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1000-85.-3-11.3 & 11.4 (2)
MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan~town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro~Vtown.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hu]se(o~town.southold.ny.us SCOTT A. RUSSELL Supervisor Town H~lAnnex, 54375 Route 25 P.O. Box 1179 Southold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD To: From: Date: Subject: MEMORANDUM Ms. Heather Lanza, Planning Director Jennifer Andaloro, Assistant Town Attorney March 4, 2011 Raphael Vineyards/Site Plan Application ~AR - 7 2011 Attached please find the State Liquor Authority's response to the Town's FOIL request regarding the above-referenced winery for the Planning Board's review. JA/Ik Enclosure · FW: FOIL REQUEST Page 1 of 3 Krauza, Lynne From: Sent: To: Subject: abc.sm.foil [abcfoil@abc.state.ny.us] Monday, February 07, 2011 11:34 AM Krauza, Lynne [POSSIBLE SPAM] - RE: FOIL REQUEST Attachments: foilscan_l .PDF Pertaining to your FOIL request please see the information attached. If you have any questions please feel eree to contact me anytime via email (kthompson~abc.state.ny.us). Thank you. Kashif~ A. Thompson Public Information O~icer NYS Liquor Authority 80 S. Swan Street Albany, NY 12210 kthompson~abc.state.ny.us (518) 486-4701 From: Krauza, Lynne [mailto:lynne.krauza@town.southold.ny.us] Sent: Monday, February 07, 2011 10:51 AM To: abc.sm.foil Cc: Andalom, Jennifer; Finnegan, Martin Sebject: FW: FOIL REQUEST Hi Mr. Thompson, As we discussed, here is our email FOIL request, previously sent on 1/5/11. Kindly acknowledge receipt of this FOIL at your first opportunity. Thank you for your attention. Lynne Krauza Secretary to the Town Attorney Town of Southold (631) 765-1939 From: Andaloro, Jennifer Sent: Monday, February 07, 2011 10:37 To: Krauza, Lynne Subject: FW: FOIL REQUEST 2/7/2011 · FW: FOIL REQUEST Page 2 of 3 Jennifer Andaloro Assistant Town Attorney Town of Southold 54375 Route 25 (Main Road) P.O. Box 1179 Southold, NY 11971-0959 Office: (631) 765-1939 Fax: (631) 765-6639 ATTORNEY-CLIENT COMMUNICATION; ATTORNEY WORK PRODUCT; INTER/INTRA AGENCY COMMUNICATION; NOT SUBJECT TO FREEDOM OF INFORMATION LAW DISCLOSURE; DO NOT FORWARD WITHOUT PERMISSION Note: Service of legal documents is not permitted via electronic mail or fax. The information contained in this electronic message and any attachments to this message are intended for the exclusive use of the addressee(s) and may contain information that is privileged, confidential and exempt from disclosure under applicable law. Unintended transmission shall not constitute a waiver of the attorney/client privilege or any other privilege. This e-mail message may not be forwarded to any addressee outside of the Town of Southold intranet without the prior written consent of the Town of Southold. If the reader of this message is not the intended recipient, you are hereby notified that any review, retransmission, conversion to hard copy, copying, reproduction, circulation, publication, dissemination or other use of, or taking of any action, or omission to take action, in reliance upon this communication by persons or entities other than the intended recipient is strictly prohibited. If you have received this communication in error, please (i) notify us immediately by telephone at 631-765-1939, (ii) return the original message and all copies to us at the address above via the U.S. Postal Service, and (iii) delete the message and any material attached thereto from any computer, disk drive, diskette, or other storage device or media. From: Andaloro, 3ennifer Sent: Wednesday, 3anua~/05, 2011 11:28 AM To: 'FOIL@abc.state.ny.us' Cc: Finnegan, Martin; Krauza, Lynne Sebject: FOIL REQUEST Dear Records Access Officer: (1) Please email the following records if possible: Any and all documents involving the premises known as J. Petrocelli Wine Cellars, LLC (trade name "Raphael") located at 39390 Main Road (Indian Neck Road/Skunk Lane), Peconic, NY 11958, Suffolk County, including but 2/7/2011 · FW: FOIL REQUEST Page 3 of 3 not limited all license applications to the State Liquor Authority, licenses granted by the State Liquor Authority, and any violations issued or pending against the named establishment. This request includes any and all documents associated with License Serial Nos. 1175597 and 1045818. (2) If a portion of the above records referenced in (1) immediately above are not available via e-mail, please inform me by email of the portions that can be emailed and advise me of cost of reproducing the remainder of the records requested ($0.25 per page or actual cost of reproduction) and the cost of mailing same. (3) If the requested records cannot be emailed to me due to the volume of records identified in response to my request, please advise me of the actual cost of copying all records onto a CD or floppy disk. (4) If my request is too broad or does not reasonably describe the records, please contact me via email so that I may cladfy my request, and when appropriate inform me of the manner in which records are filed, retrieved or generated. if it is necessary to modify my request, and an email response is not preferred, please contact me at the number below. If for any reason any portion of my request is denied, please inform me of the reasons for the denial in writing and provide the name, address and email address of the person or body to whom an appeal should be directed. Jennifer Andaloro Assistant Town Attorney Town of Southold 54375 Route 25 (Main Road) P.O. Box 1179 Southold, NY 11971-0959 Office: (631) 765-1939 Fax: (631) 765-6639 ATTORNEY-CLIENT COMMUNICATION; ATTORNEY WORK PRODUCT; INTER/INTRA AGENCY COMMUNICATION; NOT SUBJECT TO FREEDOM OF INFORMATION LAW DISCLOSURE; DO NOT FORWARD WITHOUT PERMISSION Note: Service of legal documents is not permitted via electronic mail or fax The information contained in this electronic message and any atrachn~nts to this message are intended for the exclosive use of the addressee(s) and may contain informalion that is privileged, confidential and exempt from disclosure under applicable law Unintended transmission shall not constitute a waiver of the atr?rney/cficnt privilege or any other privilege This e-mail message may not be forwarded to any addressee outside of the Town of Southold inttanet without the prior written consent of the Town of Southold If tbe reader of this message is not the thtended recipienL you are hereby notified that any review, retransmission, conversion to hard copy, copying, reproduction, circulation, publication, dissemination or other use of, or taking of any action, or omission to take action, in reliance upon this ~ommunication by peesons or entities other than the intended recipient is strictly prohibited. If you have received this communication in error, please (i) not/fy os ~mmethately by telephone at 631-765-1939, (ii) return the original message and ail copies to us at the address above via the U.S, Postal Service, and (iii) delete the message and any material attached thereto from any computer, disk thSve, diskette, or other storage device or media. 2/7/2011 SECTION A APPLICATION FOR ALCOHOLIC BEVERAGE CONTROL RETAIL LICENSE 1. APPLICANT T~ade name (O~A): Cib/. State. Zip 2. CONTACT 5. 6. 7a. Federal Tax Identification Number: For SEASONAL license only - beginning & ending months: LICENSE CLASS · Check Number of ADDITIONAL BARS (if any): [--~(one) TOTAL PAYMENT DUE: $ ~' (~ 0 ~". O O CODE: (~vo) 7b. Worker's Compensation/Disability Benefits Policy Number: [OFFICE USE ONLY] RECEIVED NYS LIQUOR AU FHORIT¥ Section A Are there any local option restrictions In this area (Dry, Partially Dry)? [] Yes ~i~ No If YES. explain: 9. TO BE FILLED IN ONLY BY INDIVIDUAL OR PARTNERS Name of JndlviduaJ/Partner Residence Citizenship Date of Birth Statutory Disqualification: Identify and explain as described on page II of Instructions. 10. TO BE FILLED IN ONLY BY CORPORATION OR LLCILLP APPLICANTS State ur~der what law applicant was oq~anlzed Date of organization: SUBMIT COPY OF FILING RECEIPT If apphcant )s a to,sign entity, has a Cedi~ca~e of Authority been obtained to do business in this state~ tf YES. date of cerlific, ate: [] YES Mailir~g address if different from prsmi~ ad~lrass: f- ~sl names ami address of Principals (Stockholders. Officers, Directors, LLC Members/Managers. LLP Partners). Attach additional sheets if necessa~. Statutory Disqualification: Identify and explain as described on page ti of Instructions, 11. RIGHT TO PREMISEs a By what righ! </oas Ihe aPpl*cant have POS~eSaJon of ~ Section A ~ O~er (ex~l~n). ~ S~Lease ~ ~ C°ntr~t to e~u~e the met pr~ 12. INTERESTED PARTIEs , ~,ov,ae ~ei~ on an a~ ~d on Adelre~ lhe app~cant or ~f- --~ ~ officers, d~recto~-$ ~ ~r~nership. any ot he art in cl.~',_~..n; or OW~ers/~p of an~ ~2~,~- °Wnershe, inter/ock ~,-~,~u.reo or sol(~ at -3- '¥¥$ LIQUORAIJTHo~,i~I ::1 l IoI®~SI~ 518422.23~ ~ ~ EXCISE BOND UNDERWRITERS 1,5 MALDEN LANE. SUITE 8~O · NEW YORK. N.¥.10038 80NO ~ SUPPORT 0t: APPLICATION FOR L~;EJqSE OR FER'd(T UNOER T'HE NEW YORK ALCO~L~ BEVE~F ~NT~ L~ BOND NUMBER In the Coun~ Of Stale of NEW YORP~ as PrllX:lpal. dlld having an off~ce and us~:al p/ace 0! business at SECTION C 500 FOOT RULE STATEMENT Applicants for on premises licenses must complete Section C, (Not required for on premises beer or wine application) In the public interest, the provisions of Section 64.7 and 64-a.7 of the ABC Law require the Authority to consult with the municipality or community board prior to granting a license for ANY (;~N-PREMISES I,.IQUOR LICENSE for any premises within five hundred feet of three or mom similarly licensed promises. The Authority is further required to conduct a public hearing, upon notice to the applicant and the municipality or the community board. The proposed premises: Check the appropriate box Premises is not within a 500 foot radius of three or more establishments selling liquor for on-premises consumption. Premises is within a 500 foot radius of three or more establishments selling liquor for on-premises consumption. If so, you must complete the written statement below, unless the premises has been continuously licensed on or prior to November 1, 1993. IMPORTANT: if premises il within a 500 foot radius of 3 or more on-premise liquor licenses and have not been continuously licensed since t111/93 you must, SUBMIT A WRITrEN STATEMENT EXPLAINING IN DETAI~. WHY YOU BELII~/E ISSUANCE OF THiS LICENSE WOULD BE IN THE PUBLIC INTEREt~ 1. -5- STATEMENT OF AREA PLAN SECTION D ,X Applicants for on premises and liquor store licenses must complete Sect/on D. Are your premises within 200 feet of any ,'-'1 YES [] NO SCHOOL, CHURCH er PLACE OF WORSHIP? It YES. sul~rn~t a BLOCK PLOT DIAGRAM or AREA MAP shOWing the iocetion of any school, churCh m' piece of worship in proximity to yOur applicant pr~m~ses {8',~' x 11"). Ind~cale the d~tance in feet lrom the propose¢l premises Atfach aclclifional sheets ~f necessary. Name of cllurChlscl~OOl: Address: Distance: Name of church/school; Address: Distance: 3. Name of church/school: Address: Distance: SECTION E LANDLORD IDENTIFICATION INFORMATION 1 2. 3. Name of Landlord: Landlord address: Landlord's telephone number: Landlord Principals: Name Address 5(a) (b) Are any persons listed on this form currently or previously Licensed under the ABC Law? If YES, list names a~d license numbers; SECTION F NOTIFICATION RIDER TO NEW APPLICATIONS Applicants for on premises licehses must complete Section F. NOTICE TO MUNICIPALITY/COMMUNITY BOARD Thirty days before submitting an application to the New York State Liquor Authority, you (the applicant) are required (by the Alcoholic Beverage Control Law, Section ~4, subdivision 2a) to notify, in writing, the cletf; of the village; town; city; or ~he local community board in New York City; where your premise is located and your intent to ~s your application with the NYS Liquor Authority. Notification must be sent by Certified Mail, return receipt requested. The original receipt and copy of your Notification to the Municipality/Community Board MUST accompany your application. ~ In New York City, notification is required for ALL on premises (beer. wine & liquor) applications. Notification is to be sent to Ihe community board with jurisdiction over the area in which the premises is located. ~ Outside New York City only on premise liquor applicants are required to notify the clerk of the city, town or vitlage of the jurisdiction. NOTE: APPLICATIONS CANNOT BE ACCEPTED IF THIS NOTIFICATION HAS NOT BEEN MACE AT LEAST 30 DAYS PRIOR TO FLUNG. CERTIFICATION RIDER TO APPLICATIONS I hereby certify that on the ~ Cayot J~.j:~'~,r¥ .20 C,; ~., I have corn~eci with the requirements o~ Secbon 64 2(a} of the Alcoholic ~everage Control Law, and sent notification [] City Or, in New York City. t~e Cler~ of Commun,ty Board ft Borough of Signature Name ot applmant /'¸7 Premises street address Date C~y. ~ale, Zi~ PHONE LISTINGS FOR NEW YORK CITY APPLICANTS If you are unsure of which community board serves the area in which your premases are I~cated, cell the number ~isted below for the office of your Borough PresidenL Manhattan Bronx Queens Staten Island Brooklyn 212-669-8300 71B-890-3500 718-286-2900 718-816-2200 718-802-3700 -7- ~OUTHOLD MPO SOUTHOLO. NY 11971-1000 02/09/06 02:38~ ~ore USP$ Trans 91 ~kstn sysSO01 Cashier KW2JC4 Cashier's Name RUSSELL Stock Unit Id #INDRUSSELL ~ p~ Nu~r 8~-ASK-USPS USPS ~ 35~3~1 1. F~rst Cless 4,54 ~e~t: 0.80 oz. P~ T~e: Total Cos~: 4,54 Base ~te: 0.~ s vI~ s Certffi~Ma,~ 700511~000286511513 Etn Remt (Grin Card) Subtotal Tot~l C~h Number of Item~ Sold: 1 Please co~e agam! 2,40 1 4.64 4.64 5,00 0.36 February 9, 2006 Certified Mail/Return Receipt Requested Town of Southold Town Clerk Elizabeth Neville PO Box 1179 Southold, New York 1~97t-1179 Re: Intent to file application with NYS Liquor Authority Tax/Lot/Block: 85.-3-1~.4 Dear Mrs. Neville, As required by New York State Law this is our notice of our intent to file an application with the New York State Liquor Authority to permit on premise consumption of alcoholic beverages at private events. Please call my daughter Julia Petrocelli-Vergari or myself with any questions at (631)765-tloo. Thank you for your time and consideration. Sincerely, ..-~ STATE OF NEW YORK LICENSING SERVICES DIVISION OF ALCOHOLIC BEVERAGE CONTROL DATE: ~/z ~/c TO: COMMUNITY BOARD/MUNICIPALITY: fe~t.4~/,g ~/)' liT?! Please be advised that on license application was filed wilh the Slate Liquor Authority for the following premises. Applicant's Name: Premises Address: Attached please find a copy of the notice which the applicant sent to your Community Board/Municipality advising you of the filing or,his application. This was done in compliance with the 1993 amendments to Subdivision 7 of Sec6om 64 and 64A of ~e Alcoholic Beverage Control Law that require thc Authority to consult with local officials. The Aulhority is mandated by this statute to provide lhe Community BoardfMunicipalily an opportunity to present infon~ation relevant to this application. Testimony must take the form of a written submission from om individual duly authorized to r~present your Board/Municipality in an official capacity. The Authority is obligated to process applications in a timely mann~ and therefore advises you to lake prompt action to determine what your official position will be on rigs application and communicate it as soon as possible. The official position of Ibe Community Board/Municipality must he in writing and reflect the decision ora majority of the members present and entitled to vote during the presence ora quorum. Thank you for your attention to this matter. Sincerely, ~. ~4~ Fred I. e Deputy Commissioner Licensing Services FORM t,D2 ( RE;~sE.n l~oa) . , ESTABLISHMENT QUESTIONNAIRE SECTION G Ail applicants must complete Section G. 1. NEIGHBORHOOD: Type of neighborhood: 2. PREMISES (exterior): a. Type of building and number of lioors: (Example: Detached, mul~ unit. shopping mall, etc ) b. Hes premises been known by any other edoress? If YES. please specify: c Has presses been previously licensed for the sale alcoholic beverages? What was prior use of premfses Any outs~e area o~ sidewalk cafe used for the sale or consumption of alcoholic beverages? (includes roof & yard) If YES, descdbe and show on diagrem: f, If applying for ar] on-premises license does premises have a valid CERTIFICATE OF OCCUPANCY and ALL appropriate permits? SUBMIT A COPY OF THE CERTIFICATE OF OCCUPANCY OR A LETTER FROM MUNICIPALITY STATING NONE IS NEEDED, g. Are the premises to be lic~sed divided in any way, by a public or private passageway, etc, ever which the applicant does not have exclusive possession and control~ [f YES, descr)be: [] YES 3. PREMISES (interior): a. On what floor(s) are the premises to be located; How many rocen(e) on each floor? b Use of rooms? c if more than one floor, what is the access between lioors? d How many balhrooms? J O e. Localion of bathrooms? (include on dzagram) Establishment Questionnaire f What is lhe maximum number of persons that can legally occupy the promises? Number of tables? h. Number of seats at tables? is the interior view unobsb'ucted lhroughnut~ If ~ot, state reason: Secti ,o,n (3 / ~o /2- j. Any openings to other parts of the building? If YES, describe: [] YES ~ NO YEs 4. BARS: a How many 'stand-up bars are located on the premises? b. How many *service bars'? c Describe all bars (length, shape and location): d Any food counters? If YES, describe: 'See nstructions, page I1 for defini~ioi~ of stand-up and Service barn. KITCHEN: b. Js food available for sale? 6. HOTEL: a Ty ,of,ote,:t b, I$ there a restaurant in the building(si housir~g the proposed hotel? c. How many floors? d. How many rooms? e. How many mini bars? ~YES [] NO [] YES .~ NO Transient [] Apa~lmen! Summer [] YES [~ NO .g_ SECTION H PROPOSED METHOD OF OPERATION AH applican ts for s license to sell alcoholic beverages must complete Section H. 1. What type of establishment Will this be'~ (La.. restaurant, tavern, disco, etc ) 2. Will premises have rnusLc? ~'/YES [] NO IfYES, whattypeofmusic?Explainindetail: ~"~('~/,"/5 .~"~ ,~e-'"-~,l /~o /~, E_v'¢~ ~f / v 3. Will premises permit dancing? 3a If Y ES, describe: ~ £ t ¥~'"/.~ YES [] NO 4 Whet are the proposed days/~ours of ope~alion? (Specify days and hours each day) Will the business employ a manager'~ If YES, see question 6. Name(s) o/manager(s)? (Manager(s) MUST complete a personal questionnaire Pdor to employment ) [] NO 7 How many employees? Will there be security personnel? (If YES, how many?) 9. Will applicant engage in internet sate of alcoholic beverages? If YES~ describe: ~ ¥E$ [] Y~S [] NO -I0- b lL.b F"oLCO NOTIFICATION OF PUBLICATION Applicants for on.premises ficenses must complete Section I. Effective Augusl 22, 1999, a~ eoplicants for licenses for on-premises consumplion must publish a NOTICE ia a newspaper, designa{ed by ( ~,~ / "'~erk. o~nce a week for two successive w~ek~' as hereinafter provk:led If Ihe proposed premi ~'~.~ NOTICE shall be publi -~, if lhe proposed p/em be published in one The NOTICE shall be Notice is hereby ~.lhe case ma, a_~he case mp ~s_the case rn vilfa~oe and co; The I~rsl publica/;~ (' i copies of proof of publicau,...'~ '~'.' ,.~ "*' · second original shall be retained by license unless proof of publication is subm.... shall be as follows: ~*her Ihan New York. Kings, Queens, or Bronx, -",un~ where Ihe premises are located. · Queens or Bronx, the NOTICE shall ,~unty where the premises are located for (~o.r ~nd/or wme. ~/car, or plher type o[_~tab/ishrnent, .t (~/ in street address, c~ty, town or sos consumption .~pplication Applicant shall obtain two original totheAuthodtywilhin 15days of receipt The use shown, the Authority shall not issue the 5 day period The form of proof of publication STATE OF NF'W YORK COUNTY OF ...... being duly sworn, says lhat (s)he is ol the publishers of the · a (daily) or (weekty) newspaper (pnnted and) published in the (c~ly, town. or village an(~ courtly) --- , a nd thai Ih e nohce of which the annexed ~s a true copy, has been Published in said newspaper for once a week for two success~v~ weeks commencing on ~he clay of Sworn Io before me th~s ..... day ol -II- SEC'I'I~=~O APPLICANT'S STATEMENT Any answer or statement, which is false, made by the applicant may constitute perjury and may subject any permit or license issued hereunder to revocation or cancellatk)n the applicant. (sole pm~)rietor, partner, corporate principal or LLC/LLP member) for an Alcoholic Beverage Control Retail License understand that the New York State Liquor Authority will rely on each and every answer in the application and accompanying papers in reaching their determination and state, under ~enalty of perjury, that all statements therein are true to the best ol my knowledge and belief. t further state that the location and description of the premises to be ~icensed does not violate any requirement of the ABC Law or local ordinances, I verify if any change occurs prior to the receipt ol the license. I will notify the Authority by registered or certified mail within 48 hours or if change occurs after receipl of the license. I wilt notify the Authority similarly within 10 days. I understand that failure to give the required notice will violate the Alcoholic Beverage Control Law and may result in disapproval of your application, or revocation of the license. Oate .20 - 5. Pelrocelli Wine Cellars dba Raphael 39390 Main Road PO Box 17 Peconic, Ny 11958 .t. Pelrocelli Wine Cellars dba P~aphael 39390 Main Road Po Box 17 Peeonic, N~ ~ 1958 J. Petroce[li Wine Cellars dba Raphael 39390 Main Road PO Box 17 Peconic, NY 11958 PJm-~e T:kzn 2/5/2nn6 - J. Petrocelli Wine Cellars dba Raphael 39390 Main Road PO Box 17 Peconic, NY 11958 J. Petrocelli Wine Cellars dba Raphael 39390 Main Road PO Box 17 Peeonic, NY 119.58 Pk;..~ T.~zn 2/~/2006 AND ~;'1 i: I m Pf.~lflOCELL,~ ~IINEI L;ELL:%RS, LL.C RV,[L;L CXIMF'.~NY : [,OL/~Y ~TTUP, NE¥S ~ERVI:I;[L CL)UN I'"F: ',:,LIF CODE: 0 ..... 0/~ 9t ~[~; I:lt.~Nh IIO~ gN ~SSOCI~'TL~ F'U~~.NI. 1141: NLUUI.~PI-R~ 1N gDN'I'ACT THE RESF:'Eg FIVE ilh'l r'( CLEt~K FOR F'LJP, 1NER INFORMAT ION. I. tic. f'.[LER RUI'H :", DENNEHEY L;IJ;L~J¥ ¢~F'I'DRI'tE:YS SERVIL;£ £:0., I 0 ;" ~$i,ilNI;FON AVENUE F'r~YHI- NTS E,qSH CHECI(' L;ILLED REFUND N. y. S. DEPARTMENT OF STATE DIVISION OF CORPORATIONS ALBANY, NY 12231-0001 .... ~ ....... ---= ....... FILING RECEIPT ENTfTY NAME : j. PETROCEI,LI WINE CELLARS, LLC DOCUMENT TYPE : ASSUMED NAME I,TD LIABILITY CO SERVICE COMPANy : COLBY ATTORNEYS SERVICE COMPANY CODE: 08 FILED: 08/14/2003 CASH~: 111127 FILM#: C335299-2 PRINCIPAL LOCATION 39390 MAIN ROAD PECONIC NY 11958 COMMENT: ASSUMED NAME RAPHAEL VINEYARDS FEES 60.00 PAYMENTS: 60.00 WICK~, BRESSLER, GORDON & GEASA, P.O. BOX 1424 10315 MAIN ROAD MATTITUCK ' FILING * COUNTY * COPIEs * MISC * HANDLE 25.00 CASH : .00 CHECK :00060.00 10.00 C CARD 25.00 NY 11952 · REFUND: DO3HD104 ......... = .... DOS-281 (8/98) FORM NO. 4 TOWN OF SOUTS0LD BUIhDING DEPARTMENT Office of the Building Inspector ~own Hall Southold, CERTIFICATE OF OCCUPANCY No: Z-28239 Date: 02/28/02 THIS CERTIFI~ that the building WINERY ~ocatlon of ~:rty: 39390 MAIS RD PECONiC (HOUSE NO.) (STREET) (~AMLET) S~ivision Filed ~p No. ~t No. -- conforms substantially [o the Application for Building Permit heretofore ffl~ is this ~ffice ~ted JULY 5, 200~ pursuit to which was issue, and conforms to all of the requirements of the applicable provisions of the law. The occupancy for wkich this certificate is issued The certificate is issued to It~.PHAEL VINEYARDS !NC__ (O~R) of the aforesaid building. SUFFOLK CO~NTY DEPARTMENT OF HEALTH APPROVAL CiO 98-0008 08/3i/01 ELECTRICAL CERTIFICATH NO. N564662 07120/01 Rev. 1/81 T(SWN OF SOUTHOLD BUILDING DEPARTMENT TOWN HALL .... ' 'ION FOR CERTIFICATE OF OCCUPANCY This application must be filled in by typewriter or ink and submilt~ to Ihe Building Department with the following: A, For new building or new use: 1. Finnl surVeY of property with accuralc I°~ti°n Of all buildings' pr°p~rty lines' streets' and unusual natural or Iopogr~pldc f~tures. * ' 9 2. Final Appro~l f~m ll~llh I)cpt. ofwat~' supply and s~ragc-d~osal tS- fo~) 3. Approval of el~tn~l ioslallation from Board of F~c Und~fi~s' . % 4. gwom stal~enl from plumb~ c~ifyi~ thai II~ solder us~ iu sys~m ~nm~m l~s t~ 2/10 of I I~d. 5. Co~ifl ~itding,ind~al buildit~' ~nultiple r~iden~ ~d si~l~ build~ and inslfllati°~' a co-iff of C~e Compltm~ce ~om ~t~t or mg~ ~pm~ible for ~e building. 6. Submit plm~ Board ~pmvnl of co~let~ site PI~ r~ui~' B. For e~flug b~gs Wflor 1o ~r~ 9, 195~ uo~onfo~ uses, or bu~dl~s and ~pr~' hnd u · 1. ~te s~ey o~ p~flY show~ all p~y Im~ ~, b~ldm~ and ~1 n~l or to~P~ 2. A ~Fo~JY ~l~[et~ application ~fl a ~fls~ to i~F~t st~ by ~e ~ph~t. i8 de~ thc Buildi~ l~qp~tor shall ~ate fl~o ~sons Ihcrcfor ~ ~t~ to thc ~pli~nt. C. iF.eeScedifi~ate of Occupanoy. New dw¢illng $25.00, Additton.s to dwellm~ $25.00, Ail orations to dweUing $25 ~wlmmlng pool $25.00, Accessory b~lding $25.00, Addilio~ to accessory building $25.00, Businesses $5(~ 2. C,e~ific. ate of Occupancy on ps,-existing Building - $100.00 3. photocopy of Ce~iflcate of Occuptmoy - $ 0.25 4. Updated Certificate of Occupancy - $.50.00 5. TemporaryCertific~te of Occupancy - Residential $lS.00, Commeveinl $1.5.00 Dnle. Feb ~t'l,!~.Y_ 28. 2002 New C4msLmotion: X Old or Pre-existing Building: (check one) Peconjc LocationofPropcdy: 39390 Fain Road lis. rider Houso NO. Street Ov~er or Ownc~s of Property: __ Raphae I Vineyards_ Suffolk County Tax Map No 1000, See. rio, 85 __ Block Filed Map Subdivision Permit Nl,. 27452~Z ..... Date of Pcrrr~t ....... Appl cant: Hoalth Dept. Approval: ............... LJndcrwritcrs Approval: Pla~t~fing Board Apprcvah Rcquesl lot': 'Fen~orary t 'cJ~il]caic ......... ' I"i~al ('ef~.iikatc; X (check oxic} Fee Stlbmittod: $ 5_O.O_0 . _ __ Lot_~ ] .4 ~_ _ Lnt: ..... Certificate of Authorily ~.:)TF-I? C (3,~7) AFFIDAVIT OF PUBLICATION sx^x~ o~ ~w YOP.~ ) ..: Ad# I co,mY o~ sv~ot~ of Newsday, Inc. ("Newsday") being duly sworn, say~ that such'person is, and at the time of publication of the annexed Notice was, a duly authorized custodian of r~cords of Newsday, Inc., the publisher of Newsday. a newspaper published in the Counties of Suffolk, Nassau, Queens, and elsewhere in the State of New York and other places, and that the Notice (a copy of which is annexed h~reto), was published in the following editions/counties o f Newsday, as indicated by the initial in the box: on the following date(s): 5WORN to before me this -~ dayot 0~ 2006 (D w.s: oz7, 2_00 Guy R Wasser .~otary Public, Stat~ of N~ York No. 01WA6045924 %mmisslon Expires 08/07/2006 Qualified in Suffolk County Certificale of Authority ~.3TF-17 C (3/97) FORM NO. 4 TOWN OF SO~RObD BUILDING DEPARTM~T Office of the Building Inspector Town Hall $outhold, N,Y. CERTIFICATE OF OCCUPANCY NO: Z-28239 ~IS ~f,~TIFI~S that t~ ~ild~ng WINERY ~ocatio~ of ~rty: 39390 ~IN RD PECONIC (HOUSE NO.) (STREET) (~LET) C~ty T~p~- 473889 S~ti~ 85 Block ~ ~t 11.4 confo~s substantially to the Application for Building Permit heretofore was issued, and confo~s to all of the retirements of the applicable provisions of th~ law. The occupancy for which this certificate ~s issued Is WINERY AS APPLIED FOR. · he Certificate i~ issued to {O~"NER) of the aforeaaid building. ~UFi~O~ CO~ ~P~ OF ~t APPROVAL C10-98-0008 08/31/01 ~ C~TI~ ~. N564662 07/20/01 PL~ ~FI~TION~T~ 06/~0~ EJT PL~BI~ ./ Au~i zed Signature Rev. 1/81 $ PETROCELLI WINE CELLARS LLC RAPHAEL %P O BOX 17 PECONIC, NY ] ~95S 'RECEIVED MAR 1 NEW SERIAL//: 117559'7 OLD SERIALS: (~ISU~:~"T1175597246 39390. MAIN ROAD PECONIC. NY 11958 ~L QUESTION8 MUST BE ~S~, YE$ NO 3. O 0 TI-IlS CER'RFICATION MUST BE ~NED and DATED by INDIVIDUN. APPLICANT ind F-~,CH MEMBER of A pARTNERSHiP INDIVIDUAL APPUCANT~ AND EACH MEMBER DF A pARTNERSHIP CDMPLETE TH~$ SECTION, TH~J CERTIFICATION TO BE SIGNED AND DATED BY A CORPORATION OR A CLUB CORPORATE OFFICER OR CLUB ALCOHOLIC BEVERAGE CONTROL (A~C) OFFICER COMPLETE THIE SECT]ON aporove~i,~v'~.~A~'~o~,, . CHANGES OR C~RREG~ON~: Note ff phyilcal ~ddre~l of Femlse$ wis changld by Pm OffiG~, City, Town. Village, 911 NOTIFICATION RIDER TO RENEWAL APPLICATION STATE OF NEW YORK · LIQUOR AUTHORITY License Filing fca:. Total fee clue: New effecdve date: New expiration date: 1,194,00 05/01/2008 04130/2010 J PETROCELLI WINE CELLARS LLC RAPHAEL %P O BOX 17 PECONIC, NY 11958 507- 'RECEIVED NAR 1 ' 20lI NEW SERIAL'Y: 1175597 OLD SERIALS: 08ISUFFCT1175597246 39390. MAIN ROAD PECONIC, NY 11958 ALL QUESTIONS MUST BE ANSWERED. if any Cr~angea in fact~ have occurred since the signir~ of the appllcaUon fo' your currenlly hold license Not Applicable APPLICANT UNO~.RSTAND$ THAT ANY CHANC-~ IN AJaY OF THE FACTS REPORTED HERE)N WHJCH OCCURS BETWEEN THE S~=.~NJNG OF THIS APPUCATIQN ANU THE COMMEN CEMENT OF THE I~EW LIC ENEE PERJDD MU~T BE REPORTED TO THE AUTHORITY IN WRITING BY CERTIFIED OR REGISTERED MAIL W~THIN 48 NO~$. ANY CHANGiE OF FACTS OCCURRING AFTER THE COMMENCEMENT OF THE NEW LtCEN'~E PERtOO MUST BE R~PORTEO WITHIN 10 DAYS THE FAILURE TO COMPLY WITH THE FOREGOING IS A GROUND FOR THE REVOCATION, CANCELLATION DR SUSPENSION OF THE LICENSE. THIS CERTIFICATION MUST BE SIGNED and DATED by INDIVIDUAL APPLICANT and EACH MEMBER of A PARTNERSHIP INOIVIDUAL APPLICANTS AND EACH MEMBER OF A PARTNERSHIP COMPLETE THIS SECTION. - ,.o.. ~Signatur6 at licensee (~J) ~ (Home Telephone) THIS CERTIFICATION TO BE SIGNED AND DATED BY A CORPORATION OR A CLUB KNOW AL[ /~EH!B¥ TH{SE PRESENTS, Home of A~llcaet EXCISE BOND UNDERWRITERS 15 MAIDEN LANE, SUITE 800 · NEW YORK, NA( lO038 LIQUOR *' DUPLICATE ORIGINAL BONO EX,RES IN X-B12448--35 APRIL, 2~1~ P~nal Sum o~ Bond 1,0~0. ~0 Plus Costs J. PETROCELLI WINE CELLARS, LLC 80NO II SUP~ORI OF N~PLiG~10N ~0R LIGEI~E OR pERMIr UNOER II~E NEW ~ ALf~HOL~ BONO ~UMBER 0¢-50-23~¢63 3939e MAIN ROAD PO BOX 17 PECONIC NY L1958 In the county of SUFFOLK Stale of NEW YORK as Principal and having an off'ce aM usual place of business al SEABOARD SURETY COMPANY 233 BROADWAY NEW YORK NY ~279 APPLICANT ~IUST SIGN HERE SEABOARD SURETY COMPANY IOVERI FORM ~I BOND IN SUPPORT OF APPLICATION FOR LICENSE OR PERMIT UNDER THE NEW' YORK ALCOHOLIC BEV~.RACiI~ CONTROL LAW March 3, 2008 Certified Mail/Return Receipt Reauested Town of Southold Town Clerk Elizabeth Neville ~ PO Box 1179 ' ' , Southold, New York n971-n79 Re: Intent to. file renewal application with NYS Liquor Authority License # o818UFFCTn75597246/°8~SUFFCrn755989°~ Dear Mrs. Neville, As required by New York State Law this is our notice of our intent to renew with the New York State Liquor Authority to permit on premises consumption of alcoholic beverages at private events only. Please call my daughter Julia Petrocelli-Ver§ari or myself with any questions at (630765-noo. Thank you for your time and comideration. celli Track & Confirm Search Resul~: -*~ LabeL/Receipt Number:. 7006 0100 ~101 4420 4e40 Statue: OMIvemd YOUr item w&8 d~#vef~:l al 12:29 PM on Me,ch 1 O, 2006 in $OUTHOLD. NY 11971. Enter Nofiflcadou Track & Confh'm by emil! Get CU~Tenl eveftl irt~xmat~on or updete~ fo~ your ilem sent to you or o~era by emmi. ~ httpff/trkcnf~n I .smi.uspz.com/PTSInt. ernclWcb/Inter Labcl/nq uiry do -' 3/12/2008 05/01/2008 04/30/2010 J PETROCELLI WINE CELLARS LLC 39390 MAIN ROAD PECONIC NY 11958 FILING FEE - S90.00 LICENSE FEE $ Chairman STATE OF NEW yORK - LIQUOR AUTHORITY Renewal A~olication (Directions for Corn~etlo~ enclosed) 474539 '"'""' $ PETROCELLI WINE CELl. ARS LLC RAPHAEL %P O SOX 17 PECONIC, NY 11958 NEW SERIAL/~; 1175597 OLD SERIALS: 1.01SUFFCTI1~7559'/246 39390 MAIN ROAU PECONIC. NY I ~9~8 METHOD OF OPERATION: DAYS/HOURS OF OPERATION: ADDITIONAL ~N FORMATION: APPROVED METHO0 OF OPERATION ANY CHANGE TO THE APPROVED METHOD OF OPERATION MUST BE APPROVED BY THE AUTROFIrr Y PRIOR TO IMEPLEMTIRO SUCH CHANGE. CONTACT YOUR ZONE OFFICE TO OBT~JN THE APPROPRIATE FORM TO MAKE ANY CHANGES. ALL QUESTIONS MUST SE ANSWEREO~ N~ Applicable THIS CE~IFICA~N MUST BE ~HED in~ DATED by INDMDUAL APP~CA~ and E~ ~MBER ~ A P~NERSHIP ~8 CE~IFgAT~N TO BE S~NED ~ DATED B Y l CORPORATION ~ l CLUB ~oC OR~TE OFFICER OR CLUB ALC~OLIC B~ERAGE CONTEL (~BC) OFRGER COMPLETE TH~ ~CT~N STATE OF NEW YORK - LIQUOR AUTHORITY (Re~,~a~ Ap~icalion) NOTICE TO MUNICIPALITY/COMMUNITY BOARD (ON-PREMISES LICENSEES ONLY) YOU MUST SUBMIT THE NOTICE PROVIDED WITH THIS RENEWAL PACKET TO THE COMMUNITY BOARD OR MUNICIPALITY AND SUBMIT SAME TO THIS OFFICE ALONG WITH THE ORIGINAL OR A CORY OF THE CERTIFIED MA~L CARD DR RECEIPT Bond Form L.9 Prescribed by the New York State Liquor Authority June 3. 1974 IAppJtcatlon Number Bond Number 1609336, KNOW ALL MEN BY THI~SE PRESENTS, :bet we BOND IN SUPPORT OF APPLICATION FOR LICENSE OR PERMIT UNDER THE NEW YORK ALCOHOLIC BEVERAGE CONTROL LAW This bond expires in $ penal Sum of Bond 20,2 t 1000.. Plus Costs Address of PJace of Business In the county of SUf Folk State of New York 11958 , as Principal. and Address of Office er usual Place of Business 10! Seuth Phillips Avenue Sioux Fa s. SD 57 04 ~**-J~r's' '~,s~,l*b ypewr ten or Facsimile signature. Any bond flied with the State Llquor'Authac'fty shall be admissible In ~/~6eJ, b~'~an( pal and surety. Any bond filed with the State Llquer Authority and bearlr'.8 the printed or facsimile name of ....... and bind~n8 ~n tt. ~ts success~rs and ass~gns f~r the am~unt specif~ed ~n Par~ 8 ~ . Subt~tie B ~ T~t~e 9 ~f the --.'' ~J~'' .ton. Cocies. Ru les and ReBu la tlons oft he S tare. IWew y.k (Rule 9 of the Rules. the State Liquor Authorl~'). J Petrocelll Win9 Cellars LLC L.S. ' '~'~1 t~al (Ap~pl*canUL~e n~ee) BY: ~ P. O. BOX 9117 Address,Plainview, NY 11803 pheW516 ) tip," 12 ~o ..11.!.~'7~ .... ~o~h~oe~. ~,.,sr.~ G31~k"/GS,k1991 p. ~ ~ Feb[uaryS, ~o~o ~Retur~.. Town of Southold Town Clerk Elizabeth Neville PO Box 1179 Southold, New York n97x-n79 7008 1140 OOO0 830S 8993 .,..t:-~, _-~_~-.-,'~r~sc.~ ~ ' Re: Intent to file renewal application with NY$ Liquor Authority ~: B5.-3-n.4 Dear Mrs. Neville, As required by New York State Law this is our notice of our intent to file a renew:H a ppllca t/on with the New York State Liquor Authority to permit on premise consumption of c~lcoholic beverages at private events. Please call my daughter Julia Petrocelli-Vergari or myself with any questions at (63~)765-~ ~ oo. Thank you for your time and consideration. Sincerely, John Petrocelli EFFECTIVE DATE: 04/14/2010 EXPIRATION DATE: 04/30/2012 CERTIFICATE #: 778713 METHOD OF OPERATION FILING FEE $90.00 LICENSE FEE $1, 194.00 c~.~ ~. B778713 1175597 RETNL LICENSE J PETROCELLI WINE CELLARS LLC Number of Fingerprint Cards: 0 Business Entity: LLC NAME SSN SHARES OFFICE DOB ADDRESS CITY STATE INACTIVE ZIP H~IPETROCELLI'JOH"~, , '1 iO0 iPRESIDENT 1175597 RETAIL UCENSE J PETROCELLI WINE C ELI../~,RS LLC There Is 1 Associated Record Se~ #.' 1175597 DBA Addreaa: C*ty. State Ph~ne~ BeN~eer~ S#eeta: FERN. Mad Addre&s Ma~ Ad~e~5 C~y State J PEI~OCELLI WINE CELLARS LLC RAPHAEl. Yea~ 2012 Zone I County- SUFF Type CT Class 246 Bond ~mpe,y Name ~S~RN SU~ COMP~ 19~ MNN ROAD A~s~ 101 SO PHILIPS PECONIC ~-"[~ ....... Ci~, State. Z~p SIOUX F~LS ~ 57192 r~631)~85't1~ Ph~ (~0)33t ~ NOIA~ NECK RD/SKUNK LANE Landlord: [JOHN MICHAELPETROCELLI c,~. State Z~p. ,. Phone ~s (Mom): ~ C~ State Z~p: , Pho~' Emai~ ~ Method of Operafions ~"~-:I'AURANT SER¥1NG LIQUORW Days/H~urs of opera,on [ Other ~atertng Fa¢ili~j 1175597 RETAIL LICENSE J PETROCELU WINE CELLARS LLC Received Date: Filing Date: Deposit Date: Board Rec Date: /~ullbd Rec Date: Approved Date: Denied Date: Reconsider Date: Cornp/iance Date: Original Issue Date: Last Issue Date: Lic Eff Date: Lic Exp Date: Date Renewal1: Date Renewal2: 03/20/2006 03/20/2006 04/19/2006 05/08/2006 04/14/2010 05101/2010 04/30/2012 MARTIN D. FINNEGAN TOWN ATTORNEY martin.finnegan@town.southold.ny.us JENNIFER ANDALORO ASSISTANT TOWN ATTORNEY jennifer.andaloro@town.southold.ny.us LORI M. HULSE ASSISTANT TOWN ATTORNEY lori.hulse@town.southold.ny.us SCOTT A. RUSSELL P.O. Box 1179 $outhold, New York 11971-0959 Telephone (631) 765-1939 Facsimile (631) 765-6639 OFFICE OF THE TOWN ATTORNEY TOWN OF SOUTHOLD February 25,2011 Abigail A. Wickham, Esq. Wickham, Bressler, Gordon & Geasa, P.C. P.O. Box 1424 Mattituck, NY 11952 RE: Raphael Vineyards, Inc. - Site Plan Application Consent of Mortgagee/Lienor Dear Ms. Wickham: Enclosed please find the original Consent of Mortgagee/Lienor to the Declaration of Covenants and Restrictions in connection with the referenced matter, which has been executed by Supervisor Russell. If you have any questions regarding the enclosed, please do not hesitate to call me. Thank you for your attention. Very truly yours, Lynne Krauza Secretary to the Town Attorney /Ik Enclosure cc: Ms. Heather Lanza, Planning Director SCHEDULE "B" CONSENT OF MORTGAGEE/LIENOR DECLARANT: RAPHAEL VINEYARDS, INC., fee owner by virtue of deed recorded in Liber 11719 page 642 H.D.REF. NO.: C10-09-0006 Name of Lienor: Town of Southold Deed of Development Rights: Liber No. 11958 20590 page 706 In the matter of the application of RAPHAEL VINEYARDS, INC., the undersigned, as holder of a mortgage or lien on the premises described in Schedule "A" annexed hereto, hereby consents to the annexed covenants and restrictions on said premises. TOWN OF SOU~~ By: STATE OF NEW YORK: COUNTY OF SUFFOLK: On the~t~-day of D~c~..'~, in the year nn~n=~v, before me, the undersigned, a Notary Public in and for said State, personally appeared Sd~rr~%~c~ , personally known to me or proved to me on the basis of satisfactory evidence to the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, or the person upon behalf of which the individual acted, executed the instrument. ' '~ ~tary Public Re/c&rhdconsentDR LINDA J COOPER p ~ NOTARY UBLIC, State of New York NO. 01CO4822563, Suffotk Coun~:y.~ Term Expires December 31, 20.~ DECLARATION OF COVENANTS AND RESTRICTIONS THIS DECLAKATION made this ~0~/day of November, 2010, by RAPHAEL VINEYARDS, INC., a domestic corporation with offices at 100 Comac Street, Ronkonkoma, New York 11779, hereinafter referred to as the DECLARANT, as the owner of premises described in Schedule "A" annexed hereto (hereinafter referred to as the PREMISES)desires to restrict the use and enjoyment of said PREMISES and has for such purposes determined to impose on said PREMISES covenants and restrictions and does hereby declare that said PREMISES shall be held and shall be conveyed subject to the following covenants and restrictions: 1. WHEREAS, DECLARANT has made application to the Suffolk County Department of Health Services (hereinafter referred to as the DEPARTMENT) permit to construct, approval of plans or approval of a subdivision or development on the PREMISES. for a 2. WHEREAS, as a condition for the approval of the DEPARTMENT of such application, DECLARANT covenants that SCTM# ]000-85-3-11.2 and 11.5, as outlined in the plans prepared by Ira Haspel, Architect, and dated November 10, 2009, cannot be sold or conveyed separately and there shall be no subdivision of any of the lots in the PREMISES described herein unless a subdivision or development map, meeting the density requirements under Article 6 of the Suffolk County Sanitary Code, is approved by the DEPARTMENT. The overall metes and bounds as described meet the density requirements under Article 6 of the Suffolk County Sanitary Code. SCTM% 1000-85-3-11.2 and 11.5 were created by deed for the purpose of selling development rights only. Individual tax lots on their own do not comply with the density requirements under Article 6 of the Suffolk County Sanitary Code, and a subdivision or development map approved by the DEPARTMENT is required to divide the tax lots into two or more identifiable lots meeting the density requirements under Article 6 of the Suffolk County Sanitary Code and sell or convey the tax lot. 3. The DECLARANT, its successors and/or assigns shall set forth these covenants, agreements and declarations in any and all leases to occupants, tenants and/or lessees of the above described property and shall, by their terms, subject same to the covenants and restrictions contained herein. Failure of the DECLARANT, its successors and/or assigns to so condition the leases shall not invalidate their automatic subjugation to the covenants and restrictions. 4. Ail of the covenants and restrictions contained herein shall be construed to be in addition to and not in derogation or limitation upon any provisions of local, state, and federal laws, ordinances, and/or regulations in effect at the time of execution of this agreement, or at the time such laws, ordinances, and/or regulations may thereafter be revised, amended, or promulgated. 5. This document is made subject to the provisions of all laws required by law or by their provisions to be incorporated herein and they are deemed to be incorporated herein and made a part hereof, as though fully set forth. 6. The aforementioned Restrictive Covenants shall be enforceable by the County of Suffolk, State of New York, by injunctive relief or by any other remedy in equity or at law. The failure of said agencies or the County of Suffolk to enforce the same shall not be deemed to affect the validity of this covenant nor to impose any liability whatsoever upon the County of Suffolk or any officer or employee thereof. 7. These covenants and restrictions shall run with the land and shall be binding upon the DECLARANT, it successors and assigns, and upon all persons or entities claiming under them, and may be terminated, revoked or amended only with the written consent of the DEPARTMENT. 8. The declarations set forth in the WHEREAS clauses contained herein shall be deemed and construed to be promises, covenants, and restrictions as if fully repeated and set forth herein. 9. If any section, subsection, paragraph, clause, phrase or provision of these covenants and restrictions shall, by a Court of competent jurisdiction, be adjudged illegal, unlawful, invalid, or held to be unconstitutional, the same shall not affect the validity of these covenants as a whole, or any other part or provision hereof other than the part so adjudged to be illegal, unlawful, invalid, or unconstitutional. 10. Local Law 932-1980 - The DECLAk~NT represents and warrants that he has not offered or given any gratuity to any official, employee, or agent of Suffolk County, New York State, or of any political party, with the purpose or intent of securing favorable treatment with respect to the performance of an agreement, and that such person has read and is familiar with the provisions of Local Law %32-1980. RAPHAEL_~I~ By: John P~ STATE OF NEW YORK, COUNTY OF SUFFOL : On this ~0 ay of a~j~, in the year 2010, · ocelli, Sr., President before me, the undersigned, a Notary Public in and for said State, personally appeared JOHN PETROCELLI, SR., personally known to me or proved to me on the basis of satisfactory evidence to the individual whose name is subscribed to the within instrument and acknowledged to me that he executed the same in his capacity and that by his signature on the instrument, the individual, ~ the person upon behalf of which the individual acted, executed the instrume~// [/ ABIGAIL A. WICKHAM Notary Public State of New York No. 52-4642871 Qualified In Suffolk County Commission Expires Sept. 30, 21/c&rhd2OlOraphael Declaram~: Raphael Vineyards, Inc. ~.D. Re~: S~0-09-0006 LEGAL DESCRIPTION ALL THAT CERTAIN PLOT, PIECE, OR PARCEL OF LAND, SITUATE, LYING, AND BEING AT PECONIC, TOWN OF SOUTHOLD, COUNTY OF SUFFOLK AND STATE OF NEW YORK BEING MORE PARTICULARLY BOUNDEDAND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTHERLY SIDE OF MAIN ROAD (S.R. 25) (KINGS HIGHWAY) DISTANT 521.59 FEET WESTERLY WHEN MEASURED ALONG THE SOUTHERLY SIDE OF MAIN ROAD FROM THE CORNER FORMED BY THE INTERSECTION OF THE SOUTHERLY SIDE OF MAIN ROAD AND THE WESTERLY SIDE OF INDIAN NECK LANE; SAID POINT OF BEGINNING ALSO BEING THE POINT OF INTERSECTION OF THE SOUTHERLY SIDE OF MAIN ROAD AND THE WESTERLY SIDE OF LJIND SHOWN ON "MAP OF PECONIC BAY COVE" (FILE NO. 7159); RUNNING THENCE SOUTH 7 DEGREES 56 MINUTES 50 SECONDS EAST ALONG SAID LAND AND ALONG LANDS NOW OR FORMERLY OF ANDREWS AND PERRY AND ALONG LAND SHOWN ON "MAP OF WILD OATS" (FILE NO. 9331), AND ALONG LANDS NOW OR FORMERLY OF GEIGER AND EDWIN KOR~ILESKI 2814.22 FEET TO THE NORTHERLY SIDE OF LESLIE'S ROAD; THENCE SOUTH 51 DEGREES 32 MINUTES 00 SECONDS WEST ALONG THE NORTHERLY SIDE 0F LESLIE'S ROAD 913.40 FEET TO LAND NOW OR FORMERLY OF CICHANOWICZ; THENCE NORTH 6 DEGREES 55 MINUTES 55 SECONDS EAST ALONG SAID LAND AND LAND NOW OR FORMERLY OF BOCK 2994.79 FEET TO THE SOUTHERLY SIDE OF MAIN ROAD AND; THENCE EASTERLY ALONG THE SOUTHERLY SIDE OF MAIN ROAD THE FOLLOWING 2 COURSES AND DISTANCES: 1. NORTH 59 DEGREES 32 MINUTES 25 SECONDS EAST 82.06 FEET; 2. NORTH 61 DEGREES 04 MINUTES 20 SECONDS EAST 704.70 FEET TO THE POINT OR PLACE OF BEGINNING. FOR INFORMATION ONLY: DISTRICT 1000 SECTION 085.00 BLOCK 03.00 LOT 011.002 AND LOT 011.005 NOTICE UATCq COUNTY OF .SUFFOLK (~)~l Red Properly ]'OX Service Agency RESOLUTION 2011-173 ADOPTED DOC ID: 6662 THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION NO. 2011-173 WAS ADOPTED AT THE REGULAR MEETING OF THE SOUTHOLD TOWN BOARD ON FEBRUARY 15, 2011: RESOLVED that the Town Board of the Town of Southold hereby authorizes and directs Supervisor Scott A. Russell to execute the Consent of Mortgagee/Lienor to the Declaration of Covenants and Restrictions by Raphael Vineyards~ Inc. on the property known as SCTM #1000-85-3-11.2 and 1000-85-3-11.5, subject to the approval of the Town Attorney. Elizabeth A. Neville Southold Town Clerk RESULT: ADOPTED [UNANIMOUS] MOVER: Christopher Talbot, Councilman SECONDER: Louisa P. Evans, Justice AYES: Ruland, Orlando, Talbot, Krupski Jr., Evans, Russell WJnser; Krist~/ From: Sent: To: Cc: Subject: ihaspel@irahaspel.com Friday, October 29, 2010 5:03 PM Winser, Kristy 'Kristine Smith'; wwblaw@aol.com RE: Raphael II site plan (for Jack Petrocelli) Hi Kristy - I met with the Owner, Jack Petrocelli, today and he confirmed that he wishes to complete the application process. He will comply with all items in your comment letter. We have obtained a NYSDOT approval, the letter from the NYSSOPHP and the SC Health Department approval pending receipt of a "covenant" letter which Abigail Wickham is preparing. I will write a cover letter and submit 7 revised copies of the Site Plan drawings to your office for review upon receipt of the final SCHD approval. Please advise me if there are any other requirements or comments. Thank you. Ira ..... Original Message ..... From: Winser, Kristy [mailto:kristy.winser@town.southold.ny.us] Sent: Friday, October 29, 2010 2:36 PM TO: ihaspel@irahaspel.com Subject: Raphael II site plan Hi Ira, I have here your request for info dated October 28, 2010 regarding the site plan for Raphael and I'm a little confused? It was my understanding that the property owner was no longer interested in pursuing this application further and was to submit a letter formally withdraw the application? Please advise. At your request, you would need to submit 7 copies to the office for review and for your convenience I have attached the last comment letter sent requesting map changes. Contact me anytime with questions. Kristy Winser Senior Planner Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York Phone: (631) 765-1938 Fax: (631) 765-3136 Kristy.Winser@town.southold.ny.us <<letter05.12.10.doc>> Kristy Winser Senior Planner Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York Phone: (631) 765-1938 Fax: (631) 765-3136 Kristy. Winser@town.southold.ny.us REQUEST FOR INFORMATION OR ASSISTANCE Date: Telephone: Mailing Address: SCTM# of site you are inquiring about: Query: (Please be specific about the information you need. Provide supporting documentation - surveys, maps, sketches - where possible.) understand that it may be several days before we can get back to yoq. For Office Use Only- Routed to: , OCT ! 8 ~ Socthdc~ Town Fighting ~oarrl ? STATE OF NEW YORK DEPARTMENT OF TRANSPORTATION STATE OFFICE BUILDING 250 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788'5518 July 19, 2010 Mr. Ira Haspel Architect, P C , , ,& 59945 Main Road ~ ~ : ~ Southold, NY 1197Y ~ -' Y0tir May 25, 2010 Submission ,~ %'~ ~\% Raphael Vineyards N¥~25, Southold ' gCTM # ! 000-08500-0300-011004 Our Case No. 10-003P Dear Mr. Haspel: We are writing in response to your submission for expansion of the above noted site. We have completed our review and have the following comments to offer. The scope of the work involved at this location does not appear to have a significant impact on the State highway system; therefore, we do not have any comments concerning this matter at this time. A Highway Work Permit will not be required by us as long as all work is progressed outside the State highway ROW and the State highway ROW is not used to stage vehicles or equipment or to perform any work. We recommend, by copy of this letter, that the Town of Southold consider the installation of bike racks on this site as State Bike Route 25 is a popular bicycle touring route. Questions concerning this matter should be directed to Mr. Mark Wolfgang at (631) 952-7973 at the above address. Please always refer to the subject Case Number and the County Tax Map Number. Thank you for your cooperation concerning this matter. Very truly, yours, 0 rginal SToned By Shaik A. SHAIE A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety CC: Mr. Peter Harris, Superintendent of Highways, Town of Southold ~rs. Martin Sidor, Planning Board Chairperson, Town of Southold · Kristy Winser, Planning, Town of Southold SAS:MDW:mm New York State Office of Parks, Recreation and Historic Preservation Historic Preservation Field Services Bureau ~' Peebles Island, PO Box 189, Watedord, New York 12188-0189 518-237-8643 www. rrysparks.com May ? ], 9010 David A. Paterson Governor Carol Ash Commissioner Kristy Winser Town of Southold PO Box 1179 Southold, New York 11971 Re: SEQRA Second winery building/Raphael Vineyards 39390 Main Road/SOUTHOLD, Suffolk County 10PR00409 , Thank you for requesting the comments of the Field Services Bureau of the Office of Parks, Recreation and Historic Preservation (OPRHP). We have reviewed the project in accordance with the New York State Historic Preservation Act of 1980 (Section 14.09 of the New York Parks, Recreation and Historic Preservation Law). These comments are those of the Field Services Bureau and relate only to Historic/Cultural resources. They do not include potential environmental impacts to New York State Parkland that may be involved in or near your project. Such impacts must be considered as part of the environmental review of the project pursuant to the State Environmental Quality Review Act (New York Environmental Conservation Law Article 8) and its implementing regulations (6 NYCRR Part 617). Based upon this review, it is the OPRHP's opinion that your project will have No Impact upon cultural resources in or eligible for inclusion in the State and National Register of Historic Places. If further correspondence is required regarding this project, please be sure to refer to the OPRHP Project Review (PR) number noted above. Sincerely, Ruth L. Pierpont Director An Equal Opportunity/Affirmative Action Agency ~ pr,nted on recycled paper April 19, 2010 SOUTHOLD FIRE DISTRICT P.(). BOX 908. SOUTHOLD, N.Y. 1197l (631) 765-4305 FAX (631) 765-5076 Ms. Kristy Winser, Senior Planner Southold Town Planning Board P.O. Box 1179 Southold, NY 11971 Re: SCTM# 1000-85-3-11.4 & 11.3 Raphael Vineyards Dear Kristy: Please be advised that the Board of Fire Commissioners have reviewed the above mentioned site plan and found that there is adequate fire protection for this property. The Board would like to reserve the right to review the above site plan if any changes occur to this property or to other property in the immediate area. Sincerely, Fire District Secretary PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 April 15, 2010 Abigail Wickham, Esq. P.O. Box 1424 13015 Main Road Mattituck NY 11952 Re: Raphael Vineyards & Winery, Located in the Hamlet of Peconic Site Plan Review - SCTM# 1000-85-3-11.3 Dear Ms. Wickham: I'm writing as a follow-up to the Planning Board Work Session and Public Hearing held on April 12, 2010 in connection to the above-referenced site plan application whereas the following actions were taken: Public Heating: a. The Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action and, as lead agency, made a determination of non-significance and granted a Negative Declaration. Work Session: a. The Board agreed that they would like to see the following map changes: i. Additional front landscaping around the building to be submitted for review and consideration by the Board. Landscaping areas should use indigenous, drought tolerant vegetation in landscaping to minimize irrigation and use of synthetic fertilizers. ii. Provide a crosswalk area connecting the two buildings at the point where pedestrians would most likely cross the parking area to access either building as discussed. iii. Indicate and show the location of any new proposed signage on site. Include handicap signs. iv..Provide parking bumpers for each parking space on site. This shall be inclusive of existing parking areas. As discussed the Planning Board is still waiting for comments/approvals from the following agencies. It should be noted that additional comments may be provided to you following full review of the application, therefore, it may be in your clients best interest to wait to make map changes until such time Staff and the Board has had the opportunity to review them. a. Comments from the Southold Town Fire District. b. SC Health Dept. approval. c. DOT letter commenting on the amended site plan. d. Letter from the NYSOPHP. If you should have any comments of require additional information, please do not hesitate to contact the office. Sincerely, Kristy Winser, Senior Planner cc: Planning Board PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair W/LLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 April 13, 2010 Abigail A. Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 Re~ Negative Declaration: Proposed Site Plan for Raphael Vineyards Located at 39390 Main Road, on the south side of Main Road, approximately 520 feet west of Indian Neck Lane, Peconic SCTM#1000-85-3-11.3 & 11.4 Zoning District: A-C Dear Ms. Wickham: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, April 12, 2010: WHEREAS, this amended site plan is for the construction of a 6,244 sq. ft. second winery building on a previously developed and approved 50.4-acre parcel in the Agricultural Conservation Zoning District; and WHEREAS, an amended application was submitted for review on December 3, 2010, including a site plan prepared by Ira Haspel Architect, P.C., dated June 5, 2009; and WHEREAS, on December 29, 2009, the Southold Town Planning Board, pursuant to Part 617, Article 6 of the Environmental Conservation Law acting under the State Environmental Quality Review Act, initiated the SEQR lead agency coordination process for this Unlisted Action; therefore, be it RESOLVED, that the Southold Town Planning Board, acting under the State Environmental Quality Review Act, performed a coordinated review of this Unlisted Action and, as lead agency, makes a determination of non-significance and grants a Negative Declaration. Raphael Vineyards Pa,qe Two April 13, 2010 Enclosed please find a copy of the Negative Declaration for your records. If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Martin H. Sidor Chairman Encl. PLANNING BOARD MEMBERs MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF $OUTHOLD State Environmental Quality Review NEGATIVE DECLARATION Notice of Determination Non-Significance April 12, 2010 MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 This notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 (State Environmental Quality Review Act) of the Environmental Law. The Southold Town Planning Board, as lead agency, has determined that the proposed action described below will not have a significant effect on the environment and a Draft Environmental Impact Statement will not be prepared. Name of Action: Raphael Vineyards SCTM#: 85-3-11.4 & 11.3 Location: 39390 Main Road, Peconic SEQR Status: Type I ( ) Unlisted (X) Conditioned Negative Declaration: Yes ( No (X) Description of Action: This amended site plan is for the construction of a 6,244 sq. ft. second winery building on a previously developed and approved 50.4-acre parcel in the Agricultural Conservation Zoning District. Reasons Supporting This Determination: An Environmental Assessment Form has been submitted and reviewed and it was determined that no significant adverse effects to the environment were likely to occur should the project be implemented as planned. SEQR Negative Declaration Page Two April 12, 2010 This site plan is for the construction of a 6,244 sq. ft. second winery building on a previously developed and approved 50.4-acre parcel in the Agricultural Conservation Zoning District. The site is not located within a Critical Environmental Area as designated pursuant to subdivision 617.14(g). The property is currently improved with a 7,404 sq. ft. winery building with pervious parking areas around the building in connection with the use. The remainder of the parcel is active agriculture comprised of existing vines immediately adjacent to State Route 25 east, west and southern portion of the property. No substantial adverse change in existing air quality, ground or surface water quality or quantity, traffic or noise level will occur as a result of the proposed action. The property is improved. While the proposed use will cause an increased intensity over the current use, the proposed action will not cause a substantial intensification of use. Correspondingly the proposed action will not cause significant impacts to agricultural, open space or recreational resources. Potential impacts from the commercial use (noise) to residential uses to the east, west and south is proposed to be mitigated by hours of operation and distances from property lines. The proposed use a retail winery, will be closed before 6 p.m. and exceed zoning setback requirements. The proposed building will be located at its closest point approximately 223 feet from any property line having rows of grape vines in between. All exterior lighting proposed is dark sky compliant (full cut-off fixture) and will be shielded as to not illuminate adjacent properties. Further, no major change in the use of either the quantity or type of energy will occur or a known creation of a hazard to human health is expected to occur as a result of the proposed action. The 50.4 acre site is farmed and partially cleared, therefore, the proposed action will not result in the significant removal or destruction of large quantities of vegetation, substantial interference with the movement of any resident or migratory fish or wildlife sp,ecies, significant habitat area or result in adverse impacts to a threatened or endangered species or the habitat of such a species. The proposed action is located on a parcel that was previously reviewed and approved by the Planning Board. The proposed use conforms to the requirements of the Agricultural conservation District (AC) Zoning District outlined in the Southold Town Code. The proposed action conforms to the agricultural character of the vicinity. Further, the proposed action will not impair the character or quality of important historical, architectural, or aesthetic resources or of existing community or neighborhood character or result in a material conflict with the community current plans or goals as officially approved. Based upon such, no significant adverse impacts to the environment are expected to occur should the project be implemented as planned. SEQR Negative Declaration Page Three April 12, 2010 For Further Information: Contact Person: Address: Telephone Number: Kristy Winser, Senior Planner Southold Town Planning Board 631-765-1938 CC: NYS Dept. of Transportation Southold Town Engineer Suffolk County Water Authority Suffolk County Dept. of Health Services Suffolk County Planning Commission NYS DEC - Stony Brook WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, April 12, 2010 4:30 p.m. 4:30 p.m. Review Public Meeting Agenda 4:45 p.m. Site Plans & Subdivisions Location: 7540 Main Road, East Marion Descr pt on Tempora~ Greenhouse 18' x 96' ~: Status i Amended. Site PI.an ACt on Rey ew. c0mment~: , Attachments Staff Rep0rt ........... ' Raphael Vineyards 2009 Location: 39390 Main Road, Peconic D~crip{i~ni i ~i~i~ ~'nd~d ~it~ ~i~'n is fo~ t~ winery building on a previously developed and approved 50.4-acre paine.., n .~e Agricult~a! ~.on~erva~!.on zoq!ng. Dist. rjc~ Status: New Site Plan Action: ~ Review comments. [Staff ReP0.rt ..................... :. Lo!;ationl 74495 NYS Route 25 Description: i This site plan is for the proposed construction of one building of 8,960 sq. ft. with the first floor containing, rental space, contractor's business office, garage storage and an apartment on the second floor on a 1.036 acre parcel in the B Zone located at 74495 NYS Route 25, approximately 734' ~ w/o Moores Lane on the n/s/o NYS Route 25, in Greenport. SCTM# 1000-45-4-4.1 Status: ! New Site Plan Action: :~ Review site plan and recommend for the Board consider accepting the Attachments: i Staff Rep0rt ......................... Project name: McCall Farm W ne~ SCTM#: 1000-109-1-40 Locationl Description: This site plan is proposing to alter an existing barn totaling 2480 sq. ft. into a winery within a development rights intact area of an 87.03 acre parcel of development rights sold land. The proposed winery will have a 0 Status: Action: i ~eY!~..~!~!~n o~!!gh~ing P!an ~ : A~achm~t~; Staff Repo~ .......................... WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, April 5, 2010 4:00 p.m. Applications Description: ~ Temporary Greenhouse 18' x 96' I [ Statu~ 4_A_m_e_n_de~d_~lte Pl____~an_ under [e_vle~w. 1 Act on Review comments and consider F~nal ADDroval Attachments: I Staff Rep. od & Draft Resolution i ~i'~j~'~i-~'~:~e': ............ [ '-Y :~ ~ 6i~i~-i~i'~ ~i1-~-~ ~- ...................... '- ~ ................ :..] .............................. : i .!=0~_a_t~i_on~: h._T_h_e_p_resbyterian Church or Society_.o..[_C__u.t_cho.~.g_e, _2724~_~_a!~n__Road i Description: i The applicant requests co-location of a public utility wireless i~ communication facility having interior mounted antennas within an i existing church steeple and a related storage equipment area screened ! from view. As part of the application, the applicant proposes to remove i and replace a portion of an existing church steeple to match the existing church building! on a 0.91-acre site located in the R-40 Zon ng_ D str ct , Status: i Site Plan under review Actio_n: _ ?Review SEQRA Determination and Draft Neg_a_tive Declaration. ': Attachments' i Ne ative Declaration and Draft ~R_e~s_~l_ut_i..o_n_ ........................................................... Project name: Raphael Vineyards 2009 Location: 39390 Main Road Peconic Description: This amended site plan is for the construction of a 6,244 sq. ft. second winery building on a previously developed and approved 50.4-acre parcel in the ~g_~icultural Conservation Zoning_._D..!s_t.[i.§_t.: St..a_~ .us: _S!_t~. ?!_a_n_~ u n d e_r_ .[eview Action: Review SEQRA Determination a__n._d__D?aft Neg_at_i_~_e__D_e....c_!..a_r_atio_n_.__ Att~C~'~i~i ............. and Draft Resolution .... Location: i South side of NYS Route 25, approximately 133 feet east of Marlene i.._L_a_ne., k n 9_w n__a__s_ 1_ _0_~3_0_0__M~i__n _ R_o_a_d_._M__a tt it u c_k_ ...................................... Description: This site plan is for the new construction of a 4,200 sq. ft. bank with two drive-through bays on a previously developed 112,647 sq. ft. (2.8 acre) parcel. This parcel is split-zoned General Business (B) and Residential- 40 (R-40), and proposed to be subdivided into two lots. The site plan will be located entirely on pro osed Lot 1 in the B Zone crt on of the ct Status: Site Plan under review Action: Consider Final App_[ova and rev ew resolution. Attachments: Draft Resolution Southold Town Board Work Session - Pace T:'.:~. 4/5/10 Location: South side of NYS Route 25, approximately 133 feet east of Marlene Lane, known as 10300 Main Road, Mattituck Status: Action: name: Location: Description: Status: Action: Attachments: Project name: Location: Description: Status: Action: Attachments: Pro name: I Locetion: Description: Status: ~ Action: This proposal is to subdivide a 2.818 acre parcel into two lots where Lot 1 equals 49,262.82 sq. ft. in the B Zoning District and Lot 2 equals 63,480.41 . ff. in the R-40 Zoning District. .......................................... Preliminar 'Plat Review )roval and review resolution. Draft Resolution Zuckerbel SCTM#: I000- 86-1-1 Southwest corner of Wells Road and State Route 25 in 2350 Wells Road, Peconic an 80/60 clustered conservation 1 equals 65,562 sq. ft., Lot 2 ~ equals 29.5416 acres and is proposed to ihts to the Town of old. )roval Grant 3roval. ion on 32.83i 77,694 sq. ft., and through a Inc. - Conserv. The This into three lots where and Lot 3 equals 21.55 21.22 Conditional Fina Grant Final Draft Resoh 1000-97-10-1, 85-3-12.1 85-3-12.2 NYS Route 25 and the n/s/o Leslie's in Peconic. subdivision of a 24.97-acre parcel uals 1.71 acres, Lot 2 equals 1.71 acres ights to ased by The County of Suffolk for the )n. Karen The is located Horton's Lane)_. standard subdivision is to 3 lots, where Lot 1 equals 41,994 sq. ft., .t 3 equals 90,023 ft., in the Sketch Approval · Grant Conditional Preliminary Approval/Negative Draft Resolution, Draft Neg_ative Declaration 1000-63-1-12 Lane, in Southold. 4.28-acre parcel equals 43,631 sq. ft., ration. OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cot. Main Rd. & Youngs Ave.) Southold, NY 11971 MA[LIN(; ADDRESS: P.O. Box 1179 Southold, NY 11971 Telephone: 631 765-1938 Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Martin Sider, Chair Town of Southold Planning Board From: Mark Terry, Principal Planner LWRP Coordinator '~, Date: March 29, 2010 Re: Raphael Vineyards, Inc. Located on the s/s/o Main Road, approximately 520' w/o Indian Neck Lane, SCTM# 85.-3-11.4 &l 1.3 Peconic. This amended site plan is for the construction of a 6,244 sq. ft. second winery building on a previously developed and approved 50.4-acre parcel in the Agricultural Conservation Zoning District. The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed action is CONSISTENT with the LWRP provided that the following best management practices are implemented. Preserve existing vegetation and establish new indigenous vegetation to enhance scenic quality: To further the above policy and Policy 5, "Protect and improve water quality and supply in the Town of Southold" and protect and improve the water quality and supply in the area; the following best management practices are recommended: Require that all landscaped areas use indiqenous, drouqht to erant ve,qetat on in landscapin,q tn minimize irriqat on and the use of synthetic fertilizers and herbicides. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Kristy Winser, Senior Planner PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI March 24, 2010 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 Ms. Carol Miller c/o Southold Fire District P.O. Box 908 Southold, NY 11971 Re: Project Name: Raphael Vineyards Street Location: 39390 Main Road, Peconic Tax Map #: 1000-85-3-11.4 & 11.3 Dear Ms. Miller: The enclosed site plan application, referenced above, is being referred to you for your comment on matters of interest to the fire department, including fire department equipment access, emergency services, and any other issue that may be of concern or relevance to this application. Please respond with your recommendations at your earliest convenience. Project Description: This amended site plan is for the construction of a 6,244 sq. fl. second winery building on a previously developed and approved 50.4-acre parcel in the Agricultural Conservation Zoning District. Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely, Kristy WinsekJ Sr. Planner Encls.: Site Plan Application Site Plan Building Specifications · CONNECTICUT MUNICIPAL ENERGEY CORP. SCTM#: 1000-6-8-7 Jon Warn, Project Manager for C.M.E.C. presented the project to the committee. The Committee approves the project as submitted today. Motion made and seconded. All in favor. · RAPHAEL VINEYARDS SCTM#: 1000-85-3-11.3 & 11.4 Ira Haspel, Architect and John Petrocelli, property owner presented the project to the committee. The Committee approves the project as submitted today with the recommendation of more basic landscaping screening around the proposed building and parking area. Motion made and seconded. All in favor. A motion was made to close the meeting at 5:00p.m. All in favor. d~izabet~h C~antrell, Secretary -2- Sanford Hanauer, Chairperson Reynolds duPont, Jr. Herbert Ernest Joseph Lee Ronald McGreevy Howard Meinke Nicholas Planamento Mark Schwartz Elizabeth Thompson Town of Southold Architectural Review Committee Minutes 4:00p.m., March 18, 2010 Town Hall Annex Executive Board Rfom Town Hall Annex 54375 Route 25 PO Box 1179 Southold, NY 11971 Fax (631 ) 765-6641 Telephone: (631) 765 - 1892 southoldtown.northfork.net Members Present: Elizabeth Thompson; Ronald McGreevy; Nicholas Planamento; Mark Schwartz; Kristy Winser, Sr. Planner; Elizabeth Cantrell, Secretary The minutes for the February 18, 2010 meeting were approved. Introduction: All applicants will give a presentation consisting of drawings, exterior materials samples and other information required by the Planning Department to the Committee. The Committee will ask questions and make suggestions as part of a general discussion with each applicant. Final recommendations from the ARC will be presented to the Planning Board in the ARC Meeting Minutes, and be made part o~ the Plai~ning file for that application. The Planning Board will consider these recommendations, together with all comments from other agencies, and provide the applicant with a comprehensive written list of its requested revisions. New Application: · LAVENDAR BY THE BAY SCTM #1000-31-6-28.5 Serge Rozenbaun, property owner presented the project to the committee. The Committee approves the project as submitted today. Motion made and seconded. All in favor. -1- Town of Southold Architectural Review Committee Agenda 3:30 p.m., March 18, 2010 Conference Room at Southold Town Hall Annex Location: 7540 Main Road, East Madon ~9~perative ~: : ........ I-~!99~ ~ ~ ~gn~a.I 5¥~...,..~i~9~s. !s!~r~ ........ Description: . Proposed 993 sq. ft. equipment area for a diesel-electric generator facility on a previously developed site having an existing 7,144 sq. ft. building on[ 9~ 441 sq~ ft: .p~r.cel !ocat~d !n th~ B~!ness ~!std~t.: [ Location: 39390 Main Road, on the south side of Main Road, approximately 520 feet west of Indian Neck Lane Pecon c Description: This amended site plan is for the construction of a 6,244 sq. ft. second winery building on a previously developed and approved 50.4-acre parcel in the Agrcu tufa Conservat on Zon ng D strct. [ PLANNING BOARD MEMBERS MARTIN H. SIDOR Char WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOXVNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 March 9, 2010 Abigail A. Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 Re: Close Hearing: Proposed Site Plan for Raphael Vineyards Located at 39390 Main Road, on the south side of Main Road, approximately 520 feet west of Indian Neck Lane, Peconic SCTM#1000-85-3-11.3 & 11.4 Zoning District: A-C Dear Ms. Wickham: A public hearing was held by the Southold Town Planning Board on Monday, March 8, 2010 regarding the above-referenced Site Plan. The public hearing was closed. If you have any questions, please do not hesitate to contact this office. Very truly yours, Martin H. Sidor ~_~ Chairman Page 1 of 2 Winser, KrJsty To: wwblaw@aol.com Subject: RE: Raphael Thanks Gail ..... Original Message ..... From: wwblaw@aol.com [mailto:wwblaw@aol.com] Sent: Tuesday, March 09, 2010 1:08 PM To: Winser, Kristy Subject: Re: Raphael I sent your letter on the DOT to Ira Haspel but he has been out of town for an extended period of time. I will remind him to get it completed. Gail Wickham .... Original Message ..... From: Winser, Kristy <kristy.winser@town.southold.ny.us> To: wwblaw@aol.com Sent: Tue, Mar 9, 2010 1:03 pm Subject: RE: Raphael Hi Gail I was just about to follow up with you on the lighting issue so thank you. The only other comments we are waiting from aside from ARC is from the DOT. Have you followed up with them, I believe that I sent you a letter on this dated 2/197 Please advise me on the status. I will see you at ARC on 3/18. Again, Thanks Gall Kristy Winser Senior Planner Town of Southold Planning Department P.O. Box 1179 53095 Main Road Southold, New York Phone: (631) 765-1938 Fax: (631) 765-3136 ..K..rj~y ~ ~Wj nSe_£~to_ wn .Ao_uLh_QId ny~us ..... Original Message ..... From: wwblaw@a~ol.com [mailto:wwblaw@ag[.cQm] Sent: Tuesday, March 09, 2010 12:39 PM To: Winser, Krisb/ Subject: Raphael I have asked Ira Haspel, the architect, to put together information on the lighting for the ARC and the PB. The Petrocelli's spent a great deal of time after the hearing last night speaking to the neighbors who 3/9/2010 Page 2 of 2 were concerned about noise. Apparently some of it came from another house nearby, but there is certainly music from the facility as well, and they did tell the neighbors that they would work with them on any problems and gave them their direct contact information. For the ARC, Mr. Petrocelli will be bringing sample building materials, which are the same as the existing building. If there is anything else you need from me, please advise. Gail Wickham 3/9/2010 ERIC J. BRESSLER ABIGAIl, A. WICKHAM EYNNI! M. GORDON JANEI GEASA LAW OFFICES WICKHAM, BRESSLER, GORDON & GEASA, P.C. 13015 MAIN ROAD, P.O. BOX 1424 MAT'I ITUCK. EONG ISLAND NEW YORK 11952 631-298-8353 IT;I,EFAX NO. 631-298-8565 wwblaw~aol.com March 5, 2010 WILLIAM WICKHAM (06-02) 275 BROAD HOLLOW ROAD SUITE 11 I MELVILLE, NEW YORK 11747 631-249-9480 TELEFAX NO. 631-249-9484 Attn: Ms. Carol Kalin Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold, New York 11971 Re: Public Hearing - Raphael Vineyards/Site Plan Application to Construct Second Winery Building Premises: 39390 Main Road, Peconic, New York 11958 SCTM#: 1000-85-3-11.4 & 11.3 Dear Carol: Enclosed are the affidavits of posting and mailing in above matter. encl 30 xhdpbsileplanrahael ~ Very,¥ruly yours, Abigai,t ,~A-.~ ~4 }e k h am RAPHAEL MAILING FOR HEARING 3/8/10 1000 85 2 7 VANBOURGONDIEN RTE 25 1000 85 2 8 SUFFOLK CO RTE 25 1OOO 85 2 9 HERODUTUS RTE 25 1000 85 2 18.2 WILCENSKI RTE 25 1000 85 2 31 VANS FAM FARM RTE 25 1000 85 3 10.1 ALEKSANDER RTE 25 1000 85 3 10.3 CICHANOWlCZ RTE 25 1000 85 3 10.4 CICHANOWlCZ RTE 25 1000 86 4 1.1 ROSEN INDIAN NECK 1000 86 4 1,11 ANDREWS INOIAN NECK 1OOO 86 4 1.5 KNEUER RTE 25 1000 86 4 1.8 SUSKEVICH INDIAN NECK 1000 86 4 1.9 BAUSER INDIAN NECK 1000 86 4 6.7 KHARAL INDIAN NECK 1000 86 4 6,8 CICHANOWlCZ INDIAN NECK 1000 86 4 7 KORALESKI LESLIE RD 1000 86 4 8 GEIGER LESLIE RD 1000 98 I 2,7 WHITNEY LESLIE RD 10OO 98 I 2.1 LESLIE RD HLDGS LESLIE RD 1000 98 i 2.15 PRAUS LESLIE RD 1000 98 I 2.16 PONTINO LESLIE RD 1000 98 I 2.6 MOODY LESLIE RD 1000 98 I 2.8 TOGNOZZI LESLIE RD MAILED 2/26/10 2/25/10 2/25/10 2/25/10 2/25/10 2/25/10 2/25/10 2/25/10 2/25/10 2/25/10 2/25/10 2/25/10 2/25/10 2/25/10 2/25/10 311110 3/1/10 2/25/10 2/26/10 2/25/10 3/1/10 2/25/10 2/25/10 RE/Raphael Mailing AFFIDAVIT OF 39390 Main Road, Peconic, New York 11958 as line facing the street(s) w~r~he e~_c~y c.;.~.,,; a~ Ilta~t~l~ave checked to be ~ned in place for seven days prior to the date of the I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Yebruary 25; 2010. Your Nam~ Corint) . P.O. Box 1424, Mattituck, New York 11952 Address March 5, 2010 Date Notary Public Cheryl Simons Notary Public, State Of New York No. 31-4970341 Qualified in Suffolk County _-/ Commission Expires February 4, 20~_/ PLEASE RETURN THIS AFFIDAVlT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri. 3/5110 Re: Public Hearing for Raphael Vineyards, 3/8/10. 6:15 p.m.. 85-3-11 3 & 11.4 [~R-04-20~0 THU 04:1~ P~I M~-~q~B010 ~:08 FRO~:WICKRM ~ER FAX NO. ' p, 888/888 Re: Public HAaring for Raphael Vineyards, 3/8/!p.~.~15 R.R~ 85T3~t~.~ 11.4 L U Postmark Here orPO~xNo. PO Box 160 ~E~-~ ...................................................................... Peconi( 11958 Mr. Richard Aleksander orPOBoxNo. PO Box 297 Peconic, NY 11958 Sent To Vans Family Farm orPOBoxNo. PO BOX 2 Peconic, NY 11958 :entTo Donald and Natalie Wilcenski orPOBoxNo 2~5 Fairway or. Damianos Herodotus .o!£?..~ ..~?:......5..9..L-. A ...s...~..c~..c...x.~ _ K .a..t.~. ........................... ~rt Jefferson Station, NY 11776 m/ County. of Suffolk ............ -. [~i,~,~'~:~:'; ......................................................... ',- [orPoaox.~...~..~ 330 Center Dr. ~.~~.- .......................................................................... Riverhead NY 11901 r-, ~ ;,~:;G;,~ .......................................................... ................... i / lie .................. ' A L r,- $0.# r-~ ( Restrlc[ed Delivery Fee ~ (Endorsement Required) r-~ Total Postage & Fees cm ~ ~homas Geiger & Felicia Geiger C3 ~/r~W£ ~7 ~&7,'- ...................................................................... r,-[~,PO~o~~o. 3435 Leslie Road Mr. Edwin Koraleskil EZ3 SIreet, Apt. No.; P.O. Box ['- or PO Box No. ~ orPOBoxNo. g ~- or PO BOX NO. ~- or PO BOX NO. ~[ Mr. Lawrence Suskevich . . ~= / ~'r~~~£ 7~};~.'f ...................................................................... r~ [o, PO~o~No. 600 Indian Neck La~ ~f~,'~fMP.~ ....................................................................... ~ [MS. Monica Kneue's~n~z° r ~ r~/~/~f,~7~f ................................. ~-~ .................................. F~'[°rPOB°xNo. 40100 Route z.~ 7d~,'~i~;~;i ..................................................................... ~L James A. and Muriel M. Amdrews ~ ~/?e~£ -~}~ ~$~," ....................................................................... r,- J_o_~_.P__O_.~.~.~.o_. ......... ..P..O...~ox 227 USE cer~e~ m, ~2.~0 06 (Endorsement Required) ~2,~0 (Endorsement Requimo) Michele and Giovanni Tognozzi 1Lero St, APT 2A New York, NY 10014 Mr. t .......... ~onkonkoma, NY ii779 · 'entr°1985 Leslie Road Hold~..n..g..s. ........................ ~/&;~g&**~i:f'~'~*t;~;mpt;'~'°rvO'~x~'' 250..N...o..r..t..h....S..e..a_...R..o..a...d.Ny 11068 ............................ [ Richard and Therese Whitney p..[or.~'O~ox~[~t'?~;'J$~ '7? ................ 370 ltidden Ac:' ................ ~'~'"~'~'~ ................... ~i~7~;iZ;%::~ ...................... '. ........................................ ;'2 ~.~ o~ I ~ ~ ~ o · Complete items 1 item 4 If F 1985 Leslie Road Roldinl~s 250 North Sea Road Southampton, NY 11968 2. Article Number PS Form 3811, February 2004 7009 1680 0000 2736 5585 · Complete Items 1, 2, and 3. AJso complete Item 4 ff Resbtcted Dellve~ b de,Ired. · pflnt your name and addmes off the reveme so that we can return the ca~l to you. m Attach this card to the back of the mailplece, or on the front if space pamflts. Henry and Susan Praus 181~Edgewood Ave. Ronkonkoma, ~ 11779 2. Article Number (Transfer from sexy/ce/abe/) PS Form 381 1, February 2004 · Complete items 1, 2, and 3. Also c~mplete 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 maitpiece, or on the front if space permits. Mr. John Pontino P.O. Box 11 Peconic, NY 11958 2. Adicle ~lumber PS Form 3811, February 2004 Domestic Rstum Receipt 70~9 1680 0000 2736 5608 4. Res'efoted Dellvmy? (Exes Fas) 7009 1680 0000 2736 5561 I~Ce~fled Ma~l [] E.~press Mall r-I Registered [] Return Receipt for! [] Insured Marl [] C.O.D. 4. Rssfltcted Delivery? ~_.xtra Fe~) r~ Rstum Rec~pt f~! [] C.O.D. · Complete items 1, 2,~{md 3. Nso complete item 4 if Res'~-'~Oel~ Is desired. · print your na~ and addms~ on the reveme · Attach this card to the back of the maJlpisce, or on the f~ont if space pe~mlta. Hs. Honica Kneuer 40100 P. oute 25 Peconic, NY 11958 Date D. Isdae~lyaddm~;;;=.ntfmmlt~ml? i-1¥ If yES, e~er delivery addmas below. DN [] Insured Mall [] C.O.D. ?r~-~er~a.v~ 7009. _--1680 0000 2736 5417 p~ F°rm 3811, ~ 2a)4 } Dornes~ Return Rec~pt · ~mp~ ~ 1, 2, ~ 3. ~ ~m~e ffem 4 ff R~ ~ I~ ~. ~ th~we~ ~m ~ ~ ~u. · A~ch ~ ~ to ~ ~ ~e ~, or on ~ E~ ~. H~. [a~eace Suskev~ch 600 [~d~aa ~ecE [a~ ~eco~c, ~ [[958 4. Reet~cted Dellve~ ~ Fee) I-I1 2. Article Number PS Form 3811 ~ 2OO4 7009 1680 0000 2736 5448 1~25~ · Complete items 1,2, and3. Also complete item 4 if Restricted Deliver/is desired. · Print your r~me andaddress on the reverse so thst we can retum the card to you. · Attach this card to the Pack of the mailplece, or on the front if space permits. 1. Article Addressed to: Frederick and Bernadine Bauser 450 Indian Neck La~ Peconic, NY 11958 Ps Form 3811, February 2004 r9 Imumd MaN [] ~O.D. 7009 1680 0000 2736 5431 Domeett~ Return Recelpt · Atmoh thle earl to ~e bank o~ the rmmlll~eoe, or on ~e front If q:moe pem~e. Donald and Natalie Wilcen 2465 Fairway Dr. Cutchogue, NY 11935 L~b D. Il MMmy addlma dlifmw~ f~mHlem 17 ('r,',~r?,om~ 7009 1680 0000 2736 5400 PS Form 3811, Febma~2004 R~ · Co~p;~,lteme 1,2, and 3. AISO~ & 8~gnatum item 4 If Reetfl~md De~lveey is peelred. · Print your rmme and eddmee off lfm mveme so that we can return the omd to you. · Attaoh this oard to th® iaeok of ttm mellpJeoe, or on the front ff spaoe permits. Vans Family Farm PO Box 2 Pecan/c, NY 11958 D oemr~ Ma~ D Exp~e~ Ma~ ~ [] ~ r'l F~um Re~Mpt ~r ~ [] L, mured MeJI [] C.O.D. 2. Astlcle Number PS Form; 11, February 2004 · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is de~. · Print your nam~ and address on the reverse so that we can tatum the card to YO~. · Attach this card to the baok of the mallpisce, or on the front if space permits. 1. Article Addressed to: Mr. Richard Aleksander PO Box 297 Peconic, NY 11958 D. le M idM M from I~lm ¶? if yES, er~ M41vew ed(~ W. 2, Article Number PS Form 3811, February 2004 OI e. ew, oe'~pe [D Reg~m~ 7009 1680 0000 2736 5424 ~ R~m R~i~ item 4 If Restricted Delivery is desired. · Print your name and address on the reveme · Attach this card to the bact~ ot u~ -,-,,~ or on the front If space pon'nits. ~ :~ ~s., ~=e~cta Cichatto',z:Lcz 15.5 ttal].s C=eek Dz:. : l~at tit uck~l'P/ 119.52 Rece~edby(P~r~edName) C. Date of Delive~ ), isdelbe~addressdiffemntfmmlteml? []yes If yES, e~ter dsiive~J address below: r-I No I [] i~s~e~ Mall [] C.O.D. 2. Article Number 7009 1680 0000 2736 4076 (T, an~ from sen,~ mbe~) ~, ..... ,'~-t~ r~e4 ~i ~R~,m . ,..: · Complete items 1, 2, and 3. ~ complete item 4 if Restricted Delivery la deetmd~ ~ Print your name and addlre~s on the revel~ so that we canj~tum the card to yon. ~. Attach this ~ to the back of the mailpl~, or on the front If space permits. 2. A~ticle Number (Transfer from senace 70l~9 1680 ?00'9 PS Form 3811, FebnJary 2004 /~ ~,~,~ byl~ ~) ~ I=~ ~1 ~ ~.O.D. 0000 2736 5578 ~o ~t~ R~ 1~1~ SCOTT A. RUSSELL SUPERVISOR TOWN HALL - 53095 MAIN ROAD Fax. (631)-765-9015 ENGINEER TOWN OF SOUTHOLD, NEW YORK 11971 Tel(631)-765 - 1561) JAM IE.RIC HTER~TOWN.SOUTHOLD NYUS OFFICE OF THE ENGINEER TOWN OF $OHTHOLD Martin H. Sidor Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 March 2, 2010 Re: Raphael Vineyard Site Plan Review Proposed New 3,112 S.F. Winery Accessory Building SCTM #: 1000-85-03-11.4 Dear Mr. Sidor: As per a request from your office, I have reviewed the New Site Plan for the above referenced project. These plans have been prepared by the office of Ira Haspel, Architect, P.C. and have been dated 11/10/09. Please consider the following: Drainage Calculations have been provided and the Drainage Design meets the minimum requirements of Chapter 236, Storm Water Management. New Landscaping has not been indicated. However, the site is entirely surrounded by the existing vineyard and the Planning Board may wish to utilize this fact with regard to fulfilling the requirement for landscaping. The final approval of this item should rest with the Planning Board. New Site Lighting has been indicated as Dark Sky Compliant. The quantity and location of all exterior lighting should be reviewed by the Board and the final approval of this item should rest with the Planning Board. Has lot #: 85-03-11.3 been merged with Lot #: 85-03-11.47 Is there a setback issue related to the location of the New Winery Building to Lot #: 85~03-11.3? Has the ZBA addressed this matter? If you have any questions regarding this review, please contact my office. · [ MAlt -3 2010 /~a m ee~/~rely'//~'"~ s A. Richter, R.A. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI February l9,2010 Abigail Wickham, Esq. P.O. Box 1424 13015 Main Road Mattituck NY 11952 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 Re; Raphael Vineyards & Winery, Located in the Hamlet of Peconic Site Plan Review - SCTM# 1000-85-3-11.3 Dear Ms. Wickham: As you are aware, on December 21, 2010 the Planning Board accepted the above referenced site plan for review whereas the application was referred to involved agencies under the general site plan regulations pursuant to Section 280-131(C) of the Town Code. As such, the New York State Office of Parks, Recreation and Historic Preservation (OPRHP) and the New York State Department of Transportation (DOT) have each responded that they require additional information to provide feedback to the Town of Southold. The OPRHP has requested additional information to make a determination on potential impacts the proposed may have upon historic and/or prehistoric cultural resources. Please review the enclosed checklist and submit the additional information directly to their office and refer to project number 10PR00409. Likewise, the DOT has requested (7) copies of the site plan that include the items on the checklist I enclosed for your convenience. Please submit said copies directly to the DOT and refer to case No. 10-003P for the same. Last, I want to confh-m the following dates thus far. The site plan has been scheduled for a Public Hearing on March 8, 2010 and for the Architectural Review Committee to provide comments to the Planning Board on the proposed site plan. It should be noted that additional comments will be provided following full review by Staff, the Town Planning Board, Town Departments and involved/interested agencies at a follow up work session that I will confirm sometime after the public hearing. Contact me anytime with questions that you may have. Thank you. Sinc~£1y, risty Winser, Senior Planner cc: Planning Board #9661 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 25th day of February, 2010. Principal Clerk Sworn to before me this ~,_(7 day of ~-~/~~ 2010. ~b~i B0hrd} at the lowing: 6:00 p approved map ¢ CR 48, in Southold at NOTARY PUBLIC-STATE OF NEW YORK NO. 01.va6105050 Qualified in Suffolk County My commission Expires February 28, 2012 6:10~p~m. ro~*~l Site ~ for l~i]~'Roa~f~'on thc ~:~m~r ~:~ ~¢Depot ~, M ~0~ S~te Of New York. S~o~ CO~ T~ ~I-IT ~ 2. ~ #9661 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 25~h day of February, 2010. Principal Clerk Sworn to before me this Board, at ; loving ay o 2010. NOTAI~Y pIJBLIC-STA'[E OF NEW YORK No, 0'1 .VOb105050 Quollfled in Suffolk County My Commission Expires Februory 28, 2012 State of New York. 9661~1T Zr25 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAIIANG 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 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 8th day of March, 2010 on the question of the following: 6:00 p.m. Proposed amendment to the approved map of the Major Subdivision of Papadopoulos & Maragos located on the n/e/s/o Kenny's Road, 705.05' n/w/o CR 48, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-59-3- 17.3 6:05 p.m. Proposed Standard Subdivision for Karen Mazzaferro located at 1450 Horton's Lane, on the e/s/o Horton's Lane, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-1-12 6:10 p.m. Proposed Standard Subdivision for Nickart Realty located on the s/s/o CR 48, approximately 900' w/o Bayberry Lane, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-52-2-13 6:15 p.m. Proposed Site Plan for Raphael Vineyards located at 39390 Main Road, on the s/s/o Main Road, approximately 520' w/o Indian Neck Lane, Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-85-3-11.3 & 11.4 6:20 p.m. Proposed Site Plan for the Valero Service Station located at 28975 Main Road, on the n/w corner of Main Road and Depot Lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County T. ax Map Number 1000-102-5-26 Dated: 2/17/10 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H. Sidor Chairman PLEASE PRINT ONCE ON THURSDAY, FEBRUARY 25, 2010 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times Page 1 of 1 Kalin, Carol From: Candice Schott [legals@timesmview.com] Sent: Wednesday, FebruapJ 17, 2010 9:45 AM To: Kalin, Carol Subject: RE: legal ad for 2125/10 edition of the Suffolk Times Hi Carol, I have received the legal notice and we are good to go for the 2/25 issue. Thanks and have a great Wednesday!! Candice From: Kalin, Carol [mailto:CaroI.Kalin@town.southold.ny.us] Sent: Wednesday, February 17, 2010 9:15 AM To= Legals Subject.' legal ad for 2/25/10 edition of the Suffolk Times Please print the attached legal ad regarding the 3/8 Planning Bd. Public Hearings (Papadopoulos & Maragos, Mazzaferro, Valero, Raphael Vineyards & Nickart Realty) in the February 25th edition of the Suffolk Times. An e-mail confirmation of receipt would be appreciated. Thank you. Carol Kalin, Secretarial Assistant Southold Town Planning Board Southold Town Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765-1938 Fax: (631)765-3136 Carol. Kalin~town.southold.ny.us 2/17/2010 PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-8136 LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Section 276 of the Town Law and Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 8th day of March, 2010 on the question of the following: 6:00 p.m. Proposed amendment to the approved map of the Major Subdivision of Papadopoulos & Maragos located on the n/e/s/o Kenny's Road, 705.05' n/w/o CR 48, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-59-3- 17.3 6:05 p.m. Proposed Standard Subdivision for Karen Mazzaferro located at 1450 Horton's Lane, on the e/s/o Horton's Lane, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-63-1-12 6:10 p.m. Proposed Standard Subdivision for Nickart Realty located on the s/s/o CR 48, approximately 900' w/o Bayberry Lane, in Southold, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-52-2-13 6:15 p.m. Proposed Site Plan for Raphael Vineyards located at 39390 Main Road, on the s/s/o Main Road, approximately 520' w/o Indian Neck Lane, Peconic, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-85-3-11.3 & 11.4 6:20 p.m. Proposed Site Plan for the Valero Service Station located at 28975 Main Road, on the n/w corner of Main Road and Depot Lane, in Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-102-5-26 Dated: 2/17/10 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Martin H Sidor Chairman STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 17th day of February, 2010 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold~ New York 3/8/10 Regular Meeting: 6:00 p.m. 6:05 p.m. 6:10 p.m. 6:15 p.m. 6:20 p.m. Public Hearing for the proposed amendment to the approved map for the Major Subdivision of Papadopoulos & Maragos for George Penny IV, SCTM#1000-59-3-17.3 Public Hearing for the proposed Standard Subdivision of Karen Mazzaferro, SCTM#1000-63-1-12 Public Hearing for the proposed Standard Subdivision for Nickart Realty, SCTM#1000-52-2-13 Public Hearing for the proposed Site Plan for Raphael Vineyards, SCTM#1000-85-3-11.3 & 11.4 Public Hearing for the proposed Site Plan for the Valero Service Station, SCTM#1000-102-5-26 Carol Kalin .... Secretary, Southold Town Planning Board Sworn to before me this /r/'/~day of ['~Z. oA~.-"{ , 2010. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS JOSEPH L. TOWNSEND DONALD J. WILCENSKI PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hall Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 February 9, 2010 Abigail A. Wickham, Esq. P.O. Box 1424 Mattituck, NY 11952 Re: Set Hearing: Proposed Site Plan for Raphael Vineyards Located at 39390 Main Road, on the south side of Main Road, approximately 520 feet west of Indian Neck Lane, Peconic SCTM#1000-85~3-11.3 & 11.4 Zoning District: A-C Dear Ms. Wickham: The Southold Town Planning Board adopted the following resolution at a meeting held on Monday, February 8, 2010: RESOLVED, that the Southold Town Planning Board set Monday, March 8, 2010 at 6:15 p.m. for a public hearing regarding the site plan prepared by Ira Haspel, R.A., dated August 28, 2009, last revised November 10, 2009. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting along with the certifie,~ mailin.q receipts AND the signed ¢~reen return receipt cards before 12:00 noon o, Friday, March 5m. The si.qn and the Dost need to be returned to the Plannin.~,I .Board Office after the public hearin,q Please contact this office if you have any questions regarding the above. Very truly yours, Martin H. Sidor Chairman Encls. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for a site plan; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-85-3-11.3 & 11.4; 3. That the property which is the subject of this application is located in the A-C Zoning District; That the application is for the construction of a 6,244 sq. ft. second winery building on a previously developed and approved 50.4-acre parcel. The property is located at 39390 Main Road, on the south side of Main Road, approximately 520 feet west of Indian Neck Lane, Peconic; That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd FI., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet by sending an e-mail message to: CaroI.Kalin@town.southold.ny.us; That a public hearing will be held on the matter by the Planning Board on Monday, March 8, 2010 at 6:15 p.m. in the MeetinR Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times, published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Raphael Vineyards, Inc. Date: 2/16/10 AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices, by certified mail - return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVlT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY: 12:00 noon, Fri., 315110 Re: Proposed Site Plan for Raphael Vineyards SCTM#s: 1000-85-3-11.3 & 11.4 Date of Hearing: Monday, March 8, 2010, 6:15 p.m. Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-2003] Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing thc same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date, place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated, proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private stxeet which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet fi.om the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant, petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public heating. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across fi.Om any public or private street from the property included in the application or petition. Such notice shall be made by certified mail, return receipt requested, posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property, nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1,3 ?..1 086 4 DEPARTMENT OF PLANNING COUNTY OF SUFFOLK STEVE LEVY SUFFOLK COUNTY EXECUTIVE THOMAS A. ISLES, A.I.C.P DIRECTOR OF PLANNING Town of Southold PO Box 1179 Southold, New York 11971 Att: Ms. Kristy Winser, Senior Planner Re~ S.C.P.C. No.: Dear Ms. Winser: February9,2010 Raphael Vineyards LS-G-2203 Your notification for SEQRA Coordination was received by our agency on January 4, 2010. Please be advised that our agency, the Suffolk County Planning Commission, has no objection to the Town of Southold assuming Lead Agency status for the above referenced. The Suffolk County Planning Commission reserves the right to comment on this proposed action in the future and wants to be kept informed of all actions taken pursuant to SEQRA and to be provided with copies of all EAF's, DEIS's and FEIS's, etc. Please note that prior to final approval, this action should be referred to the Suffolk County Planning Commission for review unless subject to the Inter-municipal Agreement. Chief Planner APF:ds LOCATION MAILING ADDRESS H LEE DENNISON BLDG. - 4TH FLOOR P.O. BOX 6100 (631) 853-5191 100 VETERANS MEMORIAL HIGHWAY HAUPPAUGE, NY 11766-0099 TELECOPIER (631) 8534044 © NEW YORK STATE z New York State Office of Parks, Recreation and Historic Preservation Historic Preservation Field Services Bureau · Peebles Island, PO Box 189, Watedord, New York 12188-0189 518-237-8643 www. nysparks.com February 02, 2010 David A. Paterson Governor Carol Ash Commissioner Kristy Winser Town of Southold PO Box 1179 Southold, New York 11971 Re: SEQRA Second winery building/Raphael Vineyards 39390 Main Road/SOUTHOLD, Suffolk County 10PR00409 Dear Ms. Winser: Thank you for requesting the comments of the Office of Parks, Recreation and Historic Preservation (OPRHP) concerning your project's potential impacffeffect upon historic and/or prehistoric cultural resources. Our staff has reviewed the documentation that you provided on your project. Preliminary comments and/or requests for additional information are noted on separate enclosures accompanying this letter. A determination of impact/effect will be provided only after ALL documentation requirements noted on any enclosures have been met. Any questions concerning our preliminary comments and/or requests for additional information should be directed to the appropriate staff person identified on each enclosure. In cases where a state agency is involved in this undertaking, it is appropriate for that agency to determine whether consultation should take place with OPPd-IP under Section 14.09 of the New York State Parks, Recreation and Historic Preservation Law. In addition, if there is any federal agency involvement, Advisory Council on Historic Preservation's regulations, "Protection of Historic and Cultural Properties" 36 CFR 800 requires that agency to initiate Section 106 consultation with the State Historic Preservation Officer (SHPO). When responding, please be sure to refer to the OPRHP Project Review (PR) number noted above. Sincerely, Ruth L. Pierpont Director Enclosure An Equal Opportunity/Affirmative Action Agency %~ printed on recycled paper Page 1 of 1 RE(~UEST FOR ADDITIONAL INFORMATION ARCH EOLOGY PRO3ECT NUMBER 10PR00409 ( Second winery building/Raphael Vineyards/39390 Main Road/T/SOUTHOLD ) In order for us to complete our evaluation of the Archaeological sensitivity of your project will need the following additional information [] Full project description showing area of potential effect. [] Clear, original photographs of the project area from all directions, keyed to a site plan. [] Brief history of property. Clear, original photographs of the following: [] Other: Other: [~] Complete Set of Engineering Plans ~ The boundaries of the project area should be clearly delineated on a United States Geological Survey (USGS) Quadrangle, or New York State Department of Transportation (DOT) 7.5-minute (scale 1=24,000) map. Original scale should be used if photocopying and a label providing map title should be included. There are several "on-line" resources for these maps. Some examples include: terraserver, corn and topozone.com. Please provide only the additional information checked above, for archaeological review. If you have any questions concerning this request for additional information, please call Daniel A. Bagrow at 518-237-8643. ext 3254 PLEASE BE SURE TO REFER TO THE PRO3ECT NUMBER NOTED ABOVE WHEN RESPONDING TO THTS REQUEST http://sphinx/PP, JPMReadForm.asp?iPrn= 1 &iFId= 19718&sSFile=form8.htm 2/2/2010 WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, February 1, 2010 4:00 p.m. 4:00 p.m. Applications Locat on 3800 Duck Pond Road Cutchogue Description: This site plan is for the proposed construction of an 18,000 sq. ft. meeting/conference facility and interior alterations of an existing motel, restaurant, pool and pool house on a conforming 12.3 acre site partially located i.~.~he Res0rt. F~e~!dentia! and Agricultu[al Conservati0n Z0ning. D!~t?ic~: Status: :: Site Plan Review .............................................. ~c~on ConsderFna Approva and revewdraft resolution. Locat on on the n/w corner of Main Road and Depot Lane Cutchogue ~: Description: This site plan is for the conversion of an existing automotive repair shop and ~ gasoline service station to a convenience store and gasoline service station on a.~.! .8 473 SCl. ft~ !0~.!.r~ .t~e H.amlet Business Zoni~ng D!~t..r.ict: Status: ! New Si~ P!an ...................................... Ac~tionl Feb_~. 8 20.!..0. ~orMar. .8.20.!0= Attachmen~sl !Draft Resolution Project name .r' SCTM# 85 '3-11.4 & 11.3 = i Raphael Vineyards 2009 i ~ Location: 39390 Main Road, Peconic ~i~{i~'n'i amended site plan is for the construction of a 6,244 sq~ ftl ~)~'~ir{~ building on a previously developed and approved 50.4-acre parcel in the ~l.~i~!~[~!. ~igr~ ~9[~ing ~!~icL Sta~usl New Site Plan ~ . Attachments: Draft Resolution Locat 0n .... j W ckham Avenue, Matt tuck De~c(iP~!0n; expansion of b0at st0[age and 0~ces Status: The a pp.r~Y~d..~i~..p.!a.~ .~a~. e~.r!~J.ed .'!~. ~)[~. ~, ~(~) ! 0: Action: Review draft resolution. Attachments: Draft Resolution Project name: , Battaglia Joseph & Heidi [ SCTM#: 1000-64-3-3 Location: . on the west side of Hobart Road, approximately 1,059 feet north from Terry Laqe..80.u~l!o!d ~ Description: This is a standard subdivision to subdivide 95,846 sq. ft. into two lots where Lot Oqeis 41 280 ~cl,. ~,..aqc[[~gt..'l'wg.is 54074 ~q: ft:. in.the. R-~t0.Zgn!~g. District:. statBs: Conditipna! S.ke~?h ................................................................ Action: ~ Review P~0P0sed h0~se n~ap/draff preliminary [es0!qti0n: =. Attachments Proposed H0use Map/Draft Res0 qt.0n STATE OF NEW YORK DEPARTMENT OF' TRANSPORTATION STATE OFFICE BUILDING 2SO VETERANS MEMORIAL HIGHWAY HAUPPAUGE, N.Y. 11788-5S18 www.nysdot.gov !' ~I~STANLEY GEE January25,2010 Ms. Kristy Winser Planning Board Office Town of Southold. P.O. Box 1179 Southold, NY 11971 Your December 29, 2009 Submission Raphael Vineyards NY 25, Southold SCTM # 1000-08500-0300-011004 Our Case No. 10-003P Dear Ms. Winser: This is to acknowledge receipt of your submission on the above noted site. We have no objections to the Town of Southold being Lead Agency for this project. The plans which you submitted are very helpful; however, for us to commence our review and provide meaningful feedback, we require seven (7) copies of drawings that include all of the items noted on the attached checklist. We also recommend that the plan preparer consult our driveway policy manual which is available on our website at www.nysdot, gov. On the NYSDOT A-Z bar click on "H", then click on Highway Work Permits and then click on Policy and Standards for the Design of Entrances to State Highways. All work and material details shall be shown referenced to NYSDOT specification item numbers. Our initial review notes there are three (3) access points along the NY 25 site frontage. We recommend only one (1) access point to NY 25 as per our driveway policy guidelines. This application should be sensitive to the unique visual and historic setting of the Long Island North Shore Heritage Area, which runs from the Queens/Nassau County line to Orient Point, and from Route 25 or I495, whichever is farther south, north to Long Island Sound. Ms. Kristy Winser January 25, 2010 Page 2 of 2 In all future correspondence, please refer to the subject case number and county tax map number. Review of the subject material is being coordinated by Mr. Mark Wolfgang. He can be contacted at (631) 952-7973 if you have any questions regarding this matter. Thank you for your cooperation concerning this matter. Very truly yours, 0ri inal Signed By Shaik A. SaaO SHAIK A. SAAD, P.E. Civil Engineer III Traffic Engineering and Safety Attachment: Site Plan Checklist cc: ~. Peter Harris, Superintendent of Highways, Town of Southold vqvlr. Martin Sidor, Planning Board Chairperson, Town of Southold Long Island North Shore Heritage Area Planning Commission SAS:MDW:ajf SITE PLAN REQUIREMENTS CHECKLIST: ~X A. Location and dimensions of existing highway pavement, curb, sidewalk, median, median openings, guide rail, utilities, signs (including size and text), pavement markings, bus stops, overhead and underground traffic signal equipment, right-of-way lines, controlled access lines and property lines. ~X B. Existing and proposed buildings, appurtenances and drive-through windows. X X Design features, referencing the latest edition of the NYS Standard Specifications, to be incorporated in proposed work: 2. 3. 4. 5. 6. 7. 8. Driveway pavement type and dimensions. Radii of driveway returns and other points of curvature. Driveway grades or profiles, indicating iow point on private property. Angle of driveways relative to roadway center line. Dimensions of roadside control islands and driveway medians. Dimensions of curb and sidewalk relative to pavement edge. Details of internal traffic circulation, including proposed signs, pavement markings and traffic signal equipment. North arrow and scale on each applicable sheet. X D. Size, type and grade of existing and proposed drainage features. Plastic pipe is not permitted within State right-of-way. Distance from each existing and proposed driveway to each adjacent driveway and cross street, including adjacent property lines and streets and driveways opposite the site. Work Zone Traffic Control plans. A Maintenance and Protection of Traffic plan must be provided for work on NY 25. The plan must include the note "All lanes must be open to traffic before 10 AM and after 3 PM. No lane closings are permitted on weekends or holidays. Nighttime lane closings will not be permitted without prior approval from the State Permit Inspector." Ali proposed road improvements detailed in the Site Plans must be designed in accordance with the latest versions of ASSHTO, NYS Standard Manual of Uniform Traffic Control Devices, NYSDOT Highway Design Manual, and the POLICY AND STANDARDS FOR ENTRANCES TO STATE HIGHWAYS. Road improvement plans must provide all appropriate NYSDOT Standard Details and NYSDOT Standard Item Numbers. Please see our website at http://www.dot.state.ny.us/traffic/safetv/tehsdhwp.html for further guidance. X H. Labeled aerial photograph of the site and environs. ~X I. Beginning and ending NY 25 mile markers. In recent years, many states have employed access management as a major technique to address conflicts between through traffic and that generated by developments. The goals of access management are to limit the number of access points, separate conflict points and remove turning traffic from through movements. New York State is utilizing this technique to minimize impacts to State highways. We recommend, therefore, that cross access to this site be obtained from adjacent properties. If this is not presently possible, it should be shown on the plans for implementation as part of future redevelopment. PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MAILING ADDRESS: P.O. Box 1179 Southold, NY 11971 OFFICE LOCATION: Town Hail Annex 54375 State Route 25 (cor. Main Rd. & Youngs Ave.) Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 To~ MEMORANDUM Southold Town Clerk for Town Board Southold Town Building Department Southold Town Engineer* Southold Town LWRP Coordinator Architectural Review Committee* New York State Department of Transportation* Suffolk County Department of Health Services* Suffolk County Planning Commission* Suffolk County Water Authority NYS OPRHP From: Kristy Winser, Senior Planner Date: December 29, 2009 RE: Site Plan Application review - Raphael Vineyards · Request for comments pursuant to General Municipal Law {}239 (as a referral) and Southold Town Code §280-131, and LWRP Coastal Consistency Review. · SEQR Lead Agency request · Coordinated review under SEQR Dear Reviewer: The purpose of this request is to seek comments fi.om your agency, and also to determine lead agency and coordinate review under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR Part 617. Please provide the following, as applicable: 1. Comments or requirements the Planning Board should take into consideration while reviewing the proposed project; 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below; and 4. Your interest in assuming the responsibilities of lead agency under SEQR. Southold Referral & SEQR Coordination Page Two December 29, 2009 The lead agency will determine the need for an Environmental Impact Statement (EIS) 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. The following page contains information pertaining to the project under review. For further information, please feel free to contact this office. 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: Pro|ect Name: Raphael Vineyards Stxeet Location: 39390 Main Road, Peconic Tax Map #: 1000-85-3-11.4 &ll.3 Requested Action: This amended site plan and is for the comtmcfion of a 3,112 sq. ft. second winery building on a previously developed and approved 50.4-acre parcel in the Agricultural Comervafion Zoning District. SEQRA Classification: ( ) Type I ( ) Type II (X) Unlisted Contact Person: Kristy Winser, Sr. Planner (631) 765-1938 Enclosures: · Environmental Assessment Form · Site Plan Application Form · Site Plan(s) (site plans sent only to above agencies indicated by an *) 2 ERICJ. BRESSLER ABIGAIL A. WICKIqAM I,YNNE M. GORDON IANET GEASA I ,,\~k OFFICES W1CKHAM, BRESSLER. GORDON & GEASA, P.C. 13015 M.,\IN ROAD. P.O BOX 1424 MAT 11 I t ~£'K. LONG ISI,AND NI ?, YOP, K 11952 631-298-8353 TEl ,I!I:,\X NO. 631-298-8565 w~blaw~aol.com ~11.1 I/\M WICKI4AM {06-021 275 BROAD [tOLl,OW ROAD SLJITE I 1 I MEI,VIILIL NEW YORK 11747 631-249-9480 ELEFAX NO. 631-249-9484 December 23, 2009 Attn: Ms. Kristy Winser Southold Town Planning Board Post Office Box 1179 53095 Main Road Southold, New York 11971 Re: Raphael Vineyards/Site Plan Application to Construct Second Winery Building Premises: 39390 Main Road, Peconic, New York 11958 SCTM#: 1000-85-3-11.4 & 11.3 Dear Kristy: Enclosed are five (5) additional sets of maps of the proposed site plan. Please advise if you need anything further. AA Encl · 30/shdpb.s'tteplam~ahael Very truly yours, Town of Southold Planning Depattment Staff Report Project: Raphael Vineyards 2009 Preparen Kristy Wmser, Senior Planner Date: December 21, 2009 I. Site Plan Information Site Plan Name: SCTMN#: Street Location: Hamlet: Type of Site Plan: Property Ownen Applicant: Agent: Site Plan Prepared By: Date of Map: Date of Submission to Planning Board: Raphael Vineyards 1000-85-3-11.4 &l 1.3 39390 Main Road, Peconic Peconic Amended Raphael Vineyards Inc Same Gall Wickham Ira Haspel 6/11/09, last revised 11/10/09 12/03/09 II. Descrpfion of Site Plan Project Proposed Construction Type: New ZONING DETERMINATION: AC District -permitted use, requires site plan approval. This amended site plan is for the comtmction of a 3,112 sq. ft. building to used as a winery on a previously developed and approved 50.4-acre pan:el in the Agricultural Comervation Zoning District. III. Site Analysis SEQRA CLASSIHCATION - Unlisted Action coordinated review This is a previouslydeveloped site having a 19, 000 sq. ft wineryapproved in 2002. The site is approximately 50 +acres whereas; development rights have been sold on to the Town on approximately 43 acres and the remaining 6 acres is subject of the proposed site plan. The new building as proposed is 6, 244 sf. ft for a second winery building. The applicant has 36 parking stalls existing and 28 hnd banked (total 64) previously approved in connection to the original winery. The new building requires 20 panking spaces whereas the applicant is providing 30 stalls in this area (10 additional in this area) having a total of 66 parking stalls for the winery uses, 7 stalls short from the 73 total required on site. However the applicant is providing an overflow parking area for 50 parking spaces designated as the land banked area. IV: Permits and/or Review Required From Other Agencies · Southold Fire District · Building Inspector Certification · Drainage review from Town Engineer · LWRP review for consistency · ARC · SC Health Department · SC Planning Commission V: Staff Recommendations - The Planning Department recommends the Phnning Board accept the application for review and refer the application out to the above agencies for comment. Staff recommends that the Planning Board to consider the following: V: Materials to aid in review · Aerial view of property SI~ WORK SESSION AGENDA ~) THOLD TOWN PLANNING BOARD Monday, December 21, 2009 4:00 p,m. 4:00 p.m. Applications -~t~? ["'~'"~'~'~-~-~-~'~--~roxi~"~ ~eet s~"~ Or~'~a~ Description: This site plan is for the constru~ion of a 6,000 ~, ff. addition to an existing 1,263 ~. ff. building having a total of 7,263 sq. fi. of building to be u~ as a ~r~rj~r~_~_~_.~_~q[~.~_~r~l ~.~.~.~...~g~ I~t~i~l_~ni~g District. _P_r _oject name: Location: Description: Status: Action: Raphael Vineyards ~ SCTM#: ~"~00-85-3-11.3 & 11.4 South side of Main Road, approximately 520 feet west of Indian Neck Lane, Peconic This amended site plan is for the construction of a 3,112 sq. ft. second winery building on a previously developed and approved 50.4-acre parcel in the ~g ric_u[t_u_ra_ I_C o__n s_e ~_a_tj_o n Z _o.n_!..n_g_.D_ i_s.t_r..!.c_t_~ ................................. Amended Site Plan Consider accepting the application for review and refer the application to involved interested .a_g_e_n__ci__es_.~o_r__c_.o__.m__m_e_n_~;_ P__r_oj~_c~_n_.a__m_~; .......... _o_m.n_ip~o_int co_m_mu_n_ic~a_t.i_o_n_s~ ............. I SCTM#: 1000-102-1-17.1 ........ ._Lp_cat___ip_n_: ....... __T_h~e__P_r_esb~/terian Churc_l~__o._r__S_o__c.i__e_~L_o_f_._C._u.t_~_h_o~ue 27245 Main Road Description: Wireless communication facility with interior mounted antennas in an existing church steeple and a related storage equipment area outside the building and screened from view. As part of the application, the applicant proposes to remove and replace a portion of an existing church steeple to match the existing church building on a 0.91-acre site located in the R-40 Zoning_ District. Action: Review estimate for technical consultant review. ......................... _A__tt_ac~h_m_en__t_s_: ....... Letter from Walter Cooper _P__r_o.j_e~ct_ n~ame_: ............ Edson/Christmas Tree Farm Stan_d_..._~:r-M#: '~-~D-0:~-~:-~- .................... Location: ~ o rt h---~i-(~"(~f--~ .-F~:-~ 5~ C~u~ c-h o-g-U e Status: N/A - no _a£plication before Plannin(3 Board at this time Acbon: J Review ZBA comments re: site plan r~luirement ~luestion. Location: Southwest corner of Wells Road and State Route 25 in Peconic 3tion: 80/60 Conservation Subdivision on 32.83 acres of land. Lot 1 equals 65,562 sq. ft., Lot 2 equals 77,6S4 sq. ft., and Lot 3 equals 2S.5416 acres and is proposed to be preserved through a Sale of Development Rights to the Town of Southold Status: Sketch Approval Acbon' Rewew cost esbmate for draina e Determine next steps to Final Approval ~ ~t. aq_h..m_e_nt s_j: ..................... Sta_ff._.R_e_p~_ PROJECT SCOPING W/Building PLANNING APPLICATIONS Friday December 4, 2009 11:30am -15~'ect ~-~: ............. as~'"~'~-t- ...................................... ~i-S_-C~VI~; 84-1-32 1 "'ocation: __j_ 6245 Cox lane Cutchogue ........ Description: J Proposed 2,520 sf addition to an existing 3,150 s.f storage building with Project Name: ~_T-moblie Northeast, LLC l SCTM# L 31-3-11 31 Location: ..................... f ~-~-M-a~ ~-~..'~- ..................................................... ~-~s~_~.~--- ~ c~:~~n-~-n-~-n-~-d ~q-~t ~~ting tower ~ [~ojgct name: = Twin forks Landscapm~ ~ SCTM#'1 83-3-8 ........Location:;- ...................................................................................... ~8~405 cox lane Cutchogue ' .... ? S -fit i ................ i~-~r~ ~-~-0-,~. ~-to an existing ~-~-:':i, Zrd~i I building having a total of 7,263 sq.ft, for a storage building for a ........................................ ~_.~.o_n.t_r_a_ctqr__s__y~_r_d. 9_~.A~ ac.r..9_l_o_t m the Lig_.h_t Industrial Zonm~ District. Status: ~I_ New site plan ........................................................ Project name: ~ Raphael Vi._nxards ~ SCTM#: [ 85-3-11.4 &l 1.3 [-'~'ocationy .... -T'Pec~-n~-- .................................................................................. [_D__~scnpt~on_,'_ ........ i_~ T_h.i_~ site plan ap_plication is for a new building to an existing site plan. Attn: Ms. Kristy Winser Soulhold Toxin Planning Board Post Office [?,ox I 179 53095 Main Road [ \\t, ()FII£1 S WICKHAM. BRESSLER. GOPd')ON & GEASA. P.C. 13015M\l'x P,()AD. P.O BOX 1424 ~lll IkM \~ICKIIAM(06-02} Illll ~X NO 631-298-~565 ~ ~k~ b aw a~lxon~ I.L¢L~,/k ). 631-249-9484 No\ ember 2~72000 ~ - :' * Soathold. Nex~ York 11971 Re: Raphael Vineyards/Site Plan Application to Cotastrmff Second Winery. Building Premises: 39390 Main Road, Peconic, New York 11958 SCTM#: 1000-85-3-11.4 & 11.3 I)car Krist): I'he lbllo,xing ilcms are enclosed in connection with site plan approval lbr the aboxe matter: 1. Site Plan Application Form to construct ti second x~ iner)building; 2. Notice of l)isapproval dated July 7. 2009: Part I of the Environmental Assessment Form; 4. Three copies of the Site Plan with surxc>s (2) attached: we will supply slx additional prints il' needed for your referrals oncc wc determine x~ hcthcr there are any preliminary changes required to the map; 5. l'ransactional Disclosure Form: 6. Applicant's Affidavit; 7. Agent Authorization (Consent): 8. I.WRP Consistency Assessment Form: O. Application Fee in the amount ors 561.00 pa3able to Town of Southold. I'lcasc adx isc of the meeting date at which this lnatter will be discussed. Vcrx truly yours. / Abigail A. Wickham License Type Code Classifications DRUG STORE BEER: Beer license for off- premises only by bonafide pharmacies (take out). GROCERY STORE BEER: Beer license for off- premises only by bonafide groceries (take out). GROCERY BEER/WINE PRODUCT: Off- premises beer license as listed above, see "Grocery Store Beer". Additionally a "wine product" is defined as a beverage containing wine with added juice, flavoring, water, citric acid, sugar and carbon dioxide, not containing more than six percent alcohol by volume (typically referred to as "wine coolers"). DRUG BEER/WINE PRODUCT: Off-premises beer license as listed above (see "Drug Store Beer/Wine Product"). Also note "Wine Product" definition under "Grocery Beer/Wine Product". EATTNG PLACE BEER: For on-premises (consumption on the premises) beer. Food must be prepared and served on the premises to satisfy the SLA that the sale of beer is incidental to and not the prime source of revenue for the premises. Beer may ALSO be sold for off- premises consumption (take out). HOTEL BEER: A hotel is a building used for the regular feeding and lodging of guests. This may also apply to apartment situations whereupon the keeper of such hotel provides meals in a restaurant for occupants. License includes room service situations as well as sale for "off- premises" consumption (take out). CLUB BEER: Does NOT refer to "nightclub" or "private" bar where the applicant wishes to restrict admission to certain classes or groups of people. A "club" refers to an organization of persons incorporated under the "Not-for-Profit Corporation" law or the "Benevolent Orders" law, and which is the owner, lessee or occupant of the building used EXCLUSIVELY for club purposes. An Alcoholic Beverage Control officer must be appointed to act as a liaison to the SLA. This license allows for consumption of beer on the premises for members and guests. BALL PARK BEER: For on-premises consumption of beer at baseball parks, racetracks, and other athletic fields and stadia OTHER than those L][QUOR STORE: For the sale of liquor and wine (no beer) for consumption off the premises. The only additional items allowed to be sold, such as ice and corkscrews, are listed in the ABC Law. Only one license is allowed per person (corporation, partnership, etc.). HOTEL LIQUOR: See "Hotel Beer" for definition of "Hotel". Allows consumption of liquor, wine and beer on the premises, including room service. Allows for consumption off the premises, sale of beer only (not liquor or wine). The holder of an "HL" license may apply for a "Hotel Off- Premises" (HOP) permit to sell liquors and wines for off-premises consumption provided there is no liquor store in an eight mile radius. CLUB LIQUOR: Does NOT refer Lo "nightclub" or "private" bar where the applicant wishes to restrict admission to a certain group or class of people. See "Club Beer" for definition of Club. License allows consumption for on the premises for liquor, wine and beer for members and guests. The club IviUST appoint an ABC Officer. CATERTNG ESTABLTSHMENT: Allows providers of food for banquet halls, dining halls, etc., to provide liquor, wine and beer for consumption for an assemblage for a particular function (i.e. retirement dinner, wedding reception, private party) to which the general public is not admitted. This license is for this type of function only. ON-PREMISES LIQUOR: Generally considered to be the standard "bar" license. Allows on~ premises consumption of liquor, wine and beer and also allows for sale of beer (only) for off- premises consumption. Food, such as soups and sandwiches, MUST be served. CABARET LIQUOR: For consumption on the premises, liquor, wine and beer, but for premises specializing in musical entertainment. Nust have a capacity for at least 600 persons. Wi'NE STORE: Not to be confused with the Retail Wine Outlet for a Farm Winery. License to sell W[NE ONLY (not liquor or beer) for off-premises consumption, under the same basic conditions as maintained by EDUCATIONAL Institutions. a Liquor Store. RESTAURANT WINE: License for on-premises consumption of wine and beer in a place where food is prepared in such quantities that the sale of wine and beer is not the prime source of revenue, MICROBREWERY: May produce or brew up to 60,000 barrels of beer. May sell to licensees. May NOT sell to the general public without a brewer's retail permit. May apply for an on-premises liquor license in or adjacent to the brewery. HOTEL WINE: See "Hotel Beer" for definition of "hotel". Allows on-premises sale of wine and beer in both a restaurant in the hotel as well as room service. CLUB WINE: Does NOT mean "nightclub" or "private bar" designed to restrict admission to a specific group of persons, or class of people. See "Club Beer" for definition of "Club". Allows for on- premises sale of wine or beer for club members and guests. The club must appoint an ABC officer. TAVERN WTNE: Allows sale for on-premises consumption of wine and beer. RESTAURANT- BREWER: Commonly referred to as a "brew pub" license. This license allows brewing of beer on-premises, as well as on- premises sale of liquor, wine and beer. The applicant must have a bonafide restaurant. The applicant may have up to five separate locations, and may produce 5,000 barrels of beer per location, not to exceed 20,000 barrels. SUPPLEMENTAL RESTAURANT BREWER: Allows a restaurant brewer to sell for off- premises, wholesale, and outdoor gatherings, up to 250 barrels of beer a year. SCHEDULE OF MANUFACTURER/WHOLESALER LICENSE FEES AND BONDS With the application, you must submit a check or draft for the amount listed below next to the license for which you are applying. If the application is disapproved, the State Comptroller will refund all monies except the filing fee which is $400.00 except for Farm Winery, Cider Producer/Wholesaler and Cider Wholesaler (Beer Wholesaler) which has no filing fee. LICENSE DESCRIPTION FEE BOND DURATION Winery/Special Authorizes licensee to manufacture and $1,275.00 $10,000.00 I year Winery -DW wholesale wine 301 Farm Winery/ Authorizes licensee to manufacture and $175.00 $1,000.00 1 year Special Farm wholesale wine made exclusively from Winery-FW 302 NYS grown or produced grapes or other products and produces less than 150,000 gallons per year Brewer-D 101 Authorizes licensee to manufacture and $6,400.00~ $15,000.00 I year wholesale beer Micro Brewer- Authorizes licensee to manufacture and $900.00 $1,000.00 I year MI 101 wholesale under 60,000 barrels of beer per year Distiller Class Authorizes licensee to manufacture and $50,800.00 $25,000.00 3 years A- wholesale distilled spirits and operate a DA 201 distillery Distiller Class Authorizes licensee to manufacture and $1,450.00 $5,000.00 3 years A-I wholesale less than 35,000 gallons of DA 206 distilled spirits per year. Distiller Class Authorizes licensee to operate a $34,000.00 $25,000.00 3 years B- rectifying plant DB 202 Brewer: $4,400.00 for half year beginning January 1 through June 30. LICENSE DESCRIPTION FEE BOND DURATION Distiller Class Authorizes licensee to operate a $1,744.00 $5,000.00 3 years B-I - DB 205 rectifying plant producing 35,000 or less gallons per year Distiller Class C Authorizes licensee to operate a $937.60 $5,000.00 3 years - DC 204 distillery for the manufacture of fruit brandy Distiller Class D Authorizes licensee to manufacture and $128.00 N/A 1 year - DC wholesale liquor primarily from farm and food products to wholesalers and retailers Wholesale Authorizes licensee to sell liquor and $27,280.00 $20,000.00 3 years Liquor-LL 203 wine at wholesale Wholesale Wine Authorizes licensee to sell wine at $1,520.00 $10,000.00 1 year - WW 303 wholesale Wholesale Beer- Authorizes licensee to sell beer at $1,500.002 $10,000.00 I year C 103 wholesale CO 105 Cider Producer / Authorizes licensee to manufacture and $556.25 $1,000.00 1 year Wholesaler - wholesale cider CD 304 Cider Authorizes wholesaler beer licensee to $156.25 N/A I year Wholesaler sell cider at wholesale to duly licensed (Beer beer, wine and liquor retailers Wholesaler) BC 104 2This amount is for full year. For half year beginning January 1 through June 30th, the fee is $1100.00. revised 01/02/2007 7 WHERE DO I FILE MY MANUFACTURER/WHOLESALE APPLICATION? · Please be advised that the attached application forms are being revised and they contain an incorrect address for mailing completed applications for manufacturer/wholesale licenses. Please mail your application to one of the State Liquor Authority Zone offices listed below which supports the county in which you will be doing business. ZONE1 I ZONE2 [ ZONE3 State Liquor Authority State Liquor Authority State Liquor Authority 317 Lenox Avenue Alfred E. Smith Building Iskalo Electric Tower Building New York, NY 10027 80 S. Swan St., Suite 900 535 Washington St., Suite 303 Albany, NY 12210 Buffalo, NY 14203 Bronx Albany Broome Allegany Kings Clinton Cayuga Cattaraugus Nassau Columbia Chenango Chautauqua New York Dutchess Cortland Chemung Queens Essex Delaware Erie Richmond Franklin Herkimer Genesee Suffolk Fulton Jefferson Livingston Westchester Greene Lewis Monroe Hamilton Madison Niagara Montgomery Oneida Ontario Rensselaer Onondaga Orleans Rockland Orange Schuyler Saratoga Oswego Seneca Schenectady Otsego Steuben Schoharie Putnam Tioga Sullivan St. Lawrence Tompkins Ulster Wayne Washington Wyoming Warren Yates Raphael (aka J Petroce[li Wine Cellars LLC). Principal: John M Petrocelli Catering Establishment license info: License Information Serial Number: 1175597 License Type: CATERING ESTABLISHMENT License Status: License is Active Credit Group: 4 Filing Date: 03/20/2006 Effective Date: 05/01/2010 Expiration Date: 04/30/2012 Premises information Principal's Name: PETROCELLi,]OHN M Premises Name: ] PETROCELL! WiNE CELLARS LLC Trade Name: RAPHAEL Zone: 1 Address: 39390 MAIN ROAD INDIAN NECK RD/SKUNK LANE PECONIC, NY 11958 County: SUFFOLK See list of license types pdf for "catering establishment" license description. Here is the additional bar license. License Information License Type: CATERING ESTABLISHMENT License Status: License is Active Credit Group: 4 This record is for an additional bar. You may view the details of the main bar license by selecting the following link: 1175597 Premises Information Principal's Name: Premises Name: ] PETROCELLI WINE CELLARS LLC Trade Name: Zone: 1 Address: 39390 MAIN ROAD PECONIC, NY 11958 County: SUFFOLK Farm winery license: License Information Serial Number: 1045818 License Type: FARM WINERY License Status: License is Active Credit Group: 1 Filing Date: Effective Date: 03/01/2010 Expiration Date: 02/28/2011 Premises Information Principal's Name: Premises Name: Trade Name: Zone: Address: ] PETROCELLI WINE CELLARS LLC RAPHAEL 1 ROUTE 25 MAIN ROAD PO BOX 17 PECONIC, NY 11958 County: SUFFOLK SITE PLAN TYPE: AMENDED~, NEW WITHDRAWN INCOMPLETE SCTM#1000- {~ -_ ~ .tl.5 ll.;¢ HAMLET: APPLICANT NAME: } ' (~,-2,\ ~.~\ .~_\L.~-. ~ ' v~r~ TEL# (.~). AGENT NAME: k4, TEL# ~ PROP, OSED USE: DEPARTMENT NOTICE: OR N ZBA APPEAl I CONFERENCE (wrrulN 30 DAYS OF WRITTEN REQUEST) N,\ NOTES: INFORMAL REQUEST FOR REVISIONS: APPLICATION REUEIVED DATE:~!~:/ *~/~0, APPLICATION PROCESS DATE: PAYMENT RECEIVED: AMOUNT RECEIVED:$ xriw SP: $500./ACRE &.10/SF, A/vlENDED SP: $250. + .10/SF, AGRIC SP; FLAT $500 FEE AMOUNT: ($ .00X =$ )+($.10X sr=$ )=$ NEW APPLICATION WORK SESSION (WITHIN l 0 DAYS OF RECEIPT), PB ACCEPTED y OR N APPLICANT ADVISED OF NECESSARY REVISIONS (grlTHIN 30 DAYS OF REVIEW) BUILDING DEPARTMENT M~EETING 100-254B3 (WITHIN 30 DAYS) q'OTES: REVISED SUBMISSION P,~CEIVED: NOTES: DAT~ / / / / (WITH MAPS=W/p) TYp~.: :NEI ...... REFERRED DATE NOTES A~,'~t^. ,',^--. ' ' ~ J..~/.~C[/#-t I ,/ ' ~ ~/~ ./~, . . LDING DEPARmENT CERTIFI~TION: ~ ~ O~a .~ ~ PROJECT SCOPING WI Building PLANNING APPLICATIONS Friday December 4, 2009 11:30am Corazzini asphalt [._'[ocatio~ ............. 6245 Cox I~e, Cutchogue [~es~'~ ............... Proposed 2,520 sf additio~-~-a-~-~ti-n~50 s~'s~a~-b'~l~'~g wi~-~ Status: New site plan t P.roj~ct Name: ll._Descd P_t.i.0 n~.' T-moblie Northeast, LLC East Madon F.D. i Status: , Co-location of antenna and related equipment onto an existing tower _A_pplicant received a Notice of Disapproval 10/15/09 ...... ~ ................. : ........... ~ .................... ~PJ_Lg.L ............ Z ............ ~-} 83-3-8 Location: 8405 cox lane, Cutchog_ue "-[~S~'~;ii~-tion: ................ , This site plan application is for a 6,000 sq. ft. addition to an existing 1,26~! ' building having a total of 7,263 sq.ft, for a storage building for a ,- ............................... ~__cg_._n..t_r. ac__to r'_~s~.__a_rd_ o__n_a_ .~!.... ac_r__e_ I_o_ t_iEth_e_~jg~t In_d ustd_a_!_Z__o~i_ng D s~tLct_ ......... ' ~t_a_t._u~L ...................... · .__N_e_ ~_~i_t e_.pla n ~'~-~e-~ ....... ~_R_aphael Vin~_ards ~S(~:~-1~85-3-11 4 &l 1.3 ~""~ti~: ........ ~coni~ ....................................................................................... ~-beSCdDti~' ~This site nlan~'Al~atio~is~"-~-ne~-~ild~--'~o~ e~isti~t~--la~ ...... Status' ~mended site ~lan TOWN OF SOUTHOLD PLANNING BOARD SITE PLAN APPLICATION SECTION A: Site Plan Name and Location Site Plan Name: Raphael Vineyards New Winery Application Date: I1 / 10 / 09 Suffolk County Tax Map#1000- 85 - 3 11,4& 11.3 Other SCTM #s: 1000-85-3-11.2, which is part of the premises but to which development rights have been sold to the Town o£ Southo±O, ~3.64~3 acres. AIl computations are based on only the Reserved Area, 11.4 & 11.3, 6.8365 acres. Street Address: 39390 Main Road Hamlet Peconic Distance to nearest intersection: 521.59 feet west of the intersection of the westerly side of Indian Neck Road and the southerly side of the Main Road ~ . Type of Site Plan: New X Amended Residential - If Amended, last approval date: I /o~.5//~q~ ~,,~*.~ .................. :..,¥ ~,~ SECTION B: Owners/Agent Contact Information } ! '~ ' ~ Please list name, mailing address, and phone number.for the people below: Property Owner Raphael Vineyards, Inc. Street 39390 Main Road City Peconic, Office ~,~e Telephone State N.Y. 765-1100 Other :Zio ;:'11958 298-8353 (agent) Applicant Raphael Vineyards, Inc. Street 39390 Main Road City Peconic, State N.Y. .Zip 11958 Office i-km~xTelephone 765-1100 Other 298-8353 (agent) Applicant's Agentor Representative: Additional Agent: Ira Haspel Architect, P 59945 Main Road, Southo 631-765-2075 Contact Person(s)* Abigail A. Wickham, Esq. Email: ihaspel@irahaspe Email: wwblaw@aol.com Street 13015 Main Road, P.O. Box 1424 City Mattituck, State N.Y. _Zip 11952 Office Telephone 298-8353 Other same *Unless otherwise requested, correspondence will be sent only to the contact person noted here. Page 2 of 3 SECTION C: Site Data Proposed construction type: New Property total acreage or square footage: X Modification of Existing Structure Change of use 6.8365 a c ./~i~:x~k Site Plan build-out acreage or square footage: ff/,2~ac./sq, ft. (/T-~,,3~ L/~,:) __Agricultural lis there an existing or proposed Sale of Development Rights on the property? Yes X No On Tax Lot 11.2, If yes, explain: tDevelopment Rights have been sold to the Town of Southold to /43.6463 act s Property Zoning District(s): A-C Building Department Notice of Disapproval Date: 7 / 7 / 09 Is an application to the Southold Town Zoning Board of Appeals required? Yes __ If yes, have you submitted an application to the ZBA? Yes__ No__ If yes, attach a copy of the application packet. No x Show all uses proposed and existing. Indicate which building will have which use. proposed per building, indicate square footage of floor area pet' use. List all existing property uses: List all proposed property uses: Other accessory uses: barn, shed If more then one use is Agricultural (vineyard) with winery/tasting room Agricultural (vineyard) wigh winery/tasting room and second winery :~fiilding. Existing lot coverage: 10.04 % Proposed lot coverage: 12.25 % Gross floor ar~ea of existing structure(s): ]c]:a~,~'q sq. lt. Gross floor area of proposed structure(s): /% Parking Space Data: # of existing spaces: 36 # of proposed spaces: 66 Loading Berth: Yes No X Land bank spaces: 50 3,112 sq. ft. Landscaping Details: Existing landscape coverage: 82.5 % Proposed landscape coverage: 75.27 % Waterfront Data: Is this property within 500' ora wetland area? Yes No X lfyesexplain: I, the undersigned, certify tha)~e ab~ove~infor/nation,Y,~ true. Signature of Preparer: /~/~/~/~/~ Date: -//' /-- ' ' age3of3 The 'fow~ of Soutbold's Code of Ethics prohibits conflicts of interest on the part of tOWN officers aud employees. The purpose of this form is to provide lr]formstioe which can alert the town of possible collflic~s of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME~ JOHN PETROCELLI (Last ~tame, first name, middle lnitl~'L, unless NATURE OP A['P[.ICATION~- (Check all that apply. ) ~ax grievance Varia!tce Change of zone Approval of plat Exemption from plat oc offic[a! map Other X (If "Other," name the activity.) Site Plan Application ownership of (o[ employment by) a corporation i, ~hich If you answered 'YES,' complete the balance of this form and Name of person employed by the Town Of Soutl%old Title or posit~on of that person Describe the relationship between yourself (the applicant) and the town officer o~ employee. Either check the appropriate line A) through D) and/o~ 4escribe in the space p~ovided. The town office~ o~ employee or bis or her spouse, sibling, parent, or child is (check all that apply), DESCRIPTION OF RELATIONSDIP APPLICAN~ AFFIDAVIT ':SI'ATE OF NEW YORK COUNIY OF SUFFOLK JOHN PETROCELLI being duly sworn, deposes and says thai; he resides at 100 Comac Street, Ronkonkoma, New York 11779 in the State of New York, and that he Is the owner of the above property, or that he is the President Of the Raphael Vineyars, Inc. (Title) (SpecifY whether Pafc~ershlp or Corp.) which is hereby making application; that there are no existing structures or Improvements on the land which are not shown on'the Site Pian; that the title to the entire parcel, Including all rights-of-way, has been clearly estebllshed and Is shown on said Plan; that; no part of the Plan Infringes upon any duly filed plan which has not been abandoned both as to lots andas to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing oF Site Plans and will comply with same; that the plans submitted, as approved, will not be altered or changed in any manner without the approval o¢ the Planning Board; and th3t the actual physical ImprovementS will be Installed In strict accordance With the plans subm~)~ ~ (Owner) John Petrocelli Signed ?~r esident (Pa~ner or Corporate Officer and Title) Sworn to me this (Nora ry(~j~llc) - .~J~ 2009 DONNA McGAHAN Notary Public, State of New York No, 01MC4851459 Qualified in Suffolk County Commission Expires Aug, 18,~11~ Z.O/O CONSENT - AGENT AUTHORIZATION Re: Premises: Raphael Vineyards, Inc. 39390 Main Road, Peconic, Nes~ York 11958 SCTM#: 1000-85-3-1 i.4 & 11.3 John Petrocelli, President of Raphael Vineyards, Inc., the owner of thc above referenced property (the "Premises"l. docs hereby consent to his attorneys. Wickham, Brcssler. Gordon & Geasa, P.C.: his architect, Ira ttaspel Architect. P.C.. his surveyor, Jeffrey S. Bausch, P.L.S., P.C., his engineer. Aldo Andrcoli, P.E., and any engineers. agents, or uther contractors retained b3 any of thc above and any of their reprcscntatives and/or agents, to make applications tn any authorities or agencies having,jurisdiction over said Premises tbr site plan approval of the Premises. including without limitation Town of Southold Planning Board. Town of Southold Building Department. Suflblk Connty Department of Health Services. Sul'lk)lk County Water Authority and NYS Department of Transportation, and tbr any other matters required to obtain such approvals. 'I his authorization shall include all matters in conne~ with those, ,zlpp, licatim]sd John Petrocelli Sworn tn before mc this , oo9 Nod~l~'16ublic DONNA McGAHAN Notary Public, State of New York No. 01MC4851459 Qualified in Suffolk County Commission ~pires Aug. 18, ~ FORM NO. 3 NOTICE OF DISAPPROVAL DATE: July 23, 2009 TO: Raphael Vineyards c/o Abigail Wickham,, Atty. P.O. Box 1424 Mattituck, NY 11952 Please take notice that your application dated July 7, 2009; For permit to construct second winery building: Location of property: 39390 Main Rd., Peconic, NY County Tax Map No. 1000 - Section 8~5 Block 3 Lot 11.4 Is returned herewith and disapproved on the following grounds: The proposed construction is a permitted use on this lot located in the AC zone Pursuant to Article III, Section 280-13(4)(d), the proposed use require site plan approval from the Southold Town Plarming Board. Authorized Signature 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 TOWN OF $OUi'HOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.ne~ Examined ,20 Approved Disapproved a/c .20 Expiration ,20 PERMIT NO. BUILDING i~IvlIT APPLICATION CHECKLIST Do you fiave or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: .... 'T BLDG I~EPI ~ Building Inspector ~ATION FOR BUILDING PERMIT Date INSTRUCTIONS 20 ,filled in by typewriter or in ink and submitted to the Building Inspector with 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 premtses or public streets or ~reas. and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit ~hall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in pan for any purpose what so ever until the Building Inspector ssues a Certificate of Occupancy. f. Every building permit shall expke if the work authorized has not commenced within 12 months after the date of ssuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the )rope~q7 have been enacted in the interi[n_, the Building Inspector may authorize, in writing, the extension of the permit for an tddition -s/x month~.~ Thereat~er, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the ~uilding Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or [egulations, for the construction of buildings, additions, or alterations or for removal or demohtion as herein described. The ,pplicant agrees to comply with all applicable laws, ordinances, b~fflding code, housing code, and regulations, and te admit tuthorized inspectors on premises and in building for necessary inspections. ' ~igna~ure o'f applicant or~ame, if a corp~-a~i~r]) (Mailing address of a~.plicant) ltate whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder qame of owner of premises (As on t~e tax roll or 1/ate~t deed) f applicant i~.~orpor~tioo, ~i~aatu~ej~f duly authorized officer ~lders LicenseNo. ' :' L. ~l~bers Licmse No. zlectnc~s L~cense No. )~er Trade s License No. L~on w~qh prCposeclmwgrk will..~ done/,, 2 , ~ ~ ~ House Nm~~ "S~eet ' ' ~~ " - Hmlet --/ ~l/ ~ Co~tyT~MapNo. 1000 Serlio* Cf Block~ ~t .~% ' Subdivision ~ Filed Map No, ,' Lot 2. State existing use and occupancy ofprenfi~es an~L/~ntended use and occupancy of proposed construction: a. Existing use and occupancy ~c_.~ ~t ~ b. Intended use and occupancy 3. Nature of work (check v~hich applicable): New Building. Repair Removal Demolition 4. Estimated Cost 5. If dwelling, number of dwelling units If garage, number of cars L--'""'""~ Additio n Other Work Fee Alteration (Description) (To be paid on filing this application) Number of dwelling units on each floor 6. Ifbusinessr comm, ercial or mixed occupancy, spe~~extent of each type ofuse.~.~ f any: Fr~,, ear Depth Height ~umber of Stories ~ "' -- - ~mens~ons of same structure w~th alterations or additions. Front ,, , :. _.. .... Re~{: Depth Height Number of Stories 8. Dimensions of entire new construction: Front Rear , ,,~.~,.~- s' ' .... Height 07,3 z ~ ~ Number of Stories ~ ! 10. Date of Purchase /' ~)~D~ Name o£ Former Owner ,~F'~-P-~q~-4; 11. Zone or use district in which premises are situated 7~ ~ proposed construction violate any zoning law, ordinance or regulation? YES NO 1 2. Does re-graded? YES NOXWill excess fill be removed from. premises? YES NO.~ 1 3. Will lot be ' ~fmhone No. _ ,2~ ~___~,~ 14. Names of Owner ofpr~jnise~ddress _~o ~'~) Name of Architect ~ W~t,~_~ ¢t Address 7/~ _G---?,O-2?U' Phone Name of Contractor ~ Address -Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet ora tidal wetland? * YES__ NO * IF YES, D.E.C. PERMITS MAYBE REQUIRED. survey, to scale, with accurate foundation plan and distances to property lines. ~ 16. Provide at any point on property is at 10 feet or below, must provide topographical data on survey. /~//,~, 1 7. If elevation 18. Are there any covenants and restrictions with respect to this property? * YES NO tX * IF YES, PROVIDE A COPY. STATE OF NEW YORK) C OLrNTY OF~~: ,~,~/~.,z~//__ ,~. Z,{,//'F'~ bcqng duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract] abov~ named, CONNIE D. BUN~Yrl ~' (~Co~tra Notaly..Publ~, State of New Y~r~ (S)He is the r~0. 01BU618.,"050 O,.!al~i~Suffolk. C~n~t_ .. ctor, Agent, Corporate Officer, etc.) O~nml~lon expires ~pn~ of said owner or owners, and is duly authorized to perform'or have performed the said work and to make and fde 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 mc this ~ ,~.- : '7'pO dayof ~7~r~,~.''~ '200~ Nbtary Public - - Signature of Applicant ~ ~ TO: FORM NO. 3 NOTICE OF DISAPPROVAL Raphael Vineyards c/o Abigail Wickham,, Atty. P.O. Box 1424 Mattituck, NY 11952 DATE: July 23, 2009 Please take notice that your application dated July 7, 2009; For permit to construct second winery building: Location of property: 39390 Main Rd., Peconic, NY County Tax Map No. 1000 - Section 85 Block 3 Lot 11.4 Is returned herewith and disapproved on the following grounds: The proposed construction is a pemfitted use on this lot located in the AC zone. Pursuant to Article 111, Section 280-13(4)(d), the proposed use require site pltin approwat from the Southold Town Planning Board. i ~ ~ ' '"' ~*~- 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 Page 1 of I Winser, Kristy From: wwblaw@aol.com Sent: Thursday, July 16, 2009 1:20 PM To: ihaspel@irahaspel.com; Winser, Kristy Subject: Raphael Vineyards - Belgian Block James Richter advised me that the concern with belgian block is that when used along roads to be dedicated to the Town of Southold, it tends to break off and enter the roadway, requiring removal and replacement. Since this is an interior road on a site plan, and since there is already belgian block on the original driveway/parking section, he sees no reason why it can't be continued around the new parking area. I believe we are still waiting for the Notice of Disapproval from the Building Dept. before an amended site plan application can be submitted. Gall Wickham Abigail A. Wickham Wickham, Bressler, Gordon & Geasa, P.C. 13015 Main Road, PO Box 1424 Mattituck, NY 11952 631-298-8353 Fax 298-8565 S_ T R E_._T C H_ ygu_[techno]ggy do ars wth gLeat la_pto_p d..e_a.l_s from Dell! 7/16/2009 FOR INTERNAL USE ONLy SITE PLAN USE DETERMINATION Initial Determination Date Sent: 7 //,~ / O~ Suffolk County Tax Map No.:1000- Request:--~¢_~'O~0/ ~t/)(/~/ (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: /~/L~d' t~ /0~O~/'71 o~¢'A, Initia,[ Determination as to whether ,site plan is required: ~ -/~,~ Signature of Building Inspector Planning Depar[ment (P.D.) Referral: P.D. Date Received: ~i / \/ / 00'~ Date of Comment: ? / 1~'~/ (~c;~ Comments: .,/Y ¢,'- Final Determination Signature of Pla~g...D, ep~t.l~S~j~e~j'_~,~/, er Date: Decision: Sianature of Buildin~ Inspector TOWN OF SOU FHOLD BUILDING DEPARTMENT TOWN HALL SOUTHOLD, NY 11971 TEL: (631) 765-1802 FAX: (631) 765-9502 SoutholdTown.NorthFork.net Examined ,20__ Approved ,20__ Disapproved a/c Expiration ,20 PERMIT NO. BUILDING P~[MIT APPLICATION CHECKLIST Do you have or need the following, before applying? Board of Health 4 sets of Building Plans Planning Board approval Survey Check Septic Form N.Y.S.D.E.C. Trustees Flood Permit Storm-Water Assessment Form Contact: Mail to: Phone: Building Inspector 2ATION FOR BUILDING PERMIT Date INSTRUCTIONS filled in by typewriter or in ink and submitted to the Building Inspector with 4 sets of plans, accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e. No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. £ Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months fi'om such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim, the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. ' ~Signa~are o'fapplicant or~ame, ifa corpo ' m (Mailing address of agplicnnt~ State whether applicant is owner, lessee, asest, architect, engineer, general contractor, electrician, plumber or bsilder Name of owner of premises (As on t~e tax roll or tYatest deed) If applicant i~orpor~ti9,9, ~igaatilve~Cf duly authorized officer (N~mTn/ancS~'iile Of corporate officer) - - Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. Loc~n which pr¢poseckwork will_he done: _ House Num~bei Street ' ~ ~Z~.-.,~_-..,'*. ,- '/ - ' ~ ~ t~ ~1~ ~ ~ ~ .~ H~let Co~ty Tax Map No. 1000 Section ~ Block ~ Lot Subdivision ~ Filed Map No. Lot ~ 2. State existing use and occupancy ofpren~es an~k~intended use and occupancy of proposed construction: a. Existing use and occupancy ~c.~ b. Intended use and occupancy. ~.,~ 3. Nature of work (check which applicable): New Building g'''''/Addition Alteration Repair Removal Demolition Other Work 10. Date of Purchase (Description) 4. Estimated Cost ~ Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units Number of dwelling units on each floor If garage, number of cars I f busines~omm~ixed occupancy, spe~~e~xtent o f each type o f use./TJMx.)/~~. DimensilSns of__ex_istin, g s_,...~c~t}tr, es, if any: Fro. t ~ X/~r,J:5~ear Depth Height q~w, li~mi(~umber of Stories ~ , .... D~mens~ons of same structure w~th alterations or add'rt~ons: I~ront Depth Height Number of Stories 6-0/ Dimensions of entire new construction: Front Rear ~. Height o~3 / "~ ~ Number of Stories / ~ Name of FomefOwner 11. Zone or use district in which premises are situated 12. Does proposed construction violate ~y zoning law, ordinance or re~lation? YES NO re-~aded? YES~ NO.Will excess fiI1 be removed from 1 3. Will lot be 14. Nines of Owner of pr,ise~ddress~ ~~ ~Phone No. N~e of Architect ~ ~ ~ Ad,ess Name of Con,actor ~ Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES__NO * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO ~-xx' * 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 l0 feet Or below, must provide topographical data on survey. 18. Are there any covenants and restrictions with respect to this property? * YES NO IX * IF YES, PROVIDE A COPY. STATE OF NEW YORK) COUNTY OF~: ,~4~ ]~-~?d_ ,~. Id.//'C~zZ/O~/), being duly sworn, deposes and says that (s)he is the applicant (Name of individual signing contract) above named, CONNIE D. BUNCH N0tav/P~Uic, $tat~ of Ne~ Yorg r No. 01BU6185050 (S)He is the Oualified in Suffolk goun~_ . actor, Agent, Corporate Officer, etc.) Oommissio~ Expires Apr. ~.,*, ~u~ of said owner or owners, and is duly authorized to perform or have performed the said work and to make and file this application; that all statements contained in this application are tree to the best of his knowledge and belief; and that the work will be performed in the manner set forth in the application filed therewith. Sworn to before me this ~ // ~ dayof _~ 200~' Nbtary Public - - Signature of Applicant ~ t ,,TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET t ~ C~._~ 9 ~ VILLAGE DIST. SUB. LOT ~C~,M E'R O~/~NERI N E ~ ~,O S W ~PE OF BUILDING ~ s~s. w. ~~ ct~~ ~,. ~,cs. ~,.w,u. F~ ~ND IMP. TOTALDATE R~RKS / ~o ~~ ~z~oo,,l~/~/~, ~/,/~s~v~o~~ - V~lond~' ' --F~ ON ROAD touse Plot /~ 'oral kOR TRIM ~$-3-11.4 4/01 Extensi( Porch Porch Breezeway Garage Total ~e_~ Foundation Basement Walls Fire Place Type Roof [ecreotion Room Dormer %(;, Beth Floors Interior Finish Heat '~ ce~ R. ooms 1st Floor Rooms 2nd Floor Driveway Dinette I<. LR. DR. BR. FIN. B COLOR ~ Extensk ~ ? Porch P°rc/~,~dr~: wV Breezewav Goroge 0.8. T°tal ~e~u~ r Basement 12~ ~" Ext. Walls Fire Place Type Roof ~ ~,ecreation Room Dormer I Interior Finish Heat ~~ Rooms 2nd Floor Driveway Dinette K. LR. DR. BR. FIN. B -~ File Edit ¥~ew Toolbar Window Held ~85-3-11 2 473889 Southold Reactivated R/S:1 RaPhaelVine~atdslnc RollYear: 12010 Next Y~ Landrights 39390 ;Route 25 L~nd S~e: 43.G5 acres School: Southuld School Land AV: 5.500 I-oral AV: 5.500 ~ RPS YerSion 4 ~ File Edit Vie~,~ Toolbar Window Help i'- JR~Phael ¥ineya~d~ [Own J~,~: File Edit View Toolbar Window Help 473889 Southold Reactivaled RZS Roll~ar:~2010 NexlYr Vine?afd LandAU 3.600 LahdSize 5_00 acre~ T~aIAV: 42.900 PLANNING BOARD MEMBERS BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE RITCHIE LATHPJ~, JR. RICHARD CAGG1ANO P.O. Box 1179 Town Hall, 53095 State Route 25 Southold, New York 11971-0959 Telephone (631) 765-1938 Fax (631) 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: From: Re: Michael Verity, Principal Building Inspector Victor L'Eplattenler, Senior Plann~/~ Approved Site Plan for Raphael vineyard Main Road, Peconic SCTM: 1000-85-3-1 Date: February 15,2002 Planning Department Staff made an inspection of the above project on this date. All elements of the approved sits plan, Including the handicapped parking spaces and required loges, on a paved asphalt pad In the appropriate location, have been completed. In addition, the outdoor lighting has been modified to reduce the intensity and minimize the amount of light shining onto Rt. 25, and within the site Itself. Since all conditions have now been met, the Planning Board recommends that a final Certificate of Occupancy be Issued. 4 J Z {.4 Rapbael Vineyards, Inc. Amended Site Phm S('TM#1000-185-3-11.4, 11.3 39390 Main Road. Peconic, NY 11958 logan of Southold EWRP CONSISTENCY ASSESSMENI' F()RM 13. DESCRIPTION OF SITE AND PROPOSED ACTI()N SCl'M# 100(/ 85-3-11.4, 11.3 PR()JECT NAME Raphael Vineyards Ncx~ Winer,~ lhe Application has been submitted to (cbeck appropriate response): logan Board Planning Dept. X_ Building Dept. ~ Board of Trustees ZBA I. Calegor5 of Town of Southold agency aclion (check appropriate response): (al Action undertaken directly by Town agent> (e.g. capital construction, planning activity, agency regulation, land transaction) lb) Financial assistance (e.g. grant, loan, subsidy) icl Permit. approval, license, certification: X (Amended Site Plan) Nature and exlent of action: To construc~ second winery building; Proposed building is a one slor.~. 3.112 Sq. [:t. building with storage basement and 14' X 25' covered veranda area. I,ocation ol'aclion: 39390 Main Road, Southold, NY 11958 Site acreage: 6.8365 acres (plus 43+ acres of farmland with development rights snld to Soulhold ['own. Tax Map No. 11.2. Present land use: A-C Winery and vine?ard agricultural, v, ith residence Present zoning classification: A-C 2. If an application for the proposed action bas been Iilcd with the Town of Southold agency, the Ibllo,Mng infornmtion shall be provided: la) Name of applicant: Raphael Vineyards. Inc. tb) Mailing address: 39390 Main Road. l'econic. NY 11958 to) Telephone number: Area Code (631) 765-1100 X 100 or to agent, 298-8353 Id) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency'? NO Il'yes, which state or federal agency? I)EVELOI~ED COAST POLICY I'olic.~ l. Foster a pattern of development in the Town of Southold that enhances communit) character, prcscrves open space, makes elt~cicnt use of infrastructure, makes beneficial usc ora coastal location, and nfinimizes adverse effects of development. See LWRP Section Ill Policies: Page 2 for evaluation criteria. Yes No (Not Applicable ) YES. Ihis project uses space in the Reserved Area set aside by the l'own of Southold for building area M~cn it acquired thc development rights to the farmland, thereby lbstering the pattern of preserving open space and using existing infi'astrucmre and developed ama to the extent possible. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See I,WRP Section iiI Policies Pages 3 through 6 for evaluation criteria YcsNo (Not Applicable) NOTAPPLIC,\BI,E Policy 3. Enhance visual quality and protccl scenic resources throughout the Town of Southold. See I.WRP Section 111 - Policies Pages 6 through 7 Ibr evaluation criteria Yes No (Not Applicable) YES - This project uses thc development area of thc farmland prcscrvation program, and the building will be set behind existing vineyard to minimize visual impact. It's location and design will enhance the visual atmosphere of users of the facility by proxiding views over the preserved farmland. NA I'[tRAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See I,WRP Section 111 - Policies Pages 8 through 16 i-bt ewfluation criteria Yes No (Not Applicable) NOT APPI,ICABI,I:, I'olic? 5. Protect and improve water qualit3 and snppl3 in the Town of Southold. See LWRP Section 111 Policies Pages 16 through 21 for evaluation criteria Yes No (Not Applicable) NOT APPI,IC.kBI.E l'olicy 6. Protect and restore the quality and fimction of thc l'own of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section Ill Policies: Pages 22 through 32 for evaluation criteria. Ycs No (Not Applicable) NOT APPLICABLI! Policy 7. Protect and improve air qualit3 in the Town of Southold, See LWRP Section 111 Policies Pages 32 through 34 for evaluation criteria. Sec Section Ill Policies Pages: ,'14 through 38 lbr evaluation criteria. Yes No (Not Applicable) NOT APPI,ICABI~E Polic3 8. Minimize environmental degradation in Toxin of Southold from solid waste and hazardous substances and wastes. See LXX P,I Section I11 Policies: Pages ~4 through .~8 ~nr evaluation criteria. Ycs No (Not Applicable) NOT APPI [('AFII~I! PtIBI.IC COAST POLICIES Policy 9. Provide i-hr public access to, and recreational use of~ coastal waters, public lands, and public resources of the Town of Southold. See LWRP %ection III - Policies: Pages 38 through 46 lbr cvalnation criteria. Yes No (Not Applicable) NOT APPLICABLE WORKING COAST POLICIES Polio? 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section 111 Policies: Pages 47 through 56 for evaluation criteria, Ycs No (Not Applicable ) NOT APPLICAI?,I,[.i Policy 1 I. Promote sustainable use of Iix lng marine resources in Long Island Sound, the Peconic I(slaar3 and Toxin waters. See LWRP Section Ill Policies: Pages 57 through 62 for evaluation criteria. Yes No Nnt Applicable NOT APPLICABI Ii Policy 12. Protect agricultural lands in thc Iown of Soulbold. See LWRP Section 111 Policies: Pages 62 through 65 for evaluation criteria. Yes No Not Applicable NOT APPLICABI,I!. Tangentially, the economic benefit of this building improves the agricultural viabiliLx of i:armland in the Town of Southold. Policy 13. Promote appropriate use and dc\ clopmcnt o o , ' . f cnc%y and mineral resources. See I.WRP Section 111 Policies; Pages 65 through 68 \'or evaluation criteria. Yes No Not Applicable NOTAPPLICABltL Abi W'ickham. Agent for Raphael ~ mcymds. Inc. November 27, 2009 PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Pads A through E. Answers to these questions will be considered as pad of the application for approval and may be subject to fudher verification and public review. Provide any additional information you believe wiJJ be needed to complete Pads 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and wilt not involve new studies, research or investigation. If information requiring ~uch additional work is unavailable, so indicate and specify each Instance. Name of Action Raphael Vineyard - New Winery Location of Action (Include Street Address, Municipality and County) 39390 Main Road, Peconic, New York 11958 (Suffolk County) Name of Appllcan~Sponsor Raphael Vineyards, Inc. Address 39390 Main Road, Peconic, New York 11958 City/PO Peconic State NY Zip Code 11958 Business Telephoee 298-8353 Name of Owner (if different) same Address City / PO State Zip Code Business Telephone Description of Action: Construct second winery building. Proposed building is a one story, 3,112 sq. ft. building with storage basement and 14' x 25' covered veranda area. Page 2 of 21 Please Complete Each Question-Indicate N.A. if not applicable A, SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present Land Use: [] Urban [] Industrial [] Commercial D Forest [] Agricu[tqre •Other ~ Residential (suburban) D Rural (non-farm) 2. Total acreage of project area: 6.8365 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION MeadoW or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) 4 o 8 acres 3 o 8 acres Wetland (Freshwater or tidal as per Articles 24,25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, bu!idings and other paved surfaces 2 .acres 3 acres Other (indicate tTpe) __ acres __ acres 3. What is predominant soil type(s) on project site? a. Soil drainage: r~well drained ]-00 % of site [] Moderately well drained__% of site. ['~Poorly drained __% of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (see I NYCRR 370). 4. Are there bedrock outcroppings on project site? ~ Yes [] No a. What is depth to bedrock (in feet) 6. Approximate percentage of proposed project site with slopes: []0-10% 0 % •lO-15% % . [] 15% or greater % 6. is project substantiell~..~ontiguous to, or contain a building, site, or district, listed on the State or National Registers of Historic Places?LJYes [] No 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? L-~JYes 8. What is the depth of the water table? ].6.8 (in feet) 9, is site located over a primary, principal, or sole sourqe aquifer? [~]Yes [] No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project ares? ~ Yes ~ No Page 3 of 21 Does project'slte contain any species of plant or animal life that is identified as threatened or endangered? 12. DYes ~']No According to: Identify each species: Ars there any uniqus or unusual lend forms on the proiect site? li.e.~ cliffe, dunes, other geological formations? DYes ['~No Describe: I 1 3. I$ the pro]set site presently used by the community or neighborhood ee an opsn space or recreation area? DYes ~]No DYes If yes, explain: 1 4. Does tho present sits i~'6~udo scenic views known to be important to the l 1 5. Streems ~ithin or conti~uous to project aras: a. ~amo of Stream and name si ~ivor to which it 1 fl. kakos~ ponds, w*tlan0 areas within or conti~uous to project area: b. Size (in acres): Page 4 of 21 17. Is the site served by existing public utilities? [] Yes [] No a. If YES, does sufficient capac(ty exist to allow connection? BYes b. If YES, will improvements be necessary to allow connection? DNo DYes BNo 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 2B-AA, Section 303 and 304? r~Yes [~No 19. IS the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 6177 DYes I'~JNo 20. Has the site ever been used for the disposal of solid or hazardous wastes;' B. Project Description 1. Physical dimensions and scale of project (fill in dimensions @s appropriate). a. Total contiguous acreage owned or controlled by project sponsor: b. Project acreage to be developed: 4. 8365 acres initially; c. Project acreage to remain undeveloped: 2 acres. d. Length of project, in miles: o !2 {if appropriate) e. If the project is an expansion, indicate percent of expansion proposed. 0 % f. Number of off-street parking spaces existing 36 ; proposed 66 g. Maximum vehicular trips generated per hour: 10+ h. tf residential: Number and type of housing units: One Family Initially Ultimately 1 i. Dimensions (in feet) of largest proposed structure: 23 ~ j. Linear feet of frontage alodg a public thoroughfare project Will occupy is? 6 ]. ]. o 76 0 DYes []No 0 acres, 8365 acres ultimately. (upo.~/completion of project)7 Two Family Multiple Family rid§e to / height; 50' width; 2. How much natural material (i.e. rock, earth, etc.) will be removed from the site? 3. Will disturbed areas be reclaimed r'~Yes [~]No D~N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be st'ockpiled for reclamation? [] Yes [] No c. Will upper subsoil be stockpiled for reclamation7 BYes [] No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? Condominium 60 ~ length. ft. __ tons/cubic yards. Page 5 of 21 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? E~Yes [~lNo 6. If single phase project: Anticipated period of construction: 6 months, (including demolition) 7. If multi-phased: a. Total number of phases anticipated __ (number) b. Anticipated date of commencement phase 1: __ month __ year, lincluding demolition) c. Approximate completion date of final phase', month year. d. Is phase I functionally dependent on subsequent phases? [] Yes [] No 8. Wil[ blasting occur during construction? []Yes [] No 9. Number of jobs generated: during construction 20 ; after project is complet.e _5 10. Number of jobs eliminated by this p[oject 0 11. Will project require relocation of any projects or facilities? [] Yes I"~'l No If yes, explain: , 1 2. Is surface liquid waste disposal involved? ~ Yes []No a. If yes, indicate type of waste Isewag~, industrial, etc) and amount b. Name of water body into which effluent will be discharged 13. ls subsurface liquid waste disposal involved? I~Yes r.l"o 14. Will surface area of an existing water body increase or decrease by proposal? II~ Yes [] No If yes, explain: 15. Is project or any portion of project located in a 100 year flood plain? [~Yes L~'JINo 16. Will the project generate solid waste;' ~ Yes I~No a. If yes, what is the amount per month? --.tons b. If yes, will an existing solid waste facility be used;' [] Yes [] No c. if yes, give name ; location d. Will any wastes not go into a sewage disposaJ system er into a sanitary landfill? II]Yes [] No Page 6 of 21 e. If yes, explain: 17. Will the project involve the disposal of solid waste? DYes a. If yes, what is the anticipated rate of disposal? .-- tons/month. b. If yes, what is the anticipated sit,e life? __ years. 18. Will project use herbicides or pesticides? [~Yes E~No 19. Will project routinely produce odors {more than one hour per day)? DYes [] No 20. Will project produce operating noise exceeding the local ambient noise levels7 DYes [~No 21.-~/ill project result in an increase in energy use? [] Yes r~ No / / If yes, indicate type(s) AddttfLonal eiectric £or w±ner¥ usage. 22. If water supply is from wells, indicate pumping capacity n/a gallons/minute. 23. Total anticipated water usage per day gallons/day. 24. Does project in~/olve Local, State or Federal funding? DYes [] No if yes, explain: (public water) Page 7 of 21 25. Approvals Required: City, Town, Vi]lage Board L--~Yes [] No Type Submittal Date City, Town, Village Planning Board []Yes D No Site Plan Approval City, Town Zoning Board OYes [] No City, County Health Department [~ Yes D No Site Plan Approval Other Local Agencies DYes ~J No Other Regional Ar~ncies ~Yes [] No State Agencies F~Yes [] No Federal Agencies [] Yes ~ No C. Zoning and Planning Information 1. Does proposed action involve a planning or zoning decision? [~Yes ~ No If Yes, indicate decision required: O Zoning amendment [~ Site plan ,:. ' r-]zoning variance r~ Spedial use permit [~ New/revision of master plan E~] Resource management plan [] Subdivision r~ Other Page 8 of 21 2. What is the zoning classification(s) of thB sits? A-C 3. What is the maximum pote'ntial development of the site if developed as permitted by the present zoning? 4. What is the proposed zoning of the site7 A-C 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 6. Is the proposed action consistent with the recommended uses in adopted local land use plans7 []Yes 7. What ara tho predominant land uselal and zoning olassificationa ,~,ithin a ~ mile radlus o~/proposad action? A-C, R-40, R-80 8. Is the proposed action compatible with adjoining/surrounding land uses with a ¥~ mile? L-'~Yes [] No 9, If the proposed action is the subdivision of land, how many lots are proposed? t~/a What is the minimum lot size proposed? Page 9 of 21 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? [] Yes [] No 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection;' I"~ Yes QNo if yes, is existing capacity sufficient to handle projected demand? [] Yes [] No 1 2, Will the proposed action result in the generation of traffic significantly above present le~els? [] Yes [] No a. If yes. is the existing road network adequate to handle the additional traffic. DYes [] No D. Informational Details Attach any adcJitional information as may be/needed to clarify your project. If there are or may be any adverse impacts associated with your proposal, please discuss ~uch impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information provided above is true to the best of my know]edge. Applicant/Sponsor ~am~aph~el itle Data If the act[on is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. Page 10 of 21 , PLANNING BOARD MEMBERS MARTIN H. SIDOR Chair WILLIAM J. CREMERS KENNETH L. EDWARDS GEORGE D. SOLOMON JOSEPH L. TOWNSEND PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM 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 To: Accounting From: Planning Department Date: December 28, 2009 Re: .payments The referenced application has been accepted by the Planning Board and the check may now be processed to revenue. Thank you. Applicant/Project Name & Tax Map Amount Check bate/No. Type ~ Authorization Code 85-3-11.3 & 11/30/09 - #26552 Raphael Vineyards SP 11.4 $561 LR LOT T~ MAP NUMBER. 1000 85-3-11 DATE: 4/13/98 LOT 51TE PL, AM 1"= 40' ~.~tz~ o~' .5'u,~vu'".,' 57' J~,~?~R¥ $, BN~$c~' P,~,$, \\ 3.RN lNG-: It is 2 v4olation of the l~w for an}' person, unless acting under the direct supen'tsion of a lkensed a~chitect, to alter an)- item in any way beating the seal of an architect. If a~ alteration is made, the altcxmg architect shall affix to his item the seal and the notation "Altered by:" followed by [us signature, the date o£ such alteration, and a specific descfipuon of the akeraton. B~,IOTIMG ~OPOS[D ~ ~or~ - ~ ~ Il If ,/~ 571.90 ~2~0 3' IO"E Ira Haspel Architect, P. C. ,58945 M~,IH ROAD SOUTHOLD~ N,'K 11971 ~$1-7~5-?075, ~t1-5r~-~8~753 ~x - G31-TED~ 5715 [ , SOUTHOLD, NEW YORK ATI I [Copyright ~: Ira I!aspel S,C'F.M, M°- 100o455-o~.1~.1 All l~ghts Reserved. 40' G-5'09 I FROM THE PI~F~:~I~ UMES TO THE ~, ~. .... .,~,_. ~'q - .~,~ TH~ ~ ~I~TO~ ~ ~ ~' ..~ ~ ~ ~ I~ ~~~,~~~ ~' ..-~... ~ .-/ ~~ ~ : ~o ..., ..... l : -'"' ~' {~ ' ' ~ , ' i / ~ I' ' LOT ~ ~ ~ ~ i~. .. %1 / x U l / ~ I · NoTE; F~,OO P, PI,.AH V~,J I = ~ OWG. ~-I ~0~ A,~FrlONAb XXLklLN1N G: it is ~ violation of thc law for an)' person, unless aUmg under the direct supen'ision ora licensed architect, to alter any item in any way bearing the seal of an architect. If an alteration is made, the altering architect shall affix to his item the seal and the notation "Altered by:" followed by his signature, the date of such alteration, and a Sl~Cific desctipnon of the alteration. Ira Haspel Arcl' tect, P. C. SOU?HOLD, NEW' YORK Copyright c [fa tlaspel All Rtghts Reserved. ' II i WARNING' It is i ~%lauon of the law/'or an}' person, in an}' way be~fing the seal of an architect. If ~ alteration is made, the ~lmfing architect shall afqm to his item the seal · nd the notation "Altered by:" followed by bis signature, the date of such alteration. md a specific descnpfion of the alteration. Ira Haspel Architect, P. C. .SOU'I',H OL D, N,'%, ~51-7 G5-'2075~ ~.,-5rO-308 ~153 ~x, G.,ql-7 ~.~,~ 5715 L ~ou~o~, N~'w ~oRK J" CONSTRUCTION DOC U ~LENT DATE. Copyright ~: Ira I !aspel All Rights Reserved.