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HomeMy WebLinkAbout6469 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.north fork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD 20jill. o( Tel. (631) 765-1809 · Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF JUNE 15,2011 - ,,^~.~ Town Clerk ZBA FILE: 6469 NAME OF APPLICANT: Lieb Vines, LLC PROPERTY LOCATION: 13050 Oregon Road Cutchogue, NY SCTM#1000-83-3-2.1 SEQRA DETERMINATION: The Zoning Board of Appeals has visited the property under consideration in this application and determines that this review falls under the Type 11 category of the State's List of Actions, without further steps under SEQRA. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated April 5,2011 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION.' The subject property contains 594, 144 sq. fi. with 394.34 feet of frontage on Oregon Rd., 1,259.70 feet along the northern property line, 564.07 feet along the eastern property line and 1, 174.00 feet along the southern property line as shown on the site plan dated 5/20/10 prepared by Jeffrey T. Butler PE. It is improved with two one story agricultural storage buildings BASIS OF APPLICATION: Request for Variance from Art. III, Code Section 280-13(4)(c) based on Building Inspector's March 18, 2011, Notice of Disapproval and an application for building permit concerning conversion of an existing storage building into an office and winery tasting room at: less than the code required I00 foot setback from a major road. RELIEF REQUESTED: The applicant proposes to convert a portion of the existing 5,569 sq. ft. storage building located closest to Oregon Road to a public tasting room, private tasting room, public restrooms, and new office space totaling 2,020 square feet. The existing wine storage area of 3,549 square feet will remain unchanged. The storage building is located 60.2 feet from the road where the code requires that a winery have a minimum 100 foot setback from a major road. ADDITIONAL INFORMATION: This application is subject to site plan approval by the Planning Board per Town Code. The Zoning Board, in a Memo dated March 22, 2011, requested comments from the Town Planning Board. On May 10, 2011, the Planning Board sent a memo in response stating this proposal is consistent with the goal of supporting and maintaining agriculture. However, there are several challenges for this location to operate as a retail tasting room, all of which can be overcome if the operators limit the number and size of vehicles at the site that current accommodations allow. Another concern is the proximity of nearby residences. There were neighbors objecting to the application at the hearing and through written correspondence to the Board of Appeals Page 2 - June 15, 2011 ZBA File#6469 - Lieb Vines, LLC FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application on June 2, 2011, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: 1. Town Law §267-b(3}(b}(D. Grant of the variance will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. In a letter dated May 10, 2011 the Southold Town Planning Board stated that "upon reviewing the Comprehensive Plan, it has been determined that this proposal is consistent with the goal of sUpporting and maintaining agriculture. The tasting room will be furthering this goal". The character of the neighborhood is mixed with residential, agricultural and light industrial uses and the addition of a permitted tasting room within the existing agricultural storage building will not expand the type of uses allowed in the neighborhood. The applicant has to apply to the Planning Board for site plan approval. The Planning Board can impose restrictions to mitigate the residential concerns about traffic, parking, and noise to prevent any detriment to nearby properties. 2. Town Law §267-b{3?(b){2'}. The benefit sought by the applicant cannot be achieved by some method, feasible for the applicant to pursue, other than an area variance. The agricultural storage building has a Certificate of Occupancy dated July 30, 2008 and as such it would not be feasible to move the building in order to meet the code requirement. 3. Town Law §267-b{3}{b}(3}. The variance granted herein is mathematically substantial. It represents a request for 40% relief from the code. However, it is unclear to this Board if Oregon Road is a major road as stated in the Notice of Disapproval, since no definition of a major road exists in the Town code. 4. Town Law §267-b{3}(b)(4) No evidence has been submitted to suggest that a setback variance in this residential/agricultural community will have an adverse impact on the physical or environmental conditions in the neighborhood. The setback of this building has existed legally since 2008 and it will not be changed by the approval of the proposed tasting room and office. Concerns by neighboring residential property owners can be addressed through the imposition of conditions by the Board of Appeals and the Planning Board through the site plan review process. 5. Town Law §267-b(3)(b)(5). The difficulty has been self-created in so far as the building was built without allowing for the additional amount of setback required by the code for a tasting room on a "major road". However, the building, as it exists, meets all of the setbacks required by the code for an agricultural storage building. 6. Town Law §267-b. Grant of the requested relief is the minimum action necessary and adequate to enable the applicant to enjoy the benefit of a Tasting Room and Office while preserving and protecting the character of the neighborhood and the health, safety and welfare of the community. RESOLUTION OF THE BOARD: In considering all of the above factors and applying the balancing test under New York Town Law 267-B, motion was offered by Member Dinizio, seconded by Member Schneider, and duly carried, to GRANT, the variance as applied for, and shown on the Site Plan prepared by Jeffrey T. Butler P.E., P.C. dated May 20, 2010 subject to the following conditions: Conditions: 1. That no further expansion of the tasting room as applied for herein is allowed without further review by this Board 2. No parking of vehicles on Oregon Road. Page 3 - June 15, 2011 ZBA File#6469 - Lieb Vines, LLC CTM: 1000-83-3-2A 3. The Bonded storage area may not be used in any way to support the events held in the tasting room except as storage of wine. 4. All outdoor music shall end by 9:00PM. This condition shall not supersede any future town laws pertaining to noise. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from the survey, site plan and/or architectural drawings cited in this decision will result in delays and/or a possible denial by the Building Department of a building permit, and may require a new application and public hearing before the Zoning Board of Appeals. Any deviation from the variance given such as extensions, or demolitions which are not shown on the applicant's diagrams or survey site maps, are not authorized under this application when involving nonconformities under the zoning code. This action does not authorize or condone any current or future use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Boar& Ayes: Members Weisman (Chairperson), Horning, Goehringer, Dinizio, Schneider. T~on was duly adopted 1-5 -0). Leslie Kanes Weisman, Chairperson Approved for filing 7//7/20 BOARD MEMBERS ��®F 50!/j�® Southold Town Hall Leslie Kanes Weisman, Chairperson �® 53095 Main'Road • P.O. Box 1179 Southold, INY 11971-0959 Patricia Acampora Office Location: Eric Dantes �� Town Annex/First Floor, Robert Lehnert,Jr. 54375 Main Road(at Youngs Avenue) Nicholas Planamento �00 NTY+��V Southold,NY 11971 http://southoldtownny.gov ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 April 10, 2024 Patricia Moore Attorney at Law 51020 Main Road Southold, NY 11971 Re: Lieb Vines, LLC/Oregon Road Estates, LLC, File #6469 13050 Oregon Road, Cutchogue SCTM No. 1000-83-3-2.1 Dear Mrs. Moore; We are in receipt of your correspondence, dated March 12, 2024, informing our Board of changes your client wishes to make to the interior of the existing space of the above subject vineyard tasting room/office/storage building. The original June 15, 2011 decision granted your client permission to convert a portion of the existing storage building to a public tasting room, private tasting room,public restrooms, and new office space, totaling 2,020 sq. ft. in size within the 5,549 sq. ft. storage building located less than the code required 100 feet setback from a major road. Based upon concerns of the Southold Town Planning Board relating to mitigation of any adverse impacts to traffic, parking and noise, this Board conditioned the subject relief by restricting any additional expansion of the tasting room. Upon review and discussion of your submission during the Zoning Board of Appeals April 4, 2024 Regular Meeting, the Board unanimously agreed that since you are requesting this Board to remove a condition of their approval, that your request is not de minimis in nature. Please do not hesitate to contact our office with any questions or concerns. S' er y, Leslie Kanes Weisman Chairperson cc: Michael Verity, Building Department i PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631) 765-4330 Fax: (631) 765-4643 March 12, 2024 By Email Received- Leslie Kanes Weisman, Chairperson and Board MAR 14 2024 Southold Town Town Hall Annex, 54 Zoning Board5 Main Road Appeals Zoning Board of gppeals Southold,NY 11971 ego oa - tates ine, are Pre ices: Oregon Road, u c gue SCTM#1000-83-3-2.1 Dear Chairperson Weisman and Board: The owners of the building formerly owned by Lieb Vineyards wish to make some interior alterations to the existing space and are hereby requesting a di minimis determination. The attached"Notice of Disapproval"has been issued requiring that the Planning Board approve a revised site plan. In the past the tasting room patrons have, on occasion, during the peak season parked off the road adjacent to the vines and the owners wish to provide appropriate parking within designated spaces in the parking area. I am attaching the 2011 ZBA decision (Appeal#6469)together with the"demolition plan'with the existing space,the proposed site plan and interior plans showing the proposed interior alterations to the existing building. The interior was previously updated in 2013 with building department approval when the bathrooms were modified. An area originally described as an office was used as a private tasting room. This change was approved by the building department without Zoning Board review. The bathrooms and interior public spaces have been relocated and redesigned to function better. The office and storage area are at the back of the building. The proposed redesign is intended to meet the spirit and intent of the Zoning Board decision. No exterior expansion is proposed, each space shows the occupancy limit of the space which gives management a means of controlling reservations. The tasting area occupancy is changing by 41 more patrons (which includes the private tasting area(35 patrons)which the Board had not reviewed). Very trul yours, a ricia C. Moore MAILING ADDRESS: LANN BOARD MEMBERS �O��Of sD(/ryOlO P.O.Box 1179 MARTIN H. O Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS e/s -*a.- Town Hall Annex KENNETH L.EDWARDS G �p 54375 State Route 25 JAMES H.RICH III 0 ��CO (cor.Main Youngs Ave.) DONALD J.WILCENSKi ul� Southold, d,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM RECEIVED MAY ?all To: Leslie Weisman , ZBA Chairperson 80ARD OFAPPE Members of the Zoning Board of Appeals ASS From: Martin H. Sidor, Chair 0 Members of the Planning Board Date: May 10, 2011 Re: Request for Comments for Lieb Vines, LLC SCTM#1000-83-3-2.1 ZBA#6469 The Planning Board has reviewed the project and the variance of the hundred- foot front yard setback of the proposed new retail wine tasting room. Upon reviewing the Comprehensive Plan, it has been determined that this proposal is consistent with the goal of supporting and maintaining agriculture. The conversion of an existing agricultural building to a new agricultural use (tasting room) will be furthering this goal. However, there are several challenges for this location to operate as a retail tasting room, all of which can be overcome if the operators limit the number and size of vehicles at the site that current accommodations allow. The location is not suitable for large events. While the overall size of this vineyard parcel is 13.6 acres, 12.7 acres are restricted by an easement held by the Town for development rights, leaving only 0.92 acres available for use of the tasting room and necessary requirements. As proposed, the limited site area does not allow for any additional overflow parking. The site also appears unsuited to accommodate buses and large limos, the parking of which is not recommended along Oregon Road. The Planning Board supports the area variance and the creation of a tasting room at this location if the applicant will agree to refrain from conducting events that attract or invite more vehicles than the site can safely accommodate. The building has a much larger occupancy than is currently proposed. Our concern is RECEIVED - MAY I Y 2011 Lieb Vines, LLC PaciftfiRD OF APpE,gLS May 10, 2011 that the large storage room may be used for events in the future and that there isn't enough available parking on site. This is not to say that no events can be held at this site. Events where attendees are given the option to park elsewhere and are shuttled to the site is one way to pontrol the number of vehicles at the site. Another concern is the proximity of nearby residences. Again, this concern can be alleviated by some control over the number and size of vehicles, and a limit on the number, size, and types of non-agricultural activities that are conducted at the site (e.g. weddings, private parties, amplified music, operating late in the evening, etc.). P4-6 (N.Y'.5.D.O.T.) NOT TO 5.~.ALE PI,AN pI~3FOF~:D I' RPZ INFT, N. LATION E:rr..E 5HF 2 F0R DErAIIJ 5GALE~ I' = I~0uO' HTR HATER HAIN PALE BROHN FINE TO STORI"i IP~AINA®E CALCULATION-' A~PHALT DRIVEHAY (PARK. IN~ A~A I,~-IERE INDICATED) I:~[OPO.~E D I~E~LCIAN DLOOK CURB (TKP) :: PROP. . HEFT EXIST. ~ P/i4T 15LUEETONE ='ROP HANDIOAp PAI;~d N~. SI~N (ERE DTL, THIS 5HT) EL 42.5 2~.0' DELOH C~R.AOE ' ' , (,2) IOex~' Pl~P LE/~;HIN6 P~L5 ~ ~P~R E~ ~D ; ~ 5TO~ V0~ ~1~ = 1~4.12 C~.  PAEKIN~ A~ .,. ~E I~ICA~D ~ -" % ~ ~ ~ EXIFTIN~ EDgE DP N.. LOCATION MAP: E~ ~ ~. PAVEHENT ~ NOT TO 5, PER O~ (4) ~o', ~ i=' u~. ~ - P~[OPO : pATiO OFFICE Ff~IVAC, T' HEDC'~= (S~E b I',ll::~'~ P 5C.,HP.~UL~, 5HT 2) EX. ~LEC,. METEI EX. pROPANE TANKS TO REMAIN I~'x24' ¸%. OFFICE PHELLIN¢ 51TUATE AT, TO~IN OF; 5OUTHOLD SUFFOLK ~OUNT¥, NEIN YORK N/Off THOHA5 U~II~ER il KA~J~ UHLIN0~R PROPOSED .NF~IC~I.'IUP3,L BUILDIN~ 'A' , ,~. HATer SERVICE Al~.A ~ 5;,~1 ~f. HOLE EXIETIN~ 5TOP~OE AREA F,F,:66~' 51TE DATA, AREA OF 51TE~ ~XIETIN~, ~ 5q4,144 S.F. N.d.,. (I~IACJ EX. AERIe. BLOC A 5,5~q 5.F. I~, PROP. AERie. P.AR. .OOq4 iMP[ERViou~ ~UI~J~AE, E, (DOES NOT INCLUDE BLUESTONE EXISTIN~ AJ~.A, ~ 5.F. (I.O~) PROPOSED AREA, 18,..2q2 5.P, (2."f4~) SI3~ PLAN BAYED ON Of~I¢INAL SURVEY BT': NATHAN TAFT OORi41N III CNN POINT ~ - l,~ ~.~. ED~ P. H~HE5 EXJSTIN~ ' P~i~ ~ ~ ~0~ KITCHEN A~ ' 22~.,5 COX LANE, UNIT ~.4 ex, °o,, (151 5.F.) REPLACE PROP BL~ETONE 50PJ:/,4;E [;U. lPF'r~ i SEE DTL, ~T 2 SANITARY HASTE 5¥gTEM 6"IlNIMUM GOHMEROIAL 5YETEH) I - 5EFTIG TAl~- ~"e X .5' DP 5TPJ~.TURE (4' Llda-IID DEPTH) I - LEAC, HIN~ POOL ~'(Pxl2~ LI~. DEPTH NOTE= MAINTAIN A MINIPUH HITHIN 20' OF 5EPTIE, T~ET ~ ix ~Z3 FEET OF pROPERTY LINE ~ 5~oA~E ~CO FEET OF PROPERI~ LIKE N/off C.~REC~OP-Y A. DOTO 9JSAN DOyD CUTe;HOC-Ur, N¥ IIq~.5 PARKIN~ REGUIREI"IENTS~ EXISrlN~ EUILDIk~ 'A~ RETAIL 5HOP / 5TORE = I 5t:) / 200 PT 5,:~152.PT / 200 FT / 5P = 2~, .5~,~E5 ~ PAR(,.EL AREA 40,000 sq. ft. (O.ql~' ~J E~EPTIG TANK, LEAE, HINE~ pOOL EXISTII',~ 6ONTOU~ EXIETIN~ ER,APE x ~.O TEST HOLE 6,&p.,~E PL~ ELEVATION ~.P = ISAFE DIG. . I Before Y0u Dig, Drill Or Blastl S I T E 6RAPHI6 SCALE FAPJq FIELO PEVEL~ FJE. t~5 TO 15E AREA: 554,144,44 !o~. fL (12.1;21 o~J MICHAEL DEMCHAK ~ N/off ANTONE E. t~ERK. O~I II 6ERALDINE 15. 15ERKOJ,~KI xbS.5 U~ED FOR IRRIOATION PURposE5 ,¢ PAP--.T I A!_ PLAN NO HELL5 HITHIN 150 FEET OF pROPERTY LINE -pROpOSED STORM OP-.AINA~E 5YETEH (2) IO'e x 8' LI~. DE~H NO ~E ~TE~ HI.IN ~oo FEET OF P~PER~ LI~ . ~C~IN LI~ ~E ~. 12" O~,E~. H ~ ~LL~ 60 120 180 240 500 I": E~O'-O" X CHAIN LIN~ SCOPE OF WORK: I. pROVIDE PROPOSED E~UILDIN~ 2. HODiP¥ INTERIOR. OF EXIETIN~ ~IL~I~ ~A~ A5 ~OH~. ~. I~VI~E P~P~E~ ~ANITART 5~RVIOE A~ RPZ. 4. PROVIDE ~OP~ED °A~l~ 5. ~1~ PATIO, ~N~API~, ~T~ ~1~, LIttle, FENCI~, ETC. SANITARY 'YIEI,D CAI-C: ALLO~LE FLOI4 (DENSITY), I ~I;~UNDP4A'I~R MANAC~EMENT ZONE, IV ~,O~DLE FLOH POE 51~ = 600 ~/AC~ 0.04 e~/~ JDATED~ .E~PTIC TAN~: 2x DE'~'ICN PLO~ 2 X J68.67 Gpll = 73/.34 UFO 5~,8.6-/ ~,AL/'DAT' / 1.5 = 245.-/,¢' .5~.FT. [~1~ E'~.,,L~ gEE, (I) ~,'e x 12' LId~JIP DEPTH LEAC, HIN~ POOL RECEIVED BOARD OF ADP' O O 1 oF 2 SECTION t NOTES: ~ ~" , Drill Or Blast! ~5 DATA ~ I ~, ~24,1 ~ BACKFLOH P~EV~NTE~ LAND~A~ ~HEDULE THe ~ 5T~ ~UT-~P ~D ~ ~ ~ ~ ~ ~T-~F a~ ~H ~E BACKFLOH P~VEN~R TO PILL 5LO~Y. ~ =~' AIR AT ~H ~ST C~K. ~N 'NI~~ A~VIA~ 5LO~T ~N THE DO'STeAM 5HUT-~F ~ FI~ THE ~TE~ ~P~ 0 TON 5~H. ~1~ 15 ~C~AEY TO AVOID IRRIOATION NOTE= P~eE TO IN~ COHPOmHTS. H~W ~ ~ L~I~ -- ~ ~ ~5 ~ TO ~ mOtTle I CAST I~ ~ TO ~ I PI~E5 ~ ~I~ED OF D~ 20' HIN GE~AR ~T~ MIN. 4'* ~ ~ OR <~T PA~R ~, PIT~HE~ 12" PINE ~ ~P) MIN~" ~ LIN ~ ~TM~ ~ ~ LI~ 5~TA OF TO--IL ~ (IN~RIOR IN~TALLATIO~ ~ ~ SPECIFICATIONSFOR TREEPLANTIN¢ ~ ~l~ ~T ~ ~T TO ~DI~ ~ ~T ~ ~, / . ~ ~ ~'~" ~' ~ ~", T~ICAI. S~~Y LEACH~G POOL (LP) 6REA,~ Tt~ L?, (T~E FOOT 60LLAR~ E,X~NOII~E~ OOHN UHTIL A HYORA~LIC COt~c6,TION 15 ESTADLISh~D HJTH A SEE DECISION ', 'NC^"SPt4F.~CLE^NSANCN, a40TBE~RED, ApESI~FOR^N,N_TEP44AT,~. DATED ~ L],%".~©// / / RECEIVED MAR ~ ~ ?011 BOARD OF APPEALS DRIVE A KINe AEA PAVEMENT SECTION PARKIN¢ FIELD SECTION , ~'.~L(~'): 'o'~' ~.~ =~"-o' SE~IC T~K- 1200 O~. (ST) ~T TO ~ ~T TO ~E J, )(:3 (:3 ,_~ PA E: 2 oF ? DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE /HOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING March 29, 2011 Town of Southold ZBA PO Box 1179 Southold, NY 11971 Att: Leslie K. Weisman Chairman Dear Ms. Weisman: Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following applications submitted to the Suffolk County Planning Commission are to be a matter for local determination as there appears to be no significant county-wide or inter-community impact. A decision of local determination should not be construed as either an approval or disapproval. Applicants Municipal File Numbers Ciampa, Douglas & Ellen Wolfrom, Paul & Linda Lieb Vines LLC #6467 #6468 #6469 TRK:ds Very truly yours, Thomas A. Isles Director of Planning Theodore R. Klein Senior Planner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 8100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788-0099 TELECOPIER (631) 853-4044 \ ~' MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JAMES H. RICH III DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: From: Date: Re: Leslie Weisman, ZBA Chairperson Members of the Zoning Board of Appeals Martin H. Sidor, Chair ~',~ Members of the Planning Board May 10, 2011 Request for Comments for Lieb Vines, LLC SCTM#1000-83-3-2.1 ZBA# 6469 MAILING ADDRESS: P.O. Box 1179 Southold, NYl1971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 MAy I I 2011 ~OAt~D OF AppEALS The Planning Board has reviewed the project and the variance of the hundred- foot front yard setback of the proposed new retail wine tasting room. Upon reviewing the Comprehensive Plan, it has been determined that this proposal is consistent with the goal of supporting and maintaining agriculture. The conversion of an existing agricultural building to a new agricultural use (tasting room) will be furthering this goal. However, there are several challenges for this location to operate as a retail tasting room, all of which can be overcome if the operators limit the number and size of vehicles at the site that current accommodations allow. The location is not suitable for large events. While the overall size of this vineyard parcel is 13.6 acres, 12.7 acres are restricted by an easement held by the Town for development rights, leaving only 0.92 acres available for use of the tasting room and necessary requirements. As proposed, the limited site area does not allow for any additional overflow parking. The site also appears unsuited to accommodate buses and large limos, the parking of which is not recommended along Oregon Road. The Planning Board supports the area variance and the creation of a tasting room at this location if the applicant will agree to refrain from conducting events that attract or invite more vehicles than the site can safely accommodate. The building has a much larger occupancy than is currently proposed. Our concern is RECEIVED Lieb Vines, LLC MAy I .~ ZOll Pa,q~D OF AppeAL$ May 10, 2011 that the large storage room may be used for events in the future and that there isn't enough available parking on site. This is not to say that no events can be held at this site. Events where attendees are given the option to park elsewhere and are shuttled to the site is one way to control the number of vehicles at the site. Another concern is the proximity of nearby residences. Again, this concern can be alleviated by some control over the number and size of vehicles, and a limit on the number, size, and types of non-agricultural activities that are conducted at the site (e.g. weddings, private parties, amplified music, operating late in the evening, etc.). ..fig0 / TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL :~ 'I~ECEIVED BOARD OF q- t- 3o DATE: 03/18/11 TO: William Kelly for Lieb Vines LLC 22355 Cox La. Cutchogue, NY 11935 Please take notice that your application dated March 2, 2011 For permit to operate an office/tasting room in an existing storage building at Location of property: 13050 Oregon Rd., Cutchogue, NY 11935 County Tax Map No. 1000 - Section 83 Block 3 Lot 2.1 Is returned herewith and disapproved on the following grounds: The proposed Tasting Room/Office on this parcel in the AC Zone is not permitted pursuant to A~ticle III, Section 280-13(c & d) which states:. 4-c) The winery structures shall be set back a minimum of 100' from a major road and 4-d) The winery shall obtain site plan approval. Authorized Signature CC: file, ZBA Planning Bd. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. RECEIVED Fee: $,_~'~a-~i Filed By: Assigmnent No. ~{0-I ~OP, P,D OF/~.PPEAL$ APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS House No. l ~:~$treet ~DLJ [~[~) Hamlet ~//ff_Lj~T"~t SCTM 1000 Section ~ Block~2~Lot(s),~--_-. ] .~ Lot Size I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED ,~-l~" ~ BASED. ON SUI~VEY/SITE PLAN DATED ~-~-7-LD- 1~'5 . . Applicant(s)/Owner(s): L-~ ~J~,F~t4]~I~[Y~ L_LC _/ Mailing Address: ~),tt~). '~t'~)~ E21~)'-"Jr ~__LJ'T~i~/~i)~c-~ Telephone: 7~q'qO~- Fax: ~ Email: ~ NOTE: In addition to the abovea please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: ~-~t-J--- ~ ~t~Ui'Y') for ( ) Owner (~Other:~_~s.['-'{ Telephone: 7¢c-Zq - F,x: q- oCl Emai,:~ill,~llq~~~',lg,~S, Please check to specify who you ffi~ correspondence to be mailed to, porn the above names: ( ) Applicant/Owner(s), ~ Authorized Representative, ( ) Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED ~- ZLD- 11 and DENIED AN APPLICATION DATED ~ - ~ - I ~X~ Building Permit ( ) Certificate of Occupancy ( ) Pre-Certificate of Occupancy ( ) Change of Use ( ) Permit for As-Built Construction ( ) Other: FOR: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: )~'-~ Section: ~.~ND-I~ Subsection: d-E- Type of ~ppeal. An Appeal is made for: /y~ A Variance to the Zoning Code or Zoning Map. ' ( ) A Variance due to lack of access required by New York Town Law- Section 280-A. ( ) Interpretation of the Town Code, Article Section ( ) Reversal or Other A prior appeal ( ) has, ¢ has not been made at any time with respect to this property, UNDER Appeal No(s). ~ Year(s). ' ~ . (Please be sure'to research before completing lhis. flaf~tion or call otr office for axsi*tanc~ R CEI'VED? Name of Owner: File it REASONS FOR APPEAL {additional sheets maV be used with preparer's signature): AREA VARIANCE REASONS: ROARD OF' APPEALS (1) An undesirable change will not be produced in the CHARACTER of the neighborhood or a detriment to nearby properties if granted, because: ~ ,T~Ft~__k~gD~_~-[~ ~ t'i-~,'~-/T-s~ ~ (2) e benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: '¥~_ ~-~>?4~'oq~_ ~ ~ (3) The amount of relief requested is not substantial because: (4) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: ~[~-[- (5) Has the alleged difficulty been self-created? ( )Yes, or ~No. re there covenants and Restrictions concerning this mhd: ~tNo. [] Yes (please £urnish copy). This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety, and welfare of the community. Check this box ( ) IF A USE VARIANCE IS BEING REQUESTED, AND PLEASE COMPLETE THE ATTACHED USE VARIAN~~~ultt~°~r attorney~ (Agenl must submit written~kuthorization from Owner) Sworn t~._llefp, re me this ~'- CLAIRE L. 68.EW Notary PWolio, ~i~ of New Yolk NO. 01(3L487g$0~ Quailrmd in Suffolk ~mra~ Applicant: APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) ?]~d~-~'t4~ Date Prepared: ~ - 7~1- [ [ I. For Demolition of Existing Building Areas Please describe areas being removed: / " RECEIVFD '~ II. New Construction Areas (New Dwelling or New Additions/Extensions):~ Dimensions of first floor extension: ~ Dimensions of new second floor: ~ Dimensions of floor above second level: ~ 2011 c~u~*xu OF APPEALS Height (from finished ground to top offS.' _ Is basement or lowest floor area .~ll~o~ed? If yes, measured fro~sfing grade to first floor: please provide height (above ground) III. Proposed Construction Description (Alterations or Structural Changes) (attach extra sheet if necessary) - Please describe building areas: N~ber of Floors and. G~neral Characteristics BEFORE Alterations: N_~.~rs~and Changes WITH A, lter t~ons: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: Proposed increase of building ?,vet-age: C) Square footage of your lot: ~qq: Iq~ 7. ~ Percentage of coverage of your lot by building area: V. Purpose of New Construction: "/~T~ VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requiremenJ~s): , Please submit seven (7) photos, labeled to show different angles of yard areas after staking corners for new construction), and photos of building area to be altered with yard view. 7/2002; 2/2005; 1/2007 QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION Is the subject premises listed on the real estate market for sale? x~ Yes No Are there any proposals to change or alter land contours? ~ No Yes attached sheet. please explain on r RECEIVED BOARD OF APPEALS 1 .) Are there areas that contain sand or wetland grasses? 2.) Are those areas shown on the survey submitted with this application? 3.) Is tlle.l~roperty bulk headed between the wetlands area and the upland building area? N ~) 4.) If your property contains wetlands or pond areas, have yl~u contacted the Office of the Town trustees for its determination of jurisdiction? A [[~'" Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of perm it with conditions and approved survey. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? ]X~ ~ Please show area of the structures on a diagram if any exist or state none on the above line. Do you have any construction taking place at this time concerning your premises?/Q/~ If yes, please submit a copy of your building perlftt~ved by the Building Department and please describe: ~ Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. garage, pool or other) /~4.fffh~ttized~i[datu~[ arq Date Do you or any co-owner also own other land adjoining or close to this parcel? '-~ If yes, please label the proximity of your lands on your survey. Please list present use or operations conducted at this parcel V,12,Q~_~ ~ ~/XlT~A ~r/~_ and the proposed use .~r') '-/'J~rr:>'--/~--~ ~ .. (ex: existing single family, proposed: same with PROJECT ID NUMBER PART 1 - PROJECT INFORMATION 1. APPLICANT I SPONSOR 617.20 APPENDIX C STATE ENVIRONMENTAL QUALITY REVIEW SHORT ENVIRONMENTAL ASSESSMENT FORM for UNLISTED ACTIONS Only ( To be completed by Applicant or Project SponsOr) ~t A R ~) ~ ? n 1 2. PROJECT NAME RECEIVED 3.PROJECT LOCATION: 4, PRECISE LOCATION: Street Addess and Road Interseollons, prOmJnenl landmarks etc - or provide mad 5.,B PNDPOSED ACTION: [] 7. AMOUNT OF LAND AFFECTED: Initially J acres Ultimately j acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER RESTRICTIONS? E~] Other (describe) 9. WHAT IS PRESENT LAND USE IN VICINITY O~ROJECT? (Choose as many as apply,) ~--'-]Resi6entia, r']industrial r---~Commemia, ~[Agriculture E~]Pa*/Foms,/OpenSpace i0. DOES ACTION INVOLVE A PERMIT APPROVAL. OR FUNDING. NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (,~e~l. state or Local) ]Yes /.~No If yes, list agency name and perm/! I approval: 11.~ES ~ ASPECT OF THE AC~'ION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? Yes ~]No I' yes, list agency o.~e a.d ~ermlt / apprOval: 1~e$. AS A U~:~T OF PROPOSED ACTION WILL EXISTING PERMIT/ APPROVAL REQUIRE MODIFICATION? ~'1 CERTIFY THAT THE· INFORMATION PROVID''D ABOVE IS TRUE TO THE BEST OF MY KNOW?,-EDGE EALS PART Ii - IMPACT ASSESSMENT (To be completed b)~ Lead Aflency) A. DOES ACTION EXCEED AN'~ TYPE I THRESHOLD IN 6 NYCRR, PART 617.47 If yes. coordinale the review process and use the FULL EAF. F-] Yes [~]No B. WILL ACTION RECEIVE COORDINATED REVIEW AS PROVIDED FOR UNLISTED ACTIONS IN 6 NYCRR, PART 617.6? if NO, a negative cleclara6on may be superseded by another involved agen~.y. C. COULD ACTION RESULT IN ANY ADVERSE EFFECTS ASSOCIATED WiTH THE FOLLOWING: (Nlswers may be handwflften, if legible) C1. Exisif .,rig air quality, surface or gmundwatsr quality or quao6ty, noise levels, exis~ng ttaffic pattern, solid wasle preducgon or disposal, C2. Aasthe~. agrlcullural, archee0ieglcal, historic, or other natural or cultural resources; or community or nelghbo~n~ C~a~.a~ Explain bdefly; C4. Acomtr~lnt!y'$exl~ngmf~$or goals as ~/rF~,li~ly adOpted; of a change in u~eo ntene/~y~f~seoil~d Orotll;i~t~;imsoume~Explainb~fl , o. V~L~ ~"E ~,O~CT ~.v. AN iMPACT ON T,E E.VIRO,M~NTAL C.^~OTER,S"OS T~,T OA~SE~ ;;/~ ~ST^.LIS.,~';~., CRIT'oA~ r-lYe, I--I.o (~ ~' E, IS THF. RE, OR IS THERE LIKELY TO ElL1 C~rI~ROVERS¥ RELATED TO POTENTIAL ADVERSE ENVIRONMENTAL IMPACTS';' Ir yea ex~al~: I PART Ill - ~ ! I=~,I~INATE)N OF 81QNIFICANCE (To be ~3aL~ethd by Agency) effect should be assessed in connection with Its (a) setting (Le~ urban or rural); (bi probability of occurring; (c) duration: (d) irreveraib)ity; geographic scope; and (fi magnitude. If neoe~sa~, acid attachments or reference suppo~iing materials. Ensure thai explenatJoils contain determination. Name o/Lead Agency Date Title of Responsible Officer Pdnt or Type Name of Responsfble Officer in Lead Agency Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible olficer) TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown. NorthFork.net Examined ,20 Approved ,20__ Disapproved a/c/~ ¢~/I ¢/,{ Expiration 20__ PERMIT NO. BLDG. DEPl. IOWN OF SOUIHOLD BUILDING PERMIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey. ~ Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: q~J_Z~~ Mail to: Phone: Building Inspector APPLICATION FOR BUILDING PERMIT Date ,,~ - Z. ,20 il INSTRUCTIONS a. This application MUST be completely filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months a~er the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authoyized inspectors on premises and in building for necessary inspections~//~ 4~ ///e- '~(Si~h~tu're /applic~ant or name, ifa corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises If applicant~uly authorized officer Builders License No. !'z_.~--~'--]~_, '~[".~ Plumbers License No. Electricians License No. ~'"'"~-~-'~" Other Trade's License No. 1. Location of land on whi~dwork [louse Number Street (As on the tax roll or latest deed) Hamlet County Tax Map No. 1000 Section ~:~ Block '~ Subdivision Filed Map No. Lot Lot 4. Estimated Cost ¢~)i~ 5. If dwelling, number of dwelling units State existing use and occupancy of premises and intended use and occupancy of proposed copstruction: a. Existing use and occupancy W2lv-~_J4. ~ ~'T~-~- ~ b. Intended useandoccupancy "~~r~//[~X~ ~:~ V,~t~--~Mag~-.~ ~~ Nature of work (check which applicable): New Building Addition Alteration Repair Removal Demolition Other Work Fee (Description) (To be paid on filing this application) ' n each floor If garage, number of cars .~ ~u aBc 6. If business, commercial or m~xeo occ p y, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front ' d,~.)I Rear .A/~' Height Z,'~' l)fr-a3,g-~ Number of Stories OAl~._ Dimensions of same structure with alterations or additions: Front K/~)~ Depth I ~,~'~ ~ Height ~.'% ~ Number of Stories 8. Dimensions of entire new construction: Front k2[~, Rear ]kt[ 4 Height ~/~ Number of Stories ]~._! ~ Size orlot: Front I ~~ ' Rear I'~'~ Depth 7---7~- Depth Rear Depth ]~/~. 10. Date of Purchase [ ~ Zq - ~ Name orFormer Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES__ 13. Will lot be re-graded? YES ~X~ NO Will excess fill be removed from premises? YES 14. Names of Owner of premises ~ ~tj~j~_.~ Address ~[~ Phone No. Name of Architect tJ~(-- l~r:l~,~,~,~,~,~,~,~w~ Address~::~c~Phone No~ NameofContractor .Id~t%l~651_l ~ Address~a.)'~E744~t.3& PhoneNo. 15 a. Is this property within 100 feet ora tidal wetland or a freshwater wetland? *YES__NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES__ NO * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines. 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO ~ · IF YES, PROVIDE A COPY. STATE OF NEW YORK) SS: COUNTY OF,~_~) ~x[~-.~ ../~_ ~ being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the A~I~_0"~! (Contractor, Agent, Corporate Officer, etc.) of said owner or owners, and is duly authorized to perlbrm or have performed the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to, before me this __ c~ day of Nots Public' No~Public, S~te,of ~ - ~atuPeofApplicant * AGRICULTURAL DATA STATEMEW[ ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECEIVED 2 2 2011 WHEN TO USE THIS FORM: The form must be completed by the applicant~O~l~l~t~a~l~p~p~l~, site plan approval, use variance, or subdivision approval on prope~ within an 'agriculmral district OR within 500 feet of a farm operation located in agricultural district. AH applica~ons requiring an agricultural data statement must be referred to the Suffolk Coun~ Department of Planning in accordance with Sections 239- m and 239-n of the General MunicipM Law. 1) Nme ofApplicant: ~ ~ 2) Ad&essofApplicant: ZZ~ ~ ~ ~,~q FJ ~Of~O~_ ~M ~l~ 3) Nme of Land Owner (ifo~r than.applic~t): ~ ~~ 4) Ad~ss of L~d Owner: ~ ~" ~ %~ ~~,~ ~ 5) Description of Proposed Project: ~ '~ ~ ~ 6) Location of Property (ro~d and tax map numberk tqqq~ ~t¢ 2) Is th~ paine] within an agricultural dist~ct? ~No ~Yes If yes, ~cult~al District Number J 8) Is t~is parcel actively fa~ed? ~No ~Yes 9) Name and address of any owner(s) 'of land within the aBficultural district comammg active fa~ operation(s) located 500 feet of the boun~ of the proposed project. (~fo~ation may be available ae Town Assessors Office, Town Hall locatio~ ~265-1932) or from ay public computer m ~e Town Hall locations by viewing the parcel numbers on the Town of Southold Real Prope~y Tax System. Name and Address ' (Plmse ase back side of page if more than six propeay owners are identified.) The lot numbers may be obtained, in advance, when requested from either the Office of the Planning Board at 765-1938 oL~he ~oning Board 0f APpeals at 765-1809. (~." '~ /,~ffgi{a~ o~Applicant Date Note: 1. The local board will solicit comments 'fi.om the owners of land identified above in order to consider the effect of the proposed acti6h on their farm operation. Solicitation wilLbe made by supplying a copy &this statement. 2: Comments returned to the local board will be taken into consideration as part of the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant and/or the clerk of the board to the property owners identified above. The cost for mailing shall be paid by the applic.ant at the time the application is submitted for review. Failure to pay at such time means the application is not complete and cannot be acted upon by the board. 1-14-09 RECEIVED ~,AR ~ ~ 2011 BOARD OF APPEALS FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southold, N.Y. CERTIFICATE OF OCCUPANCY RECEIVED MAR 2 2 BOARD OF APPEALS NO: Z-33177 Date: 07/30/08 THIS CERTIFIES ~t the build~-g AG STORAGE Location of Property: 13050 OREGON RD CUTCHOGUE (HOUSE NO.) (STREET) (HAMLET) county Tax Map NO. 473889 Section 83 Block 3 ~ot 2.1 Subdivision Filed Map No. __ hot NO. __ conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 31, 2006 purs,,~nt to whiCh Building permit NO. 32245-Z dated JULY 31~ 2006 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 CONSTRUCTION OF AN AGRICULTURAL STORAGE BUILDING AS APPLIED FOR. Th~ certificate is issued to LIEB VINES LLC of the aforesaid building. (OWNER) SUFfOlK COU~T"f DBPA~Tg~E~T OF H~m%LTH A~pROVAL N/A ~.~.-rM~[CA~ C~RTIFICAT~ NO. 4006247 07/17/08 Rev, 1/SI RECEIVED EAR 2 BOARD OF APPEALS To: Town of Southold Planning Board Fr: Lieb Vineyards, LLC Mark Lieb / Owner Re: Authorization Letter I Mark Lieb, owner of Lieb Vineyards, LLC property SCTM# 1000-83-03-02 in the Hamlet of Cutchogue hereby Authorize William Kelly to act as my agent and handle all necessary w°rk inv°lved with the ~9?/?)~./j/Tz~5~lanning B°ard' Signature of owner Sworn before me this ~d ~'~day/of~"'/~ ,,¢~2~ 5/ in the year / C~M JANET V STEWART · TARY PUBLIC STATE OF NEVi/YORKI SUFFOLK COUNTY NO. 52-46&33485 M. EXPIRES November 30, APPLICANT/AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Sonthold's Code of Ethics orohibits conflicts of intcwest on the oart of town officers and emolovcas. The ounx~e of this form is to omvide information which can alert the town of ~ozsthle conflicts ofintcrezt and allow it to take whatever action ;n nece~arv to avoid same. (Last name, first namc~ middle initial, unless you are appiylng in the name of someone else or other entity, such as a company. If so, indicate thc other pcrson'$ or company's name.) NAME OF APPLICATION: [Check ali that apply.) Tax grievance Building Variance Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Planning Other (lf"Other". name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a pan~nership, in which the town 6ffleer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns mom than 5% of the shams. YES NO ~/~ If you answered "YES". complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that perso~ Describe the relationship between youmelf (lhe applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, siblthg, parent, o'r child is (check all that apply): __.A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __B) the legal or beneficial owner of any interest in a non-corporate entity (when the applicant is not a corporation); __~2) an officer, dieeetor, panner, or employee of the applicant; or __D] the actual applicant. DESCRIPTION OF RELATIONSHIP Form TS ! APPLICANT/AGENT/REPRESENTATiVE TRANSACTIONAL DISCLOSURE FORM RECEIVED ~AR 2 2 2011 BOARD OF APPEALS The Town of Southold's Code of Ethic~ orohibits conflicts of interest on the part of town officers and emolovees. The ouroose of this form is to orovide i,fonuation which can ale~ the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid sa/~. ! / ~" (~a6t nan/6, t~r.~Jrname,'5~ddle initial, unless you are applying in the name of someone else 6r otheriffntity, such as a company. If so, indicate the other person's or company's name.) NAME OF APPL1CATION: (Check all that apply.) Tax grievance -- Building Variance ~ Trustee Change of Zone Coastal Erosion Approval of plat Mooring Exemption from plat or official map Plarming Other (If"Other", name the activity.) Do you personally (or through your company~ spouse, sibling, parent, or child) have a relationship with any officer or employee 0fthe Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town 6fficer or employee has even a partial ownership of(or employment by) a corporation in which the town officer or employee owns mom than 5% &the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name &person employed by the Town of Southold Title or position of that person Describe the relationship betwee.~ yourself(the applicanl/agenl/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse~t, or child is (check all that apply): A} the owner of greater than ~ares &the corporate stock of'the applicant (when the applicant is~4~6rporation); B) the legal or bene[~,ei~l owner of any interest in a non.corporate entity (when he applicant i~.nof~ corpOration); C) an office..r~4irector, partner, or employee of the applicant; or D) ~fial applicant. DESCRIPTION OF RELATI~ Form TS 1 Town of Southold A. INSTRUCTIONS [ RECEIVED( MAR 2 2 2011 LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS 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" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus~ each answer must be explained in detail~ listing both supporting and non- suD~ortim, facts. 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 scm# ~Deep - - C>%- PROJECT NAME The Application has been submitted to (check appropriate response): 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) Namre (c) and extent of action: Permit, approval, license, certification: Location ofaction:~ ~)~C/'~t ~l Siteacre ge: Present land use: V~-A]~ ~-~) Present zoning classification: A~ ~~--- If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Mailin~ N~of applicant: (c) Telephone number~ (d) Application num~: Will the a~ectly undertaken, req~r approval by a state or federal agency? Yes [--~o [--~ If yes, which.state or federal agen~ C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will reqnire that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastrncture, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section IH - Policies; Page 2 for evaluation criteria. [~ Yes [~ No ~ot Applicable Attach additional sheets ff necessa~. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Sectiou IH - Policies Pages 3 through 6 for evaluation criteria ~] Yes [--] No, Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III - Policies Pages 6 through 7 for evaluation criteria f [] Yes [] No No, Applicable Attach additional sheets ff necessa~ NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III- Policies P/ages B through 16 for evaluation criteria [] No , Not Applic hle Attach additional sheets ff necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 t~ro~ngh 21 for evaluation criteria [] Yes [] No~ot Applicable Attach additional sheets if neeessa~ 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 IH - Policies; Pages 22 through 32 for evaluation criteria. ~] Yes ~'~ No ~Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section HI - Policies Pages 32 through 34 for evaluation criteria. [] Yes [] No,Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section Ill - Policies; Pages 34 through 38 for evaluation criteria. [] Yes [--] No ~Not Applicable 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 LWRP Section Ill - Policies; Pages :38 through 46 for evaluation criteria. [] Yes[] No,Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. S~e LWRP Section IH - Policies; Pages 47 through 56 for evaluation criteria. [~ Yes ~--] No ~,~Not~ Applicable ~0%~ Attach additional shcets if neccssary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town water~ S~ee LWRP Section IH - Policies; Pages 57 through 62 for evaluation criteria. [~ Yes [] No L~ Not[~ Applicable Attach additional shccts if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 Attach additional shcets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section Ill - Policies; Pages 65 through 68 for evaluation criteria. [--] Yes [] No [~Not Applicable PREPARED BY Amended on 8/1/05 O--WN ER sTREET VILLAGE ' DIST7 SUB LOT ACR. REMARKS TYPE OF BLD. PROP. CLA~ LAND IMP, TOTAL DATE FRONTAGE ON WATER TILLABLE FRONTAGE O~"OAO ~ WOOOLANO DEPTH Z~ 5 =V MEADOWLAND__ BULKHEAD HOUSE/LOT TOTAL 83.-3-2.1 10/06 M. Bldg. J.//OO~,/.O ~--.._ ,_,~'o/./O .~,~"' _3~r80 Foundation cB"C Bath Dinette Extension Basement CRAWL Floors Kit. Extension Ext. Walls Interior Finish ~Extension Fire Place Heat D.R. Patio Woodstove BR. Porch Dormer Fin. Deck Attic Breezeway Rooms 1st Floor Garage Driveway Rooms 2nd Floor QB Pool ~/ TOW. OF SOUT,O'D ~V~ER ...... STREET VILLAGE DIST7 SUB. L~)-T ACR. ] REMARKS TYPE OF BLD. ~ LAND IMP.TOTALDATE ~, ,--~ .- - ,~oo ~0o ~=o. i .do/o, ///7~ ~9n~_~/5~..~ U/~_~_ ~ FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD ~ WOODLAND DEPTH I~ ~%~ MEADOWLAND -- I ~ ~a, BULKHEAD HOUSE/LOT ~ ~ TOTAL I ...... ~ ELIZABETH A. NEVILLE, RMC, CMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 southoldtown.northfork.net OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: FROM: DATED: RE: Southold Town Zoning Board of Appeals Elizabeth A. Neville March 24, 2011 Zoning Appeal No. 6469 Transmitted herewith is Zoning Appeals No. 6469 of Bill Kelly for Lieb Vineyards LLC ~ the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Short Environmental Assessment Form, Agxicultuml Data Statement, Transactional Disclosure Form, LWRP Consistency Assessment Form, Notice of Disapproval from Building Department Dated March 18, 2011, Copy of Certificate of Occupancy No. Z-33177 Dated July 30, 2008, Authorization Letter from Mark Lieb to William Kelly to Represent him in this Matter, Copy of Two Pages of Property Record Cards (One Both Sides), One Page of Photos of Property as it Exists, Two Pages of Plans Showing Site Plans and Septic Diagrams Dated May 20, 2010 Prepared by Jeffrey T. Butler. Town of Southold P.O Box 1179 Southold, NY 11971 Date: 03/24/11 * * * RECEIPT * * * Receipt'8: 99577 Transaction(s): 1 1 Application Fees Reference Subtotal 6469 $500.00 Check#: 8535 Total Paid: $500.00 Name: Sikorski, Sandra 2235 Brigantine Dr. Southold, NY 11971 Clerk ID: CAROLH Internal ID: 6469 Page 1 of 1 Toth, Vicki From: Sam McCullough [sm_mvi@yahoo.com1 Sent: Wednesday, June 01,2011 2:36 PM To: Toth, Vicki Subject: Lieb Vineyards, Comments for Hearing Attachments: Lieb Variance.doc Dear Ms. Toth, OF APPEALs I've attached a letter which I would like read into the record of the public hearing regarding the application of Lieb Vineyards for a variance to open a tasting room on Oregon Rd. Could you please get this to the Board in time for the hearing? I've also faxed it to the Zoning Board office. Thank you for your help. I'd attend the hearing but I have a scheduling conflict. Yours truly, H. N McCullough 6/1/2011 Harold N. McCullough 8200 Cox Lane P.O. Box 56 Cutchogue, NY 11935 Zoning Board of Appeals Leslie Kanes Weisman, Chairperson FAX 631-765-9064 JUN I 2['I so, D June 1, 2011 Dear Ms. Kanes Weisman and fellow Board Members, I am writing this letter with regard to the application before you (#6469) regarding the conversion for the Lieb Vineyards barn into an office and tasting room. Please read this letter into the record of the public hearing. I wished to attend the hearing, but have a scheduling conflict. In principle I am not opposed to the conversion of use from barn to office and tasting room provided that all applicable codes are strictly adhered to. This would include restrictions imposed by the open space easement on the majority of the parcel. That said, I have reservations as to the desirability of establishing a tasting room at this location. The primary concern is noise from outdoor music. It is well established that farm wineries are allowed to host entertainment and to sell wine for on site consumption. This effectively allows a farm winery to operate as a bar, and several in this town do. Some wineries are considerate of their neighbors and some are not. I (and my neighbors) do not want a Vineyard 48 or a Peconic Bay Winery type operation, with blasting music and crowds of drunks, taking over the area every weekend. It will most likely be argued that the owner of Lieb Vineyards owns a home in the neighborhood so he would never allow that disruption to the peace and tranquility of the area. Mark Lieb conducts business from his Oregon Road address but lives in Greenwich, CT and Bridgehampton. If it is within the power of the Zoning Board of Appeals to grant a variance with enforceable conditions, I respectfully request the following: Grant the variance with the condition that there will be no outdoor music of any sort, at any time. Make any changes to the application that you feel are needed and in so doing, consider all additional comments you may receive. If the Board is not able to grant a variance with conditions, then deny the variance altogether and allow the conversion only in strict compliance with all Southold Town codes as they exist now. Thank you for your consideration of this matter. Yours truly, Harold N. McCullough BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northl~rk.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, JUNE 2, 2011 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 63095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY~ JUNE 2, 2011: 10:45AM - LIEB VlNES~ LLC. #6469 - Request for Variance from Art. III, Code Section 280- 13(4)(c) based on Building Inspector's March 18, 20tl, Notice of Disapproval and an application for building permit concerning conversion of existing storage building into an office and winery tasting room at: less than the code required 100 foot setback from a major road at; 13050 Oregon Rd., Cutchogue, NY. SCTM#1000-83-3-2.1. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth~.Town. Southold.ny.us. Dated: May 9, 2011 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 84375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1t79 Southold, NY 11971-0959 ZONING BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631) 765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http://southtown.northfork.net May 6, 2011 Re: Town Code Chapter 55 -Public Notices for Thursday, June 2, 2011 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of the Times Review newspaper. 1) Before May 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction are~ or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to al._~l owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable, you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing, providing the returned letter to us as soon as possible; AND not later than May 23: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (,when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later May 25st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Postin.q for receipt by our office before May 31, 2011. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls, NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: LIEB VINES LLC. # 6469 SCTM #: 1000-83-3-2.1 VARIANCE: SETBACK REQUEST: CONVERT EXISTING STORAGE BLDG. TO OFFICE & WINERY TASTING ROOM DATE: THURS., JUNE 2, 2011 If you are interested in this project, you may review the file(s} prior to the hear, ng during normal business days between 8 AM and 3 PM, ZONING BOARD OF APPEALS-TOWN OF SOUTHOLD 765-1809 10:45AM 10251 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 19th dayofMa¥, 2011. Principal Clerk LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY JUNE 2, 2011 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning),Town ~f Southold, thc follovAng pubhc hear- ings will be held by the SOUTHOLD TOWN ZONTNG BOARD OF AP- PEALS at the Town Hall, 53095 Main Road, EO. Box 1179, Southold, New York 11971-0959, on THURSDAy JUNE 2. 2011: 9'.30 AM - ANDREW GREENE g6387 - (adj. from 6/30/10) Request for Variance from Code Section 280-116(A) based on an application for building permit and the Building Inspector's March 24, 2010, Notice of Disapproval concerning construction of an acces- sory in-ground swhnming pool at less than the code requ~ed setback from a bluff of 1~0 feet at; 30653 Route 48, Sworn to before me this (adj. to Long Island Sound) Peconic, NY. SCTM#1000-73-4-5. 10:00 AM - GEORGE and MARY VAIL g6475 - Request for Variances from Code Article XXIII Section 280- 124 and the Building Inspector's April 6, 2011 Notice of Disapproval based on an application for building permit to con- struct additions to an existing dwelling at: 1) less than the code required front yard setback of 35 feet, 2) less than the code required rear yard setback of 35 feet, 3) lot coverage of more than the code re- quired 20%, 4) accessory structure in a location other than the code required rear yard; location of property: 50 Oak Avenue (Pine Avenue and Unnamed Street) Southold, NY SCTMg1000-77- 2-7 10'20 AM - ROSE L. MILAZZO REVOCABLE TRUST g64Tl - Request for Variances under Sections 280-122, 280-124 and 280-116B, based on the BuQding Inspector's February 9, 2011 Notice of Disapproval concerning an ap- plication for additions and alterations to an existing seasonal cottage, which pro- posed construction will be: I) less than the code-required minimum side yard setback of 10 feet; 2) less than the code required combined side yard setbacks of 25 feet; 3) less than the code required setback of 75 feet from the bulkhead; location: 1165 Island View Lane (adj. to underwater lands) Greenport, NY SCTM#I000-57-2-20 10:45 AM - LIEB VINES, LLC. #6469 - Request for Variance from Art. III, Code Section 280-13(4)(c) based on Building Inspector's March 18,2011, No- tice of Disapproval and an application for building permit concerning conver- sion of existing storage building into an office and winery tasting room at: less than the code required 100 foot setback from a major road at; 13050 Oregon Rd., Cutchogue. NY. SCTM#1000-83-3-2. f. 11:00 AM - ALAN and PATRICIA NORDEN #6474 - Request for Variance from Article XXIII Code Section 280- 122 and the Building Inspector's March 24, 2011 Notice of Disapproval based on an application for building permit to construct a YX12' second floor addition to a single family; 1) pursuant to Walz (#5039) such addition will constitute an increase in nonconformance, 2) front yard setback of less than the code re- quired 35 feet; at: 2395 King Street Ori- ent, NY S~fMg1000-26-2-44 ll:lS AM - GEORGE and JUDITH FLAIG ~6477 - Applicant requests a Special Exception under Article III, Section 280-13B(13). The Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure at; 2740 Mill Road Mattituck~ NY. SCTM#1000-100-5-1, 1130 AM - BEE-HIVE DEVELOP. MENT CORP. ~476 - Request for Vari- ances under Sections 280-124 and 280~ 116, based on thc Building Inspector's March 21, 2011 Notice of Disapproval concerning an application for construc- tion of a new single famiIy dwelIing at: 1) less than the code required front yard setback of 35 feet, 2) less than the code-required minhnaum of 75 feet from the bulkhead, at; 400 Old Cove Blvd. (Beverly Rd.) (adj. to Arshamomaque Pond aka Mill Creek) Southold, NY. SCTM#1000-52-2-14. 11:45 AM - GEORGE D. and MA- 2011. SKI JBLI~-STATE OF NEW YORK O, OI.VQ6! 050~- RIA KOFINAS #6473 - Request for Variance under Section 280-116, based tied tr~ Suffolk Courlt¥ on the Building Inspector's February 17, n Exphe~ Fe~t~aty 2g, 2012 2011 Notice of Disapproval con.ming an apportion to rebuiM a preexisting proposed construction will be: 1) Iess · an ~e code required setback of 75 feet from the bu~head; l~ation: 552 East Road (adj. to Cuthhogue Harbor (Great P~onic Bay)) ~tehogue, NY Request for Variance under Section D6, ba~d on the Bedding Inspector's April 5, 2011, Amended April 12, 2011 Notice of Disapproval conce~nMg an ap- plication to construct an accesso~ deck and shed, which proposed ~nst~ction will be: 1) less ~ the code required setback of 75 feet from the b~ead; location: 6485 Nassau Point Rd., (adj. to Little Pcconic Bay) ~tchogue, NY C~over Hearings, continued from prior m~tings and pending additional information: Adjourned from ~blic Hearing April 7,2011: 1:~ PM - JAMES and ~LEEN Adjoined from Public Hearing May I~0 PM - GEORGE and RUBY ~e Board of Appeals will hear all perso~ or their representative~ desir- ing to be heard at each he~g, and/or desiring to submit written statements before ~e conclusion of each hearing. Each hearing will not start e~Her than designated a~v~. Files are available for review dur~g regul~ business hours ned prior to the day of the hearing. If you have questions, please ~n~ct o~ offi~ a~ (631) 765-1809, or by emaih PERSON 54375 M~n Road (Offi~ P.O. Box 1179 10~25L1T 5/19 TOWN OFSOUTHOLD ZONiNG BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of AFFIDAVIZ ..... · OF L'~O~, ~ ~,~ ~PE.~L8 MAILINGS OName of Applicants) SCTM Parcel # 1000- ~'%" ~-~--- COUNTY OF SUFFOLK STATE OF NEW YORK I, ~ ~ residing at [~:kct~ '{~:ZgZ.~'l~dl~_ .~1~--, New York, being duly sworn, deposes and says that: On the ~/~-rll day of kJ,~kt~ ,20 hi, I personally mailed at the United States Post Office in ~-f~LMT'~.~O ~7_ , New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in Prepaid envelopes addressed to current property owners shown on the current assessment roll verified from the official records on file with the ( ) Assessors, or ( ) County Real Property Office for every property which abuts and is across or vehicular right-of-way of record, surrounding th.e.applic, anl public or private street, /P.4r, opertY. Sworn to before me this 'ill? day of f}'q~. , ,20// 186177 Cerlleiss~ ~ Ap~ 28, 2012 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. n $1.28 r~ OeCdged Fee ru [~ Return Receipt Fee D (Endorsement Required) ~:~ Restricted Delivery Fee (Endorsement Required) P- S6.43 0~1~/2011 ,.El Total Postage & Fees Postage Ceddied Fee ru [~ Return Receipt Fee i--I (Endorsement Required} D Restricted Delivery Fee (Endorsement Required) Total Postage & Fees Postage $1.2~ ~ Total Postage & Fees Postmark Here ~, Postage ~[ ,~ ~ ~-~ Cedified Fee Return Receipt Fee (Endorsement Required) Total Postage & Fees $ -¢~--':-'~-~7 .; / / ?_._~?:.....~:..o.....,... ~...:~...~. ....................... Post~ge $1 ,~ /: / Edward Hughes P.O. Box 98 Cutchogue, NY t1935 Morell LLC P.O. Box t287 Cutchogue, NY 11935 Oregon LLC P.O. Box 1287 Cutchogue, NY 11935 Norman McCullough P.O. Box 56 Cutchogue, NY 11935 Prime Purveyors P.O. Box 201 Peconic, NY 11958 83-3-7.2 83-2-12.8 83-2-12.7 84-1-30 84-3-1.1 $1.28 S2.85 $2.30 $0.00 $1.28 Town Of Southold P.O. Box t179 Southold, NY 11971 96-1-t7.5 W. Hamrogue Donahue & E. J. Donohue 263 West End Ave. New York, NY 10023 83-3-1 CeC(ified Fee ru [~ Return Receipt Fee r'~ (Endorsement Required) Restricted Defive n/Fee [~ (Endorsement Required) r'.- Total Postage & Fees Lieb Vines LLC P.O. Box 907 Cutchogue, NY 11935 Michael A. Boyd P.O. Box 65 Cutchogue, NY 11935 83-3-2.2. 83-3-3.1 $1.28 $2,~ $2.30 ~ere Total Postage & Fees ~.~ Antone Bezkoski P.O. Box 1097 Cutchogue, NY 11935 Silverstone Property Group 825 Third Ave. 37th Floor New York, NY 10022 North Fork Recycling, Inc. P.O. Box 982 Cutchogue, NY 11935 TFLC Inc. 8405 Cox Lane Cutchogue, NY 11935 Karen Uhlinger P.O. Box 1025 Cutchogue, NY 11935 83-3-3.2 83-3-4.6 83-3-4.7 83-3-8 83-3-7.1 Postage Ceriified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $1.28 I $1.28 ............... c,-~-~i~,~-~-,~;~ .......................... _ ............ ~-......~ ............. ¢ ....... r'- $2.8~ ! ~9 \ $2.30 fO.(X) $ $6.q3 ' Postage Ceriified Fee Return Receipt Fee n Total Postage & Fees · Complete Items 1,2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and addmes on the reverse so that we can return the card to you. · Attach this card to the back of the mailpisoe, or on the front if space permits. 1. Article Addressed to: ~/r=1 Addressee B. Received by ( P~ntsd Name) C. D~ate et Delivery I I,, D. Is delive~ address different from item l?' [] ~'es if YES. eater delivery address below: [] No 3. ~'Caiif)~ Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra F~e) [] Yes 2, Article Number (Tmns~r f/om service/abe/) 7010 1670 0002 1169 9358 PS Form 3811, February 2004 Domestic Return R~celpt 102595-02-M-1540 i · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1, Article Addressed to: If YES, -/-/'7.5' [] Registered [] Return Receipt for Memhand[se [] Insured Mail [] C.O.D. Restricted Delivery? (Extra F~e) r-I Yes 2. Article Number ('rransfer from service label) 7010 1670 0002:1169 9440 PS Form 3811, February 20.04 Domestic Return Receipt 10259S-02-M-1540: TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of (Name of Applicants) AFFIDAVIT OF POSTING RF.C~I~/EO BOARD OF APPEALS Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- ~ -.'~ -2, COUNTY OF SUFFOLK) STATE OF NEW YORK) I, ~..Ir~_CT.~_~t- ~J;,, ~_~ residingat 1~ ~21~1-14~3~ , New York, being duly sworn, depose and say that: On the 2~~ld' day of ~t4 ,201 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- . way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be ~ ~ 2 - ~ [I S~om to before me this 7/g Day of ]/~ac/ ,201 ~ * ne~~ay en~mace of my propeay, as the ~ea most visible to passerby. · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: 2. Artiaie Number (g, ansfer from service labet) [] Agent [] Addressee D. Is delivery eddre~s different from Item 1 ? [] Yes If YES, enter delivery address below: [] No 3. ~'~_,e~ Mail [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mai[ [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7010 1670 0002 1169 9433 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: ?.o. ,6o,v_ /28? [] Agent [] Addressee C. Date of Delivery D. Is delivery [] Yes If YES, enter detivery address below: [] No ~Servlce [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] yes 2. ArtlcleNumber 2066 699~9~ 2000 0L99~ (Transfer from sen/ice label) PS Form 3811, February 2004 Domestic Return Receipt 102595-O2-M4540 · Complete items 1, 2, and 3. Also complete Item 4 if Restricted DelNery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front if space permits. 1. Article Addressed to: Addressee ~y ( Pdnted Name) Delivery D. Is dailve~y address different from item 1 ? If YES, enter delivery address below: [] No 3. ~C~I~II [] Express Mail [] Regletaed [] Return Receipt for Merchandise X ~ Insured M.~I r'l O.O.D. 4. Restricted Deliver? (Extra Fee) [] Yes 7010 0 0002 1169 9426 - ! ~S r~m 3811, February 2004 Domestic Return Receipt 102595-~-M-1540 · · : · Complete Items 1, 2, and 3. Alan complete item 4 if Restricted Delivery Is desired. · Print your name and address on the mveme , so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: r-i Agent C. ~Dat of D ivery D. Is delivery address diffemct fl~m ~tem 1 ?/[~ Ye~ If YES, enter delivery ad~e~ below: [] No [] Reglstemcl [] Return Receipt for Merchandise [] Insured Mail [] c.O,D. 4. Restricted Delivery? (Ex/ra Fee) n Yes 2. A rticleNumber- 7010 1670 0002 1169 9457 t (rmns~r frern ~ I~ PS Fo~ 3811, Feb~a~ 20~ Domestic Return ~ 1~-1~ · Complete items 1,2, and 3. Also complete item 4 if Restricted Delivery is desired. · Print your name and address on the reveme so th~ we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. [] ,~ent [] Addressee Received by(P~ntsdName) C. Dp~ of Delivery I D. Is delivery address different flora item 1 ? I[] Y~s 1. Article Addressed to: If YES, enter delivery address below: [] No [] Express Mail [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra F~e) [] Yes 2. Article Number O-~n~o~se~,ice~) 7010 1670 0002 1169 9389 PS Form 3811, February 2004 Domestic Return Receipt · Complete items 1.2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reveme so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. A~icle Addressed to: Received by (Printed Name) [] Agent ~,ddressee D. Is delivery address different from item 1 ? If YES, enter delivery address below: [] NO [] Registered [] Return Receipt for Merchandise [] Insured Mail [] C.O.D. Resbicted Deliver/? (Extra F~e) [] yes 2. Article Number O'rans~,'~m~,'e/.beO 7010 1670 0002 1169 PS Form 3811, February 2004 Domestic Return Receipt 9464 · Complete Items 1, 2, and 3. Alan complete Item 4 If Restricted Dellvmy Is desired. · Print your name and addmes on the reveme so that we can return the card to you. · Attach this card to the back of the mailplece, or on the front If space permits. A. Signature [] Agent D. la delivery If YES, enter dellve~j address below: [] No [] Express Mall [] Regietemd [] Return Receipt for Merchandise [] Insured Mall [] C.O.D. 4. R~tdnted Delivery? (E~m Fee) [] Yes 2. A rtlcAeNumber 7010 1670 0002 1169 9372 (Transfer from service label) PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 · Complete items 1, 2, and 3. Also complete item 4 If Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addresssd to: y ( Printed Name) D. Is delivery address different from i If YES, enter delivery address below: [] Agent [] Addressee 4. Restrl~ Dellve~ (~ F~) ~ Yes ~ ~= ~ ~ ~[ ~ PS Fo~ 3811. Feb.a~ 2004 DomesticRetumR.eipt ~,,,,.2-M-1~.~ ~ J~ ~ ~ ~ o~pleteite~e%~,and~.~co~pl~e ~u~ ., ~ ~ ~ ~. ~ item 4 ff Re~ ~llve~ Is d~l~. v~ ~ , ~ L ~ ~ent Print your name and add~ on the mveme X ~ ~ ~ '~ D Addmss~ so that we can ~urn the ~ to you. B. eivad rinted Nsme C. Oat of Il e D. Is delivery address different from Item 17 EJ Yes If YES, enter dellvepj address below: [] No 3. Servl ~1 [] Express Mail [] Reglstsrad [] Return Rscelpt for Merchandise [] Insured Mail [] C.O.D. 4. Restdctad Delivepj? (Extra Fee) [] Yes · Attach this card to the back of the mallplece, or on the front If space permits. 1. Article Addressed to: 2. Article Number 70~,0 1670 (Tren~er f~om service ~b PS Form 3811, February 2004 Domestic Return Receipt 0002 1169 9396 DOD 102595-02-M-1540 BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 MEMO TO: FROM: DATE: SUBJECT: http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 ° Fax (631) 765-9064 Planning Board Leslie K. Weisman, ZBA Chairperson March 22,2011 Request for Comments ZBA #6469 - Lieb Vines LLC As confirmed with your office, the ZBA is reviewing the following application, and enclosed copies of Building Department's Notice of Disapproval, ZBA application, and latest map. The Planning Board may be involved under the site plan review steps under Chapter 280 (Zoning), and your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. NAME TAX #/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Lieb Vines 83.-3-2.1 #6469 3-18-11 280-t3(C&D) 3122/11 Jeffrey T. LLC Butler, PE, PC Your comments are appreciated by May 9, 2011. Thank you. Encls. BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jn Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork, net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 March 22, 2011 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6469 Action Requested: Within 500 feet of: Owner/Applicant: Lieb Vines LLC Demo/construction of single family dwelling (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Encls. Leslie K. Weisman ZBA Chairperson By.~-~: · // BOARD MEMBERS Leslie Kanes Weisman, Chairperson James Dinizio, Jr. Gerard P. Goehringer George Homing Ken Schneider Southold Town Hall 53095 Main Road · P.O. Box 1179 Southold, NY 11971~0959 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 · Fax (631) 765-9064 June 16, 2011 William Kelly 22355 Cox Lane Cutchogue, NY 11935 Re: ZBA File#6469 - Lieb Vines, LLC Dear Mr. Kelly: Transmitted for your records is a copy of the Board's June 15,2011 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please call the office. Sinc,,erelyr-,---h Vicki Toth Encl. Cc: Building Dept. 10.16 4.0A ~.z4 NOTICE ~ COUNTY OF SUFFOLK (~) . I ~ ~L I SOUTHOLD .:.,[.*~E,:~,~,*,.,,,.LEO: Real Property Tax Service Agency ? ~ ~ ~_ ~ SECTION NO