° D' S �4?.' I— \kiy °N,�, I B'dilanefer4 fwf liquid g ~ TU Map NumGr: 1000-100-0-53 S-1 �2 FEcS\0. E5. - ®® ® ® ® N ASA ' Scale:ll4"=1'0' ARCH. GRA E SHINGLE ROOF.FoNP F �1 3 FOOT MIN.SEPARATIONi' ®® ® ® ® ,R" FRO HIGH GROUNDWATER ®® ® ® ® T SEPTIC SYSTEM DETAIL > PFDJaN Description: Sitaplen 7 Ill CM d vrnvrrA,romamAT m s ,'0a°° NOT TO SCALE Dar.: a�lvtz 12"X 36"AWNING WINDOW:PROVIDE ED An �;.Rox mrr„rom.,m I MATCHING SIZE VENT OPENING ON �;�NrmC,,,�F ® ®'® , O :I , SOUTH-EAST SIDE. w s TYPICAL CLEAN OUT l� -- 15, Dark brown loam OL y O �• ®vuaT u• "'""" ,� 4" ---- 3' Brown slit ML \ ADA COMPLIANT ENTRY SI N. f"/�oF 2p0 ' p a �' ^ ,� ,w —ADA COMPLIANT LOCKSET. • 1'WII W �+ NM. 1 °M 1 •,� , yBOARD&BATTEN SIDING CEDAR-NATIL y /i✓ , '� N 6°°'°"� Pale brown fine to coarse sand SN FIN. 14. ca LEAC SECTIONS 4- 1 w'� ADA COMPLIANT THRESH LD. SEAL /�7 COLLAR nramMx 4 /\/\ r ,rrr 'n K S- 1 �i �afleA VaOW maATA 1 oreAx°Arm aanvw J_ 4 ADA BATHROOM ELEVATION mmauraawwmasnnrmwA'm '•�' c�eARourestwcnreDwTanencARensaw=u.aerwvroeowrrn 17' 3 ADA BATHROOM ELEVATION eAesFw.MA'rnm.V.meeecenN SAND•vmcRAvm. r� TaATnceeAawonRANmArro cov®r. S-1 Scale:114"=1'-0" 8-1 Scale:114"=1'-0' IrxAX DomnaMa: no water encountered January 17,2013 Sherwood House-SITE-07dk.vwx 41'-01" WINE-TASTING TYPICAL LEACHING POOL LOCATION PLAN SITE DATA PATIO & DECK 04 xenvr nun nrmwamm +r �"� ` Z M CMT LLONCOVER TOOMO6 F N SHERWOOD HOUSE ek m0axe0otuos .✓ xkv ,„.- s, 11�p ,, w', ; _.._. IV la l! a . VINEYARDS a - 2600 Oregon Road z, eM&X cmy ' t - a"`�� a "a P POSE o Mattituck, NY 11952 ” r ,� v SCTM # 1000-100-04-6.3 SIGN Cn Ta- Lo y Total Site Area = 2 Acres = 87,119 SF LOCATION04 Tt w a / Total building Area; existing single family home EXIST. BEECH— [x § a 8 d� „ , nw�• A 4�$ t ISSUE DATE 01 sr"0 j1. ,t � �.. � � + terra �. . Proposed - ADA compliant Toilet r m ------- -- � m � E o TREE {" .s, 'fir , .3a nr t - •-,'y� C u•onwm Outlet . 1 , ': `' `� in UPDATE 05.18.12 1` 7.x ALLOWABLE SANITARY FLOW (DENSITY) ; �' ------------�a ® ® m ` + ° Groundwater Management Zone IV® ® ® _ ; 1 + TEST LE UPDATE 06.08.12 jsew" an { { ' t4 +Nw r / � ` / ., Aacree x 300W 600sGPD al0lavued /Acre ., ------ ------O q for CA y� T I ty a ;° ' SEWAGE STSTEM DESIGN CALCULATIONS o v e W o Q v s'MIN ::., r 3. . Y "+ " Y ^•' ' ,\ �0 RecreationalUse ace = 270 GPD flow allowedks : Ln ; . v nv 000 ' r m LP.ACHING � ", .. J s _d� / p g p o m 32-0 13 -8°r COLLAR ' ;� 1�� c^,�.a, ,r _ �4 trx ��`kt , 4! t . m bo SECTIONS / w e 19- \\� SEWAGE DISPOSAL SYSTEM DESIGN 9 t Y5u t Yw Tank O. , iL Use Minimum S stem for 300 GPD ''' r'" z Septic t wares*xuwunmo rowerer—� 6-0" MAX. _ a --�--- 1 ro �A Provide: (1) 8 foot die. X 4 foot liquid depth - 1200 GPD t '. ¢ i i . - aACxPn rdArEaw ToeECteweuaD wnae�vm SIGN DETAIL -- _ Leaching Pools21'.6° 5 i a W a - j ilk z z �c Required: NEW ADA 1 I D~ tAa i. q RESTROOM aw.D Lu y N i 8 e h , TYPICAL SINGLE UNIT SEPTIC TANK RONPOSTS Provide: (1) 8 foot diameter x 12 foot deep = 300 SF o o .q me ti .._ . . PAINTED SIGN PANEL-TO MATCH DESIGN B COLOR OF EXIST.SIGN I IN VINEYARDS] X 'E, ;t'.y"Z.i.!' ' -�p�•,r�.a'".y.] ] NOTE:FENCE SHOWN IN PHOTO DOES NOT APPLY TO o EW SEPTIC. i t*r'*tYrt'r o' I PROPOSED SIGN ALONG ROAD. EE DETAIL I z IN J w 32'-3m o EXIST. TREE RELOCATED N SHE Q U � rreevrnanruro ,a a 30000 A-0 S�NILAR 6ED S16TE PLAN WI SEPTIC SYSTEM Z C,v9rgWN COVBrd 190MDfi 2' T 70 +' 24'CHROW "'"" SEPTIC SYSTEM DETAIL TEST HOLE DATA SHEET Wg rrmr..nwnc � gs ee uworn A' * NOT TO SCALE ----- ------- -- - Q iiSs OdBTr rx�rm+ �- oyT CAST IRON I'RAMES w rm+.,•ou r �• CAST IRON FRAME13 s�»TY0 AND COVER TO 6RAVE McDONALD nmrT.+ eu. AND GOVE1! TO GRADE =35MGEOSCIENCE rob"°'" 1121 ,r MEM snie: As Noted u+q 4- 1 I 4 "ci�"�Prnm�. 3Dx1000•$outhold,New York 11971(631)7653677 Dran'nbY: DK/NY �. mm +� Check nr: CMS I�oxTiwADr'er., FF EL. 55 *1NIy�D 55° TEST HOLE DATA SHEET GRA= EL.— Pitch 5% for 20 feet —► z// +"1 ' Moore Sherwood House Vineyard " MASOMaY C.441M WS MAGONW j d"IMNer 8 inch traffic slab Y 8 inch traffic slab 11 MIN Surveyor: A U W ' 12" 2' MAW LL W f7`4" PER I-OOTop�ar.-"® Location: l— cleanout MINIMUM PITGH Ia' V8" PER FOOT arde� Wwr6 M, r MIN. 4 DIA. PIPE L , MINIMUM MITCH Y®EMIM r Tax Map Number: 1000.100.4-5,3 p� TYPICAL CLEAN OUT inv.53 inv.'52.2 MIN ,�" DIA. Pers: s�� — _ (� class 2400 pipe r Protect Description: S teplan U) Q O U) class 2400 pipe inv. 51.9' �; LL inv. 52.a Date: 3!14/12 �MmStRTABLE COVER ;+L" MIN.TO GRADE I 300 S.P. �, w w Q c) MINIMUM �; 1200 gallon ST h 510E ----- r 1.5' Dark brown loam OL CL VAALL O O IL 8'diameter 4 foot liquid AREA •r ----- 3' Brown silt ML () !L 3: rWn SEWER PIPSL- �_ O w v 30•ELWW In 3 FOOT MIN. SEPARATION LU a z FRONA SEASONAL HIGH GROUNDWATER j Pale brown fine t0 coarse sand SN F CLEANOUT(S)LOCATED IN TRAFFIC AREAS SHALL BE FROVmsD WITH r, TRAFFIC BEARING FRAME AND COVER. ---- - — - AwO 17' ��� "', SEP 13 2012 Comments: no water encountered Sherwood House-SITE-05dk.vwx -- -- —4 --. September 10, 2012 FIXT. TYPE L-02 SITE PLAN NOTES: PARKING AREA SUMMARY NOTE: WINE-TASTING 1 SEATING AREA Pro osed Area PROVIDE HAY BALES & SILT FENCE TO PREVENT RUN-OFF DURING SITE and LANDSCAPE AREA SUMMARY 1. NO PARKING OR STANDING ON OR ALONG OREGON ROAD. IRON POST - ± 2.5' CONSTRUCTION Landscape Element Existin Area Proposed Area Comments PATIO & DECK DIAMETER-VERIFY w/ PATIODECK 490 SF Driveway-GRAVEL 1428 SF 5881 SF 1428+4453 SEMI-PERMEABLE 2. NO BUSES OR LIMOUSINES PERMITTED ON SITE. LIGHT FIXT. MFR. PICNIC TABLES ON LAWN 2T975 SIF Footpaths&Apron 364 SF 574 SF 330+2441 PAVED SHERWOOD HOUSE DRAINAGE CALCULATIONS: Terrace or Patio 433 SF 132 SF [1321 PAVED 3. MAX. TENT SIZE OVER DESIGNATED SEATING AREA IS 10' x 30' - LARGER TENTS TOTAL SEATING AREAS 3,597 SF Based on 2" rainfall. per Town of Southold Code Capter 236 Pool 1,050 SF 1,050 SF Exist Pool &Hot tub VINEYARDS REQUIRE SPECIAL EVENT PERMIT. Deck-Main 140 SF 630 SIF 140+4901 Cedar Decking 2600 Oregon Road PARKING SPACES PROVIDED Mattituck, NY 11952 4. MAX. SIZE OF TENT OVER PATIO & DECK ARE NOT TO EXCEED THEIR GRAVEL SPACES -8+ 1 ADA 9 SPACEs PARKING LOT- GRAVEL: TOTAL structures 3415 SF B 267 SF RESPECTIVE FOOTPRINTS. LARGER TENTS REQUIRE SPECIAL EVENT PERMIT. GRASS SPACES 8 + 1 LAND BANKED 9 SPACES [including future on-site parking] TOTAL SPACES 18 SPACES 5,300 X .167 X 0.6 = 531 cuft Buildings Existing Area Proposed Area ,° a 5. USE OF A TENT OUTSIDE OF DESIGNATED SEATING, PATIO OR DECK, REQUIRES GRADE Buildincl Foot Print 1,523 SF 1,523 SF NO CHANGE a -0 Ins Porch 180 SF 180 SF NO CHANGE SPECIAL EVENT PERMIT. TOTALSEATING AREA ALLOWED 3,600 SF PAVING: Shed 312 SF 312 SF NO CHANGE ISSUE DATE m g g 6. SITE OCCUPANCY IS LIMITED TO 72 PEOPLE. A SPECIAL EVENT PERMIT IS BASED ON 200 SF RETAIL i PARKING SPACE TOTAL Buildings 2,016 SF 2,016 SF REQUIRED IF MORE THAN 72 PEOPLE ARE EXPECTED ON SITE AT ANY ONE TIME. FOOTER FOR POST- 767 X .167 X 1 = 128 cu. ft. PLANNING 12.06.11 POURED CONC. CYLINDE TOTAL Buildings&structures 5.430 SF 10,282 SF TO BELOW FROST LINE LANDSCAPED AREA: UPDATE 05.18.12 LOT AREA 87,119 SF 87 119 SF 2 acres LOT COVERAGE -BUILDINGS 0.023 0.023 P 0 1 15' SETBACK FOR MONUMENT SIGN. SIGN TO BE 4 POST LIGHT ELEVATION 475 X .167 X .2 = 16 cu. ft. UPDATE 09.10.12 4' H. x 6' - SEE DWG,. A-0 FOR DETAIL. TO BE LIT q_1 Scale:318"=1'-0" TOTAL LOT COVERAGE 0.062 o.11s 20%allowable BY TWO DARK-SKY COMPLIANT GOOSE-NECK SHIELDED FIXTURES DIRECTED TO SIGN TOTAL VOLUME REQUIRED = 675 cu.ft. SURFACE. [FIXT. TYPE L-011 NEW ASPHALT APRON ± 330 SF TOTAL - 4" THICK STONE LEND BASE, 2.5'1 25' DEEP LANSCAP GARDEN OF RI N LS ASPHALT BINDER & 1.5" TOP WEARING COURSE. SAW CUT LINE AT ROAD TO PROVIDE CLEAN EDGE FOR NEW PAVING. NOTE: WELLS MORE THAN 150' FROM PROPERTY LINE NORTH SIDE OF OREGON ROAD. PROPOSED BUFFER OF EVERGREEN - MAX. SPACING S O.C. MIN. HEIGHT 570 6' HIGH. ........---.--- — — — — — — — — A-0-0 SEPTIC DESIGN OREGON ROAD 41'-0"' j EXIST. TELEPHONE POLE r[ w ae EXIST. DENSE NATURAL BUFFER OF I cz7 w MATURE SHADE TREES , CEDAR TREES —.._..—.._..—..—..—..—..-------- — & WILD ROSE BUSHES. _ 7 — — — — —.._..—.._..—..— — —.._..— —.._..— —..—.._.._..—..—.._..— --- — --- — — —.._.._..—.._.._..—.._.._..— —..—. o a am N 59 44 00 E 353' 1"' LU N IDc cm SIGN SIGN AT PARKING ENTRY - TO READ: " PLEASE 9 N w`¢ } 10 PARK ONLY IN DESIGNATED PARKING AREAS. p j o z a ' � � w EXIT. BEECH— PLEASE DO NOT PARK ON THE STREET." w o - . - o o �TREE > location per owner L^ o o NEW DRIVE & PARKING 4,453 SF 2221 � u1 ' LLEw" EXIST. CESSPOOL 6" RCA SUBGRADE W/ 1 .5" I LINE OF GRASS PARKING AREA - 1,368 sf . U) CC TOPCOAT OF 3/4" CRUSHED I o PROIVDE SIGN "PARKING", AT CENTER OF XX EXIST. DRIVE& STONE. j °' TEST' LE W WALK 1,428 SF Y I HEDGEROW INDICATING USE. EXIST. I • U 4 EXIST. PORCH oa r (2) 4' X 8' CONC. CAST CESS m ` EXIST. HEDGEROW FOOTPATH 180 SF Y � • p 36SFs U POOLS W/TRAFFIC I a, '' -' , - " ; '• _ gg ` ---_I d C? BEARING RINGS W/ STL. j W o GRATE COVER 1 Sq 0 -----------I ' ' FIXT. TYPE L-02 - DARK-SKY j aO � 321_0111 13'-611[ 171'-6 4 COMPLIANT L.ED. POST LIGHTS Nrl - p q UNDER TREE CANOPY - ± 3 EACH LU � " W �I I m m SIDE OF PMG. SEE _ �B ADA SPACE & WALK - \ -- I �d X61 = (POOL-location per owner _ �_, ELEVATIO WG. � r IMPERVIOUS ± 285 SF I m 1 ; ° Z . W a • ._ _ Q?° o EXIST. FOOTPATH 188 S Z Q Z FIXT. TYPE L-03 -DARK-S ' —•• UU / Sl 187'-101/2" V COMPLIANT L.ED. PATHI ,y�- -' ----.._..---_- - o N N LIGHTS. I ots; EXIST. WD. DECK —'\ C3 V 0 •. ' Ir'� I 140 SF `\ m IIr 6'-0" FENCE AROUND DUMPSTER — SED 0 0 s PAVED WALKS ± \\ o 6' ON 6" CONC. PAD 0" X 10'-0" 290 SF TOTAL J WELL M Q Q PROPOSED ADA COMPLIANT PROPOSED PATIO - �' II. Scale: Noted 25'-0"' a ] I BRICK PAVER 132 LW scale: As Noted RESTROOM. SEE DIETS. 2 & 3 - ] I SF SLOPE TO I W DK/NY EXIST. POOL check by: l DWG. A-1 I I PARKING FIELD. I check by: CMS HEDGE TO SCREEN BATH 32'41 I GRAB BARS. EXIST. TRE EXIST. EC I RELOCATE �'I CHERRY TREE POUREDCONC. FLOOR -VERIFY 4 SHE I�•. MAX.g1TSIZ FINISH. L —'—' — aU = I . I NOTE: LIGHT & EXHA. FAN TO BE o PROPOSED DECK - 6" 3a' W — SWITCHED WI OCCUPANCY °? 0 10'-0"' 10'-0"' CEDAR 490 SF - SLOPE 4 EXIST. PAVED WALK SENSOR. N TO S.E. ---- = I 140 SF " ! SEATING AREA DEFINED BY EXIST. ° PREVIOUSLY-APPROVED IRON FENCE W/ LOOSE SEATING & PICNIC TABLES 0 Q oe e7 lO ORNAMENTAL CREEPING VINES OR ROSE I ON LAWN - 2,975 SFIt 1 Q Z ED ---BUSHES_--o ------------------------- ---------------------- (f) o, ------- -- ---------- d VINEYARD ROWS ARCH. GRADE SHINGLE ROOF. - I ----- ---------FIXT. TYPE L-03 - DARK-SKY � O LLI 12" X 36" AWNING WINDOW. COMPLIANT SOLAR--POWERED co PROVIDE MATCHING SIZE VENT N L.ED. LIGHTS. - 8 TOTAL IN N Z 4 OPENING ON SOUTH-EAST SIDE. WELL SEATING AREA. Ud a ADA COMPLIANT ENTRY SIGN. — -- -- -- — ADA COMPLIANT LOCKSET. OPERTY LINE; S 590 44' 00" W 3531-1111 MATTITUCK BOARD & BATTEN SIDING - CED '> NAT'L FIN. °D TOWN OF SOUTHOLD PUMP ADA COMPLIANT THRESHOLD. AST. House N SUFFOLK, COUNTY, NEW YORK 'I;' I'll PROVIDE FEN OR TRELLISherwood House-SITE-05dk.vwx SCREEN WALL O BLOCK S.C.. • TAX NO. 1000-100-04-5.3' EP 13 2012 ACCESS &VIE TO PUMP II, September 10, 2012 DM ELEVATION HOUSE BY VIS ORS. PROPOSED SITE PLAN 0 50 100 FT JUNE 01 , 2011 A-1 Scale: ' = 20 ft TYPICAL LEACHING POOL ./ .F LEACHING SECTIONS TYPICAL SINGLE UNIT SEPTIC TANK -FI TYPICAL CLEAN OUT CLEANOUT(S) LOCATED IN TRAFFIC AKEAS SHALL BE PROVIDED WITH TRAFFIC BEARING FRAME AND COV~K, LOCATION PLAN SITE DATA SCTM # 1000-100-04-6.3 Total Site Area = 2 Acres = 87,119 SF Total building Area; existing single family home Proposed = ADA compliant Toilet ALLOWABLE SANITARY FLOW (DENSITY) Groundwater Management Zone IV Wells Allowable flow for site = 300 GPG/Acre 2 acres x 300 = 600 GPD allowed SEWAGE STSTEM DESIGN CALCULATIONS Recreational Use 15 GPD / parking Space = 270 GPD flow allowed SEWAGE DISPOSAL SYSTEM DESIGN Use Minimum System for 300 GPD _ Septic Tank Provide: (1) 8 foot dia. X 4 foot liquid depth = 1200 GPD Leaching Pools Required: 300 SF Provide: (1) 8 foot diameter x 12 foot deep = 300 SF SEPTIC SYSTEM DETAIL NOT TO SCALE AN~ ~OVE~ TO ~RAD~ FF EL 55' / / · - .... -- ~..~i~,,~=. 55" -- . ~ / ~ EL.- ....... / Pitch 5% for 20 feet --I.-7-7--- ........ ~ ~ -' ~: j- ,.. ~ Incn traffic s a I~ ~ ,,.. ___~~. 12" ' . =' ~x. ~ · ~OO 5 PI L, 8' diameter 4 foot liquid ~~ ~ A~A . ~_ ~ 3 FOOT MIN. SEP~TION FROM S~SON~ HIGH GROUNDWATER 41' EXISI. BEECH- N~A (~) ENLARGED SITE PLAN W/SEPTIC SYSTEM Scale: 1/16" = 1'-0" TEST HOLE'DATA SHEET McDONALD GEOSCIENCE Box1000' Southold, New ~rk 11971 '(631) 765-3677 TEST HOLE DATA SHEET Name: Moore Sherwood House Vineyard $umeyor: Location: Tax Map Numar: 1000-100-4-5.3 Project Description: Sitedan Date: 3/14/12 ...... 1,,5' Dark brown loam OL AUG ~ 4 ...... 3 Brown silt ML Pale brown fine to coarse sand SN Comments: 17' no water encountered WINE-TASTING PATIO & DECK SHERWOOD HOUSE VINEYARDS 2600 Oregon Road Mattituck, NY 11952 ISSUE UPDATE ~o'°.# 1121 saa[.: As Noted Draw. by: DK/NY Checkby: CMS A-O Sherwood House-SITE-OSdk.vwx August 10, 2012 PARKING AREA SUMMARY BEATING AREA Proposed Area PATIO 132 SF DECK 4908F PICNIC TABLES ON LAWN TOTAL SEAllNG AREAS PARKING SPACBS PROVIDED 2,975 SF 3~S$7 SF GRAVEL SPACES - 8 + 1 ADA 9 SPACES GRASS SPACES 8 + 1 LAND BANKED 9 SPACES TOTAL SPACES 18 SPACE8 TOTALSEATING AREA ALLOWED BASED ON 200 SF RETAIL/PARKING SPACE 3,600 SF -lICK STONE LEND RING COURSE. SAW FOR NEW PAVING. NOTE: PROVIDE HAY BALES & SILT FENCE TO PREVENT RUN-OFF DURING CONSTRUCTION DRAINAGE CALCULATIONS: Based on 2" rainfall, per Town of Southold Code Capter 236 PARKING LOT- GRAVEL: [including future on-site parking] 5,300 X .167 X 0.6 = 531 cu.ft. PAVING: 767 X .167 X 1 = 128 cu. f. LANDSCAPED AREA: 475 X .167 X .2 = 16 cu. ft, TOTAL VOLUME REQUIRED = 675 cu.ft. SITE and LANDSCAPE AREA SUMMARY Commen~ Landecape Element Driveway - GRAVEL Footpaths & Apron Terrace or Patio Pool Deck - Main TOTAL S~ucture~ Bulldlnge Building Foot Print Exl~lng Area 1,428 SF 364 SF 433 SF 1,050 SF 140 SF 3,4t $ EF F.x]~tlng Area 1,523 SF 180 SF Prol~eed Ama 5,881 SF 574 SF 132 SF 1,050 SF 630 SF 8~267 SF Proposed Area 1,523 SF 180SF [1428+445~ r33o + 2441 r1321 [140 + 490] SEMI-PERMEABLE PAVED PAVED Exist Pool & Hot tub Cedar Deckir NO CHANGE Porch NO CHANGE Shed 312 SF 3t2 SF NO CHANGi 2,0t5 SF 2,0tS SF TOTAl. Bulldlnge TOTAL Buildings & etructur~ LOTAREA S,430 SF 87,119 SF 0,023 10,282 8F 87,119 SF 0.023 2 acres LOT COVERAGE - BUILDINGS TOTAL LOT COVERAGE 0.062 0.tt8 20% allowable OREGON ROAD .......... I~-~-244' 00" E 353.08' ;D 'ACE. _ RE ~ ST. BRIVE & WALK 1,428 SF )'A8 sf /2 EXIST, FOOTPATH " 36 SF 180 SF ;KY CO~8EIr~NT LED. uNDEB'¥REE CANOPY- SIDE oF PARKING. EXIST. FOOTPATH 188 SF ~187.9 ~lLI 3OL IST. PAVED WALK 140 SF LOOSE SEATING & PICNIC TABLES ON LAWN - 2,975 SF SOLAR--POWERED L.ED. LIGHTS. - 8 TOTAL IN SEATING AREA. AUG WINE-TASTING PATIO & DECK SHERWOOD HOUSE VINEYARDS 2600 Oregon Road Mattituck, NY 11952 ISSUE =LANNING JPDATE ~°~ "°.# 1121 Scale: As Noted or~w~ by: DK / NY Check by: CMS S 59° 44'00" W 353.08' MA-FI-ITUCK TOWN OF SOUTHOLD SUFFOLK, COUNTY, NEW YORK S.C. TAX NO. 1000-100-04-5.3 JUNE 01,2011 A-1 Sherwood House-SlTE-05dk.vwx August 10, 2012 0 50 100 FT 5045 Elijah's Lane Mattituck, NY 11952 maryacoe~yahoo.com September 28, 2011 Peter Harris, Superintendent Southold Town Highway Department PO Box 1179 Southold, NY 11971 Dear Mr. Harris, As a follow-up to my previous letters on the subject, I ask once agaJn.fovyou to withdraw your permission for Sherwood House Vineyards to maintain a fence on the town right-of-way on Elijah's Lane in Mattituck. In light of the town board's approval to seek an injunction for Sherwood House to cease operation of their tasting room on land where the development rights were sold, it seems to be a conflict of interest to allow such special consideration. Barbara and Charles Smithen continue their operation in opposition of town code and without a permit. The objection of the Smithen's to install their fence on their own property is one of financial interest. Is it the town's responsibility to save a property owner money while at the same time spending money to litigate against that same owner? The financial support and apparent girl of use of property seems inappropriate, especially in context of current protests on Wall Street: are we the 99 percent who pay to support the one percent? Wall Street, it seems, is not the only avenue for the 'haves' to get more. Sincerely, Mary Anne Coe Cc~ Scott Russell, Supervisor Damon Rallis, Code Enforcement ~.-~Don Wilcenski, Planning Department Ray Huntington, Land Preservation Beth Young, Suffolk Times Private Events [ sherwoodhousevineyards.co~ htlp:/~l~rw oodhouse vineyard s.com/events/?page id=98 Private Events ~ Policies and Fees Thank you for your interest in using Sherwood House Vineyards for your event Private events are held at SHV's t~*~o locations (Mattituck Vineyard and Jamcsport Tasting Room) throughout the year, and both indoor and outdoor facilities are available tbr rental · Rental of the Jamespo~t location's FULL PREMISES from 7:00pm to I 1:00pm is $7,000 any day of the week throughout the year This fee includes Ihe Farmhouse, Barn and Grounds Sat-up in the Farmhouse cannot begin betbre 4:00pm and must not disturb normal tasting room busir~ss The premises must be cleaned and locked up no later than I 1:30pm · Rental fee for use of JamesporFs BARN AND LAWN ONLY is $4,000 lbr 4 hours on a Friday or $5,000 for 4 hours on a Saturday throughout rbe year (Fees tbr weekday events will be quoted on a case-hy-case basis · Rental fee for use of Jamespod's FARMHOUSE ONLY (incinding Tasting Room, Retail Room, Dining Room, Sun Room and Kitchen) is $1,500 for the summer or $2,000 for tbe fall from 7:00-11 00pm any day of tbe week (Fees lbr events held in rbe spring or wrater ndll be quoted on a case-by-case basis ) · Rental fee for use of Ma~tguck's VINEYARD is $8,000 tbr 4 hours any day of the week throughout the year · Parties over 80 people will be charged a $150 tbe for garbage disposal · Caterers must be self-sustaining Kitchen in Farmhouse cannol be used · In compliance w~th the Riverbead To~,m Board and the Long Island Wine Council, music by band or DJ must end at l0 30pm with the volume level not to exceed 90 dB · Ifa tent is used on back lawn in Jamespen (in conjunction with the Barn) or on the vineyard g~ounds in Mattituck, it must be a freestanding tent There are ~o be no stake~ in the ground The tent can be put up the day of or the day prior in Ibe morning, as to not d~srupt normal operating business hours and must come down tbe mornmg aRer event Tent doors and indoor heaters are available through the rental companies and are recommended for December to March · lfmorethan 100individualsareinattendance, event host must a~ange to have portable restroom fainlitiesavailableduringevent Fainlitiescanbedeliveredtheday prior to the event and must be picked up the day after the event · SHVwinesmustbepurehased, andrbereisa4casedanimumforanyevent AII cases receive a15% discount Ifwine is needed above the 4 cases, itmustbepaidfor prior to consumption during Ibc event · Upon receiving a contract, a dcposd of 50% of the rental l~e is due within 15 days to reserve your date This deposit is not refundable if event is cancelled less than one month prior to event date Reminning belance of rental fee, wine perehases, etc. must be paid in full one week before date of event 1 of 2 9/28/2011 2:11 PM · SHVrequ~res~hatataminimum~f~neSHVemp~y~e~f~urchoosingremain~nthepremisesunti~theveq:end~fy~urevent SHVrequiresaleasttwopcopieofour choosing remain on the premises for events with over 60 in attendance These people will be responsible for lock-up and must be paid $ 100 each. in cash, prior to the event You have the oplion of using SItV employees as your bartenders/if only wine and beer are served) for an additional $100 each · Event host must have a Certificate of Liabildy Insurance naming SHV as an additional insured in the awa~unt of $1,500,000, to be in our hands one month betbre the event (This may not be required tbr smaller events ) · Renter must provide tables, chairs, silverware, linens, tents and dance floor Caterers are responsible lbr setting up and breaking down tables and chatrs and for clean-up and disposal of all garbage Capaci~': Number of people ~ve can accommodate depends upon the layout of your function, such as sit-do'~,rn dinners, buffet style, cocktail party etc. But in general: · Jamespori Full Premises Capacity: 200 people · Jamespon Farmhouse Capacity: 100 people · Jamesporl Barn and Lawn (with Tent) Capacity: 100 people · Mattituck Vineyard (wilh Tent) unlimited On request, SH V off;ers a Recommended Providers List for tern comganies, caterers, pholography, music, crc You may choose to use any or none on tbe approved list, ho~,~ver a meeling must sci up w/th a representative from SHV and suppliers nol listed on our sheet FOR MORE INFO, CALL AMI at 631-779~2817 or email amidave¥~!hotmail.com. 1291 Main Road, Jamesport & 2600 Oregon Road and Elgah's Lane, Ma~muck, NY - Phone: 631-779-2817 - in fo~sber*oodhouscvineyards corn Copyright © 2011 AIl Rights Reserved 2 of 2 9/28/2011 2:13 PM MARTIN D. FINNEGAN T OW2~/ATTORNEY ~ martin.finnegan@town .southold.nyT/~ JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us C~ SCOTT A. RUSSELL Supervisor Town Hall Annex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971~0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD September 16, 2011 VIA FACSIMILE and FIRST CLASS MAIL Mr. Robert Somers Manager, Agricultural Protection Unit NYS Dept. of Agriculture and Markets 10B Airline Drive Albany, NY 12235 RE: Sherwood House Vineyards, L.L.C. Dear Mr. Somers: This letter serves as a response to the letter from the Department dated August 5, 2011 and the supplemental materials forwarded to this office, including the Application filed by Sherwood House Vineyards ("Sherwood") and the August 2, 2011 letter of Sherwood's counsel and vadous attachments. For the reasons explained in more detail below, it is the Town's position that the Department has no jurisdiction to determine whether rights and obligations negotiated between Sherwood and the Town, memorialized in a recorded Deed of Development Rights are "unreasonably restrictive" under §305-a of the State Agriculture and Markets Law. Further, the Town contends that §§280-13(A)(4)(d), 280-127, and 280-130 are not unreasonably restrictive as applied to the Sherwood Site Plan Application and that Sherwood is misusing the Department's review process in a veiled attempt to have the Department bless a blatant violation of a negotiated agreement. At the outset, I note that the Town appreciates the open dialogue and cooperation of the Department and is hopeful that these issues can be resolved. I. History of the Site and the Town Code. A. Section 280-13(A)(4) in 1994, the Town of Southold amended its Zoning Code to permit wineries within the A-C (Agricultural-Conservation) District if certain conditions are met. These conditions include: Mr. Robert Somers September 16, 2011 Page 2 (i) that the winery must produce and sell wine made primarily from Long Island grapes; (ii) that the winery is set back from a major road; and (iii) that the winery obtain site plan approval from the Planning Board (emphasis added). Prior to 1994, the Town did not permit wineries in the A-C Zone, and no other use within the A-C Zone allows Sherwood's "open air wine tasting patio." The Town has consistently taken the position that any operation requiring a Farm Winery License under the State Alcohol Beverage Control Law qualifies as a winery under the Town Code. It follows that Sherwood's operation qualifies as a winery pursuant to {}280- 13(A)(4) and is required to comply with the conditions therein. B. Town's purchase of development rights. When Sherwood's principals' purchased this property in 1996, the Town Code provisions governing wineries were in effect and Sherwood is presumed to have knowledge of the restrictions of the Code. Further, on June 24, 1996, the Town purchased the development rights on 36.311 acres of the Sherwood property for the sum of $290,488. As illustrated in the attached pictures, at the time the Town purchased the development dghts, the property was not utilized as a vineyard. The Deed of Development Rights (see attached) as negotiated by Sherwoods' principals and the Town prohibits processing or retail merchandising of wine within the development dghts area. Despite this restriction on the prOperty and the Town's Zoning requirement that site plan approval be obtained, Sherwood admittedly established a retail winery on the preserved portion of the property in 1999 in violation of the Town Code and the Deed of Development Rights. Sherwood's illegal operation has continued for almost 12 years on the property~ during which time Sherwood has enjoyed the benefit of the proceeds of the sale of its development rights as well as revenues from retail wine sales. ~ Sherwood admits that it has been on notice of the violation of its Deed of Development Rights and the Town Code as early as 2006, but contends that since the Town left it in "peace" that it was not required to comply. As is well settled under the laws of the State, "estoppel may not be invoked against a municipal agency to prevent it from discharging its statutory duties.' See Parkview Associates v. City of New York, 71 N.Y.2d 274, 519 N.E.2d 1372, 525 NY.S.2d 176 (1988); citing Scru(~s Leftwich v. River Cress Tenants Corp., 70 N.Y.2d 849, 523 N.Y.S.2d 451, 517 N.E.2d 1337. Therefore, any argument or insinuation made by Sherwood that it could continue its operation in violation of the Code, because the Town did not enfome the Code, is without merit. Mr. Robert Somers September 16, 2011 Page 3 C. Sherwood's Application to Land Preservation and Subsequent Enforcement Proceedings. In June, 2010, Sherwood submitted a request to the Town's Land Preservation Committee to erect a deer fence on the preserved portion of the property. Pursuant to Chapter 70 of the Code entitled "Agricultural Lands Preservation", all structures2 proposed on preserved land require the review and approval of the Land Preservation Committee (Southold Town Code §70-5(C)(2)(a)[3]). Upon inspection of the property, the members of the Committee noted an additional structure on the preserved property3 that was utilized for retail sales of wine, as well as various tables and chairs for patrons. After consideration of the violation of the restrictions set forth in the Deed of Development Rights, the Land Preservation Committee issued a decision on July 12, 2010 permitting the construction of a deer fence on preserved property, subject to the "resolution of the violation of the Easement with respect to the retail and non- agricultural production uses of the property occurring within the Easement area.''4 Sherwood did not challenge the validity of this decision. Additionally, the Land Preservation Committee forwarded a complaint to the Building and Code Enforcement Department for investigation. On August 5, 2010, the Town's Zoning Inspector issued a cease and desist letter for the violation of the Town Code and the Deed of Development Rights restrictions on the preserved portion of the property. This notice was ignored by Sherwood. This resulted in the issuance of two Appearance Tickets for violations of §280-13(4)(d) and §280-127 on September 16, 2011. Despite the issuance of these violations, Sherwood failed to cease the illegal operation of a winery on preserved land and without site plan approval. These violations are pending in Southold Town Justice Court. D. Site Plan Application Process. Over 8 months after receiving the cease and desist notice, Sherwood submitted a Site Plan Application to the Planning Board on April 15, 2011. Typically, an agricultural site plan review of an application of this size and scope can be completed in 2-4 months. While the Applicant noted that it did not believe it should be required to obtain site plan approval, Sherwood submitted to the process. The Application was formally accepted for review by the Planning Board at its May 9, 2011 meeting. On May 13, 2011, the Planning Board conducted a site visit and discovered that Sherwood had commenced work on the property, without site plan approval, in clear violation of the Town Code. As such, the Zoning Inspector issued a Stop Work Order. 2 It is noted that §70-3 defines a "structure" as "anything constructed or erected in, on or under [he ground or attached to anything having a location, on or under the ground, includin,q fences." Sherwood mentions that the open air tasting is located within a LILCO Easement, however, the Town owns the development rights within this area, subject to the LILCO Easement. The LILCO Easement allows the presence of utility poles and the maintenance thereof and does not expressly permit retailing wine. 4 In spite of this decision, Sherwood erected the deer fence without resolving the Easement violation. Mr. Robed Somers September 16, 2011 Page 4 The Planning Board continued to expeditiously process the Application and considered the application at two work sessions and held a public hearing between May 9, 2011 and July 11,2011. Throughout the process the Applicant did not object to any of the procedural requirements of site plan review, including the requirement of a public hearing. During this time period, it was reported to the Planning Board that Sherwood was continuing to illegally operate a winery on the land with development rights sold. Shortly thereafter, the Planning Board invoked {}280-131 (M)s of the Town Code and refused to process the Site Plan Application until Sherwood ceased operating a winery on the restricted portion of property without site plan approval. (See, August 2, 2011 letter from the Planning Board) Sherwood has requested that the Department review certain actions of the Town of Southold and the application of certain sections of the Town Code to its operation pursuant to §305-a of the State Agriculture and Markets Law. For the reasons set forth in greater detail below and in light of the fact that the Town has permitted Sherwood to continue the illegal operation of a winery without site plan approval and in violation of the Deed of Development Rights for over 12 years, the Town maintains that the application of its Code under the circumstances here is entirely reasonable. II. Specific Actions and Provisions Challen,qed A. The Town's Enforcement of Negotiated Restrictions on the Property for Which it has Paid Consideration. The Town contends that the Department does not have authority under §305-a of the Agriculture and Markets Law to review the actions and policies of the Town that involve the enforcement of negotiated restrictions on the Sherwood property for which the Town has paid consideration. Pursuant to {}305-a: "Local governments, when exercising their powers to enact and administer comprehensive plans and local ordinances, rules or regulations, shall exercise these powers in such a manner as may realize the policy and goals set forth in this article, and shall not unreasonably restrict or regulate farm operations within agricultural districts in contravention of the purposes of this article unless it can be shown that the public health or safety is threatened." From the above language, it is clear that the Department's review authority does not extend to these circumstances. On the other hand, the Town, including the Land Preservation Committee, the Town Board and every Town entity, approval board, department or committee has ~ Section 280-131(M) states as follows: "The Planning Board shall have the right to deny the proposed site plan for lack of compliance with the provisions of the Town Code, the Planning Board shall notify the applicant, in writing, within 10 days of such determination, of the reasons for such a denial." Mr. Robert Somers September 16, 2011 Page 5 the right and obligation to the citizens of the Town to enforce the Deed of Development Rights without interference of the Department. The Deed of Development Rights expressly and clearly states that the premises shall only be used "for the purpose of such agricultural production." (See attached Deed of Development Rights) The Deed also specifically defines agricultural production as "the production for commercial purposes of crops, livestock and livestock products, but no~t land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. (Emphasis added) In this instance, the Town has insisted for over a year that Sherwood cease and desist its operation of retail sales of wine on the preserved property and Sherwood has refused to do so. The Town contends that this action is not subject to review under §305-a and cannot be determined to be unreasonably restrictive as it concems rights that were negotiated between Sherwood and the Town and rights that Sherwood relinquished upon payment of $290,488. In the alternative, and should the Department determine that it can review the Town's actions with respect to the rights and obligations within the Deed of Development Rights, it is the Town's position that its actions were not unreasonably restrictive based upon the factors set forth in the Department's letter of August 5, 2011. Each factor is discussed briefly below: 1. Cost of Complianc, e - There is no direct cost or minimal direct cost of moving the retail sale of wine off of the preserved area and discontinuing said use on the preserved area in violation of the Deed of Development Rights. Sherwood has admitted that the seasonal wine tasting in its present location "is a small component of the Vineyard and Farm Winery". (Moore, 8/12/11 letter, p. 4) Further, Sherwood has provided no financial documentation indicating the actual cost of compliance and has not disclosed to the Department that it offers wine tasting at a separate location in the Town of Riverhead (see attached Public License Query result from the State Liquor Authority's website) that is not on preserved land and has no seasonal limitations. As such, the cost of temporarily ceasing the operation on the preserved area until another site can be found and approved by the Planning Board is minimal at best and, in any event, does not exceed the consideration paid by the Town to Sherwood. 2. Whether the requirement will cause a en.qthy delay in the construction of a farm buildinR or implementation of a farm practice. While it is acknowledged that retailing wine is a sound agriculture practice, the Town is simply requiring Sherwood to move its retail sales off of the preserved area immediately. The Town has provided Sherwood with ample time to coordinate this move during the off season to minimize the impact. However, Sherwood has delayed relocation without explanation and did not commence the site plan process until their season commenced so any hardship incurred is clearly self-created. Mr. Robert Somers September 16, 2011 Page 6 3. Whether the requirements adversely affect the farm operator's ability to mana,qe the farm operation effectively and efficiently. As set forth above, Sherwood has acknowledged that the wine sales at this location are a small part of the farm operation. Further, the Town has demanded that the wine sales be removed from the preserved land and not that it cease its operation. Under such circumstances and in consideration of the existence of a second tasting facility, it is highly unlikely to adversely affect their operation. Sherwood has provided no proof beyond conjecture to the contrary. 4. Whether the requirements restrict production options - The issues involved in this review do not impact the production of grapes and/or wine. 5. Availability of less onerous means to achieve the Town's objective - With respect to the retail sale of wine on preserved agricultural land, there is no less onerous means to achieve the Town's objective. Sherwood must cease their retail operation that is in violation of the Deed of Development Rights. Numerous agricultural properties throughout the Town are subject to the same development dghts easement language prohibiting retail merchandising. Permitting the retail operation on this parcel will set an adverse precedent for all such properties where the Town has purchased the development dghts. As previously stated, the Town's enforcement of negotiated restrictions placed on this property is not subject to review under §305-a. Should the Department determine it has review authority, the actions of the Town are not unreasonably restrictive as illustrated above. Process. Application of Specific Zoning Provisions in the Site Plan Application §280-127: Requirement of site plan approval pursuant to §280-13(A)(4)(d) and The Department recognizes the Town's authority to require site plan review for certain agricultural buildings and encourages farmers to exhaust their local administrative remedies prior to seeking review of the Department. In this instance, Sherwood has not exhausted its administrative remedies and after submitting to the Town's site plan process, asserts this belated challenge to the site plan requirement because it refuses to cease the illegal operation of a winery. Prior to its submission of a Site Plan Application, Sherwood had the opportunity to seek a review of the Town's Zoning Board of Appeals pursuant to {}280-146 of the interpretation of the Town Code. Sherwood failed to seek such a review and has failed to exhaust its administrative remedies. Further, the Town has required site plan approval for wineries since 1994, and every winery that is operating legally within the Town has a valid site plan approval from the Town's Planning Board. Sherwood attempts to argue that since its operation Mr. Robert Somers September 16, 2011 Page 7 does not entail any permanent structures and consists of "seasonal open air wine tasting" that it does not require site plan review. The Town Code regulates uses of properties, as well as the construction of structures. As previously stated, the Town Code does not permit "open air wine tasting," as a separate permitted use within the A-C Zone. It only permits wineries, which includes the retail sale of wine, and only in instances where site plan approval is received by the Planning Board. Additionally, pursuant to §280-127, any intensification of use of a site would require site plan approval of the Planning Board. The addition of retail sales of wine to an existing vineyard has always been viewed and treated by the Town as an intensification of use requiring site plan approval. As with many wineries in Town, site plan is required to deal with issues of screening adjacent residential property owners, noise, parking, lighting and the general health, safety, and welfare of the residents of the Town, among other things. Sherwood has also conceded that it holds a Farm Winery License from the State Liquor Authority and qualifies as such under the Alcohol Beverage Control Law. Cleady, the retail wine component of Sherwood's operation is required to obtain site plan approval from the Town. These requirements, on their face, are not unreasonably restrictive. This provision is also not unreasonably restrictive as applied to Sherwood as set forth below: a. Cost of Compliance - The Town, in accordance with the Department's guidelines, has created a streamlined agricultural site plan review process. The Town does not require a farmer to submit plans drawn by a professional and does permit handwritten sketches. In this instance, Sherwood hired a professional to draw a site plan, at its own option, but could have submitted a sketch of the patios/parking/site circulation/landscaping, etc. Additionally, Sherwood opted to hire an attorney to handle the Application before the Planning Board. In order to keep the cost of compliance Iow, the Town has implemented these practices. Any cost of compliance with the site plan application itself other than the Town's application fee, was solely caused by Sherwood's independent decisions and not formal requirements of the Planning Board. Sherwood has not provided any information illustrating that the cost associated with site plan review is prohibitive. b. Whether the requirement will cause a len,qthy delay in the implementation of a farm practice. Typically, the Planning Board site plan review for proposals of the same scope and size as the Sherwood Application take 2-4 months to complete. This site plan has taken longer because Sherwood has refused to cease its operation of an illegal tasting operation on land restricted by a Deed of Development Rights. Further, it is arguable that there is no delay in the implementation of retail sales of wine since Sherwood has a separate tasting facility on the Main Road in Jamesport, only 6 miles away. Mr. Robert Somers September 16, 2011 Page 8 c. Whether the requirement adversely affects the farm operator's ability to mana.qe the farm operation effectively and efficiently. The requirement of site plan approval does not adversely affect Sherwood's ability to manage the farm operation effectively and efficiently. Sherwood has admitted that the open air tasting is a small part of its operations and Sherwood has a second tasting facility where it can continue its retail operation through the duration of the site plan approval process. Sherwood has provided no information to the contrary. d. Whether the requirement restricts production options - The issues involved in this review do not impact the production of grapes and/or wine. e. Availability of less onerous means to achieve the Town's obiective - The Town is simply attempting to bring a winery that has been operating in violation of the Town Code and a Deed of Development Rights for over 12 years into compliance. Sherwood has been on notice that it has been in violation of the Town Code and Deed of Development Rights since 2006. Any hardship claimed by Sherwood is self-created and all less onerous means to achieve the Town's objective have been exhausted. In consideration of the above, the Town's application of Town Code §§ 280-13(A)(4)(d) and 280-127 to circumstances present at the Sherwood property is not unreasonably restrictive under §305-a. 2. Issuance of a Stop Work Order pursuant to §280-130. Town Code §280-130(B) prohibits regrading, clearing, tree removal or any other work in preparation of future use of a site until site plan approval is obtained by a property owner. On May 16, 2011, Sherwood was issued a Stop Work Order because it began clearing and preparing the site for the installation of the proposed tasting patios without the approval of the Planning Board. The application of this provision is for the benefit of the property owner, who may incur expenses for clearing and/or grading on their property in accordance with a proposal that is ultimately modified by the Planning Board. For example, in this instance, Sherwood could agree to provide a smaller lawn area to decrease the number of parking spaces required. This may require a smaller area of grading and clearing. Further, at the time the Stop Work Order was issued, Sherwood did not challenge the application of this section of the Town Code with the Department, however, Sherwood made several appearances in Court and stopped all work on the site. It was not until 2 ½ months later that Sherwood raised this issue and now seeks a determination that the application of this section and the issuance of a Stop Work Order was unreasonably restrictive. As applied to the circumstances in this instance, §280-130 is not unreasonably restrictive for the following reasons: a. Cost of Compliance - There is no cost to Sherwood for ceasing construction of the wine tasting patio areas. Sherwood has provided no financial Mr. Robert Somers September 16, 2011 Page 9 documentation indicating the actual costs it has endured because of the issuance of a Stop Work Order and that any such costs are minimized by its operation of a year-round wine tasting facility in Jamesport. b. Whether the requirement will cause a lengthy delay in the implementation of a farm practice. The Stop Work Order is in effect until Sherwood obtains site plan approval. Any delay in the implementation of the wine tasting operation on the site is due solely to the actions and decisions of Sherwood and its failure to cease its operation on the adjacent land that is in violation of the Deed of Development Rights. c. Whether the requirement adversely affects the farm operator's ability to manage the farm operation effectively and efficiently. In consideration of the Second tasting facility operated by Sherwood, it is unlikely that the issuance of a Stop Work Order would impact Sherwood's ability to manage the farm operation. Sherwood has provided no proof to the contrary. d. Whether the requirement restricts production options - The issues involved in this review do not impact the production of grapes and/or wine. e. Availability of less onerous means to achieve the Town's obiective - The Applicant could have requested that the Planning Board permit certain site improvements while the Application was pending. The Applicant has never requested such relief from the Planning Board and all hardships claimed have been caused by Sherwood's actions and/or inaction. As illustrated above, the Town's issuance of a Stop Work Order was not unreasonably restrictive. C. The Planning Board's decision to cease site plan review until She/wood removed the seasonal open air wine tasting off of the property restricted by the Deed of Development Rights is not unreasonably restrictive. While not specifically referenced in the formal Department application submitted by Sherwood, the letter submitted to supplement the application ("Issue 2") argues that the Planning Board's refusal to process the Sherwood Application until the open air wine tasting is removed from the development rights property is unreasonably restrictive. Sherwood claims that the Planning Board has created a ~catch 22" of sorts, where the Applicant cannot move the operation of the development dghts property until the site plan is approved. Sherwood again points the blame at the Town for creating this situation. However, the present circumstances are solely the result of Sherwood's imprudent decisions and its continual and flagrant disregard of the Deed of Development Rights and the Southold Town Code. These violations have continued for over 12 years and the Town has given Sherwood since 2006 to remedy the situation. Mr. Robert Somers September 16, 2011 Page 10 Sherwood then states, without providing any dollars and cents proof, that when "the Planning Board refuses to process and review a site plan because of the alleged violation, the farmer can never correct the violation without closing the business, financially damaging their farming operation and potentially losing the farm." This is, at worst, a severe misrepresentation of the facts and, at best, a gross exaggeration that does not apply to Sherwood's operation based upon the information provided by Sherwood to the Department. Section 280-131(M) of the Town Code permits the Planning Board to deny an application based upon an applicant's failure to comply with the previsions of the Town Code. Here, the Planning Board opted not to deny the Site Plan Application, but simply requested that the Applicant cease its violation of the Town Code (and the Deed of Development Rights) for the remaining portion of the site plan review. It seems highly unlikely that ceasing the seasonal open air wine tasting for at most a four month period will cause Sherwood to loose its farm. It seems even more unlikely that Sherwood would loose its farm in light of the fact that it has a formal tasting room in Jamesport where it would be able to market its wine in the interim. Regarding the factom noted in each of the above sections and for the same reasoning stated therein, the Planning Board's request that Sherwood cease violating the Town Code and the Deed of Development Rights is not unreasonably restrictive and Sherwood has provided no information that indicates otherwise. D. Planning Board's denial of the Site Plan Application. The final argument made by Sherwood is that the Planning Board's denial of the revised site plan would be unreasonably restrictive.6 Sherwood's reasons that such action is unreasonably restrictive include that there was no community opposition to the Application and that the parking required by the Planning Board is unreasonably restrictive. Regarding community opposition, the Town does not believe that this has any bearing on whether an action of the Planning Board is unreasonably restrictive. However, the record reflects that several members of the community did oppose or have concerns with the application (see attached minutes and letters ffem adjacent preperty owner). The community members raised issues regarding noise and the number of cars utilizing Oregon Road, since this is now the third wine tasting operation on Oregon Road. It should also be noted that there are several site plan issues that have not been properly addressed by Sherwood in the revised site plan including parking, screening, inadequate and unsafe fencing around a residential swimming pool in the vicinity of the proposed tasting area and safety concerns regarding an existing agricultural fueling station located near the proposed tasting area. The only issue raised 6 It is noted that the Planning Board denied the Site Plan Application on September 12,2011, a copy of the decision is attached hereto. Mr. Robert Somers September 16, 2011 Page 11 by Sherwood is the Planning Board's application of the parking requirements of the Code. For the purposes of this review, the discussion will be limited to the parking required by the Town's site plan regulations. The remaining issues must be addressed by Sherwood before the Planning Board can make a substantive decision on the Application. With respect to the parking requirements, as with all wineries, parking for Sherwood's patrons should be accommodated on site. Oregon Road is a working farm road with tractors and trucks frequently using it. The road is narrow and does not include sufficient width for safe on-street parking. Sherwood's Application proposes a large open lawn area adjacent to the proposed patio. With no building to provide the Planning Board with a floor area for the calculation of parking, and Sherwood's refusal to restdct the lawn area available for use by patrons, the Planning Board utilizes the lawn area to calculate parking spaces. The parking calculation (one parking space per 200 square feet) is rational, not unreasonably restrictive, and is appropriate for this use because the outdoor space for wine tasting is used much in the same way that indoor space is used and is applicable to all winedes in the Town. However, Sherwood has provided the Planning Board with an executed Lease Agreement with a neighboring property owner that would allow additional parking to accommodate Sherwood's patrons. Sherwood prematurely executed this Agreement and commenced rental payments without presenting the Lease to the Planning Board or receiving a Building Department review to ascertain if parking on a vacant A-C zoned parcel is an appropriate use within the Zone. The Town had not reviewed the additional parking7 and has not determined whether it is acceptable under the Code. Regarding the application of the factors considered by the Department when conducting a review under §305-a of the Agriculture and Markets Law, Sherwood has provided no indication to the Department of the cost of compliance or that the application of this requirement will adversely affect Sherwood's ability to manage the farm operation. Since Sherwood has an alternative location to conduct its retail wine sales, there is no delay in the implementation of this farm practice. The parking requirement for the retail sales component has no impact whatsoever on Sherwood's production options. There are alternatives to the application of this requirement which include decreasing the size of the lawn area available for patron access or providing a legal alternative location for additional parking. However, Sherwood has refused to consider or properly execute either of these options to the satisfaction of the Town. Finally, the Planning Board has denied the Application on the grounds of Town Code §280-131(M) and not on the merits of the Application. Since Sherwood 7 Sherwood inaccurately refers to this additional parking as "overflow" parking. However, if the Planning Board were to permit the Applicant to utilize this location, it would be an accommodation to the Applicant for the required on-site parking. Mr. Robert Somers September 16, 2011 Page 12 refuses to cease the illegal operation of a wine tasting facility on preserved agricultural land, the Planning Board had no other option. III. Conclusion Based on the foregoing, the Town in no way has acted or applied its regulations in a manner that has unreasonably restricted Sherwood's operation. The Town maintains that, based on Sherwood's admission that the wine tasting on this premises is a small, seasonal part of its overall operation and the availability of a second tasting room, there has been virtually no impact caused by the Town. Any impact has solely been caused by the misguided actions of Sherwood over the past 12 years. Additionally, based upon the Town's standing policy to require site plan review of wineries to insure the health and safety of the Town's residents and visitors, the procedures and requirements set forth in the Town Code are not unreasonably restrictive as applied to the Sherwood operation. The Town requests that additional materials, if any, submitted by Sherwood be forwarded to this office and reserves the right to respond to such materials. The Town is available to discuss this matter with the Department in more detail. Please do not hesitate to contact me with any questions. Thank you. ~n,n?...~.~negan To~W"~Attorney MDF/Ik Enclosures cc: Patricia C. Moore, Esq. Members of the Planning Board Heather Lanza, Planning Director Damon Rallis, Zoning Inspector Subject look south Subject look north Subject lilco easement 32 Subject Elijahs Lane Subject woodland 33 1178I Number of pagesTORRENS $ ~ ~) :~'~ "~: Serial ~ JUL 5 1996 ~':' '~'''': Certifi~te 0 TRANSFER TAX ~ F~% SUFFOkK ~ior Cfi, ~ COUNTY ; '37i ;7 ~d / Mo~gage Ins~ent D~d / Mor~age T~ S~mp R~ording / Filing S~Ds ~ FE~ Page / Filing Fee . , Mo~gage Amt. ~..~ H~dllng . ~ . - 1. B~ic Tax ~-584 2. Addition~ T~ No~fion ' ~' /'~ Sub To~l ~ .~ Sub Total ;'~/ · : S~./A~it. EA-5217 (County) EA-5217 (S~te) ~J - ' S~./Add. L~. _, ~ ~o~. ~. ~x ......... R.P.T.S.A. Comm. of Ed. _. 5. ~ j Du~ Town ~ Dual County Held for Ap~ffionment ~ Affidavit · * Transfer T~ ~ ....... Cenifi~ Copy ~ ~ ~ Mmsion Tax ~e pr~ny covered by ~is mortgage]s--~ or Reg. C~y .,, ~ / ~ will be improved by a one or two family O~er Sub To~M~ ~ dwelling only. .... ~// YES or NO, _ GRAND TOTAL :[~, , If NO, ~e appropria~ mx clausn GU page of this ins~ment. ~ /~0 /0~' ~ ~g' ~ ' '~,~ Company Nme 7 ~ ': ~;~l ~E PAID BY: ~c ~ ..~~o..~..~nw~,m. C~h ~ O]eck / . Charge ..... ~ ~nd Title insurance Company Payer same as R & R ~. / (or if different) L ,, ~ A Reliance Group Holdin~ ~mpany NAME'~ ~ (ADDRESS) .......... ~,: Suffolk County Recording & Endorsement Page %is page fo~s pan of ~e attached ~ _ made by: (S~CIFY TYPE OF INSTRUME~) .B~A~ .C/~ / ~ Su~OLn COUmV, mw VOR~. TO Inme Township of ............ In th~ VILLAOE or H~LET of_ N~~ ........... DEED OF DEVELOPMENT RIGHTS THIS INDENTURE, made this 2L~th day of June, 1996, BETWEEN CHARLES SMITHEN and BARBARA SMITHEN, residing at 2600 Oregon Road, Mattituck, New York, party of the first part, and THE TOWN OF SOUTHOLD, a municipal corporation of the State of New York, having its office and principal place of business at 53095 Main Road, Town of Southold, County of Suffolk and State of New York, party of the. second part. WlTNESSETH That the party of the first part, in consideration of ten ($10.00) dollars, lawful money of the United Staes, and other good and valuable consideration paid by the party of the second part, DOES HEREBY CRANT AND RELEASE unto the party of the second part, its successors and assigns forever, the DEVELOPMENT RICHTS, by which is meant the permanent legal interest and right, as authorized by Section 2u, 7 of the New York State Ceneral Municipal Law, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is presently defined in Chapter 25 of the Code of the Town of Southold, and the right to prohibit or restrict the use of the premises for any purpose other than agricultural production, to the properties described in the attached Schedule A. TOCETHER with the non-exclusive right, if any, of the party of the first part as to the use for ingress and egress of any streets and roads abutting the 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, ~nsofar as the rights granted hereunder are concerned. TO HAVE AND TO HOLD the said DEVELOPMENT RIGHTS herein granted unto the party of the second part, its successors and assigns forever. AND the party of the first part covenants that the party of the first par. t has not done or suffered anything whereby the said prem.~ses have been encumbered ~n any way whatever, except as aforesaid. The party of the first part, as a covenant running with the land in perpetuity, further covenants and agrees for the party of the first part, and its heirs, legal representatives, successors and ass~gn~ of the party of the first part, to use the premises on and after the date of this instrument solely for the purpose of agricultural production. AND the party of the first part, covenants in all aspects to comply with Section 3 of the Lien Law, as same applies with said conveyance. The definition of "Agricultural Production" as defined in Section 25-30 of Chapter 25 of the Southold Town Code is as follows: Agrlcuitural Production - shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or llvestock products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes. The party of the first part and the party of the second part do hereby covenant and agree in perpetuity that either of them or their respective heirs, successors, legaI representatives or assigns, shall only use the premises on and after this date for the purpose of such agricultural production and the grantor covenants and agrees that the 2 underlying fee title may not be subd~vlded into plots by the filing of a subdivision map pursuant to Sections ,t.265 and 277 of the Town Law and Section 335 of the Real Property Law, or any of such sections of the Town or Real Property Law or any laws replacing or in furtherance of them. The word "party" shall be construed as if it reads "parties" whenever the sense of this indenture s~ requires. IN WITNESS WHEREOF, the party of, the first part has duly executed this deed +,he day and year first above written. Charles Smlthen Barbara Smithen STATE OF NEW YORK ) COUNTY OF SUFFOLK ) On the 20,th day of June, 1996, before me personally came Charles Smithen and Barbara Smithen to me known to be the individuals described in and who executed the foregoing instrument, and acknowledged that they executed the same. .~ COMMONWEALTH LAND TIT~NSURANCE COMPANY TITLE NO. RH960481 SCHEDULE A TEE PREMISES IN W~ICH THE INSURED HA~ THE ESTATE OR INTEREST COVERED BY THIS ~OLICY Amended: 4/19/96 ALL that certain plot, piece or parcel of land, situate, lying and being at Mattituck, in the Town of Southold, County of Suffolk and State of New York, being more particularly bounded and described as follows: BEGINNING at the corner formed by the inter~ction of the southerly side of Oregon Road and the westerly side of Elijahs Lane; RUNNING THENCE from said point of begir~ling along the westerly side of Elijahs Lane South 28 degrees 27 minutes 50 seconds East, 1,548.25 feet to a monument; THENCE South 64 degrees 19 minutes 20 seconds West, 389.17 feet; THENCE South 25 degrees 28 minutes 50 seconds East, 476.54 feet partly along land now or formerly of Deerkoski to a monument; THENCE still along land now or formerly of Deerkoski, South 64 degrees 55 minutes 20 seconds West, 337.40 feet to land now or formerly of Sidor; THENCE along said land now or formerly of Sidor the following three (3) courses and distances: (1) North 26 degrees 53 minutes 10 seconds West, 246.94 feet to a monument; (2) South 73 degrees 20 minutes 40 seconds West, 285.71 feet to a monument; and (3) North 24 degrees 08 minutes 10 seconds West, 1,635.06 feet to a monument on the southerly side of Oregon Road; THENCE along the southerly side of Oregon Road North 57 degrees 50 minutes 30 seconds East, 332.56 feet to land of Gordon R. Heins; THENCE along said land of Gordon R. Heins the following two (2) courses and distances: (1) South 32 degrees 09 minutes 30 seconds East, 254.36 feet; (2) North 59 degrees 44 minutes East, 166.50 feet; RUNNING THENCE North 30 degrees 16 minutes West, 13.28 feet; RIINNING THENCE North 89 degrees 44 minutes b0 seconds East, 353.08 feet; RUIVNING THENCE North 30 degrees 16 minutes West, 246.74 feet to the southerly side of Oregon Road; RUNNING THENCE along the southerly side of Oregon Road North 59 degrees 44 minutes 00 seconds East, 120.00 feet to the point or place of BEGINNING. FOR CONVEYANCING ONLY, (Together with all right, title and interest of, in IF INTENDED FOR CONVEYANCING(and to any streets and roads abutting the above (described premises, to the center line thereof. PLANN~G- BOARD MEMBERS MARTIN H. SI'DOR Chair WILLIAM J. CREMEILS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAII,1N(~ ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 August 2, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: Site Plan for Sherwood House Vineyards SCTM #t 000-100-4-5.3 & 5.4 Dear Ms. Moore: .~,On July 25, 2011, the Planning Board discussed the referenced project and the status ~" of the pending violations of the Town Code and the Development Rights Easement on your clients' property. As you know, your clients were placed on notice in July 2010 that the operation of a tasting room is not a permitted use of the PDR lands since retail sales of wine do not constitute agricultural production as defined in the Easement and in our Town Code. A copy of Melissa Spiro's letter is attached for your convenient reference. Thereafter, your clients were served with a Cease and Desist Notice on August 5, 2010, which cited both the violation of the Easement and the operation of a business and winery without site plan approval. A copy of the'Zoning Inspector's Cease and Desist Notice is also attached. It is clear from the record of the proceeding before the Planning Board that your clients have continued to operate a retail wine operation on the Town's Easement despite the aforesaid notices. Please be advised that, pursuant to §280-131(M) of the Town Code, the Planning Board has the right to deny the site plan application based upon the applicant's lack of compliance with the Southold Town Code. While the Planning Board would like to complete its review of this site plan, further review must be suspended until such time as your clients have cured the existing violations; The economic hardship claimed by your clients does not justify their continuous and blatant violation of the Town's Easement Rights. Upon certification from the Zoning Inspector of your clients' compliance with the Cease and Desist Notice, the Planning Board will re-open its review of the site plan. If, Patdcia C. Moore, Esq. August 2, 2011 Page 2 however, certification is not received within 30 days, the Planning Board reserves the right to deny the site plan in accordance with §280-131(M). If you have any questions regarding this site plan or its process, please do not hesitate to call this office. Very truly yours, Donald J. Wilcenski, Vice Chairman Southold Town Planning Board Enclosures cc: Martin D. Finnegan, Town Attorney Lori M. Hulse, Assistant Town Attomey Damon Rallis, Zoning Inspector Melissa Spiro, Land Preservation Coordinator New York State Liquor ty Page 1 ofl Forms Quick-Find: Wholesale Forms Retail Forms Trina Mead, CEO Home Public License Query Wholesale Public Query - Results License Information Serial Number: 1233482 License Type: WINERY / FARM WINERY RETAIL License Status: Ucense is Active Credit Group: 4 Filing Date: 10/26/2009 Effective Date: 04/07/2011 ExplraUon Date: 02/29/2012 Premises Information FUCE, CAMERON E SALVAGGIO, JOHN Principal's Name: SCKIIPP, BRIAN M SMITHEN, BARBARA SMITHEN, CHARLES SHERWOOD HOUSE VINEYARDS LLC Premises Name: Trade Name: Zone: Address: County: 1 1291 MAIN ROAD WASHINGTON AVE & TUTHILLS LN ]AMESPORT, NY 11901 SUFFOLK You can select one of the following links to perform another search: · Search by Name · Search by License Number · Search by Location · Search by Principal · Advance Search Disclaimers I Confidentiality I Privacy ~ Security New York State Liquor Authority · 80 S. Swan Street · 9th Floor · Albany, New York · 12210-8002 http://www.trans.abc.state.ny.us/serv~et/App~icati~nServ~et?pageName=~~m.ibm.nys~a.dat... 8/19/2011 PLANNI!~G BOARD MEMBERS MARTIN H. $IDOR Chair WILLIAM J. CREMEt~S KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD I~I~H,ING Al)DRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 September 13, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Denial: Site Plan for Sherwood House Vineyards Located on Oregon Road, +/- 460 ft. west of Elijah's Lane, Mattituck SCTM# 1000-100-4-5.3 Zoning District: A-C Dear Ms. Moore: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, September 12, 2011: WHEREAS, this site plan is for the proposed creation of an outdoor wine tasting area, including the construction of two patios, one of brick at 160 s.f. and the other a cedar deck at 490 s.f. and a 4,453 s.f. gravel parking lot with a connecting paved footpath; and WHEREAS, the applicant submitted an application for site plan review on April 15, 2011; and WHEREAS, at their Work Session on May 9, 2011, the Planning Board accepted the application for formal review; and WHEREAS, on May 18, 2011, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and ~EREAS, this action is exempt from Suffolk County Planning Commission referral pursuant to the inter-municipal agreement between the SCPC and the Town of Southold which states: site plan applications proposing less than 5,000 square feet of new or renovated floor area or less than 10,000 square feet of land disturbance should not be subject to referral; and Sherwood House Vineyards PaRe Two September 13, 2011 WHEREAS, on June 3, 2011, the applicant submitted revised maps as requested by the Planning Board; and WHEREAS, on June 27, 2011, a Work Session was held where comments from referral agencies and revised maps were discussed; and WHEREAS, on June 29, 2011, the Planning Board sent a letter to the applicant detailing the outstanding issues that remained to be resolved with the site plan; and WHEREAS, on July 11, 2011, a public hearing on this application was held and closed by the Planning Board; and WHEREAS, on July 11, 2011, the applicant submitted revised maps; and WHEREAS, on July 25, 2011, a Work Session was held where the Planning Board reviewed the revised plans submitted on July 11,2011 and determined that several issues remained unresolved, including the following: 1. Parking: The Planning Board required 35 spaces to be provided, with as many on site as possible (parking on Oregon Road at this location is not safe due to the narrow pavement width and tractor and truck traffic from the busy agricultural operations surrounding the area). The revised plan showed 18 spaces, with 35 "overflow parking spaces" provided, along with a lease, on the property across the street. It was determined that accessory parking is not allowed in the A-C Zone without the principal use being located on the same property, thus the Planning Board found that the site plan was still short at least 17 spaces. 2. Agricultural Fueling or Filling Area: The Planning Board noted that there was a nearby utility building that appeared to be either a fueling or chemical filling station and requested the applicant to explain the activities, if any, that occurred there as well as provide any: necessary . safety precautions to prevent their patrons from interacting with any dangerous substances or being threatened with potential explosions. The application is still lacking any explanation to satisfy this request of the Planning Board. 3. Evergreen Buffer: The Planning Board was concerned with the health and welfare of the occupants of the nearby residence. They required that an evergreen buffer be installed between the parking lot and the property line to mitigate noise and disturbance. Sherwood House Vineyards Page Three September 13, 2011 4. Pool Fence: The Planning Board expressed concern for the safety of patrons near a pool with a fence that is decaying and does not meet the Town Code and the Uniform Fire Prevention & Building Code for pool fences. With that in mind, they require the applicant to bring the pool fence up to required standards and obtain a Certificate of Occupancy prior to completing the review of this site plan application. The applicant has not yet submitted the Certificate of Occupancy to the Planning Board. 5. Violation of the Development Rights Easement: The Planning Board was made aware that the applicant continued to operate their retail wine tasting area within the Town's Development Rights Easement on the subject prope.rty, an activity that the easement prohibits and that is a violation of the Town Code. In the alternative to denying the site plan application as permitted under {}280-131(M) the Planning Board required that they cease their operation in the easement area prior to completing the review of this site plan application. The applicant continues to operate in the easement area and to violate the Town Code; and WHEREAS',~on August 2, 2011, the Planning Board issued ~ letter informi~th~- applicant that they would suspend review of the site plan application until existing code violations were remedied. The letter also put the applicant on notice that the Planning Board was reserving the right to deny the application pursuant to {}280-131(M) of the Town Code. The Planning Board allotted a thirty (30) day period to receive notification from the applicant that the two code violations noted in numbers four and five above were corrected; and WHEREAS, on September 2, 2011, the allotted thirty (30) day pedod expired with no remedy of the existing violations and no response to the Planning Board from the applicant regarding the violations; therefore be it RESOLVED, that the Southold Town Planning Board hereby denies the site plan application entitled "Sherwood House Vineyards". This denial is without prejudice and the record may be re-opened and an amended decision issued upon the applicant's written request to the Planning Board and notification from the applicant that the violations set forth herein have been remedied. If you have any questions, please do not hesitate to contact this office. Very truly yours, vD;3cne _a Iodh aWl ,rl~.eannS k, Southold Town Piannin.q Board Pa.qe Four July 11,2011 Heather Lanza: OK. Martin Sidor: Any other questions from the Board? Anyone else in the audience wishing to address the Planning Board regarding this application? Ken Eurin.q, 280 Wavecrest Lane, Mattituck: I live northwest of that area. It's been all farmland, residential houses and we are being told by the Town they want to keep it for agricultural. In the past couple of years, the winedes have events there up to 12:00. I'm almost a mile away, and the noise is horrendous. Not all the time. You call their number, nobody answers. They can't hear. It's out of hand. If we open the door up to this.., let him put it on the Main Road, not on Oregon. You're familiar with Oregon, how nice it is to travel, it's a country read. We've seen so many limousines going down there back and forth. They're lined up to pull into the parking lot. It's no longer a country read. You have a bunch of people-I'm one of the directors of the association up there-and we're strongly against it. Martin Sidor: Does anyone else from the audience wish to address the Board on this? Abi,qail Wickham: I also represent Lieb Vines. If I am not mistaken, the gentleman who just spoko is it Wavecrest in Mattituck? Could I ask that? I just want the record to reflect that his comments, while pertinent to many wineries, are not pertinent to this particular application. Mr. Lieb, who lives close to this, is certainly aware of the concerns and he is in farming, he is in agriculture, he has helped preserve some of the character of Oregon Road and would hope to continue to do that. Thank you. Martin Sidor: Thank you. Anyone else wishing to address the Planning Board on this application? Anyone on the Board have any questions? Kenneth Edwards: rd like to offer a motion to close the hearing. Donald Wilcenski: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion carries, Kenneth Edwards: Mr. Chairman I would like to offer the following resolution: Southold Town Planning Board PaRe Five July 11,2011 WHEREAS, This Site Plan is for the proposed conversion of an existing 5,569 sq. ft. agricultural storage building to a wine-tasting room and dry storage building, and includes a 10,427 sq. ft. bluestone parking lot and a 1,440 sq. ft. bdck patio; and WHEREAS, the applicant submitted an application for Site Plan review on April 15, 2011; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5 (c) (3) has determined that the proposed action is a Type II Action as it falls within the following description for 6 NYCRR, Part 617.5 (c) (2) "... rehabilitation or re-construction of a structure or facility, in kind, on the same site"; be it therefore RESOLVED, that the Southold Town Planning Board has determined that this proposed action is a Type II Action and not subject to review under SEQRA. William Cremers: Second. Martin Sidor: Motion made and seconded. Any discussion? All in favor?. Ayes. Martin Sidor: Motion cardes. 6:04 p.m. - Sherwood House Vineyards - This Site Plan is for the proposed construction of two bdck patios, one at 160 sq.ft, and the other 706 sq.ft, for an outdoor wine tasting area that will include a 3,888 sq.ft, gravel parking lot with connecting paved footpaths. The property is located at 2600 Oregon Road, +/- 460 ft. w/o Elijah's Lane in Mattituck. SCTM#1000-100-4-5.3 Martin Sidor: I will be recusing myself and thereby turning this hearing over to our Vice Chairman, Donald Wilcenski. Donald Wilcenski: At this time, I would ask if anyone would like to speak to the Board, please state and write your name and address for the record. Patricia Moore: rm here on behalf of Sherwood House Vineyards, Dr. & Mrs. Smithen. What I have given you is a packet--I won't be quite as brief as your other hearings. I'm sorry but I think that for the record I want to make sure that everything is included. What we have is we've responded to a letter dated June 29 prepared by your planning staff requesting certain changes to our site plan. The site plan is out in the hallway, we Southold Town Plannin,q Board Pa,qe Six July 111 2011 have modified and included many of the comments and points and changes that have been requested. First and foremost, I'd like to address the parking. Let me back up. Sherwood House Vineyard runs an outdoor seasonal tasting area. There are no structures and, aside from the storage shed, it is all (inaudible) during the season dudng daylight hours for the most part, and it is about as inocuous a use as could be expected as a wine tasting area. They have been operating this open air tasting for the last 12 years and it is on part of the same property we are relocating it to Oregon Road, as you know, at the request of Land Preservation. I reserve my dghts with respect to the argument of whether or not it can be done on development dghts land, but rather than go to court and deal with that argument, my client agreed to come in with this site plan application to bdng it over to the non-development dghts portion of the property. In order to do that, the Board wanted us to get site plan approval. We received a letter that asked us to provide at least 35 parking spaces. At the work session, Bill appeared on my behalf and what we discovered is that in order to come up with that many parking spaces, you would actually have to be site planning a 7,000 sq. ft. building. That is cleady not what we are doing hero we have a few square feet of outdoor tasting area. In addition, I looked at other facilities. Two, for example, where I looked to see what was a 35-36 parking spaces and what instances were those number of parking spaces required, I found some Town records that the Christina Vineyard- now Macad-has 36 parking spaces. That was based on a 5,000 sq. ft. winery building and a little over 2,400 sq. ft. tasting room. A second example is Bidwell Winery with 33 parking spaces. That was a site plan based on a 7,000 sq. ft. winery and a 2,000 sq. ft. tasting area. Given the histodc calculations of parking, the request being made in that letter seemed highly irrational and unreasonable. Nevertheless, we tded to make as many concessions and we tded to provide as much conformity as we could. So what we did is we showed the parking area--you have it in your packet--a color rendering. I have a larger version. I apologize that it's a little small, but you should be able to see the areas pretty cleady. What we did is we showed the parking of nine spaces along the west side of the property, with a handicapped spaco all compliant with handicap code--also compliant with drainage. We also show the 25' setback from the road and compliance with the entrances and so on. We have provided a site plan that shows nine spaces, one of which is handicap accessible. We have also identified on this site plan parking of an additional nine spaces, for a total of 18 spaces on site. Those spaces I would suggest would be more appropriately land-banked rather than improved, because the whole business philosophy of Sherwood House is a garden setting-- natural, open--less is more. And that has been the way that they have been functioning for the number of years that they have been in operation. To build out more parking in this site would change the look that they would prefer to emphasize on this property. Can they do it? Yes. Will they?. If they are told "you must", they are certainly willing to do it. Does it make sense? Is it appropriate? I would urge you to reconsider and not require development of more parking than really is necessary. Southold Town Plannin.q Board Pa.qe Seven July 11,2011 In addition to dealing with the issue of parking, the letter asked us to get a legally- binding lease, which we were able to get. We had something in wdting from our neighbor, Robert Roehl. I prepared a lease and it is submitted as part of the packet. I obviously deleted the rent and the liability insurance coverage because it is a public record of a pdvate document. Nevertheless, it is adequate and it is binding and executed by both parties. What we also have is a site plan which was provided to me by the architect. I asked him to calculate generally how much parking in the field across from the site could be accommodated. He said absolutely, unquestionably there is more than 35 spaces just in the field across the way. He prepared a very simple diagram at my request showing the parking spaces based on size, flow through and so on and he provides one of those forms for the Board. I will put it into your record because it does have the parking and it shows at least 36 spaces. He doesn't even identify the parking all the way to the back of the property. We have 100' back and he stops at a certain point. (inaudible) We feel we have addressed the parking---certainly the parking needs of this property. The owner who operates the business knows what their parking needs are. We've identified it but we've also added additional parking at the Board's request. And the additional parking across the way when and if necessary. Beyond the parking issue, there were just general site plan issues which I've shown on this site plan and again it is on the larger scale. I think Dr. Smithen provided the Board with a large scale drawing--one of you lucky people has the large scale version. The other ones have to concentrate a little bit with a smaller scale. We can provide more oversize scale if you need it. In any case, the area in front of the parking is the 25' setback. That will be a perennial garden. Dr. Smithen is an avid gardener. His property reflects his care and gardening skills. Pretty much everything you see there all the beautiful trees---have been planted by him. It is just a very lush setting. What we have done is on the site plan identified it as an area for the perennial garden. There are also existing trees, so those are identified as well. An issue which we would ask you to consider is--we have an evergreen buffer along the west side of the parking area. What I did is I gave you a couple of photographs. The first photograph I have in the packet shows the existing buffer. What may have been somewhat confusing for the staff when they went out to look: the parking area had been started--the grass had been cleared--and the contractor actually (John Maiser) did not go to the limit of the property. The original site plan as you will recall had a 5' setback from the property line. He was actually out there measuring and looking and trying to make things look the best. He had actually started the parking area away from the property line. So, at the request of the Board having a 10' setback, that is in fact what is built out. Obviously it's not finished, but it shows where the area of clearing. So you can see from the property line and the extra grass that in order for us to comply with your request to put in evergreens and an additional planting, we would have to clear the area in order to plant the area. That, we believe again would change the character of the property as well as upset our neighbor. The neighbor likes that natural buffer. You Southold Town Planning Board PaRe EiRht June 13, 12011 can see from the way he maintains his house, he likes everything very natural, which is fine. My client similarly likes that look. So, we would ask the Board to keep it as natural. If we were ever to remove the natural buffer, then certainly we could plant it. But that's not the intent. Let's keep it as undeveloped as possible. That is the goal hero to keep it looking as simple as possible. Among the photographs, the second photograph I gave you, Dr. Smithen is hanging out there with a cigar in his mouth; he and I were measuring and confirming measurements. The third photograph I gave you is that open field that is leased directly across from the property. You can see it as a fiat, open grass field. By the way, Cornell Cooperative this weekend had a sale and I parked in an open field just like this and went across and used their facilities, bought plants and toured. That is a very common practice, particularly when the need for excess parking really is on a limited basis and of limited use. The final picture I include because I went by there--I'm sure you all know Oregon Road well enough--but I saw that a little bit down east of this property, one of the farmers parked all his farm vehicles. It's very quaint. I don't know which farmer--it looks very nice. You can see that is a common practice on Oregon Road--the lining of the ag trucks--and it goes several rows deep. That is in character with Oregon Road. We are certainly going to deal with the pool CO; that's a very simplistic issue. We have a fence presently but we are adding a fence to that, so that's not a problem. We have at your request identified the location of the dumpster which we would propose to enclose with a fence. You can see it just south of the parking area. We also show the portable sanitary--the port-a-potty--which is actually a very attractive kind of custom port-a-potty. The ag fueling station is actually 89' into the ag piece on the development dghts property: you just wanted to have an idea of approximately where it sat in relation to the property line, and that's an approximation. We have provided in that packet lighting cuts. The lighting: again, we want to keep everything very Iow impact, very natural. There are some dark sky compliant lights which are really intended to keep it at Iow canopy lighting on the property, obviously. We understand curb cuts and requirements that we have to meet there. With respect to drainage, there are two drainage dngs that have been installed in the parking area. They are already built out, they are pre-cast, the dimensions of which are on the site plan. That will take in ail of our drainage requirements from the pervious parking area. We would suggest a discussion with Jamie Richter again because this is not trying to stay natural we want to try to use natural pitched drainage rather than building out large drainage structures when we have grass and natural area pitching the structures towards the grass-- keeping everything obviously the Code requires us to keep the water on the property which certainly that will be the case, but within the property it doesn't make sense to build out large drainage structures for small depths and walkways, so we would ask for a discussion with Jamie about that. Southold Town Planninq Board Page Nine July 11,2011 The last two items are they haybale silt fence which is again standard and the handicap compliance parking. We are aware of handicap compliance and it will be a handicap compliant space. I believe that we have addressed all the points that the Board asked my client to incorporete into the site plan. We hope that the Board will take their historic parking calculations into consideration when you are coming up with the calculation of parking. In a sense, you are penalizing the client because he doesn't have a building. If he had a building, it would be clear what his parking requirements are. Because he has no building, you are asking for a highly exaggereted parking schedule. If there are any questions, rd be happy to address them. Donald Wilcenski: Does anyone frem the Board wish to ask Pat more questions? Staff? Bill Cremere: In the beginning you said that a shed was going to be there and I don't see a shed on the drewing. Pat Moore: Yah, they have dght now just a little under 200 sq. ft. storege shed that is used for the bottles. I apologize, it's not being put over here... Heather Lanza: Could you just explain a little bit how the site is going to function? In other words, where is the person going to stand who is serving the wino are they going to have a portable thing that is going to be put thero is there going to be a shade over them--where are you going to store the wine.., logistically just explain how that is all going to work. Pat Moore: I park and walk up that pathway. You see the first circle shown as 14' wide area ..... Barbara Smithen, 2600 Ore,qon Road, Mattituck: So there will be a bar and it will have an umbrella because you're going to need shade. Then where it's 25.0 we will have seating there. There will be picnic tables in front of that. Heather Lanza: Where are you going to store the stuff that you serve? Barbara Smithen: We have a shed on the property--our own property--that's where we go and get the wine from. Heather Lanza: OK, thanks. I have a couple more questions. Are you intending to hold special events at this particular site? Barbara Smithen: No. Southold Town Plannin.q Board Pa.qe Ten July 11,2011 Pat Moore: I would reserve the dght to do whatever the Code allows us to do. At this time, they don't have any events planned. But we certainly have enough parking for it. They've never had any special events for which a permit is necessary. Heather Lanza: That's what I'm talking about. Is there a plan to have amplified live music at the location? Pat Moore: Not amplified, no. Heather Lanza: I notice that this new plan has lights on it. Are you considering being open dudng the night? Barbara Smithen: In October, when it gets dark, there will be solar lights just at the parking area. Pat Moore: Toward the end of the season you get into October. During the harvest season the winedes have activities, but it gets chilly and it's weather-dependent. Heather Lanza: Today I had a call from our Code Enforcement Officer and he was talking about the existing tasting area on the Development Rights Sold land. He said that the Town was requiring that that stop because it wasn't allowed in the Easement. My question to you for the record is: are you still operating there; are you planning on stopping that anytime soon? Pat Moore: I think it's irrelevant to this application and rm not going to have my client speak on it. We have a justice court and we may have a tdal, so I prefer that it not be discussed. If the Code Enforcement Officer wants to pursue it in court, we're there and we'll be happy to pursue it. But it honestly has nothing to do with this. Our whole goal here is to relocate and we've made a really strong effort to do that. Heather Lanza: OK, that's all I have. Thank you. Bill Cremers: About the Notice of Meeting: I drove down Oregon Road and I did not notice the sign being up. Pat Moore: It was up. Barbara Smithen: I think somebody stole it for an hour and I found it in the bushes at 3:00 and I put it back. A fellow by the name of Bill Burroughs stopped by there and introduced himself. He was wdting down the information. That was about 2:30/3:00. Donald Wilcenski: If there is bad weather, do you have any intentions of putting a tent up, or are you going to be closed? Southold Town Plannin.q Board Pa.qe Eleven July 11,2011 Pat Moore: A tent is a temporary structure, so it would be permissible and it's the same area we are talking about site planning. I don't want them to say "no, never" or "yes, maybe" or whatever. I think it depends on how things go. They do have another year-round facility in Jamesport--this is the Iow-impact kind of garden setting--but they are not precluded from having a tent if they choose to have one. Donald Wilcenski: Thank you. Anybody else? From the Board or staff? Bill Cremers: Just a question on the lighting: you just have lighting around the parking area. How about where people are sitting--if it's dark, you have no lighting back there. Pat Moore: It just shows a couple of~o you see those little yellow dots--thars it. Bill Cremers: Nothing by the picnic tables? In the back? Pat Moore: In this area? No. Again, it's very Iow impact. Bill Cremers: And strictly solar?. Barbara Smithen: Yes. Donald Wilcenski: Anybody else? From the Board or staff? OK. Thank you, Pat, Mrs. Smithen. At this time I'd ask anybody else from the audience if they would like to speak in regard to Sherwood House Vineyards. Please step forward and state your name and wdte your name. Ken Eurinq: I believe in the past I've seen some canopies up there; we've stgpped for wine by their benches. The young lady who takes care of serving the wine was under the canopies. There is umbrellas or some form of cover there to keep them out of the sun. I'm looking at the whole thing-on Oregon---both the vineyards. If you let one, you gotta let 'em all, or put the restrictions that it's not past a certain time and the music--if it goes past their property line--but within reason. And the amount of cars because on the weekends there's a bunch of limousines--I won't repeat myself anymore. Most of you know the questions that we're interested in. Thank you. Donald Wilcenski: Anybody else from the audience who would like to speak to the Board? Pat, would you like to add anything else? Pat Moore: No, I think the site plan speaks for itself and we hope that you will approve this as quickly as possible since Damon would like us to open up here as soon as possible. Southold Planning Department Staff Report Site Plan Application Work Session — Completeness Date July 19, 2011 Prepared By: Brian Cummings I. Application Information Project Title: Sherwood House Vineyards II: Analysis 1. Provide thirty-five (35)parking stalls. (As many on-site as possible) Submitted: -Nine (9) on-site parking spaces at 9'x 19' including one ADA space at 12'x19'. -Nine (9) on-site "land banked" stalls. -Minimum of 35 parking spaces across Oregon Road Recommendation: 1. Instead of labeling the grass area of parking on-site as "land banked" spaces, it is recommended that these parking spaces be part of the regular parking area. The grass surface the spaces are designed on is sufficient and would create more on-site parking. - Consider type and design of parking stall bumpers to identify land-banked spaces and proposed parking spaces. 2. Consider whether even more parking can be accommodated on-site. 2. Provide a fully executed, legally-binding written agreement regarding additional off- street parking that identifies the following: a. exact location & size of the parking area, and b. the duration of the agreement. c. curb cuts along Oregon Road, d. proposed entrance and signage in the area for patron notification. Submitted: - "Fully executed lease from neighbor Robert Rowehl. His property, directly across from Sherwood House Vineyard parking area, an open filed 100' x 200' will accommodate over 35 cars." 1 "Since this area will be rarely used, a hand crafted sign will be used to direct off-site parking for Sherwood House Vineyard." "Where more than 10 cars are parked in the leased area, Sherwood House staff will direct the parking and ingress and egress from the site, as needed." Recommendation: 1. Lease agreement is not sufficient. a. Le se specifics: Lease should reflect all aspects of the site plan it encompasses to ensure all necessary components are included to create a safe and orderly site. 2. Consider whether submitted answers and accommodations for the following are sufficient: a. Area designation of off-site parking, b. Signage to include notification for limos and buses (including dimension and wording), c. traffic flow and direction of parking 3. Additionally, it is recommended that the Board require the applicant to show the location of the propane tank and concrete slab with metal extension within the off-site parking area across Oregon Road, and provide a protective barrier for both, or some other means to prevent vehicle contact with the structures. a. Consider what the Board would see as a sufficient protective barrier. 3. A landscaped front yard setback at a minimum of 25ft. The parking lot should be no closer than 25 feet to the property line abutting Oregon Road. Submitted: 25' setback requirement is met on site plan. Landscaping: "My client intends to landscape the front 25 feet along Oregon Road of the parking area. The 25' is presently grass and a tree." Recommendation: 1. Consider the removal of land banked "stall #10" in order to continue to satisfy a 25' setback. 2. Accept the front yard setback as now met by the revised plan after the above is done. 4. Provide a layout of the front yard landscaping, including plant type and size, 2 Submitted: "Charles Smithen is an avid gardener, as is evident by the landscaping of his property. Charles and Barbara Smithen planted the perennials and trees presently on the property." Recommendation: 1. Grass is considered satisfactory in the Town Code for front yard landscaping, but the Board should consider if they would like to see additional landscaping or low screening of parking area. 5. A ten (10) foot minimum side yard setback between the parking area and the property line to the West with an evergreen buffer. Evergreen buffer shall consist of 5-6 foot Arborvitae, Eastern Red Cedar or Thuja Plicata(Western Red Cedar). Submitted: 10' side yard setback requirement is met on site plan Byffer: "You requested an evergreen buffer. The proposed parking area was cut more than 10 feet from the property line. In order to plant the evergreen buffer, an existing dense natural buffer of mature shade trees, cedar trees and wild rose bushes would need to be removed. The existing buffer keeps the property looking more natural and removal of the existing mature vegetation will most certainly upset our neighbor." Recommendation: Consider whether the existing"natural buffer" is sufficient screening to neighboring property to prevent relevant noise and headlight interference. 6. Site plan approval is dependent on the issuance of a Certificate of Occupancy by the Building Department for the existing pool, which is necessary in order to provide a safe site area for patrons and children. Submitted: "The pool is protected with a custom built pool fence which consists of post&rail with wire and landscaping, however, a second standard chain link fence is being installed around the existing fence in order to close out the certificate of occupancy for the pool." Recommendation: Withhold site plan approval until new fence is completed and C.O. is issued. Require a copy of the certificate to be submitted to the Planning Board. This recommendation is made with safety issues in mind. 7. Please include the locations on the site plan for: 1) Proposed dumpster(s), 2) Proposed portable sanitary facilities, and 3)the existing fueling area at the Southwest corner of the property, and note any safety zones or setbacks required by other agencies, as well as the use of the area(fuel station, etc). 3 Submitted: - Location of dumpster(enclosed with a fence), is included on site plan - Portable sanitary location is included on site plan - Existing agricultural fueling station on the agricultural land is located on the site plan. Agricultural fueling station is located±89ft. south of property line. Recommendation: 1. Consider whether the Board is satisfied with what is submitted for the Agricultural fueling station. Its location is noted, but safety concerns remain in regards to its location relevant to proposed tasting area. 2. At the existing site there are currently two bathrooms being used, the Board should consider whether both, or just one, of these bathrooms will be relocated to the proposed tasting area and if the location already displayed on the site plan is appropriate. 8. Pursuant to §172 of the Southold Town Code, please include and indicate the quantity, location and specifications of any and all lighting. Submitted: f 3 dark-sky compliant LED lights each side of parking, under tree canopy and three (3)path lights along paved walkway. Recommendation. Submitted lighting layout is acceptable. 9. Pursuant to §280-80...90 of the Southold Town Code, please include and indicate the size, design and location of any and all signage. Submitted: A. Location of main sign is included on site plan, "their sign will match the existing sign." B. Monument sign will be lit by two dark-sky compliant goose-neck shielded fixtures directed to sign surface. Recommendation: 1. Submit a sign plan that shows the dimensions and meets Town Code. 2. Sign Lighting- include details on how the sign will be lit - the Town Code requires that signs be lit from above. 4 10. On the site plan, please indicate the location of the edge of the grape vines relevant to the subject property. Submitted: Location of grape vines is included on site plan. 11. Oregon Road must be Saw Cut to provide a clean line for this new pavement section and all new pavements within the Town owned R.O.W. must meet minimum requirements of the Highway Specifications. Submitted: Saw cut Highway Specifications match exact requirements on site plan. Recommendation: This requirement has been satisfied. 12. Drainage calculations have not been provided and are required to meet the minimum requirement of Chapter 236 for Storm Water management. Submitted: Drainage calculations have been provided based on 2" rainfall for parking lot(including land banked area), paving and landscaped area. "Drainage will not enter the Town Road or adjacent properties; however, we will discuss with the Town Engineer a passive drainage system which maintains the natural drainage of the property and irrigates the landscaping." Recommendation: The new calculations have been submitted to the Town Engineer for review. 13. Grades and/or elevations must be provided for new parking and patio areas. All new impervious surfaces must be incorporated into drainage calculations that will show containment of a 2" rainfall to comply with Chapter 236. Submitted: "The property is flat and patios and parking areas will be properly pitched to address the drainage requirements on the property. Also drainage calculations are provided." Recommendation: Ensure Town Engineer agrees that the revised plan meets Chapter 236. 14. Gravel surfaces and brick patios constructed as permeable pavement are required to utilize a 60%runoff coefficient. Submitted: Drainage calculations of the permeable surfaces are provided. Recommendation: Ensure Town Engineer is satisfied with submitted drainage calculations and run-off plans. 5 15. Hay bale and silt fencing should be indicated on the plan to prevent silt and/or construction debris from entering the Town R.O.W. or adjacent properties. Installation details must be shown on the plan to provide proper installation. Submitted: "Hay bales and silt fence will be noted." Site lap: "Provide hay bales and silt fence to prevent run-off during construction." Reconimendaitionw Hay bale and silt fencing have been noted on site plan. 16. Handicap spaces should consist of asphalt or other smooth and compact parking lot surfaces for the purpose of handicap accessibility. Sybinitted. Proposed impervious ADA space and walkway of±285s.f. 6 Mary Anne Cee 5045 Elijah's Lane Mattituck, NY 11952 July 9, 2011 Martin H. Sider, ct al, Planning Board, Southold Town, PO Box 1179, Southol Raymond Huntington, et al, Land Preservation Committee, Southold Town Damon Rallis, Code Enforcement, Southold Town Scott A. Russell, Supervisor, Southold Town Albert J. Krupski, Jr., et al, Southold Town Board Peter W. Harris, Superintendent of Highways, Southold Town JUL 1 1 2011 Martin Finnogen, Esq., Town Attorney, Southold Town t : Robert M. Haggerty, Deputy Commissioner, NYS Dept. of Agricolture & Marke~ 10B Airline Dr, Albany, NY 12235 Paul A. TeNyenhuis, District Manager, Suffolk County SWCD, 423 Cn'iffing Ave, Ste. 110, Riverhead, NY 11901 Dear Sirs: Please refer to the July 12, 2010 letter from the Department of Land Preservation, Town of Southold to Charles and Barbara Smithcn, She~vood House Vineyards. Please note that at that time, the deer fence referred to had not yet been erected on my property line or on Elijah's Lane: that work was completed after that date. The letter states that the committee passed a 'MOTION to approve the Jane 25, 2010 request to install deer fencing, subject to Resolution of the violation of the Easement with respect to the retail and non-agricultural production uses of the property occun'ing within the Easement area.' I assert.that since the violation continued right through the cons~uction period and continues still to date, that the fence was erected unlawfidly end therefore should bc removed in its entirety. If approval for the deer fence is not revoked ouiright, please consider thc following: I did not sec any mention of the completion of the deer fence around the preservation property. I was told that it was not permitted to section out a small pertinn of the fence for the purpose of preserving tho bucolic view of the vineyard from my front yard. Therefore I would assume it is also not permissible to do anything but complete the f~nce behind the Smithen house, pool and 'sculpture garden' with the same materials and presentation as it appears on Elijah's Lane. The NYS Dept. Of Ag & Markets grant given to the Smithens is detailed in Contract Number C011019 and had a required completion date of September 15, 2010, which has long passed. In addition to this requirement, the conlract states that 'The Contractor [Suffolk County SWCD] is responsible for complying with all local, state and federal laws applicable to work performed ander this Agreement' and that 'These general conditions cannot be changed.' I assume no review of the project has been completed, as it is clearly not complete and in violation of local code. As neither the sale of development rights nor the deer fence grant is considered purely economic assistance, I assume that the language of the contract requirements is binding. It is my opinion that the Smithens feel they have the right to follow the rules and regulations only as far as it suits them. Special consideration was given the Smithens regarding the placement of the fence on Elijah's Lane. I propose that the fence be removed from town property. Please include discussion of the deer fence, its removal, legality or completion when considering the site plan proposed for a wine-tasting area on Oregon Road, Mattituek. Sincerely, Mary Anne Cee Enes. Mary Anne Coe 5045 Elijah's Lane Mattituck, NY 11952 June 5,2011 Ms. Heather Lanza Town of Southold PO Box 1179 Southold, NY 11971 Dear Ms. Lanza, JUN - 7 2011 I read in this week's issue of the Suffolk Times that the planning department is requesting comments about the character of Southold Town. My family moved to Mattituck nine years ago for several reasons. The first is that Port Washington, my home since 1953, has slowly but clearly changed its character. Primarily because of its location in western Nassau in proximity to New York City and the Long Island Railroad, Port Washington has become an ideal location for Manhattan commuters to live. Local zoning laws allowing houses to be built on 40 x 100 lots and within only a few feet of property lines encouraged the building of many and large houses to the point of severe crowding. The area where I used to pick wildflowers in the summer has become a shopping center. The overall feeling has changed as well. There's too much hurry, too much competition for ownership of cars, homes, clothes, money, belongings, sports, club memberships, etc. I grew up in a neighborhood of working families who had barbeques and clambakes together. Most of us had a parent who taught a Sunday school class or was a Scout leader. When my husband and I started our own family~wny~w, mployer was shocked that I gave notice so I could stay home and raise my children. It was a difficult decision, since my salary was a good one in the computer industry. But more important to me was the value of teaching and nurturing my own children. I was able to use those years of part-time work to volunteer in various positions in my church, the local PTA, my civic association, and the Girl Scouts. My children came with me to deliver Meals on Wheels, much to the delight of our clients. As it so happened, not many years later, my husband lost his job of 30 years with no pension. We decided to turn a bad situation into one of oppommity. We moved here without jobs and with the pressures of moving two households - my mother's and mine - into one combined. We were leaving the place where we were well known and liked. We moved here in search of the place that Port Washington used to be. Not surprisingly, we've met several others who have done the same. I have a very strong commitment to individual, family, and community sti'ength of character. I am now facing the challenges of having two college-age daughters and a three-generation household. Lately I have had to focus primarily on making enough money to pay the bills, and I look forward to better economic times when I can afford to once again volunteer my time to the community. Without reservation, the best thing that has come from our relocation is my introduction to Bill Witzke. An ad in the Suffolk Times gave me the lead to a job, which became jobs for both my husband and myself. I have the utmost respect for Bill, who has also been an active leader and volunteer in the community. It is people like Bill and the many who work or volunteer in our fire departments, schools, churches, community centers, hospitals, and other organizations who keep what's important alive: hard work, good humor, and a real sense of caring for others. They are the best of Southold. Unfortunately, my experience in the last year or so has brought me so much disappointment and frustration that I question my sense of belonging to this community; so much that if I was in a position financially to do so, I would choose to move away. My perception is this: if you own a vineyard, you are more valuable to the town than a resident, and deserve more favorable treatment there from. I moved to the place on Elijah's Lane that I call home specifically because of being in the midst of farmland, next to preserved land. As a reaction to the claustrophobia I was leaving behind, I picked the spot that had the most beautiful views of 'open space' and gave me the most awesome sense of relief and well-being. For three years it was so. Now, I say 'buyer beware.' Buying a home next to preserved land can be a detriment instead of an asset. In 2005 our vineyard neighbors opened a tasting room. Since I am unfamiliar with local laws, I assumed it was sanctioned by the town. Then last year the same neighbor put up a deer fence. It felt like the carpet was pulled out from under me. Some of our trees were cut down so the placement of the fence could be right on the property line. The access to our hackyard was denied: we were told when we bought our house that a verbal agreement from the 1970's gave us permission to use the access road. And most upsetting of all was the devastation to the beautiful view and our sense of peace. The fence was put up, aided by state funds administered by the county, on only three sides - most affecting us and omitted from Oregon Road where our neighbors would have to look at it. It was put on Elijah's Lane close to the road so that a row or two of grapes would not have to be removed. The fence partially surrounds a property where a tasting room operates on preserved land. In addition, the owners have applied for a variance so they can have wine tastings at their house. The term "chutzpah," the original Hebrew definition (from Wikipedia) 'Used indignantly, to describe ~omeone who has overstepped the boundaries of accepted behavior with no shame,' seems to apply here. Everyone that I've talked to about this situation has had one of two reactions: supportive dismay, or a total lack of surprise. The general fee~ (o~at 'vineyard ~o~ers get whatever they want.' After the fence went~p. several feet beyond the surveyor~de~fiarcatious, another term came to mind. I put up a sign: 'Stalag Schadenfreude'. It certainly looks like we live next to a compound; and it w~s done with a total lack of regard for us as neighbors. (I wrote several letters and had a few conversations, asking for a revised plan.) My neighbors called the police because they could not look up 'Schadenfreude' in the dictionary. My 87-year-old mother had to explain the defmition to the officer. I was at work. I would remind those of us who haven't read Robert Frost recently that while some might say "Good fences make good neighbors," there are those who would rejoin that "Something there is that doesn't love a wall," and that "Before I built a wall I'd ask to know / What I was walling in or walling out / And to whom I was like to give offense." I fear that soon most of the vineyards and tree farms will also put up these ugly fences. Then it'll look like a bunch of used car lots in Queens. Besides, the deer are still here. The tasting room re-opened yesterday. The traffic is back, on a road that should be a quiet country farm road. The acceptance of this operation is a very different attitude, I think, than that of preserving open space. Wasn't there a discussion not too long ago about whether a greenhouse used to grow tomatoes should be allowed? Wow. I'm sure someone would object if we stored our boat, yard trailer and snowplow on our front lawn, since we can't get to the backyard. I feel the inequity ofresidenee vs. vineyard is pretty overwhelming. Thank goodness I have better taste, anyway. A recent article in Newsday featuring DeLea Sod Farms told about a bill that is being considered in Albany that would exempt East End farmers from paying the MTA payroll tax. All small businesses on the East End protest this tax. I know of no one who commutes via LIRR to an East End marina. Don't get me wrong. I would rather see sod farms and vineyards instead of houses. But don't let's confuse those businesses with farms that produce 'produce': consumable fruits, vegetables, grain, dairy and meats. Sod is for golf courses or homes; grapevines are gown primarily to make wine. While the local wine industry is currently providing a few people with employment, the Surgeon-General warns us about the health risks of alcohol consumption. While we warn our children about dangerous decisions regarding drag and alcohol abuse, we subsidize and promote the industry producing and selling wine. I absolutely respect and support farmers like my other neighbors, the Sidors, Deerkoskis, and others who work hard to preserve the fanning way of life. I would love to see more £mancial support and incentives go their way. It appears that there is much more money in grapes than potatoes. What a shame. I guess I had false hopes when I moved to Mattituck, thinking I would be living in farm country. I guess I'tl have tO think again. An article posted on the interact by Silverberg Zalantis LLP dated October 5, 2009 entitled 'Deceitful Conduct May be a Basis for Denial of an Area Variance' refers to the case heard by the Appellate Division, Second Judicial Department, Supreme Court of the State of New York in the matter of Caspian Realty Inc. respondent, v. Zoning Board of Appeals of Town of Greenburgh, argued February 13, 2009. In their decision, the court concluded, "in sum, we conclude that while an applicant's deceit toward municipal boards with respect to prior or current applications may not, standing alone, warrant the denial of an area variance under Town Law 267-b(3), that factor can be considered significant and compelling to the extent it inextrieably relates to certain of the enumerated statuto~ factors, such as whether the benefit of a requested variance is outweighed by the adverse impact which may inure to the Town and its ability to enforce the law in future cases if it were to grant an area variance to an applicant who had misled municipal authorities throughout the application process. Here the requested area variance was substantial, and alleged difficulty is clearly self-created by virtue, in this case, of Caspian's apparent deceit..." Please consider the above when reviewing the variance application by Sherwood House Vineyards with regard to wine tasting on the residential portion of their property, as well as operation on preserved land for six years in violation of town code. Sherwood House also has a tasting room on Main Road in Jamesport. When the fete was erected on to~m land, it was deemed temporary placement: a revie~'w~d be made aft~ harvest season. As this is long past, has it become the decision on the part of the town to donate the portion of land inside the vineyard fence to Sherwood House (approximately a $20,000 value, I figure)? I would be especially pleased if anyone would reply to this letter. To date, only Damon Rallis has had the courtesy of keeping my husband or me informed by emall. To Mr. Rallis, we are extremely thankful. He asked to be notified if the tasting room was re-opened this season. It is and he was. Unfortunately, it was on a Saturday that we 'harassed' Mr. Rallis. For that, I apologize. It seems there is no end to our frustration. Sincerely, Mary Anne Coe Encs. Cc: Bernadette Deerkoskd Martin Finnegan, Esq. Peter Harris Ryan Kraemer Damon Rallis James Rich Scott Russell ~Martin Sidor Note: I have enclosed copies of previous correspondence only to Ms. Lanza. Anyone else interested in this information can please get copies from Ms. Lanza. Patrick Hooker, Commissioner 5045 Elijah's Lane NY State Department of Agriculture and Markets Mattituck, NY 11952 1 OB Airline Drive October 19, 2010 Albany, NY 12235 Re: Contract Number C011019 and related correspondence; copies enclosed. Dear Mr. Hooker, Why, would ya' lookee them! That must be one o' them new-fangled farm vehicles goin' in next door! I only used to see them potato trucks or them big o1' slow tractors with them roto-tiller things on the back from up the road. Ooo-whee! Please! I am neither stupid nor illiterate. I believe in 'doing the right thing.' I object to unlawful behavior. I object to those who flaunt their disrespect. I object to funding regardless of impropriety. I support the local farmers one hundred percent and take offense at any suggestion otherwise. The farmers in our area work very hard, day in and day out, all year long to preserve a way of life. They do it honestly and proudly. Does anyone really think an operation that brings busloads of tourists to a tasting room on preserved land is a 'legitimate farming operation' qualifying for a grant from the New York State Department of Agriculture and Markets? The statement that I 'do not know..~vhat their situation is' is more than a bit flippant, since I have had numerous communications with the landowners and their employees. I am floored by the naivet6 in the assertion that Suffolk County SWCD is not the 'Contractor' referred to in the agreement but that the 'landowner' is. The statement that 'In no way do we research nor take responsibility for the contractor (landowner's) actions' leaves me dumbfounded. Isn't there a saying about the fox being in charge of the henhouse? In this particular case, the tasting room has been in operation since 2005 and can clearly be seen from the street by anyone driving by and looking. The preservation agreement between the 'landowner' and Southold Town is a public record. S~-S WGD is clearly and absolutely the 'Contractor' in the agreement; the 'landowner' is the 'participant' or 'applicant.' Nowhere is it stated that SCSWCD has the right to abdicate, transfer, negate or neglect responsibility. 'The Contractor and the Department agree to be bound by the terms and conditions contained in the Agreement' including the Department's General Conditions. If SCSWCD does not have the manpower to do so, why make such an agreement? Was the expectation that compliance would be handled on a voluntary basis? I expect people in business or elected office to do their jobs. I expect there to be supervision, checks and balances, and talent enough to recognize the unanticipated and deal with it. Voting someone in or out of office is not the answer: 'doing the right thing' is. Southold Town is scheduled in court to follow through with permits and code violations. I would think that NYS Department of Agriculture and Markets and Suffolk County.SWCD would want to correct any oversights made and assure that funding goes to lawful, legitimate farming operations. Is there any substance behind the agreement? As the saying goes, I'd like to see you "put your money where your mouth is." Sincerely, Mary Anne Coe Encs. Cc: Paul A. TeNyenhuis, Dist. Mgr. SCSWCD Steve Levy, Suffolk County Executive Thomas P. DiNapoli, NYS Comptroller Michael Latham, Director NYS SWCD Marc Alessi, NYS 1~ Assembly District Kenneth LaValle, NYS 1~ Senate District Long Island Farm Bureau Joseph Sawicki, Jr., Suffolk County Comptroller Scott A. Russell, Supervisor Southold Town Damon Rallis, Code Enforcement Southold Town Martin Finnegan, Esq., Attorney Southold Town Melissa Spiro, Land Preservation Coordinator Southold Richard Amper, Exec. Dir., LI Pine Barrens Soc. Peconic Land Trust Paul TeNyenhuls, District Manager Suffolk County Soil and Water Conservation District 423 G-tiffing Ave., Suite 110 Riverhead, NY 11901 5045 Elijah's Lane Mattituck, NY 11952 September 28, 2010 Dear Mr. TeNyenhuis, It is hard to believe that New York State or Suffolk County will pay out grant money to unlawful operations. Perhaps it is because budgets are fight that oversights can be made. I know that my family has to watch every dollar we spend, especially with sales, income and property taxes so high. According to owners Charles and Barbara Smithen, Sherwood House Vineyards has been given a grant to erect a deer fence around their property. Sherwood House operates a tasting mom without a permit on preserved land in violation of Southold Town Code. The town has served a ticket and an order to cease and desist operation. The vineyard has not complied and the tasting room is in active violation. In addition, the Southold Town Land Preservation Department issued an order to stop progress of the fence because of this violation. Fence construction was not stopped either. It is currently on most of three sides of the property. It has also been erected on town property on one side, instead of on private property, in lien of moving a portion of the vines that are on or over the property line. As stated in Contract No. C011019 between New York State Department of Agriculture and Markets, the Contract Agency, and Suffolk County Soil and Water Conservation District, the Contractor, one million dollars is being spent on deer fences in Suffolk County with money granted by ~._ew York State. It is expressed on ~ Page 5 of Appendix D that "The COntractor is responsible for com~[~ with all local, ~tate and federal laws applicable to work performed under this Agreement." I don't know why the town code violations weren't picked up during the application process. I expect your office to follow up on the application and non- compliance issues and reject fund distribution as it pertains to Sherwood House Vineyards. It appears to me that money is more important than the lawto some people. I wholeheartedly object to the state or county granting or administering money to an operation that is in violation of town code. In the name of preserving local farmland, the state and county, it seems, encourages certain Individuals to thumb their nose at community values. - Sincerely, Mary Anne Coe Enos. Ce: Patrick Hooker, Commissioner NYS Dept. of Agriculture and Markets Thomas P. DiNapoli, NYS Comptroller Marc Alessi, NYS 1st Assembly District Kenneth LaValle, NYS Ist Senate District Michael Latham, Director NYS SWCD Scott A. Russell, Supervisor Southold Town Damon Rallis, Code Enforcement 8outhold Town Martin Finnegan, Esq., Attorney Southold Town Melissa Spiro, Land Preservation Coordinator Southold Town PLANNING BOARD ME~MBERS MARTIN H. SIDOR Chair WII J JAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 September 13, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Denial: Site Plan for Sherwood House Vineyards Located on Oregon Road, +/- 460 ft. west of Elijah's Lane, Mattituck SCTM# 1000-100-4-5.3 Zoning District: A-C Dear Ms. Moore: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, September 12, 2011: WHEREAS, this site plan is for the proposed creation of an outdoor wine tasting area, including the construction of two patios, one of brick at 160 s.f. and the other a cedar deck at 490 s.f. and a 4,453 s.f. gravel parking lot with a connecting paved footpath; and WHEREAS, the applicant submitted an application for site plan review on Apdl 15, 2011; and WHEREAS, at their Work Session on May 9, 2011, the Planning Board accepted the application for formal review; and WHEREAS, on May 18, 2011, the Planning Board, pursuant to Southold Town Code §280-131 C., diStributed the application to the required agencies for their comments; and WHEREAS, this action is exempt from Suffolk County Planning Commission referral pursuant to the inter-municipal agreement between the SCPC and the Town of Southold which states: site plan applications proposing less than 5,000 square feet of new or renovated floor area or less than 10,000 square feet of land disturbance should not be subject to referral; and Sherwood House Vineyards Pa,qe Two September 13, 2011 WHEREAS, on June 3, 2011, the applicant submitted revised maps as requested by the Planning Board; and WHEREAS, on June 27, 2011, a Work Session was held where comments from referral agencies and revised maps were discussed; and WHEREAS, on June 29, 2011, the Planning Board sent a letter to the applicant detailing the outstanding issues that remained to be resolved with the site plan; and WHEREAS, on July 11,2011, a public hearing on this application was held and closed by the Planning Board; and WHEREAS, on July 11,2011, the applicant submitted revised maps; and WHEREAS, on July 25, 2011, a Work Session was held where the Planning Board reviewed the revised plans submitted on July 11,2011 and determined that several issues remained unresolved, including the following: 1. Parking: The Planning Board required 35 spaces to be provided, with as many on site as possible (parking on Oregon Road at this location is not safe due to the narrow pavement width and tractor and truck traffic from the busy agricultural operations surrounding the area). The revised plan showed 18 spaces, with 35 "overflow parking spaces" provided, along with a lease, on the property across the street. It was determined that accessory parking is not allowed in the A-C Zone without the principal use being located on the same property, thus the Planning Board found that the site plan was still short at least 17 spaces. 2. Agricultural Fueling or Filling Area: The Planning Board noted that there was a nearby utility building that appeared to be either a fueling or chemical filling station and requested the applicant to explain the activities, if any, that occurred there as well as provide any necessary . safety precautions to prevent their patrons from interacting with any dangerous substances or being threatened with potential explosions. The application is still lacking any explanation to satisfy this request of the Planning Board. 3, Evergreen Buffer: The Planning Board was concerned with the health and welfare of the occupants of the nearby residence. They required that an evergreen buffer be installed between the parking lot and the property line to mitigate noise and disturbance. Sherwood House Vineyards Pa,qe Three September 13, 2011 4. Pool Fence: The Planning Board expressed concern for the safety of patrons near a pool with a fence that is decaying and does not meet the Town Code and the Uniform Fire Prevention & Building Code for pool fences. With that in mind, they require the applicant to bring the pool fence up to required standards and obtain a Certificate of Occupancy prior to completing the review of this site plan application. The applicant has not yet submitted the Certificate of Occupancy to the Planning Board. 5. Violation of the Development Rights Easement: The Planning Board was made aware that the applicant continued to operate their retail wine tasting area within the Town's Development Rights Easement on the subject property, an activity that the easement prohibits and that is a violation of the Town Code. In the alternative to denying the site plan application as permitted under §280-13 I(M) the Planning Board required that they cease their operation in the easement area pdor to completing the review of this site plan application. The applicant continues to operate in the easement area and to violate the Town Code; and WHEREAS, on August 2, 2011, the Planning Board*issued a letter informing the applicant that they would suspend review of the site plan application until existing code violations were remedied. The letter also put the applicant on notice that the Planning Board was reserving the right to deny the application pursuant to §280-13 I(M) of the Town Code. The Planning Board allotted a thirty (30) day period to receive notification from the applicant that the two code violations noted in numbers four and five above were corrected; and WHEREAS, on September 2, 2011, the allotted thirty (30) day period expired with no remedy of the existing violations and no response to the Planning Board from the applicant regarding the violations; therefore be it RESOLVED, that the Southold Town Planning Board hereby denies the site plan application entitled "Sherwood House Vineyards". This denial is without prejudice and the record may be re-opened and an amended decision issued upon the applicant's written request to the Planning Board and notification from the applicant that the violations set forth herein have been remedied. If you have any questions, please do not hesitate to contact this office. Very truly yours, Office of the Counsel Tel, FAX (618)467-8642 STATE OF NEVV YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Aidine Drive, Albany, New York 12235 1-800-554-4501 www. agmkt.state.ny.us August 22, 2011 TDD ($18)48~-7784 Jennifer Andalom, Esq. Office of the Town Attorney Town of Southold P.O. Box 1179 Southold, NY 11971-0959 Re: Review of the Town of Southold's Code for Compliance with AML §305-a(1) Dear Ms. Andaloro: Matt Brewer, Department Agricultural Resources Specialist, indicated that you. requested of a copy of Charles and Barbara Smithen's AML §305-a review request submitted by Patricia C. Moore, Esq. Enclosed please find the correspondence from Ms. Moore, and the AML §305-a review application with attachments. I presume that you will be the Town's contact person on this file for this review, if this is not the case please let me know. AU$ 2 20 ! Very truly yoprs, ~ anie e C. Cordier Senior Attorney (518) 457-2449 Eric. cc: Patricia C. Moore, Esq. Matt Brewer, Dept. A&M PATRICIA C. MOORE Attorney at Law $1020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 RECEIVED AUG 0 3 2011 Margaret Rutkowski Betsy Perkins Secretaries August 2, 2011 New York State Department of Agriculture and Markets 1 OB Airline Drive Albany New York 12235 Att: Mr. Robert Summers Dear Mr, Summers: Re: Sherwood House Vineyard SCTM#1000-100-04-5.3 & 5.4 Town of Southold, CoUnty of SUffolk In accordance with my conversation with Matt Brower, enclosed herein is aa application to the Department of Agriculture and Markets for review of the Town of Southold actions against Sherwood House Vineyard and the application of the regulations for site plan review. Please attach this letter to the application for Section 305-a Review as it is intended to supplement the application form. HISTORY OF WINERY Sherwood House Vineyard Farm Winery is owned and operated by Charles Smithen and Barbara Smithen. On March 12, 1996 Mr. and Mrs. Smithen purchased 38 acres of farm land located on the southwest corner of Elijahs Lane and Oregon Road. Their home is located on Oregon Road. Theyplanted 36.5 acres of grape vines and started their wine production on 36.5 of the 38 acres. On JUne 24, 1996 Mr, and Mrs. Smithen graatedlo the Town of Southold a development rights deed which encumbers 36.311 acres; reserving 2 acres with their home and open area which remains unrestricted. The farmland and house are all one parcel, but have been assigned two tax map numbers to distinguish the development fights easement portion of the property from the reserve area where development fights were retained (above referenced Tax Map numbers). Within the development rights easement is an irrigation well, pump house, and a 50 foot wide Lilco (now LIPA) transmission tower and easement. The parcel is within a Suffolk County adopted Agricultural District. In 1999. Sherwood House Vineyard began aa open air, seasonal, tasting area withinlhe_open fields .of. lhe~.~d. They have no permanent structures. An outhouse and a storage shed are located under the Lilco. Ie_mion lines, and within the 50' Lilco easement. Unlike all the other wineries id Southold, Sherwood House Vineyard intentionally keePs:~e wine tasting intimate,. outdoors, and seasonal. In 2005 this shed was approved by New York State Liquor Authority under ~t_heir farm winery license. Access to the tasting area is through an established farm road. The wine tasting occurs outdoors, on picnic tables, and the tasting occurs primarily between April and October, during daylight hours, and during good weather. The tasting of Sherwood House Vineyard wine promotes the agricultural production of the wine, allows the public to see the vineyard, and supports the continuation of agriculture. The open air tasting of Sherwood House Vineyard wines promotes public enjoyment of the agricultural open space, the tasting promotes farm land conservation and protection of agriculture, and encourages the improvement of prime agricultural lands; TOWN ENFORCEMENT PROCEEDINGS In 2006 the building department, Office of Code Enforcement, directed the owner to obtain a building perrttit for the 12' x 8' shed even though theSouthold Town Code does not require_permits for sheds under 100 square_ £~t. Nevertheless, in 2006 the owner attempted to obtain a build'mg permit for the shed but was advised that they could not obtain a building permit without site plan approval from the Southold Town Planning Board. The owner spoke to the Southold Town Supervisor, Scott Russell, and I spoke to the Assistant Town Attorney, Jennifer Andaloro, we pointed out that there were no structures other than a shed on the property and that this shed was located under the Lilco easement. The Town left Sherwood House Vineyard in peace again: The Town of Southold has adopted "Right to Farm" legislation and deer fencing is a recognized protected farm practice. In June 2010, Sherwood House Vineyard requested permission from the Southold Town Land Preservation 'Committee to install deer fencing to protect the agricultural crop.. Sherwood House Vineyard was losing 35% of their crop due to deer infestation. In order to receive financial assistance from the State for the deer fence, a resolution from the Town Land Preservation Committee was required. The Land Preservation Committee withheld approval for the Deer Fencing, subject to "resolution of the violation of the Easement with respect to the retail and non-agricul ~tu~! pro._d.ugtion uses of the property occurring within the easement area". Sherwood House Vineyard had been conducting tasting and sale of their wine from the same location on Elijas Lane si(lce 1999. Nevertheless, Land PreServation on July 12, 2010 sent a letter' to the owners declaring that Sherwood House could not maintain an open air wine tastingo, u.lartd_ with development fights easement. The committee resc~lved to enforce the easement.(attached copy of letter Exhibit A) On,September 16, 2010i the Code Enforcement officer issued two criminal violations: Ticket i 422:c/perating a winery without a site Plan (Town Code section 280-13 (4)(d)) Ticket 1423:Operatinga business without a site plan (Town Code Section 280-127) (attached copy of tickets Exhibit B) The criminal cases are pending. Thereafter, on September 23, 2010, the Land Preservation Department sent the owner notice that members of the Land Preservation Committee would be making inspections of the easements. In an, effort .to compromise with. the Town of Southold and avoid futura disputos with the Land Preser/,ali~n Cotnr/fitteei Mr: a~d, ldm.Sm'tthen agreed, to submit, an appliC, ation fora site plan for the open air wine tasting~ In response to the objectious'by the Land~P~sorvafion Commi~ee, Sherwood House Vineyard met with the Southold Building Inspector and agreed to relocate the open air wine tasting to the southerly area of the lpmperty which do, es not h~ve. a d. ev.¢lo~pme..nt .r, ig..hts easem~nt.(an open field adjacent to the residence, approximately one acre m s~ze), the t~uuamg Inspector advised them to submit a "simple" site plan to the Southold Town Planning Board. The owner retained the services of an architect to prepare the site plan to the ~8outhold Town Planning Board. The site plan application was submitWxl on April 14, 201 l for an open air tasting, with no structure_s, me~eiy for constmcti0n of patios and gravel parking area on~ site. On May 9, 2011 the Planning Board met with the owners at a work session and began to impose burdensome r~quirements which were not required in the Southold Town Code. While the site plan review was pending, but in a good faith effort to respond to the Land Preservation Committee's directive to cease the wine tasting on the easement land, the owners began making improvements to the relocated site and advertised in the Long Island Wine Press that the wine tasting would be relocated. The contractor started preparing the site for the eve_ntuai parking ~a~.,~__pa. tio. O.n May 16~, 2011 the Building Department, as directed by the Planning Board, issued a StopWorlc Order" (attached copy of the stop work order Exhibit C). April through October is the prime season for an open air vineyard and is the tourist season on the east end of Lon~ Island. Closing the wine tasting would result in extreme financial harm to the farm winery. Without being able to prepare the~, new site, the original location can not be relocated. The "Stop Work Order"unreasonably prevent~ the open air site from being prepared for relocation and unreasonably prevents the relocation so that there is no interruption ofa~. ongoing farm business. On June 29tt~ 2011 the Town Planner wrote a letterlisting 17 changes to the site plaia. In addition, the Planning Board required Sherwood House Vineyard to provide a minitrram 'of 35 p~arking spaces for the open air wine tasting even though the outdoor patio is 622 sq.ft. Sherwood House Vineyard has no structures proposed for the wine tasting, they have outdoor and seasonal tables and chairs on the patio ( According to the Town Code parking schedule, 35 parking spaces is required for a 7,000 sq.ft. Building); If the 622 sq. ft. patio was a building, according to the Town Code parking schedule, we would be required to provide 3 parking spaces.._ The original site plan provided for up to 9 spaces, more spaces than required in the SouthOld Town code, and included written consent from the neighbor that Sherwood House Vineyard cou__ld use the farm field across from the farm winery for parking. A.~.ublic bearing on the site plan was held on July 11,2011. At the public hearing the owners submitted ~sed site plan withl6 parking spaces together with a le~tter addressing ~e request[ed revisions. The site plan and letter addressed the changes requested by the Planning Board. In ~a-dd'i~n, Sherwood House Vineyard submitted a written lease from the neighbor (also a farmer in the Agriculture DistricO. This lease has been sign'dxI and rent p~L.y[n. ~e~t.~__kt~¥~. s_._..t~t. ~_d. i_n~_a~i_ciE~tjg~ for site plan appro¥111. Attached is a copy of the letter, th~ revised site plan, and a copy of the executed [ease. (Attached copy of revised site plan with letter Exhibit D) The Planning Board has not responded to either the_letter or the site plan. On July 25th, 2011, at'he Planning Board work session, the Planning Board advised Mr. and Mrs Smlthenthat they would not continue review of the site plan because of the alleged violations in the easement. By letter dated August 2, 2011 the Planning Board advised that they are refusing to process the site plan applicatiofi~ and will deny the sit~.pla~_ application in 30 days if the all.ege~d easement violation is not cured. (Letter attached as Exhibit E) REQUEST REVIEW OF TOWN OF SOUTHOLD ACTIONS Mr. and Mrs. Smithen have been placed by the Town of Southold in an impossible position. The site plan of the new location will correct the alleged violations and enable the wine tasting to be relocated fxom the area of the property the Land Preservation Committee finds objectionable to the Town approved location. If the Planning Board does not continue the review and approve our site plan we can not relocate. The Land Preservation Committee has demanded that the Town Board seek an injunction from the New York Supreme Court to prevent Sherwood House Vineyard from operating the open air wine tasting. After 12 years in business on their Farm Winery, the Town of Southold Building Inspector, Planning Board, Town Board, Town Attorney and Land Preservation Committee are intentionally interfering with reasonable efforts by Sherwood House Vineyard to relocate and the Town Board and its departments, by their actions, are violating Agriculture & Markets Law. ISSUE 1: Is the Town Board of the Town of Southold and Land Preservation Committee violating the Agriculture and Markets Law by unreasonably demanding that Sherwood House Vineyard Farm Winery which has been in operation for over 12 years on land which is a Suffolk County adopted, State Certified Agricultural District~ be closed? According to "Guidelines for Review of Local Laws Affecting Direct Farm Marketing Activities" the open ak seasonal wine tasting, which is a small component of the Vineyard and FarmWinery, located on a property which is in an Agriculture District is permitted to have direct farm marketing activities. The general language of the Development Rights Easement can not be inconsistent with Agriculture and Markets Law. ISSUE 2: Is the Planning Board's refusal to review and approve the revised site plan for Sherwood House Vineyard violating Agriculture & Markets Law? According to Guidelines for Review of Local Zoning and Planning Laws, while a site plan review has been recognized by the Commissioner of Agriculture and Markets Law to be a reasonable review process for a farming operation, its application to a specific set of facts can be found to be unreasonable and a violation of Agriculture and Markets Law. If a farmer is issued a notice of violation that he needs approval for site plan, but when the site plan is submitted, the Planning Board refuses to process and review a site plan because of the alleged violation, the farmer can never correct the violation without closing the business, financially damaging their farming operation, and potentially losing the farm. (Even when the farmer disagrees with the alleged violation, the Planning Board is using the site plan process as a club to punish the farmer without the legitimacy of the violation ever having been resolved). ISSUE 3: Would denial of the revised site plan which addresses the issues of health and safety submitted by Sherwood House Vineyard, be unreasonable and therefore a violation of Agriculture & Markets Law? Sherwood House Vineyard revised their site plan to address all of the changes requested by the Planning Board, at a public hearihg no one appeared in opposition and no additional requests to the site plan were made. Only letters of support of Sherwood House Vineyard Were received and the site plan hearing was closed. Sherwoo. d Hctuse ¥ineyard complies with the Zoning Code p~king schedule(Town Code 280-78). The request by the Planning Board for 35 parking spaces ~s an unreasonable demand. Nevertheless, Sherw~>d House Vineyard has provided more than the code required parking on site and overflow parking directly across fxom the site. A denial of the site plan would be unreasonable application of the site plan regulations set forth in the Southold Town Code, Chapter 280. Charles and Barbara Smithen respectfullyrequest the Department of Agriculture and Markets to review the Land Preservation Committee determination that an open air wine tasting may not take place on development rights easement. We respectfully submit that even if Land Preservation Committee determination is correct, the Town of Southold must still respect Agriculture and Markets Law and the Town.of Southold Right to Farm Code, and make it possible f6r the wine tasting to relocate without causing financial hardship to the agricultural operation. Finally, we respectfully request that you intervene with the Southold Town Planning Board site plan review process, as their procedures have become onerous and they are creating an impediment to resolution of the dispute. cc: Sherwood House Vineyard Section 305-a Review Department of Agriculture and Markets Telephone No. and Fax No. County ~ u~c-c:~ [ 2. Name of Farm Number of Acres Owned The information requested in this form is for purposes of reviewing a local law/regulation and its impact upon your farm under Agriculture and Markets Law (AML) §305-a. The review will be commenced upon your completion and return of this form and the receipt of any other information or documentation that the Department may determine necessary to conduct a 305-a review. Please complete and return this form and provide any additional information you believe relevant, to the New York State Department of Agriculture and Markets, Division of Agricultural Protection and Development Services. 10B Airline Drive. Albany, New York 12235. Address · ~., 6~, ~ 0 Town '----~C'X ~ 0 J' ~ Number of Acres Rented If the farm is located in an Agricultural District, please indicate the Number Yd5 ' ~ J (AML§305-a only applies to farm operations in a State certified agricultural district) Does the land/farm receive an agricultural assessment? ~¢5 if no, why not? (e.g., start-up, insufficient sales) ~/~, ~re~- o~ ~,~ ~c~ ~ 2 ~- *Please complete the AML fi305-a Questionnaire if the farm does not quali~ for agricultural assessment, or if the Department informs you that it is otherwise needed for its review. Description of the farm - include the following information and provide as much detail as possible [attach additional sheets as necessary): size of farm; type of enterprise; products; acreage; buildings; years in operation; annqal gross income. , In ope-ri q'hoo ¼c r_ 0erct r o 5,0e'¢ Ic/ q'. 4. Description of the specific farm buildings, equipment or practices involved and how they are affected. (* PleaSe provide as much detail as possible and attach additional sheets as necessaPj.) 5. Please provide a comelete copy of the local law or ordinance (e.g. Zoning Code, Junkyard Law, etc.) and identify the specific section or sections regarding which review is sought: Section or sections of local law/ordinance: ~ O- J '~ ( ~.~ (~)' ~'(~0 '-' 1'2' -~' If any violations of local law are alleged to have occurred, please provide copies of any * Notices of Violation, Tickets, etc. and related documents/letters to the Department. Describe the status of the charge (e.g., pending, dismissed, on appeal): ?.~Y1. ~ If applicable, please_ provide copies of building/zoning appfications, permits and/or correS~'ondence between you and the town, planning board and/or zoning board of appeals. Provide a list of other persons or entities (e.g. Building Inspector, Code Enforcement Officer, Town Attorney) who may have further information; include title and day-time phone number: 7. Please provide any additional information that may be useful in conducting the Department's review. The information provided by me above and in the attached documents, if any, is truthful and accu~y knowledge. Signature Date MELISSA A. SPLRO LAND PRESERVATION COORDINATOR melizsa, spiro @ towu.southold.fiy.us Telephone (631) 765-5711 Facsimile (631) 7654640 OFFICE LOCATION: Town Hall Annex 54375 State Rou~ 25 (comer of Main Road & Youngs Ave~e) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF ~ pRI~ERVATION TOWN OF' SOUTHOLD To: Southold Town Board From: Land Preservation Committee Date: June 29, 2011 Re: Sherwood House'Vineyards SCTM # 1000- 100.-4-5.4 Location: 2600 Oregon Road, Mattituck On July 6, 2010, the Land Preservation Committee, while reviewing a request to install deer fencing at the Sherwood House Vineyards sire, unanimously passed the following motions: MOTION to proceed with ~he .enforcement of the Easement with respect to the retail and non-agricultural production uses of.the property occurring within the Easement area. MOTION to approve file June 25, 2010 request to install deer fencing, subject to: · The landowners receiving approval from Peter Harris, Superintendent of Highways, in v~gard to the landowners' request to locate part of the fence within the Town righ!~of-way along Elijah's Lane; and · Resolution of the violation of the Easement with respect to the retail and non-agricultural production uses of the prop6rty occurring within the Easement'area. Subsequent to tho above-meationed motions, Damon Rallis, Zon!ng Inspector, issued violations and ordered the landowners to cease all related activities on the property until they had garnered tiaa proper approvals. It has come to the attention'of the Land Preservation Committee that Sherwood House Vineyards reCOntiy re-opened the retail tasting rooin within the Easement area. The operation of the rotail tasting room violates the terms of the recorded development rights easement. The Land Preservation Committee unanimously passed the following motion at the June 28, 2011 meeting: MOTION to send a memo to the Town Board ~:equesting that action be taken to immediately stop · Sherwood House Vineyards from operating the retail tasting room within the Easement area. In addition, the Committee noted that. the approval for the deer fence installation was contingent on resolution of the Easement violation. Since the Easement v.iolation has not been.resolved, the deer fencing was installed without proper approval. ' '. cc: Damon Railis, Zoning Inspector Local Criminal 'Court TOWN OF Southo~ [~ocket No. (s) ~5 ~)7-' © .~'~ ~~.~OLATION INFORMATION STATE OF NEW YO~ ) ~ S~ CO~TY OF S~FOLK ss ~600 Oregon Road ) o~t(s) TOWN OF SOUTHOLD ) Ma~tuc~ NY 11952 The undersigned Town Employee of the Town of Southold, being duly sworn, says that On and before September 16, 2010, at 2600 Oregon Road, Matfituek, Town of Southold, County of Suffolk, State of New York, the defendant Charles Smithen wrongfully, ml~ntionally, knowingly, recklessly, with criminal negligence, commi~ed the offense of violating Southold Town Code Section 280-127. § 280-127. This article shall apply to ~v~-y land use that is permitted in the Town of Southold except the single- family home use on a single and separate lot as set forth in baticle III, § 250-13A(i), and customary nonagricultural accessory uses to a single-family residential home use as stated in the Town Code. Any change in use or intensity of use which will affect the characteristics of the site in terms of parking, loading, access, drainage, open space or utilities will require sito plan approval. In ali cases where this chapter requires approval of site development plans by tho Planning Board, no building permit shall be issued by the Building Inspector except upon authorization of and in conformity with the site plan approval by the Planning Board and all other public agencies involved. To wit; the defendant is operating a winery/tasting room without site plan approval. This complaint is based on personal knowlexlge. BEFORE swO..TO M KS I D^YOF .20, .. Notar,, Public ~ NO. 0t~ ~ .... . r Q~ ~ ~ ~ ~me C~ ~ ~114, ~ To~ of Southold Local Criminal urt STATE OF NEW YORK ) COUNTY OF SUFFOLK ss TOWN OF SOUTHOLD ) TOWN OF Southold VIOLATION INFORMATION ~trl~s Smithen 2600 Oregon Road ) D~f~t(0 Ma~ck, ~ 11952 The undersigned Town Employee of thc Town of Southold, being duly sworn, says that On and before September 16, 3010, at 2600 Oregon Road, Mattituck, Town of Southold, County of Suffolk, Statc of New York, the defendant Charles Smithen wrongfully, intentionally, knowingly, recklessly, with criminal negligence, commiRed the offense of violating Southold Town Code Section 280-13(4)(d). § 280-13 (4) (d). The win~'S~ shall obtain site plan approval. To wit; the defendant is operating a winery/tasting room without sitc plan approval. This complaint is based on personal knowledge, SWORN TO BEFORE ME THIS }~ DAY OF ~ , ~ ', ~ Notary Public Title Town of Southold May.17.2011 10:59 AM S~ HOUSE VINEYARDS 63177925 PAGE. 1/ 1 Tow~ l-loll Annex 54375 Main Road P.O. RO~ I 179 Southold, New York 11971-0959 BUILDING DEPARTMENT TOWN OF SO[?I~OLD Tclcphonc (631) 765-1802 Fax (631 ) 765-9502 STOP WORK ORDER To: Charles and Barbara Smithens ( Sherwood House Vineyard ) 2600 Oregon Road Maffituck, New York 11952 YOU ARE HEREBY NOTIFIED TO SUSPEND ALL WORK AT: 2600 Oregon Road, Matfituck,.New York 1t952 S.C.T.M. 1000-100-4-5.3 Pursuant to Section 280-130(B) of the Code of the Town of Southold, New York, you are notified to immediately suspend all work and building activities until this order has been rescinded. BASIS OF STOP WORK ORDER: Working without site plan approval from the Southold Planning Board CONDITIONS UNDER WHICH WORK MAY BE RESUMED: When Southold Town Planning Board issues site elan aDoroval Failure to remedy the conditions aforesaid and to comply with the applicable provisions of law may constitute an offense punishable by fine er imprisonment or both. Damon-~Alfis Zoning Inspector (cert. mail) - ( : L : cai Criminal ourt TOWN OF Southold ~- l lD% VIOLATION INFORMATION STATE OF NEW YORK ) COUNTY OF SUFFOLK ss TOWN OF: $OUTHOLD ) Charles Smithen 2600 Oregon Road Mattituck, NY 11952 ) Defendant(s) Th~ undersigned Town Employee of tho Town of Southold, being duly sworn, says thai On and be~0re May 16, 2011 at 2600 Oregon Road, Mattituck, Town of Southold, County of Suffollq 8tare of New York the defendant Charles SmRhen wrongfully, intentionally, knowingly, reoklessly, with criminal negligence., committed the offense of violating Southold Town Code Section 250-130(B) § 280-130. Approval of site plan rcxluired. B. No regrading, clearing, tree removal or any other work in preparation of future use ora site~ ~xcept limited clearing ncexled to undertake survey work or soils investigations, may take place or be permitted to take p,lacc ~til the sitc plan ~as been approved by the Planning Board. .~ .~ To wit; the defendant did re-grade, clear, install drainngc and do other site wOrk in preparation of opening an outdoor 'lasting patio, without first obtaining a site plan approval from the Southold Town Planning Board. This complaint is based on pcrsonal observation and tho records and fries of the bailding and planning departments. SWORN TO BEFORE ME THIS I "7'-~ DAY OF Signature of OffioiM Administering Oath Notary Public Title Town of Southold £a/Ea qgVcl xx: -4,qTIF-.FIP tq-flHIIq{3S 8BBE§CJZIE9 9b:bl tlOa/Bg/t0 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 June 29, 2011 Patrieia C. Moore Attorney at Law 51020 Main Road Southold, NY 11971 PLAN?q'I. NG BOARD OFFICE TOWN OF SOUTHOLD Re: Sherwood House Vineyards SCTM#1000-100.-4-5.3 Dear Ms. Moore, I am writing as a follow up to the Planning Board Work Session held'on June 27, 2011 where the above-referenced site plan was discussed. Please revise the site plan in accordance with the following Planning Board requirements and re-submit to the Planning l~epiutment. 1. Provide thirty-five (35) parking stalls at a minimum dimension of 9'x19' that meet all code requirements including a 221~. space for vehicles to pull out and exit safely. Provide as many of these as possible on the subject property. Pursuant to §280-77 in thc Southold Town Code. 2. Provide a fully executed, legally-binding written agreement regarding additional off-street parking that identifies the exact location & size of the parking area, and the duration of the agreement. Thc site's operation is conditioned on the provision of the full 35 spaces required. The off-site parking area should be displayed identifying the proposed entrance and exit along Oregon Road, and signage in thc area for patron notification. 3. A landscaped front yard setback at a minimum of 25ft. The parking lot should be no closer than 25 feet to the proporty linc abutting Oregon Road. 4. Provide a layout of thc front yard landscaping, including plant type and size. 5. A ten (10) foot minimum side yard setback between thc parking area and thc propeay line to thc West with an evergreen buffer. Evergreen buffer shall consist of 5-6 foot Arborvitae, Eastern Red Cedar or Thuja plicata (Weatem Red Cedar). 6. Site plan approval is dc'pendent on the issuance of a Certificate of Occupancy by the Building Department for the existing pool, which is necessary in order to provide a safe site area for patrons and children. Sherwood House PaRe Two June 29, 2011 7. Please include the locations on the site plan for: 1) Proposed dumpster(s), 2) Proposed portable sanitmy facilities, and 3) the existing fueling area at the Southwest comer of the property, and note any safety zones or setbacks required by other agencies, as well as the use of the area (fuel station, etc). 8. Pursuant to §172 of the Southold Town Code, please include and indicate the quantity, location and specifications of any end all lighting. 9. Pursuant to §280-80...90 of the Southold Town Code, please include and indicate the size, design and location of any end all signage. 10. On the site plen, please indicate the location of the edge of the grape vines relevant to the subject property. 11. Oregon Road must be Saw Cut to provide a clean line for this new pavement section and all new pavements within the Town owned R.O.W. must meet minimum requirements of the Highway Specifications. This would include a 4" thick stone blend base, a 2.5" Asphalt Binder and a 1.5" top wearing course between the existing line of pavement and the property line. 12. Drainage calculations have not been provided and are required to meet the minimum requirement of Chapter 236 for Storm Water management. 13. Grades and/or elevations must be provided for new parking and patio areas. All new impervious surfaces must be incorporated into drainage calculations that will show containment of a 2" rainfall to comply with Chapter 236. 14. Gravel surfaces and brick patios constructed as permeable pavement are required to utilize a 60% runoff coefficient. 15. Hay bale and silt fencing should be indicated on the plan to prevent silt and/or construction debris fi'om entering the Town R.O.W. or adjacent properties. Installation details must be shown on the plan to provide proper installation. 16. Handicap spaces should consist of asphalt or other smooth end compact parking lot surfaces for the purpose of handicap accessibility. Please, if you have any questions regarding this site plan or its process do not hesitate to call this office. Sincerely, Brien A. Cummings Planner PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (631) 765-4643 Margaret Rutkowski Betsy Perkins Secretaries July 11, 2011 Mr. Martin Sidor, Chairman and Southold Town Planning Board 53095 Main Road P.O.Box ! 179 Southold, NY 11971 By Hand for Heating Hearing: July 11,2011 Re~ Dear Mr. Sidor: Sherwood House Vineyard S CTM# 1000-100-04-5.4 We are in receipt of your Planner's letter dated June 29, 2011 requesting certain changes to our site plan. Sherwood House Vineyard is an existing farm winery located at 2600 Oregon Road, Mattituck with an existing outdoor tasting area on Elijah's Lane, Mattituck which has been in operation on the same property for over 12 years and established pursuant to Agriculture & Markets Law and ia accordance with the Town's Right to Farm Law. Unlike all the other wineries in Southold, Sherwood House Vineyard intentionally keeps their wine tasting intimate, outdoors, and seasonal. They produce French Style wines and purposely maintain the agricultural atmosphere. The site plan has been revised to include the items you requested. As to item 1 (Parking): There are no structures proposed for the wine tasting, they have outdoor and seasonal tables and chairs on the patio (an outdoor area of 622 sq.fi.; 14' patio and 25' deck). If the patio was a Winery structure, we would require a maximum of 3 spaces. Your request to provide 35 parking spaces, applying the retail use parking schedule, would presume a 7,000 sq.fi. Wine Tasting Room. This parking requirement in your letter exceeds all reasonable calculations. Sherwood House Vineyard is "punished" by not having a year round structure. Comparing your parking calculations to existing year round winery structures, the 35 parking spaces are equivalent to the parking required by the Board with the site plan review of Gristina Vineyard (now Macari) with 36 parking spaces based on a 5,000 sq.fi. Winery Building and 2,450 tasting room or site plan review of Bidwell Winery with 33 parking spaces based on a 7,000 sq.fi. Winery and 2,032 tasting room. The parking requirements historically applied to wine tasting structures are calculated based on significant structures, used for year round tasting (and events), as well as the parking required for production facilities and storage. Sherwood House Vineyard has 8 tables with four chairs ( seating for 24 guests). The open air seating area only extends a few feet in the grass south of the deck. The vines extend into the non-development fights area. Under the most restrictive parking schedule used for calculating restaurant seating (1 space per 3 seats) a maximum of 8 spaces would be required.. Sherwood House knows the needs of their customers and the amount of parking required by an open air & seasonal tasting area. In response to item 1 of your letter, we have shown on the site plan 9 parking spaces with a maximum of 18 spaces. The parking shown on the site plan exceeds the number of spaces legally required under the parking calculations in the Southold Town Code (280-77 Retail Use). We believe that build-out of all the parking shown on the site plan is excessive and unnecessary. Build-out of the parking lot undermines my client's desire to maintain the pastoral look of the property. We would propose land banking the easterly row of parking spaces in order to maximize the green space. In the event that the lease with Mr. Roewhl terminates and additional parking is necessary the additional parking will be improved. Please accept our parking calculations, as shown on the site plan, with land banking to maintain the residential look of the property. Irt accordance with your request, item 2 (lease). Enclosed is a fully executed lease from our · neighbor Robert Roewhl. His property, directly across Sherwood House Vineyard parking area, an open filed 10ft x 200' will accommodate over 35 cars. Since this area will rarely be used, a hand crafted sign will be used to direct off-gite parking for Sherwood House Vineyard. Where more than I0 cars are parked in the leased area, Sherwood House staffwill direct the parking and ingress and egress from the site, as needed. As to item 3 (Perennial Garden): My client intends to landscape the front 25 feet along Oregon Road of the parking area. The 25' is presently grass and a tree. As to item 4 (perennial garden noted on the plan): Charles Smithen is an avid gardener, as is evident by the landscaping of his property. Charles and Barbara Smithen planted the perennials and trees presently on the property. As to item 5: You requested an evergreen buffer. The proposed parking area was cut more than 10 feet from the property line. In order to plant the evergreen buffer, an existing dense natural buffer of mature shade trees, cedar trees and wild rose bushes would need to be removed. The existing buffer keeps the property looking more natural and removal of the existing mature vegetation will most certainly upset our neighbor. Enclosed photographs (#1 & 2) of the natural buffer. As to item 6 (Pool CO): The pool is protected with a custom built pool fence which consists of post & rail with wire and landscaping, however, a second standard chain link fence is being installed around the existing fence in order to close out the certificate of occupancy for the pool. As to item 7: location of the dumpster (enclosed with a fence), portable sanitary, and existing agricultural fueling station on the agricultural land has been located on the site plan. As to item 8: minimum lighting is proposed (cuts attached) As to item 9: signage is shown- their sign will match the existing sign. As to item 10: the location of the vines is shown- the vines are planted South of the development rights sold property line. Consequently, the size of the outdoor "tasting area" used by Brian to calculate the parking is much smaller than. As to item 11: The curb cut will'be constructed in accordance with the Highway Specifications. As to item 12: The architect has provided the drainage calculations. Drainage will not enter the Town Road or adjacent properties; however, we will discuss with the Town Engineer passive drainage systems which maintains the natural drainage ofthe property and irrigates the landscaping. As to item 13: The property is fiat and patios and parking areas will be properly pitched to address the drainage requirements on the properly. Also drainage calculations are provided. As to item 14: Drainage caiculations of the permeable surfaces are provided. As to item 15: hay bales & silt fence will be noted. As to item 16: handicap compliant parking space & walkway will'be provided yer~ t~r~i~lrs, (,._~..~Patlq~ia C. Moore cc: SherwOod House Vineyard HINKLEY AGLOW' 1537BZ, LED60 Accent Lighting Width: 4,25" Heighl: 5.13" Weight: 1 lbs. Bulb: 8.5w LED UPC: 640665153729 Notes Hinkley Ughting, Inc. [ 12800 8erea Road I C{eveland, OH 44111 I 216.67].3300 I 216,671.4537 fax HINKLEY HINKLEY AGLOW 1561 AR-LED Path Lighting Width: 7,5" Height: 21" Bulb: 1.5w 12v Voltage: 12v UPC: 640665156133 Notes Hinkley Lighting, Inc. I 12600 Berea Road I Cleveland. OH 44111 I 216,671.33011 I 216.671.4537 fax v~ww.hln kleylighting .corn I www.hinkleyland scs pelighting,com I www.fredrickr amond,com HINKLEY LEASE THIS LEASE AGREEMENT made and entered into as of ~;k ~ ll.~ , by and between Robert (Butch) Roewhl, (Landlord), residing at 2755 Oregon Road, Ma~.ttu~k NY 11952 and Sherwood House Vineyard, LLC with principal offices at 2600 Oregon Road, Mattituck, New York 11952 (tenant) 1. PREMISES Landlord hereby leases, upon terms and conditions of this lease, to tenant, a portion of the premises known as Suffolk County Tax Map #1000-100-2-6.2 which consists of 200 feet along Oregon Road and a depth of 150 feet, south of an agricultural barn and two silos, and situated directly across Tenant's property; said leased area is shaded in red on the attached survey. Said open area will accommodate over 35 vehicles. 2. TERMS This lease shall be for a term of one year, commencing July 1,201 land automatically renewed annually at tenant's option. 3. RENTAL Tenant agrees to pay Landlord at 2755 Oregon Road, New York 11952 or sUch other place as landlord may designate, an annual rental of $ _ . _ ,_, and such other consideration, for use of said premises. Said rental shall be payable on January 1,2011, and annually on the first day of January. 4. USE Tenant shall use the premises for parking, as needed, for the Sherwood House tasting area located directly across from the leased premises, said tasting area being located on tenant's property at 2600 Oregon Road. Tenant shall conform to all laws, roles and regulations governing or regulating said use. 5. INDEMNITY Tenant hereby assumes ail risk of loss or damage to Tenant's property within the leased premises and further indemnifies and holds harmless the Landlord against any and all liability, claims, damages and costs, for injury (including death) of any person which may occm on the premises by reason of acts or omissions of the Tenant. Tenant shall not permit any liens to be attached to the premises. Tenant agrees to carry and maintain at his own expense throughout the entire term of this lease a policy or policies of insurance in which the landlord shall be named as an insured,.insudn~ aeainst death or injut~ to persons and damage to property in an amount not less than $ ' _ combined single limit for both bodily injury and property damage liabi~iity typ[ claims. Prior to taking possession of the premises, tenant shall deliver to landlord a certificate of the insurance company issuing such insurance, evidencing such coverage. 6. SUBORDINATION This lease and the Tenant's rights are subject and subordinate to ail present and future (a) institutional mortgages on the leases or the premises; (b) agreement securing money paid or to be paid by the lender paid under any mortgages; and ( c ) terms, conditions, renewal, changes of any kind in and extensions of the mortgages or leases or lender agreements. Tenant must promptly execute any certificates that Landlord requests to show this lease is real and subordinate. 7. COMPLIANCE WITH AUTHORITIES Tenant must, at Tenants cost, promptly comply with all law, orders, rules and directions of all governmental authorities, insurance carriers or Board of Fire Underwriters or similar group which are applicable to Tenant and/or Tenant's use of the premises. Tenant may not do anything which increases Landlord's insurance premiums. 8. BANKRUPTCY If (1) Tenant assigns the property or lease for the benefit of creditors, (2) Tenant files a voluntary petition or involuntary petition is filed against Tenant under any bankruptcy or insolvency law, or (3) a trustee or receiver of Tenant or Tenant's property is appointed, Landlord may give Tenant 30 days notice of cancellation of the term of this lease. If any of the above is not dismissed within the 30 days, the term shall end as of the date stated in the notice. Tenant must continue to pay rent, damages, losses, and expenses without offset. 9. NO WAIVER Landlord's failure to enforce any terms of this lease shall not prevent Landlord from enforcing such terms at a later date. 10. QUIET ENJOYMENT Landlord agrees that if Tenant is not in default under the lease, Tenant may peaceably and quietly have, hold and enjoy exclusive use of the premises for the term of this lease, subject to the right of Landlord to the use of their barns. 11. ASSIGNMENT Tenant shall not assign this lease without Landlord's consent, which consent shall notJle u~.eusonably withheld. The parties have executed this lease as of the date first above written. Tenant: Sher~oo.d House Vineyard, L.L.C. by ~/41/~I/ ~ , Manager Landlord: Robert (Butch) Roewhl WINE-TASTING PATIO & DECK z <~,~ LLI ~0 ( LEASED FUTURE PAF~ING OVERFLOW - 35 SPACES MINIMUM) PROPOSED SITE Pt. AN o,dO~ t~Oe~° PLANNING BOARD MEMBERS MARTIN H. 81DOR Chair KENNETH L. EDWARDS JAM~S I-L RICH HI DONALD J. ~R'iLCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD M_Ar~.~I(~ ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main 1:Id. & Yotr~gs Ave.) Southold, NY Telephone: 6~1 765-19~8 Fax: 631 765-3136 August 2, 2011 Patricia C. Moore, Esq. 51020 Main Road South01d, NY 11971 RE: Site Plan for Shenvood House Vineyards SCTM #1000-100-,4-5.3 & 5.4 Dear Ms. Moore: :On July 25, 2011, the Planning Board discussed the referenced project.and the status. of the pending violations of the Town Code and the Development Rights Easement on your clients' property. As you know, your clients were placed on notice in July 2010 that' the operation of a tasting room is not a permitted use of the PDR lands since retail sales of wine do not constitute agricultural production as defined in the Easement and in our Town Code. A copy of Melissa Spiro's letter is attached for your convenient reference. Thereafter, your clients were served with a Cease and Desist Notice on August 5, 2010, which cited both the violation of the Easement and the operation of a business and winery without site plan approval. A copy of the'Zoning Inspector's Cease and Desist Notice is also attached. It is clear from the record of the proceeding before the Planning Board that your clients have continued to operate a retail wine operation on the Town's Easement despite the aforesaid notices. Please be advised that, pursuant to §280-131(M) of the Town Code, the Planning Board has the right to deny the site plan application based upon the applicant's lack of compliance with the Southold Town Code..While the Planning Board would like to complete its review of this site plan, further review must be suspended until such time as your clients have cured the existing violations; The economic hardship claimed by your clients does not justify their continuous and blatant violation of the Town's Easement Rights. Upon certification from the Zoning Inspector of your clients' compliance with the Cease and Desist Notice, the Planning Board will re-open its review of the site plan. If, Patricia C. Moore, Esq. August 2, 2011 Page 2 however, certification is not received within 30 days, the Planning Board reserves the right to deny the site plan in accordance with {}280-131 (M). If you have any questions regarding this site plan or its process, please do not hesitate to call this office. Very truly yours, Wilcenski, Vice Chairman Donald J. Southold Town Planning Board Enclosures cc: Martin D. Finnegan, Town Attorney Lod M. Hulse, Assistant Town Attorney Danmn Rallis, Zoning Inspector Melissa Spire, Land Preservation Coordinator STATE OF NEW YORK DEPARTMENT OF AGRICULTURE AND MARKETS 10B Airline Drive Albany, New York 12235 Division of /igricultun~l P~tec~ion and Development Services 518-457-7076 Faro 518-457-2716 August5,2011 Mr. Marfin H. Sidor, Chair Town of Southold Planning Board P.O. Box 1179 Southold, NY 11971 Re: Review of Town of Southold's Code for Compliance With Agriculture and Markets Law Section 305-a, Subdivision 1 Dear Chairman Sidor: The Department receiv~l a rsquest from Patricia C. Moore, Attorney for Chades and Barbara Smithen, for a formal review of the Town of Southold's Code for compliance with Agriculture and Markets Law (AML) §305-a, subdivision 1. According to Ms. Moore's request, the Town suspended its site plan review for an open air wine tasting area. Pursuant to AML §305-a, subdivision 1, local governments are prohibited from enacting and administering laws that would unreasonably restdct farm operations located within an agricultural district unless it can be shown that the public health or safety is threatened. AML §301, subd. 11 defines "farm operation" as "...the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, livestock and livestock products as a commercial enterprise, including a 'commercial horse boarding operation' as defined in subdivision thirteen of this section." The Department performs all reviews on a case-by-case basis, based on the specific facts of a situation. In examining whether a local law is unreasonably restrictive, the Department considers several factors, including, but not limited to: the cost of compliance for the farm operation affected; whether the requirements will cause a lengthy delay in the construction of a farm building or implementation of a practice; whether the requirements adversely affect the farm operator's ability to manage the farm operation effectively and efficiently; whether the requirements restdct production options which could affect the economic viability of the farm; and the availability of less Martin Sider Page 2 onerous means to achieve the locality's objective. The Department also considers whether a State law, regulation or standard applies to the regulated activity. The Department evaluates whether an unreasonable restriction exists and, if it does, whether it can be shown that the public health or safety is threatened by the farm operation or activity which the Town seeks to regulate. Pdor to making a decision as to whether a local law unreasonably restricts a farm operation within an agricultural district, the Department considers all pertinent information submitted by the affected farm \'qger. a~r;.i~d the provisions of the local law involved. We also take into account any facts or circumstances that the locality may wish to bdng to our attention regarding the issue presented. Therefore, the Town is encouraged to submit, within 30 days of receipt of this letter, any information or documentation which it would like the Department to consider in this review. Thereafter, the Department will inform the Town of its determination and, if it is concluded that an unreasonable restriction exists, we will ask the Town to provide any evidence it may have of a threat to the public health or safety. I have included a copy of the Department's guidance document, Local Laws and the Agricultural District's: How Do They Re/ate? for you reference. If you have any questions, or would like to discuss the review process, please contact Matt Brewer, Agricultural Resources Specialist, at (518) 457-2713. Sincerely, Manager, Agricultural Protection Unit CC: Patdcia C. Moore, Esq. Chades and Barbara Smithen Matt Brower, Dept. of A&M Ken Schmitt, Chair, Suffolk County AFPB Damon Rallis, Zoning Inspector Martin D. Finnegan, Attorney, Town of Southold Local Laws and Agricultural Districts: How Do They Relate? Counties, towns and villages in New York State have broad powers to enact laws to govern their own affairs. However, State laws impose certain restrictions on local government authority. One such restriction is found in Section 305-a of the Agriculture and Markets Law winch contains the following mandate: "Local governments, when exercising their powers to enact and administer comprehensive plans and local laws, ordinances, roles or regulations, shall exercise these powers in such manner as may realize the policy and goals set forth in tins article [Article 25-AA of the Agriculture and Markets Law], and shall not unreasonably restrict or regulate farm op- erations within agricultural districts in contraven- tion of the purposes of this article unless it can be shown that the public health or safety is threat- ened? .~:~ ~ This brochure has been prepared by the New York State Department of Agriculture and Markets to assist municipalities in drafting local laws and ordinances winch may affect farming in an agricultural district. It should not be substituted for legal advice from a muni- cipality's attorney. The brochure also offers guidance to farmers and municipalities on the application of Section 305-a. The Commissioner of Agriculture and Markets may independently initiate a review o fa proposed or existing local law or ordinance or proceed upon the request ora farmer or municipality in an agricultural district. The following describes the procedure for requesting review, how the local requirements are analyzed, and reme- diated, if necessary. PROCEDURE Questions concerning the impact of local laws and ordinances on farm operations are solved far more easily at the drafting stage than after the provision is in place. Municipalities are, therefore, encouraged to contact the Department, either by phone or in writing, in advance of enacting a law or ordinance which may restrict farming in an agricultural district. The Department will provide Andrew M. Cuomo Darrel J. Aubertine Governor Commissioner 2/11 an informal, non-binding response to such inquiries. Similarly, a farmer or other affected party in a district may seek the Department's informal opinion on a pro- posed or existing law or ordinance without filing a com- plaint. Farmers A request for review must be provided in writing and include at least the following information: n the location of the farm operation and identification of the agricultural district in winch it is situated; · a description of the affected farm operation (e.g. size of farm, type of enterprise, years in operation); · a description of the specific farm buildings, equip- ment or practices involved and how they are af- fected; · a copy of the complete local law or ordinance and identification of the specific section or sections in- volved; · a listing of involved parties who can be contacted for further information (including addresses and phone numbers). Subsequent to receiving a request for review of a local law or ordinance, the Department will contact the municipality involved and provide them with an oppor- tunity to respond~ Municipalities A request for review must be provided in writing and include at least the following information: · the identification of the agricultural district(s) af- fected; · a description of the specific law or proposed law and how farm buildings, equipment or practices are or may be affected · a copy of the complete local law or ordinance and identification of the specific section or sections in- volved; · a listing of involved parties who can be contacted for further information (including addresses and phone numbers). ANALYSIS The Department examines several factors in evaluat- ing whether a local law or ordinance is in compliance with Section 305-a. Tests that must be met in each case are as follows: · Is the affected farm located within an agricultural district? Section 305-a only applies to farm operations in an agricultural district. · Does the regulated activity encompass farm opera- tions? Section 301(11) of the Agriculture and Markets Law defines "Farm Operation" as meaning: "...the land and on-farm buildings, equipment, manure processing and handling facilities, and practices which contribute to the production, preparation and marketing of crops, li- vestock and livestock products as a commercial enter- prise, including a "commercial horse boarding opera- tion'' as defined in subdivision thirteen of this section and "timber processing" as defined in subdivision fourteen of this section and "compost, mulch and other biomss crops" as defined in subdivision sixteen of this section. For the purpose of this section, suer farm op- eration shall also include the production, management and harvesting of "farm woodland", as defined in sub- division three of this section. Such farm operation may consist of one or more parcels of owned or rented land, which parcels may be contiguous or nonconti- guous to each other. The definition of "crops, lives- tock and livestock products" is found in Section 301(2). Only farm operations are protected by Section 305-a. The Department draws on the expertise of its program and legal staff, and other resources as needed, to ~e these determinations. structs a building on a dead-end street, shielded from view, and near the only available water source. A reasonable exercise of authority in one locality may translate into an unduly burdensome restriction on farming in another. In sum, reasonableness depends on the totality of circumstances in each~ease. · Is the public health or safety threatened by the re- gulated activity? Even if the Department determines that a particular law or ordinance is unreasonably restrictive, it must also ask whether the public health or safety is threatened by the regulated activity. If so, it could withstand the limi- tations of Section 305-a. REMEDIES If the Department determines that a local law or or- dinance unreasonably restricts or regulates farm opera- tions in an agricultural district, it will notify the in- volved municipality to that effect and attempt to arrive at a mutually satisfactory resolution. In the case where a municipality rejects the Department's attempts at remed- iation, the Commissioner of Agriculture and Markets is explicitly authorized by law to bring an action to enforce Section 305-a. Alternatively, the Commissioner may issue an Order to comply, pursuant to Section 36 of the Agriculture and Markets Law. · Does the local law or ordinance unreasonably re- strict or regulate? The evaluation of reasonableness consists of two parts: 1) whether the law or ordinance is unreasonably restrictive "on its face," and 2) whether it is unreason- ably restrictive as applied to a particular situation. Some laws or ordinances are so vague that they inhibit farmers from undertaking certain activities or con- structing certain buildings out of concern for violating the law or ordinance. In this case, it is possible that the law or ordinance, because of its vague construc- tion, could be construed as unreasonably restricting a farm operation. An ordinance may also appear reasonable in the ab- stract, but may unreasonably restrict or regulate a par- ticular farmer. For example, many zoning ordinances impose setback requirements for structures in the in- terest of public safety or even aesthetics. These set- backs may be entirely reasonable under usual condi- tions, but may be construed as being unreasonably re- strictive if applied to a farmer who, for example, con- Requests for general information or assistance, and formal written complaints alleging violations of Section 305-a, should be directed to: Agricultural Districts Program Administrator New York State Department of Agriculture and Markets I0B Airline Drive Albany, NY 12235 Phone: (518) 457-2713 2/11 08/0312011 14:41 HOORE LAW les PATRICIA C. MOORE Attorney at Law 51020 Main RoM 5outhold, New York 11971 b kX)6317654643 P.0011002 Tel: (631) 765~1330 Fax: (6:51) 765-4643 August 3, 2011 Southold Town Planning Board Donald J, Wilcenski, Vice Chairman 53095 Main Road Southold, NY 11971 (By Fax) House Vineyard (Smitl~on) Re: Sherwood SCTM#1000-100-4-5,3 & 5.4 Dear Mr. Wilcenski: We are in receipt of your letter dated August 2, 2011. Section 280-131 (M) is misapplied to these facts and your refusal to continue review of the site plan is a violation of the Town Code and my client's constitutional dghts. The Planning Board has no authority to be judge and jury of the alleged code violation. We advised Land Preservation in July 2010 that we did not agree with their conclusion that Sherwood House Vineyard's open air tasting was not permitted on Development Rights Easement. We advised them that we intended to contest this allegation to the fullest extent of the law. Thereafter, the building department issued cdminal summons for "operating without a site plan" (not violation of Development Rights Easement). These matters are pending in Southold Justice Court and, pursuant to the U.S. Constitution, we are innocent of the criminal charges, uritil proven guilty after trial. In good faith and despite our firm belief that we do not violate Development Rights easement and that no site plan is required, Charles and Barbara Smlthen submitted a site plan to your Board. As you know the Town has taken the position that we can not relocate to Oregon Road without obtaining site plan approval first. Your actions have made it impossible to resolve the Land Preservation objections. Moreover, we have submitted a site plan which requires your review and comment. We believe that we have met all the Town Code site plan requirements, and the site plan is ready to be approved. We are ready to complete the site improvements as soon as the site plan is approved. In light of the Planning Board's unreasonable actions, we have filed with New York State Department of Agriculture & Markets a request to review the Town of Southold actions and regulations, as applied to Sherwood House Vineyard. We believe that the Town's actions constitute a violation of New York State Agriculture & Markets Law. 0810312011 14:42 HOORE LAN ~ 6317654643 P.002/002 Paricia C. Moore A~omey ~ ~aw Augu~ 3,2011 Sherwood Hous~ Vineyard (Smithen) Page 2 The New York State Department of Agriculture & Markets will review our application and give the Planning Board an opportunity to comment. This process could take more time than site plan review and our voluntary relocation. The Department of Agriculture and Markets could find that my client's a~ivities on their farm land, regardless of the Development Rights easement, is permitted. Therefore, we would not have to relocate. Furthermore, the Department of Agriculture and Markets ~ould also find that we do not require site plan review for an open air, seasonal, wine tasting area, therefore the justice court proceeding will be moot and the Planning Board site plan application will be withdrawn. Despite the expense and disruption to their established business, my clients were willing to relocate to Oregon Road and make the improvements shown on the proposed site plan. If the Planning Board wishes to expedite the relocation from the Development Rights Easement to Oregon Road please continue to review the site plan and approve the proposed site plan at your next meeting. We continue to try to resolve the disputes amicably. ~e Martin Finnigan, Town Attorney Loft M. Hulse, Assistant Town Attorney Damon Rallis, Zoning Inspe~or Melissa Spiro, Land Preservation Coordinator Southold Town Board PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town H~dl Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To'- From: Date: Re: Michael J. Verity, Chief Building Inspector Brian Cummings, Planner August 1, 2011 Sherwood House Vineyards SCTM#1000-100.-4-5.3 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. Enclosed is the recently revised site plan. Description: This site plan is for the proposed construction of two patios, one of brick at 160 s.f. and the other a cedar deck at 490 s.f. for an outdoor wine tasting area that will include a 4,453 s.f. gravel parking lot with a connecting paved footpath. Thank you for your cooperation. Encls: Site Plan PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. VfILCENSKI August 2,2011 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 681 765-1938 Fax: 631 765-3136 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 RE: Site Plan for Sherwood House Vineyards SCTM #1000-100-4-5.3 & 5.4 Dear Ms. Moore: On July 25, 2011, the Planning Board discussed the referenced project and the status ~ of the pending violations of the Town Code and the Development Rights Easement on your clients' property. As you know, your clients were placed on notice in July 2010 that the operation of a tasting room is not a permitted use of the PDR lands since retail sales of wine do not constitute agricultural production as defined in the Easement and in our Town Code. A copy of Melissa Spiro's letter is attached for your convenient reference. Thereafter, your clients were served with a Cease and Desist Notice on August 5, 2010, which cited both the violation of the Easement and the operation of a business and winery without site plan approval. A copy of the Zoning Inspector's Cease and Desist Notice is also attached. It is clear from the record of the proceeding before the Planning Board that your clients have continued to operate a retail wine operation on the Town's Easement despite the aforesaid notices. Please be advised that, pursuant to §280-131(M) of the Town Code, the Planning Board has the right to deny the site plan application based upon the applicant's lack of compliance with the Southold Town Code. While the Planning Board would like to complete its review of this site plan, further review must be suspended until such time as your clients have cured the existing violations. The economic hardship claimed by your clients does not justify their continuous and blatant violation of the Town's Easement Rights. Upon certification from the Zoning Inspector of your clients' compliance with the Cease and Desist Notice, the Planning Board will re-open its review of the site plan. If, Patricia C. Moore, Esq. August 2, 2011 Page 2 however, certification is not received within 30 days, the Planning Board reserves the right to deny the site plan in accordance with §280-131(M). If you have any questions regarding this site plan or its process, please do not hesitate to call this office. Very truly yours, Donald J. Wilcenski, Vice Chairman Southold Town Planning Board Enclosures cc: Martin D. Finnegan, Town Attorney Lori M. Hulse, Assistant Town Attorney Damon Rallis, Zoning Inspector Melissa Spiro, Land Preservation Coordinator WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, July 25, 2011 4:00 p.m. Applications Project name: i Winston Eve Location: 'i 3450 Private Road #13, Uattituck Description: [ Standard Subdivision of a 5.58 acre parcel into two lots, where Lot 1= 1.84 acres (80,003 s.f.) and Lot 2 = 3.7 acres (163,044 s.f.) in the R-80 i~.Z9 r~in Q ?.!st r.!c.t ~ Status: Pend ng Attachments: ~n~ Project name: Colon}, Pond i SCTM#: 1000-52-5-60.3 Location: on the s/s/o Colony Road, approximately 470' e/o Bayview Avenue, in Southold parcel into five lots where Lot 1 = 35,567 sq. ft.; Lot 2 = 336,916 sq. ft., inclusive of a 41,424 sq. ft. building envelope and 6.8 acres of preserved open space; Lot 3 = 30,471 sq. ft.; Lot 4 = 30,029 sq. ft. and Lot 5 = 29 358 sq. ft. in the R-80 Zon ng D str ct Status: Cond t ona Sketch Approval Action: Consider setting Preliminary Plat Hearing at 8/8/11 Public Meeting for 9/12/11. Location: == 860 Nokomis Road, Southold Description: i This proposal is a Standard Subdivision of a 1.32 acre parcel into two lots where Lot 1= 0.60 acres (26,340 s.f.) and Lot 2 = 0.71 acres (31,057 i s..) ............................................. in the R-40 Zon ng D str ct Status: Pending Action: Review .application for acceptance by.. Planning Board. Atta~hme.n~.; ..... ~taff..Repor! ....................................... Description: This site plan is for the proposed construction of two brick patios, one atr 160 s.f. and the other at 706 s.f., for an outdoor wine tasting area that willi Status: . Pending Attachments; i st~. ~log. r~ ............................................. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLI3AVi J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: James Richter, Engineering Inspector From: Brian Cummings, Plarm~r Date: July 20, 2011 Re: Sherwood House Vineyards Application Name: Sherwood House Vineyards SCTM#: 1000-4.-5.3 Location: 2600 Oregon Road, Mattituck Type of Application: Sketch Subdivision Map Preliminary Subdivision Map Final Subdivision Map (Dated: ) (Dated: ) (Dated: ) Road Proffies (Dated: ) Grading and Drainage Plans (Dated: ) Other (Dated: ) Site Plan (Dated: ) Revised Site Plan (Dated: July 12~ 2011) Grading and Drainage Plans Other (AS BUILT) (Dated: ) (Dated: ) Project Description: This site plan is for the proposed construction of two patios, one of brick at 160s.f. and the other a cedar deck at 490 s.f. for an outdoor wine tasting area that will include a 4,453s.f. gravel parking lot with a connecting paved footpath. Thank you for your cooperation.' Lanza, Heather From: ,Sent: To~ Subject: Patdcia C. Moore [pcmoorel@optonline.net] Thursday, July 14, 2011 9:29 AM Lanza, Heather Sherwood House Hi Heather- I was asked to forward this letter to you and the Board. Could you please forward it to the Board. Thank you. Pat July 13,2011 Southold Town Planning Board P.O. Box 1179 Main Rd. Southold, NY 11971 To Whom It May Concern: This letter is in support of Sherwood House Vineyards project to move their Garden Tasting Room area to their Oregon Rd. site with a total of 9 parking spots on the south side of Oregon Rd. and overflow parking of 36 spots on Butch Rowehl property across the street on the north side of Oregon Rd. I have to ask you folks why with the additional overflow parking of 36 spots directly across from Sherwood House Vineyard you would require Sherwood House Vineyards to add 9 more parking spots on their site. As you all know times are "tight" and to add another 9 parking spots on their site on the south side of Oregon Rd. makes no sense whatsoever and would add an additional expense and take away from the ambience of a small Garden Tasting Area. I would encourage the Planning Board to accept the plans as submitted by Sherwood House Vineyard and allow a small business in Southold to continue to survive. I would like to have a member of the Planning Board respond to my correspondence at your earliest convenience. Thank you, Stephen D. Mudd Lanza, Heather From: Sent: To: Cc: Subject: Patricia C. Moore [pcmoorel@optonline. net] Tuesday, July 12, 2011 12:59 PM Lanza, Heather Sherwood42@aol.com sherwood house Hi Heather, A neighbor asked that this letter be forwarded to the Board and made a part of the file. Thank you. To Southold Planning Board: My name is Leslie Benway, and I reside and am a property owner at 3320 Oregon Road, Mattituck, NY. It was my intent to attend the hearing regarding Sherwood Vineyards but due to a business commitment, I was unable to attend in person and am therefore taking the liberty of submitting my point of view to you in writing. I reside very close to the Sherwood Tasting Room, and have since they opened up; in fact I am just one house and a barn away. As someone who is very cognizant about the impact some of these situations can have, I can without doubt advise you that this tasting room being open has never impacted my families quality of life or our neighborhood. I have never seen a limousine or a bus at the tasting room or on my road contrary to previous comments at the hearing, and the Vineyard owners have taken great strides in ensuring that this has not effected their local neighbors. On the stillest of days, when in my yard, I hear no music or crowd noise from any vineyard or tasting room on Oregon whiles sitting in my yard and in fact Oregon Road is not effected by the traffic since the proposed location is a stones throw from Elijah. I, humbly, find all this nonsense about Sherwood house to be quite ironic as they have proven themselves to be more than worthy of running a business without impacting their neighbors and to that end, I want to speak out on their behalf to unequivocally give my support of this endeavor. I would hope that the board will consider my point of view given my close proximity to the proposed location. I commend them for their commitment to the neighborhood as shown for the many years the current tasting room has been open, and look forward to the same commitment when they open their new location. Respectfully, Leslie Benway 3320 Oregon Road Mattituck, NY 11952 PLANNII~G BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fgx: 631 765-3136 July 12, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Close Hearing: Proposed Site Plan for Sherwood House Vineyards Located at 2600 Oregon Road, +/- 460 ft. west of Elijah's Lane, Mattituck SCTM#1000-100-4-5.3 Zoning District: A-C Dear Ms. Moore: A public hearing was held by the SoutholdTown Planning Board on Monday, July 11, 2011 regarding the above-referenced Site Plan. The public hearing was closed. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (631) 765-4330 Fax: (63 !) 765-4643 Margaret Rutkowski Betsy Perkins Secretaries July 11,2011 Mr. Martin Sidor, Chairman and Southold Town Planning Board 53095 Main Road P.O.Box 1179 Southold, NY 11971 By Hand for Hearing Hearing: July 11,2011 Re: Dear Mr. Sidor: Sherwood House Vineyard SCTM# 1000-100-04-5.4 JUL 1 2 2011 We are in receipt of your Planner's letter dated June 29, 2011 requesting certain changes to our site plan. Sherwood House Vineyard is an existing farm winery located at 2600 Oregon Road, Mattituck with an existing outdoor tasting area on Elijah's Lane, Mattituck which has been in operation on the same property for over 12 years and established pursuant to Agriculture & Markets Law and in accordance with the Town's Right to Farm Law. Unlike all the other wineries in Southold, Sherwood House Vineyard intentionally keeps their wine tasting intimate, outdoors, and seasonal. They produce French Style wines and purposely maintain the agricultural atmosphere. The site plan has been revised to include the items you requested. As to item 1 (Parking): There are no structures proposed for the wine tasting, they have outdoor and seasonal tables and chairs on the patio (an outdoor area of 622 sq.ft.; 14' patio and 25' deck). If the patio was a Winery structure, we would require a maximum of 3 spaces. Your request to provide 35 parking spaces, applying the retail use parking schedule, would presume a 7,000 sq.fl. Wine Tasting Room. This parking requirement in your letter exceeds all reasonable calculations. Sherwood House Vineyard is "punished" by not having a year round structure. Comparing your parking calculations to existing year round winery structures, the 35 parking spaces are equivalent to the parking required by the Board with the site plan review of Gristina Vineyard (now Macari) with 36 parking spaces based on a 5,000 sq.ft. Winery Building and 2,450 tasting room or site plan review of Bidwell Winery with 33 parking spaces based on a 7,000 sq.ft. Winery and 2,032 tasting room. The parking requirements historically applied to wine tasting structures are calculated based on significant structures, used for year round tasting (and events), as well as the parking required for production facilities and storage. Sherwood House Vineyard has 8 tables with four chairs ( seating for 24 guests). The open air seating area only extends a few feet in the grass south of the deck. The vines extend into the non-development rights area. Under the most restrictive parking schedule used for calculating restaurant seating (1 space per 3 seats) a maximum of 8 spaces would be required.. Sherwood House knows the needs of their customers and the amount of parking required by an open air & seasonal tasting area. In response to item 1 of your letter, we have shown on the site plan 9 parking spaces with a maximum of 18 spaces. The parking shown on the site plan exceeds the number of spaces legally required under the parking calculations in the Southold Town Code (280-77 Retail Use). We believe that build-out of all the parking shown on the site plan is excessive and unnecessary. Build-out of the parking lot undermines my client's desire to maintain the pastoral look of the property. We would propose land banking the easterly row of parking spaces in order to maximize the green space. In the event that the lease with Mr. Roewhl terminates and additional parking is necessary the additional parking will be improved. Please accept our parking calculations, as shown on the site plan, with land banking to maintain the residential look of the property. In accordance with your request, item 2 (lease). Enclosed is a fully executed lease from our neighbor Robert Roewhl. His property, directly across Sherwood House Vineyard parking area, an open filed 100' x 200' will accommodate over 35 cars. Since this area will rarely be used, a hand crafted sign will be used to direct off-site parking for Sherwood House Vineyard. Where more than 10 cars are parked in the leased area, Sherwood House staffwill direct the parking and ingress and egress from the site, as needed. As to item 3 (Perennial Garden): My client intends to landscape the front 25 feet along Oregon Road of the parking area. The 25' is presently grass and a tree. As to item 4 (perennial garden noted on the plan): Charles Smithen is an avid gardener, as is evident by the landscaping of his property. Charles and Barbara Smithen planted the perennials and trees presently on the property. As to item 5: You requested an evergreen buffer. The proposed parking area was cut more than 10 feet from the property line. In order to plant the evergreen buffer, an existing dense natural buffer of mature shade trees, cedar trees and wild rose bushes would need to be removed. The existing buffer keeps the property looking more natural and removal of the existing mature vegetation will most certainly upset our neighbor. Enclosed photographs (#1 & 2) of the natural buffer. As to item 6 (Pool CO): The pool is protected with a custom built pool fence which consists of post & rail with wire and landscaping, however, a second standard chain link fence is being installed around the existing fence in order to close out the certificate of occupancy for the pool. As to item 7: location of the dumpster (enclosed with a fence), portable sanitary, and existing agricultural fueling station on the agricultural land has been located on the site plan. As to item 8: minimum lighting is proposed (cuts attached) As to item 9: signage is shown- their sign will match the existing sign. As to item 10: the location of the vines is shown- the vines are planted South of the development rights sold property line. Consequently, the size of the outdoor "tasting area" used by Brian to calculate the parking is much smaller than. As to item 11: The curb cut will be constructed in accordance with the Highway Specifications. As to item 12: The architect has provided the drainage calculations. Drainage will not enter the Town Road or adjacent properties; however, we will discuss with the Town Engineer passive drainage systems which maintains the natural drainage of the property and irrigates the landscaping. As to item 13: The property is flat and patios and parking areas will be properly pitched to address the drainage requirements on the property. Also drainage calculations are provided. As to item 14: Drainage calculations of the permeable surfaces are provided. As to item 15: hay bales & silt fence will be noted. As to item 16: handicap compliant parking space & walkway will be provided Very (._~..Patrii~ia C. Moore cc: Sherwood House Vineyard HINKLEY AGLOW 1537BZ-LED60 Accent Lighting Width: 4.25" Height: 5.13" Weight: 1 lbs. Bulb: 8.5w LED UPC: 640665153729 Notes Hinkiey Lighting, Inc. I 12600 Berea Road I Cievei8nd, OH 44111 I 216.671.3300 I 216.671.4537 fax www hinkleylighting.com I www hinkleylandscapeligbting,com I www.fredrickramond corn www.facebook.com/hinkleylig6ting I www.youtube.com/hinkleylightinginc HINKLEY FR£DR~C~K R~MOND HINKLEY AGLOW 1561AR-LED Path Lighting Width: 7.5" Height: 21" Bulb: 1.5w 12v Voltage: 12v UPC: 640665156133 Notes Hi~kley Lighting, Inc I 12600 I~erea Road [ Cleveland, OH 44111 I 216.671.3300 I 216,671.4537 fax www.hinkleylighting.com I www.hinkleylar~dscapelighting,com I www fredrickramond.com www.facebaok.com/hinkleylighting I www youtube.com/hinkleylighti~ginc HINKLEY FREDRIC~ R.4MOND LEASE THIS LEASE AGREEMENT made and entered into as of ,,~tt,,k, ~ Itt , by and between Robert (Butch) Roewhl, (Landlord), residing at 2755 Oregon Road, Ma~tu4k NY 11952 and Sherwood House Vineyard, LLC with principal offices at 2600 Oregon Road, Mattituck, New York 11952 (tenant) 1. PREMISES Landlord hereby leases, upon terms and conditions of this lease, to tenant, a portion of the premises known as Suffolk County Tax Map #1000-100-2-6.2 which consists of 200 feet along Oregon Road and a depth of 150 feet, south of an agricultural barn and two silos, and situated directly across Tenant's property; said leased area is shaded in red on the attached survey. Said open area will accommodate over 35 vehicles. 2. TERMS This lease shall be for a term of one year, commencing July 1,201 land automatically renewed annually at tenant's option. 3. RENTAL Tenant agrees to pay Landlord at 2755 Oregon Road, New York 11952 or such other place as landlord may designate, an annual rental of $ , · and such other consideration, for use of said premises. Said rental shall be payable on January 1,2011, and annually on the first day of January. 4. USE Tenant shall use the premises for parking, as needed, for the Sherwood House tasting area located directly across from the leased premises, said tasting area being located on tenant's property at 2600 Oregon Road. Tenant shall conform to all laws, rules and regulations governing or regulating said use. 5. INDEMNITY Tenant hereby assumes all risk of loss or damage to Tenant's property within the leased premises and further indemnifies and holds harmless the Landlord against any and all liability, claims, damages and costs, for injury (including death) of any person which may occur on the premises by reason of acts or omissions of the Tenant. Tenant shall not permit any liens to be attached to the premises. Tenant agrees to carry and maintain at his own expense throughout the entire term of this lease a policy or policies of insurance in which the landlord shall be named as an insured,,insurin~ aealnst death or injury to persons and damage to property in an amount not less than $" -- combined single limit for both bodily injury and property damage liability typ~ claims. Prior to taking possession of the premises, tenant shall deliver to landlord a certificate of the insurance company issuing such insurance, evidencing such coverage. 6. SUBORDINATION This lease and the Tenant's fights are subject and subordinate to all present and future (a) institutional mortgages on the leases or the premises; (b) agreement securing money paid or to be paid by the lender paid under any mortgages; and ( c ) terms, conditions, renewal, changes of any kind in and extensions of the mortgages or leases or lender agreements. Tenant must promptly execute any certificates that Landlord requests to show this lease is real and subordinate. 7. COMPLIANCE WITH AUTHORITIES Tenant must, at Tenants cost, promptly comply with all law, orders, rules and directions of all governmental authorities, insurance carriers or Board of Fire Underwriters or similar group which are applicable to Tenant and/or Tenant's use of the premises. Tenant may not do anything which increases Landlord's insurance premiums. 8. BANKRUPTCY If (1) Tenant assigns the property or lease for the benefit of creditors, (2) Tenant files a voluntary petition or involuntary petition is filed against Tenant under any bankruptcy or insolvency law, or (3) a trustee or receiver of Tenant or Tenant's property is appointed, Landlord may give Tenant 30 days notice of cancellation of the term of this lease. If any of the above is not dismissed within the 30 days, the term shall end as of the date stated in the notice. Tenant must continue to pay rent, damages, losses, and expenses without offset. 9. NO WAIVER Landlord's failure to enforce any terms of this lease shall not prevent Landlord from enforcing such terms at a later date. 10. QUIET ENJOYMENT Landlord agrees that if Tenant is not in default under the lease, Tenant may peaceably and quietly have, hold and enjoy exclusive use of the premises for the term of this lease, subject to the right of Landlord to the use of their barns. 11. ASSIGNMENT Tenant shall not assign this lease without Landlord's consent, which consent shall not be unreasonably withheld. The parties have executed this lease as of the date first above written. Tenant: Sherwood House Vineyard, L.L.C. by Landlord: Robert (Butch) Roewhl ROBERT ROWEHL. Mary Anne Co¢ 5045 Elijah's Lane Mattituck, NY 11952 July 9, 2011 Mmtin H. Sidor, et al, Planning Board, Southold Town, PO Box 1179, Southold, NY ! 1971 Raymond Huntington, et al, Land Preservation Committee, Southold Town Damon Rallis, Code Enforcement, Southold Town Scott A. Russell, Supervisor, Soathold Town j ~ ~_ ~ ~ ~ Albert J. Krnpski, Jr., et al, Southold Town Board Peter W. Harris, Superintendent of Highways, Southold Town Martin Finnegan, Esq., Town Attorney, Southold Town Robert M. Haggerty, Deputy Commissioner, NYS Dept. of Agriculture & Markets, 1 OB Airline Dr., Albany, NY 12235 Paul A. TeNyenhuis, District Manager, Suffolk County SWCD, 423 Griffing Ave, Ste. 110, Riverbead, NY 11901 Dear Sirs: Please refer to the July 12, 2010 letter from the DeparUnent of Land Preservation, Town of Southold to Charles and Barbara Smithen, Sherwood House Vineyards. Please note that at that time, the deer fence referred to had not yet been erected on my property line or on Elijah's Lane: that work was completed after that date. The letter states that the committee passed a 'MOTION to approve the June 25, 2010 request to install deer fencing, subject to Resolution of the violation oftbe Easement with respect to the retail and non-agricultural production uses of the property occurring within the Easement area.' I assert that since the violation continued right through the construction period and continues still to date, that the fence was erected unlawfully and therefore should be removed in its entirety. If approval for the deer fenc~ is not revoked outright, please consider the following: I did not see any mention of the completion of the deer fence around the preservation property. I was told that it was not permitted to section out a small portion of the fence for the purpose of preserving the bucolic view of the vineyard from my front yard. Therefore I would assume it is also not permissible to do anything but complete the fence behind the Smithen house, pool and 'sculpture garden' with the same materials and presentation as it appears on Elijah's Lane. The NYS Dept. Of Ag & Markets grant given to the Smithens is detailed in Contract Number C011019 and had a required completion date of September 15, 2010, which has long passed. In addition to this requirement, the contract states that 'The Contractor [Suffolk County SWCD] is responsible for complying with all local, state and federal laws applicable to work performed under this Agreement' and that 'These general conditions cannot be changed.' 1 assume no review of the project has been completed, as it is clearly not complete and in violation of leeal code. As neither the sale of development rights nor the deer fence grant is considered purely economic assistance, I assume that the language of the contract requirements is binding. It is my opinion that the Smithens feel they have the right to follow the rules and regulations only as far as it suits them. Special consideration was given the Smithens regarding the placement of the fence on Elijah's Lane. I propose that the fence be removed from town property. Please include discussion of the deer fence, its removal, legality or completion when considering the site plan proposed for a wine-tasting area on Oregon Road, Mattituck. Sincerely, Mary Anne Coe Enes. .AGREEMENT New York State Department of Agriculture and Markets 10B Airline Drive Albany, NY 12235-000t Agency Code 06000 Contract Authority: Chapter 55 and 53 of the Laws of 2008 Contract Pedod: Renewal Date: Federal ID: Contractor Nam'e/Project Sponsor: Suffolk County SWCD Street: 423 Griffing Avenue, Suite 110 city: Riverhead Contract Number: C01 1 01 9 Amount of Agreement: $960,000 111107 to 3131110 11-6000464 State: NY Zip: 11901 Billing Address (if different from above): Street: City: State: Zip: Title/Description of Project: Deer Fence Grant Program THIS AGI~=~=MENT INCLUDES THE FOLLOWING: [] This Coversheet [] Appendix A (Standard Clauses for all New York State Contracts) [] Appendix B (Project Budget) [] Appendix C (Scope of Work or RFP and Proposal) [] Appendix D (The Department's General Conditions) [] Appendix E (The Department's Special Conditions) [] Appendix F - Other (Identify) FOR AMENDMENTS CHECK THOSE THAT APPLY: [] Additional Work [] Extension of Time From to [] Increase Amount [] Decrease Amount [] Renewal: Remaining [] Revised Budget [] Revised Scope of Work [] Other If Increase/Decrease in Amount: Previous Amount: Increase/decrease New Total: The Contractor and the Deparb.ent agree to be bound by the terms and conditions contained in this Agreement CONTRACTOR NYS DEPARTMENT OF AGRICULTURE & ~ARKETS Signature of Contractor's Authorized Representative: Date: Typed or Pd~d Name of Abov:/:{epresentative: Title of Authodzqd Representative: Notary Public: On this,,L.~.day of~, 20 O~ before me personally appeared ~,~,,d d -/~, ~Jy;~,o/~ ,~, s , to me known, and known to me t~ be the same person who executed the above instrument and duly a~knowledged the execution of the same. Attorney "~)VED AS T~'i~bfVl. C ~sQe ~f New ym'k Ik CoueUy Signature of Authorized ~ Date: ,.,p- I '1 - Typed or Printed Name of Above Official: ROBERT M. HAGGERTY )fficial: First Deputy Commissioner Title of Authedzed Official State Agency Certification: In addition to the acceptance of this contract, I also certify that odginal copies of this signature page will be attached to all other exact copies of this contract. Approved: Thol By: Date: Ell JUL 2 2 2009 COUNTY OF SUFFOLK SOIL AND WATER CONSERVATION DISTRICT FAX:(631)727-3160 Steve Levy SUFFOLK COUNTY EXECUTIVE Paul A. TeNyeuhuis, CPESC DISTRICT MANAGER (631)727-2315 x3 April 27, 2010 Dear Grant Participants: This serves as a reminder that your Deer Fencing Grant funds are being held for you until you complete your installation and have it inspected by us to ensure that it meets the USDA Natural Resources Conservation Service Standards and Specifications. The deadline for this program is September 15~, 2010 for your installation. It MUST be inspected by then. Please inform us when you have completed your installation so we can make arrangements to inspect it. The sooner it is installed, the sooner you can receive the funding. If you CANNOT do the installation in a timely manner, please inform us immediately (in writing) so that we may give your funding to the next person on the waiting list. It is of utmost importance to ensure that we use all of the funding within this timeframe. Any funding that does not get expended will be looked upon by the State as funding we do not need. Our District Director Joseph Gergela is working closely with Senator LaValle to fund another round of oost sharing for this specific purpose. We need to show that all of the funding is expended in order to prove that it was needed. If you do drop out of the program without informing us in writing so the funds can be.released to another participant you will not be considered in the next round of Deer Fence Grant Fund Cost Sharing Programs administered by and through the Soil and Water Conservation District. Respectfully, Paul A. TeNyenhuis, CPESC 423 GRIFFING AVENUE SUITE 110 RIVERHEAD, NY 11901 APPENDIX D GENERAL CONDITIONS FOR AGREEMENTS NEW YORK STATE DEPARTMENT OF AGRICULTURE AND MARKETS These general conditions apply to the administrative aspects of the agreement and reflect New York State's contract record keeping and payment procedures, These general conditions cannot be changed. PAYMENT Payment shall be made to the Contractor under this Agreement upon the submission of a payment request (standard voucher), the required progress report and a budget report in the format prescribed by the Department. The Contractor shall submit all requests for payment and reports to the following address: NYS Department of Agriculture and Markets, Division of Fiscal Management, 10B Airline Drive, Albany, NY 12235. Invoices, Standard Vouchers and any reports will not be considered received by the Department and any interest which may be due the Contractor will not begin to accrue until they have been received by the Division of Fiscal Management. Initial payment to the Contractor under this Agreement shall not be made unless the Contractor shall have submitted to the Department a written payment request together with such information as required by the Agreement. Initial payment shall not be due until the latter of either the last day of the eleventh calendar month of the term of this Agreement, or the thirtieth calendar day after receipt of the payment request, where contract funds have been appropriated and made available to the Department. Payments shall not be made if the Contractor fails to file the progress reports and budget reports, if any, as required by this Agreement. The Contractor's payment requests shall include a statement of expenses and charges by major budget category for work actually performed or expenses incurred in accordance with the terms of this Agreement during the period covered by the request. Upon examination of the Contractor's payment requests and supporting material, the Department may, in its sole discretion, modify or adjust the amount requested to reflect contract funds expended as of the date of the request. Subsequent to its review and approval of the payment request, the Department will transmit the request to the Comptroller for payment. Append~ D C011019 COMPLIANCE WITH LOCAL, STATE AND FEDERAL LAWS The Contractor is responsible for complying with all local, state and federal laws applicable to work performed under this Agreement. TERMINATION The Department may terminate this Agreement for convenience upon giving thirty (30) days written notice to the Contractor. This Agreement may be terminated at any time upon mutual written consent of the Department and the Contractor. Upon termination, the Contractor shall immediately cease work and prepare a statement of costs, expenses and non-cancelable commitments incurred as of the date of such termination. The Department may terminate this Agreement for cause upon giving one (1) days written notice. The Contractor's failure to perform in accordance with the terms of this Agreement due to circumstances reasonably beyond the Contractor's control should not constitute cause for termination pursuant to this provision. In the event of such failure to perform, the Department may, at its option, either grant the Contractor a specified period in which to correct its performance, or terminate this Agreement in accordance with this paragraph. MODIFICATION This Agreement may not be modified unless such modification is made in writing, executed by the Department and the Contractor and approved by the Attorney General and Comptroller of the State of New York. NECESSARY SIGNATURES If the financial limit under this Agreement exceeds Fifty Thousand Dollars ($50,000) this Agreement shall not be binding and effective upon the Department unless and until approved by the Attorney General and the Comptroller of the State of New York. Appendk D 5 C011019 PLANNING BOARD TOWN Of SOUTHOLD: NEW YORK In the Matter of the Application of SHERWOOD HOUSE VINEYARDS AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as 1000-100-4-5.3 COUNTY OF SUFFOLK) STATE OF NEW YORK) I, BARBARA SMITHEN, residing at 2600 Oregon Road, Mattituck, NY 11952 being duly sworn, depose and say that: On the ~day of July, 2011, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet of the front property line facing the street(s) where it can easily be seen; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing datev~as shown to be MONDAY, JULY 11,2011 at 6:04 p.m."~' ..t/c.~''/~."~'~"~"~/~ BARBARA SMITHEN Sworn to before me this (~ day of ~.J ~::3 ~'/ BETSY A. pERKiNS /~Notary 15ubli ~ ~2~p~r$~ ~u~ ;,n~ // ~ pfibliC,No. 01PE01S~te3~6 ol New ~o~ *near the entrance or driveway entrance of the property, as the area most visible to passersby. 07/1~8t2011 12:56 H00RE LAH 0F~ES ~1.08.2011 0:1:53 ]?N B~'RWOOD ~AX~31~,~13 P.0021002 631779281~ PA(~, 1/ 1 PLANNING BOARD TOWN OF tiOUTHOLD: NEW YORK In Ihw ~ of the ,,~ppll~on of HOUSE VINBYARD~ R~ludlng P=dlng of ~lgn Upon Aep~e Lmnd IdentSed M 1000-100-ar6,a COUNTY oP SUF~"OLI0 STATE OF NEW YORK) X AFR~AVIT - -. 81GN POITING '* !"'" ,JUL 77 20ii, I, BARBARA 8MITHEN, m~kll~ .12800 Omgen Road, IdaC,d(, NY 11982 laelne dub/mw~m, d~oee and may thee On the,j, Ydmy ef July, 2011, I personally pl~d the Town'l dfmbll Pomr, yah the date of heeling and nature re'the applloation nQbed themmon, i~arely upon the property, ~ ten (10) feet of the front property line faolng the Mw) whim It mm e~slly be ~; and that I hereby eoralrm that the Peeter has mmalnecl In place for Mven d.)m ~er ~ the date of the euia~eu-t hearing da'm, which healing date warn mhown ia be MONClAY, JULY 11,201 t M 0:04 p.m. ,,,~ _ _~ *near em entmnoe or cktveway entrance d the property, il ~he ~ meet vimble t= PATRICIA C. MOORE Attorney at Law 51020 Main Road Southeld, NewYork 11971 Tel: (831) 795-4330 Fax: (631) 78,5-4~43 FACSIMILE COVER SHEET Thepegeecomprtsingthiefeceimi~etren~mi~i~nc~ntein=~nfiden~ia~inf~rmati~nfr~mPatri~iaC~Mnore~ This Information la Intended solely ~ use by the individual entity named aa the reoiplent hereof, If you are not the intended recipient, be aware that any disclosure, copying, distribution, or use of the contents of Jhis transmissioll is prohibited. If you have received this transmission in error, please notify us by telephone lmrnecllately so we may arrange to retrieve this transmis~lon at no coat to you. DATE: '~ - ~' ~' ~ ~ TOTAL NUMBER OF PAGES INCLUDING COVER SHEET IF TRANSMISSION IS FAULTY OR INCOMPLETE, PLEASE CALL BACK AS SOON AS POSSIBLE. CLIENT NAME: OPERATOR:. commenm: ~. PATRICIA C. MOORE, AI-I'ORNEY AT LAW 51020 Main Road Southold, NY 11971 (631) 765-4330 emall: pcmoorel @optonline.net ~DATE II/~MO LETTER SUBJECT SIGNED Please rep/y [~ No reply necessary PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK In the Matter of the Application of SHERWOOD HOUSE VINEYARDS (Name of Applicant) CTM Parcel #1000-100-4+5.3 COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF MAILINGS I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 29th day of June, 2011, I personally mailed at the United States Post Office in Southold, 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 ( X ) 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. /(BSigfi'at'b~e) //) / ETSY PERKINS Sworn to before me this ~ 7-// day of.,,~me, 2011 ( (N~'tary Public) - MARGARET C RUTKOWSKI Notary Public, State of New York No. 4982528 Qualified In Suflotk Coun~f Commission Expires June 3. 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. MOORE LAW OFFIC£ 51020 MAIN ROAD L SOUTHOLD NY 11971 2 Addresaee o By: (P,~ese Cle~fly) 71,/I, MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 51020 MAIN ROAD SOUTHOLD NY 11971 C. Date of Delivery D, Addressee'$ Address 4. Restricted Delivery? (Extra Fee) [] Yes CERT 7192 6463 3110 0000 7192 6463 3110 0000 93' 1. Article Addressed To: JONATHAN & JENNIFER SHIPMAN PO BOX 1472 MATTITUEK NY 11952 (Extra Fee) [] Yes 2. Article Number 7192 6463 3110 0000 7192 6463 3110 0000 93~ 1, Article Addressed To: CHARLES & BARBARA SMITHEN 2600 OREGON ROAD MA?TITUCK NY 11952 7192 6463 3110 0000 942 I. Article Addressed To: L&R VINEYARDS ASSOC. 7 PENN PLAZA NEW YORK NY 10001 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 119~1 2- Article Number ~ I 7192 6463 3110 0000 7192 6463 3110 0000 932 1. Article Addressed To: DENNIS DEERKOSKI ABERSMITH DEERKOSKI 4895 ELIJAHS LANE MATTITUCK NY 11952 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 Date of Delivew 4, Restricted .Delivery? 3. Service T~ (Extra Fee) [] Yes CERTJ 2. Article Number 7192 6463 3110 0000 7192 6463 3110 0000 947 1, Article Addressed To: sAddress RUSSELL WEISS PO BOX 641 CENTER MORICHES NY 11934 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 ZFF I4. Restricted Delivery? 3. Service Ty (Extra Fee) [] Yes CERTI~ 2. Article Number 7192 6463 3110 0000 7192 6463 3110 0000 948, Article Addressed TO: RUSSELL WEISS PO BOX 641 CENTER MORICHES NY 11934 MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 ,gent) Received By: (Please Print Clearly) Delivery Address City State h~RE LAW~ 51020 MAIN ROAD SOUTHOLD NY 11971 zip MOORE LAW OFFICE 51020 MAIN ROAD SOUTHOLD NY 11971 Sigpa, Lur~ [[3Addressee or D~gent) Date of Delive I I 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Y es CERTIFIED 2. Article Number 7192 6463 3110 0000 9372 7192 6463 3110 0000 9372 Article Addressed To: ROBERT B. & MARY ANNE COE 5045 ELIJAHS LANE MATTITUCK NY 11952 4. Restricted Delivery? 3. Service Type (Extra Fee) [] Yes CERTIFIE 2. Article Number 7192 6463 3110 0000 9358 7192 6463 3110 0000 9358 t. Article Addressed To: GORDON R. HEINS 2200 OREGON ROAD MATTITUCK NY 11952 '1, 7192 6463 3110 0000 9464 1. Article Addressed TO: ROBERT ROWEHL 2755 OREGON ROAD MATTITUCK NY 11952 ~4. Restricted Delivery 3. Service Type // 2. Article Number / 7192 6463 3110 0000 9464 Gordon R. Heins 2200 Oregon Road Mattituck NY 11952 sctm: 1000-100-4-5.2 SHERWOOD HOUSE VINEYARDS SCTM: 1000-100-4 5.3 L&R Vineyards Assoc. 7 Penn Plaza New York NY 10001 sctm: 1000-101-1-5 Charles & Barbara Smithen 2600 Oregon Road Mattituck NY 11952 sctm: 1000-100-4-5.4 Robert Sidor 645 Mill Creek Drive Southold NY 11971 sctm: 1000-100-4-6.2 Robert B. & Mary Anne coe 5045 Elijahs Lane Mattituck NY 11952 sctm: 1000-100-4-9 RPMS Inc. LLC 4 Madsen Street Mt. Sinai, NY 11766 sctm: 1000-100-2-7 Dennis Deerkoski Abersmith Deerkoski 4895 Elijahs Lane Mattituck NY 11952 sctm: 1000-100-4-10 Robert Rowehl 2755 Oregon Road Mattimck NY 11952 sctm: 1000-100-2-6.3 Jonathan & Jennifer Shipman PO box 1472 Mattituck NY 11952 sctm: 1000-100-4-11 Robert Rowehl 2755 Oregon Road Mattimck NY 11952 sctm: 1000-100-2-6.2 Felix Deerkoski PO box 248 Mattituck NY 11952 sctm: 1000-101-1-2.6 Russell Weiss PO box 641 Center Moriches NY 11934 sctm: 1000-100-2-5.5 Martin Sidor and others 2010 Oregon Road Mattituck NY 11952 sctm: 1000-100-4-4 Russell Weiss PO box 641 Center Moriches NY 11934 sctm: 1000-100-2-5.4 RECEIPT 7192 6463 3110 00CO 9359 FROM: FROM: RE: Sherw (~y~y, s t~ . 2~~ /~/ ~ ~o~ e Vineyards FEES: FEES: Postage 0.44 Po~tage 044 TOTAL $ 5,59 TOTAL $ 5,59 POSTMARK OR DATE POSTMARK OR DATE RECEIPT 7192 6~6 02 Maffituck NY 11952 RECEIPT 7192 64~3 3119 0000 9419 ~P~i::~ '/i: ~E: ~herwood House Vineya ds ~,,~D TO: ~.f~t in Sidor and Others FEES: FEES: Postage 044 Postage 044 Certified Fee 285 Certified Fee 285 Return Receipt 2 30 Return Receipt 2 30 Restricted Restricted TOTAL $ 5.59 TOTAL $ 5.59 POSTMARK OR DATE POSTMARK OR DATE RECEIPT RECEIPT 7192 6463 3110 0000 9457 7192 6463 3110 0000 9464 FROM: FROM: Moore I:a~ Moore Law Office RE: S h/e~o~o d ~Ouse VIr~ards RE: Sherwood House Vineyards SENDTO: SEND TO: ~ ' 2755 Oregon Road '~ N R~e~t Roweh g?,~50~go. ~ /.. '_'-:/ Mattituck ~1952 '~ M aff*J t u C k N'Y~ ~1 ~1~?_/,~/. FEES: ~ / FEES: Certified Fee : tl£ ~5' Cerilfied Fee 285 TOTAL $ 5.59 TOTAL $ 5.59 POSTMARK OR DATE POSTMARK OR DATE RECEIPT 7192 6463 3110 CO90 9372 FROM: SE~ Post~g ',: ~ :¢~0:44 TOTAL $ 5.59 POSTMARK OR DATE FEES: Postage 0~4 Certified Fee 285 Return Receipt 230 Restricted TOTAL $ 5.59 POSTMARK OR DATE RE~T RECEIPT 7192 6463 3110 00OO 9389 7192 6463 3110 00OO 93~ FROM: FROM: / % ;"' FROM: ~ ~. FROM: RECEIPT 7192 6463 3110 9(300 9433 SEND TO' ' ~ ' " SEND TO: ¢ FEES: Postage 044 Certified Fee 285 Return Receipt 2 30 Restricted TOTAL $ 5.59 POSTMARK OR DATE FEES: FEES: - Postage 0 44 Postage 044 Ceriifled Fee 285 Certified Fee 285 Return Receipt 2 30 Return Receipt 2 30 Restricted Restricted TOTAL $ 5,59 TOTAL $ 5.59 POSTMARK OR DATE POSTMARK OR DATE RECEIPT 7192 6463 3110 0000 9440 FROM: SEND T~: / RPMS 1! tct~C FEES: . TOTAL $ 5.59 POSTMARK OR DATE RECEIPT 7192 6463 3110 0000 9471 RECEIPT 7192 6463 3110 0000 9488 FROM: FROM: FEES:' :.~- ~, / Posta~ ~'" ~Z4 FEE ~ TOTAL $ 5.59 TOTAL $ 5.59 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 June 29, 2011 CERTIFIED MIL RETURN RECEIPT REQUESTED RE: SHERWOOD HOUSE VINEYARDS PROPERTY: 2600 OREGON ROAD, MATTITUCK SCTM: 1000-100-4-5.3 Dear Neighbor: I represent the above with regard to their site plan application for open air seating for wine tasting associated with the vineyard and the Southold Town Planning Board has scheduled a public hearing. Enclosed is a copy of the site plan. The entire file is available at the Planning Board office between 8:00 and 4:00 p.m. The hearing on this matter has been scheduled for Monday, July 11, 2011 at 6:04 p.m. at Southold Town Hall. If you have any questions, or you wish to support this application, please do not hesitate to contact me. ~ V~ l~ours~ /~_~Pa~ricia C. Moore PCM/bp encls. C: Sherwood House Vineyards Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a site plan; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-100-4-5.3; 3. That the property which is the subject of this application is located in the A-C Zoning District; That the application is for the proposed construction of two brick patios, one at 160 s.f. and the other at 706 s.f. for an outdoor wine tasting area that will include a 3,888 s.f. gravel parking lot with connecting paved footpaths. The property is located at 2600 Oregon Road, 460 ft. +/- west of Elijah's Lane, Mattituck; That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet by sending an e-mail message to: CaroI.Kalin@town.southold.ny.us; The Planning Board Office will be closed on Monday, July 4th. That a public hearing will be held on the matter by the Planning Board on Monday, July 11, 2011 at 6:04 p.m. in the MeetinR Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Charles & Barbara Smithen/Sherwood House Vineyards Date: 6/14/11 EXIST PAVED WALK 140SF 353.08' 35308' S 59o44'00' W MATTITUCK TOWN OF SOUTHOLD NEW PATIO SHERWOOD HOUSE VINEYARDS mC) 0 tY n PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMEBS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSFLI June 29, 2011 Patricia C. Moore Attorney at Law 51020 Main Road Southold, NY 11971 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P,O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 S~ate Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 Re: Sherwood House Vineyards SCTM#1000-100.4-$.3 Dear Ms. Moore, I am writing as a follow up to the Planning Board Work Session held on June 27, 2011 where the above-referenced site plan was discussed. Please revise the site plan in accordance with the following Planning Board requirements and re-submit to the Planning Department. 1. Provide thirty-five (35) parking stalls at a minimum dimension of 9'x19' that meet all code requirements including a 22tL space for vehicles to pull out and exit safely. Provide as many of these as possible on the subject property. Pursuant to §280-77 in the Southold Town Code. 2. Provide a fully executed, legally-binding written agreement regarding additional off-street parking that identifies the exact location & size of the parking area, and the duration of the agreement. The site's operation is conditioned on the provision of the full 35 spaces required. The off-site parking area should be displayed identifying the proposed entrance and exit along Oregon Road, and signage in the area for patron notification. 3. A landscaped front yard setback at a minimum of 25ft. The parking lot should be no closer than 25 feet to the property line abutting Oregon Road. 4. Provide a layout of the front yard landscaping, including plant type and size. A ten (10) foot minimum side yard setback between the parking area and the property line to the West with an evergreen buffer. Evergreen buffer shall consist of 5-6 foot Arborvitae, Eastem Red Cedar or Thuja plicata (Western Red Cedar). Site plan approval is dependent on the issuance of a Certificate of Occupancy by the Building Department for the existing pool, which is necessary in order to provide a safe site area for patrons and children. Sherwood House Pa.qe Two June 29,2011 10. 11. 12. 13. 14. 15. 16. Please inchide the locations on the site plan for: 1 ) Proposed dumpster(s), 2) Proposed portable sanitary facilities, and 3) the existing fueling area at the Southwest comer oftbe property, and note any safety zones or setbacks required by other agencies, as well as the use of the area (fuel station, etc). Pursuant to §172 of the Southold Town Code, please include and indicate the quantity, location and specifications of any and all lighting. Pursuant to §280-80...90 of the Southold Town Code, please include and indicate the size, design and location of any and all siguage. On the site plan, please indicate the location of the edge oftbe grape vines relevant to the subject property. Oregon Road must be Saw Cut to provide a clean line for this new pavement section and all new pavements within the Town owned R.O.W. must meet minimum requirements of the Highway Specifications. This would include a 4" thick stone blend base, a 2.5" Asphalt Binder and a 1.5" top wearing course between the existing line of pavement and the property line. Drainage calculations have not been provided and are required to meet the minimum requirement of Chapter 236 for Storm Water management. Grades and/or elevations must be provided for new parking and patio areas. All new impervious surfaces must be incorporated into drainage calculations that will show containment of a 2" rainfall to comply with Chapter 236. Gravel surfaces and brick patios constructed as permeable pavement are required to utilize a 60% runoff coefficient. Hay bale and silt fencing should be indicated on the plan to prevent silt and/or construction debris from entering the Town R.O.W. or adjacent properties. Installation details must be shown on the plan to provide proper installation. Handicap spaces should consist of asphalt or other smooth and compact parking lot surfaces for the purpose of handicap accessibility. Please, if you have any questions regarding this site plan or its process do not hesitate to call this office. Sincerely, Brian A. Cummings Planner SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)-765-9015 JAMES A. RICHTER, R.A. ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel. (631) -765 - 1560 JAMIE.RICHTER~TOWN.S OUTHOLD.NY.US OFFICE OF THE ENGINEER TOWN OF SOOTHOLD Martin H. Sidor Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 June"2h',2011 Re: Sherwood House Vineyards ,~3g 9~ 7 ?.D'~ 2600 Oregon Road, Mattituck SCTM #: 1000 - 100 - 04 - 5.4 & 5.3 Dear Mr. Sidor: As per a request from your office, I have reviewed the Site Plan prepared by the office of CMS Architecture & Design, dated 4/6/11, for the installation of new parking lot and patio areas. Please consider the following: 1. The site plan indicates that a new curb cut will be required to accommodate site access to the new parking area. Oregon road must be Saw Cut to provide a clean line for this new pavement section and all new pavements within the Town owned R.O.W. must meet the minimum requirements of the Highway Specifications. This would include a 4" thick stone blend base, a 2.5" Asphalt Binder and a 1.5" top wearing course between the existing line of pavement and the property line. 2. Drainage calculations have not been provided and are required to meet the minimum requirement of Chapter 236 for Storm Water management. 3. Grades and/or elevations have not been established for the new parking & patio areas. All new impervious surfaces must be incorporated into drainage calculations that will show containment of a 2" rainfall to comply with Chapter 236. 4. Gravel surfaces and brick patios constructed as permeable pavement will be required to utilize a 60% runoff coefficient. 5. Hay bale and silt fencing should be indicated on the plan to prevent silt and/or construction debris from entedng the Town ROW or adjacent properties. Installation details must be shown on the plan to provide proper installation. 6. Handicap parking should be required. The number of spaces will be left to the determination of the Planning Board. Please keep in mind, this parking should consist of asphalt or other smooth parking lot surfaces for the purpose of handicap accessibility. CC: If you have any questions regarding this review, please contact my office. Peter Harris, Highway Superintendent /~James A. Richter, R.A. Applications WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, June 27, 2011 4:00 p.m. -15~J~:;~-e~ ......... -~i:~e~'~';~¥e-~"ii~ .................... t SCTM#: t 1000-22-3-2 · ~a~r~i- .......... ?~i'~-h'~-w~-~:l~,-~:ermin~-~-~'ie right-of-way-~-~-~ ~nds north ..................... fro_m_ K_a~_e.~_h's Court in East Marion Description: Standard Subdivision of an 11.4418-acre parcel into two lots, where Lot totals 3.7667 acres, including 1.7229 acres of open space, and Lot 2 totals 7.6751 acres, including 4.6711 acres of open space, in the R-80 ....................... Z_o n_i_n_ g District. Status: Conditional Preliminary Approval Action: Applicant to present an alternative proposal for access. Attachments: None .'~LProject name: T-Winston, Eve -I SCTM#: I 1000-105-1-4 ocation: 3450 Private Road #13, Mattituck Description: Standard Subdivision of a 5.58 acre parcel into two lots, where Lot 1= 1.84 acres (80,003 s.f.) and Lot 2 = 3.7 acres (163,044 s.f.) in the R-80 , Zon!n~ District. ~t,o~ ................. j qonsider whg~her ~'~~~0~ ..... , ....... '" .... . , ff Repod .............. Limb vio , LLC t' SCT : 1 000-S3-3-2.2 Location: _~. 222' +/- east of Cox Lane & Oregon Road, Cutchogue Description: I This Site Plan is for the proposed conversion of an existing 5,~-6{~-s~{~ .... I agricultural storage building to a wine-tasting room and dry storage i building and includes a 10,427 s.f. bluestone parking lot and a 1,440 s.f. i br_igk_p.a.t_io. i Status- "Pendin,~ [..Actio_n: ..... ~ Review comme~{s~ ~_(~_j'~{'~'i ...... ~, Shen~ood House Vineyards ~-~ ................ 2~'~ ~ad MaEituck ........................................... ~ 160 s.f. and the other at 706 s.f. for an outdoor w ne tasting area that will~ ........ ~ include a 3,888 s.f gravel parkin9 lot with connectin~paved footpaths Action: ~ ~e~ OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY 11971 P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Martin Sidor, Chair Town of Southold Planning Board From: Mark Terry, Principal Planner 'N, LWRP Coordinator Date: June 23, 2011 Re: Proposed Site Plan for Sherwood house Vineyards SCTM# 1000-100.-4-5.3 Zoning District A-C Location: Oregon Road, +/- 460 ft. west of Elijah's Lane, Mattituck This site plan is for the proposed construction of two brick patios, one at 160 s.f. and the other at 706 s.f. for an outdoor wine tasting area that will include a 3,888 s.f. gravel parking lot with connecting paved footpaths. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is CONSISTENT with the LWRP. Note that area is NOT within an archeo-sensitive area (NY State Historic Preservation Office GlS-Public Access (2011)). Cc: Brian Cummings, Planner MEMORANDUM To-' From: Date: Re: Michael J. Verity, Chief Building Inspector Brian Cummings, Planner June 23, 2011 Sherwood House Vineyards SCTM#1000-100.-4-5.3 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. Enclosed is the recently revised site plan. Thank you for your cooperation. Encls: Site Plan MEMORANDUM To: From: Date: Re: James Richter, Engineering Inspector Brian Cummings, Planner June 23, 2011 Sherwood House Vineyards SCTM#1000-100.-4-5.3 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. Enclosed is the recently revised site plan. Thank you for your cooperation. Encls: Site Plan PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 June 20,2011 Attn: Heather Southold Town Planning Board Main Road Southold NY 11971 (By Hand) Re: Sherwood House Vineyard (Smithen) SCTM#1000-100-4-5.4 Dear Heather: Attached please find a statement from the neighbor of the above project. Mr. Roehl has granted Sherwood House Vineyards parking spaces for their over flow parking. Please make this part of their site plan file. Thank you. ~-~-Watricia CMoore PCM/bp encls. C: Sherwood House Vineyards Page 1 of 1 I ROBERT(BUTCH) ROEWHL OF 2755 OREGON ROAD, MATTITUCK HEREBY GRANT SHERWOOD HOUSE VINEYARDS EEC. OVER FLOW PARKING AT ANYTIME FOR THEIR PROPOSED TASTINGJ:~OOM O.H OREG~ROAI~. I HAVE ROOM FOR AT LEAST 30 PARKING SPOTS. Saturday, January 17, 2004 AOL: Guest ~ /~ '~D~ 8IB~6LLI~9 SOH~X~NIA ~flOH (~OO~4~H~ ~ 9~:0I II0~'6I'un£ #10299 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1__ week(s), successively, commencing on the 30th day of June, 2011. Sworn to before me this the question of the fogowing: 6:00 p.m. Proposed Lot Line~Chan~ for the North Fork Community Theater s/do Sound Avenue, 197.02 ft. County Of Suffolk, State of Ne~ York. Suffolk County Tax Map NlUnb~ t000- 6:02 p.m. Proposed Site Plan for Lieb Pd~l, Cutchogue, Town Of floU~hold, Cmanty of Suffolk, State 0L New York. ~g CounW?ax'M~p~NU~ 000. 83-3-2.1 2600 Oregon Road, 460ft.+bw/o 6:06 'pm, Propo~d git~ Plan for Pindar ~-hcYards,i 1~o,~ ~.at 41,95 NYS 'Route 25, 1, i3~ ~J;~d0 Pecoaic o/-So~holdl CoUn!y of · of New York. Suffolk,county ~ Map Numb~rS~000.86_l.15 , .~ 6:08 ~0,m~ Proposed Conservation S~bdivision for Manor Grove 25 & 650~Albertsou ~dGreenpo~t, Town of SOuthold, Cognty of Suffolk, Stat~ of N*ew York~ SQffolk~G~hnty Tax' Map Numbers 1000;53.1~1,~&1.3 for Drosk0gkl ,/ g~d~i iaea/gal" at NYS RoUtez~Or~at~Toycn 6~ $~UQ~oid, Suffolk ~ Tax Id~p ~umht~rs 1000- 18-4-74~ ?~ ' ~ TOWN PLANNING BO/~RD M~ H,Sidot Principal Clerk day of ~ 2011. CHRISTINA VOLINSKI NOTARY PUBLIC-STATE OF NEW YORK NO. 01-VO6105050 Qualified in Suffolk Count'/ My Commission Expires February 28, 2012 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 11th day of July, 201t on the question of the following: 6:00 p.m. Proposed Lot Line Change for the North Fork Community Theater located at 12700 Sound Avenue, on the s/s/o Sound Avenue, 197.02 ft. e/o Pacific Street, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-141-4- 26 & 32.1 6:02 p.m. Proposed Site Plan for Lieb Vines, LLC located at 13050 Oregon Road, 222' +/- e/o Cox Lane & Oregon Road, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-83-3-21 6:04 p.m. Proposed Site Plan for Sherwood House Vineyards located at 2600 Oregon Road, 460 ft. +/- w/o Elijah's Lane, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-100-4-5.3 6:06 p.m. Proposed Site Plan for Pindar Vineyards located at 4195 NYS Route 25, 1,132' +/- w/o Peconic Lane & NYS Route 25, Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-86-1-15 6:08 p.m. Proposed Conservation Subdivision for Manor Grove Corporation located on the n/e/c/o NYS Route 25 & 650 Albertson Lane, Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-53-1-1.2 & 1.3 6:10 p.m. Proposed Lot Line Change for Droskoski & Sepenoski located at 27835 NYS Route 25, on the s/w/c/o the intersection of Brown's Hill Road & NYS Route 25, Orient, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-18-4- 7.4 & 7.8 Dated: 6/15/11 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, JUNE 30, 2011 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 Kalin, Carol From: Candice Schott [cschott@timesreview.com] Sent: Wednesday, June 15, 2011 12:46 PM To: Kalin, Carol Subject: RE: Legal Ad for 6~30 Edition of Suffolk Times Hi Carol, I have received the notice and we are good to go for the 6/30 issue. Thanks and have a great afternoon! Candice From: Kalin, Carol [mailto:CaroI.Kalin@town.southold.ny.us] Sent: Wednesday, 3une 15, 2011 11:26 AM To: tr-legals Subject: Legal Ad for 6/30 Edition of Suffolk Times Please print the attached legal ad for the July 11, 2011 Planning Board Public Hearings regarding the North Fork Community Theater Lot Line Change, Lieb Vineyards Site Plan, Sherwood House Vineyards Site Plan, Pindar Vineyards Site Plan, Manor Grove Corp. Conservation Subdivision and the Droskoski & Sepenoski Lot Line Change in the June 30, 2011 edition of the Suffolk Times. An e-mail confirmation of receipt for our files will be appreciated. Thanks. Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765-1938 Fax: (631)765-3136 Carol.Kalin~town.southold.ny.us 6/15/2011 PLANNING BOARD MEMBER~ MARTIN H. SIDOR Chair WiLLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH IH DONALD J. WiLCENSKI MAII.ING 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: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public headng will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 11th day of July, 2011 on the question of the following: 6:00 p.m. Proposed Lot Line Change for the North Fork Community Theater located at 12700 SOund Avenue, on the s/s/o Sound Avenue, 197.02 ft. e/o Pacific Street, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-141-4- 26 &32.1 6:02 p.m. Proposed Site Plan for Lieb Vines, LLC located at 13050 Oregon Road, 222' +/- e/o Cox Lane & Oregon Road, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000.83-3-2.1 6:04 p.m. Proposed Site Plan for ShenNood House Vineyards located at 2600 Oregon Road, 460 ft. +/- w/o Elijah's Lane, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-100-4-5.3 6:06 p.m. Proposed Site Plan for Pindar Vineyards located at 4195 NYS Route 25, 1,132' +/- w/o Peconic Lane & NYS Route 25, Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-86-1-15 6:08 p.m. Proposed Conservation Subdivision for Manor Grove Corporation located on the n/e/c/o NYS Route 25 & 650 Albertson Lane, Greenport, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-53-1-1.2 & 1.3 6:10 p.m. Proposed Lot Line Change for Droskoski & Sepenoski located at 27835 NYS Route 25, on the s/w/c/o the intersection of Brown's Hill Road & NYS Route 25, Orient, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Numbers 1000-18-4- 7.4 & 7.8 Dated: 6/15/11 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the lSth day of June, 2011 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board~ Southold Town Hall~ 53095 Main Road~ Southold, New York 711111t Regular Meeting: 6:00 p.m. Public Hearing for the proposed Lot Line Modification for the North Fork Community Theater, SCTIVI~1000-141-4-26 & 32.1 6:02 p.m. Public Headng for the proposed Site Plan for Lieb Vines, LLC, SCTM#1000-83-3-2.1 6:04 p.m. Public Hearing for the proposed Site Plan for Sherwood House Vineyards, SCTM~1000-100-4-5.3 6:06 p.m. Public Hearing for the proposed Site Plan for Pindar Vineyards, SCTM#1000-86-1-15 6:08 p.m. Public Hearing for the proposed Conservation Subdivision for Manor Grove Corp., SCTM#1000-53-1-1.2 & 1.3 6:10 p.m. Public Hearing for the proposed Lot Line Modification for Stanley Droskoski, Jr. & Patricia Sepenoski, SCTM#1000-18-4-7.4 & 7.8 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this 15'(-~'day of ,2011. Notar~P~ic MELANIE DOROSKI NOTARY PUBLIC, State o! New York No. 01004634870 Qualified in Suffolk County ,~ .. Commission Expires September 30~,~ [ ~ [ PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDW,~r~DS JAMES II. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 June 14,2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Set Hearing: Proposed Site Plan for Sherwood House Vineyards Located at 2600 Oregon Road, +/- 460 ft. west of Elijah's Lane, Mattituck SCTM#1000-100-4-5.3 Zoning District: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, June 13, 2011, adopted the following resolution: WHEREAS, this site plan is for the proposed construction of two brick patios, one at 160 s.f. and the other at 706 s.f. for an outdoor wine tasting area that will include a 3,888 s.f. gravel parking lot with connecting paved footpaths; and WHEREAS, Charles & Barbara Smithen are the owners of the property located at 2600 Oregon Road, Mattituck, SCTM#1000-100-4-5.3; and WHEREAS, on April 15, 2011, the agent, Patricia C. Moore, Esq., submitted a site plan application for consideration; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, July 11, 2011 at 6:04 p.m. for a public hearing on the site plan dated April 6, 2011, and last revised on June 1,2011. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. You may pick up the sign and the post at the Planning Board Office, Southold Town Annex. Sherwood House PaRe Two June 14, 2011 Please return the enclosed Affidavit of Posting along with the certified mailing receipts AND t.he signed Rreen return receipt cards before 12:00 noon on Friday~ July 8tn. The sign and the post must be returned to the Planning Board Office after the public hearing. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman Encls. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a site plan; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-100-4-5.3; 3. That the property which is the subject of this application is located in the A-C Zoning District; That the application is for the proposed construction of two brick patios, one at 160 s.f. and the other at 706 s.f. for an outdoor wine tasting area that will include a 3,888 s.f. gravel parking lot with connecting paved footpaths. The property is located at 2600 Oregon Road, 460 ft. +/- west of Elijah's Lane, Mattituck; That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet by sending an e-mail message to: CaroI.Kalin@town.southold.ny.us; The Planning Board Office will be closed on Monday, July 4th. That a public hearing will be held on the matter by the Planning Board on Monday, July 11, 2011 at 6:04 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Charles & Barbara Smithen/Sherwood House Vineyards Date: 6/14/11 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVlT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon~ Fri. 7/8111 Re: Proposed Site Plan for Sherwood House Vineyards SCTM#s: 1000- 100-4-5.3 Date of Hearing: Monday~ July 11, 2011, 6:04 p.m. Town of $outhold PC/Codebook for Y~ndows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L, No. 12-2003] Whenever the Code calls for a public hearing this section shall apply. Upon d~tmlning that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A.. Town responsibility for publication of notice. The reviewing board or cemmission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or r~quested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requi~ments set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the'time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidaVit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every propertywhich abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prio~ to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject pwperty, nature of relief or approval involved, and date, time and place ofiaearing. The applicant, petitioner or agent shall file an affidaVit that s/he has complied with this provision prior to commencement of the public hearing. CHARLES & BARBARA SMITHEN SHERWOOD HOUSE VINEYARDS SITE PLAN 1000-100-4-5.3 Site Plan for the proposed construction of two brick patios, one at 160 s.f. and the other at 706 s.f. for an outdoor wine tasting area that will include a 3,888 s.f. gravel parking lot with connecting paved footpaths. MONDAY - JULY 11, 2011 - 6:04 P.M. LIkE LiNE SECTION NO NOTICE COUNTY OF SUFFOLK (~) SOUTHOLD '~"T'"*"~.'~T~"*'~".S,LEO, Reat Property Tax Service Agenc~ NOTE TO FILE Date: June 10, 2011 Prepared by: Brian Cummings Attendees: 8ill Cremers, Heather Lanza, AIy Sabatino, Brian Cummings Follow up to Sherwood House Vineyards site visit Oregon Road, Mattituck. There were multiple concerns going forward with the project: 1. Accommodation of additional parking. There are only eight (8) standard stalls and one (1) handicap stall proposed. Since there is no "tasting room" and the site will be based around two patios and grass area, occupancy must be estimated in order to approximately predict the amount of potential vehicles. Once the lot is full where will the overflow parking/additional cars be directed to park? Oregon Road is a narrow farm road with no shoulders. Would applicant consider parking on their property closer to Elijah's Lane? -Direction of parking is also a concern 2. More of a buffer is needed between Oregon Road and parking lot. 3. No dumpster has been proposed, location of portable toilets. 4. What kind of lighting will be included? Mary Anne Coe 5045 Elijah's Lane Mattituck, NY 11952 June 9, 2011 Southold Town Board: (Scott A. Russell), Louisa P. Evans, Albert J. Krupski, Jr., William P. Ruland, Vincent M. Orlando, Christopher M. Talbot Deputy Supervisor: Phillip Beltz Board of Appeals: Gerard P. Goehringer, Jr., James, Dinizio, George Homing, Leslie Kanes Weisman, Kenneth W. Schneider Planning Board: (Martin H. Sidor), Donald Wilcenski, Kenneth L. Edwards, William J. Cremers, (James Rich) Land Preservation Committee: Allan S. Connell, Raymond Huntington, Eric Keil, Lillian Ball, John Sepenoski, Divon Harvey, Norman McCullough, Maureen Cullinane Suffolk County Farm Select Committee: Joseph Kmkowski Superintendent of Highways: (Peter W. Harris) Town Justices: Rudolph H. Bruer, Louisa P. Evans, William H. Price, Jr. Town Attorney: (Martin Finnegan, Esq.) Town Trustees: Jill M. Doherty, Bob Ghosio, Jr., Dave Bergen, James F. King, John Bredemeycr Town Code Enforcement: Damon Rallis Dear Board and Committee Members, Enclosed is a copy of a letter I recently sent to Heather Lanza and cc's as noted. Also included is a an email response from Damon Rallis regarding the current operation of Sherwood House Vineyards' tasting room on Elijah's Lane, Mattituck, as well as a future tasting room from a residence on Oregon Road, Mattituck. Would you please read the correspondence and give the issues noted your diligent attention. I would appreciate any feedback you may have. Sincerely, Mary Anne Coe Encs. Mary Anne Coe 5045 Elijah's Lane Mattituck, NY 11952 June 5, 2011 Ms. Heather Lanza Town of Southold PO Box 1179 Southold, NY 11971 JU¢,I - 7 2011 Dear Ms. Lanza, I read in this week's issue of the Suffolk Times that the planning department is requesting comments about the character of Southold Town. My family moved to Mattituck nine years ago for several reasons. The first is that Port Washington, my home since 1953, has slowly but clearly changed its character. Primarily because of its location in western Nassau in proximity to New York City and the Long Island Railroad, Port Washington has become an ideal location for Manhattan commuters to live. Local zoning laws allowing houses to be built on 40 x 100 lots and within only a few feet of property lines encouraged the building of many and large houses to the point of severe crowding. The area where I used to pick wildflowers in the summer has become a shopping center. The overall feeling has changed as well. There's too much hurry, too much competition for ownership of cars, homes, clothes, money, belongings, sports, club memberships, etc. I grew up in a neighborhood of working families who had barbeques and clambakes together. Most of us had a parent who taught a Sunday school class or was a Scout leader. When my husband and I started our own family, my employer was shocked that I gave notice so I could stay home and raise my children. It was a difficult decision, since my salary was a good one in the computer industry. But more important to me was the value of teaching and nurturing my own children. I was able to use those years of part-time work to volunteer in various positions in my church, the local PTA, my civic association, and the Girl Scouts. My children came with me to deliver Meals on Wheels, much to the delight of our clients. As it so happened, not many years later, my husband lost his job of 30 years with no pension. We decided to turn a bad situation into one of opportunity. We moved here without jobs and with the pressures of moving two households - my mother's and mine - into one combined. We were leaving the place where we were well known and liked. We moved here in search of the place that Port Washington used to be. Not surprisingly, we've met several others who have done the same. 1 have a very strong commitment to individual, family, and community strength of character. I am now facing the challenges of having two college-age daughters and a three-generation household. Lately I have had to focus primarily on making enough money to pay the bills, and I look forward to better economic times when I can afford to once again volunteer my time to the community. Without reservation, the best thing that has come from our relocation is my introduction to Bill Witzke. An ad in the Suffolk Times gave me the lead to a job, which became jobs for both my husband and myself. I have the utmost respect for Bill, who has also been an active leader and volunteer in the community. It is people like Bill and the many who work or volunteer in our fire departments, schools, churches, commtmity centers, hospitals, and other organizations who keep what's important alive: hard work, good humor, and a real sense of caring for others. They are the best of Southold. Unfortunately, my experience in the last year or so has brought me so much disappointment and frustration that I question my sense of belonging to this community; so much that ifI was in a position financially to do so, I would choose to move away. My perception is this: if you own a vineyard, you are more valuable to the town than a resident, and deserve more favorable treatment there from. I moved to the place on Elijah's Lane that I call home specifically because of being in the midst of farmland, next to preserved land. As a reaction to the claustrophobia I was leaving behind, I picked the spot that had the most beautiful views of'open space' and gave me the most awesome sense of relief and well-being. For three years it was so. Now, I say 'buyer beware.' Buying a home next to preserved land can be a detriment instead of an asset. In 2005 our vineyard neighbors opened a tasting room. Since I am unfamiliar with local laws, I assumed it was sanctioned by the town. Then last year the same neighbor put up a deer fence. It felt like the carpet was pulled out from under me. Some of our trees were cut down so the placement of the fence could be right on the property line. The access to our backyard was denied: we were told when we bought our house that a verbal agreement from the 1970's gave us permission to use the access road. And most upsetting of all was the devastation to the beautiful view and our sense of peace. The fence was put up, aided by state funds administered by the county, on only three sides - most affecting us and omitted from Oregon Road where our neighbors would have to look at it. It was put on Elijah's Lane close to the road so that a row or two of grapes would not have to be removed. The fence partially surrounds a property where a tasting room operates on preserved land. In addition, the owners have applied for a variance so they can have wine tastings at their house. The term "chutzpah," the original Hebrew definition (from Wikipedia) 'Used indignantly, to describe someone who has overstepped the boundaries of accepted behavior with no shame,' seems to apply here. Everyone that I've talked to about this situation has had one of two reactions: supportive dismay, or a total lack of surprise. The general feeling is that 'vineyard owners get whatever they want.' After the fence went up several feet beyond the surveyor's demarcations, another term came to mind. I put up a sign: 'Stalag Schadenfreude'. It certainly looks like we live next to a compound; and it was done with a total lack of regard for us as neighbors. (I wrote several letters and had a few conversations, asking for a revised plan.) My neighbors called the police because they could not look up 'Schadenfreude' in the dictionary. My 87-year-old mother had to explain the definition to the officer. I was at work. I would remind those of us who haven't read Robert Frost recently that while some might say "Good fences make good neighbors," there are those who would rejoin that "Something there is that doesn't love a wall," and that "Before I built a wall I'd ask to know / What I was walling in or walling out / And to whom I was like to give offense." I fear that soon most of the vineyards and tree farms will also put up these ugly fences. Then it'll look like a bunch of used car lots in Queens. Besides, the deer are still here. The tasting room re-opened yesterday. The traffic is back, on a road that should be a quiet country farm road. The acceptance of this operation is a very different attitude, I think, than that of preserving open space. Wasn't there a discussion not too long ago about whether a greenhouse used to grow tomatoes should be allowed? Wow. I'm sure someone would object if we stored our boat, yard trailer and snowplow on our front lawn, since we can't get to the backyard. I feel the inequity of residence vs. vineyard is pretty overwhelming. Thank goodness I have better taste, anyway. A recent article in Newsday featuring DeLea Sod Farms told about a bill that is being considered in Albany that would exempt East End farmers from paying the MTA payroll tax. All small businesses on the East End protest this tax. I know of no one who commutes via LIRR to an East End marina. Don't get me wrong. I would rather see sod farms and vineyards instead of houses. But don't let's confuse those businesses with farms that produce 'produce': consumable fruits, vegetables, grain, dairy and meats. Sod is for golf courses or homes; grapevines are gown primarily to make wine. While the local wine industry is currently providing a few people with employment, the Surgeon-General warns us about the health risks of alcohol consumption. While we warn our children about dangerous decisions regarding drag and alcohol abuse, we subsidize and promote the industry producing and selling wine. I absolutely respect and support farmers like my other neighbors, the Sidors, Deerkoskis, and others who work hard to preserve the farming way of life. I would love to see more financial support and incentives go their way. It appears that there is much more money in grapes than potatoes. What a shame. I guess I had false hopes when I moved to Mattituck, thinking I would be living in farm country. I guess I'll have tO think again. An article posted on the intemet by Silverberg Zalantis LLP dated October 5, 2009 entitled 'Deceitful Conduct May be a Basis for Denial of an Area Variance' refers to the case heard by the Appellate Division, Second Judicial Department, Supreme Court of the State of New York in the matter of Caspian Realty Inc. respondent, v. Zoning Board of Appeals of Town of Greenburgh, argued February 13, 2009. In their decision, the court concluded, "In sum, we conclude that while an applicant's deceit toward municipal boards with respect to prior or current applications may not, standing alone, warrant the denial of an area variance under Town Law 267-b(3), that factor can be considered significant and compelling to the extent it inextricably relates to certain of the enumerated statutory factors, such as whether the benefit ora requested variance is outweighed by the adverse impact which may inure to the Town and its ability to enforce the law in future cases if it were to grant an area variance to an applicant who had misled municipal authorities throughout the application process. Here the requested area variance was substantial, and alleged difficulty is clearly self-created by virtue, in this case, of Caspian's apparent deceit..." Please consider the above when reviewing the variance application by Sherwood House Vineyards with regard to wine tasting on the residential portion of their property, as well as operation on preserved land for six years in violation of town code. Sherwood House also has a tasting room on Main Road in Jamesport. When the fence was erected on town land, it was deemed temporary placement: a review would be made after harvest season. As this is long past, has it become the decision on the part of the town to donate the portion of land inside the vineyard fence to Sherwood House (approximately a $20,000 value, I figure)? I would be especially pleased if anyone would reply to this letter. To date, only Damon Rallis has had the courtesy of keeping my husband or me informed by email. To Mr. Rallis, we are extremely thankful. He asked to be notified if the tasting room was re-opened this season. It is and he was. Unfommately, it was on a Saturday that we 'harassed' Mr. Rallis. For that, t apologize. It seems there is no end to our frustration. Sincerely, Mary Anne Coe Encs. Cc: Bernadette Deerkoski Martin Finnegan, Esq. Peter Harris Ryan Kraemer Damon Rallis James Rich Scott Russell ~Martin Sidor Note: I have enclosed copies of previous correspondence only to Ms. Lanza. Anyone else interested in this information can please get copies from Ms. Lanza. http://webmai~ghes.net/webmail/driver?nimler-show canvas Webmait Print Subject: RE: Sherwood House From: Rallis, Damon <Damon. Rallis~town.southold.ny. us> Sent: Monday, June 06, 201'1 8:28:00 AM To: rcoe~hughes.net First of all, no they are NOT allowed to be open and should not be open. Here is where we are at right now. - Sherwood House is currently in front of the Planning Board to site plan a new tasting area. - Sherwood House has THREE criminal violations against them and the cases are winding their way through the court system. In fact, it was originally TWO violations, but I issued a third a couple of weeks ago when they were doing site work on the property without approval. - Sherwood House, in addition to three open violations, has e cease and desist order in effect, as well as a stop work order. Now, I could go and issue them a new violation or ticket but it will serve no purpose. Historically, when I issue someone a violation for "operating without a site plan" -- the judge does not take into consideration whether or not I issued five tickets or one -- its one violation in the eyes of the court. I will tell you this, the town will not look favorably on the Smithens when they are ultimately sentenced and given a fine. Until then, there is not a whole lot that I can do at this point. You may want to call the Town Supervisor's office and file your complaint directly with that office, however. I know that the Smithens, last week, approached that office (after I told them that they could NOT operate until site plan was granted) and ask for permission to continue to operate. I do not know the nature of that conversation and I still maintain that they should not be open. This is the best I can do at this point, Bob. I know that you are frustrated but I have taken every complaint seriously and I have taken as much action as I can with respect to this matter. Please keep me posted at this email address in the coming weeks and keep sending photos as well They will help our case. Damon I of 2 6/6/2011 9:21 AM Opinion/Your View The Suffolk Times 7785 Main Rd. Mattituck, NY 11952 mail~timesreview.com Mary Anne Coe 5045 Elijah's La. Mattituck NY 11952 maryacoe~yahoo.com September 9, 2010 Gosh, I'm as dumb as a post and thicker than two planks. I'm astounded, agape and aghast - but not speechless. When I first turned up Elijah's Lane in Mattituck, north of Route 48, I thought that this was one of the prettiest country lanes on the North Fork. I have always been overwhelmed by the sense of peace, security and contentment my home gives me every day, all year long. I am blessed to be surrounded by open land and farms. Or was. What I thought was a farm of vines has become a tasting room with vines. On two sides (guess which two) it is now enclosed by, in my humble opinion, the biggest, ugliest fence NY State grant money can buy. But am I dumb? Did you know it's OK to run a tasting mom on preserved land and pay taxes as agricultural land? Or that if your cash crop is over the line onto town property, you can just put a fence even further onto town property? Did you know that clear cutting trees up to and over your property line, including some of your neighbor's trees, is called conservation? Or that closing offan access road to adjoining properties that has been actively used for generations is called preservation? No one denies that the deer problem in our area is a real one. To erect fences that block the visual access to our green vistas is not conservation. It is privatizing what has been paid for in the name of preservation. Southold Town was once a land of beauty. It is becoming a bunch of fenced-in places for tourists to see from the inside and the residents to see from the outside. Instead of solving the deer problem for the entire community, the town, in allowing this shortsighted solution, has 'protected' a select few. When they go to Florida or France for the winter, I, the lowly full-year resident can watch the deer come into my yard and look at the sunset through the fence. Well, Pete Harris (Southold Town Highway Superintendent) did say that if there was enough of an outcry, he would revisit this fence placement after harvest season. So if you have any thoughts about land preservation, donation of town property, road safety, or good taste (ouch), please drop Mr. Harris a line or a copy of this letter or give him a call and tell him what you think. ROBERT S. HUGHES Attorney at Law 828 Front Street P. 0. Box 128 Greenport, New York 11944 Telephone (631) 477-2700 Fax (631) 477-0130 E Mail berts3206@hotmail, com September 9, 2010 Ms. Phyllis Seidman Assistant County Attorney 6th Floor 100 Veterans Highway Hauppauge, New York 11788 RE: FOIL Request Dear Ms. Seidman, I have been retained by Robert and Maryanne Cor who own a home at 5045 Elijah's Lane in Mattituck. Their neighbors, Charles and Barbara Smithen, operate Sherwood House Vineyards which abuts the Coe's property. The Smithens received a grant from the Suffolk County Soil Conservation Service, located at 423 Griffing Avenue in Riverhead, for the installation of deer fencing. The Coes have some issues with the fencing and were told by the Smithens' contractor that it was installed in accordance with the terms of the grant. The Coes requested the Soil Conservation Service provide them with a copy of the terms of the grant and were told that they would have to file a FOIL request. Please accept this as an official FOIL request. The Smithens' property is identified on the Suffolk County Tax Map as//1000-100-4-5.4. The Smithens' property is located at 2600 Oregon Road, Mattituck The agency is: Suffolk County Soil Conservation Service Subject of the grant: Deer Fencing Grantee's name: Either Charles and Barbara Smithen or Sherwood House Vineyards we have not been able to confirm which it is. Information requested: A copy of all documents relating to this grant including but not limited to procedure for screening applicants, criteria used for choosing recipients and the terms, conditions and amount of the grant. Thank you very much for your cooperation in this matter. cc: Robert and Maryanne C MELISSA A. SPIRO LAND PRESERVATION COORDINATOR melissa.spiro @ town.southold.ny.us Telephone (631) 765-5711 Facsimile (631) 765-6640 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (comer of Main Road & Youngs Avenue) Southold, New York MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971-0959 DEPARTMENT OF LAND PRESERVATION TOWN OF SOUTHOLD July 12, 2010 Charles Smithen, M.D. Barbara Smithen Sherwood House Vineyards 2600 Oregon Road Mattituck, NY 11952 Sherwood House Vineyards SCTM # 1000-100.-4-5.4 Location: 2600 Oregon Road, Mattituck Dear Dr. & Mrs. Smithen: The Land Preservation Committee received a request on June 25, 2010 to install deer fencing at the Sherwood House Vineyards site. A drive-by site inspection was conducted by Melissa Spiro, Land Preservation Coordinator. A small tasting room, tent, and access-way to both were observed within the Easement Area. The Land Preservation Committee was made aware of the site inspection and additional information gathered from the Sherwood House Vineyards Web Site at the July 6, 2010 Land Preservation Committee meeting. A review of the recorded Deed of Development Rights established that on June 24, 1996, the Town of Southold purchased a Development Rights Easement (Easement) on 36.311 acres of the property owned by Charles and Barbara Smithen. The Easement restricts the use of the property exclusively for agricultural production as that term is presently defined in Chapter ~5 (currently known as Chapter 70) of the Code of the Town of Southold. Both Chapter 70 and the Easement define Agricultural Production as follows: Agricultural Production- shall mean the production for commercial purposes of crops, livestock and livestock products, but not land or portions thereof used for processing or retail merchandising of such crops, livestock or livestock products. Land used in agricultural production shall also include fences, equipment storage buildings, livestock barns, irrigation systems, and any other structures used exclusively for agricultural purposes. The Committee members present at this July 6, 2010 Land Preservation Committee meeting unanimously passed the following motions: MOTION to proceed with the enforcement of the Easement with respect to the retail and non-agricultural production uses of the property occurring within the Easement area. MOTION to approve the June 25, 2010 request to install deer fencing, subject to: The landowners receiving approval from Peter Harris, Superintendent of Highways, in regard to the landowners' request to locate part of the fence within the Tovm right-of-way along Elijah's Lane; and Resolution of the violation of the Easement with respect to the retail and non-agricultural production uses of the property occurring within the Easement area. If you should have any questions, please do not hesitate to contact me. Sincerely, Melissa Spiro Land Preservation Coordinator MS:md Patricia C. Moore, Esq. - Attorney for Landowners Martin Finnegan, Esq. - Southold Town Attorney Land Preservation Committee Via Certified Mail CHARLES SMITHEN: Hi, I am Charles Smithen Sherwood House vineyards. And I am really better known as Barbara Smithen's husband. At an effort at conciliation here, which really sounds like what it is and I think it is a really good idea. I just wanted to speak for a minute on development rights and fencing. You guys were extremely gracious and I wanted our whole group to know that. Not only did we get fence approved, which we were allowed to do but the highway department and you Steve, I gathered, allowed us to take some of your highway land. About four feet of it to fit that fence in an area so that we wouldn't have to get rid of a huge, long row of fence. Because we needed to get into that area or we would have lost (inaudible). So I think what I am trying to say is that you guys aren't rigid, you know, you thought about it a little bit, you said, yeah, it is our four feet but they will get it back. But you weren't rigid, you lack rigidity and I think that is a very important thing and I am very, very gracious for the town and to you Steve, and to the Board for allowing this. SUPERVISOR RUSSELL: I am gracious because Steve makes me sound more rugged than I am. Actually my name is Scott but ! do appreciate it. I will go with Steve, it makes me sound rugged. COUNCILMAN KRUPSKI: He has been called worse, it's okay. ,, Scott A. Russell, Supervisor Town of Southold PO Box 1179 Southold, NY 11971 5045 Elijah's Lane Mattituck, NY 11952 September 15, 2010 Dear Mr. Russell, I am writing to bring to your attention a matter that concerns me greatly. I have been led to believe that only by way of public outcry will tom code be enforced. My home is on Elijah's Lane in Mattituck, north of Route 48, adjacent to the property owned by Sherwood House Vineyards. Sherwood House opened a tasting room in 2005 and has run it since then - on preserved land. I understand that Sherwood House has argued that the tasting room is operational because it is on the LIPA right-of-way. How can that be an issue? LIPA neither owns nor leases any part of the property included in the preservation deed, and has only the right to access and maintain its equipment. This year the vineyard has erected a fence that is, on the Elijah's Lane side, entirely on town property. Peter Harris, Southold Town Highway Superintendent, gave the approval for the location. Mr. Harris told my husband, Bob, that the OK of the fence placement was only temporary and that it would be re-addressed after harvest season if there were enough objections to it. Is that how we operate? Really? And if the objections take place at some point in the future, will it be argued that it's too late to change? As a taxpayer, I object to the donation of town land to Sherwood House Vineyards in lieu of moving or removing vines on their property. The fence poses a safety hazard by eliminating or limiting the shoulder, and will likely have the opposite effect of a snow fence in the winter. It seems to be status quo to operate regardless of restrictions. Perhaps the penalty is inconsequential. Perhaps the objectors will mn out of steam. And particularly, it is beyond me to understand the fact that the highway department has the authority to give away town property. Aren't the Building, Planning, Land Preservation or Code Enforcement Departments involved? I personally asked Barbara and Charles Smithen to consider alternatives to the material and placement of the fence on the property line near the front of my house, since it severely affects the bucolic view from my home as well as resale value. I was told that the grant given by New York State required the fence to go all the way around the property and had to be on the property line. So far, it is neither. There is no fence behind the Smithens' house on Oregon Road. I am still in the process of obtaining a copy of the grant through the Freedom of Information Act and do not know if any language stipulates placement or design. I live here year 'round, pay taxes, vote, work locally, have children in school, and participate in community activities. I moved here to be part of a town interested in preserving open space and a fanning heritage. To put up large, unsightly fences is not the only pest control measure available, and drastically changes the character of the area. Have we abandoned the position of the hamlet stakeholders, who were charged with the preservation of character? Has the town made any long-term plans to address the problem of deer infestation for the community as a whole? I fear that if all the farms and vineyards put up fences like the one next to me, this once- beautiful town will become a horribly ugly sight. If there is no other option, can't we at least try to disguise them a bit, like some cell phone towers have been? A complete disregard for the beauty of our surroundings, a commitment to one particular industry over others, or the devaluation of the residential component of our community seems out of step with our heritage and our goals. Sincerely, cc: Albert J. Krupski, Jr. William P. Ruland Vincent M. Orlando Christopher M. Talbot David Cichanowicz Jill Doherty Martin Finnegan, Esq. Sanford Hanauer Peter W. Harris Heather Lanza John E. McGreevy Nicholas J. Plauamento Damon Rallis John Sepenoski Martin H. Sidor Melissa Spiro Robert van Bourgondien Michael J. Verity Mary Anne Coe Tim Kelly, Suffolk Times Encs. Patrick I looker, Commissioner NY State Department of Agriculture and Markets I 0B Airline Drive Albany, NY 12235 Re: Contract Number C011019 and related correspondence; copies enclosed. 5045 Elijah's Lane Mattituck, NY 11952 October 19, 2010 Dear Mr. ,'looker, Why, would ya' Iookee there! That must be one o' them new-fangled farm vehicles goin' in next door! 1 only used to see them potato trucks or them big o1' slow tractors with them roto-tiller things on the back from up the road. Ooo-whee! Please! I am neither stupid nor illiterate. I believe in 'doing the right thing.' I object to unlawful behavior. I object to those who flaunt their disrespect. 1 object to funding regardless of impropriety. 1 support the local farmers one hundred percent and lake offeuse at any suggestion otherwise. The farmers in our area work very hard, day in and day out, all year loug to preserve a way of life. They do it honestly and proudly. Does anyone really think an operation that brings busloads of tourists to a tasting room on preserved land is a 'legitimate farming operation' qualifying for a grant from the New York State Department of Agriculture and Markets? Thc statement that I 'do not know what their situation is' is more than a bit flippant, since I have had numerous cummunications with the landowners and their employees. I am floored by tile naivet6 in the assertion that Sufl'olk County SWCD is not the 'Contractor' referred to in the agreement but that the qandowner' is. The statement that 'In no way do we research nor take responsibility lbr the contractor (landowner's) actions' leaves me dumbfounded. Isu't there a saying about tile tbx being in charge of the henhouse? In this particular case, the tasting room has been in operation since 2005 and can clearly be seen from the street by anyone driviug by and looking. The preservation agreement between the 'landowner' and Southold Town is a public record. SCSWCD is clearly and absolutely the 'Contractor' iu the agreement; tile qandowner' is the 'participant' or 'applicant.' Nowhere is it stated Ibat SCSWCD has thc right to abdicate, transfer, negate or neglect responsibility. 'The Contractor aud tile Department agree to be bound by the terms and conditions contained in tile Agreement' including the Department's General Couditions. If SCSWCD does not }lave tile manpower to do so, wily make such an agreement? Was the expectation that compliance would be bandied on a voluntary basis? I expect people in business or elected office to do their jobs. 1 expect there to be supervisiom checks and balances, and talent enough to recognize the unanticipated and deal with it. Voting someone in or out of office is not the answer: ~doing the right thing' is. Southold Town is scheduled in court to tbllow through with permits and code violations. I would think that NYS Depamnent of Agriculture and Markets and Suflblk County SWCD would want to correct any oversights made and assure that funding goes to lawful, legitimate farming operations. Is there any substance behind the agreement? As the saying goes, I'd like to see you "put your money where your mouth is." Sincerely, Mary Anne Coe Encs. Cc: Paul A. TeNyenhuis, Dist. Mgr. SCSWCD Steve Levy, Suffolk County Executive Thomas P. DiNapoli, NYS Comptroller Michael Latham, Director NYS SWCD Marc Alessi, NYS 1st Assembly District Kenneth LaValle, NYS 1~t Senate District Long Island Farm Bureau Joseph Sawicki, Jr., Suffolk County Comptroller Scott A. Russell, Supervisor Southold Town Damon Rallis, Code Enlbrcement Southold Town Martin Finnegan, Esq., Attorney Soulhold Town Melissa Spiro, Land Preservation Coordinator Southold Richard Amper, Exec. Dir., LI Pine Barrens Soc. Peconic Land Trust SUFI~LK COUNTY SWCD 4~3 GRI~IqNG AVENUE, SDrrE 110 RIVERItEAD, NY 11901 SUFFOLK COUNTY SOIL AND WATER CONSERVATION DISTRICT Phone (631)727-2315 x3 FAX (631)727-3160 Paul A~ TeNyenhuis, CPF~C District Manager George Proioz, Ominnan (681) 698-7691 Mary Anuc Cdc 5045 Elijah's l~lc Mattituck, NY 11952 October 1, 2010 Dear Ms. Cdc: I have received your letter and read it quite carethlly. You state that on the Smitheu property arc uulawful activities. We arc uuawarc of rely of thc situatious you speak of. duc level of government does uot corrcspoud with other levels of government unless they are workiog together under a mutual agrcemeut. Wbeu mid if they issue summouses or tickets as you describe or eveu a stop work order, we bare uo way oflmowing that, uow fliat being said, whcu a farmer applies to receive cost-sbariug from our Departmem we olfly look at the farm to sec if it is a legitimate t~u'miug operation mid that they cml apply tbr mid receive mi Agricultm~ Value Assessmeut fl~at proves that they are. As you have read mid quoted back to me, the coulractor (lmidowner) is respousible to make sure all local, state aud tEderal laws are followed. Iu no way do we research nor take respousibility (hr the coutractor (landowoer's) actious. How is it you dih~k diat this should bare come up iu the applicafiou process? Wc arc a tedmical dcpartmcut that desigais aud hispects Best Managemcut Practices for farmers mid Imidovamrs. Our respousibility is to make sure that they axe a legitimate farming operatiou mid flint tim projecl is iustalled according to the Uuited States Departmeut of Agriculture Natural Resources Couservatiou Service (USDA NRCS) stmidards mid specifications. The posiliouing of the feuce is thc respousibility of the contractor and lm~dovamr; we have no way of tellhg ff the IEncc is over the bomidary of the property line. We do uot contact other levels ofgoverumeut to make sure die farmer is following the law iu oilier aspects of their farmi~g operation. If we were to do tiffs; die time, manpower mid cost to the taxpayers would bc greatly increased, not to mention that we do not bave tim mmipower to do this. We expect that the coutractor or lmidowner is and should be responsible to do tim right dih~g according to the law. I am sorry that you led this way. Farmers are olfly trying to protect dieir livelihood with the help of the cost-sharing programs. Please remember flint they also bear a portion of the expeuses to iustall diesc practices mid they are also expected to pay for them iu advmice mid be reimbursed die agreed upon amotmt after final iuspectiou. I also strongly objecl to your insiuuafiou that we (our departmeut aud the landovaier) care more about mouey thmi the law. You do not lmow what their situatiou is nor ours. If there is some iujusfice here dieu let the proper authorities handle it. If you object to die decisious made by our politifmis theu make sure you vote them out of office. Lastly, what makes you flfiuk that you are the duly due who has to watch every dollm' speut? I find that iusulfing, we as well have to accouut tbr every peuny speut mid we are taxpayers also. Respectfully, Paul ?~ ~,'. ~, ' A TeNyeuhuis, CPE¥C~ Office Hours: Mollday tbmugh Thursday 7:30 a.m. to 4:00 p.m. Friday 7:30 a.m. through 3:00 p.m. Paul TeNyenhuis, District Manager Suffolk County Soil and Water Conservation District 423 Griffing Ave., Suite 110 Riverhead, NY 11901 5045 Elijah's Lane Mattimck, NY 11952 September 28, 2010 Dear Mr. TeNyenhuis, It is hard to believe that New York State or Suffolk County will pay out grant money to unlawful operations. Perhaps it is because budgets are tight that oversights can be made. I know that my family has to watch every dollar we spend, especially with sales, income and property taxes so high. According to owners Charles and Barbara Smithen, Sherwood House Vineyards has been given a grant to erect a deer fence around their property. Sherwood House operates a tasting room without a permit on preserved land in violation of Southold Town Code. The town has served a ticket and an order to cease and desist operation. The vineyard has not complied and the tasting room is in active violation. In addition, the Southold Town Land Preservation Department issued an order to stop progress of the fence because of this violation. Fence construction was not stopped either. It is currently on most of three sides of the property. It has also been erected on town property on one side, instead of on private property, in lieu of moving a portion of the vines that are on or over the property line. As stated in Contract No. C011019 between New York State Department of Agriculture and Markets, the Contract Agency, and Suffolk County Soil and Water Conservation District, the Contractor, one million dollars is being spent on deer fences in Suffolk County with money granted by New York State. It is expressed on Page 5 of Appendix D that "The Contractor is responsible for complying with all local, state and federal laws applicable to work performed under this Agreement." I don't know why the town code violations weren't picked up during the application process. I expect your office to follow up on the application and non- compliance issues and reject fund distribution as it pertains to Sherwood House Vineyards. It appears to mc that money is more important than the law to some people. I wholeheartedly object to the state or county granting or administering money to an operation that is in violation of town code. In the name of preserving local farmland, the state and county, it seems, encourages certain individuals to thumb their nose at community values ...... Sincerely, Mary Anne Coe Encs. Cc: Patrick Hooker, Commissioner NYS Dept. of Agriculture and Markets Thomas P. DiNapoli, NYS Comptroller Marc Alessi, NYS Ist Assembly District Kenneth LaValle, NYS 1 st Senate District Michael Latham, Director NYS SWCD Scott A. Russell, Supervisor Southold Town Damon Rallis, Code Enforcement Southold Town Martin Fiunegan, Esq., Attorney Southold Town Melissa Spiro, Land Preservation Coordinator Southold Town Damon Rallis, Code Enforcement Town of Southold PO Box 1179 Southold, NY 11971 5045 Elijah's Lane Mattituck, NY 11952 October 25, 2010 Dear Mr. Rallis, As you may know, Sherwood House Vineyards has announced the opening of their second tasting room in Jamesport. Hopefully that means they plan to close the one on Elijah's Lane in Mattituck. I am looking forward to the relief of car and bus traffic in the neighborhood. It seems that this move, if timed to coincide with your court date, can be compared to a high-speed police chase that ends when the speeder finally reaches his intended destination, stops across town lines and says, 'I'm not speeding.' I hope that there will still be some follow-up to the five years of operation on preserved land and the continued fence construction despite an order to stop. My main concern has always been the erection of the fence that is on my property line and on town property on Elijah's Lane. Please note that there is still only temporary fencing along Oregon Road: the same material we asked to be used on a short portion near our house. Please also note that there is no fence whatsoever behind the Smithen's house. I repeat my request that the fence be moved back off town land on Elijah's Lane and Oregon Road and onto Smithen property. I also repeat my request that the fence be moved back to the other side of the access road that has been in constant use by me and by Donald and Pat Deerkoski before me, at least since the 1970's and before the preservation agreement or Smithen ownership. (The gate to the side of my land has been padlocked since it was installed.) Thank you for your continued effbrts to maintain Southold Town code. Sincerely, Mary Anne Coe, by email: maryacoe~yahoo.com Cc: Martin Finnegan, Esq. Scott A. Russell Melissa Spiro ROBERT S. HUGHES $28 Front Street P.O. Box 128 Greenport, New York 11944 Attorney at Law Telephone (631) 477-2700 Fax (631) 477-0130 E Mail berts3206@hotmail, com November 30, 2010 Peter Harris Superintendent of Highways Town of Southold P.O. Box 1179 Southold, New York 1197l RE: Sherwood House Vineyards Dear Mr. Harris, I have been retained by Robert and Mary Anne Coe, the owners of 5045 Elijah's Lane in Mattituck. Both Mr. Coe and I spoke with you over the summer about a deer fence which Sherwood House Vineyards was erecting along the west side of Elijah's Lane. It appears that the fence, which has now been completed, is in the Town of Southold's Right of Way. The Coes request that the Town Highway Department determine whether or not the fence is encroaching on the Town property. If this is in fact the case, my clients ask that the Town of Southold order Sherwood House Vineyards to move the fence out of the Town's Right of Way. When we spoke over the summer, you asked that we wait until after the grape harvest to make this request. The grapes are harvested and we are now asking that you address this issue. The location of the fence makes it very difficult for the Coes to safely exit their property as the sight lines are obscured. In addition it seems to be a bad precedent for the Town to knowingly allow private land owners to build structures on Town owned property. Thank you very much for your prompt and thorough attention to this matter, ce: Mr. And Mrs. Coe n tel× PATRICIA C. MOORE, A'n~RNEY AT LAW 51020 Main Road Southold, NY 11971 (631) 765-4330 email: pcmoorel @optonline,net IF~ MO LETTER SUBJECT SIGNED Please reply [] No reply necessary Cummin~ls, Brian A. From: Sent: To: Subject: Fisher, Robert Wednesday, June 01, 2011 3:56 PM Cummings, Brian A. ShenNood House Brian I have no changes to the Sherwood House Vineyard site plan for the two brick patios. Robert Fisher Board of Fire Commissioners Cutchogue Fire Department Robert Fisher Fire Inspector Office - (631) 765-).802 exfi' 5028 Fox - (63~.) 765-9502 Mobile - (631) 786-9180 Email - robert.fisher(~town.southold.ny.u$ Norman A. Rellly, Jr., Chairman Lloyd H. Relsenberg, Vice Chairman David F. Haas William G. Young Warren W. Jackson PA'I-rlTUCK FIRE DISTRIC'I PO BOX 666, PIKE STREET MATflTUCK, NEW' YORK 11952-0666 John C. Harrison, Secretary Barbara Dlckerson, Treasurer May 25, 2011 Southold Town Planning Board Attn: Brain Cummings P O Box 1179 Southold, NY 11971 Re: Proposed Site Plan: Sherwood House Vineyards SCTM#: 1000-100-4-5.4 MAY 2 6 2011 Dear Mr. Cummings; The Board of Fire Commissioners of the Mattituck Fire District reviewed the above mentioned site plan at their regular meeting on May 24, 2011; with the purpose to answer your questions; The Board of Fire Commissioners has "no comment" as the construction of brick patios will not impede or interfere with fire protection on this property If you require any additional information please do not hesitate to contact me. Sincerely, John C. Harrison Secretary/Fire District Manager CC: Board of Fire Commissioners Chief Office (631) 298-8837 Facsimile (631) 298-8841 PLANNING BOARD MEMBERS MARTIN II. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICII III DONALD J. WILCENSKI PLANNING BOAR~ OFFICE TOVfN OF SOUTHOLD MAII.~NG ADDRESS: P.O. Box 1179 Southo]d, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: CC: From: Date: Re: Scott A. Russell, Supervisor Members of the Town Board Elizabeth A. Neville, Town Clerk Town Attorney Brian Cummings, May 17, 2011 Planner Traine~ Sherwood House Vineyards 2600 Oregon Road, Mattituck SCTM#1000-t00-4-5.4 (~,5, ~ The Planning Board refers this application to you for your information, comments, review, and a determination of jurisdiction, if applicable. This site plan is for the proposed construction of two brick patios, one at 160 s.f. and the other 314 s.f. for an outdoor wine tasting area that will include a 3,888 s.f. gravel parking lot with connecting paved footpaths. Thank you for your cooperation. Encl.: Site Plan Application PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI May 17, 2011 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: 631 765-3136 Mr. John Harrison Mattituck Fire District P.O. Box 666 Mattituck, NY 11952 Re; Request for review on the Proposed Site Plan for Sherwood House Vineyards Located at 2600 Oregon Road, Mattituck SCTM#1000-100-4-5.4 ('E, ~.) Dear Mr. Harrison: The enclosed site plan application is being referred to you for your comment on matters of interest to the fire department, including fire department equipment access, emergency services, and any other issue that may be of concern or relevance to this application. Please respond with your recommendations at your earliest convenience. This site plan is for the proposed construction of two brick patios, one at 160 s.f. and the other 314 s.f. for an outdoor wine tasting area that will include a 3,888 s.f. gravel parking lot with connecting paved footpaths. Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely, Brian Cummings Planner Trainee Encls.: Site Plan Application Site Plan PLANNING BOARD MEMBERS MARTIN H. SIX)OR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAll,lNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Date: Re: Damon Rallis, Code Enforcement Officer Robert Fisher, Fire Marshall Brian Cummings, Planner Trainee(~ May 17, 2011 Sherwood House Vineyards Located at 2600 Oregon Road, Mattituck SCTM#1000-100-4-5.4 (v', ~) The Planning Board refers this application to you for your information, comments, review, and any violations on record, if applicable. This site plan is for the proposed construction of two brick patios, one at 160 s.f. and the other 314 s.f. for an outdoor wine tasting area that will include a 3,888 s.f. gravel parking lot with connecting paved footpaths. Thank you for your cooperation. PLANNING BOARD MEMBERS MARTIN YI. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: James Richter, Engineering Inspector From: Date: Brian Cummings, Planner Traine~ May 17, 2011 Re: Sherwood House Vineyards Application Name: Sherwood House Vineyards SCTM#: 1000-100-4-5.4 Location: 2600 Oregon Road, Mattituck Type of Application: Sketch Subdivision Map Preliminary Subdivision Map Final Subdivision Map (Dated: ) (Dated: ) (Dated: ) Road Profiles Grading and Drainage Plans Other (Dated: ) (Dated: ) (Dated: ) ~._~_ Site Plan (Dated: April 15~ 2011) Revised Site Plan (Dated: ) Grading and Drainage Plans Other (AS BUILT) (Dated: ) (Dated: ) Project Description: This site plan is for the proposed construction of two brick patios, one at 160 s.f. and the other 314 s.f. for an outdoor wine tasting area that will include a 3,888 s.f. gravel parking lot with connecting paved footpaths. Thank you for your cooperation. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Date: Re: Michael J. Verity, Chief Building Inspector Brian Cummings, Planner Traine~ May 17, 2011 Sherwood House Vineyards Located at 2600 Oregon Road, Mattituck SCTM#1000-100-4-5.4 ~/ The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. This site plan is for the proposed construction of two brick patios, one at 160 s.f. and the other 314 s.f. for an outdoor wine tasting area that will include a 3,888 s.f. gravel parking lot with connecting paved footpaths. Thank you for your cooperation. Encls: Site Plan Application Site Plan PLANNING BOARD MEMBERS MARTII'I H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: From: Date: Re: Mark Terry, LWRP Coordinator Brian Cummings, Planner Traine~ May 17, 2011 Sherwood House Vineyards Located at 2600 Oregon Road, Mattituck SCTM#1000-100-4-5.4 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. The file is available at your convenience. This site plan is for the proposed construction of two brick patios, one at 160 s.f. and the other 314 s.f. for an outdoor wine tasting area that will include a 3,888 s.f. gravel parking lot with connecting paved footpaths. Thank you for your cooperation. PLANNING BOARD MEMBERS MARTIN H. SIDOR Choir WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI 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: 631 765-3136 MEMORANDUM To; From: Date: Damon Rallis, Code Enforcement Heather Lanza, Planning Director ~, May 13, 2011 Re: Sherwood House Vineyard Tasting Patio SCTM#1000-100-4-5.3 2600 Oregon Road, Mattituck This memo is to inform you of a violation that is occurring at 2600 Oregon Rd. in Mattituck, which is currently being reviewed as a site plan application for a wine-tasting patio and associated parking & drainage for Sherwood Vineyard. The violation at this time is that site work is being done prior to a decision of the Planning Board on the application. On Saturday, May 7, I drove by the location and noticed that the proposed parking area had been cleared of vegetation, and there was a large pile of material at one end. On Friday, May 13, William Cremers, Planning Board Member, drove by the site and noticed that additional materials such as pavers and bricks had been dropped off at the site. Later this same day, Planning Staff visited the site and took photos of the work that is in progress. (see attached). This afternoon at 1:10 p.m., I spoke to Patricia Moore, Esq., the applicant's agent, and let her know that we had observed this activity and asked her to notify her client to stop working on the site until after the Planning Board made a decision on the site plan application. She told me that the client has a right to continue the site work and open their business prior to site plan approval. I then told her that the Planning Board did not view it that way, and that we would have no choice but to refer this code violation to the Code Enforcement Officer. Please keep us informed regarding any action you take regarding this matter and let us know if you need any further information. Thank you. cc: Planning Board, Town Attorney PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS J~V~ES H. RICH III DONALD J. WILCENSKI 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: 631 765-3136 May 12, 2011 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Site Plan for Sherwood House Vineyards SCTM#1000-100-4-5.3 & 5.4 Dear Ms. Moore: I am writing as a follow-up to the Work Session held on May 9, 2011, where the Planning Board formally accepted the above-referenced site plan for review. To continue the progress of the application, please submit a letter directly to the Planning Department with the requested parking stall dimensions and handicap parking. The Planning Board, its Staff, Town departments and relevant agencies will provide additional comments following full review. If you have any questions regarding this site plan or its process, please do not hesitate to call this office. ._~truly yours, Brian A. Cummings Planner Trainee WORK SESSION AGENDA SI~THOLD TOWN PLANNING BOARI~ Monday, May 9, 2011 -4:00 p.m. Applications Project name: Connecticut Mumclpal Electric i SCTM#: 1 1000-6-8-7 & 3.2 L .~_.n. _e_r~ilY__C o_o Pe r~ative ................. ...L_~..C....a_t_i_o_n_~ ............. , ...'~.~§_6_~ n t .r_a I _A_..v_._e_. _F_i ~s_h_e_r_sJ s !.a_n_~ .......................................................... Description: ~ Addition of 993 sq. ff. to the existing 7,144 sq. ft. diesel-electric generator ~ ................................ ..f_a._~!lity__o._n_. _a.....4_...7..,._~.~ l_.~g_:_._ff:..P..~.L~UO..._ca_t~_d/m_t__h_ .e_.B_u_~n_e_~..~!~ d ~}:. i...~.t.u_s.._: ......................... ELna!.. _P.._e...n_d..!..n~.!~ s_p~_c_t_',._o._n. i Action: i Review screening. !Attachments: Non.~ Location: i on the north side of Orchard Street, approximately 1,008' west of Platt [ ~RoAd±Ln Or!ent .......................................................................... Description: ! This standard subdivision to subdivide a 10-acre parcel into two lots I where Lot 1 is 1.5 acres and Lot 2 is 8.5 acres, inclusive of a 2.5-acre i buildi.n_9, envelg~_e and 6 acres of subdivision open Al~ace. _ ~Act[_o__n. :_ ................................... [?,_.e_v [_e_w._..A__r_c_.h_ ..e.?!o~g_'Lc__a.L..R.._e_p_o_rt. _ Attachments: i Staff Rep~ F Pr..oj~-E~e'i ................. ~"B~ii'i'"Pri~'iii~' .......................................................... i Locabon: 1110 Ter~. Lane, Orient i Descnpbon: ~ Th~s 75/75 Conservabon Subdiws~on proposal wdl subd~wde a 19.52 acre~ i parcel into 3 lots where Lot 1 = 2 acres Lot 2 = 3 acres (including a 1.66 i acre r.o.w.), and Lot 3 = 14.44 acres of preserved agricultural land - the i ~_D_~y.._e_!.~.p__.m...~.~.~, B_! g_h_t._s..__w_e_r_e__s_o..!.~__t~ _ ~!.~..~0_~ ~ ~:. i Status: i Acti_on_: ............ _R_ev_!e_ .w___S_t.a_.~..__R_e p_0 r t i&~.a.~!o_,.; ....L2.p p 0.._0_r_e ~._o._._ R_. ¢_a_ _d_. Matt_itu__c_k_ ............................................................ Description: This site plan is for the proposed construction of two brick patios, one at 160 s.f. and the other 314 s.f., for an outdoor wine tasting area that will Include a 3 888 s f ' ' ' ~ , .. ~!ravel~ark~ng lot w~th connecbng~aved footpaths. Status: New Application Action: i Review application for completeness and consider accep..tin~! for review Project name: i Ba _tt~_~ql a Joseph and Heidi [ SCTM#: [ 1000-53-4-44.1 & 44.3 Location: west side of Hobart Road, approximately 1,059 feet north from Terry , L_ane.,.. S.o_ut~9!~ Description: , This standard subdivision is to subdivide 2.32 acres into two lots where i Lot._~l..=_.4~_~l__3.._s~.f~_a_n_d ~-~.-t.-2..~--~.-5Z~-8-~.9~s~f:~j-n]~9~B-.~r~-~-~?g~g~r~!~c~; ......... S~a_~.q.s..; i_C_ondition_al P?e I i~ .m..?_a_pJ...A. pp.r.o v..a_[ Action; Rev! _e .w. _l~.P.d.~c.~P. e_ ? au Attachment§ ,. Site Inslpe_ _ct!on Phot_os .......................... Pa.cle Two - Sou;.i ~ Town P ann n.cl Board Work Ses.~ 5/9/1 I · Location: i 28975 Main Road, on the n/w corner of Main Road and Depot Lane, ............................................................. Description: I This site plan is for the conversion of an existing automotive repair shop i and gasoline service station to a 1,206 s.f. convenience store and ~ gasoline service station on an 18,473 sq. ft. lot in the Hamlet Business .......................................... J--Z-° n-i--ng- D i s t r i-c- t~ §.~.~t.B~; ................. i__~_i n a ?_e_n_d.!._n~ I n_s~_e_c_t..[?. _~c_t_i_o. ~.'_ ........................... LB_e _v.i_ew_~!te~i n sj3_e ct ion_. &~ _a..c. b_ ~m_e~t~ .'- ......... _~ _ S_t a_~R.~ p_ o__~ Location: 715 Sound Avenue, 500' north of the intersection of Aldrich Lane ...................................................... _S_..o_u_ n_ _d___A ve~n_u_e- i_n___M_ _a.~t i~t _u_c_k_ Desc_r~tion: Site Plan for an 875 s.f. a~g_r_icultural barn on a 15.5-acre p~arcel. ,"'~-ta-t~: .......................... Final Pending Inspection--__-_- -",~,c--ti0~n :__ ......................... . _R e~vi_ew~s_it_e_ in~sl~e__cti_gn_.' ...................................... - ....................................................... -"Attachments: = Draft Final Ins_[~_e..c_t_!..o_n- I~_e_[ ................... - r -P r-0]~T~-~-~ ....... Southview Preserve S ~-~1~1~.'~-(~ :~'~'L-~;~-I~ ~ -~i~ ....... . ii 21.10, 21.11, 21.12 & L21.13 Location: on the south side of Main Bayview Road, approximately 900' east of I Cedar Drive, in Southold j i'-i~e~-~i'~i~'~'i .............. ~-i~-~r~-~a~' is to subdivide a-~-~-5~-a~-~'-~)~c-e~-~;(~-~-[~)~-~-'-'-~, t Lot 1 equals 44,735 s.f., Lot 2 equals 37,343 s.f. and Lot 3 equals I 42,470 s.f., with the remaining 11.53 acres of the property to be &preserv-ed as-'-°~-e-n--space' - Status .~ Cond t ona Final Approval i"~-o-~ ............. I"~.~;i~-~-e~__est for extension ~d~FT~-a~__~_~i~;~'i: .......................... 5:30 p.m. Review Public Meeting Agenda For Discussion: *:o Lieb Vines, LLC, 83-3-2.1: Review draft ZBA comments. o:o Proposed Local Law re: Amendments to Chapter 277, Wind Energy and Chapter 280 Zoning in connection with Small Wind Energy Systems & Accessory Apts. PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, N.Y. 11952 Tel: (63 l) 765-4330 Fax: (631 ) 765-4643 Margaret Rutkowski Betsey Perkins Secretaries April 14, 2011 Mr. Martin Sidor, Chairman and Southold Town Planning Board 53095 Main Road P.O.Box 1179 Southold, NY 11971 By Hand Re: Dear Mr. Sidor: Sherwood House Vineyard SC TM# 1000-100-04-5.4 APR ] 2011 Sherwood House Vineyard is an existing farm winery located at 2600 Oregon Road, Mattituck with an existing outdoor tasting area on Elijah's Lane, Mattituck which has been in operation at this site for many years. The Farmland Preservation Committee has asked Sherwood House Vineyard to relocate their open air tasting area to the non-development rights sold land located on Oregon Road. While there are no structures being proposed and no building permits required, the building department has asked my client to obtain site plan approval for the wine tasting "use". There are no "structures"proposed for the wine tasting, they will provide for tables and umbrellas on the patio, and the site plan shows the proposed parking for the wine tasting. We would respectfully request that this site plan be considered an "agricultural site plan" since all activities are outside, seasonal, and accessory to the existing Agricultural Farm Winery. The architect has provided the drainage calculations for the impervious areas and with the consent of the Town Engineer, rather than drainage structures, passive drainage could be provided through minimal grading of the parking area.. Enclosed are seven survey prints of the site plan. Due to the ongoing nature of this business, we respectfully request your prompt review and approval. cc: Sherwood House Vineyard very truly~urs, c~ .'F~itricia C. Moore Charles and Barbara Smithen 2600 Oregon Road Mattituck, NY 11952 September 24, 2010 Scott A. Russell, Supervisor Town of Southold P.O. Box 1179 Southold, NY 11971 Dear Scott: I have received a copy of a letter forwarded to you by our neighbor, Mary Anne Coe, dated September 15th. Both my wife Barbara and I have had conversations with Mr. and Mrs. Coe addressing their concerns about the deer fence. We of course are very aware that the decisions we need to make as farmers are sometimes emotional for the community, and as such we went out of our way to personally address those issues with this couple. I would like to take this opportunity to respond to some of the comments in their letter. * They raised concern about our farm access road on my property which I have in the past given them permission to use. I offered to install a gate in our fence, give them a key, and continue to give them access to the farm road despite it being my property. * Additionally the concern was raised about the views from their property. To that end, we painstakingly designed the installation of the deer fence without removing trees to ensure as little impact on their vistas as possible. We were able to use our trees on our property to hide a good portion of the deer fence from their view when in fact it was recommended to us to remove the trees completely. *Regarding Mrs. Coe's comments about disguising the obvious, I personally sent a detailed note outlining visually appealing options for their consideration. We offered to give them permission to plant flowering vines on our fence. The location of the deer fence was examined closely and approved prior to the New York State Grant being issued. Even with the grant, this was a significant investment for us but a necessary one given the damage the deer were doing to our crops. Without the fence, we were losing in excess of 20 percent of our crops. I submit to you that Mr. and Mrs. Coe were well aware they were purchasing a home next to a working farm as they contacted me prior to buying the home to ask about our agricultural practices. While I sympathize and have made significant gestures to appease the situation, they continue to force an issue that I now deem closed. It is regrettable that Mr. and Mrs. Coe have embraced some unethical retaliation tactics, including a large insulting sign on their property that says "STALAG SCHADENFREUDE": translated STALAG a reference to a German prisoner of war camp and SCHADENFREUDE means pleasure derived from the misfortune of others. This sign, a photograph of the sign is attached to this letter, has been displayed for over one month. My wife has been aggressively confronted by the Coes. Recently, Mr. Coe kicked our dogs through the fence. The Coes made their objections to the fence very personal by publishing inaccurate statements about us. We have owned property in Southold Town for almost 30 years and purchased our property on Elijah's Lane in 1996. We are active in our community, taxpayers, voters and share the interest of the Coe's in preserving our farmland and farming heritage. Our Vineyard preserves the property in agriculture for future North Fork generations. Despite their questionable tactics, we have gone above and beyond to work with them to offer suitable compromises addressing their concerns. Respectfully, cc: Albert J. Krupski, Jr. William P. Ruland Vincent M. Orlando Christopher M. Talbot David Cichanowicz Jill Doherty Martin Finnegan, Esq. Sanford Hanauer Peter W. Harris Heather Lanza John E. McGreevy Nicholas J. Planamento Damon Rallis John Sepenoski Martin H. Sidor Melissa Spiro Robert van Bourgondien Michael J. Verity Sherwood itouse Vin 2600 Oregon Road srI~ PLAN STATUS REPORT SITE PLAN TYPE: AMENDED NEW WITHDRA~yN iNCOMPLETE · ' e__ PROJECT NAME: ~'1 fi. lq O¢-~q~-~L'~F), ~__?' r~O~l-- -~NE2: LOCATION: ,~&O~ dDr'e.QOrD ~ HAMLET: zorn3: SCTM# 10o0- !CO - 4 ._/ .. , OWNERNAME- ' TEk# ' .~tl~.'l~Lo [ PROJECT DESCRIPTION: ,O 'EXISTING USE: PROPOSED USE: DAT~ BUILDING DEPARTMENT NOTICE: S/P REQUllLED y OR N ZBA APPEAL REQUIRED y OR N PRE-SUBMISSION CONFERENCE (WITHIN 30 DAYS OF WRITTEN REQUEST) ~IOTES: INFORMAL REQUEST FOR tLEVISIONS: APPLICATION RECEIVED DATE:~_iL~/~,' APPLICATION PROCESS DATE: PAYMENT RECEIVED:////~/// AMOUNT RECEIVED:S_ r~fffl). NEW SP: $500./ACRE &.10/SF, AiVIENDED SP: $250. + .10/SF, AORIC SP: FLAT $500 FEE AMOUNT: ($ .00 X =$ ~rEW APPLICATION WORK SESSION (WITHIN 10 DAYS OF RECEIPT), PB ACCEPTED y OR N APPLICANT ADVISED OF NECESSARy REVISIONS (WITHIN 30 DAYS OF REVIZW) BUILDING DEPARTMENT MEEETING 100-254B3 (WITHIN 30 DAYS) NOTES: ~ REVISED SUBMISSION RECEIVED: NOTES: REFERRED AGENCIES: (WITH MAPS=W/p) TERMINATION :NEG DEC Y OR N, _ APPROVALS REQUIRED: ~ ARCHITECTURAL REVIEW COMMITTEE: ~ ~ NOTES LWRP COORDINATOR: BUILDING D.__._.__~EPARTMENT CERTIF CATION' =IRE COMM}SSIONERS: TOWN EN.__~GINEER APPROVAL: DEP.OF TRANSPORTATION: DOT__, DPW__, TOS SUFFOLK COUNTY DEPARTMENT OF PLANNING: South~old Planning Department Staff Report Site Plan Application Work Session - Completeness Date Prepared By: July 19, 2011 Brian Cummings I. Application Information Project Title: Sherwood House Vineyards II: Analysis 1. Provide thirty-five (35) parking stalls. (As many on-site as possible) Submitted: -Nine (9) on-site parking spaces at 9'x 19' including one ADA space at 12'x19'. -Nine (9) on-site "land banked" stalls. -Minimum of 35 parking spaces across Oregon Road Recommendation: 1. Instead of labeling the grass area of parking on-site as "land banked" spaces, it is recommended that these parking spaces be part of the regular parking area. The grass surface the spaces are designed on is sufficient and would create more on-site parking. Consider type and design of parking stall bumpers to identify land-banked spaces and proposed parking spaces. 2. Consider whether even more parking can be accommodated on-site. 2. Provide a fully executed, legally-binding written agreement regarding additional off- street parking that identifies the following: a. exact location & size of the parking area, and b. the duration of the agreement. c. curb cuts along Oregon Road, d. proposed entrance and signage in the area for patron notification. Submitted: "Fully executed lease from neighbor Robert Rowehl. His property, directly across from Sherwood House Vineyard parking area, an open filed 100' x 200' will accommodate over 35 cars." "Since this area will be rarely used, a hand crafted sign will be used to direct off-site parking for Sherwood House Vineyard." "Where more than 10 cars are parked in the leased area, Sherwood House staff will direct the parking and ingress and egress from the site, as needed." Recommendation: 1. Lease agreement is not sufficient. a. Lease specifics: Lease should refiect all aspects of the site plan it encompasses to ensure all necessary components are included to create a safe and orderly site. 2. Consider whether submitted answers and accommodations for the following are sufficient: a. Area designation of off-site parking, b. Signage to include notification for limos and buses (including dimension and wording), c. traffic flow and direction of parking 3. Additionally, it is recommended that the Board require the applicant to show the location of the propane tank and concrete slab with metal extension within the off-site parking area across Oregon Road, and provide a protective barrier for both, or some other means to prevent vehicle contact with the structures. a. Consider what the Board would see as a sufficient protective barrier. 3. A landscaped front yard setback at a minimum of 25ft. The parking lot should be no closer than 25 feet to the property line abutting Oregon Road. Submitted: 25' setback requirement is met on site plan. Landseaoin~: "My client intends to landscape the front 25 feet along Oregon Road of the parking area. The 25' is presently grass and a tree." Recommendation: I. Consider the removal of land banked "stall # 10" in order to continue to satisfy a 25' setback. 2. Accept the front yard setback as now met by the revised plan after the above is done. 4. Provide a layout of the front yard landscaping, including plant type and size. Submitted: "Charles Smithen is an avid gardener, as is evident by the landscaping of his property. Charles and Barbara Smithen planted the perennials and trees presently on the property." Recommendation: Grass is considered satisfactory in the Town Code for front yard landscaping, bnt the Board should consider if they would like to see additional landscaping or Iow screening of parking area. 5. A ten (10) foot minimum side yard setback between the parking area and the property line to the West with an evergreen buffer. Evergreen buffer shall consist of 5-6 foot Arborvitae, Eastern Red Cedar or Thuja Plicata (Western Red Cedar). Submitted: 10' side yard setback requirement is met on site plan Buffer: "You requested an evergreen buffer. The proposed parking area was cut more than 10 feet from the property line. In order to plant the evergreen buffer, an existing dense natural buffer of mature shade trees, cedar trees and wild rose bushes would need to be removed. The existing buffer keeps the property looking more natural and removal of the existing mature vegetation will most certainly upset our neighbor." Recommendation: Consider whether the existing "natural buffer" is sufficient screening to neighboring property to prevent relevant noise and headlight interference. Site plan approval is dependent on the issuance of a Certificate of Occupancy by the Building Department for the existing pool, which is necessary in order to provide a safe site area for patrons and children. Submitted: "The pool is protected with a custom built pool fence which consists of post & rail with wire and landscaping, however, a second standard chain link fence is being installed around the existing fence in order to close out the certificate of occupancy for the pool." Recommendation: Withhold site plan approval until new fence is completed and C.O. is issued. Require a copy of the certificate to be submitted to the Planning Board. This recommendation is made with safety issues in mind. Please include the locations on the site plan for: 1) Proposed dumpster(s), 2) Proposed portable sanitary facilities, and 3) the existing fueling area at the Southwest comer of the property, and note any safety zones or setbacks required by other agencies, as well as the use of the area (fuel station, etc). 3 Submitted: Location of dumpster (enclosed with a fence), is included on site plan Portable sanitary location is included on site plan Existing agricultural fueling station on the agricultural land is located on the site plan. Agricultural fueling station is located ±89ft. south of property line. Recommendation: Consider whether the Board is satisfied with what is submitted for the Agricultural fueling station. Its location is noted, but safety concerns remain in regards to its location relevant to proposed tasting area. At the existing site there are currently two bathrooms being used, the Board should consider whether both, or just one, of these bathrooms will be relocated to the proposed tasting area and if the location already displayed on the site plan is appropriate. Pursuant to {}172 of the Southold Town Code, please include and indicate the quantity, location and specifications of any and all lighting. Submitted: ± 3 dark-sky compliant LED lights each side of parking, under tree canopy and three (3) path lights along paved walkway. Recommendation: Submitted lighting layout is acceptable. Pursuant to §280-80...90 of the Southold Town Code, please include and indicate the size, design and location of any and all signage. Submitted: A. Location of main sign is included on site plan, "their sign will match the existing sign." B. Monument sign will be lit by two dark-sky compliant goose-neck shielded fixtures directed to sign surface. Recommendation: 1. Submit a sign plan that shows the dimensions and meets Town Code. 2. Sign Lighting- include details on how the sign will be lit - the Town Code requires that signs be lit from above. 4 10. On the site plan, please indicate the location of the edge of the grape vines relevant to the subject property. Submitted: Location of grape vines is included on site plan. 11. Oregon Road must be Saw Cut to provide a clean line for this new pavement section and all new pavements within the Town owned R.O.W. must meet minimum requirements of the Highway Specifications. Submitted: Saw cut Highway Specifications match exact requirements on site plan. Recommendation: This requirement has been satisfied. 12. Drainage calculations have not been provided and are required to meet the minimum requirement of Chapter 236 for Storm Water management. Submitted: Drainage calculations have been provided based on 2" rainfall for parking lot (including land banked area), paving and landscaped area. "Drainage will not enter the Town Road or adjacent properties; however, we will discuss with the Town Engineer a passive drainage system which maintains the natural drainage of the property and irrigates the landscaping." Recommendation: The new calculations have been submitted to the Town Engineer for review. 13. Grades and/or elevations must be provided for new parking and patio areas. All new impervious surfaces must be incorporated into drainage calculations that will show containment of a 2" rainfall to comply with Chapter 236. Submitted: "The property is flat and patios and parking areas will be properly pitched to address the drainage requirements on the property. Also drainage calculations are provided." Recommendation: Ensure Town Engineer agrees that the revised plan meets Chapter 236. 14. Gravel surfaces and brick patios constructed as permeable pavement are required to utilize a 60% runoff coefficient. Submitted: Drainage calculations of the permeable surfaces are provided. Recommendation: Ensure Town Engineer is satisfied with submitted drainage calculations and mn-off plans. 15. Hay bale and silt fencing should be indicated on the plan to prevent silt and/or construction debris from entering the Town R.O.W. or adjacent properties. Installation details must be shown on the plan to provide proper installation. Submitted: "Hay bales and silt fence will be noted." Site plan: "Provide hay bales and silt fence to prevent run-off during construction." Recommendation: Hay bale and silt fencing have been noted on site plan. 16. Handicap spaces should consist of asphalt or other smooth and compact parking lot surfaces for the purpose of handicap accessibility. Submitted: Proposed impervious ADA space and walkway of±285s.f. 6 South~d Planning Department Staftl~eport Site Plan Application Work Session - Completeness Date Prepared By: June 23,2011 Brian Cummings I. Application Information Project Title: Sherwood House Vineyards II. Action Review all staff and agency comments and schedule for a determination. III: Analysis Existing Town of Southold Development rights on 36.3 acre parcel *Proposed wine tasting area in reserve 2-acre parcel -Not a separate lot as pursuant to {}280-9 1. Proposed construction of two open patios: a. 160 s.f. brick paver patio (rectangle 16'x10') b. 706 s.f. brick paver patio (circle 30' diameter) 2.3,888 s.f. gravel driveway and parking lot a. 70s.f.(total) of paved walkways i. One(l) walkway extending from parking and to first (160s.f.) patio, then another extending to the second (706s.f.) patio 3. Nine (9) proposed parking spaces a. 5' setback from Oregon Rd. to first stall b. One (1) proposed ADA stall c. The road is very narrow here, without space for safe on-street parking. Parking on the street at this location would likely create a safety hazard. 4. The plan shows a five (5) foot setback from the front property line for the parking lot, with no proposed landscaping or screening and shows a side yard setback of five (5) feet from the parking lot to the adjacent property line with no proposed buffer. The adjacent residence is located approximately 75-80ft. from the property line. · A-C Bulk Schedule: minimum 60ft. front yard and 20ft. side yard a. 160s.f. proposed patio is 11 Oft. from Oregon Rd. and 125.5fl. from opposite property line (to the South) b. 706s.f. proposed patio is 135.5ft. from Oregon Rd. and 100fi from opposite property line. 5. There is no indication on the plan of where a dumpster will be located. 6. There is no indication on the plan of where sanitary facilities will be located. IV. Referral Responses A. Mattituck Fire District 1. The Board of Fire Commissioners has "no comment" as the construction of brick patios will not impede or interfere with fire protection on this property. Recommendations: None B. Fire Marshall 1. "No changes" to the site plan for two brick patios. Recommendations: None C. LWRP 1. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is CONSISTENT with the LWRP. -Note that area is not within an archeo-sensitive area (NY State Historic Preservation Office GIS-Public Access (2011)). Recommendations: None D. Town 1. Engineer The site plan indicates that a new curb cut will be required to accommodate site access to the new parking area. Oregon road must be Saw Cut to provide a clean line for this new pavement section and all new pavements within the Town owned R.O.W. must meet the minimum requirements of the Highway Specifications. This would include a 4" thick stone blend base, a 2.5" Asphalt Binder and a 1.5" top wearing course between the existing line of pavement and the property line. Drainage calculations have not been provided and are required to meet the minimum requirement of Chapter 236 for Storm Water management. Grades and/or elevations have not been established for the new parking & patio areas. All new impervious surfaces must be incorporated into drainage calculations that will show containment of a 2" rainfall to comply with Chapter 236. 2 4. Gravel surfaces and brick patios constructed as permeable pavement will be required to utilize a 60% runoff coefficient. Hay bale and silt fencing should be indicated on the plan to prevent silt and/or construction debris from entering the Town ROW or adjacent properties. Installation details must be shown on the plan to provide proper installation. Handicap parking should be required. The number of spaces will be lett to the determination of the Planning Board. Please keep in mind, this parking should consist of asphalt or other smooth parking lot surfaces for the purpose of handicap accessibility. V: Staff Recommendations 1. Require additional off-street and on-site parking: a. Because there is no "floor area" and patrons will not be confined to the two patios, parking requirements should be based on entire area that patrons will likely occupy, thus the entire lawn area adjacent to the patios is included in the calculations. Measuring an approximate 95'x75' (7,125s.f.) area, starting 113' South of Oregon Road, from the parking lot back to the vines with sides forming along western property line and edge of pool fence/large Maple to the vines. This will be considered the main tasting area. b. These calculations are based on the retail store requirements which are at least 1 space per 200s.f. of gross floor area (grass area). - 7,125s.f. + 200s.fi = 35.6 (35) required parking spaces In an effort to preserve the natural landscape of Oregon Road as a working farm road and to prevent any traffic congestion/parking concerns, it is necessary to accommodate as many of the thirty-five (35) required parking spaces on site as possible. *This section of Oregon Road is considered a "key view" area to the scenic landscape of Southold Town as displayed and described in the "Scenic Southold Corridor Management Plan" of 2001.* It is recommended that a formal, fully executed written agreement regarding additional off-street parking that identifies the exact location of the parking area, and the duration of the agreement be provided, and that the site's operation is conditioned on the provision of the full 35 spaces required. Front and side yard landscaping/buffer. Town Code {}280-93 requires the "required front yards" in residential districts to be landscaped, except for the driveway. This seems to indicate that a parking area in the 60' front yard (bulk schedule for the AC zone) is not allowed. a. Ag and Markets "Screening and Buffers;" Municipality buff'er requirements can be imposed to partially or completely screen adjacent land uses as long as it does not encroach on farm activities/operation and/or use with reference to the health, safety and welfare of the surrounding community. b. Existing 5' buffer to property line is not sufficient with concern for the existing dwelling. A ten (10) foot minimum setback from the property line to the West with an evergreen buffer is recommended. c. A 25' minimum landscaped front yard setback to satisfy front yard landscaping requirements is recommended (the parking lot should be no closer than 25' to the property line abutting Oregon Road. 4. It is recommended that buses and limos not be allowed or encouraged at this site and that they are not to stop and discharge passengers. The road is narrow and is busy with tractors and trucks, creating a potential safety hazard with any on-street activity. 5. It is recommended that this site plan approval be dependent on the issuance of a Certificate of Occupancy by the Building Department for the existing pool, which is necessary in order to provide a safe site area for patrons and children. Currently the fence surrounding the pool adjacent to the patio appears to be substandard and does not have a certificate of occupancy. 6. Locations on site are needed for: d. Portable bathrooms e. Dumpster(s) f. Location and use the small building at the southwest comer of the site. 7. Placement and size of sign: §280-80...90 g. Must be different than current sign placement on Elijah's Lane. h. Not to be on R.O.W., but on property. 8. Any and all proposed lighting should be included on site plan: Lighting §172 4 Soutl~d Planning Department Stal~eport Site Plan Application Work Session - Completeness Date April 29, 2011 Prepared By: Brian Cummings I, Application Information Project Title: Applicant: Date of Submission: Tax Map Number: Project Location: Hamlet: Zoning District: Sherwood House Vineyards Sherwood House Vineyards (Charles and Barbara Smithen) April 15, 2011 100.-4-5.3 2600 Oregon Road Mattituck AC II. Description of Project Type of Site Plan: Acreage of Project Site: Building Size Agricultural 2acres (36.3 acre adjoining vineyard) Patios: 160 s.f. and 314 s.f. III. Completeness Review Incomplete or Missing: -Site plan to scale -EAF (Environmental Assessment Form) -Property survey -Names & addresses of adjoining landowners -NYS license seal -Location of adjoining lands within 500ft. -Direction and location of waterlines, sewage -Buildings within 200ft. of property line -Signs -Landscaping -Lighting -Location of curbs (or barrier) -Elevation IV. Site Plan Existing Town of Southold Development rights on 36.3 acre parcel **Proposed wine tasting area in reserve 2-acre parcel -Not a separate lot as pursuant to {}280-9 1. Proposed construction of two open patios: a. 160 s.f. brick paver patio (rectangle 16'x10') b. 314 s.f. brick paver patio (circle 20' diameter) 2.3,888 s.f. gravel driveway and parking lot a. 300s.f.(total) of paved walkways i. Two(2) walkways extending from parking and converging on first (160s.f.) patio, then a single walkway continuing to the second (314s.f.) patio 3. Nine (9) proposed parking spaces a. 5' setback from Oregon Rd. to first stall 4. Setback distances a. 160s.f. proposed patio is 110ft. from Oregon Rd. and 125.5ft. from opposite property line (to the South) b. 314s.f. proposed patio is 135.5ft. from Oregon Rd. and 100ft from opposite property line V. Analysis After full review of the submitted information the site plan is more rudimentary than preferred, even though the only proposed construction is two patios and a gravel parking lot. Such information excluded: Site plan appears to be accurately made to scale, but due to the reduced size of the plan, the scale that was used is not made readily available or obvious for board/department use. Dimensions of the parking stalls are not included, as well as no reference or proposal made for available handicap parking. i. -No proposed barrier or curb for parking IotJstalls 3. The direction of the proposed parking layout may cause a disturbance in the future. The proposal is to have the nine (9) stalls facing the neighboring property and dwelling which could create an issue if any "after dark" activities or events occur. 4. The applicant should also consider and provide information based on sanitation concerns. No bathroom accommodations are proposed, portable or fixed. Weiss Greenhouses is located less than 200ft. west on Oregon Rd. of the proposed driveway and subject property, therefore, overflow parking and assumed traffic (of both winery and greenhouse) should be taken into consideration. VI. Staff Recommendations 1. Accept the application for review, with revisions to include the dimensions of the parking stalls provided, and refer it out to other agencies for comments. 2. Gather other agency comments Town Engineer, Fire Dept.) prior to requiring any revisions to the plan. 2 TOWN OF SOUTHOLD PLANNING BOARD SITE PLAN APPLICATION SECTION A: Site Plan Name and Location Site Plan Name: ,~r'w'ocrM t-{~.)~e Ii, me,{~r'cJ3 Application Date: Suffolk County Tax Map #1000- i Oo - ~ - Other SCTM #s: Street Address: ZG,(9o Distance to nearest intersection: Type of Site Plan: ~ New Amended If Amended, last approval date: __ SECTION B: Owners/Agent Contact Information Hamlet: Residential / / Please list name, mailing address, and phone number for the people below: Property Owner ~-~ho~rl~'~ 4 ~C~POo~a ~-~Va~t~n~r~ Street o~(x~ (.90 Ot~'C/to r~ ,fi-d_cOO. C} City /U[tk:/;Vt'47oc~-- State /xk"tt nome Telephone o~8- oQ.l.5'W Other Applicant Street ~ (oOtD O T'ec/o 0 City /~4.C~ 7'~c~ ~_ State Home Telephone ~/"/-73~//~ ~'7,5~2_t~ Other Applicant's Agent or Representative: Contact Person(s)* ?c~ at'v'~ c~£x, Street ~-'-~ O~__c:, /~qCl t ~ ~A City c~~ [~ State ~ Office Telephone '~,~ ~ ~ ~O Other *Unless otherwise requested, correspondence will be sent only to the contact person noted here. Page 2 of 3 SECTION C: Site Data ~cO-v~ ~, ( O c0- ~-~)cvc~ c Proposed construction type: )~ New Modification of Existing Structure 'x~ Agricultural Change of use Property total acreage or square footage: -'g {r>~ ~' ac./sq, ft. Site Plan build-out acreage or square footage: ~Tt / I c/ ac s~.T~ ls there an existing or proposed Sale of Development Rights on the property? Yes K No __ ~ lfyes, explain: O~ -/¥.~r~~ Lcx.~xc~ -- /.x.)~v~' --[-e:x~acr~ ~ ~-e2,e~t~ Property Zoning District(s): Building Department Notice of Disapproval Date: /__/__ Is an application to the Southold Town Zoning Board of Appeals required? Yes __ If yes, have you submitted an application to the ZBA? Yes__ No __ If yes, attach a copy of the application packet. No Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor area per use. List all existing property uses: List all proposed prbperty uses: Other accessory uses: Existing lot coverage: ~- % Proposed lot coverage:_ ~ % ~cO-t~ to ~ Gross floor area of existing structure(s): ~04~sq. fi. Gross floor area of proposed structure(s): tO Parking Space Data: # of existing spaces: # of proposed spaces: 9 Loading Berth: Yes__No__ Landscaping Details: Existing landscape coverage: CIO % Proposed landscape coverage: qo Waterfront Data: Is this property within 500' of a wetland area? Yes __ No ~ If yes explain: 1, the undersigned, certi~ove information is true. Signature of Preparer:~7..~-~- ~ . Date: Page 3 of 3 q APR-15-2011 01: 20A FROM: SMITHEN 2128286669 T0:16317654643 P.1 P.001/001 We, Charles Smithen and Barbara 8mlthen, owners of tho p~peny at SCTM # 1000-100-4-5.4 knOw~ as ~ Housc Vi.ut~l~ 2600 Oil, on Road, Mattttuck, NY. hereby authorize Patricia C- Mootz to aot as our a~e~nt and to handle all necessary work hlvolvcd tn lhe ~ p~ applicsrfon process with the Southold Planni~ Board, and any otter n~mry aL, eneies on our behi*lf. Dasd: Barb~. 8mithen Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM# 1000-100-4-5.4 AGENT: Patricia C. Moore Esq., 51020 Main Road, Soutold NY 11971 The Application has been submitted to (check appropriate response): Town Board [] Planning Dept. X Building Dept. [] Board of Trustees [] Zoning Board of Appeals 1 Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) [] (b) Financial assistance (e.g. grant, loan, subsidy)[~ (c) Permit, approval, license, certification: [] Type: Town of Southold LWRP Consistency Assessment Form 1 Nature and extent of action: existing vinyard and outdoor wine tasting relocated and approval of site plan for outdoor venue Location of action: 2600 Oregon Road, Mattituck Site acreage: tasting area- nondevelopment rights area 2 acres Present land use: existing residence, existing winery and existin~ tastin~ area Present zoning classification: Agriculture_ 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Sherwood House Vineyard (b) Mailing address: c/o Charles and Barbara Smithen 2600 Oregon Road, Mattituck NY 11952 (c) Telephone number: (631) 288-2157 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes [] No X If yes, which state or federal agency: __ DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open ~pace, makes efficient use of infrastructure, makes beneficial use ora coastal location, and minimizes adverse efJkcts of development. See LWRP Section III- Policies; Page 2for evaluation criteria. Yes X No [] Not Applicable Discussion (if appropriate): Vinvard (Farm Winer~} and wine tasting enhances the community character Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): __ Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7for evaluation criteria Town of Southold LWRP Consistency Assessment Form 2 Yes X No [] Not Applicable [] Discussiou (if appropriate): preserves scenic vistas Maintain agricultural uses on agricultural property NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See L WRP Section III- Policies Pages 8 through 16for evaluation criteria Yes [] No [] Not Applicable X Discussion (if appropriate): __ Policy 5. Protect and improve water quality and supply in the Town of Southold. See L WRP Section II1 - Policies Pages 16 through 21for evaluation criteria Yes No [] Not Applicable X Discussion (if appropriate): Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats' and wetlands. See LWRP Section III - Policies; Pages 22 through 32for evaluation criteria. Yes No [] Not Applicable X Discussion (if appropriate): Policy 7. Protect and improve air quality in the Town of Southold. See L WRP Section II1 - Policies Pages 32 through 34for evaluation criteria. See Section III - Policies Pages; 34 through 38for evaluation criteria. Yes No [] Not Applicable X Discussion (if appropriate): Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See L WRP Section III-Policies; Pages 34 through 38for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate) Town of Southold LWRP Consistency Assessment Form 3 PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See L WRP Section II1 - Policies; Pages 38 through 46for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III- Policies; Pages 47 through 56for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III- Policies; Pages 57 through 62for evaluation criteria. Yes [] No [] Not Applicable X Discussion (if appropriate): Policy l2. Protect agricultural lands in the Town of Southold. See LWRP Section lII- Policies; Pages 62 through 65for evaluation criteria. Yes X No [] Not Applicable Discussion (if appropriate): Existing use is a farm winery, vineyard and tasting is a customary accessory use Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III- Policies; Pages 65 through 68for evaluation criteria. Yes No [] Not Applicable X Discussion (if appropriate)L *copy of Town form created on 2/11/06 Town of Southold LWRP Consistency Assessment Form 4 PLANNING BOARD MEMBE~ MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAn,lNG ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MEMORANDUM To: Accounting From: Planning Department Date: May 10, 2010 Re: Payments The referenced applications have been accepted by the Planning Board and the checks may now be processed to revenue B2115.10. Thankyou. Applicant/P~oject Name & Tax Map Amount Check bate/No. Type ~ Lieb Tasting Room 83-3-2.1 $500.00 4/20/11 - #8559 Sherwood House Vineyards 100-4-5,4 $500.00 3/14/11 - #2221 LR TOPCOAT C STONE 20000' NO'rE: DRAINAGE CALCULATIONS: W~NE-TASTING PATIO & DECK Z ~0 o Om PROPOSED SITE PLAN i N 59° 44'00' E PROPOSED PATIO- BRICK PAVER 160 SF EXIST FOOTPATH 188 SF EXIST DRIVE & WALK 1428 SF EXIST FOOTPATH 36 SF DECK 140 SF -- 30.0~ ,'~ PROPOSED - PATIO~,,~,~' "~"" EXIST PAVED WALK PAVE~ 140 SF EXIST PORCH 18BSF 353.08' S 59° 44' 00" W PROOSEO SITE PLAN 50 35308' NEW PATIO SHERWOOD HOUSE VINEYARDS 2600 Oregon Road Mattituck NY 11952 MA~ITUCK TOWN OF SOUTHOLD SUFFOLK, COUNt, N~ YORK SC, T~NO. 1~-1~-~ 5.3 JUNE 01,2Oll N 59°44'00' E 3,888 SF PROPOSED PAVED WALKS ± 300 SF TOTAL - PROFOSEO PATIO - BRICK PAVER 1~ SF 59° 44' 0 W PROOSED SITE PLAN ~EXIST, PORCH 180SF DECK140SF EXIST. FOOTPATH 188 SF~ EXIST. PAVED WALK L~ 353.08' MATTITUCK TOWN OF SOUTHOLD SUFFOLK. COUNTY, NEW YORK S.C. TAX NO. 1OOO~100-O4-5.3 APRIL 06. 2011 NEW PATIO SHER~OD HOUSE VINEYARDS 07 0 Q- 15' SETBACK FOR MONUMENT SIGN. SIGN TO BE LIT BY TWO DARK-SKY COMPLIANT GOOSE-NECK SHIELDED FIXTURES DIRECTED TO SIGN SURFACE 25' DEEP LANSCAPE GARDEN OF PERINNEALS EXIS.T DENSE NATURAL BUFFER OF MATURE SHADE TREES, BUSHES, 200.00' NOTE: PROVIDE HAY BALES & SILT FENCE TO PREVENT RUN-©FF DURING CONSTRUCTION DRAINAGE CALCULATIONS: Based on 2" rainfall per Town of Southdd Code Capter 236 PARKING LOT-. GRAVEL: [including future omsite parking] 5,300 X ,167 X 0,6 = 531 cu.ft, PAVING: 767 X ,167 X I = 128 cu. ft, LANDSCAPED AREA: 475 X.167 X.2 = 16 cu. ft. TOTAL VOLUME REQUIRED = 675 SITE ~d LAt~DSOAPE A~EA SiBI~I~ARY c~r~mentsi ', Drivewa~ GRAVEL [Deck - Main i - 140 SF i TOTAL Structures ~ ' iShed TOTAL LOT COV~P~E , 523 SFi 1,523 SFI Ceda~ DecMn¢ NO CHANG PATIO & BECK SHERWOOD HOUSE VINEYARDS 2600 Oregon Road Mattituck, NY 11952 87119 SF 2 acres NEW DRIVE & 6" RCA SUBGI TOPCOAT STONE. (2) 4' Z -JO L 1 PROPOSED SITE PLAN Scale: t" = 20 fi 0 50 15' SETBACK FOR MONUMENT SIGN S~GN TO BE LIT BY TWO DARK-SKY COMPLIANT GOOSE-NECK SHIELDED FIXTURES DIRECTED TO SiGN SURFACE 25' DEEP LANSCAPE GARDEN OF PERINNEALS PROPOSED BUFFER OF EVERGREEN MAX SPACING 10' O,,C PARKING LOT GRAVEL: NEW ASPHALT APRON ± 330 SF TOTAL - 4" THICK STONE LEND BASE, 2.5" ASPHALT BINDER & 1.5" TOP WEARING COURSE. SAW CUT LINE AT ROAD TO PROVIDE CLEAN EDGE FOR NEW PAVING. 475X 167x 2=16cu fi TOTAL VOLUME REQUIRED = 675 cu~ WINE-TASTING PATIO & DECK SHERWOOD HOUSE VINEYARDS 2800 Oregon Road Matt~uck NY 11952 EXIST, DENSE NATURAL BUFFER OF MATURE SHADE TREES, CEDAR TREES & WILD ROSE SUSHES NEW DRIVE & P TOPCOAT C STONE. GRATE E PROVDE FENCE OR TRELLIS SCREEN WALL TO BLOCK ACCESS & VIE'W TO PUMP r4OUSE BY V;SITORS 1 F~ROPOSED S TE PLAN Z 0,.W 0 Om