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Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 RECEIVED ;, ~ MA I 2 5 2010 ~ow. Cler~ FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF MARCH 16, 2010 ZBA: FILE 6106 NAME OF APPLICANT: Harbes Family Farm, LLC PROPERTY LOCATION: 715 Hallock Lane, (Sound Avenue) Mattituck CTM#1000-120-1-4 SEQRA DETERMINATION: The Southold Town Planning Board, as lead agency, 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, and is not subject to review under SEQR. SUFFOLK COUNTY ADMINISTRATIVE CODE: This application was referred as required under the Suffolk County Administrative Code Sections A 14-14 to 23, and the Suffolk County Department of Planning issued its reply dated May 20, 2009 stating that this application is considered a matter for local determination as there appears to be no significant county-wide or inter-community impact. LWRP: This application is not subject to review under Chapter 268 because the variance relief requested does not involve features that relate to a regulated natural feature or a bulkhead or other shoreline. PROPERTY FACTS/DESCRIPTION: The subject property is a 7.53 acre parcel as shown on the survey prepared by Howard W. Young, LLS dated July 30, 2007. The property has 351.13 feet of frontage on Sound Ave. (County Road 48) and 1,110.91 feet of frontage on Hallock Ave. The property is improved with farm buildings, a farm stand and parking areas. The parcel is in an AC district. BASIS OF APPLICATION: Request for Variances from Code Section 280-13A(4)C, based on an application for change of use and the Building Inspector's amended September 25, 2009 Notice of Disapproval concerning the proposed conversion of existing farm buildings to winery buildings is not permitted: 1) Building No.10 is located at less than the code required 100 foot setback from Sound Ave., 2) Building No's. 2, 3 and 4 are located at less than the code required 100 foot setback from Hallock Lane. RELIEF REQUESTED: The applicant requests relief from the minimum 100 foot setback from a major road requirement for winery buildings. The applicant proposes to convert pre-existing Building No's 2, 3, 4 and 10 from farm buildings to winery buildings. Pro-existing Building No.2 is setback 40.9 feet from Hallock Ave., pre-existing Building No. 3 is setback 33.4 feet from Hallock Ave., pre-existing Building No. 4 is setback 8.7 feet from Hallock Ave. and pre-existing building No. 10 is setback 89+/- feet from Sound Ave. as shown on the Site Plan prepared by Young & Young, dated July 30, 2007 (sheet No. AS, entitled: Alignment and Schedule Plan). The pre-existing farm buildings will require an area variance from the minimum 100 foot setback from a major read when converted to winery buildings. Page 2- March {6, 2010 ZBA File#61061: - Harbes Family Farm, LLC CTM: I000-120-1-4 at 715 Hallock Lane (Sound Ave.), Mat~ituck ADDITIONAL INFORMATION: The adjacent pamels to the North, South and West of the subject parcel are Agricultural and owned by the applicant. The adjacent single parcel to the East of the subject parcel is Agricultural and owned by other(s). The applicant's parcel is a corner lot fronting Sound Ave. (County Road 48), a major thoroughfare, and having a second front yard on Hallock Ave., not a major thoroughfare. There is no definition in the Code for "major road", therefore under this Appeal, the Board considers Hallock Ave. a private road and not a "major road" with respect to Article III, Section 280-13 A(4)C. FINDINGS OF FACT/REASONS FOR BOARD ACTION: The Zoning Board of Appeals held a public hearing on this application February 25, 2010, at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property, and other evidence, the Zoning Board finds the following facts to be true and relevant and makes the following findings: On the basis of testimony presented, materials submitted and personal inspections, the Board makes the following findings: 1. Town Law §267-b¢3)(b)(t) Granting of the requested variances will not produce an undesirable change in the character of the neighborhood or a detriment to nearby properties. The subject buildings are pre-existing barn-style farm buildings and the change of use to proposed winery buildings would continue to promote the barn-style architecture and agricultural character of this neighborhood. There has been no testimony or evidence submitted to suggest that the granting of variances for these buildings would be a detriment to nearby properties. 2. Town Law §267-bi3){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 subject buildings are farm buildings in their pre-existing location and a change of use to a winery building would require a setback variance due to their pre-existing location. The pre-existing farm buildings that the applicant desires to use would have to be physically relocated to the 100 foot setback requirement to comply with the Code. A physical relocation of these buildings is not feasible because there already exists other buildings and structures, in the location(s) where these buildings would have to be relocated to, in order to conform to the 100 foot setback requirement. 3. Town Law §267-bi3){b){3) The variance requested herein for Building No.10 of 11 feet (11%) to a 100 foot setback requirement from Sound Ave. (a major road) is not mathematically substantial. The variances requested herein for, Building No.2 of 59.1 feet (59%), Building No.3 of 66.6 feet (67%), and Building No.4 of 91.3 feet (91%) to a 100 foot setback requirement from Hallock Ave. (a private road and not a major thoroughfare) are mathematically substantial. 4. Town Law §267-b{3){b){4) No evidence has been submitted to suggest that a variance in this agricultural community will have an adverse impact on the physical or environmental conditions in the neighborhood. The.conversion of 3200 +/- square foot Building No.4 to a Wine Tasting Room will consequently increase the vehicular use of Hallock Ave. The proposed Site Plan addresses parking, and testimony by the applicant stated they will make road improvements to Hallock Ave., to mitigate its increased vehicular use. 5. Town Law §267-b(3)(b)(5) The difficulty has been self-created insofar as it is the applicant's desire to change the use of pro-existing farm buildings to proposed winery buildings, which subsequently will then subject the proposed winery buildings to the 100 foot setback requirement from a major road. The applicant's desire to engage in the Wine Business and convert the use of pre-existing farm buildings to winery buildings aro a practical and efficient use of existing buildings. 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 converting the use of pre-existing farm buildings to winery Page 3- March |6, 2010 ZBA File#6106: - Harbes Family Farm, LLC CTM: 1000-120-1-4 at 715 Hallock Lane (Sound Ave.), Mottituck buildings 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 Schneider, seconded by Member Goehringer, and duly carried, to GRANT the variances as applied for, and shown on the Site Plan prepared by Young & Young, dated July 30, 2007 (sheet No. AS, Alignment and Schedule Plan). Conditions: The winery shall obtain site plan approval. That the above conditions be written into the Building Inspector's Certificate of Occupancy, when issued Any deviation from thc 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 fmur¢ use, setback or other feature of the subject property that may violate the Zoning Code, other than such uses, setbacks and other features as are expressly addressed in this action. The Board reserves the right to substitute a similar design that is de minimis in nature for an alteration that does not increase the degree of nonconformity. Vote of the Board: Ayes: Members Dinizio, Goehringer, Schneider, Weisman (Chairperson). (Absent was: Member Horning)/~s Resolution was duly adopted (4-0). Leslie Kanes Weisma~t, Chairperson Approved for filing r.J'/~.~/2010 c~ REC. EIVED . MA O ,/- <D ~ULK 5~HE~UL~ G NYT~3 ~LD~. NO.5 BLD~, NO.5 ~INE MAKIN~ FAGILIT'I' tDL~O. NO."') ~ I~INE TASTINg, I~,OOM NO.2 / / 4 5* LAWN I I I I I I I I I I I I I / I I / / / I / I I I / / LAWN BLDg. ~ 5TOI;.A~E 5H~D tSLD~. NO.q ~ARMSTAN~ OFt=IC,E © DLD~. NO.IO F, II NE TAD. TINe, l~20M NO,I B, LD<~, NO.I FINAL MAP REVIEWED BY ZBA SEE DECISION # Young & Young PA~KIN® C, ALC, ULATION NOTE5 EN(51NEERI5 GERTIFIC, ATION SURVEYOr'5 GtSRTIt=IC. ATION O~flNE~ P.O. BOX 1524 HATTI~OK, N~ YORK rlq52 FARMDTAND, ~INE MAKIN¢ ~ ~[NE TADTIN~ E~A~ ~. HA~BE5 III .Ab Mc~Lt:l~:uck, To~ln oF 5~u~;hold, Dui:folk Oounf;9, N,~ York I0o0 ri2 I I ALIGNMENT $ 5GH~DULE PLAN DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE Town of Southold Planning Board PO Box 1179 Southold, New York 11935 Att: Ms. Kristy Winser, Senior Planner May 20, 2009 THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Dear Ms. Winser: Pursuant to Section 2391 & m of the General Municipal Law, the following site plan/special exception which has been submitted to the Suffolk County Planning Commission is considered to be .a matt,e~r ~for local determination as there appears to be no significant county-wide or inter-community ~mpactts). A decision of local determination should not be construed as either an approval orr disapproval. Site Plan Harbes Family Winery S.C.T.M. No. 1000-120-1.4 & 1000-112-01-7.1 Local File No. N/A APF:ds NOTE: Does not constitute acceptance of any zoning action associated therewith before any other local regulatory board. ~ ery truly yours, [1~ ~ ~" [¢~Ic; ~ r?~q ~ ['~-~. I~ :Thomas A.\l~ Isles, AICP ! ! L~,I ' 1', I ! ~ ! Direct~ of Planning ~ ], i' 'b -t:..jT:!:~ Chiefmlanner LOCATION MAILING ADDRESS H. LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11788~099 TELECOPIER (631) 853~t044 PLANNING BOARD MEMBERS [0~ MARTIN H. SIDOR ~ vc~. ~ Chair WiLLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OVFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 October 16, 2009 Edward Harbes 715 Sound Avenue Mattituck NY 11952 Re: PLANNING BOARD OFFICE 0 c]bc.g Site plan sppli~lion for Harbss Family SCTM~ ~20-%4, ~ Dear Mr. Harbes: I'm writing as a follow up to the work session held on October 13, 2009 where the following map changes were discussed in connection to your site plan. Please revise in accordance with the following comments and submit (7) copies to the Planning Department for review. LWRP Recommendations: · Install Iow growing vegetation on the new parking area No. I islands that separate Sound Ave. from the parking area. · Provide street trees (where possible) within the town right of way to improve visual quality of Sound Ave. · Reduce the introduction of artificial light sources and preserve the dark sky by reducing the number of light poles proposed in the new parking area and retro fit existing lights to conform to the dark sky standards. Parkin.q Area No. 1: Show parking space, aisle and curb cut dimensions and parking bumpers for each stall. The Planning Board, after review and discussion during previous work sessions, requested a cross over access agreement with the adjoining lot to the west. Please submit a copy of the draft Covenants & Restrictions to this Department for the future cross access easement and indicate the same on the revised site plan. Once received, a copy will be forwarded to the Town Attorney for review and approval prior to filing with the Suffolk County Clerk. Landscapin.q on Site: ,, The site plan shows the front area of the site to remain as having earth stone pavement. As per Town Code Section 280-93 (A) all residential districts require front yards to be landscaped with grass or suitable ground cover, trees and or shrubs. Provide a description and means to meet this requirement. · Additionally, as per Town Code Section 280-95 B, a landscaped area having a min. of 4 feet shall be provided along perimeters of parking areas except for areas providing access. Also, as Site Plan Application for Harbes Family Winery p.2 per Section 280-92 (F) in cases where the edge of pavement within a public ROW does not coincide with the front lot line, the property owner shall landscape the area between the front lot line and the street pavement. Please submit a landscape plan that to the best extent practicable meets these regulations that is also supported by the LWRP recommendations. The landscape plan should have more detail regarding landscaping, including quantity, location and species of plantings on site. Landscape calculations should be provided on the plan for the Board's consideration. Si,qns: Show all existing and proposed signs with dimensions on site. Signs to be reviewed should include recommended directional signs for parking. No Parking signs along Sound Avenue will need to be considered by the Town Board. All signs must meet Town Code §280-80/90 and may require review and approval from the Building Department. Hallock Lane: · The Board has requested a 28' foot paved road for the first 250' feet then narrowing to a 20-foot right of way for the remainder of the road. · Although drainage proposed meets the requirements of the code, the drainage design will need to be modified and expanded to accommodate this new pavement area to prevent run-off from entering onto the Town roadway. · This should be shown in detail on the revised site plan by having all road and drainage details to be reviewed by the Town Engineer. Pedestrian Access Ways: · Internal pedestrian access has been recommended and should be incorporated throughout the site connecting new and existing parking areas to the farm and wine buildings. · Seasonally required cross-overs should be indicated on the plan at locations where patrons tend to park and cress roadways to access the site. Li.qhtinq: Provide a lighting plan having lighting fixture details for review. Said lighting plan shall include existing and proposed lighting on site. Provide detail to how you will amend existing light fixtures to conform to Dark Sky standards and limit the amount of light poles in parking areas as recommended in connection to the LWRP comments. Floor Plans: Submit floor plans for review of the buildings proposed for public access. For your convenience you may provide hand drawn sketches for review. Submit required a.qency documents and obtain approvals: Suffolk County Department of Health Services, Suffolk County Water Authority and Zoning Board of Appeals. OCT 2 0 2009 Site Plan Application for Harbes Family WinerF It should be noted that map changes are required by the Planning Board but are requested at your discretion to when you make them. It may be in your best interested to wait for a final determination from the Zoning Board of Appeals prior to submitting revised site plans. Please contact me anytime with any questions you may have. Thank you. Kdsty Winser Senior Planner Cc: Planning Board /' Zoning Board of Appeals,/ Heather Lanza, Planning Director Michael Verity, Chief Building Inspector OCT 2 0 2OO9 October 14, 2009 -4 Iai Mr. Edward Harbes 715 Sound Avenue Mattituck NY 11952 Re; SEQRA Type II Action: Site Plan Application for Harbes Family Winery Located at 715 Hallock Lane, on the northwest corner of Sound Avenue and Hailock Avenue, in Mattituck SCTM#120-1-4, 112-1-7.6 Zoning District: A-C Dear Mr. Harbes: The Southold Town Planning Board, at a meeting held on Tuesday, October 13, 2009, adopted the following resolution: WHEREAS, the applicant, Edward Harbes, submitted a Site Plan Application on January 23, 2008 for the addition of retail winery and wine production facilities to an existing farm stand; and WHEREAS, this site plan is for the addition of retail winery and wine production facilities to an existing farm stand. The existing farm stand, (Bldg. One), consists of a retail area, roof-over area, display preparation area & walk-in storage area of 3,522 sq. ft. The proposed retail winery and wine production facilities will be incorporated into existing agricultural buildings as follows: (Bldg. Two) - wine tasting room No. 2 of 373 sq. ft., (Bldg. Three) - wine-making facility of 572 sq. ft., (Bldg. Four) - wine-tasting room No. 3 of 3,198 sq. ft. having a deck addition of 4,431 sq. ft., and (Bldg. Ten) -wine tasting room No. 1 of 326 sq. ft. Other existing buildings on the site include: a farm office of 292 sq. ft. (Bldg. Five), storage shed of 192 sq. ft. (Bldg. Six), restrooms of 121 sq. ft. (Bldg. Seven), a frame shed of 68 sq. ft. (Bldg. Eight), a farm office of 102 sq. ft. (Bldg. Nine), two greenhouses of 3,007 sq. ft. each (Bldgs. Eleven & Twelve). In addition, the site provides existing parking of 28 spaces (Parking Area No. 1) and provides new parking of 7 cars (Parking Area No. 2) and a seasonal overflow parking area (Parking Area No. 3) for 43 spaces along with a new loading area for trucks. The overall property is 15.61 acres in the A-C Zoning District located at the northwest corner of Sound Avenue and Hallock Avenue in Mattituck. SCTM#1000-120-1-4 & 1000-112-1-7.1; and Harbes Family Winery Pa,qe Two October 14, 2009 WHEREAS, on January 28, 2008, the Planning Board accepted this application; therefore, be it RESOLVED, that 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, and not subject to review under SEQR. If you have any questions regarding the above, please contact this office. Very truly yours, Martin H. Sidor Chairman Office~¢ocation: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 MEMO http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 TO: FROM: DATE: Jerilyn B. Woodhouse, Chairperson, Planning Board Heather Lanza, Director of Planning Jerry Goehringer, ZBA Chair,,..~.~.a. rr'__---.._.~.-----~:~:: March 18, 2008 3 P.M. ........ SUBJECT: SEQRA Coordination (Town Apphcations) - Harbes Family Farm ZBA #6106 During the first hearing, Zoning Board Members had discussions with the applicants and their agent. Certain areas of concern were discussed, and the placement of existing buildings were evaluated, not only as to the use of each structure, but to the placement of each relative to the current Zoning Code. These discussions were based on the current site plan with the ZBA that consists of many existing accessory structures (a large barn, existing building(s), proposed building/buildings with additions) to be used for winery purposes. The changes to the site as proposed may include additional traffic, together with the presence of larger commercial vehicles that transport patrons to the site. Issues of pedestrian safety, especially crossing over sound Avenue and Hallock Lane, are of concern to the Board. The following is a request for additional clarification and confirmation at this time: 1. Who has easements over Hallock Lane, a private lane, and copies of the easements. 2. Setback distance for the proposed large deck addition to the barn to be occupied by patrons. O 3. Request for on-site safety barriers concerning vehicles and pedestrians in all areas adjacent to both Sound Avenue and Hallock Lane, and a location acceptable to the Town Engineer and Highway superintendent for the safety barriers and one centrally located with safe access through the barriers for use also by patrons parking off-premises from the parcel owned by the Harbes Family on the opposite site (south) of Sound Avenue. Upon receipt of the above from the applicant, and additional information from the Planning Board regarding SEQRA, the application will be added by the Board of Appeals to the next available meeting calendar to reconvene the hearing. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 '~dSPS Mailing Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 March 18, 2008 Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 Re: ZBA File # 6106 -Application by Harbes Family Farm Dear Ms. Mesiano: This will confirm that the following are requested for additional clarification and confirmation at this time, and per discussions during the February 28, 2008 public hearing held by the Board of Appeals. 1. Who has easements over Hallock Lane, a private lane, and copies of the easements. 2. Setback distance for the proposed large deck addition to the barn to be occupied by patrons. Request for on-site safety barriers concerning vehicles and pedestrians in all areas adjacent to both Sound Avenue and Hallock Lane, and a location acceptable to the Town Engineer and Highway superintendent for the safety barriers and one centrally located with safe access through the barriers for use also by patrons parking off-premises from the parcel owned by the Harbes Family on the opposite site (south) of Sound Avenue. Upon receipt of the above and additional information from the Planning Board regarding SEQRA, the application will be added by the Board of Appeals to the next available meeting calendar to reconvene the hearing. Page 2 - March 18, 2008 To: Catherine Mesiano, Inc. Re: ZBA # 6106 - Application by Harbes Family Farm regarding SEQRA, the application will be added by the Board of Appeals to the next available meeting calendar to reconvene the hearing. Gerard P Goehnnge Chairman / PLANNING BOARD MEMBER~l~ JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND Date: To: From: PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 26, 2008 Gerard Goehringer, Chair, Zoning Board of Appeals Jerilyn 13 Woodhouse, Chair (~ 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 FEB 2 6 2008 BOARD OF APPEALS Re: Appeal # 6106 Harbes Family Winery 715 Sound Avenue, Mattituck SCTM: 1000-120-1-4 & 1000-112-1-7.6 Zoning District: AC In response to your memo dated January 22, 2008, the Planning Board has reviewed the application referenced above, and offers the following information and comments: Background information: On September 28, 2005 the Mattituck Fire District responded with conditions. Attached is a copy of the response for your review. The Fire hydrant is installed and shown on the site plan. We received a complete site plan application for this project on January 23, 2008, under a Notice of Disapproval from the Building Department dated May 23, 2005 and last revised October 25, 2007. At our January 28, 2008 work session, the Planning Board requested the staff prepare a letter with minor revisions to the site plan, and a complete site plan application be submitted. On January 31, 2008 we received a revised Notice of Disapproval from the Building Department dated May 23, 2005 and last January 24, 2008. Be advised that the under the Town Code Section 280-13 A 4 b Wineries require "at least 10 acres", Planning will process the site plan application under two SCTM numbers as follows: SCTM: 1000-120-1-4 & Harbes Family Winery Page Two February 26, 2008 1000-112-1-7.6 and the Notice of Disapproval notes only one SCTM number. The current drawing in the Planning Board's file is dated July 30, 2007 and includes the following drawing labels: GL, AS, GD-1 -GD-2, LP, WS & EC-1-EC-2. The legal description created for this project is as follows: This site plan is for the addition of retail winery and wine production facilities to an existing farm stand. The existing farm stand, Building (Bldg.) One, consists of a retail area, roof-over area, display preparation area & walk-in storage area. The proposed retail winery and wine production facilities will be incorporated into existing agricultural buildings as follows; Bldg Two - wine tasting room of 373 sq. ft., Bldg. Three - wine-making facility of 572 sq. ft., Bldg. Four - wine tasting room of 3,198 sq. ft. with a deck addition of 4,431 sq. ft., and Bldg. Ten - wine tasting room of 326 sq. ft. Other existing buildings on the site include; a farm office of 292 sq. ft (Bldg. Five), a storage shed of 192 sq. ft (Bldg. Six), restrooms of 121 sq. ft (Bldg. Seven), a Frame Shed of 68 sq. ft (Bldg. Eight), a farm office of 102 sq. ft. (Bldg. Nine), two greenhouses of 3,007 sg. Ft. each (Bldgs. Eleven & Twelve). In addition, the site provides existing parking of 28 spaces and provides new parking of 46 spaces along with a new loading area for macks. The overall property is 15.61 acres in the A-C Zone located at the northwest comer of Sound Avenue and Hallock Lane in Mattituck. SCTM# 1000-120.-1-4 & 1000-112.-1-7.1 The proposed project is adjacent to agricultural zones and one residence. The Planning Board has started the SEQRA review pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act and initiated the SEQR lead agency coordination process for this Unlisted Action on February 12, 2008. Prior to Planning Board approval, this application will require the following reviews: Southold Town Building Inspector, Town Engineer, LWRP, Mattituck Fire Department, Suffolk County Planning Department, Suffolk County Department of Health Services and the Architectural Review Committee. Harbes Family Winery Planning Board comments: Page Three February 26, 2008 After a site visit, the Planning Board found that the building locations do not hinder safe traffic movement along Hallock Lane, and the site appears to be generally functional as proposed (see remaining concems below). The applicant is proposing to restore existing farm buildings, all in character with the agricultural heritage of the Town, that have historic value, and may be too fragile to move. Rights of way and cross-over issues will need to be clarified for the use of Hallock Lane, a private road, and the use of the westernmost curb cut on Sound Avenue, located on the adjacent parcel. The Planning Board has requested the applicant provide an illustration of the ownership of the private road on the site plan, and also provide the supporting documentation, including all relevant deeds and easements. The proposed parking as shown offers improvements from the present parking conditions within the site. The proposed parking will meet the Town Parking regulations. The Planning Board is concerned about seasonal usage that may require overflow parking, and about buses utilizing the site. The applicant has offered to allow for overflow and bus usage north of the furthest parking area in the open farmland. Additionally, the applicant offered parking of buses in the area noted on the plan as new service maneuvering area. The Planning Board will require that the overflow parking area be designated as such on the site plan, and an estimate provided as to the number of cars it can accommodate. We appreciate the opportunity to offer comments, please do not hesitate to contact this office should you have any questions or need further assistance. Thank you. File Attachment PLANNING BOARD MEMBER~" JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND 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 February 26, 2008 Catherine Mesiano, Inc Catherine Mesiano 12 Mill Pond Lane E. Moriches, N.Y. 11940 FEB 2 6 2008 BOARD OF APPEALS Re: Harbes Family Farm & Winery SCTM #: 1000-112-1-7.6 & 1000-120-I-4 Dear Ms. Mesiano: The Planning Board has reviewed the revised site plan application at the work session held on February 25, 2008. After preliminary review of the site plan, please be aware the following changes/information nmst be included in a revised site plan: · All handicap parking stalls and access aisles must comply with New York State Code and ADA requirements. ADA parking spaces of area # 2 will not comply as designed for unload, surface type and will require signage. ADA parking spaces of area # 3 will not comply as designed for surface type, accessible route and will require a sign. Please submit a written amendment, which may be attached to the plans we have in the file. · Under the Town Code Section 280-13 A 4 b Wineries require "at least 10 acres", Planning will process the site plan application under two SCTM numbers as follo~vs: SCTM: 1000-120-1-4 & 1000-112-1-7.6 and the Notice of Disapproval notes only one SCTM number. Please have the application and any other corresponding documents reflect the proper SCTM numbers. · Parking calculations proposed do not meet thc Town Code. Attached you will find the Farm Stand Code Chapter 135 for review. Additionally, we have reviewed the revised parking schedule and it still requires revisions to meet the code. Attached is a copy of the revised parking schedule. Please have the parking calculations revised and detail the actual square foot of the proposed use with all the corresponding parking requirement. · Please note the proposed seasonal usage overflow parking proposed on the north side of the pamel on the site plan with noted access & egress, surface and approximate number of parking spaces. Harbes Winery Page Two February 26, 2008 · Notes indicated on plan labeled "AS" may need to be revised. Add" and NYS Code" to the first note, confirm that no lighting is currently present on the site or remove the second note, modify the third note with the NYSBC access requirements of 20' clear width. Please submit a written amendment, which may be attached to the plans we have in the file. · It appears important that the Building Department review this proposal for NYS BC compliance on proposed building use changes. To streamline the process it is recommend that you contact the Building Department directly and work out all requirements. · Be aware all signs must meet Town Code {}280-80/90 and may require review and approval from the Building Department. The sign as located on the plan is over the property line and within the right of way. The proposed location is not permitted. · The Planning Board, after review and discussion, is requiring an access agreement with the adjoining lot on the west SCTM 1000-120-1-3. Provide information of any driveways or access ways to the site shown on private land outside the boundaries of the site. · The proposed access to the site on the east includes a private road. Please illustrate all easements and ownership of the private road and their dimensions on the site plan, and submit all relevant documentation to support the illustration, including recorded easements and deeds. · Please identify the icon illustrated on the site plan and label as Fire Hydrant. · Detail all Outdoor lighting, if applicable, with detail of the wattage, filament type and fixture style (refer to Town Code {}280-117). Utilize dark sky compliant fixtures. · The site plan notes Hallock Avenue and the tax map notes Hallock Lane, please have the surveyor correct the map with the correct name. · Please submit the proper site plan application fee based on the project scope change, see the Town Code Section 280-138. Be advised the record indicates that on 09/22/05 a fee of $ 594.40 was received. You may submit a xvritten amendment with the changes described above that can be attached to the plans we have in the file. As a courtesy, you may submit one (1) revised site plan incorporating all of the above referenced changes to this Department for an initial reviexv prior to submitting all of the necessary copies. Additionally, since multiple agencies xvill comment on this site plan you may submit a letter acknowledging the changes prior to modification of the actual site plan. Once the Planning Board has reviewed and accepted the necessary changes, please submit seven (7) copies of the revised site plan to this office so that it may be distributed to all necessary agencies. Attached is a copy of the Memo sent to the Zoning Board of appeals dated February 26, 2008 for your review. Be advised that the Planning Board met on February 20, 2008 and requested the application be referred to the Southold Town Transportation Committee for review comments. This is to notify you that the Planning Department will need to obtain comments from the following departments/agencies before the Planning Board can approve this site plan: ARC, LWRP, Mattituck Fire Department (final), Town Engineer and Southold Town Building Department. Harbes Winery Page Three February 26, 2008 You are required to verify agency requirements, submit required agency documents and obtain approvals from Suffolk County Department of Health Services, Suffolk County Water Authority, NYS DEC SPEDES and Zoning Board of Appeals. Please do not hesitate to contact this office if you have any questions. Senior Site Plan Reviewer Cc: File, Planning Board, ZBA, young & Young Thomas Wolpert Chapter 135 FARM STANDS § 135-1. Legislative intent. § 135-2. Permit required. § 135-3. Standards for issuance of permit. § 135-4. Fee fur pernfit. § 135-5. Noncnnforming farm stands. § 135-6. Penalties fnr offenses. [HISTORY: Adopted by the Town Board of thc Town nf Southold 5-13-1997 hy I,.L. Nh. 9-1997. Amendmeuts noted where applicable.] § 135-1. Legislative intent. Farm stands are an important part of the Town's agricultural character. Regulation is necessary to ensure that farm stands remain an adjunct to agricultural uses and do not become significant co~nmercial operations in rnral and residential areas, § 135-2. Permit required. It shall be unlawful for any person to erect, place or sell fi'om a farm stand or stands in excess of a total of 20 square feet in area unless the strnctnrc has been issued a farm stand permit by the Building Department. A farm stand is defined itl (haptcr -80, Zoning, of this Code. § 135-3. Standards for issnance of pernfit. No farm stand permit shall be issued unless the structure and operation meet the lbllowmg requirements. All farm stand permits shall be subject to revocation if the farm stand fails to operate in compliance with the standards set forth below. No farm stand may be ill excess of 1,000 square feet in floor area. Farm stands m excess of 1,000 square feet are permitted only with site plan approval from tile Phmning Board and with special exception approval from the Zoning Board of Appeals and in accordance with Chapter 280 Articles XX1V and XXV of the Southold Town Code. The farm stand must be located on a lot conlainiug at least five tillable acres of land (excluding any house or agricultural buildings) owned or leased by the owner of the fin'm stand. Alternatively, tile farm stand may be located on a lot at least two acres in size (excluding any house or agricultural bniklings} it' tile titan stand ox~ner can eslablish owuership or lease of at least five tillable acrcs of land m tile Town of Southold, The farm stand shall sell only produce, plant slock or products cooked, pressed oi dried from produce grown on farnfing operations ~ ilhin the five East End towns. At leasl 8()"~ ot the produce, plant stock or products mnst come f¥om the owner's or lenant fiirmcr's OWll farming operations. A farm stand shall nnt sell nmnuiklcturcd products. 135:1 o5 -ii~ - 2oo6 § 135-3 S()L;I'I I()LI) CODE § 135-6 E. F. A faru'~ staud may be operated with an accessory greeuhouse, so Iollg as the combined area of both stntctnres does not exceed 1,000 square feet. All greeohouse operations are sub eot to thc restrictions listed helein. Tile topsoil which lies under the farm stand or accessoD, gieenhouse mnst be retaiued permanently ou the site. Tile farm stand and greenhousc shall be set back a minimum of 50 feet from the adjoiuing public road, iu order to allow cars to maneuve~ on the farlll staud site without creatiug traffic safety problems ou the ~oad. The site shall provide m~e parking space for ever5, 100 sqnarc feet of stand and greenhouse area, in a location approved by tile Planniug Bourd. § 135-4. Fee for permit. The fee for a faru~ stand permit shall be iu an amouut set by the Town Bourd by resolution, as amended from time to time. § 135-5. Nonconforming farm stands. A farm stand existing ou the date of adoptiou of this law which does not conform to the provisious of this chapter shall be deemed to be a noncouforming building and shall be subject to the provisious within this Code for nonconforming buildings, § 135-6. Penalties for offenses. Any violation of this chapter shall be grouuds for revocatiou of the farm stand permit. Fnrthermore, any violator of this chapter shall, upon couviction, be guilty of a violation punishable by a fine not exceeding $500 or imprisonment for a period not to exceed 15 days, or both. Each day on which such violution shall occur shall constitute a separate, additional offense. For a second and subsequent conviction withiu 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $1,500 or imprisonment for a period not to exceed 15 days or both such fmc and imprisoumeul. 135:2 05 - 01 ~ 21}{)6 KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD February 19, 2008 Amended Re: Lead Agency Coordination Request, Revised Attachmer 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 Rr CFAYF=O FEB 20 2008 E, OARD OF AppEALS Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act- SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern you believe should be evaluated. 4. Please disregard the incomplete Long EAF part one attached to the lead agency coordination request, dated February 12, 2008 and utilize the attached Short EAF. Enclosed is a copy of the Short Environmental Assessment Form to assist you in your response. Project Name: Proposed Site Plan for Harbes Family Winery Located at the northwest corner of Sound Avenue and Hallock Lane in Mattituck SCTM#1000~120-1-4 & 1000~112-1-7.1 Zoning District: Agricultural (AC) Requested Action: This site plan is for the addition of retail winery and wine production facilities to an existing farm stand. The existing farm stand, Building (Bldg.) One, consists of a retail area, roof- over area, display preparation area & walk-in storage area. The proposed retail winery and wine production facilities will be incorporated into existing agricultural buildings as follows; Bldg. Two - wine tasting room of 373 sq. ft., Bldg. Three - wine-making facility of 572 sq. ft., Bldg. Four - wine tasting room of 3,198 sq. ft. with a deck addition of 4,431 sq. ft., and Bldg. Ten - wine tasting room of 326 sq. ft. Other existing buildings on the site include; a farm office of 292 sq. ft (Bldg. Five), a storage shed of 192 sq. ft (Bldg. Six), restrooms of 121 sq. ft (Bldg. Seven), a Frame Shed of 68 sq. ft. (Bldg. Eight), a farm office of 102 sq. ft. (Bldg. Nine), two greenhouses of 3,007 sg. Ft. each (Bldgs. Eleven & Twelve). In addition, the site provides existing parking of 28 spaces and provides new Lead A.qenc¥ Coordination Request Pa.qe Two February 19, 2008 parking of 46 spaces along with a new loading area for trucks. The overall property is 15.61 acres in the A-C Zone located at the northwest corner of Sound Avenue and Hallock Avenue in Mattituck. SEQRA Classification: ( ) Type I ( ) Type II (X) Unlisted Contact Person: Bruno Semon, Senior Site Plan Reviewer (631) 765-1938 The lead agency will determine the need for an Environmental Impact Statement (ELS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (x) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: For further information on this project, please feel free to contact this office. Bruno Semon Senior Site Plan Reviewer CC: Scott Russell, Southold Town Supervisor Southold Town Board Southold Town Building Department Southold Town Zoning Board of Appeals Southold Town Engineer Southold Town LWRP Coordinator Southold Town Board of Trustees attachment: Short EAF NYS Department of Agriculture & Markets NYSDEC - Stony Brook SCDHS, Office of Ecology, Kimberly Shaw Suffolk County Dept. of Health Services Suffolk County Planning Commission Suffolk County Water Authority File WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, May 11, 2009 4:30 p.m. Applications: Site Plans Location: facilities to an existing farm stand. The overall property is 15.61 acres in , the A-C Zone. Action: Attachments: :r ........Project .n_ame: _ [~ ..................................... North Fork Self Storag~ ....... ~'~7'~"#i ' ~'~'~:~ ~ ~ i~ ............ L0c. atioQ~ i 115 ~om.~.er~e. D.[~e.... Cutch?gu~ Description: This site plan is for the construction of a 23,490 sq. ff. self-storage building on a 47,166 sq. fl. parcel in the Light Industrial Zoning District located on the west side of Commerce Drive, approximately 475 feet south from Co~Ro[~.Ro~d ~n~.~.og~.~ [ ~c~i~.~ ........ ~..Rev~e~ re~i~e~!~, a.~...~a.~..~.e.~ision oq..A.R.~.~m.~ent~ Atta~h.men~ j.~.~9~o~mffpda~ions and ~[opo~ed. E~ex~9~s ~. L.o~a!~!on; North.side ~f..B~!dg.e..L~ane. at. t.~.e. nte.rse~'~_q.n.. 9~.(~.r.~gO~. R0~d,. ~utch.qgu.e! Description: This site plan is for the construction of an 8,635 sq. foot building for the purposes of a private wine-making facility on a 31.07 acre parcel in the Status: New Site Plan a.p~lication out and begin SEQR. Attachments: ~. Staff Report Project name: Beds and Borders SCTM#: 1000-127-2-2.1 Location: i 550 NYS Rt. 25, Laurel Description: F~0.~0s~d.. ~ ~.~r~..~nd...Ap..l~!i(~.tj0 ~ ........................ Status; [... B.~...~!..~g....D...OJ~.a...r~.n~.~[!~...t~...~9~[U .e.~.ed...~ m ~e n~s: A~a~hme~s; . ~.~ PLANNING BOARD MEM]~RS - ' ¥~/ JERILYN B. WOODHOUSE ~ Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAII.ING 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 February 12, 2008 Re: Lead Agency Coordination Request The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act- SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern you believe should be evaluated. Enclosed are a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your response. Project Name: Proposed Site Plan for Harbes Family Winery Located at the northwest corner of Sound Avenue and Hallock Lane in Mattituck SCTM#1000~120-1-4 & 1000-112-1-7.1 Zoning District: Agricultural (AC) Requested Action: This site plan is for the addition of retail winery and wine production facilities to an existing farm stand. The existing farm stand, Building (Bldg.) One, consists of a retail area, roof- over area, display preparation area & walk-in storage area. The proposed retail winery and wine production facilities will be incorporated into existing agricultural buildings as follows; Bldg. Two - wine tasting room of 373 sq. ft., Bldg. Three - wine-making facility of 572 sq. ft., Bldg. Four - wine tasting room of 3,198 sq. ft. with a deck addition of 4,431 sq. ft., and Bldg. Ten - wine tasting room of 326 sq. ft. Other existing buildings on the site include; a farm office of 292 sq. ft (Bldg. Five), a storage shed of 192 sq. ft (Bldg. Six), restrooms of 121 sq. ft (Bldg. Seven), a Frame Shed of 68 sq. ft. (Bldg. Eight), a farm office of 102 sq. ft. (Bldg. Nine), two greenhouses of 3,007 sq. Ft. each (Bldgs. Eleven & Twelve). In addition, the site provides existing parking of 28 spaces and provides new parking of 46 spaces along with a new loading area for trucks. The overall property is 15.61 acres in the A-C Zone located at the northwest corner of Sound Avenue and Hallock Avenue in Mattituck. Lead A.qency Coordination Request PaRe Two February 12, 2008 SEQRA Classification: ( )Type I ( ) Type II (X) Unlisted Contact Person: Bruno Semon, Senior Site Plan Reviewer (631) 765-1938 The lead agency will determine the need for an Environmental Impact Statement (ELS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (x) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: For further information on this project, please feel free to contact this office. Very truly yours, ~odhouse Chairperson CC; Scott Russell, Southold Town Supervisor Southold Town Board Southold Town Building Department Southold Town Zoning Board of Appeals Southold Town Engineer Southold Town LWRP Coordinator Southold Town Board of Trustees NYS Department of Agriculture & Markets NYSDEC - Stony Brook SCDHS, Office of Ecology, Kimberly Shaw Suffolk County Dept. of Health Services Suffolk County Planning Commission Suffolk County Water Authority File . PLANNING BOARD MEM~RS JERILYN B. WOODHOUSE Chair KENNETH L. EDWARDS MARTIN H. SIDOR GEORGE D. SOLOMON JOSEPH L. TOWNSEND 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 February 12, 2008 Ms. Catherine Mesiano c/o Catherine Mesiano, Inc. 12 Mill Pond Lane E. Moriches, NY 11940 Re: Proposed Site Plan for Harbes Family Winery Located at the northwest corner of Sound Avenue and Hallock Lane in Mattituck SCTM#1000-120-1-4 & 1000-112-1-7.1 Zoning District: AC Dear Ms. Mesiano: The Southold Town Planning Board, at a meeting held on Monday, February 11,2008, adopted the following resolution: WHEREAS, this site plan is for the addition of retail winery and wine production facilities to an existing farm stand. The existing farm stand, Building (Bldg.) One, consists of a retail area, roof-over area, display preparation area & walk-in storage area. The proposed retail winery and wine production facilities will be incorporated into existing agricultural buildings as follows; Bldg. Two ~ wine tasting room of 373 sq. ft., Bldg. Three - wine-making facility of 572 sq. ft., Bldg. Four - wine tasting room of 3,198 sq. ft. with a deck addition of 4,431 sq. ft., and Bldg. Ten - wine tasting room of 326 sq. ft. Other existing buildings on the site include; a farm office of 292 sq. ft. (Bldg. Five), a storage shed of 192 sq. ft. (Bldg. Six), restrooms of 121 sq. ft. (Bldg. Seven), a Frame Shed of 68 sq. ft. (Bldg. Eight), a farm office of 102 sq. ft. (Bldg. Nine), two greenhouses of 3,007 sg. ft. each (Bldgs. Eleven & Twelve). In addition, the site provides existing parking of 28 spaces and provides new parking of 46 spaces along with a new loading area for trucks. The overall property is 15.61 acres in the A-C Zone located at the northwest corner of Sound Avenue and Hallock Avenue in Mattituck, SCTM#1000-120- 1-4 & 1000-112-1-7.1; be it therefore RESOLVED, that the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiates the SEQR lead agency coordination process for this Unlisted Action. Harbes Family Winery Pa.qe Two February 12, 2008 If you have any questions regarding the above, please contact this office. Very truly yours, Chairperson CC: Scott Russell, Southold Town Supervisor Southold Town Board **Southold Town Building Department Southold Town Zoning Board of Appeals **Southold Town Engineer Southold Town LWRP Coordinator Southold Town Board of Trustees NYS Department of Agriculture & Markets NYSDEC - Stony Brook **SCDHS, Office of Ecology, Kimberly Shaw Suffolk County Dept. of Health Services **Suffolk County Planning Commission **Suffolk County Water Authority File ** with map FORM NO. 3 NOTICE OF DISAPPROVAL NOV $0 2009 DATE: May 23, 2005 AMENDED: June 13, 2005 RENEWED & AMENDED: April 12, 2007 AMENDED: May 11, 2007 RENEWED & AMENDED: September 17, 2007 AMENDED: October 25, 2007 CORRECTED: January 24, 2008 CORRECTED: February 6, 2008 RENEWED & AMENDED: August 24, 2009 AMENDED: September 25, 2009 TO: Harbes Family Farm, LLC PO Box 1524 Mattituck, NY 11952 Please take notice that your application dated May 10, 2005 For permit for a a change use from farm buildings to a winery/tasting room at Location of property: 715 Hallock Lane, Mattituck County Tax Map No. 1000 - Section 120 Block 1 Lot 4_ ls retumed herewith and disapproved on the following grounds: the proposed conversion of existing farm buildings to winery buildings is not permitted pursuant to Article III, Section 280-13 A. (4) C., which states, "The winery structures shall be set back a minimum of 100 feet from a maior road." One of the proposed winery buildings is noted as being +/- 89 feet fi'om Sound Avenue (Building No. 10, Wine Tasting Room No. 1) another is noted as being +/- 40.9 feet from Hallock Avenue (Building No. 2, New Tasting Room No. 2)~ another is noted as being located +/- 33.4 feet from Hallock Lane (Building No. 3, Wine Making Facility) and the other is noted as being located +/- 8.7 feet from Hallock Avenue (Building No. 4, Wine Tasting Room No. 3). Article III, Section 280-13 A. (4) D. states, "The winery shall obtain site plan approval." This Notice of Disapproval was amended on April 12, 2007 to address the amended site olan (orogress print), dated 3/28/7 from Young & Young~ on May 12, 2007 when the applicant decided to remove the request for a bakery, and renewed and amended on September 17, 2007 to address changes to the proposed site plan with respect to the winery buildings and amended on October 25, 2007 to address the need for a variance for winery facility. No. 1. This Notice of Disapproval was further corrected on January 24, 2008 to correct the Suffolk County Tax Map Number and February 6, 2008 to correct code numbers. This Notice of Disapproval was again renewed~ revised and amended to remove any reference to the existing farm stand and again on September 25, 2009, to match the most recent site plan dated July 30, 2007. Note to Applicant: Any change or deviation to the above referenced at~plication, may require further review by the Southold Town Building Department. CC: file, Planning Board, ZBA FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 23, 2005 AMENDED: June 13, 2005 RENEWED & AMENDED: April 12, 2007 AMENDED: May 11, 2007 RENEWED & AMENDED: September 17, 2007 AMENDED: October 25, 2007 CORRECTED: January 24, 2008 CORRECTED: February 6, 2008 RENEWED & AMENDED: August 24, 2009 TO: Harbes Family Farm, LLC PO Box 1524 Mattituck, NY 11952 Please take notice that your application dated May 10, 2005 AUG 2 5 2000 For permit for a a change use from farm buildings to a winery/tasting Location of property: 715 Hallock Lane, Mattituck County Tax Map No. 1000 - Section 121) Block 1 Lot 4 Is returned herewith and disapproved on the following grounds: the proposed conversion of existing farm buildings to winery buildings is not permitted pursuant to Article III, Section 280-13 A. (4) C., which states, "The winery structures shall be set back a minimum of 100 feet from a major road." One of the proposed winery buildings is noted as being +/- 89 feet from Sound Avenue (Facility No. 1) another is noted as being +/- 40.9 feet from Hallock Avenue (Facility No. 2), another is noted as being located +/- 33.4 feet from Hallock Lane (Facility No. 3) and the other is noted as being located +/- 8.7 feet from Hallock Avenue (Facility No. 4). Article 1II, Section 280-13 A. (4) D. states, "The winery sha31 obtain site plan approval." This Notice of Disapproval was amended on April 12~ 2007 to address the amended site Dian (Dro~ress orint)~ dated 3/28/7 from Young & Yonng~ on May 12~ 2007 when the applicant decided to remove the request for a bakery~ and renewed and amended on September 17, 2007 to address changes to the proposed site plan with respect to the winery, buildings and amended on October 25~ 2007 to address the need for a variance for winery facility No. 1. This Notice of Disapproval was further corrected on January 24~ 2008 to correct the Suffolk County. Tax Map Number and February. 6~ 2008 to corregt-c~e numbers. This Notice of Disapproval was again renewed, rgvi~6'd~p~ended)to remove any reference to the existing farm stand. ig Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Planning Board, ZBA 2009 (. BOARD OF APPEAI.~ FORM NO. 3 NOTICE OF DISAPPROVAL DATE: May 23, 2005 AMENDED: June 13, 2005 RENEWED & AMENDED: April 12, 2007 AMENDED: May 11, 2007 RENEVgED & AMENDED: September 17, 2007 AMENDED: October 25, 2007 CORRECTED: January 24, 2008 CORRECTED: February 6, 2008 TO: Harbes Family Farm, LLC PO Box 1524 Mattituck, NY 11952 Please take notice that your application dated May 10, 2005 For permit for an "as built" additions and alterations to an existing farm stand and a change use from farm buildings to a winery/tasting room at Location of property: 715 Hallock Lane, Mattituck County Tax Map No. 1000 - Section 120 Block 1 Lot 4 Is returned herewith and disapproved on the following grounds: The "as built" additions and alterations to an existing farm stand (constructed prior m 1997) are not permitted pursuant to the code of the Town of Southold, in place when the "as built" work was completed without a building permit, Article III, Section 100-31, A.2.(n)l, which stated. "All buildings for display and retail sales of agricultural and nursery products grown on premises shall not exceed one thousand (1,000) square feet in floor Furthermore, Article III, Section 100-31, A.2.(a)3,stated, "Off-street parking as required in the Parking Schedule shall be provided and shall be approved by the Planning Board." And, Article III, Section 100-31, During a routine review of the proposed winery on this property, it was revealed that major additions and alterations had been done increasing the size of the existing farm stand without the benefit of a building permit. In 1989 a certificate of occupancy was issued for a new farm stand measuring 14x14 in size. Between 1989 and 1997, additions and alterations were made to that farm stand increasing its size to 2,441 square feet. In addition, the proposed conversion of existing farm buildings to winery buildings is not permitted pursuant to Article III, Section 280-13 A. (4) C., which states, "The wine~ structures shall be set back a minimum of 100 feet from a major road." One of the proposed winery buildings is noted as being +/- 89 feet from Sound Avenue (Facilit~ No. 1) another is noted as being +/- 40.9 feet from Hallock Avenue (Facilit~ No. 2), another is noted as being located +/- 33.4 feet from Hallock Lane (FaciliW No. 3) and the other is noted as being located +/- 8.7 feet from Hallock Avenue (Facility No. 4). Article III, Section 280-13 A. (4} D. states, "The winery shall obtain site plan approval." This Notice of Disapproval was amended on April 12, 2007 to address the amended site plan (progress print), dated 3/28/7 from Young & Young, on May 12~ 2007 when the applicant decided to remove the request for a bakery, and renewed and amended on September 17~ 2007 to address changes to the proposed site plan with respect to the winery buildings and amended on October 25, 2007 to address the need for a variance for winery facifity No. 1. This Notice of Disapproval was further corrected on January 24, 2008 to correct the Suffolk Coun .ty Tax Map Number and Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Planning Board, ZBA FORM NO. 3 NOTICE OF DISAPPROVAL TO: Harbes Family Farm, LLC PO Box 1524 Mattituck, NY 11952 DATE: May 23, 2005 AMENDED: June 13, 2005 RENEWED & AMENDED: April 12, 2007 AMENDED: May 11, 2007 RENEWED & AMENDED: September 17, 2007 AMENDED: October 25, 2007 CORRECTED: January 24, 2008 /6/o Please take notice that your application dated May 10, 2005 For permit for an "as built" additions and alterations to an existing farm stand and a change use from farm buildings to a winery/tasting room at Location ofproperty: 715 Hallock Lane, Mattituck County Tax Map No. 1000 - Section 121) Block 1 Lot _4 Is returned herewith and disapproved on the following grounds: The "as built" additions and alterations to an existing farm stand (constructed prior to 1997) are not permitted pursuant to the code of the Town of Southold, in place when~_the '~as built" work was completed without a building permit, Article III, Sectio~ 100-31, (/A. 1, which stated, '~'~---~ "All buildings for display and retail sales of agricultural and nursery products grown on premises shall not exceed one thousand (1,000) square feet in floor Furthermore, Article III, Section 100-31, A.3 stated, "Off-street parking as required in the Parking Schedule shall be provided and shall be approved by the Planning Board." And, Article III, Section 100-31, During a routine review of the proposed winery on this property, it was revealed that major additions and alterations had been done increasing the size of the existing farm stand without the benefit ora building permit. In 1989 a certificate of occupancy was issued for a new farm stand measuring 14x14 in size. Between 1989 and 1997, additions and alterations were made to that fm'm stand increasing its size to 2,441 square feet. In addition, the proposed conversion of existing farm buildings to winery buildings is not permitted pursuant to Article III, Section 280-13(4) C., which states, "The winery structures shall be set back a minimum of 100 feet from a major road." One of the proposed winery buildings is noted as being +/- 89 feet from Sound Avenue (Facility No. 1) another is noted as being +/- 40.9 feet from Hallock Avenue (Facility No. 2), another is noted as being located +/- 33.4 feet from Hallock Lane (Facility No. 3) and the other is noted as being located +/- 8.7 feet from Hallock Avenue (Facility No. 4). Article III, Section 280-13(4) D. states, "The winer~ shall obtain site plan approval." This Notice of Disapproval was amended on April 12, 2007 to address the amended site olan (orogress print), dated 3/28/7 from Young & Young, on May 12~ 2007 when the applicant decided to remove the request for a bakery, and renewed and amended on September 17, 2007 to address changes to the proposed site plan with respect to the winery buildings and amended on October 25, 2007 to address the need for a variance for winery facility No. 1. This Notice of Disapproval was further corrected on January. 24, 2008 to correct the Suffolk County Tax Map Number. "'~--Xuthorized ~igfiallne.-~ Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. CC: file, Planning Board, ZBA FORM NO. 3 NOTICE OF DISAPPROVAL TO: Ilarbes Family Farm, LLC PO Box 1524 Mattituck NY 11952 DATE: May 23, 2005 AMENDED: June 13, 2005 RENEWED & AMENDED: April 12, 2007 AMENDED: May 11, 200? RENEWED & AMENDED: Sep~mb~r 17, 200T AMENDED: October 25, 1007 Please take notice that your application dated May 10, 2005 For permit for mi "as built addmons and altcratJons to an exi.qtin~ farm atand and a chan~c use from farm buildings Ix) a wincry/lllgiilKig~ at Location of property: 715 Halleck [Jane, Mattituclc C. ounty 'lax Map N!o. 1000 - Section 112 Block 1 lx~t _7 Is returned herewith and disapproved on the follow ng ground~:~7-'~ The "a.5 built" additions and alterations to an existlna farm stanc]..~ 19971 ~ not ocrmitt,d om'~ant to the code of the Tow0 of Southold. in ulace when thc ~ built wgrk waa completed w:thout a b~l.l. Seetxgn 100-310 A, t .w._hi_ch_stated, "All build/nt,¢ for disolav and retail sales of ap_rieultural and nttr~rv or¢xluc~g grgwn on premises shall not ex~;~;~~ouare feet in Iloor Furthermore. Article IH. S~-'tion 100-3 I. A 3 b~_ ~,t, Off-street oarkme as reqmred m thc Pat'kine Sched~l~ ..qha Ibc provided and shall be an~roved by the Plannina Boa~'~[," And, Article ,III. Section 100-3 D_~urjn~ a routine review of the or0poscd winery on this orgperty, it was revealed that mater additions ao~t 0.Iterations had been don~ increasimt the ~izc of the exi.',ctin8 stand without th~ benefit of a buildi~p permit, k,~ 1989 a ~ertificate 0foccuvancy xyas issued lbr a new farm stand measuring. 14x.!4 i~ ~ize, Betwe¢il ] 999 and 1997, additions and alterations w¢~ made to that l~rm ~tancl io~rensin~ its size to 2,441 souare feel, In addition, the trcot-,osed conversion &existing farm buildings to winery permitted t~ur~nt to Article IlL Section 250-13(4} C,, which sta~es. "The wlner¥ strucalrcs shall be s~ back a t~irqmum of 100 f~t from a maior road." One of the Droo~d wine~' buildinos is noted as bein,~ +/. ~9 Feet fi.om Sound Avenue (Faeili~ NO, l) anothqq' i~ noted as bei~lz +/- 40.9 fi~ct f. rom H'pllock Avcm , (Facility No. 2l, another is ~oi-~ ns bein~ ;o,'-~t~ +/- 33.4 feet f~gll.q; ('Facility No. 3) and tie other is noted a,s bcin~ located +(- 8,7 feet frgp~ Hallock Av~nnc (Facility,. No. 4)~ ' Article III. Section 280-13(4) D. state~, winery shall obtain site plan appr0va ." This Notice of Disannroval was amended on Anri112. 2007 to a01[r~s the amqnde-[ site Dian ~Dro~ross nrlnt), dated 3/28/7 from ¥oun~ & ¥ouna, un May the aunUeant decided to remove the reaues! for a bakery, and rcnew~d~A amended on September 17, 2007 to address ~h~no_es tO the orolMsed site nlan wJtl. respect to the winery b,,iidino, and ~mendcd on Oelober need for a variance fe~- :;'iggrv faeilllv No. I. - ~ Note to Applicant: Any chang~ or deviation to thc above referene,~d application, may require further review by ~,be $oathold Town Building Departmen'¢. ~. file, Plm~ang }%ard, ZBA Office Notes: APPLICATION ~ledBy:.. T.E SOUTHOLO TOWN .On APPEaLs For Office Use Only Date AsslgfiedlAssignment No. nt3"~RD IF APPEALS Address: Telephone: Parcel House No."~ ~ ~Street SO~) ~4~' Hamlet SCTM 1000 S~fion i~ Block .f Lo~$) ~ Lot S~e ~ne ~ ~N DE~A~ON OF T~ B~,~G ~SPE~OR DASD: Autho"zedRepresentativ.: '~U~ PJ~O for[~wner,~r ( )Other: l..e~, check box to specify who you wish correspondence to be mailed to, from the above names: Appiicant/0wner(s) [] authorized Representative [3 Other Name/address: WHEREBY THE BUILDING INSPECTOR DENIED AN .APPLICATION DATED FOR: ~uildi~g. Permit [3 Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change:of Use [] Permit for As-Built Construction E]Other: Provision of the Zgning,Ordinahce Appealed~ Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not qu~te the code. ' Article Section280- 1~ A f ~) (- Subsection Type 0f Appeal. An Appeal is made for: ~ A Variance to the Zoning Code or Zoning Map, Iq A Variance'due to lack of ai:ceSs required- by New York Town Law-Section 280-A. El Interpretation of the Town Code, Article Section El Reversal or Other A prior appeal D has [] has not been made .with respe, ct to this property UNDER Appeal No.{~10 {~ Year Lv~ltt3. (Please be sure to research before completing this question or call our office to assist you.). NameSof Applicant: ~I~'~CTM # REASONS FOR APPEAL (additional sheets maF be used with.preparer's signature): NOV 3 0 ~OOg AREA VARIANCE RE/b~ON$: BOARD 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: (2) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an ai'ea variance, because: I (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 condition~ in the neighborhood or district because: (5) Has the alleged difficulty been self-created? ( )Yes, or ~..~o. Are there Covenants and Restrictions concerning this land: I~o. E1 Yes (please furnish This is the MINIMUM that is necessary and adeqnate, 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 VARIANCE SHEET: (Please be sure to consult your attorney..), Sworn~ befgr~ Signature of ApPellant or Authorized A~ent (Agent must submit written AuthoriZation from Owner) SUSAN PISANO NOTARY PUBLIC - STATE OF NEW YORK NO. 01ST5046833 QUALIFIED IN SUFFOLK COUNI'Y,~, COMMISSION EXPIRES JULY t?, ~ March 3, 2010 Dear Members of the Board of Appeals, BOARD OF APPEALS We were asked to clarify our request for three separate wine tasting areas on our site at 715 Sound Avenue Mattituck, NT CTM: 120-1-4. In a seasonal business like ours, there is a wide variation in customer attendance. There are times when a very modest facility would match our customer volume. At peak times (in the fall) a much larger capacity would be appropriate. To a certain extent groups of people feel most comfortable within a given range of space. A group of twenty people might feel awkward in a space designed for one hundred or more. Multiple locations give us flexibility in phasing in extra space as volume requires. Also, it would accommodate pre-reserved groups that would value a special tasting or program. So in conclusion multiple sites give us different options to best accommodate our customers. In response to your request to clarify our decking project: a deck on the north and west side of the existing barn on hillock Lane to be made of wood decking material with a final grade minimally above existing grade perhaps 6" depending on future grading. Please feel free to call my cell 631/835-8484 if you have any further questions. Cordially, Ed Harbes Harbes Family Farm FA~llLy FAI~M October 26, 2009 Town of Southold ZBA PO Box 1179 Southold, NY 11971 RE: Site Plan for Harbes Family Winery Dear Sirs/Madam, As per your request, we are enclosed 8 (el ~gh0 maps of our Winery Site Plan. Add~tmnally, we are enclosing a copy of the updated Nonce of D~sapproval as pe Mike Verity and at your request. It is my understanding that the only item left that we 'owe you' is the Variance ~ Applications. I was wondering if there is someone that could spend some time with me in filling those out as I have not submitted these fonns before. Thank you for your continued help and guidance. Sincerely, ~ffice Manager 247 SOUND AV'E. · P.O. BOX 1524 · MATTITL!CK, NY 11952-0902 · TEL.: 63 l-~.5.k~0 · FAX: 631-298-1 www, harbesfamil~arm,com JUL 2009 July 23, 2009 Tovm of Southold PlatmingfBuilding/ZBA Departmems Southold NY 11971 Via fhx: 631-765-9064 and 631-765-3136 To Whom It May Concern: This letter authorized my employee, Susan Pisano, to handle any paperwork necessar~ on behalf of Harbes Farm. Please note that Catherine Mesiano is no longer in my employ and you should update your records accordingly. Susan's contact information is as follows: Monday, Wednesday, Friday 63 t 477-0248 ext. 217 Tuesday 631-806-5082 Thursday 631-298-0700 Email: Paperwork 101 ~,aol.¢om Should yoa have any questions, please do not hesitate te call me directly at 631-835-8484. Sincerely, Edward Harbes III Z47 SOUND AVE. ' RO. BOX i52z~ - MATTITUCK, NY 1 t952-0902 · TEL.: 631-298-0800 FAX: 631-298.13~2 10110 39~td N~'4 S3~fl~H I 00 :g~ 6Ogg/Eg//.O HARBES FAMILY FARM LLC · · ~ 715 SOUND AVENUE, MATTITUCK, NY SCTM# 1000-112-1-7.6 ~} ~ ~,~..~,~..~ w, _ , Ill ] M APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No.7,16 Street SOUND AVENUI= Hamlet MATTITUCK SCTM1000 Section 1,12 Block I Lot(() 7.6~ LotSize 7.626A Zone District AC DATED: 6/23/2006 and last rene~ed(~m~nded lOt~6t200~.9 Owner as Applicant: HARBES FAMILY FARM, LLC Mailing Address: PO BOX 1524, MATTITUCK, NY 11952 Telephone: 631-298-0700 Fax: 631-298-1332 NOTE: If applicant is not the owner, state if applicant is owner's attorney, aeent, architect, builder, contract vendee, etc. Authorized Representative: CATHERINE MESIANO, lNG., Agent Address: 12 MILL POND LANE, EAST MORICHES, NY 11940 Telephone/Fax: 631-878-8951 Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) X Authorized Representative E [] Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED 6110/06 and last renewed and amended on 1012512007 D Building Permit D Certificate of Occupancy E Change of Use X Permit for As-Built Construction FOR: D Pre-Certificate of Occupancy Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III Section 100- 3'1 Subsection A.I III 280 13(4)C. Type of Appeal. An Appeal is made for: X A Variance to the Zoning Code or Zoning Map. E A Variance due to lack of access required by New York Town Law-Section 280-A. [] Interpretation of the Town Code, Article Section [3 Reversal or Other A prior appeal [] [] has X has not been made with respect to this property UNDER Appeal No. Year HARBES FAMILY FARM LLC 715 SOUND AVENUE, MA"i-rlTUCK, NY SCTM # 1000-112-1-7.6 AREA VARIANCE REASONS: (1.) An undesirable change will not be produced in the CHARACTER of' nearby properties, if granted, because: · The agricultural use of the property will not change. · The farmstand use is existing. · The existing barns contribute to the character of the an--i.I oARD OF APPEALS (2.) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: ~e neighborhood or a detdm~ · Expansion of the farmstand was undertaken for economic reasons and no viable alternative exists. · The location of the 3 old barns and Hallock Lane are pre-existing, thereby creating a practical difficulty. Re-locating any of the structures is impractical due to structural and financial concems. · Winery building #1,(wine tasting room #1) initially intended as a structure to be utilized in conjunction with the Farmstand operation is recognized to be of greater value if designated for the winery use. The applicant has considered moving the building, however in order to do so a significant tree would have to be moved. (3.) The amount of relief requested is not substantial because: · The odginal farmstand was 196 sq.ft. The as-built farmstand is 725 sq.ff. The additional area, 2237 sq.ft, is comprised of roofed display area storage and prep area. A walk-in cooler of 307 sq.ft, is also used for refrigerated storage. · The alleged setback non-conformity relating to the barns is, at least, questionable as Hallock Lane is a private R.O.W. The Town Code does not define "major road", however, the barns are > 100' from Sound Avenue. · Building #1 is located behind the farmstand building, 89' from Sound Avenue. (4.) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or distdct because: The facility nor the operations thereon produce no noxious emissions. Stormwater runoff is contained onsite. All designated parking areas are/will be paved with a pervious material. The areas under and around the farmstand and roofed area are also finished with a pervious stone, providing drainage for any stormwater runoff (5.) Has the vadance been self-created? (A) Yes, or (B) No · (A) The as-built farmstand was expanded to meet the needs of increase volume of business. · (B) The barns and Hallock Lane are pre-existing. Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfare~,o;f the community. Swor~n to before me this ~/ / ,~' day of ~,,~..~v ,~,w~. ~'Y/:. ~"7~, ~--'";3~,~,~ / ~Z/{ '. UNDA K KOWN. St~ NOTARY PUBLIC, ~TATE OF NEW mai( NO 52-4824771 O?ALIFIED IN SUFFOLK COUNTY/, ~;~,wtl~lON EXPIRES NOV 30, 20/° HARBES FAMILY FARM LLC ~ 715 SOUND AVENUE, MATTITUCK, NY SCTM # 1000-112-1-7.6 Office ~ ~ , ~' , .. I ~ -- APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS Parcel Location: House No.7115 Street SOUND AVENUE Hamlet MATTITUCK. SCTMl000Section 112 Bloci~ I Lot(s)(~.6) LotSize 7.528A Zone District AC I ~E) APPEAL ~ ~EN DETESTATION OF THE BUH,D~G ~SPECTOR DATED: 512312005 and last renewed & amended 911712007 Owner as Applicant: HARBES FAMILY FARM, LLC Mailing Address: PO BOX 1524, MATTITUCK, NY 11952 Telephone: 631-298-0700 Fax: 631-298-1332 NOTE: If applicant is not the owner, state if applicant is owner's attorney, aeent, architect, builder, contract vendee, etc. Authorized Representative: GATHERINE MESlANO, lNG., Agent Address: 12 MILL POND LANE, EAST MORICHES, NY 11940 Telephone/Fax: 631-878-8951 Please specify who you wish correspondence to be mailed to, from the above listed names: [] Applicant/Owner(s) X Authorized Representative [] [2 Other: WHEREBY THE BUILDING INSPECTOR DENIED AN APPLICATION DATED {~l10105 and last renewed and amended on 1012512007 FOR: [] Building Permit U Certificate of Occupancy [] Pre-Certificate of Occupancy [] Change of Use X Permit for As-Built Construction Other: Provision of the Zoning Ordinance Appealed. Indicate Article, Section, Subsection and paragraph of Zoning Ordinance by numbers. Do not quote the code. Article III Section '100- 31 Subsection III 280 13(4)G. Type of Appeal. An Appeal is made for: X 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 [] [3 has X ~las not been made with respect to this property UNDER Appeal No. 5~O0 Year / g~. HARBES FAMILY FARM LLC 715 SOUND AVENUE, MATTITUCK, NY SCTM # 1000-112-1-7.6 AREA VARIANCE REASONS: (1.) An undesirable change will not be produced in the CHARACTER of the neighborhood or a nearby properties, if granted, because: dethment to · The agricultural use of the property will not change. · The farmstand use is existing. · The existing barns contribute to the character Df the area. (2.) The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: · Expansion of the farmstand was undertaken for economic reasons and no viable alternative exists. · The location of the 3 old barns and Hallock Lane are pre-existing, thereby creating a practical difficulty. Re-locating any of the structures is impractical due to structural and financial concerns. · Winery building #1, initially intended as a structure to be utilized in conjunction with the Farmstand operation is recognized to be of greater value if designated for the winery use. The applicant has considered moving the building, however in order to do so a significant tree would have to be moved. (3.) The amount of relief requested is not substantial because: · The original farmstand was 196 sq.ft. The as-built farmstand is 725 sq.ff. The additional area, 2237 sq.ft, is comprised of roofed display area storage and prep area. A walk-in cooler of 307 sq.ft, is also used for refrigerated storage. · The alleged setback non-conformity relating to the barns is, at least, questionable as Hallock Lane is a pdvate R.O.W. The Town Code does not define "major road", however, the barns are >100' from Sound Avenue. · Building #1 is located behind the farmstand building, 89' from Sound Avenue. (4.) The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The facility nor the operations thereon produce no noxious emissions. Stormwater runoff is contained onsite. All designated parking areas are/will be paved with a pervious material. The areas under and around the farmstand and roofed area are also finished with a pervious stone, providing drainage for any stormwater runoff (5.) Has the variance been self-created? (A) Yes, or (B) No · (A) The as-built farmstand was expanded to meet the needs of increase volume of business. · (B) The barns and Hallock Lane are pre-existing. Additional information about the surrounding topography and building areas that relate to the difficulty in meeting the code requirements: This is the MINIMUM that is necessary and adequate, and at the same time preserves and protects the character of the neighborhood and the health, safety, and welfa~'~bf the community.. Swor~Ato before m~ this ~ · ./2 ~' - /7.~ -- ~day of ~ ~ ~ 2007. / ~ - //~. ~ ' HO~ARY ~IC, ~A~ OF NEW NO 52~8~771 CUALIF~ED IN ~FFO~ ~U~ COMMISSION ~ NOV ~, 2~ HARBES FAMILY FARM LLC 715 SOUND AVENUE, MAlq'ITUCK, NY SCTM # 1000-112-1-7.6 APPLICANT'S PROJECT DESCRIPTION (For ZBA Reference) Applicant: HARBES FAMILY FARM~ LLC I. For Demolition of Existing Building Areas Please describe areas being removed: N/A Date Prepared: October 37 2007 Ii. New Construction Areas (New Dwelling or New Additions/Extensions):as=built-$ee attached Dimensions of first floor extension: Dimensions of new second floor: Dimensions of floor above second level Height (from finished ground to top of ridge): Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: II1. Proposed Construction Description (Alterations or Structural Changes) as-built (attach extra sheet if necessary) - Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: Number of Floors and Changes WITH Alterations: IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your property: 14,199 SQ. FT (see attached) Proposed increase o£ building coverage: Square footage of your lot: 7.58A = 330,185 SQ.FT. Percentage of coverage of your lot by building area: 4.3% V. Purpose of New Construction: VI. Please describe the land contours (fiat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): GENERALLY FLAT TO GENTLY ROLLING FARMLAND 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 Harbes Family Farm LLC 715 Hallock Lane, Mattituck SCTM# 1000~112-1-7.6 ADDENDUM TO APPLICANT'S PROJECT DESCRIPTION BLDG # USE 1 2 3 4 5 6 7 8 9 10 11 12 AREA(insq. fl.) *Farmstand (retail) 725 ** Roof over (display) 1600 Display/prep 330 Walk-in box (storage) 307 *Wine tasting room #2 372 *Wine making facility 572 *Wine tasting room #3 3198 Farm office 272 Storage shed 192 Restreoms 121 Frame shed 68 Farmstand office 102 *Wine tasting room #1 326 Greenhouse 3007 Greenhouse 3007 HEIGHT ;to rid;e) 14'11"; 17' 9" to top of cupola 34' 15.5' 31' 15'1" DESCRIPTION as-built as-built as-built existing convert existing barn convert existing barn convert existing barn old corn crib convert existing shed * structures subject to vadance application ** Original 196 sq.ft has C.O. issued 1989; "relief for as-built" 529 sq.ft, is requested HARBES FAMILY FARM LLC 715 SOUND AVENUE, MATTITUCK, NY SCTM # 1000~112-1-7.6 QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION A. Is the subject premises listed on the real estate market for sale? { } Yes {X ) No B. Are there any proposals to change or alter land contours? { } Yes {X } No 1) Are them any areas which contain sand or wetland grasses? NO 2) Are these areas shown on the map submitted with_t~s application? N/A 3) Is the property bulkheaded between the wetlands area and the upland building area? N/A 4) If your property contain~ wetlands or pond areas, have you contacted the Office of the Town Trustees for its determination of jurisdiction? N/A D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? NO Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? If none exist, please state "none." NONE Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Depamnent. If none, please state. N/A G. Do you or any co-owner also own other land close to this parcel? YES SEE ATTACHED If yes, please explain where or submit copies of deeds. H. Please list presem use or operations conducted at this parcel. FARMSTAND and proposed use SAME, WITH FARM WINERY Date: October 3, 2007 HARBES FAMILY FARM LLC 715 SOUND AVENUE, MA]-rlTUCK, NY SCTM# 1000-112-1-7.6 APPLICANT TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of Ethics prohibits conflicts of interest on the part; of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessarY to avoid same. YOUR NAME: EDWARD HARBES III NATURE OF APPLICATION: (Check all that apply.) Tax gdevance Variance X Change of zone Approval of plat Exemption from plat or official map 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 of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interesf' means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO X 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 person Describe the relationship between yourself (the applicant) 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, sibling, parent or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation); __.B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); __.C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted this Signature Print name oo, EDWARD HARBES III 617.20 Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I - PROJECT iNFORMATION (To be completed by Applicant or ProJect Sponsor) 1. APPLICANTISPONSOR 12. pROJECT HAME HARBES FAMILY FARM, LLC ]HARBES FAMILY FARM, LLC 3. PROJECT LOCATION: Municipality MATTITUCK County SUFFOLK 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 715 SOUND AVENUE, N/E CORNER HALLOCK LANE 5. PROPOSEDACTION IS: [] New [] Expansion ~'[ Mndificatio~alterafion 6. DESCRIBE PROJECT BRIEFLY: AS-BUILT FARMSTAND ADDITION; EXISTING BARNS/SETBACK 7. AMOUNT OF LAND AFFECTED: Initially 7.58 acres U~rnately 7.58 acres 8. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR OTHER EX ST NG LAND USE RESTRICTIONS? [] Yes [] No If No, desc~be briefly VARIANCE REQUIRED FOR AREA OF AS-BUILT FARMSTAND EXISTING BARaN 9. WHAT IS PRESENT LAND USE IN VtCINITY OF PROJECT? Descfi[~:Resident~al [] Industrial [] Commerdal [] Ag~culture [] Pad(/Fomst/Open Space [] Other 10. DOES ACTION INVOLVE A PERMIT APPROVAL, OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL, STATE OR LOCAL)? [] Yes [] No If Yes, list agency(s) name and permit/approvals: SOUTHOLD PLANNING BOARD - SITE PLAN APPROVAL - PENDING 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL? [] Yes [] No If Yes, list agency(s) name and permit/approvals: 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODiFiCATION? r'[Yes []No f CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/~ponsor/q~e: CATHERINE~SIANO, INC. ~nt for Harbes Family Farm LLC Date: 8/27/2007 / / ~ . ~'.~/. ~ Signature: .~F r~/~d~'" /~r-.~ ff ~ · J If the action is in the Coastal Area, and you am · state agency, complete the I Coastal Assessment Form before proceeding with this assessment I OVER 1 HARBES FAMILY FARM LLC 715 SOUND AVENUE, MATTITUCK, NY SCTM # 11100-112-1 ~7.6 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. 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 Permit and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. 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). 3. 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# - ! 000- ! ! 2- !-7.6 The Application has been submitted to (check appropriate response): Town Board X Planning Dept. X Building Dept. Board of Trustees 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) Permih approval, license, certification: HARBES FAMILY FARM LLC [. 715 SOUND AVENUE, MATTITUCK, NYV./ SCTM # 1000-112-1 ~7.6 Nature and extent of action: REQUEST VARIANCE FOR "AS-BUILT" FARMSTAND ADDITION; SETBACK VARIANCE FOR NON-CONFORMING PRE-EXISTING BARNS AND "AS-BUILT" SHED Location of action: 715 SOUND AVENUE, MATTITUCK Site acreage: 7.58 A Present land use: FARMSTAND Present zoning classification: A-C 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: HARBES FAMILY FARMT LLC (b) Mailing address: PO BOX 1524, MATTITUCKT NY 11952 (c) Telephone number: Area 631-298-0700 (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes No If yes, which state or federal agency? DEVELOPED COAST POLICY Policy I. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III - Policies; Page 2 for evaluation criteria. Yes No Not Applicable Subiect site is an operating farmstand. Development riqhts from a portion of the land have been sold to Suffolk County. This property does not have a coastal location. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III - Policies Pages 3 through 6 for evaluation criteria Yes No Not ApplicabLe The proposed project is not located near any historic sites or districts. The land has been in agricultural use for many years. 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 Yes No Not Applicable Subject site is an operating farmstand. Development ~qhts from a portion of the land have been sold to Southold Town. HARBES FAMILY FARM LLC SCTM # 1000-112-1-7.6 NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III - Policies Pages 8 through 16 for evaluation criteria Yes No Not Applicable The property has elevations of approx. 58' and is qenerall¥ fiat or gently rolling. Stormwater runoff is managed on-site Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III - Policies Pages 16 through 21 for evaluation criteria Yes No Not Applicable Subject site is an operating farm and farmstand. Development r~qhts from a portion of the land have been sold to Southold Town. 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 Ill - Policies; Pages 22 through 32 for evaluation criteria. Yes No Not Applicable Subject site is an operating farm and farmstand. It does not appear that Policy 6 is relevant Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III - Policies Pages 32 through 34 for evaluation criteria. Yes No Not Applicable It does not appear that Poficy 7 is relevant. Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section II! - Policies; Pages 34 through 38 for evaluation criteria. Yes No Not Applicable Sub/ect site is an operating farm and farmstand. Any chemicals associated with the farming operation are managed in accordance with prevailing laws. Septic,systems are, in place. Any so/id waste is managed either by composting and recycling or disposal at an approved landfill. 715 SOUND AVENUE, MATrlTUCK, NY - SCTM# 1000-112-1-7.6 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 III - Policies; Pages 38 through 46 for evaluation criteria. Yes No Not Applicable Subject site is an operating farm and farmstand. It does not appear that Policy 9 is relevant 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 56 for evaluation criteria. Yes No Not Applicable Subject site is an operating farm and farmstand. It does not appear that Policy 10 is relevant 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 62 for evaluation criteria. Yes No Not Applicable Subject site is an operating farm and farmstand. It does not appear that Policy 11 is relevant Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III - Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable Subject site is an operating farm and farmstand. Development ~qhts from a portion of the land have been sold to Southold Town. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III - Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable Subject site is an operating farm and farmstand. It does not appear that Policy 13 is relevant. HARBES FAMILY FARM LLC ~.~ / 715 SOUND AVENUE, MA'I-FITUCK, NY O ~ SCTM # 1000-112-1-7.6 AUTHORIZATION I/We, EDWARD HARBES III and HARBES FAMILY FARM~ LLC residing at 715 Hallock Lane~ PO Box 1524~ Mattituck ~ NY 11952 do hereby authorize Catherine Mesiano, Inc. to apply for permits from the Town of Southold Board of Zoning Appeals, Town of Southold Planning Board and Southotd Building Department, on my/our behalf. Date: )1~-~ ')~-'-7 Sworn to before me thisLl~_ day of ~ C~ Notary Public ,2007. FORM NO. 4 TOWN OF SOUTHOLD BUILDING DEPARTMENT Office of the Building Inspector Town Hall Southeld, N.Y. CERTIFICATE OF OCCUPANCY No Z-18936 Date MARCH 29, 1990 THIS CERTIFIES that the buildin~ Location of Property 715 SOUND AVE. ~ouse No. County Tax Map No. 1000 Section 112 Subdivision ACCESSORY MATTITUCK¢ N.Y. Street Hamlet Block I Lot 7 Filed Map No. Lot No. conforms substantially to the Application for Building Permit heretofore filed in this office dated JULY 17, 1989 pursuant to which Building Permit No. 18441-Z dated AUGUST 29, 1989 was issued, and conforms to all of the requirements of the applicable previsions of the law. The occupancy for which this certiiicate is issued is ACCBS~ORY FARM STAND BUILDING AS .APPLIED FOR. The certificate is issued to EDWARD W. HARBE~ of the aforesaid building. SUFFOLK COUNTY DEPARTMENT OF HEALTH APPROVAL UNDERWRITERS CERTIFICATE NO. PLUMBERS CERTIFICATION DATED N/A Building Insp%ctor Rev. l/S1 ELIZABETH A. NEVILLE 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 November 13, 2007 Zoning Appeal No. 6106 Transmitted herewith is Zoning Appeals No. 6106 of Harbes Family Farm~ LLC- the Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Authorization Letter for Catherine Mesiano, Inc. to file on the owners behalf, Cover Letter Describing the enclosed documents, Applicant's Project Description, Questionnaire for Filing with The Z.B.A. Application, Applicant Transactional Disclosure Form, Tax Map of the property, LWRP Consistency Assessment Form, Short Environmental Assessment Form, Town of Southold Property Record Card, (2) Aerial Maps of the buildings, (8) color photographs of the buildings, Notice of Disapproval, Southold Zoning Code 100-31, Certificate of Occupancy, Elevations Drawing, Proposed Farmstand Plan & Elevations, Plan and Elevations A-1 to A-3, General Layout, Alignment & Schedule Plan, (2) Grading & Drainage Plan, Landscape Plan, Water Supply & Sewage Disposal Plan and (2) Existing Conditions Map. Town Of Southold P.O Box 1179 Southoid, NY 11971 Date: 11/09/07 * * * RECEIPT * * * Receipt#: 1892 Transaction(s): 1 1 Application Fees Reference Subtotal 6106 $600,00 Check#: 1892 Total Paid: $600.00 Name: Harbes, Family Farm P O Box 1524 Mattituck, NY 11952 Clerk ID: MICHELLE Internal ID: 6106 ZBA TO TOWN CLERK CHECK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: 11/07/07 ZBA # NAME CHECK # AMOUNT TC DATE STAMP 6'105 Southold Park District 9020 $400.00 RECEIVED 6106 Harbes Family Farm 1892 $600.00 ~ IOUtholcl T~wn ~,,. 61 07 Noone, Thomas & $600.00 Margaret 514 6108 Crary, Kinga 1867 $600.00 TOTAL $2,200.00 OWNER STREET VILLAGE DIST SUB LOT p/~ ~-' REI~IAR~S TYPE OF BLD. LAND IMP. TOTAL DATE /7 FflONTAGE ON WATEfl TILLABLE F~ONTAOE ON ~OAO WOODLAND DEPTH MEAOOWLANg BULKHEAD HOUSE/LOT , TOTAL TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER IMP. STREET ACR. TYPE OF BLD. PROP: CLASS TOTAL DATE ~1~LAND I VILLAGE DIST SUB. REMARKS FRONTAGE ON WATER ? FRONTAGE ONROAD DEPTH BULKHEAD TILLABLE WOODLAND MEADOWLAND HOUSE/LOT TOTAL 1~-~' NO. ~ TOWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, N. Y, BUILDING PERMIT (THIS PERMIT MUST BE KEPT ON THE PREMISES UNTIL FULL COMPLETION OF THE WORK AUTHORIZED) N°- 19591 Z Permission is hereby granted to: ~..~.~..~.~. .................. :. .................. ....... ..... ...... ~-~ ............... ~-.; .......... .~.....l~-~ .............. ~-._. .......... ~.......;. ........... at premises located at ...~..~~..~...: ........ ~.~..~ ......... County Tax Mop No. 1000 Section ..... ]./...~.... ...... Block .......~..~ ........ Lot No ....... .~....'1 .......... pursuant to application doted~..~.~.~......!...k~. .......... , 19..~...~.., and approved by the Building Inspector. Bui~r Rev. 6/30/80 FORM NO. 1 TOWN OF $OUTHOLD BUILDING DEPARTMENT TOWN HALL $OUTHOLD, N.Y. 11971 TEL.: 765-1802 .,o. ., 19c}.O. Permit No./. ~.~"7.?/..'~.. Disapproved a/c .... . .... ............................. (Building Inspector) APPLICATION FOR BUILDING PERMIT .EALT" ......... OF' PLANS .......... SURVEY ................... CIIECK .................... SEPTIC FORH .............. CALL ................... H^tL TO: INSTRUCTIONS a. This application must be completely filled in by Wpewriter or in ink and submitted to the Building Inspector, with 3 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and giving a detailed description of layout of property must be drawn on the diagram which is part of this appli- cation. 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 issued a Building Permit to the applicant. Such 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 whatever until a Certificate of Occupancy shall have been granted by the Building Inspector. 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 authorized inspectors on premises and in building for necessary inspections. (Signature of applicant, or name, if a 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 .... .~..~..~..'~.~..JO. .... .d~.....~.~.~..~...~..~ ....................................... (as on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer. (Name and title of corporate officer) Builder's License No ..... ~ ............... Plumber's License No ..... ~ .............. Electrician's License No ..... ~ .............. Other Trade's License No ..... ~ ............ 1. Location of land on which proposed work will be done ..... ~..~ .{.~ ....C.t :.,~. o. .... .~.. ..... .4' f.o.,T..~....4.,C .c' House Number Street Hamlet County Tax Map No. 1000 Section ...... /[.-?~-. ....... Block ..... /J ............ Lot Subdivision ..................................... Filed Map No ............... Lot ............... (Name) State existing use and occupancy of premises and intended use and occupancy of proposed construction: a. Existing use and occupancy ..... hca. e.'~...~. ?.' ./.~. ( ~.,f r '. b. Intended use and occupancy .% ~. ,~t r,_ e ~ '*';: 3. Nature of work (check which ap ble): New Building 'c-~ Adcl .......... Alteration ..... } .... Repair .............. Removal .............. Demolition .............. Other Work ............. .,. · ' (Description) 4. Estimated Cost .... ~.o.. ~ ............................ Fee ...................................... (to be paid on filing this application) 5. If dwelling, number o f dwelling units ............... Number of dwelling units on each fioor ................ · If garage, number of cars ........................................................................ 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use ..................... 7. Dimensions of existing structures, if any: Front ....... } ....... Rear .............. Depth ............... Height ............... Number of Stories ........................................................ Dimens~'°f'~;l'~It~ --'~with alterations or additions Front Rear Depth ~, ' ~ H ' ' .................................. ..... ~[:j ~,'.;:... e,ght .......... , ...... ..'.~ Number of Stones x 8. Dimensions ~n-e"~b~c~truction: Front ...?-ff. ~.'?..e!*~ ~l~dar . .~.~ ' ~e'~ti~' ' ' '~ '~ ~'{~ '~;,i~ Height ,ql~ -~. ~:ifl- · - ~ulnber of Stories ..... [ ...... i ii . .' ............... 9. Size of lot.'-7~r~d .~'.."~...3~.* ............ Rear .... 7.Z'. ............... Devth .... i i i i i ii i ii i i i ii i ii 10. Date of Purchase .... .Z/.'T..~..9 ......... ......... Name of Former Owner . ./~J~ .- (. ~..~. {~. ~ .~ ?.: ......... 11. Zone or use district in which premises are situated ..................................................... 12. Does proposed construction violate any zoning law, ordinance or regulation: ................................ 13. Will lot be regraded ....... m.~ ' ............ ,..., ..... Wall excess fill be removed from vremises: Yes No 14. Name of Owner of premises . L~.O~.t.rcz~... ~/.~e.~?.. Address ~ (('7 j'~.,-ff./?.~..~o~Iq~...2 ~?.~ .q.).>.~?... Name of Architect ........................... Address ................... Phone No ................ Name of Contractor .......................... Address ................... Phone No ................ 15. Is this property within 300 feet of a tidal wetland? *Yes ........ No ......... · If yes, Southold Town Trustees Permit may be required. PLOT DIAGRAM Locate clearly and distinctly all buildings, whether existing or proposed, and~ indicate all set-back dimensions from property lines. Give street and block number or description according to deed, and show street names and indicate whether interior or coruer lot. STATE OF NEW 7OinK,,. S S COUNTY,OF....-~.~1~)..,%. ..... /. --7 .............. being duly sworn, deposes and says that he is the applicant (Name of individual signing contract) above named. He is the ....... ~ .......................................................................... (Contractor, agent, corporate officer, etc.) of said owner or owners, and is duly authorized to perform or have perfonned 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 ......... k../~-,3a,,.. ~...day-,of../,, .... . .~...~.e..~..:.~v(....., 19 .q..o Notary Public, ...~.~... c-~-,1~ .... y /d ., / ./ . NOI~-ffi---~[L~ ~8~ -~-~-K-,-~. ....................... (Signature of ;~l'i;~n't; . 18~ Expires ~fay 31, 19.,Z.Z~ · _ _ McNULTY- SPIE$$, P.C. ~a1.- 1 i, 2006 Mr. Bruno SemoD Senior Site Plan Reviewer Southo]d Town Planning Board P.O. Box 1179 Southold, New York 11971 RE: Site plan for Harbes Winem-~ 715 Hallock Avenue, Mattituck, NY Dear Mr. Semon: In connection with the above referenced site plan application, I have been asked by Mr. Harbes to provide you with documerhation regarding the proposed parking lot access from Sound Avenue. Enclosed please find a copy of Mr. Harbes' deed to the subject premises dated April 2, 2004, which indicates that the transfer of the property in question was "subject to a certain right-of-way described in a BoundaQ- Agreement dated April 29, 1966 and recorded in the Office of the Clerk of the County of Suffolk on August 5, 1966 in Liber 6007 of conveyances at page 117." Also enclosed is a cop}' of the Bounda~' Agreement, which fixed the boundary between the subject premises and the adjoining parcel to the east as "the approximate center line of a presently traveled roadway, shared by the parties . . ." and thereafter created a legal right-of-way in the roadway at the following location: "COMMENCING at a point in the northerly line of Sound Avenue, at Ma~tituck, Town of Southold, County of Suffolk and State of New York, which said point is located North 81: 42' 20" West a distance of 464.09 feet from a monument set at the intersection of the southerh- line of Sound Avenue and the westerh- line Aldrich Lane and from said point or place of beginning running thence North 19° 41' 00" West a distance of 822.11 feet to a poinl; thence North 24 ~ 31' 10" West a McNULTY- SPIESS distance of 476.61 feet to a point; thence North 31: 37' 40" West a distance of 501.92 feet to a point~ thence North 28° 08' 10" West a distance of 375.40 feet to a point;" The proposed parking lot access is located within the initial 822.11 feet of the legal right-of wa.x. if you need any further information, please do not hesitate to contact me. JS:pvs cc.: Mr. Thomas C. Wolpert Veu~ truly yours, ~./~n~ Spiess TORRENS Camm Copy FEES Sub Tolal Real Property 'D;X Service Agency Verification 2. Addidnca{ 'lax TOT. MTG. TAX Dual Town Dual Ccun;y_____ C P F,Tn.,~ Due S TD I'D TD Title Company Information Suffolk County Recording & Endorsement Page 'INs page Forms pad of the attach~ __ b~'-'~'"~ ~"~=.5 17~- , ~'~'~---' 'live premises herein is situated i. SUFFOLK COLqv'I'Y, NEW YORK. TO In Ihc'lbwnslnip of or [IAMI_k-I' of /L~,TTi~'FL~c./C' · BO,"3.' g 5 ll IP, U 9 MUST BE 'FYI'ED OIL PRIN'I'ED IN l)I ~tC'K INK ONLY PRIOI~'['C) RECOI~J)ING OR FH,iNG. (OVER) BOUNDARY AGREEMENT AGREEMENT made this ~%-~ day of O_~ , 1966, between ROY H. REEVE, as the sole surviving Executor and Trustee under th~ Last Will and Testament of Herbert M. Reeve deceased, ROY H. REEVE, individually, res%ding on Mason Drive (no number), Cutchogue, New York, LINDA Ro WYSOCKI, residing at 2915 Graeter Road, Fort Wayne, Indiana, and MAE REEVE HARRISON, residing at 850 Mill Road, Bryn Mawr, Pennsylvania, parties of the first part, and RICHARD H. PRICE and HELEN S. PRICE, his wife, both ..residing on Hallock Lane (no number), Mattituck, New York, parties of the second part, WITNESSETH: WHEREAS, the parties of the first part are the o~ers in fee simple of certain land, with the buildings and improvements thereon erected, on Sound Avenue, at Mattituck, New York, and the parties of the second part are the owners in fee simple of the adjoihing premises to the East on Sound Avenue, at Mattituck, New York; and · ~ .~ .~W~REAS~ the parties hereto desire to fix and defin, ite~y establish the boundary line between the two parcels above mentioned, respectively 6wned by them as aforesaid. NOW, THEREFORE, in consideration of the premises and of the sum of ONE and 00/100 ($1.00) DOLLAR by each of the parties hereto to the other in hand paid, the receipt whereof is hereby acknowledged, the said parties hereto, for themselves, their heirs, executors, administranors, successors and assigns, covenant and agree that the said boundary line be, and the same hereby is, established as a line described as follows: COMMENCING at a point in the northerly line of Sound Avenue, at Mattituck, Town of Southold, County of Suffolk and State of New York, which said point is located North 81" 42' 20" West a distance of 464.09 feet from a monument set at the intersection of the southerlyline of Sound Avenue and the westerly line Aldrich ~d a p~i~; t~enJe Nbr~h 24,~31~ t0i' West a distance of 476.61 feet to a point; thence North 31:377 407' West a distance of 501.92 feet to a point; thence North 28° 087 10" West a distance of 375.40 feet to a point; thence North 18° 25' 50" West a distance of 387.22 feet to a point; thence North 9° 01' 00~ West a distance of 175.77 feet to a point; thence North 24~ 16' 30" West a distance of 582.54 feet to a point;' thence North 22° 18' 30" West and through a monument a distance of .503.74 feet to a monument; thence North 19° 48' 10" West a distance of 272.67 feet to land of Holtz and a monument. And the said parties of the first part hereby remise, release and quit claim unto the said parties of the second part and their heirs and assigns forever, all their right, title and interest in and to any land lying to the East of the said boundary line so established, and the said parties of the second part hereby remise, release and quit claim unto the parties of the first part and their heirs and assigns forever, all their right, title and interest in and to any land lying to the West of the said boundary line so established. WHEREAS, the southerly 2,176o04 feet of the said hereinabove described boundary line is the approximate center line of a presently travelled roadway, shared by the parties of the first part,and the parties of the se%gnd part, and. ~ WHEREAS, the parties hereto do desire to continue to use such right of way in con,non, NOW, THEREFORE, this agreement further witnesseth that the parties of the first part hereby grant and release to the parties of the second part a right of way for ingress and egress and for public utilities over the most easterly eight (8) feet of the said premises of the parties of the first part as it abuts the most southerly 2,176.04 feet of the hereinabove described boundary line and the parties of the second part do her~]v~ ~rant and release to the parties of the first part a rig~%~ ~f -~av for ingress and egress and for public utilities over thc most westerly eight (8) feet of the said premises of the parties of the second part as it abuts the most southerly 2~!76.04 feet of the hereinabove described boundary line. The COMMENCING a~'a point in the northerly line of Sound Avenue, at Mattituck, Town of Southold, County of Suffolk and State of New York, which said point is located North 81Q 42' 20c' West a distance of 464.09 feet from a monument set at the intersection of the southerly line of Sound Avenue and the Westerly line of Aldrich Lane and from said point or place of beginning running thence North 19° 41' 00" West a distance of 822.11 feet to a point; thence North 24~ 31t 10~ West a distance of 476.61 feet to a point; thence North 31~ 37' 40" West a distance of 501.92 feet to a point; thence North 28~ 08' 10" West a distance of 375.40 feet to a point. IT IS MUTUALLY COVENANTED AND AGREED by and between the parties to these presents that this agreement shall run with the land and be binding upon and enure to the benefit of the r~spective heirs~ executors, administrators, successors and assigns of each of the parties hereto. IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year first above written. Roy H Reeve~ Executor and Trustee under the Last Will and Testament~of Herbert M. Reeve (Roy ~. R~ve) ' (Lin~a R. Wyso~i) ' (Mae Reeve Harrison) (Richard H. Price) -- ". '. .... '" · · (L.S.) ~ ,~He~en S. Pri~e) . ~, . -3- STATE OF NEW yo~K ) 0r On this .'/Pi: day.of ((/>:~t~ , 1966: hero. re me personally; came RDY H. ~E~, to me ~ to be the ~ndivzdual described in and who executed the foregoing instr~ent and he duly ocknowledged to me that he executed the same as Executor of and Trustee under the last Will and Testament of Herbert M. Reeve, deceased~ STATE OF NEW YORK ) ) SS.: On this-..~'/~/ffday of,/.~y~''' ~ , 1966, before me personally ~' 7~ known to ~ to be the same came ROY H~ ~E~, to me ~no~ an~ person described in and who executed the ~thin instr~ent, and~ he duly acknowledged to me that he executed the same. STATE OF INDIANA ) ) SS.: COUNTY oF l~ ) On this /~ day of , 1966, before me personally came LINDA Ro WY~DCKI, to me known and known to mm to be the same person described in and who executed the within instrument, and she duly acknowledged to me that she executed STATE OF PENNSYLVANIA ) ) SS.: / ) On this 2~ day of '~°~/, 1966, before me personally came MAE REEVE HARR,L~ON, t~ me ~o~ and ~o~ to me to be the same person described in and who executed the ~i%h'in in~r~e~t, and ~ duly ~ledg~ executed the same.. , SPECIAL FOIl STATE OF NEW YORK STATE OF INDIANA, COUNTY OF ALLEN, ss: Court, the same being a court of record i~ ~nd.~f the aforesaid county, ~avtng by law a seal do hereby certify that ....... thereto, was at the time of ~king the same a notary public re~idin~ in said county ' C duly co~issioned and sworn and authorized by the laws of said state to take the .~ .., s~e to ~ke p~of or acknowled~ent of deed and other nstruments in writing to ~ ":': . ; :~.~e compared the s ~ture of such officer upon the or ginal certificate 'with a ~ ~ ~orded In said s~te and to administer oath of affi~ation n sa d county that ' · ' e;'~l~en of his si~ature on file in my office as such Clerk and helleve the signature . : . :~ the foregoing certificate of proof or acknowled~mnt to be ~e~uine and the notary ,' ' sea of ~id officer to have been thereto affixed in accordancl ~:ith the taw~ of the Clerk of Allen Cireu~ourt State of Pennsylvania County of Delaware. ss: IN THE COURTS OF COMMON PLEAS OF DI~LAV, Akl, (.t}I:N ! 't ~ ~ NOTARY PU~C Clement ina Macrone STATE OF NEW YORK ) SS.: COUNTY OF SUFFOLK ) On this Ct day of i~% , 1966, before me personally came RICHARD ~{o PRICE, to me known and known to me to be the same person described in and who executed the within instrument, and he duly acknowledged to me that he executed the same. STATE OF NEW YORK ) ) SS,: COUNTY OF SUFFOLK ) On this ~ day of came HELEN S. PRICE, to me ~o~ , 1966, before me personally wn and known to me to be the same person described in and who exeeuted the within instrumen~t and she duly acknowledged to me that she executed the same. t RECORDED AUG 5 1§66 NORMAN E. I(LIPP Clerk o! Suffolk Cou~ Southold Town Board o£ Appea s ACTIONOF THE ZONING BOARD OF APPEALS Appeal NO. 3Z00 Application Dated December ]6, ]983 (Public Hearing September 13, 1984) TO: Abigail A. Wickham, E~. a% attorney for [Appellant(s)] ,MR'.''ROB£%T ENTENMANN Ma~n Roa~', Box 1,424 Ma~tituck, NY 11952, At a Meeting Of the Zoning Board of Appeals held on 0Ct0b~r 'l']~ 3984, the above a~eal was considered, ~u~d the action indicated k~l~was taken on yo~ [ ] Request for Variance Due to Lack of Access to Property New York To~n Law, Section 2B0-a [ ] Request for Special Exception u~der the Zoning Ordinance Arf-icle , Section IX] Request for Variance to the Zoning Ordinance Article III , Section ]00-3] [ ] Req.~st for Upon application of ROBERT ENT£NMANN, 65 Meadow Farm Road, East Islip, NY (by A. Wickhem, ~sq.J'for a Variance to the Zoning Ordinance, Article III, Section 100-31, Bu]k Schedule for approval of insufficient area and width of ~arcel ~o be set-off in this p?oposed three-lot subdivision of land located at the hertZ'side of Sound Avenue, Matti- tuck, NY; Caunt~ Fax Mad Parcel .No. lO00~ll2-1~7. The board ~ade the following finding~"an~ determination: By this appeal, applicant seeks a Variance to Article III, Section lO0-31, Bulk Schedule of the Zoning Code for approval of a ).23g-acre parcel of land to be established in the subdivision ~pp]ication. before the Southold Town Planning. Board.referre~._to a's "Parcel_One;" The subject parcel has an average depth of 7~8.00.feet and a )ct'width of 75.44 feet and is ~'t t~e ~resent time vacant 3and. Acceq~ to the subject parcel is over a ~rivate right-of-way, which is within the bounder}es of the proposed divis(6n of 1.~nd, and will be subject to the imprevements as required 'by tee Planning Board nursuant to New York Town Law, Section 280-A-~ or by~'subseq~ent application to this board. The beard members nave' personally visited the premises ~n question and is familiar with the immediate area. For the record, it is noted that there is a parcel ,of land ~djoining ~his parcel on the east that is of ~he: same size ~,nd conflguratio~ as that proposed. Although there ds,~mple ar~a Of the premises in question beinf app'roximately 43 acres, ~A reqpire the applicant to extend the lot another 300+ f~tF'i~,depth would be c~eating a ~ot'unusual:ie ~hape and chara~teY'-and ~l~t feasible as buildable area. The hoard Agrees with the reasoning of the _~pplicant In considering this aPpeal, the board determines: ia) that the relief as approved is not substantial; {bJ%ythat by allowing the relief, np substantial detriment to adjoining properties would be created; {c) .t~at no adverse effects will be produced on available governmental facilities of any increased population; {d) that the relief will be in harmony with ada promote the general purposes of zoning; {e) that the variance requested is the minimum neces~sary; (f} the circdms~ances are unique; (g) that the interests of justice will be served by allowing the variance, as no~ed below. Now, therefore, on motion ~y Mr. Goehringer, seconded by Mr. Douglass, it was ,~60NTINUED ON PAGE TWO~ DA~ED: October 22, 1984. C~AIP~, EOUTHOLD TOWN ZONING BOAP~ OF APpF~S Fo~ ZB4 (rev. 12/81) Page 2 - Appeal No. 3200 Matter of ROBERT ENTENMANN Decision Rendered October ll, 1984 RESOLVED, that Appeal No. 3200, application for ROBERT ENTEN- ~AN~ for aporoval of insufficient area and lot width o¥""Rarcel One" of a size 737' by 75.44 feet in this proposed division of llnd, BE AND HEREBY tS APPRQVEp SUBJECT TO THE FOLLOWING CONDtZIONS: 1. A 75' wide by 15' strip at the end of the right-of-way along the southerly end of this parcel shall De incorporated into the area of "P~rcel One)' (for more control' and maneuverability from the right-of-way into the parcel); 2. ~t~ reduction 0~ eas~ ano/or west (side) yard areas t6 less than that required by the zoning ordinance. Locatio~ of Proper:y: North S~de of Sound Avenue, flattituck; 1000-112-1-7. Vote o~ ~ne Board: Ayes: Messrs. Goehringer, Doyen,' Grigonis, Do~§lass an~ Sawicki. This resolution was adopted by unanimous vote all the memaers. CATHE RINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 Phone/fax: 631-878-8951 cmesiano~optontine.net January 2,2008 Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 ATT: Linda Kowalski RE: Harbes Family Farm, LLC 715 Sound Av~e~uel Ma~itas~, NY SCTM # 10 -112-1-7.67, Dear Linda: ZBA# 6106 I am in receipt of your memo dated December 19, 2007 regarding the above referenced application. You indicated that our appeal does not mention the reasons added by the Building Inspector on October 25, 2007. The October 25, 2007 amendment added the structure referred to as "Facility #1". The structure is identified on the site plan and the application as ' Wine tasting reom #1"and is referenced in the ~Area Vadance Reasons" third item of #2. Enclosed are copies of the first 2 pages of the application to which you refer and the addendum. I've highlighted the references to the 10/25/07 date and Wine tasting room #1. Please note that I have corrected the first reference to 10/25/07 on the first page of the application, as I inadvertently failed to do so in the submission accepted by your office on 11/7/07. Further, I made no reference to Article 280-13 (4)(D), as no relief is requested from the Zoning Board with regard to same. As was explained to me by the Building Inspector, Article 280-13 (4)(D) was listed in the disapproval because site plan approval is required prior to issuance of any building permits, but there is no violation of the Zoning Code concerning Article 280-13 (4)(D). Please advise if your office requires 7 copies of the enclosed information. Should you require any additional information, please do not hesitate to contact me. Very truly yours, ~siano, President Enclosures Cc: Edward Harbes Itl Harbes Family Farm LLC 715 Hallock Lane, Mattituck SCTM# 1000-112-1-7.6 ADDENDUM TO APPLICANT'S PROJECT DESCRIPTION BLDG # USE AREA (in sq. ff.) HEIGHT (to ridge) DESCRIPTION 2 3 4 5 6 7 8 9 10 11 12 *Farmstand (retail) 725 ** Roof over (display) 1600 Display/prep 330 Walk-in box (storage) 307 *Wine tasting room #2 372 *Wine making facility 572 *Wine tasting room #3 3198 Farm office 272 Storage shed 192 Restrooms 121 Frame shed 68 Farmstand office 102 *Wine tasting room #1 326 Greenhouse 3007 Greenhouse 3007 14'11"; 17' 9" to top of cupola 4I 15.5' 31' 15'1" as-built as-built as-built existing convert existing barn convert existing barn convert existing barn old corn crib convert existing shed * structures subject to vadance application ** Original 196 sq.ft has C.O. issued 1989; "relief for as-built" 529 sq.ft, is requested CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 Phone/fax: 631-878-8951 cmesiano@optoniine.net March 25, 2008 Gerard P. Goehringer, Chairman Zoning Board of Appeals Town of Southold P.O. Box 1179 Southold, NY 11971 MAR 2 BOARD OF A - P?~ALS RE: Harbes Family Farm, LLC ZBA# 6106 715 Sound Avenue, Mattituck, NY SCTM # 1000-112-1-7.6 SCTM # 1000-120-1-4 Dear Mr. Goehringer: Pursuant to the request of the Board during the course of our public hearing on February 28, 2008 following is the information requested: Retail space: Presently 725 square feet are utilized as "retail space". This area is the entirety of the south side of the "farmstand" (building #1). Most of this area is also "display area". However, this area is where most of the customer service activity takes place and sales are transacted. We anticipate that an additional + 2000 square feet of "retail area" will result from development of the winery. Therefore, the total proposed retail area is _+2725 square feet. Proposed Deck (Bldg. #4): The proposed deck on building #4, shown on the progress print submitted with the application, maintains the existing setback (from Hallock Lane) of the barn, 8.7'. Please note that the plan has been revised to change the deck to an on-grade patio. Further, I would like to correct a statement that was made on the record. My response to a question regarding the total area of the wine tasting buildings was erroneous. The total area of buildings to be used for '~Nine tasting" is 3896 square feet. The wine making building is 572 square feet. I am in receipt of your letter dated March 18, 2008 wherein you requested information regarding the easements over Hallock Lane. Attached is a copy of the Boundary Agreement dated April 29, 1966 and recorded in the County Clerk's office on August 5, 1966 in Liber 6007 page 117 together with a letter from James Spies, Esq. dated May 11, 2006 concerning same. Harbes Family Farm, LLC 715 Sound Avenue, Mattituck, NY SCTM # 1000-112-1-7.6 SCTM # 1000-120-1-4 ZBA# 6106 Regarding "on-site safety barriers" please note that I have requested an appointment with the Town Engineer and will inform you as to the outcome of our meeting. Also, it should be noted that the Harbes Family has approximately 200 acres of agricultural property, with approximately one-half of the land subject to conservation easements or development rights sold. Should you require any additional information, please do not hesitate to contact me. Very/~ly yours, Enclosures Cc: Edward Harbes III Office Location: Town Annex/First Floor, NotCh Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel, (631) 765.1809 Fax (631) 765-9064 January 8, 2008 USPS Mailin~ Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 Re: ZBA File No. 6106 - Requests for Variances (Harbes Premises/Winery, etc.) Dear Mrs. Mesiano: The above application for multiple variances has been received in complete form for processing and reviews by the Board of Appeals, and a public hearing will be held on February 28, 2008. In the interim, please continue with processing of your application through the Town Planning Board and other agencies, regarding the proposed Winery for sales and wine-tasting on the premises, and processing under the SEQRA steps for a determination. Thank you. Very truly yours, Gerard P. Goehringer Chairman TOWN OF SOUTHOLD. BUIi~DING DEPAB~TMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 www. northfork.net/Southold/ PERMIT NO. Examined ,20 Approved ,20__ Mail to: Disapproved a/c frS) / 0 ~, Phone: Expiration 20__ BUILDINGOMIT APPLICATION CHECKLIST Do yo~have or need the tbllowing betBre applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Contact: Building Inspector ! [ ~, ~ ......... I[ ~ ~PPLICATION FOR BUILDING PERMIT ', ' .___.___~I ; '~ Date O~ ac& ,20OS ~~.n: J ~STRUCTIONS a. ~is application ~ST be completely filled ia by t~ew6ter or in i~ and submitted to the Building ~spector with 4 sets ogpl~s, acetate plot pl~ ~o scale. Fee accor~g to schedule. b. Plot pl~ showing location of lot ~d of build~gs on premises, rclations~p to adjoining premises or public streets areas, and wate~ays. c. ~e work covered by this application may not be co--enter before ~ssu~ce of Building Pe~it. d. Upon approval of t~s application, the Building ~spector will issue a Building Pe~it to thc applicant. Such a shall be kept on the premises available for inspection t~oughout the work. e. No building shall be occupied or used in whole or in p~ for any pu~ose what so ever until thc Bmld~ng ~nspcctor issues a Ce~fficate of Occup~cy. ~. Eve~ building pe~t shall expire ffthe work autho~zed has not co~enced witch 12 months a~er the date of issuance o~ has not been completed within 18 monks from such ~te. If no zoning amendments or other regulations a~cting properly ha*c b~cn enacted ~n ~ in,crib, ~c ~u~ld~ng ~spec~or may authohze, h~ whting, the e~c~s~o~ ~f~hc pe~ ~v addition six months. Thereaff~, a new pe~it shall be required. APPLICATION IS HE'BY M~E to the Building Depa~ment for the ~ssuance of a Building Pe~it pursuant to the ~uJ]dJng Zone Ordinance o~ the Town og Southold, Suffolk County, New Yor~, an~ ~ther applicable Laws~ Ordinances ur Radiations, t~r thc const~cfion of bmldmgs, additions, or alterations or got removal or demolition as hcre~n described. Thc applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admi~ authorized ~nspectors on pm~iscs and in building ~or necessa~ inspections. (S~gna~e of apphcant ~ (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Name of owner of premises I~d.~.2ctcA ~. ~cloe& (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. ~h Oo;tl {o~ o,c~,,ti&'etl: Plumbers License No. Electricians Lic~se No. Other Trade's Lic~se No. 1. Location of land on which proposed work will be done: House Number Stre3t County Tax Map No. 1000 Section Subdivision Hamlet Filed Mal~l~'3 .~ m ~ Lot State existing use and occupancyt~l~premises and intended use and occupa~of proposed construction: a. Existing use and occupancy ~-'~Coa~ b. Intended use and occupancy ~o~qec~ 'TO~¥~ ~'~,~om ~ o~X~ 3. Nature of work (check which applicable): New Building Addition ~ Alt~ation Repair ~ Removal D~olifion Oth~ Work~a~ ~ [~o~ (Description) 4. Estimated Cost ~10~OOO. OO Fee ~S.OV (C_~*~ ~qq0 (To be paid on filing this application) 5. If dwelling, number of dwelling units ~Pe' Number of dwelling units on each floor ~+ ~Pe' If garage, number of cars ~ ~ti~te, 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. 7. Dimensions of existing structures, if any: Front g$~ Rear ~$* Height V~ ' Number of Stories 9. 10. Date of Purchase Dimensions of same structure with alterations or additions: Front -1I Depth ~q* Height I"~ * Number of Stories Dimensions of entire new construction: Front~X::~-t~.`. '~ Rear .Depth Height Number of Stories' '"'~.~. Size of lot: Front q,09eox.~(u~ Rear(~, ,o~'g. 7~'~ ' Depth rJ ,o?o.~. ~t~.~"4 k°~ g' Name of Former Owner ~t'~' ~ Depth ~'~ Rear 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES __ NO 13. Will lot be re-graded? YES NO ~ Will excess fill be removed from prefnises? YES__ NO · -u~' 14. Names of Owner ofprem~ses~tl~ardco.}~d:,ex Address nt~q~lo~: ~. u~ PhoneNo. Name of Architect 'ltx~ ~'~,'%o ,~ _~ Address .~Y,~-~r~P~'~.t~'~Cdot Phone No Name of Contractor ~O~ ~ ~ ~ddress PhoneNo. 15 a. Is this prope~y within 100 feet ora tidal wetland or a freshwater wetl~d? *YES__NO * IF YES, SOUTHOLD TO~ TRUSTEES & D.E.C. PERMITS MAY BE ~QUIRED. b. Is this prope~y 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. STATE OF NEW YORK) SS: COUNTY OFFS. ~ ,~ ~ ct v-~ ~0- 'x~ o. r ~ being duly swom, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, (S)He is the 4f :.aid owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in tlfis 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 oQq'~ day of 04_ " Noat~ ~ublic 20 05- Si~aature of Applicant 2007 Zoning Board of Appeals James Dinizio, Chairman Town of Southold P.O. Box 1179 Southold, NY 11971 RE: CATHERINE MESIANO, INC. 12 MILL POND LANE EAST MORICHES, NY 11940 Phone/fax: 631-878-8951 cmesian~opton,ine.net Harbes Family Farm, LLC 715 Sound Avenue, Mattituck, NY SCTM # 1000-112-1-7.6 RECEDYED ,.._. BOARD OF APPEAl' Dear Mr. Dinizio: I am the agent for the above referenced applicant. Harbes Family Farm, LLC is seeking relief from Article III Section 100-31 .A. 1 of the Zoning Code for the as-built additions to the existing farmstand and Article III Section 280-13(4)C for setbacks "from a major road"of 3 pre-existing non-conforming barns th,at are proposed to be converted to a winery and tasting room, ~'(/~ ~! Enclosed please find seven sets of the following: 1. Notice of Disapproval. 2. Survey and plans. 3. Application. 4. Owner's consent. 5. Z. BA. Questionnaire. 6. Project description. 7. Short FAF. 8. LWRP form. 9. Transactional Disclosure Form. 10. Assessor's property card. . 4. /o. Also enclosed is the applicant's check in the amount of $600 for the application fee. We respectfully request that this matter be scheduled for the earliest available hearing date. Should you require any additional information, please do not hesitate to contact me. Ve~/~ yours, . ~'~~/Calh ~ 'Z~, Mesiano', President~'w'-~' Enclosures Cc: Edward Harbes III MA h'UCK FIRE DISTRICT PO BOX 666, PIKE STREET MATrlTUCK, NEW YORK 11952-0666 MARTIN LGRIFFIN, SR. Chairman Greg N. Tyler, Vice Chairman James D. Roache Norman A. Rellly, Jr. Jerome Zuh~kl John C. Harrison, Secretary Barbara Dickerson, Treasurer September 28, 2005 Mr. Bruno Semon Senior Site Plan Reviewer Southold Town Planning Board P 0 Box 1179 Southold, NY 11971-0959 RE: SCTM# 1000-112-1-7.1 Dear Mr. Semon; At the Regular meeting of the Board of Fire Commissioners. the Board reviewed the site plan for Harbes Winery (SCTM# 1000-1/2-1-7.1) at your request. The Board has of the Mattituck Fire District w~h to make the following recommendations: 1. That all roads and drives be given a minimum access of 15'0" in height and width to allow for fire and rescue vehicles. 2. That an electric firewell to Mattltuck Fire District specifications or SCWA Hydrant be installed on the property to aid in fire suppression at a location prescribed by the Mattituck Fire District Thank you in advance for your cooperation in this matter. Sincerely, Secretary cc: Board of Fire Commissioners Chief Office (631) 298-8837 Facsimile (631) 298-8841 Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) '/65-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 25, 2010 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 Hail, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, FEBRUARY 25, 2010: 12:00 P.M. HARBES FAMILY FARM, LLC #6106 . The applicant has applied for a proposed change of use from farm buildings to winery/tasting room buildings. Request for Variances from Code Section 280-13A(4)C, based on an application for building permit and the Building Inspector's amended September 25, 2009 Notice of Disapproval concerning the proposed conversion of existing farm buildings to winery buildings is not permitted as winery buildings are required to be setback a minimum of 100 feet from a major road; Buildings 1-4 are at: less than the code required 100 foot setback from Sound Ave., and less than the code required 100 foot setback from Hallock Lane., at 715 Hallock Ln., Mattituck, NY. CTM: 120-1-4. 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 priorto the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by email: Vicki.Toth~,Town. Southold.n¥.us. Dated: January 26, 2010. ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON BY VlCKI TOTH 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTICE OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: HARBES FAMILY FARM #6106 MAP #: 1000-120-1-4 VARIANCE: SETBACK REQUEST: CHANGE OF USE DATE: THURS, FEB. 25, 2010 12:00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK X In the Matter of the Application of r Pa't LV 4: 10(, (Name of Applicants) CTM. Parcel #1000- [o1.,0- I ['3( X AFFIDAVIT OF MAILINGS COUNTY OF SUFFOLK) STATE OF NEW YORK) ~ Ohthe I ~' day of ~'/--~- ,20e', I personally mailed at the United States Post Office in NtCt-'T1--~'r'-IL C(~- , 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 mil vedfied frbm the official records on file with the (~ Assessors, 'or ( ) County Real Properbj Office ., for every .property which abuts and is across a public or pdvate street, or vehicular right-of- way of record, surrounding [he ap~ ~ (Signature) Sworn to before me this day of ~.b~.2 (Notary Public) NI~ Pd~ lids d Nmv Ya4c No. 48QI71~ PLEASE list, on the back of this Affidavit or on a sheet of paper, the et numbers hex{ to the owner names and addresses for which notices were mailed. Thank you. (Endorsemen~ Required) (Endorsemer~t Required) Total Postage & Fees or PO Box No. · Complete item~ 1,2, and 3..Nso 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: 2. Article Number ('rrans fer fn~n sen/ce lade/) [] .~ent D. Is delive~ address different from item 1' if YES, enter delivery address below: [] No FI Expres~ Mall r-t Registered .[] Retum Receipt for Me~chandise FI Insured Mall [] C.O.D. 4. Re~ D~ive~j? (Extra Fee) []Yes 7009 0820 0001 7468 7287 PS Form 3811, February 2004 Domee~o ~ ~ 102595-0~-M-1540 ZONING BOARD OF APPEALS -TOWN OF SOUTHOLD:NEVV YORK x In the Matter of t~e Application of (Name of Apph .cant) / · AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Land Identified as o00-_. /;;)-0- I- COUNTY OF SUFFOLK) STATE OF NEVV YORK) X residing at J/J/1.,J~-?Tq~ , New York, being duly sworn, depose and saythat: Onthe I"J'~2~3dayof ~*~, I0 . ,20e'. I personally placed the Town's official Poster, with the date of hearing and nature of my application noted thereon, Seburely upon my property, located ten-(~ O) feet or dos'er from the street or dght-0f-way (driveway entrance) - facing the street or facing each street or dght-of~way entrance;* and that I hereby confirm that the Poster has remained in olace for .e. Rv~n H=,,e pnor to the date of the subject, hoanng (~a~a?~.~l~.~ . . . to. be (Signature) ' ~Publi~) / *near the entrance or. driveway entrance of my propedy, as the area most visible to. Dassersby. eONING 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: htip://southtown.northfork.net January 25, 2010 Re: Town Code Chapter 55 - Public Notices for Thursday, February 25, 2010 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 February 4th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to alii owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Town Assessors' Office located at Southold Town Hall, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable1 you are requested to make other attempts to obtain a mailin.q address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arranqements were made in either a written statement1 or durinq the hearinq, providing the returned letter to us as soon as possible; AND not later than February 5th: Please either mail or deliver to our office your Affidavit of Mailinq (form enclosed) with parcel numbers, names and addresses noted, and furnish to our office with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any 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 February 17st: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at your proper~y for seven (7) days (or more) until the hearing is held. Securely place the sign on your property facing the street, no more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is available for the additional front yard. Please deliver or mail your Affidavit of Postin~l for receipt by our office before February 23, 2009. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Encls. #9646 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 11th dayof February. 2010. Principal Clerk Sworn to before me this 1~.~ dayof ~ 2010. Office Location: Town Annex/First Floor, No~th Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, FEBRUARY 28, 2008 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Chapter 280 (Zoning), Code of the Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY, FEBRUARY 28~ 2008: 1:30 P.M. HARBES FAMILY FARM, LLC #6106 .ocation of Property: North Side of Sound Avenue and West Side of Hallock Lane (a private road), Mattituck; CTM 1000-120-1-4 containing 7.5 acres; CTM 1000-112-1-7.6 containing 8 acres. The applicant has applied for building permits the existing farm stand and a proposed change of use from farm buildings to a winery/tasting room. Requested are Variances based on the Building Inspector's amended Notice of Disapproval dated February 6, 2008. The reasons stated for disapproving the building permit applications are as follows: The as-built additions and alterations to the existing farm stand constructed without a building permit prior to 1997 are not permitted, pursuant to the Code of the Town of Southold in place when the construction work was completed without a building permit, citing: 1) Article III, Section 100-31A.2(a)1, which states that all buildinRs for display and retail sales of a.qricultural and nursery products Rrown on premises shall not exceed one thousand (1,000) square feet in floor area. Also, major additions and alterations had been done increasing the size of the existing farm stand without a building permit, and in 1989 a certificate of occupancy was issued for a new farm stand measuring 14 ft. by 14 ft. in size, however, between 1989 and 1997, additions and alterations were made to that farm stand increasing its size from 14 ft. by 14 ft. in size to 2,441 square feet. 2) Article III, Section 100-31A2.(a)3, which states off-street parkinf:l as required in the parkinR schedule shall be provided and shall be approved by the PlanninR Board, and 3) Section 280-13A.(4)C, for the reasons that the winery structures shall be set back a minimum of 100 feet from a major road. The proposed conversion of existin.q farm buildings to winery buildinRs is not permitted, as the winery structures are required to be set back a minimum of 100 feet from a maior road~ and BuildinRs/Facilities 1~ 2~ 3~ ZBA #6106 - Harbes F~mily Farm----'E[.C. CTM 120-1-4, CTM 112-01-7.6 and 4 and other construction-buildin~s~ are less than the 100 feet from Sound Avenue and less than 100 feet from Hallock Lane. 4) Section 280-13A.4(D), which states the winery shall obtain site plan approval. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please do not hesitate to contact our office at (631) 765-1809, or by emaih Linda. Kowalski@Town.Southold.ny.us. Dated: February 6,2008. ZONING BOARD OF APPEALS GERARD P. GOEHRINGER, CHAIRMAN BY LINDA KOWALSKI 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 NOTIC OF HEARING The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME: HARBES FAMILY FARM #6106 MAP #: 120-1-4 & 112-1-7.6 APPEAL: Setbacks and Retail Areas REQUEST: Winery Buildings/Sales Areas DATE: THURSDAY, Feb. 28, 1:30 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD-TOWN OF SOUTHOLD 765-1809 #8711 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) BOARD OF APPEALS, 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 a week for 1__ week(s), successively, commencing on the 21st day of February, 2008. Principal Clerk Sworn to before me this c~u~ 15 ~r to tl~ ~p Oft;he ridge af lng a~pto:dm~tely 210 fee south of the Pare Properties; CTM'] 43.i~4.1. _2o08 ZONING BOARD of APPEALS TOWN OF SOUTHOLD; NEW YORK In the Matter of the application of (Name of applican~ ff CTM Parcel #1000-/~ - / -I STATE OF NEW YO~ I, ~ ~. ff/~ residing at ~0' ~ ~~ ,New York, being d~y swo~, de. scs ~d ~y ~at: On ~e ~ dov o~ ~ ~008 1 pe~on~ly m~led at ~e U~ted s~t~ ~ost o~ in ~ ~ ~ ~ ~), ~w ~ork, ~y crg~n~o ~A~L,, ~TU~ ~CEIPT ~Q~S~, a ~e copy of the a~ched Leg~ Notice in ~p~d envelops ~ssed to c~ent o~e~ sho~ on ~e c~ent ~sessment roll ve~fied ~om ~e offici~ recor~ og file~ ~e.( ~Assessors or ( ) Co~ty Re~ Pro.ny Offic~)~ ~ ~/~ . for eve~ property which abuts ~d is across a pu~l~ o~pfivate ~ect~ ~r vehicul~ ~ght-of-way of record, s~o~ng ~e applic~t's pro~/~,~ff /~ Signature Swor~to before/me this ~; '~~ ~'~ , 2oog ~ g~H~flgr~g~ NOTARY NO. 0~ QUALiFiED IN SUFFOLK GOUN~ COMMi86ION ~IRES ~30/20 Next to ~e o~er n~es ~d ad~essed for which notices were mailed. You. Ch~'lcs P. Simmons 221 W. 82"~ Street New York, NY 10024 /eoo -/go -- Y - / Edwant W. & May D. liar 553 fiound Avenue, Mattituek, NY 11952 Harbes Fnma Riv~ 715 Hallock Lane Matlituck, NY i 1952 /ooo -12. o -- / -,.9 Regina's (}arden 715 Hallock Lane Mattituck, NY 11952 KKP LLC c/o Peter Harbes 935 Laurelwood Dr Laurel, NY 119411 Marion & Maria Pangari 52 First Street Ext. Glen Cove, NY 11542 Harbes Family F, stat~ 715 llallock Lane Mattitu~k, NY ! 1952 Mr. William Wallace P.O. Box 281 Mattituck, NY 11952 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of (Name of Applicant) AFFIDAVIT OF SIGN POSTING Regarding Posting of Sign upon Applicant's Lend Identified as lO0O- //2.- - I 7.& COUNTY OF SUFFOLK) STATE OF NEW YORK) X residingat /Z I~1,11 ~"~d L.~.. , New York, being duly sworn, depose and say that: On the J.o day of F'c.~,-~.~.cv , 200~, I personally placed the Town's official Poster, with the date of headng 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 days prior to the date of the subject hearing date~ ~.~j.cl'). hearin~/e..was,..shown to be (Signature) SwOrn to befor~ me this day of ~F"d~,~-~?200'o~. (Notary Public) ANNE W. HILL Notary Public, State of New York No. 01HI6]03497 Qualified in Suffolk County Commission Expires Dec. *near the entrance or ddveway entrance of my property, as the area most visible to passersby. · Com~ items 1,2, and 3. Alan complete item 4 if Resblcted Delivery is desired. · Pdl~ Y(~Jr name and address on the ,reveme ~) th~ ~e can return the card to you. · Att~ th~ card to the back of the mailpiece, Harbes Farm Riverhead East LLC 715 Hallock Lane Mattituck, NY 11952 /oco-/30 - B-5/ C. Signature x cfi" D. Is deliver [] Agent [] Addressee [] Yes [] No [] Registered r-I Ret~n Receipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes 7003 3110 0001 1370 9053 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Defivery is desired. · Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Edward W. & May D. Harbes 555 Sound Avenue, Mattituck, NY 11952 Received b' B. Date of Delivery C. Signature ~- [] Agent X [] Addressee D. Is delivery address differe~ [] Yes If YES, enter delivery No 3. Serv'ce Type ;;~ecl~ified Mall ~ [] Registered [] Return~eipt for Merchandise [] Insured Mail [] C.O.D. 4. Restricted Delivery? (Extra Fee) [] Yes ~01 2510 0004 t873 4935 · PS Form 381. 1, Marcb_PC~.3 ................ m,~~calpt · Attach this c, an:l to the back of the meJlplece, or oo the front If spane permits. 1. ,Ntlcis ~Nffim~ed to: Harbes Family Estate 715 Hallock Lane Mattituck, NY 11952 /c~o- il& - / - slgnatum ~ I=~ M~I ~ C.O.D. ; ° ' 7003 3110 0001 1371 6181 F~S ~rm 381~1; Aught ~o0~1 ! ~ii ~ ~ r~,~m Receipt · Complete items 1, 2, and 3. Also complet~ Item 4 if Restricted Delive~ is desimd; · Print your name and addi-~ on the reveme so that we cen return the card to you. · Attach this cad to the back of the meilpisce, or on the ffo~ If space permits. 1. Article Addressed to: r-1m D. Isdellve~ fromiteml? i-I YII ff YES, e~ter dallver/eddre~ below. [] No Marion & Mafia Pangafi 52 First Street Ext. Glen Cove, NY 11542 1~3- 1i3. -/- ~,~ 3' ~M~I [] Expmes M~q [] Registered [] Return Receipt for blea~erd~e [] Ir~umcl Mall [] C.O.D. Charles P. b~fi~nons 221 W. 82na S~eet New York, NY 10024 Postmark Here ~1 ~erLi~J:~t,.CIAL USE ca ~ Regina's Garden ~ ~; 715 Hallock Lane t'~'~"~ Mattituck, NY 11952 USE Return Reclept Fee (Endorsement Required) Restdcted D~flvery Fee ca ~ Harbes Farm Riverhead East LLC [ ~- ~1715 Haliock Lane .......... l [ ab;'~ Mattituck, NY 11952 /<x:o-/Ca- 3-5/ ~ /~,~ Harbes Family Estate ' I e- [~ 715 Hallock Lane }-~- atbmck, NY 11952 ........... S2.65 $2.15 $0.00 $5.38 Mr. Willi~ W~lace P.O. Box 281 Ma~imck, NY 11952 / - Postage Certified Fee Return Receipt Fee (Endorsement Required) Restricted Delivery Fee (Endorsement Required) $ $0.~1 O94O O~ ~.15 ~0.00 Postmark Here E- - $5.21 award W. & May D. Harbes 555 Sound Avenue, [~Mattituck, NY 11952 Poalage $ ~).5~ 0 (Endorsement Required} $2.15 r--3 (Endomement R~qulmd) m I~'r° KKP LLC o I~-; c/o Peter Harbes v- o,~o'~ 93 t ........ 5 Laurelwood Dr ICky. sa i Laurel, NY 11948 02/08/20~ I aO~i~l~lAL USE Postage m -rot,' " $5.~ m Madon & Maria Pangari 52 First Street Ext. Glen Cove, NY 11.54~2 -/- __ I, ~! ! ._!~ e~ FOR INTERNAL USE ONLY,~ M^¥ 1 3 2005 .STE PLAN USE DETERMINATION ~ rh tffiFBe e-Te-Y~in at ~ o Date: ,5' / /3 / 5 Date Sent: ~ / Project Name: /~'F.~ Project Address: ?/~ Suffolk County Tax Map No.:lOOO- Request: C~nwr~/~ (Note: Copy of Building Permit Application and supporting documentation as to proposed use or uses should be submitted.) Initial Determination as to whether use is permitted: ~4~E' Initial Determination as to whether site plan is required: Planning Department (P.D.) Referral: P.D. Date Received: ~' I~__~_1~ Sig~g Inspector Date of Comment: ~" / /) / ~" ~ignat~ ~f Planing Dept. Staff ~e~iewer Final Determination Date:~/~ / O~ SOUTHOLD SITE PLAN SECTION A: Site Plan Name and Location Application Date: ~ / / Other SCTM #s: Street Address: "~ I 5 .~50UA/.b Distance to nearest intersection: Hamlet: Type of Site Plan: g' New Amended If Amended, last approval date: / / Residential SECTION B: Owners/Agent Contact Information Please list name, mailing address, and phone number for the people below: Property Owner Street ?15 ~Oot~ City Md.~tj_ State_/9r y I~' Telephone g .g/- ~dg;'" ,~4- ~,jt.- Other Applicant Street Citx Home Telephone State Zip. Other Applicant's Agent or Representative: Contact Person(s)*_ Street I 2-- /~'l} 4rl~l City ~,]~RtLt4~ State Office Telephone {03/- g 7g- gqS/ Other ~, ,¢1/- ,.5',.,4'g - 3 ?q~. *Unless otherwise requested, correspondence will be sent only to the contact person noted here. Page 1 of 2 10/05/05 ~SEIJ'I'ION C: Site Data Prqposed ,construction type: '~ Modification ~ Agricultural Change of use Property t. otal acreage or square footage: _1~. b/ _ac./sq. 12~b e¢.,~t.$, r~.C~.~.~ ~n Site Plan build-out acreage or square footage:4~ J_~-ac./sq. I2. If yes, explain. Is there an .existin~ or proposed Sale of Development Rights on the property? Yes A No Property Zoning District(s): Building Department Notice ofDisapproval Date: /0 /.~$ /~ ? (/,lsd: &tn *--,v-gm~.,~ ~/.,~ Is an application to the Southold Town Zoning Board of Appeals required? Yes ~ No If yes, have you submitted an application to the ZBA? Yes ¢ No If yes, attach a copy of the application packet. ~ Show all uses proposed and existing. Indicate which building will, have which use. If m,.ore then one use is proposed per building, indicate square footage of ilo,or area per use.'~.s e ~ ~ ~ ~Afd. d,¢~,.,~ g~ List all existing property uses:'~k List all proposed property uses'~ Other accessory uses: Existing lot coverage: . O '/' "/~ % bilProposed lot coverage: g~l.ra ¢... % Gross floor area of existing stmcture(s):l~.'/~, sq. it. Gross floor area of proposed structure(s): Parking Space Data: # of existing spaces: # of proposed spaces: '7 ~ Loading Berth: Yes ~ No [Landscaping Details: Existing landscape cover~l~e: Proposed landscape coverage:_-. ~0 ff' % IWaterfront Data: Is this property within 500" of a wetland area? Yes No v' If yes explain: I, the undersigned, certify that all the above infol~nation is true. Signature o f Preparer:` 10/05/05 Part I - PROJECT INFORMATION 0 ~1~repared by Project Sponsor I 0 ~//0~, NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please comp~.e the entire form Part A through O. Answers to these questions will be considered as part ofthe application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts II and itl. It is expected that completion of the full EAF will be dependent on information cun*entJy available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. LLC 7 PRESENT ZONING Jro W'~n~¥ usc PLEASE COMPLETE EACH QUESTION - INDICATE "NIA" IF NOT APPUCABLE: A. ~ (If not applicable, check here and go to Section B) [] N/A Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: [] Urban [] Industrial [] Commercial [] Residential Suburban [] Rural (non-farm) [] Forest ~, Agriculture [] Other (Specify) CRITICAL ENVIRONMENTAL AREA: 1. Is the site located in or substantially contiguous to a Critical Environment Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 [] YES [] NO [] N/A ZONING AND PLANNING INFORMATION: 1. Does proposed action involve a planning or zoning decision? [~ YES [] NO If yes. complete 1-13 below;. If no. aoto section D: [] Zoning Amendment [] Zoning Variance [] Subdivision [~ Site Plan [] Resource Management Plan [] Other What is the zoning classification(s) of the site? ,~ C [] Special Use Permit [] New (Revision) of Land Use Plan 2 4. WhatistflePROPOSEDzoningofthesite? I~. la. 5. What is the rnaximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended used adopted or recommended in local land use plans? [] YES [] NO 7. What aro J~e~redominant land use(s) and zoning ~assifications within a ~ mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land used within a ¼ mile? [] YES [] NO 9. If the proposed action is a subdivision of land, what is the number of ots proposed? ~ / C,,._ a. What is the minimum sized lot proposed? ' 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] YES ~[.NO 11. Is the project site presently used by the community or neighborhood as an open space or recreation area? [] YES [] NO 12. Will the proposed action create a significant demand for any community provided services (recreation, education, po ce, fire protection)? [] YES [] NO a. If YES, is existing capacity sufficient to handle projected demand? [] YES [] NO 13. Will the proposed action result in the generation of traffic significantly above present levels? [] YES [] NO a. If YES, are existing roads adequate to handle the additional traffic? [] YES [] NO D. ~ (If not applicable, check here & go to Section E) [] N/A Total Lot Area: [ S. (~ I [] square feet I~ acres PRESENTLy AFTER COMPLETIOI Meadow or Old Field (non-agriculture) Forested Agricultural (include orchards, pasture etc.) Unvegetated (rock, earth or fill) Roads, buildings and other paved surfaces Beach, Dune or Bluff Surface Water Tidal VVetlands (as per Chapter 81 and Ar[ Freshwater VVetlands or 24 of the ECL) Landscaped Other (in~4ca~ type) J~~~lf I~pplicable, check here and go to SectiO ' 1. Physical dimensions and scale of project (fill in dimensions as appropriate): a. Total contiguous acreage owned or controlled by project sponsor: b. Project area to be developed: '-I ~- initially; -3 ~- ultimately c. Project area to remain undeveloped ~ '~ d. Length of project, in feet and/or miles, if appropriate: ~ ~ o~o [] square feet [] acres [] square feet [] acres [] feet [] miles e. tfthe project is an expansion, indicate percent of expansion ~-,\c~ % f. Number of off-street parking spaces existing '~ .5 , proposed -'~ zf_ . g. Maximum vehicular trips generated upgn completion of the project? hourly h. Frontage along a public thoroughfare-'~ 2.~,~ linearfeet i. If residentiah Number and type of housing units: ~"'~[ Initially: Ultimately: j. Dimensions of largest propped structure. ~ ~ Height Widtfl Length 2. Will blasting occur during construction? [] YES [] NO 3. Will project require relocation of any facilities? [] YES [~ NO if YES, explain (If not applicable, check here and go to Section G) [] N/A What is/are the predominant soil type(s) on project site? (Please consult Suffolk County Soil Survey and Soil Conservation Service- Phone: 727-2315) List types: 2. Is project orany portion of project located in a 100-year flood plain? [] YES [] NO [] N/A 3. Soil drainage: Well-drained \ <::> ~ % of site Moderately well drained of site % of site Poorly drained % of site 4. If any agricultural land is involved, how many acres of soil are classified within soil groups 1 through 4 of the NYS Land Classification System? (See 1 NYCRR 370 (1).) acres [] N/A 5. Are there any dunes, bluffs, swales, kettleholes, strands or other geological formations on the project site? [] YES '~ NO Df YES, Describe: 6. Are there bedrock outcroppings on project site? [] YES [~NO a. What is depth to bedrock? (in feet) [] N/A 7. Approximate percentage ojf the project site with slopes (0-100%): 0-10% ~ oo '30 10-15% 15% or greater 8. How much natural material (i.e~ rock, earth, etc.) will be removed from the site? (~ cubic yards 9. Will the disturbed areas be reclaimed? [] YES [] NO ~ N/A a. If YES, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? [] YES [] NO c. Will upper subsoil be stockpiled for reclamation? [] YES [] NO 10. Grading: [] YES [] NO [] N/A If yes, complete a. throughi. a. Total area to be regraded: [] square feet [] acres b. Total cubic yards of cut: cubic yards c. Total cubic yards of fill: cubic yards d. Greatest depth of excavation or cut: feet (excluding recharge basin) e. Greatest depth of any recharge basin: feet f. Greatest depth of fill: feet g. h. Greatest depth of excavation or cut: feet (excluding recharge basins) Maximum artificial slopes after construction (check one ) [] 2:1 or greater [] 3:1 [] 5:1 []10:1 or less Will the project require the use of retaining walls? [] YES [] NO Bdefly describe method(s) to reduce erosion/runoff dudng and after construction: YJ~¢.~~;~ (If not applicable, check here and 1. Visual.' a, Will the project be noticeably visible from surround ng areas after its completion? [] YES [] NO [] N/A b. Will the project remove vegetation that currently screens the project site from surrounding areas3 [] YES [~ NO [] N/A ' c. Will the project partially or completely block, or contrast with, scenic views from surrounding areas or from the site? [] YES ~ NO [] N/A d. Does the present site include scenic views known to be important to the community? [~YES []NO Ifyes, please explain: ,or~..sc~--v~ ~-.~a~> 2. Cultural: a. Does the project site contain a building or site, and/or is it located within or substantially contiguous to a building, site or district listed on the State or the National Registers of Historic Places or Register of National Landmsrks? [] YES ~NO [] N/A b. Does the project site contain a building or site, which is substantially contiguous to or within a Town Historic District or Town Historic District Transition Zone? []YES ~'NO []N/A c. I,~s ~.e_p_.roject site ?~ .nfiguous to or does it contain a site or building which is designated a Town Landmark? LJ ¥c~ 1~ NO [] N/A ' d. Will the project be noticeably visible from, be adjacent to, or result in the partial or complete demolition of any structures listed on the State or National Registers of Historic Places, or a Town Historic Landmark? [] YE8 [] NO [] N/A e. Will the project result in the partial or complete demolition or relocation of any structures greater than 50 years old? [] YE8 [] NO [] N/A f- Will the Preject result in the Partial or complete removal of any documented or known Native American site? [] YES I~J NO [] N/A g. Does the project site contain or is it located adjacent to a cemetery or gravesite? [] YES J~ NO [] N/A · /ATER RE E ' (If not applicable, check hera and go to Section i) [] NIA 1. Will them~be..a._p~otenfial disch,~a.rg. _e as a result of an approval of th~s applicaf~on into a body of water either on or off_site? L_I ~'~-~ lZ~ Nr,-) II N/A If Yes, please explain: 2. Method of handling runoff (check all that apply): [] Leaching Pools [~' Dry Wells ~ Recharge Basin (on-site) 3. What is the minimum depth to the water table on site? (Please cite date and source of information) a. Seasonal variation feet [] Recharge Basin (off-site) [] Other (describe): 5 feet 4. Are there any lakes, ponds, swamps, bogs, marshes, or freshwater wetlands within or contiguous to project area~ [] YES I~ NO [] N/A ' a. Name of lake/pond or wetland: 5. Are there any streams within or contiguous to the project site? [] YES [] NO [] N/A Name: a. Name of body of water to which it is tributary: 6. Are there any Creeks, Em_ba. yments, Harbors or tidal wetland areas within or contiguous to the project area? [] YES L~NO [] N/A ' Name(s) a. Name of body of water to which it is tributary: ount Will surface area of an existing water body increase or decrease by proposal? [] YES J~,NO Please explain: FLORA-FAUNA.AQUATiCS: (If not applicable, check hero and go to Section J) 1. Do hunting, fishing or shellfishing opportunities presently exist in the project area? []N/A [] YES rtl NO [] N/A Is the project site utilized by, or contain any species of plant or animal life that is identified as raro, threatened, endangered, protected or identified as a specied of special concern? I-1 YES ~NO r~ UNKNOWN If yes, identify each species: 3. What wildlife species have been confirmed or would be expected to occur on site? 4. What vegetation species have been confirmed or would be expected to occur on site? 5. Are there any rare or protected plants or unique plant communities present on site? []YES PRNO If yes, identify each species: 6. How many acros/sq, ff. of vegetation (trees, shrubs, ground covers) would be romoved from site? [] acres [] square feet J~] N/A 7. Will any mature forest (over 100 years old) or any other locally important vegetation be removed by this project? [] YES [~NO ~- N/A ~ (If not applicable, check hero and go to Section K) [] N/A 1. Is the site served by existing public utilities? ;~] YES [] NO a. If yes, does sufficient capacity exist to allow connection? [] YES [] NO b. If yes, will improvements be necessary to alllow connection? [] YES [] NO 2. Will project result in an increase in energy use? [] YES [] NO If yes, indicate types: 3. What type water supply is from wells, indicate pumping capacity: 4. Total anticipated water usage per day: gallons/day. gallons/minute. (If not applicable, check hero and go to Section L) [] N/A 1. Will a Safe Pollutant Discharge Elimination System (SPDES) permit be required? [] YES [~,NO If yes, for what type of material? Is surface liquid waste disposal or storage involved? [] YES [] NO a. if yes, indicate type of waste (sewage, industrial, etc.) amount and method of disposal is subsurface liquid waste disposal involved (including sanitary)? I~ YES If yes, please indicate: a. Type of waste: b. Volume of waste: c. Sanitary waste treatment [] NO gallons per day [] on-site septic-system [] municipal treatment plant [] modified subsurface sewage disposal system [] community sewage disposal system [] other 6 'Town B~ard I']YES ['-~NO Town Planning Board []YES [-JNO Tow~ Zoning Board []YES J'-INO Town; Environmental Protection i--lYES I-INO Town; Building Department E-lYES [] NO Country Heallh Department ~]YES i'-INO Local Agencies []YES i'-INO State Agencies []YES []NO Federal Agencies []YES [-INO Other Agencies I-lYES []NO ADDITIONAL INFORMATION; Attach any additional information as may be needed to cladfy your project. If there are or may be any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. o. I cer~fy that the information provided above is true to the best of my knowledge. 6 SIGNATURE: Note: If the action is in the Coastal Area and you are a state agency, complete the Coastal Assessment Form before proceeding with the assessment. HARBES FAMILY FARM LLC ZBA # 6106 February28, 2008 SCTM #1000-120-1-4 SCTM# 1000-112-1-7.6 7.52 A 8.1A Subject site, comprised of 2 tax map lots, noted above, is a total of 15.608 acres in an A-C zone. The uses are permitted 1) FARM STAND The Structure designated "farm stand" consists of Farmstand (retail) 725 Roof over (display) 1600 Display/prep 330 Walk-in box (storage) 307 The original Farmstand was built in 1989: Permit 318441; CO Z18936 The Building Department has made a determination that the additions and alterations to the Farmstand occurred between 8/15/90 and 5/13/97 While the Bldg Dept cites Art 111, Sec 100-31A2(a)1 ("all buildings for display and retail sales of agricultural and nursery products...shall not exceed 1000 sq. fl. in floor area) as the determinant factor of the disapproval for the farm stand, we believe that Chapter 135, Farm Stands, adopted 5/13/97 should prevail. 135-3. A-G sets forth certain requirements and conditions for issuance of a building permit for a farm stand A. "No farm stand may be in excess of 1000 sq.ft, in floor area..." B. "The farm stand ...shall be setback a minimum of 50 from the adjoining public road..." However, 135-5, which deals with NONCONFORMING FARM STANDS, states that "A farm stand that existed on the date of adoption of this law (5/13/97) which does not conform to the provisions of this chapter (larger than 1000 sq.ft., <50' front yard setback)shall be deemed to be a nonconforming building and shall be subject to the provisions within this Code for nonconforming buildings" with conforming uses Has the variance been self-created? NO Farmstand is a Preexisting nonconforming structure with a conforming use 2) OFF-STREET PARKING Is being reviewed by PB, w/input from traffic committee, and other agencies "proposed parking will meet the town parking regulations Site plan is being revised to provide overflow parking for peak season activity ADA parking regs will be adhered to Providing for 74 spaces, plus overflow parking 3) WINERY BUILDING SETBACKS "... AS THE WINERY STRUCTURES ARE REQUIRED TO BE SET BACK A MINIMUM ON 100' FROM A MAJOR ROAD" The code provides no definition of "major road'. Hallock Lane is a private right-of way. See Boundary Agreement dated 429/66, recorded 8/5/66 L6007 pg117 Buildings 1, 2, 3: all >100 from Sound Ave. Bldg 4: 89' n/Sound Ave, behind the farm stand Relocating bldg 1, 2, 3 not a feasible alternative. Preserve antiquity Stone cellar under east end of bldg ~4 - wine storage Too fragile Cost factor Planning Board determined that the 'ibuilding locations do not hinder safe traffic movement along Hallock Lane, and the site appears to be generally functional as proposed. The applicant is proposing to restore existing farm buildings, all in character with the architectural heritage of the Town, that have historic value, and may be too fragile to move." 4) SITE PLAN APPROVAL Pending. PB seeking lead agency status Coordinated review commenced SEQRA PB - unlisted action ZBA should make Type 2 determination as in (all) other cases. Town Hall, 53095 Main Road P.O. Box I 179 Southold, New York I 1971-0959 Fax (631) 765-9502 Telephone (631 ) 765-1802 BUILDING DEPARTMENT TOWN OF SOUTHOLD April 12, 2007 Edward Harbes 715 Hallock Lane Mattituck, NY 11952 Dear Mr. Harbes: I am in receipt of your most recent site plan, dated March 28, 2007 (Progress Print) from Young and Young. Based on this new information, along with additional information you have provided to my office, I have renewed/amended your Notice of Disapproval (attached) that now addresses your proposed winery as well as the violations that currently exist on your property. The attached Notice of Disapproval is required for you to continue yom process with the Southold Town Planning Board, and to file with the Southold Town Zoning Board of Appeals. No building permit will be issued until you have applied to and gained approval from both of these agencies. Please be aware that once you have your approvals from these agencies you will still be required the following: As built building permits for the bakery, office, form stand, bathroom facility and any other structures that were built without a building permit Building permitsfor any new construction proposed on the lot. In addition, all existing structures that currently do not have a certificate of occupancy will be required to meet New York State Code compliance. Also note that some of the existing and proposed buildings, as well as some of the proposed uses require approval from the Suffolk County Health Department before a building permit can be issued. You may now contact/apply to both the Zoning Board of Appeals and Planning Board directly. If you have any questions, please feel free to contact this office, at (631) 765- 1802, between the hours of 8:00 a.m. and 4:00 p.m. Damon Rallis, Permit Examiner -- CC: File, Planning Department, MJV, ZBA Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971-0959 Fax (631) 765-9502 Telephone (631) 765-1802 BUILDING DEPARTMENT TOWN O~" SOUTItOLD February 21, 2007 Edward Harbes 715 Hallock Lane Mattituck, NY 11952 Dear Mr. Harbes: Thank you for meeting with me last month. I believe that our meeting was quite productive and we are on the road to resolving the outstanding issues surrounding your property. Based on the information provided to me during our last meeting and a subsequent survey submitted to my office last week, ! have come up with a revised list of violations. Please be aware, that this list is based on your most recent proposal for development of your property. Before I can issue a new disapproval, you must submit a full site plan showing all of the work you are proposing on your property. Regarding the existing violations on your property and the proposed changes you wish to make, the following issues must still be addressed: 1.) As built additions and alterations to an existing farm stand (prior to 1997): I am satisfied with the evidence that has been provided to me that the work was done prior to the date of the town's most recent farm stand code. However, the "as built" work still falls under the requirements of the town's previous farm stand law. Therefore, the following approvals are required for the existing farm stand: a.) A variance from the Southold Town Zoning Board of Appeals: for a farm stand in excess of 1,000 square feet. b.) Approval from the Southold Town Planning Board: for proper off- street parking. c.) An "as built" permit: Following the above referenced approvals, an as-built building permit will be required for the additions and alterations. 2.) Under construction, "as built" shed: As you know, a verbal stop work order was issued to you for construction of an accessory shed without the benefit of a building permit. Following your submission of an application for the above-referenced as built work, it was determined that it is your intention to bring plumbing into this building. You have also explained that it is your intention to "bake pies" in this building for the purpose of retail sales on the property. As a result the following is required: a.) Approval from the Suffolk County Health Department. b.) Site plan approval from the Southold Town Planning Board. c.) A variance from the Southold Town Zoning Board of Appeals: for use. d.) An "as built" permit: Following the above referenced approvals, an as-built building permit 3.) Illegal bathroom structure: Currently, the Southold Town Building Department has no record of a building permit or certificate of occupancy on file for the accessory bathroom structure located on your property. As a result, the following approvals are required for the existing accessory bathroom structure: a.) Approval from the Suffolk County Health Department. b.) An "as built" permit: Following the above referenced approvals, an as-built building permit will be required. Please note the bathroom building will be required to meet all New York State code requirements, including handicap accessibility. 4.) "As built" shed (next to the greenhouses on the north side of your lot): Currently, the Southold Town Building Department has no record of a building permit or certificate of occupancy on file for the accessory shed noted above. As a result, the following approvals are required for the existing accessory shed: a.) An as-built building permit will be required for construction of an accessory shed. Please note that the use of the building is unclear at this time and may require additional approvals. 5.) Illegal farm labor camp (next to the greenhouses on the north side of your lo0: Based on our most recent conversation, it is our understanding that the farm labor camp will be moved to a different property. If this is the case, no further action will be required regarding this issue. 6.) "As Built" greenhouses: Based on our most recent conversation, it is our understanding that the 14 "as built" greenhouses will be moved to a different property. If this is the case, no further action will be required regarding this issue. Once you have submitted a clear plan showing the elimination of issues//5 &//6, we will be able to issue an amended Notice of Disapproval, which will allow you to move forward with your site plan application, as well as any other town agency approvals required. If you have any questions, please feel free to contact this office, at (631) 765-1802, between the hours of 8:00 a.m. and 4:00 p.m. D'am"6~'~Ralli ~, ~aminer CC: File, Planning Department, MJV, ZBA Town Hall 53095 Main Road P,O. Box 1179 Southold, New York 119714)959 BUILDING DEPARTMENT TOWN OF 8OUTI-IOLD Fax (631) 765-9502 Telephone (631 ) 765- 1802 August 2, 2006 Edward Harbes 715 Hallock Lane Mattituck, NY 11952 Dear Mr. Harbes: Following a verbal stop work order issued to you in late July, as well as subsequent inspections of your property and further research here in our office, related to the construction of an accessory shed without the benefit of a building permit, it has come to my attention that there are a number of violations that exist on your property. We are unable to process your permit application for the "as built shed," noted above and we have asked the Southold Town Plam~ing Department to request an amendment to your current site plan application for a winery at 715 Sound Avenue, Suffolk County Tax Map Number 120-1-3, until you have addressed the following violations: 1.) Illegal Farmstand Structure: Currently, the Southold Town Building Department has a certificate of occupancy on file for a 14x14 farmstand structure. It is apparent that sometime since the certificate of occupancy was issued in 1989, work has been done to the structure. As a result, the following approvals are required for the existing farmstand: a.) Site Plan approval from the Southold Town Planning Board for a farmstand structure in excess of 1,000 square feet (2,441 to be exacO . b.) Special Exception approval from the Southold Town Zoning Board of Appeals for a farmstand structure in excess of 1,000 square feet (2,441 to be exacO. c.) A variance from the Southold Town Zoning Board of Appeals for an insufficient front yard setback (42feet - 50feet required). d.) Following the above referenced approvals, an as-built building permit will be required for additions and alterations to an existing farmstand structure. 2.) Under-construction, "as built" shed: As you know, a verbal stop work order was issued to you for construction of an accessory shed without the benefit of a building permit. Following your submission of an application for the above- referenced as built work, it was determined that it is your intention to bring plumbing into this building. As a result the following is required: As a result, the following approvals are required for the existing farmstand: a.) Approval from the Suffolk County Health Department. b.) Following the above referenced approval, an as-built building permit will be required for construction of an accessory shed. 3.) Illegal bathroom structure: Currently, the Southold Town Building Department has no building permit or certificate of occupancy on file for the accessory bathroom structure located on your property. As a result, the following approvals are required for the existing accessory bathroom structure: a.) Approval from the Suffolk County Health Department. b.) Following the above referenced approval, an as-built building permit will be required for construction of an accessory bathroom structure. Please note the bathroom building will be required to meet all New York State code requirements, including handicap accessibility. 4.) "As built" shed (next to the greenhouses on the north side of your loO: Currently, the Southold Town Building Department has no building permit or certificate of occupancy on file for the accessory shed noted above. As a result, the following approvals are required for the existing accessory shed: a.) An as-built building permit will be required for construction of an accessory shed. Please note that the use of the building is unclear at this time and may require additional approvals. 5.) Illegal farm labor camp (next to the greenhouses on the north side of your loO: Currently, the Southold Town Building Department has no building permit or certificate of occupancy on file for the accessory trailer noted above, which appears, upon inspection, to be used for farm labor housing. As a result, the following approvals are required for the existing accessory shed: a.) Approval from the Suffolk County Health Department: For septic, as well as the operation of a farm labor camp. b.) Special Exception approval from the Southold Town Zoning Board of Appeals: For operation of a farm labor camp. 6.) As built greenhouses: Currently, the Southold Town Building Department has no building permit or certificate of occupancy for any of the 14 greenhouses erected on your property. As a result, the following approvals are required for the existing accessory greenhouses: a.) As-built building permits will be required for construction of accessory greenhouses. Because there has been an apparent disregard for obtaining proper permits on your property, we are giving you ten (10) to show us that you have taken steps to address the above referenced violations. If we have not received satisfactory response within that time period, our department will take further action against your property. Include, but not limited to court appearance tickets, fines and/or a cease and desist order. We are also requiring a full inspection of your property by a member of this department as soon as possible. Because we have not had the opportunity to inspect every building on your property, please note that the above list may only be a partial list of approvals needed. We are sorry for any inconvenience this may cause. If you have any questions, please feel free to contact this office, at (631) 765-1802, between the hours of 8:00 a.m. and 4:00 p.m. t Ex ~mir~r.~--~ CC: File, Planning Department, MJV, ZBA RECEIVED AUG ~_ 2 2006 Da#lei C. Ross 315 Westphalia Avenue, P.O. Box 146, Mattituck, New York 11952-0146 (631) 298-1200 (631')298-4427(Fax) $outhold Town Clef[ DATE: August 21, 2006 TO: Town Clerk - for distribution to: 1. Town Attorney's Office - with enclosures; 2. Building Department, Att: Mr. Rams - without enclosures; 3. Town Board - without enclosures. FROM: Dan Ross 8/17/06 memo from Anthony B. Tohill, Esq. re: Harbes Farmstand COMMENTS: Please find a copy of Tony Tohill's August 17, 2006 memo to me regarding the Harbes Family Farm/Farmstand. Please distribute as indicated. 08/1Z/2006 14.'~3 6317276338 A TOHILL PC ANTHONY B. TOHILL P.C. ATTORNEYS AT LA~ 12 First Street P.O. Box 1530 Rivmrhead, ~ew York 11901-0905 FAX TELEF~.X TRANSMITTAL SHEET FAX NO. FROM Councilman Daniel Rose 298-&427 ANTHONY B. TOHILL, P.C. Fax Number: 631-727-6336 NUMBER OF PAGES, INCLUDING THIS PAGE: DATE: RE: ATTAC"HMENTS: 25 August 17, 2006 Harbe~ Family Farm Letter with Enclosures COF~M~NTS: A.B.T. THIS COMMUNICATION MAY CONTAIN INFORMATION WHICH IS CONFIDENTIAl.- AND/OR PROTECTED BY THE AI-rORNEY-CI.IENT 0R OTHER APPLICABLE PRIVILEGE, IT IS INTENDED FOR RECEIPT AND USE SOLELY BY THE [NDMDUAL(S) NAMED A~OVE, IF YOU ARE NOT THE IN"I'~NDED RECIPIENT, OR THE EMPLOYEE OR AGENT RE,BPoNSIBLE FOR DE[JVI~RING THIS COMMUNICATION TO THE INTENDED RECIPIENT, YOU ARE H~REBY NOTIFIED THAT ANY DISCLOSURE, DISTRIBUTION OR COPYING OF THIS DOCUMENT IS STRICTLY PROHIBITED, iF YOU HAVE RECEIVED THIS COMMUNICATION IN ERROR, pLEA.BE NOTIFY US IMMEDIATELY BY TELEPHONE AND RETURN THE ORI(~INAL DOCUMENT TO US AT THE ABOVE ADDRESS VIA THE U.~. I=OSTP, J. ~IERVICE, THANK YOU. 08/17/2006 14:33 63~-727-8383 631727~ A TOHILL PC ANTHONY B. TOHILL, P.C. ATTORNEYS AT LAW 12 FirSt Street P,O. Box 1330 Riverhead, New York i1901-0903 FAX 631-~27-63~6 VIA FA~SI)IILE: · 298-4427 Councilman Daniel Ross 315 Westphalia Ave. Mattituck, I~Y 11952 August 17, 2006 Dear Dan: Thank you for taking my call today about Harbes Family Farm. As I mentioned during our conversation, I am aware that the Town Board will be speaking about this matter tomorrow and my intention is to provide a memo of my present analysis of the August 2, 2006 letter of Damon Rallis, a copy of which I have attached. The first issue is t~e farm stand. Mr. Rallls states that approvals are needed as follows: Plani%ing Board site plan approval, ZBA special exception approval, ZBA front yard setback variance and Building Department building permits. The present fanta stand was built and in ~xlstence prior to May 13, 1997 when Chapter 135, Far~ Stands, w~s enacted. Under ~ 135-5, "a farm stand existing on the date of adoption of this law which does not conform to the provisions of this Chapter should be deemed to be a nonconforming building and shall be s%lbject to the provisions within this Code for nonconforming buildin~s." Attached is a copy of Chapter 135. This is not a mere continuance provision. This is an express reclassification to a nonconforming building. Construed in accordance with its exact language,§ 135-5 affirmatively rendered the farm stand legitimately nonconforming: a) a farm stand b) that existed c) on May 13, 1997 d) larger tha/% 1000 sqi~are feet with less than a 50 foot front yard setback e) shall b_~e a nonconforming building f) subject to § 280-122 governing nonconforming buildings with conforming uses. C Daniel RoSS August 17, 2006 Page 2 A TOHILL PC The second issue is a shed under construction. Mr. Rallls states two Remits are required: 8CDHS and a building permit. SCDH$ does not regulate faa stands. This can be ~~_ed by calling the SCDHS food unit at 852-5677. The food ,%ute Th~ third issue is the bathroom ~t~c=ure. We are in the process o~ obtaining The fourth issue is an as built shed, which is the farm office. This building stands on a footprint which we believe preexists the enactment of zoning in Scuthold and is a replacement and conversion of any prior storage use.' The fifth issue is the farm labor camp which is a modular one story building housing three (3) men. A farm labor camp is permitted as a ZBA special exception use subject only to SCD~S approval. We are seeking SCDHS approval. The Bathes Family.Farm is within an agricultural district under Article 2~AA of the New York Agriculture and Markets Law. Enclosed is a copy of the Court of Appeals opinion in Lysander y. Hafner, 86 N.Y.2d 5S8, 733 N.Y.S.2d 3S8 (2001) and the Third Department's opinion in Inter-Lakes Health, Inc. v. Town of Ticonderoga, 13 A.D.2d 846, 786 N.Y.S.2d 643 (3rd Dept. 2004), each of which helpfully outlines the need for a good working relationship between local zoning regulations and working agricultural properties. The last issue is the plastic greenhouses. I know these are exempt under the New York State Uniform Fire Prevention and Building Code. Attached is a Teuh~ical Bulletin from the Department of state. Internet research of the Southold Town Code picks up no entries for ~emporary greenhouses and three entries for greenhouses all within the Zoning ordinance. Has the Town used some type of home rule approach on requiring building 14:33 63172783: A TOHILL PO PAGE 64/25 Councilman Daniel Ross August 17, 2006 Page 3 permits and if so can you point out where this is located. I am familiar with Mueller v. ZBA, 10 A.D.2d 687, 783 N.Y.S.2d 593 (2d Dept. 2004) (copy enclosed) but this case does not address the building permit issue. The Harbes family has a large agricultural investment in the Town.. Ail of their properties have been committed into ag districts. They seek to resolve regulatory issues on a fair and reasonable basis without expenses which can be avoided. May we'speak at your convenience. Many thanks for your interest. Very truly yours, ABT/lm ~nc. Anthony B. Tohill *ZalL 53095 Main Road P.O. Box [ 179 Sou~hold. New York 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTI-IOLD Telephone (631 ) 765-1802 August 22, 2006 Anthony B. Tohill, P.C. PO Box 1330 Riverhead, NY 11901 Re: Harbes Family Farm Dear Mr. Tohill: I am in receipt of your letter, dated August 17, 2006, to Councilman Dan Ross, in response to my letter (dated August 2, 2006) regarding violations on a property located at 715 Sound Avenue, Suffolk County Tax Map Number 120-1-3. Based on the information you have provided to Mr. Ross, the Southold Town Building Department has revised its list of requirements and I will address each of the issues, point by point, as I did in my August 2nd letter. Unfortunately, we cannot guarantee that this is a complete list because, to date, Mr. Harbes has not been forthcoming with respect to the uses and structures on his property. Until we have a full inventory of current structures and uses, as requested at our August 8® meeting with Mr. Harbes and representatives from Young & Young, this list cannot be considered final. With that said, let me first address the issue of the farm stand structure: As you know, Mr. Harbes currently has a certificate of occupancy on file with the building department for a 14x14 farm stand structure issued in 1989. Your argument that the farm stand shall not be considered under the 1997 law, because it was constructed prior to May 13, 1997, may be correct. However, this is the first time we have been provided with information relating to the age of the "as built" construction. Therefore, we amend the requirement for the "as built" additions and alterations to the farm stand as follows: A Letter of Certification: Please have a New York State licensed architect or engineer submit a letter to this office validating the construction of the additions %Jand alterations to the farm stand. This letter would eliminate the need for site plan approyal and~pecial exception approval based on the 1997 law. dipproval from the Southold Town Planning Board: for proper off-street lng. (See,~elow). 'as built permit: Following the above referenced approvals, an as-built sntgruPcelun~i will be required for additions and alterations to an existing farm Based on your letter, explaining that the construction occurred prior to 1997 and, based on the certificate of occupancy currently on file, we have determined that the additions and alterations were constructed sometime between August 15, 1990 and May 13, 1997. My office has made the above determination of requirements based on the law in place at that time, Article III, Section 100-31 A.1, which states, "All buildings for display and retail sales of agricultural and nursery products grown on the premises shall not exceed one thousand (1,000) square feet in floor area..." and Article III, Section 100-31 A.3, which states, "Off-Street parking as required in the Parking Schedule shall be provided and shall be approved by the Planning Board..." Regarding the under-construction "as built" shed: Your reference to "food processing," in this particular building, was not revealed to this office until now. Please clarify what type of food processing you are referring to in this building, as well as in any other building, so that we may be sure that the use conforms to town code requirements. Furthermore, the need for Suftblk County Health Department with respect to this structure has nothing to do with food processing. I was actually referring to the plumbing proposed for this structure. As you know, any new water/waste lines proposed on this property require approval from the Suffolk County Health Department. This can be confirmed by calling the department at 852-5800. Therefore, the following is still required for the shed structure: Approval from the Suffolk County Health Department: SCHD approval is required for the proposed plumbing in this building. As Built Permit: Following the above referenced approval, an as-built building permit will be required for construction of an accessory building. Certification of Use: Please have a New York State licensed architect or engineer submit a letter to this office outlining the proposed "food preparation" use ~vithin this structure and any other structure so that we may verify that it meets town code requirements. Regarding the "as built" bathroom structure, we understand that the applicant is currently in the process of making an application to the Suffolk County Health Department for this structure. We would suggest that the applicant make that department aware of all wastewater issues on the property. Including, but not limited to, the farm labor camp, the "as built" bathroom, the proposed plumbing in the under-construction "as built" shed structure (subject of the open stop work order) and any other structures that may fall under that department's jurisdiction. To reiterate, there is no building permit or certificate of occupancy on file for the accessory bathroom structure located on the property. As a result, the following approvals are required for the existing accessory bathroom structure: Approval from the Suffolk County Health Department Following the above referenced approval, an as-built building permit will be required for construction of an accessory bathroom structure. Please note the bathroom building will be required to meet all New York State code requirements, including handicap accessibility. Regarding the "as built" shed/office (next to the greenhouses on the north side of your lot), it is your contention that this structure is pre-existing. Our records (including past surveys and property inventories, do not show this structure. Please provide this office documentation that shows a pre-existing status. However, if the conversion of the structure from shed to office required any construction, an "as built permit will be required. Regarding the farm labor housing currently on the property, I understand the need for a good working relationship between zoning regulations and working agricultural properties. That, however, does not negate the fact that the following is required for this particular structure: Approval from the Suffolk County Health Department: This agency is charged with issuing permits for septic, as well as the operation of a farm labor camp. Special Exception approval from the Southold Town Zoning Board of Appeals: For operation of a farm labor camp. With respect to the "plastic greenhouses" referenced in your letter, you are correct that temporary structures are not required to meet the standards of the New York State Building Code. Although I was not furnished a copy of the technical bulletin you submitted with your letter to Mr. Ross, I have enclosed what I believe is the bulletin you are referring to. Please note the third paragraph, fourth sentence, which states, "... temporary greenhouse structures are not exempt from local zoning requirements for building permits." Therefore, to reiterate the requirements for the "as built" greenhouse structures that currently exist on the property, the following is required: s-built braiding permits: These permits will be required for construction of the accessory greenhouses. Please be aware that site plan approval may also be required for these greenhouses, as well as a variance for insufficient setbacks. To date, the applicant has failed to produce a proper survey noting the setbacks of these structures. Finally, it has now come to our attention that there is a gazebo on the applicant's property that is currently used for wine tasting and sales, as well as a "petting zoo" which has not been brought to our attention. Not only has this gazebo and petting area not been shown on any application or survey submitted to this office, the have not yet been approved by the Town of Southold. I understand that the Harbes family, as noted in your letter, has a large agricultural investment in the Town of Southold. This does not exempt Mr. Harbes from obtaining the proper state, county and local permit governing the construction and the uses on his property. To date, we have attempted to engage the property owner and all parties involved in ?iscussions on how to remedy this situation. The town has every right to immediately issue violations to Mr. Harbes but we have refrained from doing so in an effort to elicit voluntary compliance. Although we have received numerous site plans and surveys (supposedly showing every existing and proposed building and use on the property), they still do not tell the whole story. As of today, the town has yet to receive an accurate survey of the property and an inventory of all uses. Only when we have this document can we advise Mr. Harbes, with confidence, of what approvals will be required. Please understand, Mr. Tohill, that Mr. Harbes can no longer use the excuse that, in the past, he was told that he "did not need" a permit or he "did not know" he needed a permit for the 10+ years of additional construction and use changes on his property. A simple FOIL request will reveal that the few building permits and certificates of occupancy that currently exist for the property were all obtained as a result of stop work orders issued by my department. I cannot surmise anything but a blatant disregard for the code of the Town of S outhold on the part of the property owner. We ask that for the sake of the Town of Southold, the future of this property and, most importantly, the sake of the general public, that your client immediately submit the documents that we requested from him on Tuesday, August 8, 2006. These documents include a complete site plan showing all existing and proposed buildings on the property, an inventory of all uses on the property and a request for an amended and renewed Notice of Disapproval. Using these documents, my office will amend the existing expired Notice of Disapproval, dated May 23, 2005, which currently only addresses the proposed winery and tasting room. This new amended Notice of Disapproval will outline which types of approvals will be need from the Town of Southold, not only for proposed construction and use changes, but those existing structures and uses that never received proper approvals. In addition, our review of this documentation will allow us to advise the property owner and all parties involved, as to which state, county and local agencies will also be involved in the process. In the future, feel free to contact this office if you have any questions about this or other determination we have made. I can be reached at (631) 765-1802 between the hours of 8:00 a.m. and 4:00 p.m. Respectfully Yours, Damon Rallis, Permit Examiner Southold Town Building Department CC: File, Michael Verity, Supervisor Russell, Councilman Ross, Town Attorney's Office, Code Enforcement Director Ed Forrester, town board members. § 100-31 $OUTHOLD CODE § 100-31 § 100-31. Use regulations. [Amended 3-14-89 by L.L. No. 3-1989] In A-C, R-80, R-120, R-200 and R-400 Districts, no building or premises shall be used and no building or part of a building shall be erected or altered which is arranged, intended or designed to be used, in whole or in part, for any uses except the following: A. Permitted uses. (1) One-family detached dwellings, not to exceed one (1) dwelling on each lot. (2) [Amended 5-23-89 by L.L. No. 8-1989] The following agricultural operations and accessory uses thereto, including irrigation, provided that there shall be no storage of manure, fertil/zer or other odor- or dust- producing substance or use, except spraying and dusting (o protect vegetation, within one hundred fifty (150) feet of any lot line: (a) The raising of field and garden crops, vineyard and orchard farming, the maintenance of nurseries and the seasonal sale of products grown on the premises, subject to the following special requirements: [1] All buildings for display and retail sales of agricultural and nursery products grown on the premises shall not exceed one thousand (1,000) square feet in floor area or one (1) story in height. Display of produce at a roadside farm stand shall be not less than ten (10) feet from all with all of the provisions hereof. [2]All signs shall conform to the prov/sions of § 100-31C(9). I3] Off-street parking as required in the Parking Sehedule~ shall be provided and shall be approved by the Planning Board. Any roadside s Editor's Note: See § 100-191A for the Parking Schedule. § 100-31 (3) ZONING { stand in existence on the effective ~a~ subsection must, within one (1) year f~ date, comply with the provisions heroot (b) The keeping, breeding, raising and trai horses, domestic animals and fowl (except d~ lots of ten (10) acres or more. (c) Barns, storage buildings, greenhouses (i~ plastic covered) and other relateiJ~str~ provided that such buildings shall trr yard requirements for principal buil~. Buildings, structures and uses owned or operate Town of Southold, school districts, park districts districts. B. Uses permitted by special exception by the Board of The following uses are permitted as a special excepti( Board of Appeals, as hereinafter provided, and, excel uses set forth in Subsection I](15) hereof, are subj~ plan approval by the Planning Boar& (1) Two-family dwellings not to exceed one (1) such on each lot. (2) Places of worship, including parish houses (but e a rectory or parsonage, which shall c~rn requirements for a one-family dwelling),~je following requirement~ ia) No building or part thereof shall be ereete than fifty (50) feet to any street line and na twenty (20) feet to any lot line. (b) The total area covered by all principal and; buildings shall not exceed twenty percent the area of the lot. (3) Private elementary or high schools, colleges a educational institutions, subject to the following ments: Editor's Note: See ~ Ch. 41, Ducks. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTItOLD Tel. (631) 765-1809 Fax (631) 765-9064 USPS Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 REPLY FORM DATE: December 19, 2007 To: Catherine Mesiano, Inc. 12 Mill Pond Lane East Moriches, NY 11940 Re: New Submission CTM 112-1-7 (Variance Application/Harbes) ( X ) The application is incomplete for the reasons noted below: In reviewing the above application and preparing for processing, it is noted that the appeal application mentions an appeal of the 9/17/07 amended Notice of Disapproval, but does not mention that relief is requested for the reasons added by the Building Inspector on October 25, 2007 in a further amended Notice of Disapproval, or under Article 280-13 (4)(D). Further processing will continue after receipt of the above information. Thank you. Office Location: Town Annex/First Floor, North Fork Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD TOWN MEMO Tel. (631) 765-1809 Fax (631) 765.9064 USPS Moiling Address: 53095 Main Road RO. Box 1179 Southold, NY 11971-0959 TO: Planning Board FROM: Gerard P. Goehringer, Chairman DATE: January 22, 2008 SUBJECT: Request for Comments Our Department has received and is reviewing the following application, and enclose copies of the Building Department's Notice of Disapproval, and application with the applicant's 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. NAME TAX#/ ZBA BD NOD VARIANCE PLANS PREPARER ZONE DATE DATE STAMPED Harbes, 112-1-7.6 6106 10/25/07 Setbacks for 11/07/07, Young & Edward (formerly Winery sheets GL Young 7) and Buildings and and AS 120-1-4 Agricultural AC Zone sales Your comments are appreciated by February 6, 2008. Thank you. Enclosures: Site Plan GL & AS . TaxMaps [ ",~. _~ ~r14) Office Location: Town Annex/First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 Mailine Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 March 24, 2010 Susan Pisano Harbes Family Farm, LLC P.O. Box 1524 Mattituck, NY 11952 Re: ZBA # 6106 Dear Ms. Pisano: Transmitted for your records is a copy of the Board's March 16, 2010 Findings, Deliberations and Determination, the original of which was filed with the Town Clerk regarding the above application for variances. Before commencing any construction activities, a building permit is necessary. Please be sure to submit an application along with a copy of this determination to the Building Department. If you have any questions, please feel free to call at any time. Vicki Toth End. i OI)Z)-- /9.-i5~ 1~'~ /9-o-- /9o - 12-0 /'- :~ //~ ~ /.~ ~,~ Property COUNTY OF SUt Reel Properly fox S6 LINE \ ® COUNTY OF SUI Real Property Tax Sc TRI~ SIDING LEFT ELEVATION SCALE: 1/4" = 1'-0" CRNN. BDS- CRNR BDS FRONT ELEVATION SCALE: 1/4"= 1'-0" WEBB MODEL No. 2533 VENTED CUPOLA DESIGN SERVICES (631) 296-2250 draw4u@optonline.net Z DRAWN BY: MH ]uly 23, 2006 SCALE: 1/4" = 1'-0" .... ,- , ~- , SHEET NO: , REAR ~ ' RIGHT ELEVATION ~~'T,'~,_ J J SCALE: 1/4 = 1-0 , SCALE: 1/4" = 1'-0" ,5 P-,EFP-,IGERATOR FOR. TOP, DIDPLA'~, WINE5 MATE~I'AL5 COUNTER TOP ¢ BAR 5TOOL5 DISPLAY OF FRUIT6, VEQEq'ABLES, ?LOWERS, CRAFFS, ETC. '%, n n n fl n fl n n fl n n n n fl~ ~~- OEAST ELEVATION SCALE: I/4" = I LO" OWEDT ELEVATION SCALE: I/4" = I ' 0" PLAN5 SCALE; Young & Yo'~ng 11901 NOP-.TH ELEVATION SCALE ~ I/4" = I LO" O.50UTH SCALE: EILEVATION I/4t" = I ?Or-. THE ALTERATION &: CHANGE OF USE EDWAI~D Vv'. MAP-..E~E5 AT M~q-ITIJCK, TOWN OP SOUTIflOLD SUFFOLK COUNTY, NEW YORK F:'LAN ANE) ELEVATION5 III ',EIVEI: NOV 0 7 ~007 DRA~NG PREPARED MAR, 14, 2005 SCALE: 1/4" = f-o" JOB N0.:2005_0007 A-I 0NOI~TH ELEVATION SCALE: I/4" = I '-0" OEAST ELEVATION SCALE: I/4" = I '-0" 50UTH ELEVATION SCALE: I/4" = I '-0" W'EST ELEVATION 5CAL~: 1/4" = I '-0" Yo'~ng & Yo~,g 400 Ostra~der Avenue, B4,verhead, New 631-727-2303 York I1901 PLAN SCALE: I/4" -- I '-0" FOP-. THE ALTERATION & CHANGE OF USE EDW'AI~.D W. i-IAI~IDE..~ III AT MA~IFITUCK., TOWN OF 50UTHOLD 5UFFOLIQ COUNTY, NEW YOR. I(, I='LAN AND ELEVATION.~ 2007. DRA~NG PREPARED MAR. 14, 2005 SCALE: 1/4' = JOB N0.:2005_0007 DWG.: ...~Contract Drawings~A-2. dwg A-2 ffLOOP-. PLAN 5GALE: I/4" = I LO" 0NQKTI-I ELEVATION SCALE: I/8' = I '-0" SOUTH SCALE; ELEVATION I/5" = I '-0' OWEST ELEVATION SCALE: I/~5" = '-0' OEAST ELEVATION SCALE r 1/5" = I '-0" Yo~r~g & Yo~r~g York flgOl FOI~ THE ALTERATION & 'CHANGE OF USE E D~VAP-.D W. AT MATI-ITUCK, TOWN Off 50UTHOLD SUFFOLK. COUNJY, NEW YOP. K PLAN ¢ EL[~VATION~ III f DRA~NO PREPARED MAR. SCALE: 1/4" = 1'-0" JOB NO.: 2005_0007 DWG.: ...~Controct Drawlngs~A-3.dwg A-3 STORAGE 170 SF x, EtLITCH DOOR J PREPAP, ATION AREA 330 SF SLIDING DOOP-,~ OPARMSTAND PLAN SCALE: 114" = ILO" GXG SALES AREA 725 57 C~LUM"J5 - TYPIC,& \\ WOOD PARTITION WITH HOPPER PAkJE~.~r'' I- Nh CUPOLA?6OVE I I I I 5 L I /OISPLAY xx / x B-- £ -- -121 ..... / GRAVEL SURFACE N , I / COOLER (STOP, AGE) x, x, x, / / / N .k / / / / / / / / / / / / / EDGE OF ROOF OVERHANG xx I xl Young & Young 0FAI~'.MSTAND SOUTH ELEVATION SCALE: I/4" = I '-0" WINEP-,Y ALTEP-.ATIONS FOR EDVVAP-..D W. HAPxESE5 AT MA'R-ITUCIg, TOW'N OF SOUTHOLD SUFFOLK COUNTY, NEW YO~.K III FAI~MDTAND PLAN AND ELt'VATIOND ] DRA~NG PREPARED OCT, 25,: SCALE: 1/4" = 1'-0" 40B NO.: 2005_0007 DWG.: ,,.\Contract Drowinga~A-4, dwg A-4 LOGATION MAP LIST OF: ~L ~NBRALLA¥OUT AD ALIgNmENT * ¢OHEPULE PLANe CPI ¢ ¢P2 CRAglN~ * DRAINAGE PLAN¢ Young & Young EN~INEER'¢ ~,~=RTIPIC, ATION SU~VE¥Ot~,'~ C. ERTIPIOATION t~DPIA~P Pl. HAF~BE~ III P.O, BOX 1~24 I'4ATTITUCF., NBPI "¢OP.K; I Iq~2 PA~h4~TAND, I~IINE HIAI<,IN~ ~ ~INE TA~TIN® EDI~IARD 1/I. HARBE~ III At Haf. tlf;uck, Town oF ~,oul:hold, 5u~'olk Gounf,~, New ¥o~k I000 H2 I "L~, ,OB 56 86 56 46 / / +56.60 +5670 +57,75 I 57,04 +5822 +5627 + 58,47 4' DIA. 5TOP. M 5EI, N~R MANHOLE NT5 +5691 + 58,72 ,,'/ 57,37 + +5791 +57.36 + 56, DP. AINA6E DESIGN G~,ITE~IA ~ CALd, ULATION5 TI~IBUTA~.¥ AI~.EA ~J v = A ~ ~ LEAOHIN~ FIELI2 NO,D R = RAINFALL (FTJ +58.11 +58.87 + 58,65 + 58.98 ,87 4,5' +57.50 +5¸ +57,77 LAWN ":' OOOOOOOO · ' 00000000 00000000 :"~ 00000000 ",' 0000000 ""' 00000000 , ,' 00000000 d, ATC, H BASIN 2' x 4' PLUOH e~P. ATE NT5 +57,61 +57,40 LAWN +57,§9 + 57,35 Dt=~AINA~E DESIGN G~.ITE~IA ~ ~,ALd, ULATION5 T'~.IBUTAt~.¥ AIREA #2 V - A R C A = AREA, OF T~IDUTAR.¥ LEAC, HIN~ FIELD NO.2 R = RAINFALL ~=T.) +58,22 BLDg. NO3 BLDO, NO.2 NE~ ~INE TASTIN& t~,OOH NO.2 77 57.70 58.07 BLD6. NO.~ DR.~.INA¢E DESI6N Gt~,I I t::RIA $ d, ALC. ULATION5 I'I~IBUTA~.¥ At~EA #1 v = A ~ c LEA(~HINO FIELD NO.I R = ~INFALL (FTJ 57.62 + - 57,65 J 57.~2 57,31 PARMSTAND NO.~ lED 58.72 + BI.D~. NO.IO ~ PIINE TASTIN~ \ ROOM NO.I ~ 9 FA~H~TAND OPPIG~= .."' ........ +5833 + ~. 15 / 5TONE DLEND PAVEMENT 5E~,TION NT5 +57,89 +57.75 +57.70 ¢..,ONQ~ETE HEADER I, NITH 51DEI, qALK. DETAIL NT5 +57,51 LEAGHIN¢ POOL, LEAC, HIN~ OAT~H BASIN OP. DIFFUSION ~NELL NT5 Yo~r~g & Young EN~INEEt~.'O 6,EP. TIFICATION 5URVEYOf~.'5 GER. TIPIOATION lo00 Il2 I '7.& Oount~ Tox Plop DTmtrlct lO00 section 120 Block I Lot 4 I tRADIN $ DI ,AINA E PLAN j + 55,41 +55.22 +56,10 +56.42 +55~91 +58.27 +56,32 +56.14 +56.45 +56 57 +54.75 54O2 +56.37 ~% '.. +,q'58 ~ +55,53 + 55,88 TEST HOLE / + 55,14 56 88 +55,81 +57,12 / / +57,91 + 56,32 +5548 + 55,74 +58.65 LAWN +57~4 '- OCT 2 8 2oog ~8~/CUl~/~ "... Young & Young 400 Ostra~der Ave~e, R{verhead~ New York TEST HOLE DATA ENGINEER'5 GEt~,TIPIGATION ~URVEYo~'5 ~E~,TIFIGATION ~=D~AF~D ~, HARBE5 III P.O. BOX 1524 MATTITUd, K, Nt~ "O~.K Iiq52 FARIviSTAND, ~INE IHAKIN® J~INE TASTIN~ EDI~IAf~D Yl. HAI~,t~E5 Ill A~ t,,tclLt:lf, uck, Tomn oF 5out;hold, 5uM'olk d. oun~:~, Ne~ York Iooo 112 I ~oun'¢9 T~x i'4~p m.~.~ IOOO s.,~ro~ 120 mo¢~ I Lot (SP. ADIN¢ ~t DI~AINACE PLAN 4 PLANT ~,OTANIOAL NAME OOHHONNAHE SIZE J ROOT ~D 0 NOTES, NT5 UpL BL~'. NO.~ PIINE HAKIN~ IeAGILITY BLD~,. NO.2 NEW JqlNE TASTIN¢ I~:;~M NO.2 O ~" ,,,% ,,,,,¢4.~? BL~. NO.5 UL#I 4.5' LAWN NOTEG. BLDg. NO.~, LAWN BLDg. NO.'/ P.E~OHS ®l BLDe, NO.~ BIp~. NO,q © BL.~& NO.IO WINE TA~TIN~ ROOH NO.I 0 BL~. NO.I FAI~t'45TAND ./ Young & Young 400 Ost~ander Avenue, Riverheo~t, New York 631-727-2303 ENSlNEEf~'5 ~'EP-TIFIC. ATION DU~VEYOP'.'O GEt~TIPIGATION L. P.O. BOX 15.24 MATTITLJ~,t(,, NE!.N "¢OI~..K Iiq52 I Lot 4 ] Iooo (,,oun~;~ Tc~x Hap District I000 sa=rio. 120 Block LAND~C, APE PLAN LP + 58,02 ~.1. ~OVEP~ E/.=58.20 +57.95 (2) LEACHIN® POOL5 ~ IE=51.82 PiPE @ 1.00% O.I. OOVE~ EL.=B8,BO 2' MAX.lf I I % I0.00' 0.8'1' PIPE @ 1.00% IE=~5.1B EL.=5~.50 &" OIA PVO PIPE @ 1.00% IC.I. COYBR 85' 1.2 &" PlA P',/C, PIPE @ 1,00% IE=54.4~ H'¢DRAULIC' PROFILE Of= 5ANITAR'( 5t=Y'~ER ~/ SANITARY 5'r'ETEI,,'I NO. I 2500 raAL. 5EPTIO TANK, G.I. EL.=58.~O 5M~ I,I .I I~IINE MAK. IN@ FAC, ILI'I"Y ELD@. NO.2 NBA I'"IINI~ TA~TIN~, ROOM NO.2 I' MIN. 2' HAX, U=AGHIN@ POOL (BOO 12OO ~AL. 5~PTI~ TAN~. HYDRAULIC, PROFILE OF 5ANITAR'I" 5'r'ETEM NO. 2 + 56.~2 ,14 +5775 57.57 +58,22 + 58,47 POURt~D ¢ONC,Ie. ETE INVER, T +5709 57 37 + +57,36 + 58 BUILDIN~ ~ 57.31 57 62 ~ +57,75 + 57,78 4 5' +57,50 LAWN PLAN + 57,51 I~INE t,4AKIN~ FAC,ILIT'i' +57,47 , / /<. ..-.. ,, / / ,' .... // ~}}... · ,~ ~ // / ' ,," ,/ // Roo~ NO.~ / 5 ~ ~ - / / / // I EL,=~O,4¢ I I ~ I~'1' GOVERI / / / // I t ,.~ - = +~,.~ e ~,~,/' ~ ,/ // / ~ ~ ~ _ ~ / ¢ / // 14" ~* ~¢ o~, ~ ~ ~ --.. r / ///X ~ +~ - x,/X . // ¢~ASE NOB ~ ~ "'-.. / 2 /// X x ~m;~ :% x , / ,-/~ / ,//'~ ,," ~ / TA¢TIN¢ I~.-~n¢ I ~ J L' - .... ' ~OOH NO,I ,__ ~ i _ 2009 5ANITAR'r' 5EI, NER MANHOLE NTB BUILDIN~ C, ONNEC,TION NT~ HYDRAULIC, PROFILE ~REASE TRAP NO.I HYDRAULIC, PROFILE ~I~.EASE q t,<.AP NO.2 p- Young & Young 11901 TEST HOLE DATA 5ANITAR'r' DEEICN C,RITERIA ~ C,ALC,ULATION5 DI~I~ITT' C.,ALCULATION DEBIE~N GALGULATION5 = SANITARY ~,Y',~TEH NO, I TOTAL I000 112 r ~.& Oount~ Tox Mop District lO00 S,cUo, 120 ~tock I Lot 4 INATE~ 5UPPL'r' $ 5EI, NA~E DISPOSAL PLAN +56fll / 57,57 +57.04 +57.75 +5 58.87 + 57~95 g6 +58,65 + 58,67 + 58,65 +58,24 57.57 + +57.50 LAWN +57,79 +57,77 +5837 §8.B0 + +58,99 ~ NX 59.~5 + \ +6 .( ,10 + 5B,93 +57.3B +57.34 + 57,40 + 58,51 +57.6g N N +58,92 +5881 ~%~, 0,%%. LAg~q + 58 28 / / +57.63 57.75 + + 58,20 +5759 +57.44 + 57.35 58 33 +5721 / / / / 55 69 N N N //58.71 + 58,22 / 5s.39 58,76 + / / / / / ,5 O5 I I I I~. LAWN 57,70 / / / / / / / / \ / O xx / ',, / / / N 795 +57.81 / / 57.92 +57.70 + 57,76 + 58,01 +57.75 +57,51 +56.66 +58,58 Young & Young 51TE DATA TOTAL A~J~A = 15.6I F~TAINE~ A~A = '7.~, EN~INEEP.'5 GEP. TIFI~,ATION 5U~V~'r'oR'5 C'ERTIFIGATION O~NER EDPIAI~.P ~. HAt~.BE¢ III P.O. E~OX 1524 i'4ATTITUC.K, NEI',I 'r'o~,< li~52 FA~NISTANP, J~INE MAKIN~ J~INE TASTIN¢ EDI, NAFRP I,'N. HAt,BE5 III At: 1'4,:sl:l:ll:uck, Teton o¢ 5oul:holcl, IOOO 112 I -L~ EXIOTIN~, CONDITION5 HAPJ +55.41 +5538 TEST HOLE DATA, +5642 +5633 +56,45 +56,57 +5637 / / 1 / +54,75 TEST HOLE +55.1B +5545 +56,32 +56.27 56.51 + GRATE 54.97 ~'~ +5580 + 55,53 \j +55,29 +55,14 +55.28 +5637 + 55,74 +55,69 +5626 +56,67 +56.50 +5775 +5811 \ + 58.66 + 56,70 + 55 21 +57.75 +ss~. + 57,09 57.57 + + 58,47 +57,89 / / GRATE ~ 57.00 +5%36 / +SB0 LAWN +5779 +5777 + 58,11 + 58,70 .10 % +57.34 +57.40 OCT 28 20O9 +57'69 / 5B.14 I / +58,51 Young & Yo'~g 51TE DATA TOTAL. APdA = 15.bi R~STAIN~D Af~EA = U.~ EN~INEEP.'5 GERTIFIC. ATION E~P. VE'r'oR,'5 GtEP. TIFIC. ATION 4 =XISTIN GONDITION5 HAP ] JUL. 5o, 2007 EC,2