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HomeMy WebLinkAbout6685 l 8 i o G2 r 8 Cttife~ y2 ~t, uses ati~ pvop av~ crr+~~~t w~s~ec.a~~r/3 of- "Cade ~ p~Vn uses. USC 4~-l 0baviee ¢ SoCaJ C/vb''a, Ur3ar" USe #,Q Ci aV S~lnre Ptf 91,, 113 ~P/n - &aI'C ('i vt d-s ` fa d grape re~i I G ~ ~ Sforc ~ o+,oev'rn ~ f~Q-. ~n ~c .~-o~ e urav ~O~rsdues Dace SOO& clv6 QrA Ve ~1at-Cbvisfih.~-~ a~ ~eceSsory~ tiwr~P•vy. as ~Mcd d eGz~i vh ala-kd. ll~ ~-/~3 ce4z s;,~ v 3 cAt R.L. /F'~~•~s<«'sL.!/ 7/•c9_eU//y.u-e~aJ ~A- ~S~/~8 r Sao a P N. 5 9A /PEgcc65T A/°i°.eo uqG ©F WiNE~y t 3 LS7t tdiN~a S- C4 - 5I ~95` BOARD MEMBERS f3f SOOT Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 1~ l0 Southold, NY 11971-0959 Eric Dantes # # Office Location: Gerard P. Goehringer w ac Town Annex /First Floor, Capital One Bank George Homing 54375 Main Road (at Youngs Avenue) Ken Schneider Iyco Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 MEMORANDUM DATE: November 13, 2013 TO: Heather Lanza, Don Wilcenski and the Members of the Planning Board FROM: Leslie Weisman, Chairperson, ZBA (05 RE: Final Determination of Planning Board Request for Code Interpretation On September 26, 2013, the Board of Appeals held a public hearing on application no.:6685, a request from the Planning Board of the Town of Southold to interpret Town Code Section 280-113(A) and 280-13(C)(10) pursuant to your written request to the ZBA in a memorandum dated August 28, 2013. Attached is the Board's final determination for your records. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson OF SU(/ly~lo 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes y * Office Location: Gerard P. Goehringer CA Town Annex /First Floor, Capital One Bank George Horning ~ • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider COUNV~ Southold, NY 11971 http://southoldtown.norlhfork.net RECEIVED ZONING BOARD OF APPEALS AQj j 3: y S TOWN OFSOUTHOLD NOV uu 1 33''2013 Tel. (631) 765-1809 • Fax (631) 765-9064 FINDINGS, DELIBERATIONS AND DETERMINATION MEETING OF NOVEMBER 7, 2013 ZBA FILE No.: 6685 NAME OF APPLICANT: Planning Board of the Town of Southold SEORA DETERMINATION: The Zoning Board of Appeals determines that this review falls under the Type II category of the State's List of Actions, without further steps under SEQRA. RELIEF REQUESTED: Request for Town-wide interpretation under §280-146(D) of the Town Code as to whether two uses are consistent with Town Code Section 280-13(A)(4) and 280- 13(C)(1)(10) as part of a winery use or permitted accessory uses for a principal winery use. The first is the use of a winery as a dance and social club, and the second is as a retail cigar store. DATE OF PUBLIC HEARING The Zoning Board of Appeals held a public hearing on this application on September 26, 2013, at which time written and oral evidence were presented. Based upon all the testimony, documentation and other evidence, the Zoning Board finds the following facts to be true and relevant: BACKGROUND: The Zoning Board of Appeals received a request from the Planning Board pursuant to §280-146(D) for an interpretation of §280-13(A) 4 and §280-13(C) (10). The information provided to this Board by the Planning Board includes following in pertinent part: I. Testimony before the Planning Board illustrating a wine tasting accessory use transforming over time from a sedate, small-scale winery focused on wine tasting, into a full-fledged, often raucous party site that draws large crowds of many hundreds of people on a regular basis where the focus is on entertainment and drinking alcohol. 2. Patrons being encouraged by loud pulsating DJ music and alcohol to let down their guard creating an "anything goes" atmosphere of a crowded dance and social club, with a business model more commonly associated with a night club 3. Pitchers of frozen sangria served in a "fishbowl fashion" in pails with straws for group consumption as opposed to individual wine tastings by the glass. 4. Large numbers of security guards required for crowd control 5. Numerous intoxicated patrons. 6. Severe adverse impacts on surrounding neighborhood such as incessant and excessively loud noise intrusion, parking congestion on local streets, trespassing by patrons, some engaged in lewd behavior, on or in view of private property. Page 2 of 4 - November 7, 2013 ZBA#6685 - Planning Board Southold Town Interpretation 7. A separate retail building utilized to sell cigars separate and apart from a wine tasting facility. Refer to the memorandum to the ZBA dated August 28, 2013 from the Planning Board Chairperson on behalf of the Planning Board. The Zoning Board of Appeals held a public hearing on this application on September 26, 2013 at which time written and oral evidence were presented. Based upon all testimony, documentation, personal inspection of the property and surrounding neighborhood, and other evidence, the Zoning Board makes the following determination: JURISDICTION OF ZONING BOARD Section 280-146D of the Town Zoning Code authorizes the Zoning Board of Appeals to, among other things, "determine the meaning of any provision in this chapter" "on request of any Town officer, board or agency." It should be noted that the Zoning Board's role in this proceeding is not to determine whether any particular winery has or has not operated in the manner described. The question before the Zoning Board is simply whether or not a winery operating in that fashion is in compliance with the Town's Zoning Code. FINDINGS OF FACT/DETERMINATION 1. The Planning Board of the Town of Southold has requested the Zoning Board's interpretation of §280-13(A)(4) and §280-13(C) 1 or (C) 10 because it is considering an amended site plan application on a winery within the Town. If the activities at this site are not permitted under this interpretation, the Planning Board cannot grant the application before it 2. Section 280-13 sets forth the use regulations for the Agricultural Conservation (AC) District and the Low Density Residential Districts (R-80, R-120, R-200 and R-400 Districts). These districts are home to the majority of the agricultural land within the Town and constitute the primary residential zones within the Town. As set forth in §280-12, the purpose of the AC and Low Density Residential Districts, in pertinent part, is as follows: to reasonably control and, to the extent possible prevent the unnecessary loss of those currently open lands within the Town containing large and contiguous areas ofprime agricultural soils which are the basis for a significant portion of the Town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second-home economy... The uses permitted as principal uses include one family residential detached dwellings, agricultural operations, wineries where 10 acres are devoted to a vineyard, government buildings, accessory apartments within a single family dwelling, and small wind energy systems on parcels dedicated to agriculture. Based upon the purpose of this district and the uses permitted in the district, it is clear that the Town intended that all uses within these zones and the accessory uses thereto be compatible with the agricultural/residential nature of the zoning district. While wineries are permitted to market wine produced on site within the AC and Low Density Residential Zoning Districts, they must do so in a manner that is consistent with the agricultural/residential nature of these Districts. The circumstances presented to this Board identify a general business plan that includes permitting over 500 persons on a site at one time, with loud/pulsating music, with a bar/night club type atmosphere where the focus is not on learning Page 3 of 4 - November 7, 2013 ZBAW6685 - Planning Board Southold Town Interpretation about wine and tasting wine, but on partying and dancing. This activity is conducted on the site every weekend commencing in April and up and until November (weather permitting) and is typically an activity permitted, if at all in the Town, in a business or commercial zone where a dance and social club and/or bar is a permitted use. The record is replete with information on how this type of activity is not consistent with the agricultural/residential zoning of the property, including numerous police reports/complaints that verify numerous calls to the Town Police Department and the repeated need for a police presence to address the impacts of this activity on the surrounding community and testimony of property owners adversely impacted by such activity. No testimony was presented into the record that confirmed that the described use was a customary accessory to a winery or part of the principle use of a winery. While proponents of this type of activity cite other activities that are presently occurring at wineries including art auctions, banquets, food trucks, live music, corporate meetings, weddings, yoga in the vines, 5(k) runs, and food pairings, none of these activities rises to the level of intensity or frequency of the described business plan that is the subject of this interpretation. Many of these activities are permitted only with a special events permit issued by the Town pursuant to Chapter 205, "Public Entertainment and Special Events" and occur on a one-time or occasional basis. Based upon the personal knowledge of the members of this Board, there is no winery in Town, with the exception of the application before the Planning Board that operates in such a manner or markets wine in such a manner. Thus this use cannot be considered "customary and usual" - the test for an accessory use. This atypical marketing strategy is well documented on several social media and websites. For example, the subject applicant is described on Long Island Wine Tours website as "The only Club Vineyard on the North Fork with DJ parties taking place every Saturday from 12-7PM." As such this Board concludes that the activity described in this request is not permitted as a primary or accessory use to a winery within the meaning of §280-13 because it is inconsistent with the agricultural/residential nature of the AC and Low Density Residential Zoning Districts. This Board also requested that the Southold Town Agricultural Advisory Committee review and comment on this interpretation. The Agricultural Advisory Committee submitted written comments dated September 22, 2013 and commented on each facet of the business plan highlighted in the Planning Board's memorandum to the ZBA, individually and as separate items, noting that each item was an acceptable method of marketing. While this Board understands that each of the activities conducted by itself may not be incompatible with the agricultural/residential nature of the zoning district, collectively and at a frequency of virtually every weekend in the customary extended tourist season (April through November), such activities are simply not consistent with the agricultural/residential nature of the zoning district but are consistent with the land uses permitted in the commercial/business districts of the Town. The operation of a winery's buildings and outdoor areas as a dance and social club on a regular basis, drawing large crowds of people for the primary use of drinking and partying - as opposed to sampling local wines and learning about the winery business - does not constitute an accessory use to a winery. 3. The second issue for interpretation that has been requested by the Planning Board is a review of whether a retail cigar store is permitted in the AC zone or whether it is a customary and incidental accessory use to a winery. In their comments to the Board of Appeals dated September 22, 2013, the Southold Town Agricultural Advisory Committee briefly described the history of pairing wine with cigars. However, the Committee concludes that "[t]he ACC does not see the hand rolling of cigars as an agricultural activity or accessory, as there is no tobacco-growing production in the Town of Page 4 of 4 - November 7, 2013 ZBA#6685 - Planning Board Southold Town Interpretation Southold.... if the sale of cigars in a winery gift shop was listed as an accessory to wine and wine sales, another view might be taken. However, there is no reference found to support cigar sales on agricultural-use-land in the Town of Southold from tobacco elements not grown here." Testimony at the public hearing on September 26, 2013 was presented that argued to the contrary, citing as an example the pairing of chocolate with wine, even though there are no cocoa trees grown at wineries in Southold Town. The Board acknowledges that historically cigars have been and may continue to be paired with wine, as is the case with chocolate and other products such as cheese, typically offered by wineries as either complementary or for sale, in association with wine tastings. However, the application before the Planning Board identifies a separate building on the subject property where cigars are sold at retail to the general public. As discussed above, a retail store is not among the expressly listed permitted uses within §280-13. It follows that a stand-alone retail cigar store is not a permitted use in the AC zone, any more than the establishment of a retail chocolate shop or cheese store would be. BOARD RESOLUTION: On motion offered by Chairperson Weisman, seconded by Member Dames, it was RESOLVED, to approve the DETERMINATION. Vote of the Board: Ayes: Members Weisman (Chairperson), Goehringer, Dames, Horning, Schneider. This Resolution was duly adopted (5-0). c Leslie Kanes Weisman, Chairperson Approved for filing / /,Z /2013 00 1 Q-aVAt Chris Baiz, Chairman Douglas Cooper Town Hall, 53095 Main Road Jim Glover P.O. Box 1179 Leander B. Glover Jr. ~a Southold, New York 11971 d '-h.. John Sepenoski^ John B. Sepenoski Jr Karen Rivara Robert vanBourgondien AGRICULTURAL ADVISORY COMMITTEE Tom Stevenson MEMORANDUM TO: Leslie Kanes Weisman, Chairperson/Department Head, Zoning Board of Appeals RECEIVED cc: Donald Wilcenski, Chairman, Planning Board FROM: Chris Baiz, Chairman, AAC, on behalf of the Committee S E P L 4 ' Re: Request for Comments, Certain Uses at Wineries BOARD OF APPEALS DATE: September 22, 2013 The Agricultural Advisory Committee ("AAC")("Committee") has received the request from the Zoning Board of Appeals dated September 3, 2013 in conjunction with the seminal request from the Planning Board dated August 28, 2013. The AAC reviewed the package requesting comment for certain uses at wineries in the Town of Southold. The Committee met in executive session Wednesday evening, September 18 for comments after reviewing the ZBA/Planning Board package. Prior to that meeting, several committee members made drive through/by visits to the location in question and sought information through industry contacts of practices at the subject location. Comments by the AAC as to the two uses spelled out in the memorandum of August 28, 2013 Wilcenski to Weisman follow. The Use #2: Cigar Store first. The use of the former wine sales and tasting room at Vineyard 48 (formerly Bidwell Vineyards) as a cigar store is understandable, but may be without merit When wine growing started up in the mid 1970s due to a change in New York State winery laws, a fledgling periodical called "Wine Spectator" published by Marvin Shanken in New York City was extolling the virtues of wine and comparative wine ratings. To enhance the aura, fine wines and fine cigars started coming together. Shanken developed a second publication, "Cigar Afflcianado". The two ideas, fine wine and fine cigars, became inabstricably combined. What happened at Vineyard 48/Bidwell was a part of that marketing combination - one complemented the other. The AAC does not see the hand rolling of cigars at this site as an agricultural activity or accessory, as there is no tobacco-growing production in the Town of Southold. If there were, a different view might be forthcoming. Or, if the sale of cigars in a winery gift shop, because of the wine/cigar marketing combination, was listed as an accessory to wine and wine sales, another view might be taken. • • REC V D SEP 'L 4 ?013 Agricultural Advisory Committee - September 22, 2013 BOARD OF APPEALS However, there is no reference found to support cigar sales on agricultural-use-lands in the Town of Southold from tobacco elements not grown here. The wine/cigar rage across the U.S., doesn't make it legal to sell on Town agricultural lands when cigars are not grown in the Town. Use #1: "Dance and Social Club" or "Bar" requires some development. What follows attempts to be concise, but address all six points in the Planning Board memorandum. Point #1, collection of a cover charge is in reality a fee for wine tastings - typical of most wineries in the U.S. Some wineries in the Town of Southold used to pour free tasting. The pouring of wine for tastings typically consumes fifteen (15) to twenty (20) percent of a winery's annual productionI The few wineries that used to give free pours, do not do so any more. Whether the patron chooses to consume all tastings is the patron's decision. The exchange of the tasting fee for four "tasting tokens" is an enterprising strategy for streamlining the wine tasting function at a busy winery. Mondavi Vineyards in Napa Valley, CA handles thousands of people per day with a variety of strategies to serve its patrons. Vineyard 48 has a strategy which streamlines the function of selling its agricultural product - wine. Point #2, Marketing strategy is a matter for each and every business, from doing nothing and hope to be discovered, to using every available tool as the pundits require of every business today. Additionally, when it comes to the sale of agricultural products, New York State's Agriculture and Markets Division allows for very broad marketing strategies. Of the more than 6,000 wineries in the United States most have various levels of web pages to social media presence from the mundane to the inventive. Like all markets, businesses are now focused on their future patrons, the "Millenials" who are experts at social media and who support businesses who are the same. Point #3, sangrias are not unique to "Vineyard 48". A number of other Town wineries serve similar concoctions. Many people who go to wineries don't necessarily like classic fine wines' tastes. They need something sweet. And short of simply adding a teaspoon of sugar to a glass of wine, one of the simplest ploys is to make sangria with fruit juices and wine. Sometimes a winery has wines with off flavors that it cannot sell alone as drinkable. The addition of sugar and some fruit juices helps the wine go down, as an alternative to sending the wine to a vinegar plant. Another, less economic strategy, is to turn the off- wine, or a wine from a too large a harvest of grapes, into brandy through distillation. Hence, the updated New York State regulations now allow NYS wineries to obtain farm distillery licenses. Point #4 concerning security guards and security is always an issue for wineries. New York State wineries are highly regulated venues. Wineries are periodically approached by security companies to provide security relating to patron behavior, to manage under-aged drinking, to prevent patron attempts to bring outside alcoholic beverages onto the licensed "wine premises", which is an offense subject to a fine of $30,000 by the New York State Liquor Authority to the owner of the operation for each offense. The same is true for removing open glasses, bottles, or containers of wine from the invisible designated "wine premises". The AAC has discussed with the Town Attorney's office the importance of knowing what the "wine premises" is at Vineyard 48. This will assist in the Committee's recommendations for Point #5 & #6. • • RE EIVED ~c~~s S E P 2 4 f"I Agricultural Advisory Committee - September 22, 2013 BOARD OF APPEALS Small wineries tend to self-secure as the cost-benefit ratio could find daily security costs exceeding daily sales. In sum on the first four points, the Committee states that these points are not at issue for site plan review concerns. On points #5 & #6, the Committee comments that all applicable codes should be enforced. Each license issued by the New York State Liquor Authority requires the holder to post a NYSLA sign conspicuously that states people under the age of 21 will not be served, nor will people appearing to be intoxicated be served. This is not discretionary at the operator's choosing. When enforced, the foregoing is subject to fines, revocation of the license, etc. The Committee took note of some testimony of a Vineyard 48 representative stating that a member of the staff used to work in a restaurant and therefore had experience to train the wine pouring staff to not let patrons get too intoxicated- The law states people appearing to be intoxicated should not be served at all. The operator is at risk for making such a casual statement. The winery industry in New York State provides a regular (several times per year) training program called TIPS (Training for Intervention Procedures) nttp:ZZwww.gettips.com/index.shtml. This program is designed to train tasting room personnel to identify and resolve intoxicated related issues. TIPS trained staffs can benefit the owner/operator to minimize risk of liability, fine, or loss of license. The behaviors laid out in Point #6 raise the question. At what level must bad human behavior rise to, in order to get to a level that sustains a legal response? The Town's Noise Ordinance is well-measured on the issue of sound levels. There are trespassing laws which deal with issues of encroachment on other peoples' properties. Other laws concerning nudity and other undesirable public behaviors can be invoked, as well. The tools to deal with the need are there, now. Use of the existing tools will have its impact. And if needed frequently enough will make its way into the social media, quickly. The Committee is prepared to meet with either the Zoning Board of Appeals and/or the Planning Board to provide more depth or enhance strategies moving forward. Ong Iv F Q ! I_Jf COUNTY OF SUFFOLK I -JPitn I - RECEIVED 14- (o,r4f"' g_ eAe}--aLau, ~ tyre SEP 16 2013 1 t,+40A jrc5 G BOARD OFAPPEALS Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minicri Division of Planning Deputy County Executive and Commissioner and Environment September 11, 2013 Town of Southold ZBA 53095 Main Road, P.O. Box 1179 Southold, New York 11971 Att: Ms. Leslie K. Weisman, Chair Pursuant to the requirements of Sections A14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county-wide or inter-community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number Swanson, Steve & Beate 6681 Holfelder, Lawrence 6682 Riegel, Richard 6684 Vineyard 48 a/k/a Rose's Vineyard* 6685 McCallion, Don 6686 Flannigan, Edward 6687 Coleman, Suzanne 6688 Donadic, Johnny 6689 Lloyd, Michael 6690 *The Suffolk County Planning Commission does not review applications or make determinations regarding the interpretation of Town Code. Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein TRK:mc Senior Planner H. LEE DENNISON BLDG ¦ 100 VETERANS MEMORIAL HWY, 4th FI ¦ P.O. BOX 6100 ¦ HAUPPAUGE, NY 117884099 ¦ (631) 853-5191 MAILING ADDRESS: PLANNING BOARD MEMBERS .O. DONALD J. WILCENSKI of SOSoutholdSox 1179 P , x 111971 j Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY 64375 State Route 25 JAMES H. RICH MARTIN H. SD)ORI (cor. Main Rd. & Youngs Ave.) y~QC ` Southold, NY Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN of SOUTHOLD RECEIVED SEP I 1 D'~ September 11, 2013 BOA LP ~P RD OF APPEALS Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Site Plan for Vineyard 48 Located at 18910 CR 48, ±340'W/0 CR 48 and Depot Lane, Cutchogue SCTM#1000-98-".3 Zoning District: A-C Dear Ms. Moore: As you know, on August 28, 2013, the Planning Board referred the application referenced above to the Zoning Board of Appeals for an interpretation as to whether the uses on the site are permitted under the Southold Town Zoning Code. Please be advised that the Planning Board is suspending its review of this application and will not issue a final determination until it receives a response from the ZBA on this issue. At that time, the Planning Board will continue its review of this application and will make a final determination. i Also note that the Planning Board will be requiring approval of this application by the Suffolk County Department of Health Services prior to a determination. Please call with any questions. Very truly yours, ~1d Donald J. Wilcenski Chairman M° ADDRESS: PLANNING BOARD MEIYIHERS P.O. pF SOUTO<o .o. Box 1179 DONALD J. NSKI 0~ y Southold, NY 11971 .16 OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY 64375 State Route 25 JAMES H. RICH III (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR Southold, NY Telephone: 631 765-1958 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLq RECEIVED SEP _ 9 2013 VO July 10, 2013 BOARD OF APPEALS Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Hearing Closed: Proposed Site Plan for Vineyard 48 Located at 18910 CR 48, ±340' w/o CR 48 and Depot Lane, Cutchogue SCTM#1000-9644.3 Zoning District: A-C Dear Ms. Moore: A Public Hearing was held by the Southold Town Planning Board on Monday, June 3, 2013 regarding the above-referenced site plan application and held over to Monday July 1, 2013 at which time the public hearing was closed and the record was left open for written comments from the public until July 15, 2013. The Planning Board has the following questions that remain unclear or unanswered from the public hearings, as well as requests for clarifications of certain elements on the site plan: 1. The site plan, as proposed, does not appear to match up with the existing conditions at the site with regard to the proposed four lanes of queuing. At the hearing, it was stated that no vines or grass would be removed from the front to accommodate the queuing on the proposed site plan, however after a site visit, it appeared that the dimensions shown on the plan do not match up with what is on the ground. Please show and label the edge of grass and edge of vines on the site plan in the front area. 2. Please show and label the edge of vines and edge of grass on the site plan where they are near the parking areas and buildings. 3. Please show and label the property line along CR 48 on the site plan. 4. Please show and label the edge of pavement of CR 48 on the site plan. • RECEIVED • SEP 9 2013 - i Vineyard 48 PaQeBQARD OF APPEALS July 10, 2013 5. On the site plan there is a line of parking for cars near CR 48 in the front of the property, then a queuing line for buses, a second queue for limos, a third for cars, and a fourth "drop-off lane". When asked at the hearing on July 15t how you propose to keep people safe as they walk from the parking spaces across four lanes of traffic, or as they disembark from buses and limousines, your response was that a staff person would be there to control the situation. Also at that hearing, you stated that one security person was assigned to manage traffic on site. How will one person manage to control and protect patrons disembarking from up to 4 buses, 7 limousines, 11 cars and 16 parking spaces, as well as whatever is going on in the "drop off lane? i 6. How many vehicles are arriving at the site at the busiest times? Of these vehicles on site at the busiest times, how many are buses and how many are limousines? 7. What is the plan for vehicles to enter and exit the property safely? 8. How will the problem of vehicles stacking on Rt. 48 waiting to enter the queuing lanes be eliminated? 9. At the hearing, it was stated that Vineyard 48 grows all grapes used to produce the wine that is sold on site on its 34 acres in Cutchogue and that it does not purchase grapes elsewhere. Please provide documentation (amount of grapes grown on site, amount of grapes required per bottle, and the number of bottles soli) to verify that all wine produced and sold on site is made from grapes that are grown on Vineyard 48 property. 10. Do Vineyard 48 wine labels bear the North Fork Appellation Stamp? 11. How many people are envisioned to be safety accommodated on site at the busiest times? 12. How many security personnel are on site during the busiest times? 13. What is the job description for security personnel? What are their directions from the management of the winery? When do they call the police? Do they break up fights? Do they identify patrons who are intoxicated? Do they ask people to leave? Do they physically remove people from the site? 14. How many total employees are on site during the busiest times and where do they park? 15. Reference was made at the June 3rd hearing to a letter that is provided to limousines and bus companies explaining the rules at Vineyard 48. Please provide a copy to the Board. I RECEIVED SEP 9 2013 (obs5 Vineyard 48 Page T ARD OF APPEALSIuIv 10.2013 16.At the hearings it was indicated that there is a person at the door keeping count of the number of people entering and exiting the site. For what is this count used? Is there a limit to the number of people allowed on site? If so, what is the limit, including outside? 17. Is there a record kept of the maximum number of people at any given time at this facility each day? If so, please provide those records for 2011 through 2013 to date. 18. Is there a record kept of the cumulative number of people at this facility each day? If so, please provide those records for 2011 through 2013 to date. 19-At the hearing on July 1st, Mr. Metz stated that there is a point where he knows they need a Special Event Permit. What is that threshold? Or describe how it is determined that a Special Event Permit is needed. 20. Is every person entering, excluding under-aged persons, pregnant women & designated drivers, required to purchase the four "tasting coins" prior to entering the tasting area? 21. What is the charge for the four tasting coins? 22. What is provided for each coin turned in? A full glass of wine? i 23.Are tallies kept of the number of coins sold each day? I 24.Are tallies kept of the number of coins turned in by customers in exchange for wine tasting? i 25. Provide the records of coins sold and turned in for 2012 and 2013 to date. 26. How do the non-wine drinkers use their coins? Can they trade them for other beverages? If so, what is available to them? 27. What percentage of revenue is generated from the sale of New York State labeled beer? What percentage of revenue is generated from the sale of wine produced by the winery? Please provide documentation verifying these percentages. 28. How is it determined how many portable toilets are to be provided? Does the number of portable toilets on site change depending on the season? 29. Reference is made to qualified personnel directing traffic on site. Please elaborate on what this means and what, if any, formal training is given for traffic control. 30. How do you intend to mitigate the problemsfissues that have come up from the public and the public hearing? I Vineyard 48 Page Four July 10, 2013 I We look forward to your prompt and thorough written reply to the foregoing questions on or before July 19th so that the Planning Board can complete its review of this site plan application. Please note that our full review of all aspects of this application is ongoing and further changes or additions to the plan may be required. Very truly yours, ~~LJ RECEIVED Donald J. Wilcenski Chairman SEP 9 2013 BOARD OF APPEALS I i i P.O. Box 1179 ADDRESS: r PLANNING BOARD MEMBER ~OF sorry MAILING DONALD J. WILCENSKI ~0~ Old Southold, NY 11971 ^p\\~ Chair OFFICE LOCATION: WILLIAM J. CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 \'Q JAMES H. RICH III Ol • (cor. Main Rd. & Youngs Ave.) MARTIN H. SIDOR y~'oU Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD e RECEIVED MEMORANDUM AUG 2 8 2013 BOARD OFApDFACS To: Leslie Weisman, Chairperson, Zoning Board of Appeals cc: Patricia C. Moore, Esq. From: Donald Wilcenski, Chairman, Planning Board Date: August 28, 2013 Re: Vineyard 48 (aka Rose's Vineyard LLC) SCTM#1000-96-4-4.3 The Planning Board is reviewing the site plan application referenced above. During the course of the public hearing, an issue arose about whether the uses on the property are consistent with §280-13 of the Town Code and permitted on the premises. Please consider this memorandum as a referral for an interpretation under §280-146(D) of the Town Code as to whether two uses are part of a winery use or permitted accessory uses for a principal winery use. The first is the use of the winery as a dance and social club, and the second is the retail cigar store. The consideration of these issues is necessary to insure consistent treatment of similar applications for development of other agricultural parcels in the Town. Use 1. "Dance and Social Club" or "Bar" Is the activity described below permitted and within the scope of a "winery" as set forth in §280-13 (4) or is it considered an "accessory use" to a winery as used in Section 280- 13(C)(1) or C (10)? The testimony before the Planning Board, and the affidavits submitted in the Court proceedings show that during 2011 and 2012, and into 2013, the wine tasting accessory use of the property has transformed from a sedate, small-scale winery focused on wine tasting into a full-fledged, often raucous party site that draws large crowds of many Vineyard 48 Page Two August 28. 2013 hundreds of people where the focus is on entertainment and drinking alcohol. The patrons are encouraged by the combination of DJ's, loud pulsating music, and alcohol to let down their guard creating the "anything goes" atmosphere of a crowded dance and social club, a business model typically attributed to night clubs. An entry fee (cover charge) is charged in the form of requiring entrants to purchase four coins for wine sampling at the entrance, regardless of whether the person intends to sample wines'. On weekends, this appears to be the primary use of the property and the business model the owners have stated they intend to continue promoting. These activities appear to be atypical of wine tasting: 1. Collection of a cover charge at the entrance; 2. Marketing strategy (see video & Facebook posts/photos); 3. Pitchers of frozen sangria or "slurpees" as they were referred to by the owner at the Planning Board's public hearing; At the hearing, the owner admitted that he has no idea how much alcohol is in this pitcher, plastic pail or large plastic pumpkin, nor do the patrons who are encouraged to drink it through straws (see attached photos). Serving wine as a frozen concoction with fruit appears designed to disguise rather than highlight the flavor of the wine; 4. Large number of security guards required for crowd control. To try and control this behavior which results from the "anything goes" atmosphere the owners have purposely created, the site is manned by security guards; 5. Numerous intoxicated patrons. The Planning Board heard many examples of intoxicated patrons having an adverse effect on the quality of life in the neighborhood to the point that residents have changed the way they live on their properties (e.g. closing windows due to the noise, not permitting children to play in the yard, not being able to have outdoor family get-togethers); 6. Incidents include: intoxicated patrons staggering across Rt.48, falling down and having to crawl onto waiting buses, nudity and sex acts occurring within sight of and in neighbors' yards, and patrons trespassing to urinate and defecate in neighbors' yards. In addition to neighbors' eye-witness accounts of these problems, there are numerous police reports illustrating similar problems (see attached). The testimony of the applicant was that pregnant women, children and designated drivers were not required to pay to enter the premises. Vineyard 48 Page Three August 28, 2013 Use 2. Cigar Store Is a retail store making and selling primarily cigars a permitted use in the A-C Zone or a customary and incidental accessory use associated with a winery? The testimony before the Planning Board from the owner of the property shows that the cigar store is a separate business from the winery. This store is not shown on the previous site plans approved by the Planning Board. While the location of the cigar store may have been previously used for retail sales of wine, retail use there was never officially approved by the Town. In 1988, the ZBA granted a conditional approval for retail sales of wine with the requirement that site plan be completed. We find no evidence of a site plan for retail in that building ever being submitted or approved. In 1990, the ZBA approved wine tasting here, again with the condition that a site plan be completed, and a subsequent variance to allow a temporary tent for wine tasting also called for site planning to be completed. The first site plan was approved in 1995, and did not involve any retail in the original building. Instead, a separate wine tasting pavilion was proposed and approved. On all site plans, the building in which the cigar store is located is labeled "lab and office". The applicant's agent and others have pointed out that there is a photo of the Cigar Factory in the Planning Board's file, implying a tacit approval of the Planning Board for this use. Regardless of the existence of this photo, there is no written approval of the cigar store or any retail use of that building by the Planning Board, on a site plan or resolution. Further, the Planning Board does not make determinations on whether a use is permitted. The Certificates of Occupancy also do not appear to include retail for this building. For your convenience, we have also included a copy of relevant correspondence between the Planning Board and the applicant's agent, as well as transcripts from the public hearings. We respectfully request your interpretation as to whether a retail store making and selling primarily cigars is permitted in this zone at this site. Kindly provide this Board with the requested interpretations together with supporting reasoning for the Planning Board's official record. We are available for questions, and are available to attend the hearing. Thank you for your help with this matter. Vineyard 48 Page Four August 28. 2013 Enclosures A. Site Plans: 1. 1995. First site plan approved; 2. 2006. As built site plan, and considered the most recent approved plan; 3. Current proposed. B. Planning Board approval resolution and letters: 1. 1995 site plan approval resolution; 2. 2006 c.o. approval letter (final inspection) (as-built plan approved). C. Planning Board Public Hearing Transcripts June 3, 2013 & July 1, 2013 D. Photos E. Police Reports F. Letters from the Applicant's Agent G. Video on CD A. Site Plans 1. 1995. First site plan approved; 2.2006. As built site plan, and considered by the Planning Board to be the most recent approved site plan; 3.Current proposed plan. A, A AR AS e' ato m I`;A R 04D ~i{ Q (C R. 48) _ EAST BOUND LANES KEY NAP A'~ k- I lad i~ ~,B € B~ ~f UU ~ ~ I ~ T e,•9 ..~/z~ TYPICAL ENTRANCE OR EXIT (MIDDLE RD.) J- 6/~eyfaoe NO SCALE t.'9 ' Y 1 EX/STING el~Na'~"'r p iu•> - .aalm n.~( cam. x-. .NA{e~..s?~ _ • \ PARKINS CRITERIA -1"f _-rvc 1 .f Ahnrw.n F•M.mmi. IV Pena Yw , hN 9 a I LTIIQ ~ • I'.". II1 D Y a I e we "".A d ~P~ J ) h ~ w ~A ~ ^ ernn sAUS me .a ) e h }v'`~ (~i ~y.• n ~~,A A i ~ EwLOrsss Ir / M1S ro. 3• F.yl 4 °~~a- ..x PRC \ VICE SPACES .3 PROPOSED o ..~..enr i ] I yORAINGE CRITERIA )---.A 2D h, A w/ I O 14 M.n3 I ES.I]KSA AT VFAY 36 -Ci/ gpN}34a lOY /Y 0.y { e.e°d'.~ CY er,OQ -4... 3e~e1 / cr~.h o ! ,Iw \ •I y^ ) rnvi J'• CONTOW LINES AREREFERENCEO.TON."A INFC j wa uc w~mnrt il~ri • ..~1f{ - ne m F _ 'XnN~I 0 j Aa `.-a' re ~ ~s mrvr um rturx i a •4 ~AUn' ~ FLEVATION9 ON PLAN ARE REFERENCED TO &G .VP, ~j 1 \ a t / - E ryH,/4w• oRAI LrNc AIWCTISN IIIWUW O I TWI FFIL DIREON SEA Pys~•'.i . /Y~/ EKINRa+o a ASION m y TOtAC AREA 11933 ACRES / " v WLERAE LOT ~ '~w p -a N[pNi •l EXISTING 00 -94 R aNW L aJ ' ? 3. Si 31 _ I) WOLTO WATER NdGENENT ZONE Y// ~ 5heac %L ~ ~ ~ I A3wwu F sre ap6 r~sw~.yue°•iiua{~ ]AP im A " _ ~ wa7 .ADDLE ROA 09 ~~'.I - i--i_ ~L6Y'4`w.$°•:.rs^n O C R AR j PLAN yip ~ An v s~ SCALE-r=20' aA. T3NA I j, ~ _ I ~ , /9•W I~ Y j.•s~ } ® 12W fL•SEPTl2 S°w -.__f evmow 1 Iii-1~ tl ~LUU _ _ TAW I N[3f1 A~ \ - i ° w1 M~OBIrOiWCW UWIiY•R IILAOSb I i { ~ A,R J-,tee G.' 1 ~ ti~ I ~ ~o.n I ¢rm~ , II W Irr• j ~ ,~,~-J ; ~ O - APILCAI/Ti ~ NNP.Y EaK NWTAN:r n.aiN+°n~~ e••"'r.?:+~ .~I ' YLV~SRR/ r~lY M Yelr 14N PSE WrleCr S reN~ 3ANtlTIRY LEAFMNG I NiJ~ f CIITC ~NY AM ~i f m euu ~ mASr xY NryKwrF f.n ~rffi~ ~ ; POPL rY 71..'+iP•",aIY""'Nuv-! 4ay.M1.y, PryT':.A:.. k E v I N E r a o . f Y•fi hM""'A .ibnh A+3+W gIM6M11011~=R_ 10 i - - ~ F. Anu i~NmlOw..thA.r ~~I - .~ewm. J BIDWfLLF NNIW.a wN]w - - war mwARO A j AN n.+-cw, y.•.~.A. AO,gEyI s zvnyo • ,rs _ zr ~l AT CUTCHON GY EROS TOWNC ~$SOUTHOLO ' W N I b1 [rrxr~ POLLAK FAWY PARTNERS`i SUFFOLK COUNTY, KY AANMtl seyN sq-%- AS 1UYI11 pT3pgiAyO w w, n - ..,.•w Feb 19.1991 JUL1P n. Cal= Nov 41993 - ~T LONG _ /5(AND RA{ ROAD ;.+n+e JMttib SLRVEY ScY. Y'•p0' ttYt Krai uYi.6w s tiW~ •wirr' cTS T.[. rp eMH'i~ Fr-z sx M-7 90 -172. - -A - PAVE TO COUNTY SPECIFICATIONS j MID0L E_-__-_-_._ - I r S BAST so u NO LANES ROAD (C R 48) - REO UIIR t E D ti•.. a KEY WII~~,, a O:v~ 6~ \ ~ Pe~I v e -fTp`_I e~ reAf ~a~ 4 e ~T ~ A ~ I II TYPICAL ~~J °,1.(e s/o91~ Rl,r 1\ i'I II ENTRANCE OR EXIT (MIDDLE RD.) ftr-,.~ NO SCALE I A EXISTING _ ~M I kilb Nt>? r 4 1 PARKING CRITERIA rr \J , sH.{ n9• I mo: a f yf L ITIA. . saLES zo°JZ°B :°s `iiioo°s T..J lo- I' Iil< 1 ;Je eswLOr£ES m is I I r p,. _ • ? PROPOSED IO, I 41 g \ <ROVIOE 3. SVAEE JJJ ORAINGE CRITERIA 1, IS, ~~\\\v ~!~-`isarz I j _ ' OI A.L1icave. Lucm Eo.s.ar. o...N 1^~- 6R%VEL 8,966 V I s / e I / jSpld I-'~ 9,%S an. a9 esa.. p9 ~~z 9 ` s pf.-~ waza-rra yr om. o.Ir i o rinz•aIU vuE ra p, 9 r+e c..E { P ~ C$ I ~ I Z _ J B~ A r.- 1pFB e•,b ws xnr.xrosraeu oeuas r d` row ~ K"' aea ~M' CONTOUR LINES ARE REFERENCED TO NOVA R' _ bra I / ELEVATIONS ON PLAN ARE REFERENCED TO NO.VD. o- :max: •"'`OeAS I 9 6 f DRAOUSE IUU'LlxE TRAF/IC OIRE[TIWI F•. - % 4 )9 ' vI , / Ekr9TIM ELE."AN TO CAL AREA 14.95 . ACRES . LOT OU." cRwwIAw JPOmur me r oY :~.oII. ..e...aa N.....••. r_. acsrl:.; SIIM.`vr~SR z~, ~ a~4oeA"~~ x MIDDLE ROAD Y PLAN L ~ xas ALSrmAa SCALE 1'=20' W j `d A 'am IzaO inr SEPrrY w L 93W Co wNTS IT. _ ~Np xT Ian anKKn MTeGT SAfd TARY LEACHN: Ll I / PnOOL _ i N 61-44-- Qj $ sm mrvcr r [I Si@ A 24bSp . J _ SITE PLAN A mwrvo A o FOR VINEYARD 48 m`..wnoa. A>a~i°'zp~ I n..,.• AT CUTCHOGUE mr ~.OS. B TOWNOFSOUTHOLD~ as $ - SUFFOLK COUNTY, NY •I A _ _ - -3 iKYIAK fAAIY PARTIER6/8 ® 1 9,1991 Nov A. B. , 19 FinaQ LONG /SLANG RA m L_C R~woxu Aue 1 14. 1996 6 ( R SURVEY - L e ~.,w DPI ,O ~ Oft f" e I FLT m ~ .N%0. x IIBT 90 -172. • MIDDLE ROAD C. R 46 r - 5a ~48 LOCATION MAP AMENDED OnlL PI N 2Q_ in FINt VIM YAND4 n SCTMYIBPD-9L-463 V Id 9n S I 'vN3. 2D >7 iCi~r d`~ 1~2.3^OFF..: ~BUyISES C 9-O x II j 4'5' es Lp .3'.1 I RMa TwlneR m 2,032 q.(xl a il/LOOSf N I / I l_.~fews 7 utilcai @ 's~ Z i • 4 -k Auvgry PMiIA OW Slue) 320 q. R Wl 1,H)W Off- 1,480 fm Oei¢III" Is ' D L, 1 ll sd RS ~A IG ry S., 3,000 q. 6:d safe III~ ) ~~Ir3 Sf.i. OdF.T CX/ST/MC GR[LJ/1G,!) o {xT" J IN EJ ~'J I 1J o OFF LA A/~.~I _/C,A4NE5 der 4 /yPy p Sww 'rmu mx100 RMI If n 'po .4 OvbMv PakmB I 20X'10 Rmdl l/2MSf 2 \ d `1 30X60 gedI IROOef 4 h p 59a smgwi wt~62 fp[a \ \ IN - - SeraW Oar flow a(ICO on 1 'Q^t-Aowl-ssa4a Y~f 4 ~ . ?WO"'HsAe(L l~S.eTAT~br e ow ss / '74 rs w 11 w4-2$. / oVpR{6 - - MIDDLE ROAD r .1?~/ ~`°aY sa . C. R 48 Clem ],dml; uqe s. b.lawe J Nelvmki ~ _ - _ RR2. 11250 Clr U 41 P M.35 ~ryI I \ rPUf?RFq / • CA.hory NY 11935 NY 11935 I h, Jmepk B Sheen Omke -YariOh 1000.9SI-1.1 1006966-S1 II 2M Jehn Srt I fiR.iCS 0M 11 NJ 0]619 N S/ - pvpr CP 'Sf4~ nM 7 104]6 s6+5 ~~cy-?67 i +I ~~e6as /P 6 1 - OImtl.MCUdell - I OWN10L 1m0PW wuwimj 19910 1 1 mm. Rdtl I 2550 aea~e ROel I cwa~ MV -ysL 0(. NV 195 I 1000-9641.4 I I I i ~I ~ F ,yI NOTE'IMolmatl6n in the drawing waa taken tram ( I s va . SITE PLAN dA&d Feb. 1991. Awat 14, I (Firep, done by PECONIC SURVEYORS. _ yp, 1 I ' lyr~/F P.QncESS/</G ~Q" / 11 - WE PLAN debit an DRAINAGE and loayhA Smkzdgd,; SANITARY Raw not been m dffWd STOr~AGE Cuedogue NY 11935 TiVC rE$~C J.'h A SSEnnzdwl0 ' 39]yL: 6 2 'ry%ry - PDOox615 1006102-1-11 1 CuicMPe NY 11915 ~ - O~p.4 I - PR 1aa6964-6 ~yd~. / - ~w ep.w lien ue rt6>~ed brv.c vn. Cdlc,. ml6 O / FYV.dommPkaxrttaared lO N,G.V D. li PoBaz2601 I~ '-T~- jAL: R$CAFS I( ~ / ?I . Cixh~ Eql Henpoa NY - a TM Powv DErs W B-114 CO., LLC I .141.1 .f Ekv.fiw P() M 1 PoOax F-- W. Fl. NY I/ 1006102-LIS 1fd LG: / e/ffi MYtiNek NY 11953 10069641.3 Tm1 AOA(Se~119 )r+ea - fi awa11u1Cave.f.01% ILf 63S ~/f(j - Pmpaed W Covmae OU %(wilE Pak B.m) ~ I ~ _ 11, Ir I% ll I~ L l+m.apal ~ ' l•4bJ°suGD /stAAo RAN. Rom l i uE 1ladre NO3Y5 FROM PECOMCSURVEYORS, P.C.P.O. il~ 909, SpuWOW NY APDRAINAkollap GE Cli=IJ 11A297. °""'°rvfYt I a I I I Aa iilDimim:ApkuWeCa.wwOw (AC) ) APkdnrt Oi6uim 01 EXISTING: 67145 K.& (7745.017. 1) IJ17-A e l - - 29 Comau~ue Nee rtfiSmldD NGV.D. AIg®unle pv<mem 29t5gR . r~ Eleraim~on Pkm.rt rtf db N.QV O. (M6$5x0.17x 1) 50l fi. o RfV,.. 1.-28-/d Gavel Am 2&166 p fl. 13irtdim dwam nawlaain.fe lanm. _ 2.94a aa.rt. -,eev z--zz-/a - Tnmc Dhcam (2g166x0.1tx0 F'pdna Ekamw 1 Groadwsle Mea0mm11unp IV ToW Fikling 4,161 cu fl. _ i am REV. HraIN DeW0Plml Apgov.lk1996 ruP iek4&uNkP 4t6U421 133 .L >a1AYa9~ 'SPED ~ C" "X1z 94 xC {'MEND.,yGtiI . SITE PLAN 11 -12 3.66 ACmx30D gpNert-1,100 Odlmlpg6t Ww.ed i e"` 6? e f IMUSpiel Sko~ydwuebauq: 1101 q.ft Eaiek{x.06 LP4-193 Md Edpip lOkddn[pods o(Pdwelm xl2'dap VINEYARD .48 Teslinl.Zm(W6Smrt) m MtrJlm3l1J3 N.& X.05 PbA.ft IM PA. NEWRROPOSED-mofofpok ESe6000q.ft(6000x017.1) W -A., TOWN OF SOUTHOLG NY SK i_ OR 200 q.ft 36 S.pd Told O.Omp 330aPd. v Exiekp Ivoi SMix Tqk mvi&I330 It 2-6154] IPA, (2 dW mw) 6W62.2 - 16 SAMTARY LEACRIRG er ^P p,6^.,. e` CNORNO ASSOCIATES New Pale 0.1. WOVromlm kWtm)-behwvp Paad.dk T.YVy RIXa Papa~MO kchio9 POOP ofSdkmmuxl'dap POOL f .ars r iipt ro scuc 1 °^'°e1e" 9^ MIDDLE ROAD xd 1 - (C.R. 48) w - EASTBOUND LANES l ~ 5 KEY YAP / V TF Bury ' Iua+.nr I iT i e J f o j / uI l~jnF n ~ ~ w`s n=a.ns ~'n ran•'e inass .e~x•°.>I, l~Itr e Sorv`e.o• v:°R+ws ror w • lira sa J o I4 ro.w 4mlrsw Nn.. _ / i.. • n b " ~ I ~ ORAIMDE CRITERIA aniaau•,O. ruq%V Muv 6"~°^ F16rM .ma+s TTU wn ror= uN% _ _ I A -act ~ ~ i. pnN~iwrc'ae v. velcx.-Paessan. 137'.11 PAe'E.•alT •I- wlr wx i n ws I 4 ~ I =mush taws nn 4.66.0./T.0.B Y9 , mr, i / .3ie'S .T an S I e n C f 3 5 J M]nBt ~P.IIJ N. .a~/IX[ I ~ ' - I IIFVF'F IO IPa BWY My noox` wVLx /,F i ~Y I O - rat BARN .a A0 & sea .gyn. ?fir ~.L rFO \ p I 6BWK.Y •161 K i ~ iYMN1E P xpa BI B aep CONTOL L/NES ARE REFERENCED TO N.6V.B ^'`^"'+•en n•n 9 a;^=m u nrT+ i i I ELEVATIONS ON PLAN ARE REFERENCED TO N.6.V0, (T-/ ~..T. • r - - y • M nRUluaF IUWTL/NE TT[I7 T%.FFc iL1 BINCCna% IXIiT/I/i FxfV1IlW s w b i ~rtL-~l~ I r~ a °Pis~ ` r r a. I ~rr b T _ _ - 1 T- 1 TOTAL AREA- 14T 5, ACATS LOT M= 71~ N IrQi~ ~-~r IJI1_I'Lil _v uRa p ,}p ZM iI~OS-IY eYA AY IXYOB.LL ~ ~.FEA •/%+B% ' TTT ~ ll_1 LJ~ L~ 1_~ ~ 1 y~ - Ib r°ais'I°vP~r asacT+ta Pt. G S$~ '1 SWRN60~ N . IIeT - _ _ - - _ b Q 4$~ 1-.__ I Y NDw.suerwwnrxsm u 1 1 f_ r ~ T I masvoBwn.u N.aue.vrtrv mTmt~ 6 11111 L~_ - I` us.o.. ,xmcwe M rzcrrox . cm - ,o J r - sexNCSO Sroulsmwomcnuwunoxs . ~ ~ ~ T 1 0 ~ Lt ~ mw a.• : ]]J.AS -xu,.. ®a 0 _ _ - - we.m wme.ns Swo ma A~OLE b ROAD C R. AR I ~ a b rOw uarona. IJ M1 r J PLAN ssnwsosrosu.nmNOmcx SCALE: 1'=Z0' soncrav J - 1 aeJ 1,)1x00 Wlmfu lavlVx® dAp.4p N8M I ~ d ~ I Y - %.wwluantnwN.. Nns®w •~xe - ~ i - S I w,ioxP.o„N.ama.wmi~~ IPAOIIXL WOI] -5 L 4' I ~ Aw1K.n%r, ~~~®alar. ~ r snnwl,s .]a.swl..naaa<..Il.wm;.e C vsIPAU wFers.xc I / ,T-.c a~Naui NV rax sam ssrlsr • uwarl..nw XNnelv<,azp.],fnft.TV<x.B Rem e•m.o.r^n. ^y <rzrwyl I118b nlxrmEM<a<.Y• M soR SF Srmm.nmRrO.ama mainly- I f TOTAL ApFAYS FQR PARER. NlOPAAnR Nw e<wNaRCU%i•.nsN.~ • srgA . ~ ' I i a..Rr Nmc<a . Rey V I E Y A S R D ~ y tl6 . - I 5171E PLAN FOR { d' a B . VINEYARD 48 ®m A. A aue Dice xxBEFi+l szvggD• I ry•- p >n>s. tOWNOFSOUTHOLD SIFFOLK COLNJTY,Y, NY sax. $@ POLLAN FAALY PARR8f3li YaD-M-d-A9 a ~~Y ~^b~ry~. peawwn~n al yV .ate, 'y&<u MAW u RA( ROAD &FVEY '1)1 snNS r. xm• _ ro`- xi. smlN,'` r>y. 90-17. B. Planning Board Approval Resolution and Letters 1.1995 site plan approval resolution; 2.2006 C.O. approval letter (final inspection) (as-built plan approved). ~~gUFFO(,~ PLANNING BOARD MEMBERS =0 a Richard G. Ward, Chairman Go x Town Hall, 53095 Main Road George Ritchie Latham, Jr. 0 P. O. Box 1179 Bennett Orlowski, Jr. Southold, New York 11971 Mark S. McDonald ~1749( Fax (516) 765-3136 Kenneth L. Edwards ""'{o Telephone (516) 765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 11, 1995 Joseph Fischetti, P.E. Hobart Rd. Southold, NY 11971 Re: Proposed site plan for Bidwell Vineyards SCTM# 1000-9641-4.3 Dear Mr. Fischetti: The following resolution was adopted by the Southold Town Planning Board at a meeting held on Monday July 10, 1995: WHEREAS, Bidwell Family Limited are the owners of the property known and designated as Bidwell Vineyards, located at County Route 48, Cutchogue, SCTM# 1000.9644.3; and WHEREAS, a formal application for the approval of this site plan was submitted on April 12, 1991; and WHEREAS, the Southold Town Planning Board, pursuant to the State Environmental Quality Review Act, (Article 8), Part 617, declared itself lead agency and issued a Negative Declaration on March 27, 1995; and WHEREAS, a special exception was issued by the Zoning Board of Appeals on May 4, 1994;and WHEREAS, all the requirements of the Site Plan Regulations of the Town of Southold have been met; be it therefore Page 2 Proposed site plan for Bidwell Vineyards July 11, 1995 RESOLVED, that the Southold Town Planning Board grant conditional final approval on the surveys dated May 17, 1995 and authorize the Chairman to endorse the final surveys subject to a one year review from date of building permit; approval of elevation drawings contained in the detailed construction plans; and fulfillment of the following conditions. All conditions must be met within six (6) months of the date of this resolution. 1. Curb cut permit from Suffolk County Department of Public Works. 2. Certification by the Building Department. 3. Grading and drainage plan with drainage calculations. 4. Existing buildings and uses shall be brought into compliance with Chapter 45 of the Town Code. Please contact this office if you have any questions regarding the above. Sincerely, Ricftard G. and Chairman MAILING ADDRESS: PLANNING BOARD MEMBE or P.O. Box 1179 JERILYN B. WOODHOUSE ~o~~OF SOUlyo6 OFSouthold, NY 11971 Chair FICE LOCATION: KENNETH L. EDWARDS Town Hall Annex MARTIN H. SIDOR v+ 54375 State Route 25 GEORGE D. SOLOMON ~p (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND O Southold, NY eouffm Telephone: 631 765-1938 Fan 631 765-3136 PLANNING BOARD OFFICE June 27, 2006 TOWN OF SOUTHOLD Mr. James Eller 01 East End Wine Consultants P.O. Box 590 Deer Park, New York 11729 Ike: Certificate of Occupancy Inspection for the Site Plan previously known as Bidwell Vineyards and currently known as Vineyard 48 County Road 48, Cutchogue SC'MY 1000.96-4-4.3 Dear Mr. Eller. As per your written request dated March 29, 2006 for a Certificate of Occupancy final site inspection, Planning Department staff performed site visits on April 3, 2006 and Jute 26, 2006. In reference to the above, the Planning Board has accepted the 'As-Built' plan dated February 19, 1991 and last revised May 18, 2006. As per your letter dated June 21, 2006, the Planning Board has accepted the minor changes in landscaping along the vineyard rows on the west of the parking lot and the east side of the tasting room budding. This is to inform you that the site plan requirements have been satisfied conditional of the following items: 1. All signs shall meet Southold Town Zoning Codes and shall be subject to approval of the Southold Town Building Inspector. 2. All handicap parking stalls and access aisles must comply with New York State Code and ADA requirements. This letter does not condone any changes from the approved site plan and approvals from other agencies if required. If you have any questions, please contact the Planning Board Office at (631) 765-1938 between the hours of 8:00 a.m. and 4:00 p.m. / spectfullyyours' J ' yn B. Woodhouse Chairperson cc: File Building Department Town Engineer MAILING ADDRESS: PLANNING BOARD MEMBE P.O. Box 1179 JERILYN B. WOODHOUSE ti~~~OF SO!/jyo~ Southold, NY 11971 Chair OFFICE LOCATION: KENNETH L. EDWARDS # Town Hall Annex MARTIN H. SIDOR rn 54375 State Route 25 GEORGE D. SOLOMON (cor. Main Rd. & Youngs Ave.) JOSEPH L. TOWNSEND O',COU'M' Southold, NY n 1, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE May 23, 2006 TOWN OF SOUTHOLD Mr. James Eller East End Wine Consultants P.O. Box 590 Deer Park, New York 11729 Re: Certificate of Occupancy Inspection for the Site Plan previously known as Bidwell Vineyards and currently known as Vineyard 48 County Road 48, Cutchogue SCTMN 1000-96-4-4.3 Dear Mr. Eller. At your written request, date received on March 30, 2006, for a Certificate of Occupancy final site inspection, Planning Department staff performed a site visit on April 3, 2006. In addition, the Planning Board, in their work session on Monday, May 8, 2006, has accepted the Town Engineer's comments and reviewed the last revised plan dated May 18, 2006 at the work session on May 22, 2006 which includes parking changes and ADA parking/access. In reference to the above, the Planning Board has accepted the "Site Plan for Vineyard 48" last revised May 18, 2006. Please be aware all parking must conform to Town Code Chapter §100-191 and State and Federal guidelines regarding handicap parking. This is to inform you that the proposed changes must be completed within six (6) months of the date of this letter. Once all of the proposed changes have been completed, please submit an as-built site plan reflecting all of the changes made and notify this office in writing so that a final site inspection may take place. If all requirements are satisfied following the site inspection, a final letter of satisfaction will be issued. Please do not hesitate to contact this office should you have any further questions or need assistance. Respectfully yours, nB 4nrily . Woodhouse Chaicc: File Building Department Town Engineer s ~ C. Planning Board Public Hearing Transcripts • June 3, 2013 • July 1, 2013 • Southold Town Planning Board Page Two June 3, 2013 PUBLIC HEARINGS 6:00 a.m. - Harbes Greenhouse & Farm Shed - This site plan is for the proposed construction of a 30'x96'(2,880 s.f.) greenhouse, a 12'x16' farm shed and a 10'x16' poultry pen on 13.5 acres in the A-C Zoning District. The property is located at 555 Sound Avenue, ±830' w/o Aldrich Lane, Mattituck. SCTM#1000-120-1-3 Donald Wilcenski: I would like to ask if there is anyone from the audience who would like to address the Planning Board at this time, please step to one of the podiums, state your name and write your name for the record. Hearing and seeing none.. William Cremers: Mr. Chairman, I'd like to make a motion to close the hearing. Martin Sidor: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. 6:02 p.m. - Vineyard 48 - This amended site plan is for the proposed construction of a 40'x 100' pole barn pavilion with two walls, a re-design of the existing parking areas, and the addition of an overflow parking area with 100 parking spaces. Existing on site are a 2,032 s.f. tasting room, a 320 s.f. accessory retail store, 1,480 s.f. office, and 3,000 s.f. storage building and 11.3 acres of grape vines on 14.9 acres in the A-C Zoning District. The property is located at 18910 CR 48, ±340' w/o CR 48 and Depot Lane, Cutchogue. SCTM#1000-96-4-4.3 Donald Wilcenski: At this time, the applicant's attorney would like to speak first. I know there are a number of people here; everyone will have their chance to be heard. Pat, we would like to give you a chance to answer the questions that are brought up tonight at the end of all the questioning from the public. Patricia Moore: Good evening, Board. You'll have to excuse my posture; I pulled my back out, so I'm looking like a pretzel. I have with me this evening for this public hearing, Matt Metz, who is the principal of Vineyard 48; he is president of the corporation known as Joseph Paul Winery. Also with me is William Moore, who is going to assist me so that when the questions are asked and if I am incapable of withstanding too much of the ammunition, he is my backup. Southold Town Planning Board Page Three June 3. 2013 Patricia Moore: I am going to go through and review something that the Board is certainly familiar with because it was part of the file that I think in fairness so that the neighbors understand everything that we have been going through. I am going to go through the use and the history of this property just to get us started all on the same page. Vineyard 48 is obviously located on CR 48 in Cutchogue and it is considered a farm winery. The farm winery produces wine primarily from their own vines. Development rights have not been sold from this property. So the property is intact. As you pointed out, the property contains 34 acres; 14.95 acres on CR 48 and 18.5 acres on Depot Lane. All the land except for the 3 acres with the winery structures and the parking is devoted to the vineyard. The property contains the original winery building retail area, the tasting room, office for winemaker, processing buildings and wine tasting pavilion. The winery uses 3 seasonal tents for outdoor seating and serving: a 20'X20' tent, a 20'X40' tent and a 40'X100' tent depending on the need. The history of this property: it has been in wine production since Robert Bidwell purchased the property in 1982. A survey from May 1986 shows parking and existing buildings-including the concrete block building which was used as the winery for Bidwell Vineyards. In 1990 the Zoning Board granted a special exception (which was the requirement at the time) for the original structure which included the retail sales area. The 400 sq. ft. retail sale area is the original building which remains on the property as the retail area for the winery. In 1994 the Zoning Board granted another special exception for the new tasting room pavilion-that is the existing building. In addition, in July 1995 the Planning Board approved the site plan for the winery use for existing and proposed buildings. The site plan provided for parking and drainage for the existing buildings as well as the proposed wine tasting pavilion. The parking along the front has not changed on our proposed site plan. After the tasting room pavilion was constructed and a certificate of occupancy was requested from the Building Department, the Planning Board reviewed the as-built site plan. The site plan was last revised in May 2006 with some minor revisions to the landscaping and the parking. On June 27, 2006, the Planning Board found the improvements to be in compliance with the approved site plan. We have what is considered primarily a seasonal use from April until October depending upon the weather. Agro-tourism is an important economic stimulus to the local economy. CR 48 is the New York State Wine Trail. Vineyard 48, as well as other wineries and large farm stands provide outdoor seating under tents and canopies. The canopies and tents conform to the State Building Code. I am going to give you a memo regarding the NYS Building Code, which I will incorporate into the file. The Town began issuing criminal violations and simultaneously pursued Supreme Court enforcement actions against Vineyard 48, claiming that the winery was exceeding the Southold Town Planning Board Page Four June 3. 2013 occupancy of the tasting room pavilion structure with their outdoor seating. Despite ample overflow parking on 32 acres, the Town sought an injunction to stop the use of the tasting room pavilion with outdoor seating. The Town alleged to the Court that if the site plan only showed 33 parking spaces, then Vineyard 48 could not exceed the number of cars. The Town insisted to the Court that an amended site plan had to be submitted in order to approve the occupancy of the property, which included seasonal use of canopies and tents. Vineyard 48, in an effort to resolve the Court proceedings, agreed to prepare an amended plan. However, when the site plan was submitted showing the seasonal canopies and tents, we were advised that the Planning Board does not site plan tents. My client was directed to remove the seasonal tents from the proposed amended site plan. The plans were revised and the pending amended site plan application shows a tent area and future pole barn. The pole barn will be built for next season to replace the use of the larger tent. This season, Vineyard 48 needs the seasonal tents to operate the winery, particularly during inclement weather and the summer heat. In April, Vineyard 48 applied for the seasonal tent permits. The Building Department referred this application to the Planning Board and received a response on April 19, 2013 which contradicts the Planning Board's directive to remove tents from the site plan. We have provided a site plan which shows the overflow parking for 100 cars. The Planning Board has requested the Building Department deny tent permit applications and we ask that the Planning Board refrain from interfering in the issuance of tent permits. In the Town of Southold, agricultural properties such as wineries, farm stands and open field tourist attractions place seasonal tents on their property to accommodate the seasonal tourism. The Town may not adopt regulations which deviate from New York State Building Code. The Town Board, on May 7, 2013, adopted a resolution establishing and imposing guidelines on the Building Department. The guidelines are procedurally and substantively illegal. Moreover, the Town's interference with farms in the agricultural district is a violation of Ags & Markets Law. We raise that on the record we understand there will be a lot of comments, and we just want to make sure that all of that is made part of the record. In an effort to resolve the disputes with the Town, Vineyard 48 proposed on the site plan a 40'X100' pole barn. This pole barn is to be used for seasonal seating. Portable picnic tables are placed under the unheated seasonal seating pavilion for the winery, which will replace the 40'X100' tent located in the tent area. The structure has no water-only electricity. The pole barn has been designed with walls on the west and the north; the walls are proposed to provide greater noise abatement than the open tent. Throughout this process we have insisted that the Town should not be site planning the manner of operation of any use. Wineries are an agricultural use which is dependent Southold Town Planning Board Page Five June 3. 2013 on tourism. In the amended site plan application, we made the Town aware of the efforts that have been made to address all complaints-even the most unreasonable and unjustified complaints. With respect to complaints (and we anticipate we will be hearing comments tonight), so you know what efforts are being made: the winery operates primarily during daylight hours. The minimum noise heard at the property line competes with the traffic noise of the busiest summer months on a dual highway, CR 48. Vineyard 48 intends to invest in that 40'X100' pole barn to replace the seasonal tent which is used as seasonal seating for the winery. The barn is designed with a north and west wall. The opening of the barn will be toward the field and courtyard. The closest neighbor on the north is approximately 250' from the courtyard and tent area. CR 48, the dual highway and grass median separates Vineyard 48 from the neighbors to the tent which controls most of the noise. However, a wood structure and side walls will be constructed for the 2014 season to further assure the Town that every effort is being made to address the neighbor's complaint. Until then, the canopy of tents is needed. We certainly are willing to add a north and west wall to any tent that is placed on the property in order to provide further noise abatement. With respect to noise, Vineyard 48 owns and operates a decibel meter. The decibel meter is continuously monitored by Vineyard 48 during the hours of operation to assure conformance with the Town Code. Measurements are taken at Vineyard 48 property lines. To date, there have been no measurements which have violated decibel limits set forth in the Town Code. With respect to traffic, queing is shown on the site plan. Buses and limousines are in contact with Vineyard 48 prior to their arrival. After delivering the passengers, the drivers maintain contact with the staff to coordinate pickup. Overflow bus and limousine parking which cannot be accommodated on site is directed to park at an industrial park off the site. Limousine parking is provided mainly on site along designated spaces. Guests and management must be able to readily contact the drivers for questions and departure. A letter is provided to the limousine companies to advise them of the manner of operation and Vineyard 48 rules. Once vehicles are on CR 48, they are required to follow NYS vehicle and traffic law. U-turns on CR 48 are permitted. Overflow passenger vehicle parking is shown in an open area to the south. The vehicle traffic to the parking field is directed and supervised by qualified personnel. The flow of traffic is easily controlled by one-way direction into the parking stalls. The interior driveway (to the extent possible) is using existing farm roads. The farm roads maintain the agricultural character and do not interfere with the vineyard operation. Finally, with respect to the traffic, Suburban Security has provided professional security and traffic control services in the past. With respect to guest behavior, Vineyard 48 and the security services reserve the right to refuse to serve intoxicated persons or entry of vehicles with intoxicated passengers. Security patrols the area and monitors pedestrians touring the vineyard. In order to U01 Southold Town Planninq Board Page Six June 3. 2013 prevent unlawful trespassing beyond the bounds of the vineyard, private property signs are posted south of the Long Island Railroad tracks identifying the limits of the property. With 34 acres of farmland, trespassing can occur by foot from the south, from the more populated areas. If Vineyard 48 staff witness inappropriate behavior, they are directed to address it immediately or call the police. Vineyard 48 has been prosecuted based on You Tube and other internet sites which are hearsay allegations. Vineyard 48 management cannot address behavior unless witnessed by staff. It is difficult to site plan for alleged isolated actions of adults. Any tourist attraction-even wineries-has to address common course of conduct. Vineyard 48 has been aggressive in addressing alleged isolated behavior problems. The owners have hired new management. The winery is open every day. However, the site plan is addressing at most the most populated weekends two months of the year. In the summer and in the fall, the winery is closed by sunset on Saturday and 6 p.m. on Sunday. The staff and independent contractors are on the premises and paid whether it rains or the sun shines. With respect to music, most wineries and some farm stands provide music entertainment for their guests. The Town was accusing Vineyard 48 of dance parties. Last year, management addressed this allegation. They hired local DJ's who are familiar with the Town ordinances. Local DJ's provide music on the weekends and represent to the owner that the noise ordinance would be followed and that they do not use vulgar language. DJ's are better able to select music which varies and the volume can be controlled. To control dancing which was alleged to be excessive, it was moved to the courtyard area and picnic tables were placed under the larger tents. There would be no room to dance under the tents. No other agricultural vineyard in our opinion is harassed as often and as continuously as Vineyard 48, despite the manner of operation of all the vineyards-which is for the most part the same. Vineyard 48 hires local independent contractors, local employees and actively addresses any actual or perceived problem on a continuous basis. In February, in an effort to show good faith and resolve the Court proceedings, they filed this amended site plan with the seasonal parking and to construct a permanent building with walls. The walls are proposed in order to control what the neighbors have alleged to be unreasonable noise. As I said before, my client is willing to add a north and west side to the larger tent in this year. Vineyard 48 has exceeded the expectations made of most wineries. The manner in which the Town has enforced the laws and interfered with the winery exceeds the bounds of reasonableness. This amended site plan addresses these complaints. We are here to listen to the neighbors and we appreciate that opportunity. Thank you. Donald Wilcenski: Thank you, Pat. I know there are a number of you here that want to speak, so I'd like to do this in an orderly fashion. Let's start on this side of the room. If anybody would like to speak, please step to the podium, state and write your name for • 0 40q, Southold Town Planning Board Page Seven June 3. 2013 the record. We will work our way across the room and be here as long as we have to, within reason. This is a public forum and you are here to address the Board. We are taking all the information tonight and it will be put to the file. Please do not speak out to someone or try to answer someone's question. I will ask the applicant's attorney, Pat, at the end of the public input or questions to respond and answer as many questions as you can or choose to. Joseph Zuhoski, Sr., 5455 Depot Lane, Cutchogue: As Pat mentioned, Bidwell was the original owner. While he owned that property, there was not any noise being produced; it was used strictly as a tasting room-no dancing, no screaming, no hollering. The pole barn-how tall is that going to be? What is the height of it? Donald Wilcenski: Excuse me, we will answer the questions-Brian, do you have that? We want to keep this orderly: I just want to reiterate to everyone. You can ask the questions, then Pat is going to come up at the end and she will answer as many as she can. If we have the answers right away, we will answer them. I'm sorry, Mr. Zuhoski. Brian has the plan: it is 18' high. Joseph Zuhoski, Sr.: Thank you. Pat mentioned that the north and west side would be blocked off, but that means the east and south are going to be open. I happen to live to the east of that building. I'll be getting the brunt of all the noise that will be coming out of that barn. As it is now, I have to close the windows of my home on a Saturday afternoon and Sunday afternoon because the noise is so horrendous you can't stand it. The drum is beating; people are screaming and hollering-it's outrageous. Last Saturday evening a man got up on top of an SUV and was dancing around waving his hands screaming. These people are out of order. They get drunk, they are all over our neighborhood. This has got to stop. As you may know there is a place out in Hampton Bays they call "Bawdy Barn." That's a night club. Well, to me, what's going on here in Cutchogue on Depot Lane 48 Vineyard is a "Day Club." Thank you. Donald Wilcenski: Thank you. Anybody else from this side of the room? Again, I will remind you to state and write your name for the record. Joe Zuhoski. Jr.: I live just west of CR 48 Vineyard, right behind the young lady, that last house on the bottom right hand comer. My dad is right across the way from me. We built there in '87. Like my dad said, Bidwell was there. I'd be out in my garden, all of a sudden Frank Sinatra would start playing. So I'm singing "My Way." But now these guys, I'm telling you wow, it's a whole different animal. You've probably heard stories about the guy that caught the people in their backyard doing the deed. I'm the guy-I've got the pictures. I've had intrusion from the people over there-they're rude. We ask them "Buddy, what are you doing here?" We are told to you-know-what with ourselves. We're at wits end with these people. There is no control over the patrons. Southold Town Planning Board Page Eight June 3. 2013 I've found wine bottles in my backyard right behind my shed. Like I said, the couple was doing their thing-I had to call the cops. I had buses down my driveway pulling over my grass and my yard. Private cars from their parking lot coming down my private road which is closed and using that. How much more are we going to take? I was told to block the road off. Why should I have to block my road off? I gotta move barricades if I want to leave? Decibel meters-there are times I've had dishes in my cupboards rattling. That bang of the bass is just too much. Something is going to have to be done. I hope the Town does the right thing for us because this is going on too long. Thank you. Donald Wilcenski: Thank you. To keep things moving, you can use the podium on the right as well. Denise Lademann. 85 Old Saddle Lane: I live probably Y2 mile away into Oregon View Estates. They spoke about seasonal use, but when I complained it was a Saturday afternoon on October 22. 1 came home from work and my house was rocking. The walls were rocking. I yelled at my son to turn down his radio. He said: "It's not me, Mom." Then my husband said: It's from the vineyard. And it's been doing it all day long." There is a number of times we've gotten nearly hit by limos trying to make U- turns on CR 48. 1 have a little Subaru. It's hard to make a U-turn on 48 in my Subaru. I can't imagine in a limo or a huge bus. And it stops all traffic when it happens. Everybody going either way has to stop. There is going to be a terrible accident on this road. It's going to happen. It's just a matter of time, and the Town needs to do something about it before it happens. Because I would hate to see a loss of life over this. It's ridiculous. Donald Wilcenski: Thank you. Anybody else from the left side? Marla Koster, 975 Horseshoe Drive. Oregon View Estates: When we were here a year ago or whatever for the Town meeting, it was said that what's carried on here is outside of the Halo District for this kind of thing? Donald Wilcenski: I am not sure what meeting you are speaking of, but it might have been with the ZBA. We have not had a public hearing for Planning. Marla Koster: But is it outside the Halo area? Donald Wilcenski: Yes it is, it's actually in the AC Zone. Marla Koster: All right, so it's not supposed to be doing this in that area, right? Donald Wilcenski: It's based Agriculture. So under the Agricultural umbrella, the Ags & Markets allow for Agritainment. Southold Town Planning Board Page Nine June 3, 2013 Marla Koster: But what they're doing is a "Bawdy Barn" like Mr. Zuhoski said. It's really not-shouldn't be there. I'm sorry. Donald Wilcenski: Thank you. Anybody else from this side? Vivian Hinton. 515 Horseshoe Drive: As many people here are volunteer firemen, my son is a volunteer fireman. He went to the Vineyard either because somebody was drunk or got sick and they called the ambulance to go there. He went to the emergency call and came back. On the way back home, he gets into a car accident and totals his truck. This is because there were buses and limos parked on CR 48 and you couldn't see. He's coming down Depot (Lane) at the blinking light to make a U-turn to go make a left hand turn when this car comes out from behind two buses and hits him. Luckily nobody got hurt. In that car there were two young kids and my son's truck was totally totaled. That has to stop. The limos can't make U-turns; they shouldn't be parking on 48. They've parked in our driveway. Enough is enough. Something has to be done. Donald Wilcenski: Thank you. Anybody else from the left side of the room, or the right side of the room? Front and center: you can step to that podium there. Laurie Helinski. 18450 Middle Road: I am the closest person to Vineyard 48. My house is for sale. It's that bad. The last couple of years. Everybody tells their kids to go outside and play. My kids get told to stay inside. It's dangerous in my yard. They hired bodyguards last year. It's about time. They stand at the corner of my property. Instead of me having to fight with the drunks all afternoon, I get to listen to this guy fight with the drunks all afternoon to tell them to go back to the vineyard; they don't belong there. I can't tell you the action I see in it; I can't tell you how many times I saw people having sex in my yard. My daughter's graduation party video shows people having sex two rows in. I said: "Excuse me, we are having a graduation parry here." He doesn't even stop. Nice, real nice. I could go on and on and on. The litter: it's disgusting. Can't send the kids out to mow the lawn-I gotta go check because they not only urinate in my yard constantly-they poop. I grow my own food. They're urinating on my food. They're supposed to shut down at 6:00; now I'm back on duty. Whoever is left over- and those girls, they can't wait to take off their clothes-I can't tell you. Here they come! They need pole bams for the pole dancing. Because that's what I watch from my back yard. They're running through the vineyard and clothes are flying. It's disgusting! How that's agriculture I have no idea. I've worked my whole life in farming. That is not farming. I don't know what they think they're selling-they're selling Sangria in a pitcher with a straw. That's on their advertising. You don't even have to go to You Tube-look at their advertising on their own website. It's shut down by now. That's agritainment? News 12 Southold Tourism is gonna be: "What happens in Southold stays in Southold." There is no rules. You get on a bus, you come out here and you can do whatever you want. "'Cause it's fun; we're just having fun-we're just dancing." Southold Town Planning Board Page Ten June 3. 2013 Girls gone wild in the vineyards. That's what you got. Now they're gonna put up a big, big barn. Nobody's doing any kind of occupancy check. Just this past Saturday I had a bus stop in front of my yard letting everybody out. I don't know who they contacted at the Vineyard. There's no communication because they're letting people out in my yard. They're finally trying to get them off the highway a little bit. All of our small roads-our infrastructure-is not meant to handle these huge limos and buses going up and down Depot Lane, Alvah's Lane. They're parked on the side. There are no shoulders. You're worried about people who are coming out with their bikes because there's not enough room and you're going to let this action go on? I don't know who is counting heads going into these places, but guess what-you just count how many buses and limos come in and out of here and you tell me they're not over occupancy how many times a year? It's a joke. My house is for sale, my family's life has been ruined, my last son can't graduate with his friends he has been going to school with since kindergarten. I can't give my house away. Southold better wake up and smell the roses. We're paying for your open space. I'd rather be living in a neighborhood. I signed up to live in AC because I didn't want to bother people with my rototiller first thing in the morning. (inaudible) What do I get? Bawdy Barn. The parking lot out in the back is already there. I don't know why he's going for a site plan now-it's been there since last fall- it's already there. I don't know who (inaudible) pesticide license but guess what-they use a barrel sprayer-they're out there weekly-you gotta spray-1 get that. It's not even the one that's enclosed. They're spraying cars where employees all park in there; now you're gonna have people walking and parking through there. No public safety issue-what's up with that? The last time I worked the workers weren't allowed in the field for 44 hours. That's OK--parking in the way back and let everybody walk through there? Everybody we see rolling around in the grass give them the heads up: "by the way, don't go to the bathroom in my yard. You know you might want to go take a shower; they just sprayed this morning or yesterday morning." "Oh my God, really? Nobody told me." It's just flouting all the rules and all the laws and we are left hung out to dry. You guys are gonna get what you ask for. You got your open space, you got your vineyards. Good Luck. We are oversaturated with vineyards and you're gonna have a lot more people coming down the pike who'll do the same thing because you're letting them do it. Donald Wilcenski: Thank you for your comments and they will be taken into consideration. Believe me, we are all well aware of the situation. Jill Ann Johnson. 225 Horseshoe Drive: I wasn't so angry until I walked in this room and heard how everybody is following the rules and so why should the neighbors complain. I think if you were dealing with a responsible business, they wouldn't be taken out of the Wine Council, they wouldn't have the Farm Bureau turning their back on them. If they were doing all the right things, they would have support from their own industry. But they don't. It's all of the things that you've heard here. In the beginning, Southold Town Planning Board Page Eleven June 3. 2013 as neighbors, we went there and tried to hash it out and talk to them and see if we could work things out. But when there were no rules, nobody cared about what anybody had to say. Now they're here-"Oh, we want to put up a wall; we want to block off the north and west." 1 don't care what kind of walls you put up; the people who walked into my neighborhood twice and peed in front of my kids last year-are those walls in the pole barn gonna block them in? Are those walls in the pole barn gonna stop the ladies from running out onto Sound Avenue because they think it's a back road because they're from the city? Are those walls from the pole barn gonna stop people from fighting? Is it going to stop the traffic from lining up Sound Avenue? Because when my husband and I moved here it was only six years ago, and this wasn't what we were dealing with. We came to this neighborhood from Riverhead. We might be better off in Riverhead if this is how it's gonna be. At least I knew what I was getting myself into there. When there's public drunkenness you got it because you were in Riverhead. But now I'm in Cutchogue, and I moved here and I spent a lot of money. And I spend every dime I have on my mortgage and I am pissed. I invite anybody to come and live in my neighborhood for a weekend in the summer because that's not right. I'm disappointed because right now my kids are in the lobby and I should be home making dinner. This is the second time this year I've been here for this type of meeting. And nothing has happened. So who is going to look out for us? That's all I really have to say. Donald Wilcenski: Thank you very much. Bill Shipman. 75 Horseshoe Drive: Good evening. I am directly across from the driveway entrance there: approximately 130'. Ms. Moore said that they had the litigation in process here. May 24, 2012 was the first preliminary injunction to the Suffolk County Supreme Civil Court. Then on October 23, 2012 another injunction for the parking areas. These things were put in place because the Town Board thinks the business plan doesn't fit the zoning. They're having more of a night club atmosphere rather than a wine tasting. Also, presently since March 7, 2013 the NYS Liquor Authority is presently engaged in hearings and litigation with this company. They do not have a current liquor license; they are operating under the liquor license that has expired last year due to whatever the State has set up where they are allowed to continue to operate until the hearings are done. So I don't know how you are going to approve the site amendment or a construction project to somebody who doesn't currently have an up-to-date liquor license and are operating on last year's. The State Liquor Authority also feels this vineyard has misrepresented their business plan and the use of their wine tasting license. They are serving more than tastings; they are serving Long Island beer; they are serving sangria. A lot of this stuff wouldn't be issues if they didn't torment the neighbors with the noise that they produce and the functions that they had when there was no noise ordinance. When I asked the responding officer that would come to take the noise complaint: "Could you ask the manager to come over so that he can tell me if this is acceptable; you're here, I'm here, I promise I'll behave Southold Town Planning Board Page Twelve June 3, 2013 myself." "He's too busy." Well, now they say they've changed their managers. In one of the write-ups that they vineyard has, the owner is always present. They might be serving your wine to you. So they know what's going on. Back to the State Liquor Authority. The State Liquor Authority also says that the cigar shop on site violates their rules and conditions of license because within ten business days they are supposed to notify the Liquor Authority of any change in their business plan. They failed to do that. So them having that retail store there violates their liquor license. In the liquor license, they are supposed to have a 6 p.m. closing. There's plenty of reports that show from the Police Department 6:30, 7:00, 11:00 at night. So, what I'm trying to portray to the Board here is that's a definite conflict of interest if I ever saw one. Three separate litigations. By amending the site plan, you increase their ability to have these functions. You're telling them: "OK, we're not going to issue your tent permits this year because the last two years you've been off the wall, so we're not gonna give you the tent permits. But now we're going to approve a 40'X100' permanent building"-and that is going to be what they're gonna have their functions in? Conflict of interest to me. I'm not an attorney but I see that conflict of interest. Donald Wilcenski: I'm sorry to interrupt you. Just to be clear, this is a public hearing and all the information that we are hearing is going to be put into the record and will be under consideration. Continue. Bill Shipman: I've been working on this for two or three years-I've been suffering. This is what I have and I want everybody to hear. Again, if you approve something like this that's against the Town Board stance right now unless they've changed their stance (they haven't gotten back to me or informed me of this), I demand-and I'm sure many people after me will demand-that this site plan amendment and building permit be denied or at least tabled until all litigation is solved. Thirty days is unacceptable. If they have litigation, you can't tell them that they can build something or amend their site until all that litigation is done. Because obviously the Town Board has concerns and NYS Liquor Authority has concerns. This vineyard, I believe, is trying to seek approval for this so that they could sneak it in-this way when they get disciplined by NYS they'll go to the Appeals Court and they'll say: "Hey-- the Town allowed us to do this; why are we being punished?" That's how I'm looking at it. Just this last weekend, June 1, Vineyard 48 had approximately 400 people at their site. So now when we go back to Town Code: Outdoor Events and Vineyards for Profit. At which expected attendance exceeds the maximum occupancy, which is 125 for Vineyard 48 of the public area. So they need a special permit. They don't have it. They need it. When they go over 300 people, they have other things that they have to go by. All parking must be off the street; traffic control must be provided. You could go on and on. Limos and buses are parking down Thomas Drive off of Duck Pond. They have a guy with the flag in his vest on Mattituck Sanitation property parking the larger buses and the larger limos. I have Southold Town Planning Board Page Thirteen June 3. 2013 pictures of this-if anyone wants to see them afterwards, I've got them on my phone- I'll show you. This is what we have been dealing with for the last three years. So now somebody comes up with a plan to put a permanent structure up to replace a temporary structure that they are told doesn't fit that particular area. Back to the NYS Liquor Authority. Obviously they misinterpreted their business to them because their permit under Liquor License Winery Form shows a tasting. They're serving bottles; they're serving Sangria; they're serving beer. So, unless people can come up with definite answers to me, I think it's going to be criminal if this is passed or if the site plan is amended until anything is resolved with litigation. I am sure there are other people who want to speak, so I shall be on my way. Donald Wilcenski: Thank you for your comments. Again, all comments will be put into the record/file and taken into consideration. Anybody else from the center? Kathleen Scheuerman. 675 Horseshoe Drive: Is this winery going to be rewarded for breaking the law and you're going to reward them by letting them build a building that will be a permanent structure? Is that how our Town works now? I don't know. But I hope that you don't do that. I hope that you are actually listening to all of us. Because if you don't live in our area, you don't put up with the noise; you don't put up with the obscene parties and the people that they cannot control. When you go to the other wineries and you have a tasting, they're in, they're out-they're civilized people. We are not having that where we live. These are not civilized people; these are people who are coming out here to party and have a good time and they're being told: "This is a wild place." When you go into this winery, you don't see anybody over 30. This is a club; it is not a winery. They are having a wonderful time at our expense and we're the ones that are paying the taxes. And that's not fair. It's something I don't think they should be rewarded for. If, as the lawyer said, they were following everything and they were just being harassed, can you please explain to me why none of the other wineries have been harassed? They have to be breaking rules in order to have the kind of conflict they have with their neighbors. And they don't address any of the conflicts that go on. Now they're addressing it because they want something bigger and better. Are we going to reward them and let them have something bigger and better? 1 hope not. 1 hope not for our Town's sake and for our local community on Horseshoe Drive and on 48 and on Depot. Because we are the ones who are suffering and we are the ones who are going to vote and still run this town-they're not. Donald Wilcenski: Thank you. Jesse Johnson, 225 Horseshoe Drive: Like my wife was saying before, we moved from Riverhead. I lived on Griffing Avenue right across the street from the train station, which is not known for being the quietest area. It's quieter than where we are at now. We were making a U-turn one day, my family and I, right across the street at the Southold Town Plannino Board Page Fourteen June 3. 2013 vineyard there. I look over to my left down the vineyard in the vines there and there was a woman on her knees and she wasn't praying-let's just put it that way. And there was a guy taking a leak across the street. Mr. Shipman has kids and my kids were outside in the driveway playing. So, it's not even that-if I was 15 I'd probably be happy that that place was across the street because I'd be wanting to sneak in there. That's the way I'd be looking at it. But I'm not, and neither are the kids in the neighborhood. So, who are these people that have been carted out here? I don't know them. They're getting drunk-no doubt about it. Because they're doing wild stuff-all bad stuff. Not all of them, but all it takes is one. A three-point turn is not a U-turn. The case is made from the first speaker that to me, the way I heard it, they were forced into every compliance that took place-forced. My calls at first were: "I can't hear the Yankee game." I have the windows open in my living room in the summer. Then it was them just hanging up on me. Every time I called, the crowd in the background sounded like a party. Whatever has passed and if that goes through that's approval against the will of the people in the area. I think about how I had to pay that extra 2%. 1 paid that in Riverhead, and I paid that here. Property taxes, all sorts of stuff. The weekend is mine, just like the weekend is theirs. And businesses and residences are supposed to be neighbors. They're not compliant; they don't give a damn. Money talks. And that's the way it's being looked at. If it's done, it's gonna be forced against everybody. Anybody in that surrounding area not talking about it or complaining are just not doing it. But I know everybody in that neighborhood hears that music. And it's loud rap music being reverberated all throughout the neighborhood. Like I said, I didn't get into the details of the legal matters, but there's no compliance. They don't give a damn about the people in the neighborhood. C'mon. They don't care. I know they don't give a crap about me across the street. I know because they showed it over the past couple of years. That's the way it is. It's worth continuing to complain about it. Now that everybody's here, I'm just here to back them up. Matter of fact, after hearing about all this, I'll be glad to take more action about it, too. Thanks for listening to me. Donald Wilcenski: Thank you. Anybody else on this side? Pat Schwarz, 1020 Manor Hill Lane. Cutchogue: I do not live around the winery. I live on 25, almost next to another winery. I live by Trimble's Nursery. That winery has parties also. I have never had a problem with anyone coming out of that place drunk. I have never had a problem with noise, and they have parties there. They are good neighbors. They are good neighbors. The reason I am here is because I almost got killed last year. I was going east on 48. A limousine came around making a so-called U-turn and stopped dead in front of me-I'm doing 50 mph. 1 had to slam on my brakes and drive over onto the lawn in order to keep myself from getting killed. And he stops dead there. From what I understand listening to these people, this is something that happens all the time. They are constantly making turns there and it is dangerous. 1 Southold Town Planninq Board Page Fifteen June 3. 2013 don't want to be a statistic, and I almost was. And then you put up another light. Anyway, that's it. Donald Wilcenski: Thank you. Beth Shipman. 75 Horseshoe Drive: I am directly across the street from Vineyard 48. 1 wrote a letter that I would like to read to the Board. We do have young children in the room, so I will be ad fibbing briefly in the middle of this. I will give you the letter; I would love for you all to look at it, take your time, enjoy the pictures that come along with it: "We start this letter with the fact that our home has been in our family since it was constructed in 1983. This is not a case of buying a home next to an airport and then complaining about the noise or the pollution from the air traffic. In fact, when the home was built, Bidwell Vineyards had only recently purchased in 1982 the land adjacent to us for the purpose of growing grapes. There was no tasting room, cigar store or Saturday dance parties. Under the ownership of the Bidwell Family and subsequently the Pippa Family, the vineyard operated much the same as all the other surrounding vineyards. They were good neighbors, and we had on occasion patronized them ourselves. Since the vineyard has been purchased by the Metz, Lamanna & Bartone families, their good neighbor status has been in decline. The 2010 season became quite loud by the end of August. The 2011 season started in April and went straight through to November. In the early spring, the noise, volume and cursing were kept to every Saturday. As summer approached, it became every Friday and Saturday. By the end of summer 2011, Vineyard 48 was hosting dance parties every weekend. The noise and vulgarity became a constant problem every Saturday and Sunday. We tried to take our concerns to the managers of Vineyard 48 only to be told they are too busy to hear our concerns. We have had to endure outrageous lyrics, cursing (the one that rhymes with truck is used probably 5-10 times an hour over a megaphone through the DJ, through the customers, the speaker being handed around to patrons. It got to the point that our children could not stay outside to play on our own property due to the foul language, the strolling with open containers past our home by Vineyard 48 patrons. When our 6-year- old daughter asked what (here I'm going to ad lib) the word that rhymes with truck means, it's not something that you want to have to explain to your 6-year-old daughter. Our peace has been destroyed by the profit-seeking concerns of the new owner. Even in our home we can still hear every lyric of the screaming patrons. In August, on the North Fork, it is hot. Having to keep your children indoors all weekend long with the windows shut is more than is reasonable to ask of us. There are also traffic, safety and health-related issues of concern to us. There are many weekends that the party buses and limos are double-parked on CR 48 in front of Southold Town Planning Board Page Sixteen June 3, 2013 the vineyard due to inadequate parking for the size of the events that they are holding on a weekly basis. These party buses and extended limos are also attempting to make U-turns on CR 48. 1 say attempting because they are unable to make the U-turns, thereby creating a danger to themselves, their passengers and other motorists when they are forced to make 4-point and 6-point turns in some cases on a dual lane highway. They have been parked eastbound on CR 48 from Zuhoski's private road all the way to Depot Lane and, at the same time, on the westbound side of CR 48 from Depot Lane up to and including the turning lane meant for the safe exit off CR 48 into Oregon View Estates and from the fire hydrant to Mr. Gancarz' property. It makes the entry and exit from our development, Zuhoski's private road and Mr. Gancarz' driveway very hazardous. Mrs. E. Zuhoski has already been in an MVA pulling out of her own road under the best of conditions. Likewise has Mr. Gancarz also been hit in his vehicle as well as vehicle vs. pedestrian. This would be a good place to mention that the patrons of Vineyard 48 walk across all four lanes to get back and forth to their limos and buses. I have seen people being carried across the road because they are too inebriated to function to walk across the street themselves. They've been vomiting in my bushes. They've been defecating in my yard: urinating in my yard. This all takes place in front of my children. I no longer have the use of my yard that I pay taxes on. We have tried to be good neighbors to Vineyard 48. They're not interested in that. We've been left no other recourse but to call Southold Town PD when things get out of hand. Since 2012 we've had a Noise Ordinance in effect in Southold Town. When we call, PD responds and the music goes down until PD leaves. Once they leave it goes right back up. We've asked PD to relay to the managers our desire to meet and discuss with them these issues. Each and every time, PD comes back with the message that they don't want to talk to us. The last weekend of March 2012, Vineyard 48 was back at it weeks earlier than the previous year. After having our children indoors for the summer and fall of 2011, we were unwilling to spend spring, summer and fall 2012 like that. Instead of calling, we went directly down to PD and spoke with Lt. Ginas who sent out a squad car. On May 12, 2012, our youngest child received her first Holy Communion. We were unable to have a party for her. I have four children. I have one child who never had a party for herself because I can't invite my 80+ year-old aunts and uncles to my house on a Saturday, and I am certainly not going to invite my nieces and nephews over to hear what goes on. I can't fit my entire extended family and my husband's extended family in my home. These tastings are out of control. On June 24, 2012, as another neighbor mentioned that he saw something, so did I. White female 30's, dark long hair, white male 30's, light colored shirt, brown hair performing an oral act on the side in plain view of my property at the front of the road of vines on Vineyard 48 property. I called PD. It's not in this letter, but I called PD and stood out there 45 minutes waiting for PD to show up. 0 V Southold Town Planning Board Page Seventeen June 3, 2013 1 don't know anybody that's gonna hold out that long, but they never showed up. If they did, they didn't show up within the 45 minutes that I was out there. On October 13, 2012, a young man wearing a yellow tee shirt and blue baseball cap came across the street to urinate in front of my children and my neighbor's children, exposing himself to a 7-year-old and a 6-year-old. I also called the police then. Absolutely nothing was done, even though they found the guy based on the description. This is unacceptable by any normal person's standards. This is a residential neighborhood with multiple small children and teenagers. Our youth should not be exposed to this. This is Southold Town; is this what we want for our youth? This is what you want your children and grandchildren growing up with? God bless you. As a resident of Southold Town, we expect to be able to enjoy the same peace and use of our property that is expected by everyone else that lives in our town. It is unreasonable to have our now 8 & 11-year-old daughters exposed to what is going on. It is also unreasonable and unfair for them to spend every weekend indoors." This starts in March. It doesn't end. Last year, the last time that I called in was November 6 in the afternoon. I thought we were done. I thought we were safe. I let my kids out in the backyard. I was out there with them and the cursing started and the nasty disgusting lyrics started. I called Southold Town. Do you know what the operator said to me? "What are you calling to complain about now?" And guess what? I pulled my kids in the house in November. The operator said to me: "Don't worry, it will all be over soon and you'll be able to use your yard." That's fantastic. So my children, who live in Southold Town can use their yard from the middle of November until March 1. Absolutely fantastic. Way to go Southold Town. Donald Wilcenski: Thank you. Anybody else at this time? Chief Flatley would you like to speak? Chief Flatlev: I'm not here to make a statement. But if you have any questions (inaudible) Donald Wilcenski: OK. Ann Ekster. 570 Horseshoe Drive: I don't want to repeat everything. My daughter Michelle is in a wheelchair. She loves taking walks. We're always outside. The traffic. They come up and down our road: the limos, the buses. It's just not fair. Just to make a quick statement: if anybody has ever seen the movie-now I can't think of it. But the saying is: "If you build it, they will come." (Field of Dreams) The bigger it is, the more people it's gonna be, the more traffic. This is dangerous. Thank you. Southold Town Plannina Board Pape Eighteen June 3, 2013 Donald Wilcenski: Thank you. Would anybody else like to address the Planning Board on Vineyard 48? At this time I would like to remind everyone to please give Ms. Moore some respect. There's no "cat-calling" as she responds to as many of the questions as she can or wants to. Would you like to have a chance to respond? Patricia Moore: The only question that I heard was the height of the building; the rest were for the most part comments rather than questions. If the Board has any questions Frank Isler. Esq.: I do, Mr. Chairman. For those of you who do not know me because I'm a strange face sitting up here (on the dais), I am Special Counsel to the Town on matters of litigation including the Vineyard 48 case. I have been asked to listen and participate in the hearing. I just have a few questions if I may, Ms. Moore. Would you tell us what your client envisions to be an estimate of the population of participants or patrons at the property in your busiest weekend in 2013? How many people do you expect? Patricia Moore: Are you asking throughout the course of the day or hourly? Because people come and go throughout the day. Frank Isler. Esq.: At the busiest point of your day, how many people are on your site, do you envision or anticipate having in 2013 on the busiest day of the year at the busiest time of the day? You can give me a range. Patricia Moore: I think our goal is to accommodate... that's what the pole barn is all about... is to be able to accommodate around.... I don't know; you're asking me a specific question that I don't know that I have the answer to. Let me ask the client. think I had given to the Planning Board previously the occupancy of the structures as well as the pole barn, so whatever that number was, I can provide it to you in writing. I don't want to get people upset with misstating the.... Donald Wilcenski: Counsel, that number is 251 people. Patricia Moore: No, that's incorrect. Adding the pole barn. Additional from what is currently there, so it's about 450-500 people in total. 518. Donald Wilcenski: Just so everyone is clear, the pole barn is proposed. The proposed occupancy of the pole barn is 276. Right now, as it stands with the buildings: the tasting room, the other buildings the occupancy without tents as of today is 251. Frank Isler. Esq.: Is it fair to say that based on your answer the maximum that you envision at the busiest time of the day on the busiest day of the season would be what your occupancy is for the buildings in this proposed pole barn. Southold Town Planning Board Page Nineteen June 3. 2013 Patricia Moore: If you're looking at occupancy of the structures. Obviously, if you go to Harbes-I've been there in the summertime and there's 2,000 people in the fields enjoying wine tasting and other matters of agro-tourism. Donald Wilcenski: Pat, we're talking about this application before a public hearing for Vineyard 48. Patricia Moore: I understand that the question being asked is specifically as to structures, but the way that agro-tourism has been operated by facilities throughout the Town-we have 34 acres. So, as far as accommodating our clientele, we have 34 acres that we could accommodate. Now is it realistic to expect that? Of course not. We have an area that all the activity is taking place. But I think that there's a fallacy with respect to how many people are standing there vs. the particular occupancy of the individual structures. I think that's been a point of contention throughout the litigation. So the question is somewhat-I believe that's been in dispute through the litigation. Frank Isler: All I asked you was: "What do you envision to be the population-not how it's calculated-but what is going to be your vision or your client's vision of the most the highest number of people on the site at the busiest time of day on the busiest day of the week. I'm not asking how you calculate it; your answer was based on the occupancy of the building. I didn't say it, you did. So I'm just asking you. Patricia Moore: I don't know if I can answer that question; you have to give parameters. Frank Isler: You have a business plan for your property-your client does. All we're asking you is: "What do you envision to be the number of people on your site at the busiest time of the day on the busiest day of the year." That's the only information we're asking. How you determine it is up to you. I just want to know for the Board's sake what's the number. Patricia Moore: I don't think I can give you that answer right now. Frank Isler: Are you going to be able to give us that number before we close the hearing? Patricia Moore: I will discuss it with my client. Frank Isler: OK. Second question: was a comment made by the public that your comment does not have a current SLA license? What is your comment on that? Patricia Moore: That is not correct. My client has a current SLA license. The Town has been pressuring SLA to bring enforcement action since 2011. They therefore Southold Town Plannino Board Page Twenty June 3, 2013 initiated an action. We believe it's based on baseless charges. It's been going through the process of being heard. Some of the neighbors that were here were actually at the hearings to testify and so was Chief of Police there to testify. It has not yet been concluded, but we are pretty confident that things will work themselves out. We have no violations that have actually been substantiated. Frank Isle r: My only question was there was a comment that you don't have a valid SLA license in effect and I just was asking... Patricia Moore: I am not aware of that. We would not be able to operate without an SLA license, and we are operating. Frank Isle r: Do you have any idea when that SLA enforcement proceeding might come to a conclusion? Patricia Moore: SLA has been asking for the adjournments for additional testimony. I'm sorry, I'm not the attorney on that. Frank Isler: That's OK, you don't know. That's fine. Thank you very much; I have no more questions. Donald Wilcenski: Anybody else? Anybody else from the Board or staff? Step to the podium and please address the Board when you ask a question. Bill Shipman, 75 Horseshoe Drive: Quick question for counsel, since he is present: How much money has the Town spent approximately in litigation regarding Vineyard 48? Frank Isler: I don't know. I'm not going to speculate. It's a matter of public record; you can find out. Bill Shipman: It's just another FOIL thing we have to go through to get the information that's probably ready on hand. One other question: When I talked to Marty Finnegan, Town Attorney, I asked him how the case was moving along, he said that you didn't ask for any adjournment; is that true? The litigation with the preliminary injunction. Frank Isler: The Town has in place two temporary restraining orders against the Vineyard 48. Those are in effect whether the motions underlying them get adjourned or not-those orders are in full force and effect. The injunction hasn't changed at all by virtue of time lapsing or otherwise. Bill Shipman: I understand that. The question is--the court dates are scheduled. Are they being adjourned by Town counsel, by (Vineyard) 48 counsel or by judge? • 0 Uo Southold Town Planning Board Page Twenty-One June 3. 2013 Frank Isler: They are not being adjourned by the judge; they are generally being adjourned by counsel for the Vineyard with no objection from us because we are not aggrieved by an adjournment because we have TRO's in place. The only thing that would happen if there is no adjournment is the motions would then be decided by the court on the very issues that we have-the injunctions in place. So, we are not aggrieved by time because we have in place the same relief we are asking the court ultimately in the case or close to that relief. Bill Shipman: So, Mr. Finnegan was accurate in saying that the Town wasn't asking for adjournment. Frank Isler: We have no reason to ask for adjournments; we just don't oppose their request for adjournment. Bill Shipman: I didn't think so; I just wanted to make a public statement about that. Thank you. Donald Wilcenski: I think Heather had some questions, Pat. Heather Lanza: Besides wine, can you tell us what other items are sold at the Vineyard? Patricia Moore: No. I can't give you that specific right now. It's whatever is permissible under the law. We can't sell anything that isn't allowed. Heather Lanza: Could we get some ideas? Patricia Moore: Water, soda... Donald Wilcenski: OK, 1 can see where this is going. Excuse me; to keep this moving along we are going to be asking-again, for the public record-we are still going to be accepting in writing any information that is not brought up here tonight. But Heather does have a few more questions. If we can't answer them, we are gonna be going through the process of the whole site plan application and through referrals during that process we will make sure we do due diligence and get those questions answered. So, if you have anything that you haven't heard here tonight that you would like to have included, you can feel free to write a letter, fax it to our Planning Office, and we will make sure it gets put into the record and it gets addressed. Frank Isler: Also, if the applicant does not have answers to the questions that Heather is asking you today-we're not trying to put you on the spot with that-but we would ask that you provide them to the Board as expeditiously as possible. U641 Southold Town Planning Board Page Twenty-Two June 3. 2013 Patricia Moore: I understand-I will provide them. Heather Lanza: Another question I had was: Is there a charge to actually enter the premises? So, if I go there do I get charged to enter? Patricia Moore: Maybe you should have the owner...... Donald Wilcenski: Would the owner like to step to the podium and answer some questions? Patricia Moore: This is not supposed to be a third degree, but we're happy to answer. Donald Wilcenski: This is a public hearing and we're trying to get as much information out. Heather is going to ask you a few questions that we have. If you can't answer them, you can't answer them. But we will ask the questions. Heather Lanza: So the question was: Is there a charge to enter the premises? Matthew Metz Vineyard 48 Owner: No. What happens there is-when you walk in we charge you for the tastings. We give you coins or pieces so therefore you can have tastings at your leisure. So what you're paying for is the wine tastings. Heather Lanza: And what if I'm a designated driver and I'm not gonna drink. Matthew Metz: You can come in for free. And pregnant women come in for free. Heather Lanza: And I don't know who wants to answer this questions, but you talked about that you moved the dancing to the courtyard. Now the question I have is: Where are the speakers located? Matthew Metz: First of all, we didn't move the dancing to the courtyard. The speakers are inside the tasting room. Heather Lanza: And how do the people outside hear it? Matthew Metz: The doors are open. Heather Lanza: And, I think this was addressed earlier, but I wasn't really clear, so I wanted to ask: How are you preventing the noise from disturbing the neighbors-what are steps you are taking to do that? Southold Town Planning Board Page Twenty-Three June 3. 2013 Matthew Metz: We use decibel meters and we walk the property line. We are allowed 65 decibels max. We make sure we are under 65 decibels. Heather Lanza: OK. Patricia Moore: 1 would also add there was a question or a comment by one of the gentlemen regarding the proposed building and why the opening is to the courtyard and to the south. There is the large cement processing building on the east side of the property which provides a noise barricade. Obviously the neighbors don't feel it's a complete barricade, but it is as far as the layout of the property. As you can see, the buildings to the south and to the east, the processing and the warehouse buildings create a physical barrier enclosure in a sense to the courtyard. So, when you are discussing attempts to control the noise, we are trying to control the noise with physical structures and the placement of walled sound barriers. I think the Architectural Review Board asked if we would add additional noise baffling to the inside of the building, and that wasn't a problem for Mr. Metz. Heather Lanza: You may have answered this before too, but I just wanted to hear a little bit more about what you do to control the drinking. I was a bartender in college and we had very strict rules about serving intoxicated people. So, I'm wondering: How are you controlling the intake of alcohol for people and dealing with that situation? Matthew Metz: We will not serve a person that's intoxicated. We have strict laws with that. Now sometimes, the person that buys the bottle of wine is not the one that's gonna drink ft. We try to police that; that's why we have security there. The security I have has expertise working in that situation and they are told to police it. And when buses come up, if the people are drunk inside-which happened a couple of weeks ago (I believe there's a police report)-they wouldn't leave-we call the cops. The security force called the cops to have those people leave. Heather Lanza: Just one more question: How do you tell how many people are there? Matthew Metz: Security has counters. They count the people that come in and count the people that leave. Heather Lanza: OK. Frank Isler: I just have one question for clarity: I was pretty sure I heard Pat say in her initial presentation that the dancing had moved from where the tents were and were going to go to the courtyard and that underneath the tents were going to be picnic tables. I think I wrote that down. You said that's not the case. • Southold Town Planning Board Page Twenty-Four June 3. 2013 Matthew Metz: We don't promote dancing. That's number 1. Number 2, under the big tent, there was over a year ago, we put picnic tables under there to stop it. We find it almost impossible to tell people even moving their hips is dancing-we do not promote dancing. If somebody dances, it's very hard to police because I didn't know if it was against the law to dance in this Town. Frank Isler: So there's no designated dancing. Matthew Metz: No, there's no dancing there and no dance floors-nothing. Frank Isler: Thank you. Donald Wilcenski: Does any Planning Board member or staff have any questions? Bill Cremers: I think there's somebody in the audience... Donald Wilcenski: OK. I don't want to get into a question and answer. You have to step to the podium, please. Kathleen Scheuermann: Can the police officer answer a question for us? How many police reports does this vineyard have compared to the other vineyards in the Southold Town? I'd like that on the record. Donald Wilcenski: Chief Flatley, if you would like to answer that? Chief Flatlev: I don't have that, Don. I don't have exact numbers. But we've been involved in a very lengthy SLA hearing on this that we are still in the middle of. And in the courts they are compiling records for that. There are numerous reports; probably almost three to four times more at this winery than any of the other wineries in the Town. We had about 18 reports there in 2011; about 35 reports there in 2012. We are up to about 6 already in 2013. Donald Wilcenski: Thank you. We do have that information in our possession; it's in the file. At this time, I would just like to make everyone aware that it's a very emotional situation and we want you to know that this Board is understanding and we hear you. This public forum I think worked out well; everything that you said will be taken into consideration. There is a process that needs to be taking place for this to move forward and we will do everything we can to make sure that both sides are happy. At this point, Patricia Moore: If I could just make one comment-and it's really in line with what you are saying. Southold Town Planning Board Page Twenty-Five June 3, 2013 Donald Wilcenski: Sure. Patricia Moore: To the community, I know Matt has taken very seriously your comments and complaints. I know you are frustrated, and we have heard your comments. I think Matt is certainly-we're willing to meet with you. I know that people have complained or wanted to meet with the management and were told they were too busy. They are not too busy to meet with you; they do want to meet with you. We do want to satisfy; we want to be good neighbors. I hear your comments. All we can do is move forward-not move backward. The complaints that you've had about prior behavior-Mr. Metz and his principals have very aggressively tried to train their personnel, hire new management and address your complaints. They are being heard; they are not going to ignore you. Whether the Planning Board requires it or not, we are willing to meet with you. So please, I know some of you don't care, you're frustrated- but the offer is there. You're welcome to call my office; I can give you my phone number after this meeting and we can set up a community meeting. We are going to try to work with you. That is what we have been trying to do throughout this process. That's why we came in for an amended site plan. We could have continued the way we were going-battling in the courts-but it seems for all of us that we want to try to get resolution not through the courts but certainly through cooperation. So that peace offering is being made; it's up to you if you want to entertain our offer. Thank you. Donald Wilcenski: OK. Just to make sure before we disperse I just wanted to add a few more comments. Once again, it is emotional and I feel for you. I live next to a vineyard; I hear music. The other thing I would like to add, too. I think again, I use the word "emotional" and some comments were made about our local police force and I think they do a good job. We have a lot more information than you have and we will work on this. It's also the beginning stages of the amended site plan application. So, I'm going to ask for a motion to leave this hearing open for another month to July 1, 2013 which would also allow anybody here or anyone to write or fax or email any comments that you have. James Rich: Mr. Chairman, I make that motion. Bill Cremers: Second. Donald Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Donald Wilcenski: Motion carries. Thank you all very much for coming out tonight. We will be in touch. Please carry your conversations to the hall; we have additional business to attend to. Thank you. Southold Town Planning Board Page Ten July 1, 2013 HEARINGS HELD OVER 6:00 p.m. - Vineyard 48 - This amended site plan is for the proposed construction of a 40'x100' pole barn pavilion with two walls, a re-design of the existing parking areas, and the addition of an overflow parking area with 100 parking spaces. Existing on site are: a 2,032 sq. ft. tasting room, a 320 sq. ft. accessory retail store, 1,480 sq. ft. office and 3,000 sq. ft. storage building and 11.3 acres of grape vines on 14.9 acres in the A-C Zoning District. The property is located at 18910 CR 48, ±340' w/o CR 48 and Depot Lane, Cutchogue. SCTM#1000-96-4-4.3 Donald Wilcenski: At this time, we will continue with our hearing which was held over from our last meeting. I would like to note that the Planning Board and Planning Staff have developed a series of questions that we would like to have the applicant's attorney--and we'd also like to have one of the owners-step to the other podium so you can answer the questions. At the end of all the questions that the Planning Board and Planning Staff have asked of you, we will then open the floor to the rest of the public if they have any more input. Patricia Moore, attorney for applicant: Mr. Chairman, I have Matthew Metz (Vineyard 48 owner) here, also William Moore providing backup. Before we get started with your questions, I do want to add information to the record. It may actually answer some of your questions. But just in case, I do want to complete the record. Then, if it's all right with the Board, I will be pleased to entertain to the extent we can the questions you might have. Donald Wilcenski: I think, Pat, that we would like to ask the questions first. Mr. Metz, if you wouldn't mind standing at the other podium, we will start our process. We have worked hard on this to try to generate as much information for the public as we can. We have a series of questions; please do your best to answer them. Patricia Moore: For the record, we have not been presented with these questions in advance. It would have been certainly helpful to have these questions so we could provide a complete answer, but we will do our best. Donald Wilcenski: Understood. Whatever you cannot answer tonight, we will be requesting that you submit something in writing to answer the questions. We will send you a letter with all the questions we have. We will start with Bill. William Cremers: Previously, you said that the site had 34 acres. The site we are talking about has 14.9. What's happening on the other parcels? Southold Town Planninq Board Page Eleven July 1, 2013 Matthew Metz: That's where we have the other farm for all the vines. You could probably scroll down and see it if you can move the map around. Go to the right. There it is right there on Depot Lane. It's right across from the church. William Cremers: So how do they relate to the site plan we are talking about? Patricia Moore: Part of your production. Matthew Metz: Correct. William Cremers: That has nothing to do with our site plan. Patricia Moore: To the extent that the site plan is dealing with the wine tasting, it does have a relationship with the fact that it's a farm winery and it is part of the definition of the farm winery. So, it has a relationship but, as far as site plan goes, the public doesn't generally go on that field. Is that correct, Matt? Matthew Metz: That's correct. William Cremers: You mentioned about the pole bam and that there'd be no water or things like that, but you said they would have electricity. What is the electricity for? Patricia Moore: Lights. William Cremers: Just lights? Patricia Moore: Just lights. William Cremers: OK. You mentioned earlier that there is a letter to the limousine companies to advise them of the manner of operation and Vineyard 48 rules. May we get a copy of that letter? Patricia Moore: Yes. I believe it was attached to my original submission-the first submission to the Board. But if not, I will certainly make a copy available. It may be already in your file, but we will submit it again if you'd like. William Cremers: At the last meeting also our counsel asked how many people do you envision to be on site at your busiest times. I don't know if you answered that or you were going to get an answer. Patricia Moore: Well, I want to say it's a very difficult answer to give, only because you don't ask this question of Krupski Farms: how many people come..... Southold Town Planning Board Page Twelve July 1, 2013 Donald Wilcenski: Pat, I'm going to stop you again because we are here speaking about Vineyard 48. We are not speaking of.... Patricia Moore: No, I understand that, but I am not name-calling, it's stating a fact. Donald Wilcenski: If you could please just answer the question. Patricia Moore: We had previously provided for you in writing that the buildings themselves are intended to accommodate 518 people. I'm going by my memory rather than by my notes. Is it 518? Matthew Metz: Yes. Patricia Moore: So that was given to you some time ago and we confirmed it. The issue of having people out in the field is always an interesting dilemma because when you are dealing with open air and agricultural operation, you are not counting occupancy. In a certain sense, it's the relationship of parking to the number of people. We believe that we've accommodated for the number of people that we can anticipate by the parking. But you're dealing with agricultural uses that are seasonal and it is an unfair question and an unfair burden to put on any winery for seasonal uses. Again, 1 would refer throughout the Town to all the other wineries and the parking in the fields and agricultural uses of "You Pick." No matter what it is, it is outside and there's no occupancy per se. It is accommodating the seasonal use. That's why it's so difficult to answer. We are dealing with typical site plan requirements and we've tried to accommodate based on the Code and meet all of the Code definitions. But the Town seems to change the definitions and the rules--it's a moveable target, very difficult to address. That's why we are trying to site plan in what I think are the rules that have been historically used on site plan review. Again, we are constantly reacting. Frank Isler, special counsel to the Planning Board: All the Planning Board needs to ascertain from the question they are asking you is: what do you envision the largest population on your busiest day at the site so that we can make determinations as to adequacy of your site plan. We are not asking anything other than what are your planning goals, what do you envision as the most people on your site on your busiest time seasonally. Are you going to give us an answer to that number or not? Patricia Moore: Seasonally we have already given the 518 based on the building occupancy. Frank Isler: So your answer to the question Bill asked is 518 will be the maximum number of people you envision on your busiest day at the busiest hour. Southold Town Planning Board Page Thirteen July 1, 2013 Matthew Metz: That would be at one time. I'm not saying that number for the whole day. Patricia Moore: It is a snapshot of a moment in time. We are anticipating the snapshot to be 518. Frank Isler: That's all I'm asking. That would be the largest number of people you envision at any one time at your property. Matthew Metz: That's a very hard question. I don't know. I know you want a number, but you're asking me on speculation what 1 think. What if my busiest day is October 15 and it rains. If I base it on when it rains, nobody shows up. So that's very hard. For any other farm, somebody's going to ask: How many people do you expect to show up today to pick strawberries? I don't think anybody can give you an answer. Frank Isler: We are not asking you the question of what will actually happen. We are a Planning Board. So we are charged with dealing with site plans and the number of people that are going to be at the property in the most optimistic projection to determine whether or not the site can accommodate that number. That doesn't mean they are actually going to come because it may rain. We understand that. But you have to plan for the biggest crowd. That's why we are asking you the question: what do you envision on the most ideal day when your busiest crowd comes-what would that number be- and I believe your counsel has said 518. I'm just confirming that's your number. Patricia Moore: The question has not been that: it's been: "What's your occupancy?" And we have given the occupancy. You are asking: "What is the maximum number of people?" It's difficult; you are asking something of a seasonal use that quite frankly you have never asked anyone else before. And, quite frankly, I think should be a significant problem to any winery or any agricultural use in this community. Because what most agricultural uses and agro-tourism uses are trying to do is provide overflow area that can shrink and contract depending on the cars that come in. We have designed a parking area that we think will work. Could it be accommodating another 2500 cars? Of course it could. Just like any one of your agricultural operations or other wineries can accommodate other cards depending. What we are trying to do is site plan for the average high rather than the extraordinary high. Because if you were to site plan for the extraordinary high, you would be back to like Riverhead used to do on Route 48 and in front of the old newspaper building where the entire parking area in front of the building was a sea of parking. That's not what any agricultural operation--nor in particular Mr. Metz--or any winery wants to do. So I think your question-and I understand your asking for parameters-and we believe that the parameters we have given you in this Site Plan Amendment gives flexibility, but also accommodates and deals with all of your standard site plan criteria that is regulated in the Code. When we Southold Town Planning Board Page Fourteen July 1, 2013 applied-when we prepared the site plan-I was methodical in going through the list of site plan criteria to make sure that even things that really quite frankly we were over-site planning, we put in the site plan. So, it's an unfair question-it's a question that you'd better be prepared to ask absolutely every other winery, every farm stand, every sunflower operation, every pumpkin picking operation. You cannot discriminate. Donald Wilcenski: OK. Frank Isler: OK. Let's accept your qualification. You were going to give us a number of not your most extreme day but your most optimistic whatever your description was. What would that number be? The one you just described as something that you're planning for? Just give us........ if you have one. Patricia Moore: We can accommodate very easily in the back. What we're trying to do is provide occupancy of buildings and an area where the public is going to stay. Obviously it becomes unattractive to the public at large to come on and there's wall to wall people in that area. Frank Isler: Just to cut it short and I'll move onto something else; is there a maximum number that you have in your operational plan that you will not exceed regardless of site plan requirements. Patricia Moore: Those are typically dealt with as special events; and that's how it has been handled in the past. We understand that when it reaches a certain level where it can't be handled by normal operating procedures, my client has applied for special events. Frank Isler: What is the number that would then trigger it? We just want... Matthew Metz: It's really not a number I don't think; it's a special event. If you're having a special event. Frank Isler: Not what the number is for a special event but your counsel just said there's a number that would then trigger it into a special event. I'm asking what's the number that would before you trigger a special event the one less person before you now are in a special event. What's that number? Matthew Metz: I look at it a little different. If I'm going to have a special event, I'm anticipating a lot of people. It's not that I'm going to go over a certain number. I'm expecting maybe to triple the amount of people I have there. So therefore that would be a special event. I'm not basing on if I have 400 people I may have 401 people so it's a special event. I'm not going through all that hoopla regulations and expense of gearing up for a special event to hope I get one more person in. Southold Town Planning Board Page Fifteen July 1. 2013 Frank Isler: So you're not going to give us the number. Patricia Moore: I don't think....... Donald Wilcenski: (interrupting) OK, listen we will move on. Bill, do you have any more questions? William Cremers: Do you plan on having private parties: weddings or anything like that at the winery? Matthew Metz: Last year I had a wedding there and it went to the Town and it was 65 people and they said I didn't have to get a special event because it was under the number. So that's the only wedding I had so far. William Cremers: When people enter the tasting room, are they required to pay at that point? I think you said something about a coin...... Matthew Metz: This is what happens: when people come in through the arbor into the tasting room, I have two people there. One is checking ID and another person-what you do is, when you come in you pay for your tastings. We give you four gold coins. That is for four tastings. Here's your coins: taste at your leisure. Because we don't want to make let's say a group of ten comes in then we have to bring them to the bar: OK everybody do their four tastings-They can taste at their own leisure. As long as they have a gold coin, they get a tasting. They get four of them in a little plastic bag. William Cremers: So they collect the money right there where you do the counting and give them the coins. Matthew Metz: We give them the coins right there. That is for the tastings. Patricia Moore: And pregnant women and... Matthew Metz: Pregnant women, little kids, obviously-you can get little kids there and everybody that comes in that's above 21--we stamp their hand because we discourage people under 21 from coming in. But if you get a family--let's say a couple 35 years old are gonna come with their kids-they're 4 or 5 years old and we know they can't drink... William Cremers: So they don't get stamped. Matthew Metz: No. We give them little plastic toys to play with. Southold Town Planning Board Page Sixteen July 1. 2013 William Cremers: Another thing: in the summer and in the fall the wineries close at sunset on Saturday and 6 p.m. on Sunday. First question is: what happens in the Spring? You said summer and fall. Matthew Metz: On our license with the SLA, the maximum to stay open is until 7:00 at night on Saturdays, every other day it's at 6:00. In the Fall, at 4:30 it's dark, so when it gets dark, people leave. In the Spring, it's not really a big time for wineries. We are just starting to get going and we're usually done on a Saturday well before 6:00. At 6:00 we're locked up-see ya later. William Cremers: A month ago was Spring; we just had Summer on June 21. What were they hours before June 21? Matthew Metz: On Saturdays, except for the last couple, it was done at 6:00 at night. Sundays by 5:00 we try to wind it down; by 5 or 5:10 there's no more music at all; everything gets wound down. Patricia Moore: May I just put on the record that certainly there is no objection to answering your questions on this. However, now you are addressing manner of operation rather than site plan issues. So I would just raise that as an issue. Secondly, William Cremers: I was bringing up an issue that you stated in your opening statement. Patricia Moore: With respect to the complaints that the neighborhood has raised, the complaints are generally that any activity ends by a certain hour. So I want to put complaints into context of the period of time when the winery is actually open for business and there is clientele. We are not dealing with an operation that is 12 at night-even 11:00 at night. So, I just want to provide a context of the time frame. That is my purpose. Donald Wilcenski: OK. But Pat, we're also here just to try to answer as many questions... Patricia Moore: Fine; I have to create a record that establishes what the parameters are. So, again, I point out he obviously has no problem answering these questions. Donald Wilcenski: OK. Bill, anything else? William Cremers: Yes. You say it's closed. What do you mean by closed at 7:00 or 5:00. Matthew Metz: The doors are shut. They're locked. The employees leave. No one is there. Southold Town Planning Board Page Seventeen July 1, 2013 William Cremers: No one is there after that hour. Matthew Metz: Correct. Let me rephrase that. Occasionally I go there at night and fix something that's broken that happened during the day. But nobody's there. William Cremers: OK. One of your other statements was that the winery operates primarily during daylight hours. Now, when does it operate outside daylight hours? Patricia Moore: I guess if there is a wedding, he might be beyond daylight hours. But that would be in the wintertime or fall, right? Matthew Metz: Right. The one wedding we had last year started at 6, it was over at 11. William Cremers: I think that's all I have. Heather Lanza: At the last hearing, you referenced patrons touring the vineyard. These questions are in reference to that: Is there a specific organized tour that's given? Patricia Moore: What I referred to was that the limousines are going along the east end of Long Island and patronizing the different vineyards. Is that what... Heather Lanza: Oh, so it wasn't that there are actually tours of the vineyard? Patricia Moore: No, no, no. You don't do tours of your vineyard, no. Heather Lanza: No tours of the vineyard. OK., so there's no tours of the winemaking facilities or are there? Patricia Moore: Inside, of course. But I'm thinking vineyard: walking through the vines. Heather Lanza: That's what I was originally referring to. OK., so that was just a misunderstanding. Do you allow patrons to go unsupervised in the vines? Matthew Metz: No we don't. And to make it even further: we put up signs in the general area where the people congregate along the vines, plus we have security guards walking to have a straight look to see if somebody's going to walk in the vines. If they do, they grab them and bring them out. So, signs are posted and we have security. Heather Lanza: OK. Now, when you do the wine tasting for those individual wine tastings where you pour a little taste of wine into a cup. Do you have staff that explain the different wines to people while they do the tasting? Southold Town Planning Board Page Eighteen July 1, 2013 Matthew Metz: Correct. Plus we have tasting menus where people read them and we explain what type of wine it is. Heather Lanza: OK. Then, some wineries sell entire bottles that they allow people to consume on the premises. Do you do that? Matthew Metz: We do that also. Heather Lanza: Do you sell other beverages with alcohol in them? Matthew Metz: We sell beer. Patricia Moore: All within the scope of the liquor: farm winery-I think you explained Matthew Metz: Farm winery: as long as they buy a beer that is produced from a local brewery (which I do) or is distributed by a New York distributor (which I don't do). I keep it with the local breweries. Heather Lanza: OK., so the Sangria that you sell. What's in that? Matthew Metz: That's wine. Heather Lanza: and what else? Patricia Moore: And you actually produce that. Heather Lanza: Just generally, what else is in it? Matthew Metz: Wine, ice, a little bit of fruit. If you go to my winery and you want to buy a bottle of Sangria, it's a sealed bottle of Sangria. Heather Lanza: Oh, just cause I've seen the frozen one. You know, the pitcher? Matthew Metz: That is basically the Sangria that we freeze. We sell Sangria. Heather Lanza: OK. But when you sell it by the pitcher do you know how many ounces are in that pitcher? Matthew Metz: Offhand I would assume it would probably be like 36 ounces, somewhere around there. Heather Lanza: OK. So, the Sangria is actually a bottled product. Southold Town Planning Board Page Nineteen July 1, 2013 Matthew Metz: I have it bottled. Heather Lanza: Oh, I see. OK. So, can you tell us, do you know how many glasses of wine a pitcher of Sangria equals? Matthew Metz: No, because if it's frozen, it's like a Slurpee. If you are referring to the frozen ones, I guess you'd have to let it all thaw out before you know. Heather Lanza: I see. How much do you charge for a bottle of wine, generally? Matthew Metz: It all varies. I don't think that really matters--what I charge. Heather Lanza: OK. How much for a pitcher of Sangria? Matthew Metz: I don't think that really has anything to do with the site plan. Heather Lanza: Do you have any idea what portion of the overall revenue comes from the sale of the Sangria? Matthew Metz: I don't think it's really relevant. Donald Wilcenski: We have the right to look into your sales because it's part of Ags & Markets. You should be aware of it-I'm sure you're aware of it. A certain percentage has to be produced on site. That's why the question was asked. Matthew Metz: All of it is produced on site. Patricia Moore: That's the clarification. He is actually producing it. Sangria is a product just like the wine that Vineyard 48 makes-it's all produced on site. I think that when we rely on the newspaper and blogs for our information it gets a little distorted. I saw those photographs as well, and it was..... Heather Lanza: It didn't happen, is that what you are trying to say? Patricia Moore: No, no no, it was a misrepresentation I thought. Heather Lanza: There's no frozen pitchers of Sangria being sold? Patricia Moore: No, there certainly are, but it's a misrepresentation that it's somehow or other unauthorized and not a permitted use. Heather Lanza: That's not what I'm saying; I'm just asking some questions about it so we can get some facts. Southold Town Planning Board Page Twenty July 1. 2013 Patricia Moore: OK. The facts are that they produce it. Heather Lanza: Do you have any idea just related to this now-I didn't realize that Sangria came in a bottle, so it's not your regular wine where you pour....... Matthew Metz: You can buy Sangria there; it comes in a regular bottle, sealed, and everything. Heather Lanza: So then I guess a different question I would ask, what I'm trying to get at is: how much wine tasting do you sell versus the frozen pitchers of Sangria? Do you have any clue like what proportion? Matthew Metz: I really don't have a clue, but I guarantee you one thing: in the winter I'm not selling any frozen Sangria. Heather Lanza: OK. I hear you. Thank you. Do you grow-and I think you just said this, but I just want to make sure because I was writing something and I didn't hear it- do you grow all the grapes that make the wine you sell? Matthew Metz: Yes. Heather Lanza: OK. Do you sell other items besides beer and wine and you were talking about soda and such, but other items? Matthew Metz: Soda and water. Heather Lanza: Not beverages; in addition to beverages. Patricia Moore: It's a possibility for hard cider. Heather Lanza: No, not beverages; things in addition to beverages. Anywhere on site. Patricia Moore: Are you asking about the cigars? Heather Lanza: Yeah. Are cigars something that you sell? Patricia Moore: We have a small retail store which has the humidors and he sells cigars. I think I put in writing the reason why the cigars are separate from the wine tasting because the age requirement for the cigars is different from the wine tasting. So for cigars you can be 18; whereas the wine obviously you have to be 21. Heather Lanza: That's fine, but I'm wondering do you sell other items, too, beside cigars? Tee shirts.... Southold Town Planning Board Page Twenty-One July 1, 2013 Matthew Metz: Occasionally we sell things you put the wine corks in-I don't know what they call them-but they're made out of metal. And we do sell these bags that you freeze, so if people want to put their wine in them. That's basically it. Patricia Moore: All accessories for wine. Matthew Metz: Painted wine glasses that an artist does, if that's what you're referring to. Heather Lanza: OK. And do you know with reference to the cigar sales-what portion of your overall revenues from cigars? Matthew Metz: That's a separate company. Heather Lanza: It's a separate company? Patricia Moore: But it's also a very small percentage of his sales. It's already reviewed by the Building Department and it was acknowledged that it was an accessory unit which has a CO and has all its approvals. During the time of the litigation it was being alleged that it was illegal. Meanwhile, the Building Department had already ruled- reviewed it and acknowledged that the small area where the humidor is was part of the original sales area before the tasting room was constructed. So it was all previously site planned as the retail area; it is their original retail area. So, it's quite small and it was very... Heather Lanza: I was just asking about the sales, really. I'm done with my questions. Martin Sidor: I've got a couple of questions on parking. Trying to consolidate some of this. Patricia Moore: Sure. Martin Sidor: How many cars do you allow to park on site and where do you have them park? Patricia Moore: Actually, this is part of my anticipated presentation; the Planning Board in 1995 approved a site plan and that site plan had two factors on it that seem to have been forgotten. It was that the area where my client has had the tents in the past and has maintained the tents throughout, was an area that was actually a courtyard area that was shown on the site plan. Also, it showed overflow parking for crushed bluestone. Quite frankly, I think you should look at your prepared site plan on where Southold Town Planning Board Page Twenty-Two July 1, 2013 the parking is because we've actually shown the parking where it actually is taking place. So the new site plan shows..... Frank Isler: The one you have is different than that. Patricia Moore: No, this is the site plan from 1995 and it's in your records. Heather Lanza: That's the site plan you're talking about? Patricia Moore: The site plan I was referring to that it's been site planned since 1995 and shows 36 (parking) spaces plus an overflow parking area. And it shows the courtyard area where the tents are was approved by this Board-previous Board- since 1995. So, that is already in your records. What we are trying to accommodate now is some modification of that parking area based on practical use what has worked out for you over the years and is now being put on paper. But within the same original area that the parking was laid out. Also, the overflow in the back-the extra overflow for seasonal parking is being provided for you. So, we are attempting to in good faith as I said, to come in with detailed expanded overflow parking. This property has been site planned and has had parking since Day 1-and overflow parking. Frank Isler: Just for clarification because I'm trying to follow what you said: You're holding a site plan from 1999? Patricia Moore: 1995. Frank Isler: There is a site plan from 2006. Is it your position that the site plan you are holding from 1995 is the current parking allowed for the site? Or the 2006 plan? Patricia Moore: That is the original. I understand what you are asking. This is the old original one. It seems that in 2006 there was an "as built" site plan that did some modification of it, but didn't supersede in the sense of eliminating overflow parking. It may have modified the actual placement of the parking. It appears that on the side maybe there were some angling differences. I know that the "as built" provided for the handicapped spaces in the front versus another alternative. But the "as built" that was from 2006 was merely a correction of some of the parking, not a complete abolishment of the parking that was authorized since 1995. That's my position and it appears to be from your own Town records. Frank Isler: That's fine-I was just trying to understand what you were saying. Donald Wilcenski: Marty, anything else? Martin Sidor: So the number is 34. Southold Town Planning Board Page Twenty-Three July 1, 2013 Patricia Moore: Well, the number on this plan is 36, plus overflow parking. Martin Sidor: Where is the overflow parking? What do you do when..... Patricia Moore: Right behind the processing building. I will show you. The Town's records are not the most clear things, but I can only rely on... Donald Wilcenski: OK. Marty, anything else? I want to try to keep this moving. Martin Sidor: The same questions as far as the buses and limos: how do you account for all of that and what do you do when your internal space is full? Patricia Moore: OK. We did actually provide in the most recent site plan extra space for limos and for buses. Because there were some complaints from one of the neighbors about idling noise or music in a bus or limo that was bothering them, we tried to come up with some proactive solutions. When the limos or buses come in, we can't force them to stay on site. Particularly where his vineyard is--it's usually at the end of the run of the east of the vineyards that have come from the west and have stopped in Mattituck and Cutchogue and eventually end up at Vineyard 48. So, the practical effect of that was that some of the limos and buses would leave offsite to get drinks or food- even just to go out and find a quiet place to relax and leave their vehicle idling with air conditioning. So what we provided for is we made arrangements with Peconic Recycling Transfer Station, which is owned by DiVello, and because it was on Commerce Drive which is an industrial site. In my review of those site plans I could see that the Planning Board had thoroughly reviewed not only the recycling site that's there, but also a second lot in the industrial section right next to the dump. You reviewed that site plan to accommodate trucks and trailers for the recycling operation, so it seemed to me because the site plan had already accommodated all that and you, in your own site plan review, had directed where those trucks and Peconic Recycling vehicles would go, they were directed to go out to Route 48. All that being said, they had a good working relationship with DiVello; he does the carting for Vineyard 48. He also rented on a month-to-month as-needed basis to provide an alternate site for the limos and buses if they wanted a quiet place because they were dropping off people, stopping, possibly idling in air conditioning, taking a nap, whatever the case might be. It was 1,000 feet from residents, it was an industrial site next to the landfill. We couldn't imagine there being any objection to that. But what we found is-and this is part of my presentation but I'll go right to it-it's been in a sense-the Town has been-and I don't know who in the Town was obstructing that effort to solve the problem to be practical and proactive. They threatened DiVello that they would pull their site plan if he continued to allow Vineyard 48 to park there. I thought that was quite "un-sportsman-like" in a clean way of saying it. Quite frankly, we were trying to be proactive and dealing with the vehicles that-as I said they are not forced to stay on site-some of them do-we have the Southold Town Planning Board Page Twenty-Four July 1, 2013 parking for those that want to stay. But others go off; they might go to Mattituck shopping center or Cutchogue and get a piece of pizza. So, rather than having limos that might stop anywhere that are legally allowed to park other places-they are legally allowed to park on the streets on public roads and they are legally allowed to park on Route 48-we offered them an alternate site that we thought would both work well for Peconic Recycling since their business is closed on the weekends and there is no activity on Commerce Drive-all the businesses there are weekday businesses, industrial site, and have been site plan thoroughly for large trucks and large vehicles. So that was our effort to try to deal with the practical aspect of running a business. We feel that we are complying with the Code providing on site. But let's be realistic: there are practical ways of solving issues as well, and that was one of our practical solutions. Martin Sidor: And I don't want to get cute here, but you did state in the minutes that you did send-and I don't have the exact wording here-at the June 3 hearing you did state that cars were sent off site. So now it's limos and buses. Patricia Moore: Not cars-it was the limos. Matthew Metz: Because if the cars were sent off site, the people would have to walk across. So it's the limos, they have their own driver-send them out on their way. Martin Sidor: But you also realize-and let me get this right-in the Town Code Section 270-78 that all parking shall be provided on the same lot as the use. Patricia Moore: And we do. But I will also point out that at Town Code Section 280-78 it says "Joint Facilities: required parking spaces open or enclosed may be provided in spaces designed to serve jointly two or more establishments whether or not located on the same lot, provided that the number of required spaces in such joint facilities shall not be less than the total required for all such establishments." So, knowing that there is some flexibility in our Code to allow other-it happens with restaurants all the time as it may be necessary for a particular business-you have the businesses on Main Road that sometimes the restaurant right there on Main Road-Wayside-it's very common, it's a practical approach. And in this instance we had DiVello; it was a great symbiotic relationship between a contractor for Vineyard 48 and an isolated site. Those cars have to travel (based on that site plan approval)--the trucks have to travel--south to 48, so we are talking about within throwing distance of the vineyard but practically, using the main highway-non-residential areas--and, quite frankly, it's next to the dump. That's as innocuous as it can be. But we are providing parking on site. Martin Sidor: I would be remiss. I would need legal interpretation on that. I think some of that wording in there is key on how that can be... Southold Town Planning Board Page Twentv-Five July 1, 2013 Patricia Moore: I refer you to (Section) 280-278; it's the same area..... Frank Isler: 1 think counsel is putting her interpretation of the Code and I think there are clearly other readings that Code can be given. She's entitled to state what she believes it says. Patricia Moore: I welcome you to read that section of the Code because it's pretty straightforward. Donald Wilcenski: Marty, anything else? Martin Sidor: No, that's it. Thank you. Donald Wilcenski: I just have a couple of quick things about music: a lot of complaints about bud music seems to be probably the most contentious I would think. Maybe not. But anyway, do you have live music-live bands-or is it just DJ's or both? Matthew Metz: Just a DJ. And we have decibel meter readings. We had complaints this year; the cops showed up and the cops told us they couldn't hear the music, so we didn't get any tickets. Just because somebody complains doesn't mean it's a violation. Donald Wilcenski: OK. Patricia Moore: I would also point out that with the noise, I think we are certainly dealing with site plan issues today to avoid going back in time on issues and complaints that were raised in 2011 and 2012. 1 think most of the complaints...... Donald Wilcenski: Pat, I want to try to keep this to the point. I asked whether it was music or DJ; he answered the question. How many employees do you have serving alcohol on a normal weekend? Matthew Metz: On a normal weekend I would say around six. Donald Wilcenski: There's six people serving-that's it? Matthew Metz: Yes. Donald Wilcenski: And what type of training does the staff-those six people-and I'm sure you have probably more than six-but... Matthew Metz: No, no, no seriously. Right now this time of year I have two people behind the tasting bar and I have three pourers who just do the tasting. So that's five. So I'm throwing an extra one in. Southold Town Planning Board Page Twenty-Six July 1, 2013 Donald Wilcenski: OK. So what type of training and do you have any records of the training that your staff has to serve people to know if they are inebriated or if they have had enough to drink. Matthew Metz: Our new manager there has owned several restaurants and has sat down with these people. My new manager is walking around. Obviously if people come in drunk they don't get served. It's really not that hard to figure out. He watches over them and he talks to them and he did his own in-house training with them. Donald Wilcenski: So you have in-house training; you don't send your it's all done. Matthew Metz: My manager had his own restaurants in the past, so he was professionally trained. Therefore we depend on him. Donald Wilcenski: OK. That's all I have. Patricia Moore: There's also-I think that you have security staff as well-so I would clarify that there is additional security, so maybe... Matthew Metz: When they come in, everybody gets their license checked; I don't care if they are 60 years old. That's a way of seeing if the person is intoxicated or inebriated coming in. Because you gotta realize they go to two other places; they're not just coming to my place. Usually the average wine tour they go to three places. Plus-and I'm not blaming the other wineries-these people--when you get a limo, there's booze in the limo. So we don't want them coming in drunk. Donald Wilcenski: I understand that. But that's also why we are here. Because those are the problems that are outside of your hands, but we have to take that into consideration as well. I have nothing else. Jim? James Rich: A couple of questions about security. How many security personnel do you have? Matthew Metz: It varies. Right now, to be honest, from December to March there was really no security there because we really don't have any customers. Now, when April comes around we only have security on the weekends because during the week it's very light. As of--do you want me to go from last week for an example? James Rich: Yes. Matthew Metz: OK. Last week on Saturday I had seven security people there. One to control traffic, the other six to keep an eye on what's going on. On Sunday, which is a lighter day, I had three security guards. Southold Town Planning Board Page Twenty-Seven July 1, 2013 05 James Rich: What are the specific functions of security? Matthew Metz: OK. On Saturday, we have one security outfit that patrols-makes sure no one is parking on the shoulder. Even if it's another limo from somebody else because there are times they just pull over and sit there for 15 minutes then leave. So just to keep them flowing and to make sure people are flowing in and out of the parking lot so there is no backup on the road. That's what one person does. The other six: one of them I said checks ID's and checks everybody making sure they are legal. The other guys stand as 1 said before to make sure nobody walks in the vines, everybody stays in their areas, and there's no altercations. James Rich: Is the one who checks ID's the same one who sells the four gold coins? Matthew Metz: No, no, no, no. We have security. I have a security guard who checks ID. The person with the coins, that person works for me. So there's two people right there. You have one checking licenses and the other one giving out the gold coins. James Rich: OK. Are the security people hired by you; are they hired by an agency? Matthew Metz: I hire them. I hire the agency; they are brought in. The one for traffic is called Suburban Security and the other one is Alpha One. James Rich: At what point do they call the police if they need help or assistance? Matthew Metz: Over the last three years, my managers have called the police-not the security when somebody was trying to sneak in liquor and stuff like that. It's on the incident reports. Patricia Moore: I could answer that if you'd like. This is the FOIL of the Town Police record of all the wineries. Each of these folders represents a different winery. When the public calls the police, the police respond. They write an incident report. You can have a standard traffic stop that happens to occur in front of a winery and it will get an incident report that is... James Rich: You're not answering the question. I asked at what point do they call the police. Patricia Moore: I'm going to get to that, I'm giving a little background. I have for example this year we are being penalized but in fact Vineyard 48 called the police because they were enforcing the rules and the law. In February, somebody came in their limousine and somebody stepped on somebody's foot and they started a little altercation inside the limo. By the time they got to the facility, somebody-one of the girls in the limo wanted to call the police. So that person called the police. Vineyard 48 Southold Town Planning Board Page Twenty-Eight July 1, 2013 had not even allowed them out of their limo. They came in-they were being asked to leave and in fact they called the police when they were refusing to leave. So that was an incident report. They called the police for assistance. Another incident report was where the manager asked somebody to get in their limo or bus and leave and they were refusing to do so. In that instance, the manager called the police. James Rich: Not the security but the manager? Patricia Moore: The manager, because that was in May when Vineyard 48 is relatively quiet. There is another one on June 15. This was supposedly a big deal...... James Rich: I think you've answered our question. Let me ask you this: if you have altercations or situations that security is required to break up? Matthew Metz: When we have people that start arguing, they are told to separate the two parties or groups and tell them both to leave. Unfortunately when you have liquor sometimes there have been tussles, but that happens at any winery. Patricia Moore: There actually-as to Vineyard 48 and reviewing all of them, there aren't that many altercations between patrons. James Rich: In your opinion, should security identify people who are intoxicated or is that the sole responsibility of the bartenders. Matthew Metz: No, that's a combination of both. James Rich: You stated on June 3 the number of persons on site was counted. Can Vineyard 48 provide the Town with those numbers from that date? Matthew Metz: What happens is--you gotta realize that it's throughout the whole day. A count of it goes in and a count of it goes out. So we can monitor how many people are there. So that would give what's there during the day, not at one given time. James Rich: Do you have a limit to how many you will allow in the place at any one given time? Matthew Metz: We try to comply with the law and stay within the law. James Rich: As the owner, you must know what that limit is. • • Southold Town Planning Board Page Twenty-Nine July 1, 2013 Matthew Metz: I absolutely do: it's 251. Not including the outside. Pat can answer that. James Rich: How many total employees are on the site during your busiest time including security. Matthew Metz: Are you talking the owners-with all the owners? Because the owners do work. Even though we don't get paid. James Rich: OK. All right. Matthew Metz: I would say total probably 25-30. James Rich: Six bartenders, seven security-that's 13; you have 15 other people doing something else? Matthew Metz: Correct. James Rich: 17 other people? What do those other people do? Matthew Metz: Well, you said at the busiest time, correct? James Rich: Yes. Matthew Metz: I said at this time. The Fall is a busier time of year than now. If somebody asks me how many people I have working there now-I believe that was the question, wasn't it? James Rich: Well, the question I asked is how many total employees you have on site during the busiest time-how many bartenders would you have on site during the busiest time? Matthew Metz: Maybe eight. James Rich: OK. And how many security people would you have at the busiest time? Matthew Metz: That all depends on the weather and stuff. I have at times had upward of 12-14 security guards if it appears it's going to be busy. James Rich: So you have to order security... Matthew Metz: It's very simple; it's a phone call right to the company. Southold Town Planning Board Page Thirty July 1, 2013 James Rich: How much notice do they have to have? Matthew Metz: Two days. James Rich: So you must have some indication of how many people you're going to have in advance. Matthew Metz: No, I go by the weather. Because the weather will destroy it if it's going to rain. James Rich: I have no further questions. Pierce Rafferty: Could you talk about whether food is served and are there any fees for food? Matthew Metz: There's no fees or charge for anything. Donald Wilcenski: But do you have food for sale-] mean do you serve food? Matthew Metz: What, like potato chips which is a food and stuff like that-we have them floating around. Pierce Rafferty: You don't sell food? Matthew Metz: No, we do not sell food. We don't want nothing to do with food. Pierce Rafferty: OK. That was the question. Slightly related question: what kind of bathroom facilities are provided on site? Patricia Moore: In the building, there are presently two with two more being constructed right now which we have permits for. So, four interior bathrooms and then there are two other ones in the other building. Matthew Metz: And then we have four port-o-sans. Patricia Moore: Yes. And port-o-potties as a backup. Pierce Rafferty: Where are the port-o-sans located on the site? Are they scattered? Matthew Metz: No, no, no no. I have them-basically, if you are familiar with the site, where the production facility is-in the back-the big metal building. If you are looking at the vineyard from the right, they're lined up right back there. V Southold Town Planning Board Page Thirty-One July 1, 2013 Pierce Rafferty: OK. How long have those been on the site? Matthew Metz: A little over one month. Because I only got billed for (inaudible) Pierce Rafferty: Are there permits for those; and if so, would you mind sharing? Matthew Metz: There are no permits. Pierce Rafferty: No permits, OK. Patricia Moore: There is no permit required for a port-a-san. I'm just clarifying. Pierce Rafferty: Very good. Have you consulted with any experts about the sanitation needs for the numbers that you have. Patricia Moore: I can answer that. We actually have an engineer. We submitted to the Health Department because it was for the pole barn. Otherwise, we wouldn't have needed to get Health Department approval. But because of the pole barn, we submitted an application to the Health Department. They have acknowledged receipt. We had Joe Fischetti doing the analysis, but there is no need for any additions or expansions of the existing system. It is all compliant. So, assuming that the Health Department agrees with our engineer, then there should be no need for any modification to the existing sanitary system. Pierce Rafferty: So, the Health Department has whatever the recommendations were of your consulting engineer? Patricia Moore: It's a full application--$1,200 fee. Pierce Rafferty: Now some of this may be addressed so forgive me. On the site plan, you have a line of parking for cars by the road, a queuing line for buses, a second queue for limos and a third for cars. I perhaps am misinterpreting something, but are people exiting from those lines ever exposed to four lanes of traffic? In other words, is anyone coming into your facility crossing so is no one exiting and crossing those lanes of traffic? Patricia Moore: The queuing is inside the facility. But it is all completely monitored so that the cars and buses are allowed to disembark by directive. Pierce Raffert y: So you never have people that are crossing... Patricia Moore: No we are not going to have somebody crossing in front of a car that's about to pull out. Nope. That's right. Southold Town Planning Board Page Thirty-Two July 1, 2013 Pierce Rafferty: What about the four lanes of queuing that are proposed on the new plan? Are you proposing to remove any of the grass or vines in the front to accommodate. Patricia Moore: No, we were able to fit everything in. Pierce Rafferty: I see. All right. I don't have any other questions. Donald Wilcenski: Mark, do you have anything? Mark Terrv: How do you communicate with the limousines--designate them to the parking areas and how do you call them back in? Matthew Metz: We have two major limousine companies that come to our place. This has been the policy we have set up: I can go through the papers-so you can submit it--where they sign everything they're supposed to do. Patricia Moore: I think practically you're asking, correct? Mark Terrv: Yes. Patricia Moore: Do you use a cellphone or pagers, or what? Matthew Metz: As far as what? Mark Terry: Directing them where to park. Matthew Metz: To park? There's another set of people that direct them where to park. Besides the security. I have four other people directing wearing vests and pointing. Pierce Raffert y: The last time we met, I heard numerous people talking about the K- turns that were going on with the limousines. Where exactly are those K-tums happening, and what's being done to address that, which seems to be a problem in terms of safety and in terms of... Donald Wilcenski: Just to clarify, it was spoken on the record that large vehicles were trying to make U-turns on Route 48 and it became very problematic. Patricia Moore: Yeah. All we can tell you is that these are motor vehicles that are registered in the state of New York. We may all disagree that they are getting longer and stupider, but that's the trend. Donald Wilcenski: The drivers or the cars? Southold Town Planning Board Page Thirty-Three July 1. 2013 Matthew Metz: The cars are getting longer. Patricia Moore: The cars keep getting longer and stupider. My husband and I had a good debate about that one. The practical effect is that if they go west, obviously they have to either make a turn on 48 or they go up to one of the roads and make a right, depending on their mode of turning to their particular site. Making U-turns on CR 48 is specifically an allowed-it's legal. The police sometimes park themselves there and they might issue a ticket-and other times there is no ticket that can be issued because what they are doing is legal. CR 48 is a truck route and it is a through highway. So, other than trying to encourage them to use common sense-these cars, once there on the public highway, can decide to go up all the way in front of Sang Lee Farm and pick up some vegetables and then make a U-turn there. So, we really have very little control over them. Donald Wilcenski: OK. Anybody else from the Board have any other questions? Heather Lanza: I have one quick one. Can you just clarify when you were talking about the parking right now on site and how you are using it. Are you saying that you park according to that 1995 site plan? Like, that's where people park or something similar? Patricia Moore: What I'm saying is that there have been representations to the Court that we somehow only have 32 spaces of parking. That is not correct based on the Town's own records. I was pointing out that behind the building was intended to be overflow parking. So, we are putting on paper where the most practical areas are for parking, and I think we have identified a number of spaces behind the building rather than just generic overflow parking, which is what the site plan provided for. And we are providing additional overflow parking down... Heather Lanza: That's for the future: I was just asking about currently what you are doing now. So currently what you are doing now is.... Patricia Moore: In practice, we are trying to operate under the same parking regulations that we are providing-the design that we are providing to you. But with certainly the limitation that the Town has represented to the Court that we have only 32 spaces. We are trying to comply. Heather Lanza: Thank you. That's all. Donald Wilcenski: OK. At this time, Pat, I know you want to speak, but I'd like to give the audience a chance to speak. Please, people, you have heard these questions and not that we don't want to hear you, and if you feel like you have to say again what you had to say last time, feel free. OK? It's a public hearing and we don't want you to not be heard. Anybody? Southold Town Planning Board Pape Thirty-Four July 1, 2013 Joseph Zuhoski. Sr., 5455 Depot Lane: The people are not telling the truth. At the last meeting, a statement was made by the owner they don't charge admission. They do charge people that go into their premise. And if they have 14 people on security, why are they going in the vineyard and still having their sex acts? Security is very, very lax. On June 16 there were three police cars there at 6:20 p.m. There was a fisticuffs going on and one man was arrested. That's all I have to say. Donald Wilcenski: Thank you. Anybody else from the audience. Step up, please. State and write your name for the record, please. Thank you. Rita Figurnick. Horseshoe Drive. Cutchogue: I would just like to present a picture to the Board: this was taken one week on Saturday right after the meeting on June 8. That was taken in the afternoon right outside my driveway where the vehicle was parked there left idling; my dog was barking. The following Saturday I went outside to look and the man is out there with his limousine idling and he was actually waxing it. Here are some pictures of that on a Saturday afternoon as well. I definitely question their aspect of what security is. Last Fall, just at sundown-my son plays travel baseball for Peconic-he was taken home by his coach. In the vehicle was one of my son's coaches, my at the time 14-year-old son, and his younger brother, 13. They are traveling on Route 48, the sun is going down. As they are approaching Vineyard 48, a vehicle comes out of the vineyard and makes a left-hand turn and starts heading directly towards the vehicle that my son is coming home in. The coach at the time, as the vehicle is coming head-on, pulls over to the right hand side as the vehicle can pass as my son gets on his cellphone to call the police to report this incident. The driver, who security let out, drove by. It's upsetting; there is no security. They stand here and they propose all this security; they have this doing this and this doing that. But week after week on Saturdays and Sundays-is it every Saturday and every Sunday that it's a security issue? Absolutely not. But when you're talking about having your child come home after a ball game, whether it could be any of your nephews, your son, your grandson coming home from a simple game and getting hit with a car coming-maybe even head-on directly at you-it's something that I don't sleep very well and comfortably at night and hopefully you will represent our community in making the right decision and providing a safe community for us as well. Thank you. Donald Wilcenski: Thank you. Anybody else who would like to speak? Bill Shipman. 75 Horseshoe Drive. Cutchogue: Obviously we are here again discussing obviously the hearing that's being held over. We are still in litigation. The court case in Supreme Court was adjourned in June, slightly after the last meeting and doesn't go back until August 21. The State litigation that they are in with State Liquor Authority is also still going on. So I have trouble understanding why we are here tonight discussing this when these three open litigations are open. How can you approve or allow to be approved an amendment to their site plan and their business plan while these three Southold Town Planning Board Page Thirty-Five July 1. 2013 W litigations are going on? I could conceive trying to get the information, yes. But if this is approved without these cases being closed, that's criminal in itself. Mrs. Moore was describing the property as 35 acres that's physically separated by multiple acres. So, they are looking at their 500 number or whatever number that they refuse to give because they are going to squeeze as many people as they can onto that property once you approve it, and the parties are going to go on. Us being here is kind of off base here. They still don't have -even though Mrs. Moore says that they do have a liquor license. Yes they do have a liquor license under the State authorization protection act which allows them to operate while they are in litigation with the State Liquor Authority. But she is trying to tell you that they have a current liquor license; they don't. How can you approve a site amendment plan when they don't have a current license? They are allowed to operate while they are in litigation. Do you know how many wineries are in litigation with the liquor authority now in NYS? Want to take a guess? One. Probably there are dozens, probably hundreds of bars that are in litigation, right? This stuff happens. We are not making this up. It is a business that is coming to you now and saying let's forget 2011 and 2012 until we get this approved. And then it's going to go right back to the stuff. A great one I saw on Saturday: a vehicle leaves Vineyard 48. Across the grass median. Hangs a left into the eastbound lane. That's pretty good. That's a new one for this guy. So now, the parking lot we're discussing: if you look at the lower left hand corner where there are no vines planted, that is a gravel lot right now. If you need pictures, I'll have my wife email them to you. Cause I got 'em. They have three tents up right now. They don't have a permit-or nobody on the Town Board will tell me if they have a permit. But I was told they wouldn't be issued permits until litigation was done. There's four tents: three 20X20's and a smaller one. They have an open site plan amendment, right? Under the tent application first page, no tents shall be issued to a site that has an open site amendment or a building permit. Why isn't anybody helping us here? It is the same question that I'll be going to the Town Board wasting another three hours of the week I could be home with my children. But I gotta come here and I gotta fight with people that are doing this interpreting it hundreds of dollars an hour I'm sure to be paid to interpret your Town Codes the way that its going to benefit her clients. Middle class guy cutting my own lawn I gotta come here spend three hours tonight, pick up my kids from the grandmothers and then put them to bed, right? So 2-1/2 years-totally done. Come to the Town Board meeting tomorrow night. We'll do it again. I've been to countless Town Board meetings. Prior to that, I've never been to one. Why should I? Government is supposed to run itself. But government is not protecting the people. They say-their liquor license says that they have to be closed by 6 p.m. So when they're going to do these weddings, unless they get approval from the liquor authority, they are violating their liquor license. The physical (inaudible) of that parcel cannot isn't going to accommodate what they are trying to do. It will accommodate them so they can make their money, but they're gonna turn the neighborhood upside down. From June 3, did you look at the pictures of the people having sex in our neighbor's back yard? Southold Town Planning Board Page Thirty-Six July 1, 2013 Donald Wilcenski: Yes. Bill Shipman: OK. Help us. I say that to the Town Board every time. Help us. I think this whole plan should be denied until all litigation is completed. There's an attorney sitting up there; I know he's not gonna put his two cents in because he's busy with his case but come on. Donald Wilcenski: I just want to make a comment that this public hearing process is part of the application process. Bill Shipman: I know it's their right, but who is protecting ours? Donald Wilcenski: I just want to make sure that you are aware that this decision isn't being made this week. Bill Shipman: OK. Now, you go into their place and they give you the four gold coins. What if you didn't want to do a wine tasting? They charge you a cover charge, right? Donald Wilcenski: We will ask the owner. I asked Mrs. Moore and the owner answered the question. Bill Shipman: 2011, 2012 until that noise ordinance came in they played that music as loud as they wanted. I could stand on my front yard and listen to it like I was in a club. And you said last time that you live by a vineyard that plays music. I'll trade places with you any day-any day. They are the last stop business. As they said, they start east and they come here. So, he's dealing with the worst of the worst. So my neighborhood gets the worst of the worst. But bring 'em in; we're gonna serve 'em, 'cause they have the dollars and cents. Liquor license that they have is a wine tasting license. They're supposed to do tastings. They're serving pails. 32 ounces-probably a little conservative-I've seen the pails. They're probably 64 ounces. So, I don't want to be known as the guy that comes up and the guy that's acting like a jerk, but after 2-1/2 years all I get is: "you can call my office" or "we hear you" or "you have a sympathetic board." Does anyone have any comforting words for me, 'cause I need 'em. Donald Wilcenski: Yes. Everything that's being said here tonight, including what your comments are, are going into the file and this Board is going to render a decision when the time is proper. Bill Shipman: Will we be back next month? Why don't we wait until after 8121-their next court date. This way you'd give everybody plenty of time. Thank you. Donald Wilcenski: Thank you. Anybody else? Yes, you can step up to this podium. 0 0 Southold Town Planning Board Page Thirtv-Seven July 1. 2013 Jillann Johnson. Horseshoe Drive: I feel like it's important to come here tonight and support my neighborhood. I don't think a lot of people in my neighborhood probably knew there was a meeting tonight, or I think you'd have a better turnout. We just happened to hear about it. It's important because I feel like when businesses are in a position such as Vineyard 48, it's easier to ask forgiveness rather than permission. And a lot of times that's been demonstrated first hand. There hasn't been a whole lot of commitment until there was actually an issue where the vineyard wasn't able to get their way that now it looks like they want to come to the table and be good neighbors and try and respond to the public. But I believe that if I don't keep coming here and the provisions that they want will go through, we'll be back in the same exact position as we were two years ago. So, yes, I feel like that's the reason why I'm here tonight. I don't want to be -I don't think anybody was really trying to nail the vineyard to the wall, but I do believe that we want to protect what's ours. And that's our neighborhood where our children can play and where we don't have limos parked in front of our houses. I live across the street from Rita, so I know and I can attest that those limos were there. So, if there's a lot of overflow parking, I'm not sure if they know where to go and access it. I don't want to go back to the point where -I haven't heard it this year, but the DJ last year was offering a free bottle of wine for anybody willing to bare their boobs. I don't know who is paying for that-is that from the Vineyard or if the DJ is picking up the tab on that-but it's not right. And I shouldn't have to hear it from inside my kitchen. So, I'll sign off. If we're gonna meet again, we'll meet again. I've talked to some people from some other wineries-there's a lot of kickbacks involved in this business. They are getting kickbacks from the limo companies; there's a lot of pressure from the limo companies because they are getting money up front to take people out here to have places that will support that business. It's kind of a sellout situation and it's pretty corrupt actually. So, that's all I really have to say. I think we're all tired. I know I am. Thank you. Donald Wilcenski: Thank you. Anyone else? Denise Lademann. 85 Old Saddle Lane: I don't understand how doubling the size of this business allowing them 100 more parking spaces and more toilets is going to make it better for our neighborhood if we're already having these problems at half the size. It's only going to get worse. Even 300 people whispering can be a loud noise. And they're not going to be whispering if they're drinking pitchers of Sangria. You really have to look at our neighborhood as well. Thank you. Donald Wilcenski: Thank you. Anyone else? Yes. Beth Shipman. 75 Horseshoe Drive: One of the points that I'd like to make is the fact that although they have not been able to give a specific number for how many people they would anticipate on their busiest day, you can go to You Tube and you can see how many people they have had in the past on some of their busiest days. And I can Southold Town Planning Board Pape Thirty-Eight July 1. 2013 tell you from police reports that I have seen, that they have exceeded up to-I believe the largest number that I've seen on a police report is 619 people at their business at one time. If that's what they're doing with an occupancy of 251, what are they going to do when their occupancy is over 500? Because that's a major concern to me. And yes, they do-they are behaving right now to some extent. But that's also because this is on the table. And they did the same thing last year when this first started. They behaved for a very short time as long as they had to. And as soon as things were no longer in the limelight, it was business as usual. So once this decision is made, if it is made in their favor, business is going to be as usual and then some. I'm not prepared to raise my children at the Boardy Barn. And I don't think anybody sitting up there would expect me to either. That's really all I have to say. Donald Wilcenski: Anyone else? We hear you. OK. And I don't want to start any cliches that you've heard before, but everything is going into the public record and the Board. We have a ton of information and we hear you, the people-the taxpayers. Miss Moore at this time would you like to make any comments-you don't have to, but Patricia Moore: Oh, yes, I want to. Donald Wilcenski: Please, no comments from the audience. Give Pat her time and then I'm gonna take a second and step back with the Board. We are going to decide what we are gonna do with the hearing. Go ahead, Pat. Patricia Moore: OK. Thank you. I think last time we told you that we have listened to the neighbors. Sometimes the complaints and if you go and review the police reports you will read them for yourself. There was no police report that alleged 600 people. I have all the police reports that were issued and none of those-there is no such report. The purpose of us to come through a site plan process is to try to address the issues, not to rehash the issues. As far as having sex acts, we have security. We can provide a practical way to address that. You can't control everyone. Certainly, when we investigate that individual happened to be a neighborhood individual. So it wasn't even anyone that came in by limo or other form. This was somebody who was from the neighborhood. So, we've been operating under complaints and we've been operating under hearsay. My job is to try to keep the process going following the law. And that's what we have been trying to do. I know you are tempted to react to the pleas. We are attempting to follow the law. Briefly, with respect to tents--because Mr. Shipman became the Code Enforcement Officer, he reports everything to the Town. One issue which I..... (Bill Shipman calling out from the audience) Southold Town Planning Board Pape Thirty-Nine July 1. 2013 Donald Wilcenski: I'm sorry. Mr. Shipman--Mr. Shipman, excuse me, excuse me! Mr. Shipman. Please? I asked before she even got up if you would give her respect of speaking. Please. If you want to speak up after her, you can. Patricia Moore: Thank you. The Town tried to adopt regulations regarding tents. What they failed to do--and they did it by "guidance memos"-is to follow the law. The law itself speaks in terms of State Building Codes. The Town cannot supersede the State Building Codes. The State Building Code specifically allows tents up to 700 sq. ft. "Tents" is the wrong term: they are called "canopies." Canopies are tents that have no sides. We tried it the Town's way, which is to make application for tent permits even though the law did not require it. Ultimately, what we found was that the Town-and I have a copy of the application for a tent permit-in trying to respond to neighbors, actually called the tent companies--called our suppliers--and prohibited them from serving my client. There's a document here and I'm going to put it on the record- which has notations with the phone number of the tent company and a phone call going to the company directing them not to put up the tent. Even though under the State Building Code a canopy-which is a tent without sides--can be 700 sq. ft., multiple tents- -as long as they are not over 700 sq. ft. and they are 12' apart-are permitted to go up without permits. So, what we have encountered is the Town pursuing this in Justice Court. I have a motion that is going to be filed returnable on the date of the arraignment, which sets forth the law on this. We have operated under the law. We have tried to address the complaints, we are being proactive in trying to address the complaints, we are all trying to be sympathetic. But they are raising issues from 2011 and 2012. The fact is that my client is actively trying to address it all. We are an agricultural operation and the same kind of stuff that occurred for Satur Farms which was the beating up at the Satur Farm is no different. We are a farming operation. Yes, we have to follow rules and my client is making every effort to follow all the rules. But we can't just dispense with the rules because of neighborhood opposition. And that's precisely what you're getting tonight-June 3 you got the same thing: which was neighborhood opposition to try to persuade you not to follow the Code and not to follow the law, but to react to emotion. We are all sympathetic, we are trying to maintain a good relationship, but sometimes it just isn't possible. We will do our best and we are prepared to provide a communication source-prepared to give neighbors the phone number for our security so that if they do see something they don't have to call the police. Believe me, the last think I as a taxpayer want to see is police reports when they are being called and responding but they are finding nothing. They respond because it is their obligation as police officers. We want to try to work with them but I don't want to rehash and have the neighborhood rehash all the comments from before because many of them were really slanderous and we just listened. We try to address the complaints in a practical and methodical way. That's all I can offer. Keep it on the record: this application which shows the phone numbers to our provider which is another attempt to again-in a sense, the Town becomes a bully. You become a bully Southold Town Planning Board Page Fort v July 1, 2013 when you start using every method feasible to try to stop a legitimate business. Let me tell you that the complaints about the Liquor Authority hearing-when you go through the transcripts of that hearing and the attorney reports back on that hearing, they had the same opportunity to go into the Liquor Authority and make the complaints. But fortunately the Liquor Authority also has to follow the law. We are hoping that we will get a response soon, but they are giving the neighbors every opportunity to come in and complain, even though many of the complaints are issues that the Liquor Authority really has very little to do with. This is the motion which I am going to submit for the record. Donald Wilcenski: OK. Thank you. Frank Isler: Mr. Chairman, can I just make one statement? Donald Wilcenski: Sure. Frank Isle r: Pat, I am sure you know that our silence on positions of law that you have taken and descriptions you have made of positions in the litigation should not be taken as any form of a concession or admission to your statements. Your position about tents-this is not the forum to litigate that. You can litigate that wherever you'd like to litigate it. Patricia Moore: Mr. Isler... Frank Isler: The only other point I would like to make--please don't interrupt me at the moment-is the community sentiment and the testimony that has been presented here by the community is not your community influence like they are trying to picture it. Part of the responsibility of this Planning Board in evaluating an expansion of a site plan is to consider all of the impacts that site plan as expanded and extended will have on the existing community. The testimony that the public is giving us and the neighbors are giving us is not community opposition-it's fact finding so that this Planning Board can weigh the different criteria under 280-128 deciding what is the appropriate way to handle this site plan. It doesn't mean that just because the public has presented testimony the Planning Board is going to do X or Y, but it is evidenced in our record that we must consider it is not community opposition. That has to be stated for the record. Patricia Moore: Mr. Isler, I would say that it speaks for itself whether it's community opposition or legitimate complaint. And we will ultimately let the transcripts and the courts decide that. As far as the law on the tents...... Frank Isler: Ultimately the Planning Board is going to first decide. Southold Town Planning Board Page Forty-One July 1 2013 Patricia Moore: Well, it first decides that. But with respect to the law, the fact that you disagree with it doesn't necessarily mean it's not accurate. There's no acknowledgement of (inaudible). You're there to listen and I'm here to put a record on. Frank Isler: I just don't want you to have a misconception.... Donald Wilcenski: And I'm here to keep this moving. Patricia Moore: All right. But I wanted to state for the record what the law is on tents. Because the public--Mr. Shipman--misrepresents the law, and he is putting on the record his opinion of tent permits equals violation of the site plan. And that is incorrect. Secondly, I would clarity that expansion of the use issue. What I have shown you is that since 1994 there was an area for the outdoor seating. What we are talking about is the outdoor seating. What we are offering is a permanent structure because throughout the site plan process I was told "we don't site plan for tents" and then we punish you because you want tents and we call it an extension if you have tents. So, to solve that problem, I convinced my client to spend money that he doesn't necessarily have to spend because his tents will do just fine. But because we are trying to address the representation to the Supreme Court that occupancy somehow or another has to be controlled, rather than leave the issue still nebulous as to tents, I convinced my client to put a permanent structure which is only with electricity that tries to address the issue of noise and tries to address the issues of the complaints by the neighbors. Believe me, we could live very comfortably with tents. But my client is prepared to spend that extra money for Health Department approval and Site Plan approval. Donald Wilcenski: Pat, can we please move forward-you just got done telling the local residents that they're rehashing. You're rehashing the same.... Patricia Moore: I understand, but I have to clarify what Mr. Isler just tried to create as a record, so I want to correct that. Thank you. Let me just make sure everything is covered here. To respond to some of the comments with respect to a limousine parked on Horseshoe Drive and waxing of a limo or whatever. Again, we are very near other wineries. There are actually among the complaints, complaints about limos from all the different wineries. Once the limos leave the premises, it's not necessarily one of our limos. It could be a limo that has stopped at Vineyard 48; it could be a limo that has been at any one of the wineries. It could also be a limo that is from a wedding or whatever. Limos are now very prevalent and parking on Horseshoe Drive is not illegal. Waxing your car on Horseshoe Drive is not illegal. We are trying to address our vehicles and providing a designated site. That's why we were offering the Commerce Drive as a place so that nobody is tempted rather than park on our site or park anywhere else-to give them an alternative..... U" Southold Town Planning Board Page Forty-Two July 1 2013 Donald Wilcenski: Pat, again I am going to stop you there because you complained about the neighbors rehashing and you're rehashing. Patricia Moore: All right, I'm not gonna rehash. OK. With respect also to the complaints about the noise; the noise ordinance went into the books. From that point forward, there have been no violations associated with the noise ordinance which is based on decibel readings. I want to put that on the record but, nonetheless, we are addressing it with that permanent two-sided building. I think I have touched on everything. I think your questions for the most part would have addressed many of the points that I was going to make. We thank you for your patience. We do appreciate it; we do appreciate the neighbors. We continue to leave open any efforts, any possibilities of communication. But it has to be a two-way. Thank you. Donald Wilcenski: OK. Thank you. With that, I am going to take a minute. We just would like to thank you all. We hear you. We feel that we have got enough information in the public forum that we are going to close the public hearing, but we are going to leave the record open for written submittals to our Planning Department until July 15. Again, this is a process; it's not going to happen overnight. This is just the beginning. The hearings are the beginning. Then the referrals are going to go out. So, decisions aren't going to be made overnight. With all due respect to the applicant, we have to do our due diligence. This process takes time and in fairness to them, we have to keep it moving. With that said, we hear you. If you have anybody who needs to write or have any more comments, please send them to the Planning Department in writing by fax or email. OK, with that said, I need a motion to close the public hearing and leave the submission period open until July 15, 2013 for written submittals. Jim Rich: So moved. Bill Cremers: Second. Don Wilcenski: Motion made and seconded. Any discussion? All in favor? Ayes. Don Wilcenski: Motion carries. Thank you very much, everyone. APPROVAL OF PLANNING BOARD MINUTES Don Wilcenski: I need a motion for the approval of the Planning Board minutes from June 3, 2013. X n Vineyard 48 Fxcerpts from Facebook..August 1). ?(113 Vineyard 48 Q Vineyard 48 Timeline 2012 a_y Like Saturday Dance Party _ AF ,,e Best Satur"Day" Party on the North Fork! r! Rcsn° Michael Anthony along with the rest of long Islan,! ~ II- t r .4, -mmri ylr.,r,,.. }M Vineyard 48 Sea of Picnic Tables Time to dance an t}iern The netiv dance on me tables at vir ievard 4`;! Vineyard 48 '1,gtthev, f•1cBride ph:t.~ room Apaii,-.,, -1111- _ The New Table View!!! I I l I XFE- Like Comment `hare g I _i Cy Vineyard 48 q e Vineyard 48 Timeline 2011 a' Like Vineyard 48 Yuieyaed 48 Sat-irday Dance Party Under the Tent! n~ i' s 1k 4 z Vineyard 48 R iO2l `F S Saturday Dance Party at Vineyard 48 t, L ~r "DtEnltlGr 11"i, _:i I; i .7i...- ;rd 48 in Cutchogue NI,!,, I f a _ Now .R . - x t Vinpy,ird zit 4 \o\Wf-l V I' ~ r i I 4 e 10 i ~ ~ . , I I z tit 1~~. I ~ ~ p'.3 ~6~ i1 ~1 ~y ^~~~r'pu~x ~ ~r f `i{,i~ i l 1 1 ~ ~f- .*a' 'z- (1 ~ ~~~1 l ~ is ~ t:.~ ~ ~ _ ter. ~x 3L'"., ah I 4111- { i-~ S Ok f r low Aj f~ S. ~ . f _ f(1' A 1 E. Police Reports ~~5 Southold Town Police • Report 10/15/201115:44 Incident Report Case Number 01-11-009494 1 Case Number Report Occurred On/From Occurred To Report Type N 01-11-009494 10/15201115:44 10/15/201115:44 Original C Incident Type Case Status Case Status Date Cleared I POLICE INVESTIGATION CLOSED-NO ARREST (ADMI 10/152011 D 1111- Common Name E VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SATURDAY Sector: 2 802 T Map Reference: CUTCH1 Total Damaged Property Value :$O.00 Location Type: STREET Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property Value : $0.00 N Topic Original ' R Dispatch received a call reporting a limo stuck in the median at I/L and causing a traffic hazard. R Undersigned responded to A and checked the area. No limos were found stuck in the median, but a A number of large buses and limos were found parked along both sides of the roadway at near UL. The T large number of vehicles parked along the roadway were legally parked, but did cause congestion and I potentially hazardous conditions. Parking restrictions along this stretch Of roadway should be E considered to avoid future problems. I ~I 0 Reporting Officer Department Report Status: PO MARIANNE ALLEN (125) SOUTHOLD TOWN POLICE Approved Officer Name Daterrime Verifying Officer Department - Date / Time o - o SGT RICHARD A PERKINS (5594) SOUTHOLD TOWN POLICE 10/151201123:45 m A • Southold Town Police • Report 10115/201117:30 Incident Report Case Number 01-11-009496 I rCaseNumber umber Report Occurn nroOccurred o Report Type N 949601117:30 10/15/20111730 Original C t Type Case Status Case Status Date Cleared 1 DER-DISORDERLY CONDUCT FIELD ARREST/TICKET SSU 10/15/2011 D mon Name E RD 48 - 18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N eek : SATURDAY Alcohol Related : YES T erence : CUTCH1 Total Damaged Property Value $0.00 Type : STREET Total Stolen Property Value : $0.00 2 802 Total Recovered Property Value : $0.00 0 State Classification Attempted/Committed F PUB.ORDER-DISORDERLY CONDUCT COMPLETED F Statute/Ordinance ' Location Type Disposition Date E PL 240.20 05 OVO STREET N Attack Reason : NO BIAS/NOT APPLICABLE S E P Person Type - Business/Person Name Business Phone E ARRESTEE/DEFENDANT KENNETHA VIGILO 631- R Home Phone Person Address Map Reference S (631 24111012 13 CAMEL HOLLOW RD HUNTINGTON, NY 11743, SUFFOLK County 0 Cell Phone Employer Address Map Reference N Race Sex SSN DL Exp. Date DL Number WHITE. Male -Birth Date Birth City 03/03/1983 Age : 28 Injury Type 2: NOT APPLICABLE Ethnic Origin: NON HISPANIC Body Marks: Adutt/Juvenile : ADULT s observed leaving above location northbound across CR 48. He stopped in the middle of the ound lanes on the dotted white line causing eastbound traffic to take evasive action to avoid im. Vigilo was intoxicated and detained for a short time while issued an appearance ticket by EEAppearance Original signed. No further action taken. ticket #135717 to return 11/18/2011 0 [Re;porting Officer Department Report Status: EN ZUHOSKI (9970) SOUTHOLD TOWN POLICE Approved ame Date/Time OfFlcer Department Date / Time HARD A PERKINS (5594) SOUTHOLD TOWN POLICE 10/15/2011 23:46 0 A • Southold Town Police • Report 10/16/201111:13 Incident Report Case Number 01-11-009509 1 Case Number Report Occurred On/From Occurred To Report Type N 01-11-009509 10/16/201111:13 10116/201111:13 10/16/201111:15 Original C Incident Type Case Status Case Status Date Cleared I POLICE INVESTIGATION OPEN 10/1612011 D I/L Common Name E VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SUNDAY Alcohol Related : YES T Map Reference : CUTCHI Drug Related : NO Weather Conditions : Calm Total Damaged Property Value : $0.00 Location Type : BAR Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property Value: 0.00 F, Person Type Business/Person Name Business Phone E PERSON INTERVIEWED DALE SUTEk 631 734-5200 R Home Phone Person Address Map Reference s 631- 138 BROOKFIELD AVE Southold, NY 11971 , SUFFOLK County 0 Cell Phone Employer Address Map Reference N 516 351.4919 Use Address from Incident Location Information Race sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City _ 08/14/1969 Age : 42 Employer : VINEYARD 48 Adult/Juvenile: ADULT Body Marks: N Topic Original _ A R Undersigned spoke to the manager(Suter) of I/L in reference to large numbers of people and vehicles R at I/L . Suter stated that they did have some large groups at I/L, but that they have hired security A 1 guards on premise to keep things under control.Suter advised by undersigned that serving intoxicated T persons is against the law, and Suter stated that he realized that and they wouldn't serve any I intoxicated persons. E Copy to CRU-1 for follow-up. Reporting Officer Department Report Status: SGT THOMAS F HUDOCK (3818) SOUTHOLD TOWN POLICE Approved , Officer Name Daterrime Verifying Officer Department Date / Time c SGT THOMAS F HUDOCK (3818) SOUTHOLD TOWN POLICE 10/16/2011 13:18 c e c -------------------g------------ Date: 10/03/11 • SOUTHOLD TOWN POLICE • Page: 1 Time: 12:10:57 INCIDENT REPORT Program: CMS301L Case Number : 1-11-001059 City Code Town of Southold Agency Code SOUTHOLD POLICE DEPARTMENT Sector . . . . : 2 802 Report Date 2/08/11 18:22 Occur From Day : TUESDAY Occur From Date: 2/08/11 18:22 Occurred to Day: TUESDAY Occur To Date : 2/08/11 18:22 Incident Type : DISTURBANCE-VEHICLES Common/Bus Name: VINEYARD 48, 18910 ROUTE 48 City . . . . . : CUTCHOGUE, NY 11935 County . . . . : SUFFOLK Report Officer : OKULA, DAVID Supervisory Emp: SANTACROCE JR, HENRY Case Status . : CLOSED-NO ARREST (ADMINISTRATIVE) Case Status Dt : 2/08/11 Entry Date : OKULA, DAVID 2/08/11 offenses? Names? . . . . . Property? Vehicles? . . Narrative? Relationships? : Case Management: Related Cases? : Addtnl Times? CAD Info? Interfaces? A D D I T I O N A L T I M E S*********************** Case Number 1-11-001059 Date Dispatched: 2/08/11 18:23 Date Responded : 0/00/00 Date Arrived 0/00/00 Date Cleared . : 2/08/11 18:29 ****t*r***t***************** N A R R A T I V E # 1***********r****r********** CAD Information Reported By: OKULA, DAVID M. 2/08/11 Call#: 110390069 Beat: SECTOR 802 Units.: 803 Employees: 0000005533 OKULA, DAVID CAD Call Narrative BLACK LEXUS E/B ON ROUTE 48 WITH NO HEADLIGHTS ON ***********t*********tr***** N A R R A T I V E # 2*************************** Original Reported By: OKULA, DAVID M. 2/08/11 Entered By.: OKULA, DAVID M. 2/08/11 Reviewed By: SANTACROCE JR, HENRY F. 2/08/11 Anonymous person reported a black Lexus traveling E/B on Route 48 without it's headlights on. Unable to locate said vehicle. * * * * * * * * * * * * * * * * END OF REPORT * * * * * * * l~ ---------------g------------ Date: 10/03/11 • SOUTHOLD TOWN POLICE . Page: 1 Time: 12:11:48 INCIDENT REPORT Program: CMS301L Case Number 1-10-006794 City Code Town of Southold Agency Code SOUTHOLD POLICE DEPARTMENT Sector . . . . : 2 802 Report Date 7/28/10 22:17 Occur From Day : WEDNESDAY Occur From Date: 7/28/10 22:17 Occurred to Day: WEDNESDAY Occur To Date : 7/28/10 22:17 Incident Type : DISTURBANCE-NOISE Common/Bus Name: VINEYARD 48, 18910 ROUTE 48 City . . . . . : CUTCHOGUE, NY 11935 County . . . . : SUFFOLK Report Officer : WITZKE, STEVEN Supervisory Emp: SANTACROCE JR, HENRY Case Status . : CLOSED-NO ARREST (ADMINISTRATIVE) Case Status Dt : 7/28/10 Entry Date : WITZKE, STEVEN 7/28/10 Offenses? Names? . . . . . Property? Vehicles? . . . Narrative? . Relationships? : Case Management: Related Cases? : Addtnl Times? CAD Info? Interfaces? A D D I T I O N A L T I M E S*********************** Case Number 1-10-006794 Date Dispatched: 7/28/10 22:17 Date Responded : 0/00/00 Date Arrived 7/28/10 22:23 Date Cleared : 7/28/10 22:27 O T H E R P E R S O N I N F O R M A T I O N 1********* Case Number : 1-10-006794 Last Name . . : SUTER, DALE Aliases? . . . . Adult/Juvenile : ADULT Date of Birth : 8/14/1969 Person Type : PERSON INTERVIEWED (PI) Street Number : 138 BROOK FIELD AV City . . . . . : CENTER MORICHES, NY 11735 County . . . . : SUFFOLK OTHER . . . . : 516/351-4919 Sex . . . : MALE Race . . . . . : WHITE Ethnic Origin : NON HISPANIC Be On Look Out?: Employer? MO/Crime Spec? : More phone? E-mail Address : More E-Contacts: Complexion . . Hair Color . . . Eye. Color_ . . Glasses . . . . Build . . . . . ID Number . . . Arrest Case No.: Alt Address? . . Body Marks? N A R R A T I V E # 1*************************** CAD Information Reported By: WITZKE, STEVEN J. 7/28/10 Call#: 102090106 Beat: SECTOR 802 Units.: 802 Employees: 0000009505 WITZKE, STEVEN REPORTS LOUD MUSIC ****t*********:*****t******* N A R R A T I V E # 2*************************** Original Reported By: WITZKE, STEVEN J. 7/28/10 Entered By.: WITZKE, STEVEN J. 7/28/10 Reviewed By: SANTACROCE JR, HENRY F. 7/29/10 Responded to above I/L for an anonymous report of a noise complaint. Date: 10/03/11 • SOUTHOLD TOWN POLICE • Page: 2 Time: 12:11:48 INCIDENT REPORT Program: CMS301L 1-10-006794 (Continued) Upon arrival, undersigned heard that the vineyard had a loud band playing. Upon interviewing Suter, the band finished their last song for the night and the music stopped. Suter stated that the band got a late start and they usually end around 2200 hours, but tonight they ran a little late. * * * * * * * * * * * * * * * * END OF REPORT * * * * * * * Date: 10/03/11 SOUTHOLD TOWN POLICE • Page: 1 Time: 12:11:23 INCIDENT REPORT Program: CMS301L Case Number . : 1-10-010521 City Code Town of Southold Agency Code . : SOUTHOLD POLICE DEPARTMENT Sector . . . . : 2 802 Report Date 11/13/10 17:08 Occur From Day : SATURDAY Occur From Date: 11/13/10 17:08 Occurred to Day: SATURDAY Occur To Date : 11/13/10 17:08 Incident Type : DISTURBANCE-NOISE Common/Bus Name: VINEYARD 48, 18910 ROUTE 48 City . . . . . : CUTCHOGUE, NY 11935 County . . . . : SUFFOLK Report Officer : JERNICK JR, RICHARD Supervisory Emp: BEEBE, JR., THEODORE Case Status . : CLOSED-NO ARREST (ADMINISTRATIVE) Case Status Dt : 11/13/10 Entry Date . . : JERNICK JR, RICHARD 11/13/10 Offenses? . . . Names? . . . . Property? . . . Vehicles? Narrative? . . . Relationships? Case Management: Related Cases? Addtnl Times? CAD Info? Interfaces? A D D I T I O N A L T I M E S*********************** Case Number 1-10-010521 Date Dispatched: 11/13/10 17:15 Date Responded : 0/00/00 Date Arrived 11/13/10 17:19 Date Cleared : 11/13/10 17:25 O T H E R P E R S O N I N F O R M A T I 0 N 1********* Case Number : 1-10-010521 Last Name . . : SUTER, DALE Aliases? . Adult/Juvenile : ADULT Date of Birth : 8/14/1969 Person Type : PERSON INTERVIEWED (PI) Street Number : 13 BROOKFIELD AVE City . . . . . : CENTER MORICHES, NY 11934 County . . . . : SUFFOLK WORK . . . . . : 631/734-5200 Sex . . . . . : MALE Race . . . . . : WHITE Ethnic Origin : NON HISPANIC Be On Look Out?: Employer? MO/Crime Spec? : More phone? E-mail Address : More E-Contacts: Complexion . . . Hair Color . . . Eye Color . . . Glasses . . . . Build . . . . . ID Number . . . Arrest Case No.: Alt Address? . . Body Marks? *t************************** N A R R A T I V E # 1*************************** CAD Information Reported By: JERNICK JR, RICHARD E. 11/13/10 Entered By.: 11/13/10 Call#: 103170058 Beat: SECTOR 802 Units.: 801 Employees: 0000003979 JERNICK JR, RICHARD N A R R A T I V E # 2*************************** Original Reported By: JERNICK JR, RICHARD E. 11/13/10 Entered By.: JERNICK JR, RICHARD E. 11/13/10 Reviewed By: BEEBE, JR., THEODORE O. 11/13/10 Date: 10/03/11 . SOUTHOLD TOWN POLICE • Page: 2 Time: 12:11:23 INCIDENT REPORT Program: CMS301L 1-10-010521 (Continued) Responded to the I/L in regards to a report of loud music. Spoke with Suter who advised that he would have the band lower the volume. * * * * * * * * * * * * * * * * END OF REPORT * * * * * * ~~J Date: 10/03/11 • SOUTHOLD TOWN POLICE Page: 1 Time: 12:10:35 INCIDENT REPORT Program: CMS301L Case Number : 1-11-004550 City Code Town of Southold Agency Code : SOUTHOLD POLICE DEPARTMENT Sector . . . . : 2 802 Report Date 6/11/11 15:59 Occur From Day : SATURDAY Occur From Date: 6/11/11 15:59 Occurred to Day: SATURDAY Occur To Date : 6/11/11 15:59 Incident Type : DISTURBANCE-NOISE Common/Bus Name: VINEYARD 48, 18910 ROUTE 48 City . . . . . : CUTCHOGUE, NY 11935 County . . . . : SUFFOLK Report Officer : HUNSTEIN, DAVID Supervisory Emp: GINAS, JAMES Case Status . : CLOSED-NO ARREST (ADMINISTRATIVE) Case Status Dt : 6/11/11 Entry Date . . : HUNSTEIN, DAVID 6/11/11 p Offenses? . . : Names? 0 Property? Vehicles? Narrative? : Relationships? : Case Management: Related Cases? : Addtnl Times? CAD Info? Interfaces? A D D I T I O N A L T I M E S*********************** Case Number 1-11-004550 Date Dispatched: 6/11/11 16:04 Date Responded : 0/00/00 Date Arrived 6/11/11 16:09 Date Cleared . : 6/11/11 16:18 C O M P L A I N A N T I N F O R M A T I O N 1************ Case Number . : 1-11-004550 Last Name . . : ZUHOSKI, JEAN Aliases? . . . . Adult/Juvenile : ADULT Date of Birth : 2/06/1934 77 Street Number : 18218 ROUTE 48 City . . . . . : CUTCHOGUE, NY 11935 County . . . . : SUFFOLK Sex . . . . . : MALE Race . . . . . : WHITE Ethnic Origin : NOT REPORTED Employer? MO/Crime Spec? : More phone? E-mail Address : More E-Contacts: Be On Look Out?: Complexion . . . Hair Color . Eye Color . . . Glasses Build . . . . Status . . . . . Alt Address? Body Marks? . . O T H E R P E R S O N I N F O R M A T I O N 1********* Case Number . : 1-11-004550 Last Name . . : SUTER, DALE Aliases? . . . . Adult/Juvenile : ADULT Date of Birth : 8/14/1969 Person Type : PERSON INTERVIEWED (PI) Street Number : 138 BROOKFIELD AVE City . . . . . : CENTER MORICHES, NY 11934 County . . . . : SUFFOLK OTHER . . . . : 516/351-4919 Sex . . . . . : MALE Race . . . . . : WHITE Ethnic Origin : NOT REPORTED Be On Look Out?: Employer? MO/Crime Spec? : More phone? E-mail Address : More E-Contacts: Complexion . Hair Color . . . Eye Color Date: 10/03/11 • SOUTHOLD TOWN POLICE • Page: 2 Time: 12:10:35 INCIDENT REPORT Program: CMS301L 1-11-004550 (Continued) Glasses . . . . Build . . . . . ID Number . . . Arrest Case No.: Alt Address? . . Body Marks? N A R R A T I V E # 1***************,t*********** CAD Information Reported By: HUNSTEIN, DAVID C. 6/11/11 Call#: 111620071 Beat: SECTOR 802 Units.: 802 Employees: 0000003832 HUNSTEIN, DAVID Veh: 45585BA NY CAD Call Narrative LOUD NOISE N A R R A T I V E # 2**************************,t Original Reported By: HUNSTEIN, DAVID C. 6/11/11 Entered By.: HUNSTEIN, DAVID C. 6/11/11 Reviewed By: GINAS, JAMES A. 6/11/11 Zuhoski reports loud music coming from the above i/1. The undersigned asked Suter, an employee of Vineyard 48 to lower the music. Suter agreed to comply. * * * * * * * * * * * + * * * * END OF REPORT * * * * * * * Date: 10/03/11 . SOUTHOLD TOWN POLICE • Page: 1 Time: 12:10:12 INCIDENT REPORT Program: CMS301L Case Number _ : 1-11-006298 City Code Town of Southold Agency Code . : SOUTHOLD POLICE DEPARTMENT Sector . . . . : 2 802 Report Date 7/23/11 14:51 Occur From Day : SATURDAY Occur From Date: 7/23/11 14:51 Occurred to Day: SATURDAY Qccur To Date : 7/23/11 14:51 Incident Type : DISTURBANCE-NOISE Common/Bus Name: VINEYARD 48, 18910 ROUTE 48 City . . . . . : CUTCHOGUE, NY 11935 County . . . . : SUFFOLK Report Officer : MCNAMARA, BRIAN Supervisory Emp: BEEBE, JR., THEODORE Case Status . : CLOSED-NO ARREST (ADMINISTRATIVE) Case Status Dt : 7/23/11 Entry Date : MCNAMARA, BRIAN 7/23/11 Offenses? Names? . . . . Property? Vehicles? Narrative? Relationships? Case Management: Related Cases? Addtnl Times? CAD Info? Interfaces? A D D I T I 0 N A L T I M E S*********************** Case Number 1-11-006298 Date Dispatched: 7/23/11 14:53 Date Responded : 0/00/00 Date Arrived 7/23/11 14:59 Date Cleared : 7/23/11 15:16 P E R S O N R E P 0 R T I N G I N F O 1********* Case Number : 1-11-006298 Last Name . . : HELINSKI, LAURIE Aliases? . . . . Adult/Juvenile : ADULT Birth Date . . : 7/20/1965 46 Street Number : 18450 ROUTE 48 City . . . . . . CUTCHOGUE, NY 11935 County . . . . SUFFOLK HOME . . . . . : 631/734-6134 More phone? E-mail Address : More E-Contacts: Sex . . . . . : FEMALE Race . . . . . : WHITE Ethnic Origin : NOT REPORTED Misc. ID# . . . Employer? . . . MO/Crime Spec? : Be On Look Out?: Complexion . Hair Color . . . Eye Color Glasses . . . . Build . . . . . Alt Address? . Body Marks? . . O T H E R P E R S 0 N I N F O R M A T I 0 N 1********* Case Number 1-11-006298 Last Name . . : SUTER, DALE Aliases? Adult/Juvenile : ADULT Date of Birth 8/14/1969 Person Type : PERSON INTERVIEWED (PI) Street Number 38 BROOKFIELD IN City . . . . . : CENTER MORICHES, NY 11934 County . . . . : SUFFOLK HOME . . . . . . 000/000-0631 WORK . . . . . : 000/000-0631 OTHER . . . . : 516/351-4919 Sex . . . . . : MALE Race . . . . . : WHITE Ethnic Origin Be On Look Out?: Employer? MO/Crime Spec? : gore phone? E-mail Address : -----------------------g------------ Date: 10/03/11 • SOUTHOLD TOWN POLICE • Page: 2 Time: 12:10:12 INCIDENT REPORT Program: CMS301L 1-11-006298 (Continued) More E-Contacts: Complexion . Hair Color . . . Eye Color Glasses . . . . Build . . . . . ID Number . . . Arrest Case No.: Alt Address? . . Body Marks? N A R R A T I V E # 1*************************** CAD Information Reported By: MCNAMARA, BRIAN P. 7/23/11 Call#: 112040077 Beat: SECTOR 802 Units.: 802 Employees: 0000005146 MCNAMARA, BRIAN CAD Call Narrative LOUD MUSIC *********t****************** N A R R A T I V E # 2**********r****r*********** original Reported By: MCNAMARA, BRIAN P. 7/23/11 Entered By.: MCNAMARA, BRIAN P. 7/23/11 Reviewed By: BEEBE, JR., THEODORE O. 7/23/11 Helinski reports loud music at above location causing a disturbance. Undersigned responded and spoke with Suter, the owner of the establishment,who stated he would turn the music down, which he did. Undersigned advised Helinski of same. No further action taken. * * * * * * * * * * * * * * * * END OF REPORT * * * * * * * ~W~J Date: 10/03/11 • SOUTHOLD TOWN POLICE • Page: 1 Time: 12:09:34 INCIDENT REPORT Program: CMS301L Case Number 1-11-008588 City Code _ . . Agency Code Sector . . . . : 2 802 Report Date 9/17/11 15:37 Occur From Day : SATURDAY Occur From Date: 9/17/11 15:36 Occurred to Day:. Occur To Date : 9/17/11 15:37 Incident Type : DISTURBANCE-NOISE Common/Bus Name: VINEYARD 48, 18910 ROUTE 48 City . . . . . : CUTCHOGUE, NY 11935 County . . . . : SUFFOLK Report Officer : MACKEY, DANIEL Supervisory Emp: PERKINS, RICHARD Case Status . : CLOSED-NO ARREST (ADMINISTRATIVE) Case Status Dt : 9/17/11 Entry Date : MACKEY, DANIEL 9/17/11 Offenses? Names? . . . . Property? Vehicles? Narrative? Relationships? : Case Management: Related Cases? : Addtnl Times? CAD Info? u~ Interfaces? A D D I T I O N A L T I M E S*********************** Case Number 1-11-008588 Date Dispatched: 9/17/11 15:37 Date Responded : 0/00/00 Date Arrived 9/17/11 15:44 Date Cleared . : 9/17/11 15:50 O T H E R P E R S O N I N F O R M A T I O N 1********* Case Number . : 1-11-008588 Last Name . . : MCBRIDE, MATTHEW Aliases? . . . . Adult/Juvenile : ADULT Date of Birth : 5/29/1969 Person Type : PERSON INTERVIEWED (PI) Street Number : 1159 HASTINGS CIRCLE City . . . . . : BALDWIN, NY 11510 County . . . . : OTHER-NEW YORK STATE HOME . . . : 516/659-5900 WORK . . . . : 000/000-0631 OTHER . . . . : 000/000-0000 Sex . . . . . : MALE Race . . . . . : WHITE Ethnic Origin Be On Look out?: Employer? MO/Crime Spec? : More phone? E-mail Address : More E-Contacts: Complexion . . . Hair Color . Eye Color . . Glasses . . . Build . . . . . ID Number . . . Arrest Case No.: Alt Address? . . Body Marks? ********rr**t*************** N A R R A T I V E # 1*************************** CAD Information Reported By: MACKEY, DANIEL A. 9/17/11 Call#: 112600060 Beat: SECTOR 802 Units.: 802 Employees: 0000004830 MACKEY, DANIEL CAD Call Narrative LOUD MUSIC IN THE AREA N A R R A T I V E # 2*************************** Driginal Reported By: MACKEY, DANIEL A. 9/17/11 Entered By.: MACKEY, DANIEL A. 9/17/11 Reviewed By: PERKINS, RICHARD A. 9/18/11 Date: 10/03/11 SOUTHOLD TOWN POLICE Page: 2 Time: 12:09:34 • INCIDENT REPORT • Program: CMS301L 1-11-008588 (Continued) Anonymous caller states loud music coming from the i/1. McBride states there is an event going on at the i/1 and the loud music from the DJ will stop at 5 o'clock. McBride did tell the DJ to turn down the music because with the wind the noise was carrying and disturbing the neighbors. * * * * * * * * * * * * * * * * END OF REPORT * * * * * * * Date: 10/03/11 SOUTHOLD TOWN POLICE Time: 12:09:51 INCIDENT REPORT Page' 1 Program: CMS301L Case Number -11-007190 Agency Code City Code . . . Report Date 8/13/11 16:46 Sector . . . : 2 802 Occur From Date: 8/13/11 16:46 Occur From Day : SATURDAY Occur To Date Occurred to Day: : 8/13/11 Common/Bus Name: VINEYARD1484618910 ROUTE Incident 48 Type DISTURBANCE-VEHICLES City . . . . . : CUTCHOGUE, NY 11935 Count Supervisory Emp: HUDOCKK THOMAS Report Officer HUNSTEIN, DAVID Case Status : CLOSED-NO ARREST (ADMINISTRATIVE) Case Status Dt : 8/13/11 Entry Date : HUNSTEIN, DAVID 8/13/11 Offenses? / Property? Names? Narrative? Vehicles? 1 , Case Management: Relationships? ; \~j1lV Addtnl Times? Related Cases? Interfaces? CAD Info? A D D I T I O N A L Case Number 1-11-007190 Date T I M E S 8/13/1 17:5 Date Responded : 0/00/00 Dispatched: 8/13/11 17:58 Date Cleared . : 8/13/11 18:21 Date Arrived 8/13/11 18:11 C O M P L A I N A N T Case Number I N F O R M A T I O N 1************ : 1-11-007190 Last Name Aliases? : HELINSKI, GEORGE Date of Birth : 7/14/1961 50 Adult/Juvenile ADULT Street Number : 18450 ROUTE 48 City . . . . . : CUTCHOGUE, NY 11935 CoRunnty • • - . : SUFFOLK . . • : 000/000-0631 HOB ' ' . • : 631/734-6134 Sex : MALE OTHER . . . . : 0-0000 3thnic Origin Race WHITS HITE 4O/Crime Spec? ; Employer? 3-mail Address : More phone? 3e On Look out?: More E-Contacts: fair Color . . • Complexion ;lasses . . _ : Eye Color :tatus _ Build • ody Marks? Alt Address? . P E R S O N ase Number R E P O R T I N G I N F O 1********* : 1-11-007190 Last Name liases? . . HELINSKI, GEORGE irth Date . . : 0/00/0000 0 Adult/Juvenile -reet Number : 18450 ROUTE 48 ity : CUTCHOGUE, >unty . HOME . . . . . : 631/734-6134 )RK 000/000-0000 phone? OTHER . . . . ; 000/000-0000 ore E-Contacts: E-mail Address ce Sex - sc. ID# Ethnic Origin Employer? Date: 10/03/11 . SOUTHOLD TOWN POLICE • Page: 1 Time: 12:12:16 INCIDENT REPORT Program: CMS301L Case Number 1-10-003605 City Code Town of Southold Agency Code SOUTHOLD POLICE DEPARTMENT Sector . . . . : 2 802 Report Date 5/10/10 14:17 Occur From Day : MONDAY Occur From Date: 5/10/10 14:17 Occurred to Day: MONDAY Occur To Date : 5/10/10 14:17 19 Incident Type : MISSING ADULT Common/Bus Name: VINEYARD 48, 18910 ROUTE 48 City . . . . . : CUTCHOGUE, NY 11935 County . . . . : SUFFOLK Report Officer : HELF JR, JOHN Supervisory Emp: SANTACROCE JR, HENRY Case Status . : CLOSED-NO ARREST (ADMINISTRATIVE) Case Status Dt : 5/10/10 Entry Date : HELF JR, JOHN 5/10/10 Offenses? Names? . . . . . Property? Vehicles? . . . Narrative? Relationships? : Case Management: Related Cases? : Addtnl Times? CAD Info? Interfaces? A D D I T I O N A L T I M E S*********************** Case Number 1-10-003605 Date Dispatched: 5/10/10 14:17 Date Responded : 0/00/00 Date Arrived 5/10/10 14:17 Date Cleared : 5/10/10 15:26 O T H E R P E R S O N I N F O R M A T I 0 N 1********* Case Number : 1-10-003605 Last Name . . : CHRISTER, TOBY Aliases? . . . . Adult/Juvenile : ADULT Date of Birth : 12/26/1942 Person Type : PERSON INTERVIEWED (PI) Street Number : 1 E 3RD ST City . . . . . : KINGS PARK, NY 11754 County . . . . : SUFFOLK HOME . . . . . : 631/544-7040 OTHER . . . . : 631/544-7040 Sex . . . . . : MALE Race . . . . . : BLACK Ethnic Origin : NON HISPANIC Be On Look Out?: Employer? MO/Crime Spec? : More phone? E-mail Address : More E-Contacts: Complexion Hair Color . . . Eye Color Glasses . . . . Build . . . . . ID Number . . . Arrest Case No.: Alt Address? . Body Marks? . . O T H E R P E R S O N I N F O R M A T I O N 2********* Case Number . : 1-10-003605 Last Name . . : KIDD, KAREN Aliases? . . . . Adult/Juvenile : ADULT Date of Birth : 2/23/1959 Person Type : PERSON INTERVIEWED (PI) Street Number : 1 E 3RD ST City . . . . . : KINGS PARK, NY 11754 County . . . . : SUFFOLK HOME . . . . . : 631/544-7040 ETHER . . . . : 631/544-7040 Sex . . . . . : FEMALE Race . . . . . : NOT REPORTED Ethnic Origin : NOT REPORTED 3e On Look Out?: Employer? 40/Crime Spec? : More phone? E-mail Address : More E-Contacts: --------------------------------------------------------g------------ Date: 10/03/11 SOUTHOLD TOWN POLICE • Page: 2 Time: 12:12:16 INCIDENT REPORT Program: CMS301L 1-10-003605 (Continued) Complexion Hair Color . . . Eye Color Glasses . . . . Build . . . . ID Number _ . . 1 I b Arrest Case No.: Alt Address? IIUW Body Marks? . . ****r+*****t********t* N A R R A T I V E # 1*+**********+*t****ttt:*t* CAD Information Reported By: HELF JR, JOHN M. 5/10/10 Call#: 101300037 Beat: SECTOR 802 Units.: 801 Employees: 0000005250 MCGOWAN, TIMOTHY Units.: 805 Employees: 0000003436 HELF JR, JOHN Call change from OA to 8 BY QPADEV0029 P 01 0000003427 *********t********t******* N A R R A T I V E # 2************r******x***** Original Reported By: HELF JR, JOHN M. 5/10/10 Entered By.: HELF JR, JOHN M. 5/10/10 Reviewed By: SANTACROCE JR, HENRY F. 5/10/10 While on routine patrol the undersigned observed a male subject sleeping on the ground next to a bicycle at the above listed I/L. The undersigned stopped and interviewed the subject who maintained that his name was "Doc Holliday" and that he rode his bike from Smithtown to the above listed I/L. Further investigation revealed that the subject was in fact a Mr. Toby Christer who was reported missing from Kings Park. Christer did in fact ride his bike from a group home in Kings Park to the above listed I/L. Christer appeared to have a mental altered status and injuries sustained from falling off his bicycle. Kidd contacted and advised of the whereabouts of Christer. Christer treated by CFD and transported to ELIH. Kidd to retrieve Christer from ELIH and respond to STPD hq to retrieve Christer's property. Suffolk County Missing person's notified of the location of Christer (Det. Baillard 631-852-6194) No further action necessary. * * * * * * * * * * * * * * * * END OF REPORT * * * * * * * • Incident Report • Case Number 01-12-003530 I Case Number Report Occurred On/From Occurred To Report Type N 01-12-003530 05/19201216:26 05/19201216:26 Original C Incident Type Case Status Case Status Date Cleared I TOWN CODE VIOL.-OTHER TICKET/SUMMONS ISSUED 05/192012 D III. Common Name E 18450 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Weds : SATURDAY Sector : 2 802 T Map Reference: CUTCHI Total Damaged Property Value : $0.00 Location Type : OTHER BUILDING Total Stolen Property Value : $0.00 ISector: 2 802 Total Recovered Property Value: 0.00 O State Classification Attempted/Committed F TOWN CODE VIOL-OTHER COMPLETED F Statute/Ordfnance Location Type Disposition Date E A STC 205-1.a OTHER BUILDING 051192012 N 1 Federal Classification (Larceny Only) : Not Applicable Federal Disposition : FIELD ARREST/TICKET ISSUED S Attack Reason : NO BLAS/NOT APPLICABLE CC # for CHARGE : 01-12-3530 E p Person Type Business/Person Name Business Phone E COMPLAINANT CO GEORGE HELINSKI 631- Horne Phone Person Address Map Reference g / (631 734-6134 18450 ROUTE 48 Cutch ue, NY 11935, SUFFOLK County O I' Cell Phone Employer Address Map Reference N Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 07/14/1961 Age. 50 Body Marks: AdultUuvenile : ADULT JP Person Type Business/Person Name Business Phone E PERSON INTERVIEWED MATTHEW R MCBRIDE 631- R Home Phone Person Address Map Reference s w 51 659-59W 1159 HASTINGS CIR BALDWIN, NY 11510, SUFFOLK County O L Cell Phone Employer Address Map Reference N Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 0529/1969 Aga: 42 Body Marks: AdultUuvenlle : ADULT teporting Officer Department Report Status: ° 'O DAVID C HUNSTEIN (3832) SOUTHOLD TOWN POLICE Approved "car Name Date/Time N 'erifying Officer Department Date / Time ° GT SCOTT LATHAM (4749) SOUTHOLD TOWN POLICE 051192012 20:40 0 W N W 1 of 2 ° . Incident Report Case Number 01-12-003530 N Topic Original A R Helinski reports loud music coming from Vineyard 48. R The undersigned responded with P.O. Jemick III. A Helinski states the music was much louder when he called the police and shortly after it was lowered. T The undersigned responded to Vineyard 48 and spoke with the manager McBride. I McBride states he has been instructing the DJ's to keep the music volume down. E _ hidours, technicaNy the events would not, be considered an "outdoor event'-'- The DJ had his equipment set up in the rear doorway of the tasting room with the speakers pointing outside. The undersigned and P.O. Jemick counted over 250 patrons on the premises. The undersigned issued McBride a summons for the above charge. W 0 2eporOng Officer Department Report Status: 'O DAVID C HUNSTEIN (3832) SOUTHOLD TOWN POLICE Approved j HNcer Name Daterrime N lerifying Officer Department Date I Time o :GT SCOTT LATHAM (4749) SOUTHOLD TOWN POLICE 05/192012 20:40 0 u N 2 of 2 Southold Town Police Report 05/19/201218:01 Incident Report • Case Number 01-12-003533 1 Case Number Report Occurred On/From N 01-12-003533 05/192012 18:01 Occurred To Report Type C Incident Type 05/192012 18:01 Case Status Original I DISTURBANCE-NOISE Case Status Date Cleared D UL Common Name TICKET/SUMMONS ISSUED 05/192012 E VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SATURDAY T Map Reference; CUTCHi Sector :2802 - Location Type :OTHER BUILDING Total Damaged Property Value : $0.00 Sector 2802 Total Stolen Property Value :60.00 Total Recovered Pro Value : 0.00 O state gassHication F TOWN CODE VIOL.-OTHER COMPLETED Attempted/Committed F Statute/Ordinanrs COMPLETED E STC 180.5 OTHE On Type NG Disposition 05//19/2I S/2012 Date N Federal Class ifieatbn OTHER BUILDI 12 S Attack Reason : NO BIAe rceny NOT gpp~~CNgBL~~b~ Faderel Deposition : FIELD ARREST(TICKET ISSUED E O CC # for CHARGE : 01-12-3533 P Person Type Busioess/Person Name E COMPLAINANT co WILLIAM SHIPMAN Business Phone R Home Phone Person Address Map 631- S (631 734 6208 75 HORSESHOE DR Cutch ue, NY 11935 , SUFFOLK County Map Reference O 1 Cell Phone Employer Address N - Map Reference Race Sex SSN WHITE Male DL E• DL Number Birth Date Birth City 0428M972 Age: 40 Adull/Juvenlle :ADULT Body Marks: P Person Type Business/Person Name E PERSON INTERVIEWED MATTHEW R MCBRIDE Business Phone R Home Phone Person Address 631- ; (516 6595900 1159 HASTINGS CIR BALDWIN, NY 11510 SUFFOLK Coun Map Reference j ) 2 Cell Phone Employer Address Rate Map Reference Sex SSN WHITE Male DL Exp. Date DL Number Birth Date Birth City 05/29/1969 Age:42 i Adutl/Juvenlla : ADULT Body Marks; I I orting Officer )AVID C HUNSTEIN (3832) Deent Report Status: ° LD TOWN POLICE Approved ~ zr Name Date(Time 077 ying Officer Department N ime SCOTT LATHAM (4749) SOUTHOLD TOWN POLICE - Date IT 05/192012 2039 ° o w N w i VVN4r~V~N ~ V~~~~ ~ VrVV r~crnir• Vw rarLV rt rV.V r • Incident Report • Case Number 01-12-003533 N Topic Original A R Shipman reports loud music coming from the above i/I. R The undersigned responded. A Shipman states he observed my police vehicle leave Vineyard 48 from an earlier complaint and shortly T after the music was turned louder. i While standing on Shipman property, the undersigned did hear the volume of the music to be such V that it would disturb a reasonable E person of normal sensitivities. The undersigned and Sgt. Latham responded to Vineyard 48. Approximately 30 seconds after our arrival, the music was turned down significantly. The undersigned spoke with McBride and issued a summons for the above charge. t Reporting Officer Department Report Status: ° 'O DAVID C HUNSTEIN (3832) SOUTHOLD TOWN POLICE Approved , Dfficer Name Date/Time N /eriying officer Department Date / Time o 3GT SCOTT LATHAM (4749) SOUTHOLD TOWN POLICE 051192012 20:39 0 w N W 2 of 2 w • Southold Town Police • Report 06/02/201215:51 Incident Report Case Number 01-12-004029 1 Case Number Report Occurred On/From Occurred To Report Type N 01-12-004029 06/02/201215:51 06/02201215:51 Original C Incident Type Case Status Case Status Date Cleared I TOWN CODE VIOL.-OTHER CLOSED-NO ARREST (ADMI 06/02/2012 D UL Common Name E VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY (SUFFOLK County) N Day of Week : SATURDAY Sector : 2 802 T Map Reference: CUTCHI Total Damaged Property Value : $0.00 Location Type : OTHER RETAIL STORE Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property Value : 0.00 O State Classification Attemp mmitted F TOWN CODE VIOL.-OTHER COMPLETED ETED F Statute/ordinance Location Type E STC 205.1a Disposition Date N OTHER RETAIL STORE S Attack Reason : NO BIASINOT APPLICABLE E P Person Type Business/Person Name Business Phone E PERSON REPORTING BETH SHIPMAN 631- R Home Phone Person Address Map Reference S (631) 734-0208 75 HORSESHOE DR Cutchogue, NY, SUFFOLK County O Cell Phone Employer Address Map Reference N Race Sex SSN DL Exp. Date DL Number WHITE Female Birth Date Birth City 04/19/1966 Age : 46 Body Marks: AdulUJuvenile : ADULT P Person Type Business/Person Name Business Phone E PERSON REPORTING GEORGE HELINSKI 631- E Home Phone Person Address Map Reference s (631) 734-6134 18450 ROUTE 48 Cutchogue, NY, SUFFOLK County O 2 Cell Phone Employer Address Map Reference N Race Sex SSN DL Exp. Date DL Male Number WHITE Birth Data Birth City 07/14/1961 Age : 50 Body Marks: Adult/Juvenile :ADULT V\~ Reporting Officer Department Report Status: ° PO DAVID M OKULA (5533) SOUTHOLD TOWN POLICE Approved Officer Name Date/1-ime N Verifying Officer Department Date / Time SGT WILLIAM E HELINSKI (3445) SOUTHOLD TOWN POLICE 061022012 20:57 ° A O N i Southold Town Police Report 06/02/201215:51 Incident Report Case Number 01-12-004029 P Person Type Buslness/Person Name Business Phone E PERSON INTERVIEWED MATTHEW MCBRIDE 631- R Home Phone Person Address Map Reference $ (516) 659-5900 1159 HASTINGS CIR BALDWIN, NY 11510, OTHER-NEW YORK STATE County O 3 Cell Phone Employer Address Map Reference N Use Address from Incident Location Information Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 0 512 9/1 9 6 9 Age : 43 Employer : VINEYARD 48 Occupation : Manager Body Marks: AdulUJuvenile : ADULT N Topic Original A R Shipman and Helinski reported loud music coming from the above I/L. R Undersigned responded and spoke with Shipman and Helinski. Both subjects stated the music lasted A for approximately 15 minutes, but has now stopped or has been turned down very low. T Undersigned did not hear any music. I Undersigned spoke with the manager of the above I/L, McBride. E McBride stated the music was never turned up and he measures the sound level with his noise meter. McBride did state that he had an approximate total of 400 customers for the day and at this time he had approximately 250 people on site. McBride stated he was aware he was not to exceed 125 people without a special permit from the Town. Town Summons #A0416 issued to McBride for violation of STC 205-1 a. Undersigned asked McBride if his "Cigar Shop" was open and if it was, was it in violation of a recent court order? McBride stated the "Cigar Shop" was open, but he thought the paperwork was cleared with the Town to be operating. Investigation to continue reference same. Assisted b Sgt. Helinski and PO Onufrak. Reporting Officer Department Report Status: ° PO DAVID M OKULA (5533) SOUTHOLD TOWN POLICE Approved Officer Name Date/Time N Verifying Officer Department Date / Time SGT WILLIAM E HELINSKI (3445) SOUTHOLD TOWN POLICE 06102/2012 2057 ° 0 A O N A-0416 0416 Town of Southold Suffolk County, NY The (~D Peenle of the Stale of New York vs. U9TNMIE NNII~~EE /~F/F/~~!~///nn///]T''~~'' /^S / /"y~pg~ryyl~ yy~'~~y9yy~L STREEr rf \ / / / -.~.'LrEw IMIIAL CITY al S'IY A f . NO. r w A nP ruceWEDR REGISTBAnaa NUMem STATE TYPED SE OA ^ f S 9EI DATE OF BIHIH OPFAATOR iij, / M OA OWNS VEHICLE 1NE OPERATOR OS fl ?YES ONO . PUTE fm. flOFVEHCLE DESCWBED BELON ' DATE f]PIRES STATE ? N.V. ? NJ. ? KY. ? NJ. ? PLATETYPE ? PASS ? OOMM ? V I:IE MME ? BUK:K p CEO ? DODGE ? FOflO p O= ? CAdILAC ? PONnaC ? TOYOTA ? PLYM ? vDU~ ? BODY ? 2m ? 4M TYPE ? TSUCK ?rTflA11Efl ? ? MCY ? S.W._ - VIN NUMBER . THE PE SON DESCRIBBO ABOVE IS CNP Om pg FOLLOWB 1 C ~a]ro y~ PD] DA NsE ~ ~ a cX N / M p ~ C Nll£ StSxDU(COUViv rvv IN OFSECn SUBO. OF ?YENIC AND C now ?OTHEB OWMF'Y) TflAFFlC IA4 OF TILE STALE OF NEW YORK a U / ?O.S. ?CW ?BUS ? ? - BPE®ING DEF VEH MA M INA MPN Z(NJE MMOEMEANOP ? FACNft PANT INcT T TVB) THEABOVE INAAI DEFENDANT 0ON n9: STA DATE. TI ME AND PLACE Q era{[ U !Z~ G.!!~'~'r OiJ Mal At ~c aVwpim.T .amr9.wvun e.LID mvn.a.vnmespy~Pl r. PARKING SCHE~P9~5 LCf!]ACICOURT?~( IfiE PEASON DESCPoBEO ABOVE IS SUMMONED roAPPEAfl aT ' SOUnIOLp IONN NSTICE DODflT.69096flO1fTEM, SOVTHOI,p, NY tT9]i G~C/QF}YT 4CEpgTlpq]yG V ON ~p P LNYS. 'AM tT 9;W ONational Standard Incident o Report 06MM1219:01 Incident Report CamN 0142-004033 1 Case # Report Occurred On/From Occurred To Report Type N 014 24 0 4033 08A2RD1219A1 0602=2 19.01 Ott" C Dept. Classification case status Case Status Date Cleared 1 V&T/ON8 1ADULTARREST 16& OVER 10SWW2 D Common Name E COX LN RR TRACKS CUTCHOGUE, NY 11936 SUFFOLK Cour" N Day of Week: SATURDAY A Jo" Reated : YES T Map Reference : CUTCH2 Drug Related : NO We*w Conditions : CLEAR Total Damaged Property Value :10.00 Laeakn Typa : STREET Total $Ma n Properly Value : $0 OD .280 2 Total Recovered Property Value : .00 O State Clasaifin:adon eked F V&TMM COMPLETED F SfabrWOrdilmonce Location Type Disposition Date E VTLI192 2-AA UMW STREET 0SWnM2 N AUGUST RUCKDESCHEL (Prknmy Role); Fedora Disposition: CLEARED BY ARREST -ADULT S GREGORY CIMINO"nary Role) CC # for CHARGE : Gt-12-4033 E ANA* Reason : NO SIASINOT APPLICABLE # of People Arrested : 2 StaEeAfter Aned: 0 O StaeeCNsdfication F V&TIDWI COMPLETED F SlaidelOrdbance Location Type Disposition Date E VTL1192 03 UMD STREET 06022012 N AUGUST RUCKDESCHEL (Pthmny Rae); Federal Disposition : CLEARED BY ARREST -ADULT S GREGORY CW8N0 (Pmrary Role) CC # far CHARGE : 01-12-4033 E A1taUr Reason: NO SIASINOT APPLICABLE (-j # of People Arrested : 2 State After Arrest : HELD End of O&uw. 2 O State Classification AllemptealComoolded F V&T/OTHER OFFENSES COMPLETED F Stduto0Mnaace LocatlonType Disposition Date E 4 VTL„2tf Oq OID STREET 0010712D12 N ~7 AUGUST RUCKDESCHEL (Primary Role) Federal Damon : CLEARED BY ARREST - ADULT S AM* Ream: NO BIAS/NOT APPLICABLE CC # for CHARGE : 01-124033 E State Alter Arrest: HELD # of People Nested : 2 End of Offinw. 3 O state Cron AlterrnptedfCammKted F V&T10114ER OFFENSES COMPLETED F SfatubbOrdusace Location Type Disposition Date E A VTL1129 GA M STREET 0002f2M2 N 4 GREGORY CIMINO (Primary Rob) Federal Ofepoetlan : CLEARED BY ARREST- ADULT S Alto* Reason : NO SIASMIOT APPLICABLE CC # for CHARGE : 01A24033 E State Aster Arrest : HELD # of People Arrested : 2 FAd of Offense. 4 martin Dillow Department Report Shtuc PO PETER C ONUFRAK (645) SOUTHOLD TOWN POLICE Approved Snparvbftofficer Dd&IT ore V6rifyhv 0mcer Department Date I Than SGT WILLIAM E HELINSKI 04417 SOUTHOLD TOWN POLICE 0610ZM222:18 National Standard Incident le Report O6M)2201219:01 Incident Report Caxa 0142-004033 P Person Type Phone E AUGUST F RUCKOESCHEL =mess R Flow Phone Poison Address 8 (631)961-2907 187 MAGUA ST RONKONKOMA, NY 11779 SUFFOLK County O 1 Other Phone 8 pioyar Address N LAKE GROVE NY SUFFOLK County Raw Sex SSN DL Exp. Date OL Nurnba WHITE Main 096784691 980830901 math ode Ohm city 10MM978 SMITHTOWN NY UNTIED STATES Age : 33 Hair Style : SHORT Ooagetlan: Walter Facial Hai: NONE DL Stale : NY Teeth : NO DISCERNABLE FEATURES Ethnic Origin : NON HISPANIC Eye Color : BLUE Mar. Haight : SW SM : MEDIUM Mkt Wright: 184 lbs Co plndon: FAIR AdutfJtnenie: ADULT Glasses: NO Employer : CALIFORNIA PIZZA Cond m (at anent) : APPEARS IMPAIRED-ALCOHOL Mast Type : Crime In Progress (CIP) Religion : NONE Miranda : YES Martial Status : SINGLE Miranda By:: ONUFRAK, PETER C. Speech : SLURRED Mast Number (YY-OM: 12-157 Yeas Sdwd :12 Meet Time -24 hour-: 1917 Residen y Type : RESIDENT H& Color: BROWN CBmrphip: UNITED STATES SHORT to 12 Endofferson: RodvrdM P Peeves Type BusivenufPsneon Nam Business Phone E GREGORY J CIMfNO 631 4815447 R ROMPIMM Person Address N L WENDY DR NY It 738 ,SUFFOLK Counly 69 O A ~ ~re ErriployerAddress; LAKE GROVE NY SUFFOLK County Race lLex SSN OL Exp. Date =1 WHITE 064-784396 Bi Qate BirUr city 04fign SUCH MARANGIA, COLUMBIA Age: 24 Hair Style: STRAIGHT Ocalpalion : Waller Facial Hair : NONE OL Seats : NY Teeth : NO DISCERNABLE FEATURES Ethi Orin : HISPANIC ORIGIN Eye Color : BROWN Mkt Height :505' Btfd : MEDIUM Min. Weight :160Iba Canplarim : LIGHT BROWN Ad WJwaie : ADULT Glosses :YES Employer: CALIFORNIA PIZZA Condition (at arreM : APPEARS IMPAIRED-ALCOHOL Meat Type : Crime in Progress (CIP) Religion : NONE Minute: YES Mare! Status : SINGLE MYade By:: ONUFRAK, PETER C. Speech : SLURRED AnedNurhber(YY-NO:12-156 Years School: 16 Anal Time -24 hour-:199 Residency Type : RESIDENT Hair Color : BLACK C lzvrw fp : UNITED STATES Bodv#M to IrZ Fred of Person: \ \ ^ lJ Rsporferg Olflce , Department Report Bid= ~V PO PETER C ONUFRAK SOUTHOLD TOWN POLICE Approved Supervising Otfioer Datsyrkae yad(ying.omm paparbngt Date I roe SGT WILLIAM E HELINSIQ (3445) SOUTHOLD TOWN POLICE 081622012 2218 *National Standard Incident* Report O&MM121M Incident Report cm# 0142-004033 v T"# Tag upiMion Year Make Madd Vehicle SW E EV72454 ?Dai JAGUAR 4DOOR H A Tag Country Tag State Wilde Type VIN Category I 1 NY LEFT ATSCENE C Top Color : BLUE VeHde Disposition : LEFT AT SCENE L Bottom Color : BLUE Associe8on : Owner is AUGUST RUCKDESCHEL E 1 v Tag # Tag Expiration Year Make Model Vddde Style E EVJ9824 2003 JEEP SPORT UTILITY VEHICLE H Tag Country Tag Stele Vehtde Type VIN Category 1 Z NY LEFT AT SCENE C Top Color : BLUE Vehicle Dispos#on : LEFT AT SCENE L Bottom Color : BLUE Association : Owner is GREGORY C L41NO E Fund of Ve-hick- 2 N TOPIC Ofkftw R Ruckdeschel was stopped for a traffic violation at iA. R Cimino was also stopped at the saute time for following Ruckdeschel too closely. (same iA.) A 7 Both drivers were found to be intoxicated and arrested. T Both drivers were transported to STPD for processing. I Both drivers were lodged in cell #1 in good but intoxicated condition. E Utts issued. Both vehicles were secured roadside at the scene. End of a : 1 Repow" OMM Department Report Status: PO PETER C ONUFRAK (5545) SOU7HOLD TOWN POLICE AppmW supervising OMM DatdFime Verm"M omcer DepWbrAnt Dale / Time SGT WILLIAM E HELINSKI (3445) SOUTHOLD TOWN POLICE 06102 122218 New York State - DeparlnaeAoar Vehkles UNIFORM TRAFFIC TICKET S1010011ft POLICEAGENCY TO PLEAD BY MAIL 70 6e oornpeled by Police Officer SOUTHOLD POLICE DEPARTMENT (NOT TO BE USED FOR MISDEMEANORS OR FELONIES) and given b Moarist Local Police Code Loll Nwns(De-da) First Name M.l. - O you are ~ng "GUILTY" by mail, place an "X" through SECTION B, then FLYNN THOMAS P complete and sign SECTION A. and street APL No. Photo Sixmn - K you are plewlirg "NOT GUILTY" by mail, place an "r Ovough SECTION A, 72 DOLLARD OR a Oren compete and sign SECTION 8. ND BABYLON &e°e ~P Code OwWW OPw. L= Cmas Mad Olt arm a the Court noted on this ticket by Registered. Certified, or First NY 11705 Q D Class Mail. with Ream Receipt Requested. Cl Wa D Number sax Dar. Eases - DO NOT use tlos form fa Misdemeanors or Felonies or for a third or subsequent 158288506 M 485/2019 speeding violation 1, an 10 month period, instead you must appear in ft Courtnoted Lie mats Dam of Beth Ve Type Yar Make Color on this 6d(e( in person. NY 4MGM957 1 2011 NISS BL Nurber Rep. Smm ReglstraOOn Ergkea ofd on the rt ~ of this your ~t YOU wig be notified by mil to appear in the Court n CFJ7780 NY L278013 THE PERSON DESCRIBED ABOVE IS CHARGED AS FOLLOWS SECTION A - PLEA OF GUILTY Tone Dele ar offwas W VIOLATION OF 446 PM 6812012 NYS V AND T LAW To the Court listed on the Omer side of this ticket Swoon Sub Section Tr td Misd Felo% mpH ION Za,a 1. 1127A O O O residing at Devolpft NRO'NG DIREC ON ONE-WAY SM US DOTS -ham ~ charged ~ the arning n as pspedried on rinted in bold ty OIe other stele or this d dial. I DRIVING a wakre receipt of igna the type Al the ofla side of O GUILTY ticket. and nd I waive a charged enl open pen court rt and dtl nd the as of an isposey. dm Guar to a the offense as s charged and request tltal this charge e be e disposed I aide d of and a fare or CDL Velr &ra F1az j~la PenafY fixed by the court O O O Additionally. I make the folawfng statement of explanation (opbuna0: thry. No. Lae Code CR 46WEPOT LN CUTCH 48 6269 CriN Nano SOUfHOID.TOWN OF-6269 FFFFOLK 3 rypa 0055169 AFFadAED UNDER PENALTY OF PERJURY Dam Alwmed OR Assign An statements are made under penalty of pefurY /j 01141 2012 HP HP1 f'V ~2h~HRr ATAL Dale. Signed: (allows SWOMM) lima rslvew 88 SECTION B - PLEA OF NOT GUILTY you O the OMM dirt not issue you a a ppord g after. tea Name P tN""8 CL Thex>slW ng notice lies your a to Onufrak NOTICE: YOU ARE ENTITLED TO RECEIVE A SUPPORTING DEPOSITION FURTHER EXPLAINING THE CHARGES PROVIDED YOU REQUEST SUCH SUPPORTING DEPOSITION WITHIN THIRTY (30) DAYS FROM THE DATE YOU ARE DIRECTED TO RESPOND TO THE COURT NOTED ON THE Roder Mows Sipneaxe OTHER SIDE OF THIS APPEARANCE TICKET. DO YOU REQUEST A IM MATTER IS SCN®tnJED TO BE HANDLED ON THE APPEARANCE VATEBELOW SUPPORTING DEPOSITION? SOUT14OLD TOWN COURT Y° No O SUPPORTING DEPOSITION PROVIDED WHEN THIS TICKET WAS s PO BOX 1179,53096 RT 25 ISSUED? NO O SPEEDING (Gen 101) O SOCqUTHOLD NY ~ GENERAL (Gen 101A) O 11971 Signature 8 RETURN BY MAIL BEFORE OR IN PERSON ON: Daft Tens Add MUST APPEAR IN PERSON 712/2012 1:00 PM A PLEA OF GUILTY TO THIS CHARGE IS EQUIVALENT TO A CONVICTION AFTER TRIAL. IF YOU ARE CONVICTED, NOT ONLY WILL YOU BE LIABLE TO A stare Zip Code PENALTY, BUT IN ADDITION YOUR LICENSE TO DRIVE yyouubybyFirstdr~s;MailofyLourrappearance 48deaho. rs The°° rt Y"r"°sty A MOTOR VEHICLE OR MOTORCYCLE, AND YOUR APPLICANTS UNDER 16 YEARS OF AGE CERTIFICATE OF REGISTRATION, IF ANY, ARE MUST SUBMIT NAME AND ADDRESS OF PARENT OR GUARDIAN BMW SUBJECT TO SUSPENSION AND REVOCATION AS PRESCRIBED BY LAW. Harris of Parent or Guardian Address Conviction may subject you to a mandaary surcharge andfor Driver Responsadily Assessment as prescribed by law.' State Zip Code Your failure to respond rosy result a a warrant far your arrest or n of FAILURE TO ANSWER THIS TICKET WALL RESULT IN THE SUSPENSION OF 6oanse andar a defaultNbBemnd against YOU your drivels YOUR LICENSE AND A DEFAULT JUDGMENT AGAINST YOU. you. UTD-1.7 (4002) S1010OR90Q • Southold Town Police • Report 06116/201214:38 COPY Incident Report Case Number 01-12-064488 1 Case Number Report Occurred On/From Occurred To Report Type N 01-12-004488 06/161201214:38 06/16/201214:38 Original C Incident Type Case Status Case Status Date Cleared TOWN CODE VIOL.-OTHER CLOSED-NO ARREST (ADMI 106116120`12 D IIL Common Name E VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SATURDAY Sector : 2 802 T Map Reference: CUTCHI Total Damaged Property Value : $0.00 Location Type : AGRICULTURAL FACILITY Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property : .00 O State Classification Attempted/Committed F TOWN CODE VIOL.-OTHER COMPLETED F Statute/Ordinance Location Type Disposition Date E A STC 205.1(e) AGRICULTURAL FACILITY N 1 Federal Classification (Larceny Only) : Not Applicable Attack Reason : NO BIAS/NOT APPLICABLE S E P Person Type Business/Person Name Business Phone E OWNER MATTHEW MCBRIDE 631- R Home Phone Person Address Map Reference S A 631- Use Address from Incident Location Information O 1 Cell Phone Employer Address Map Reference N 516)659-5900 Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 05/29/1969 Age : 43 Body Marks: AdultlJuvenits : ADULT IP Person Type Business/Person Name Business Phone E COMPLAINANT CO MARIA KOSTER 631- R Home Phone Person Address Map Reference S 631 7347060 975 HORSESHOE DR Cutch ue, NY 11935, SUFFOLK County O 2 Cell Phone Employer Address Map Reference N Race Sex SSN DL Fxp. Date DL Number WHITE Female Birth Date Birth City 01/15/1957 Age : 55 Body Marks: Aduft/Juvenile : ADULT Reporting Officer Department Report Status: PO TIMOTHY J MCGOWAN (5250) SOUTHOLD TOWN POLICE Approved Officer Name DataTime Verifying Officer Department Date / Time SGT HENRY F SA14TACROCE JR (6982) SOUTHOLD TOWN POLICE 06/1 /201216:09 Southold Town Police ~ , Incident Report as' h~ 1-1 6 N Topic Original A R The complainant called to report loud music coming from the above IIL. R The undersigned responded but was unable to hear the music from the roadway. A 1 Mr. McBride was issued a town summons (A2909) for having exceeded the maximum occupancy of the T establishment. I Mr. McBride stated there were 326 people inside. E l Reporting Officer Department o PO TIMOTHY J MCGOWAN (5250) SOUTHOLD TOWN POLICE Report Status: , officer Name Approved Daten"ime N Verifying Officer Department Date I Time SGT HENRY F $ANTACROCE JR (6962) SOUTHOLD TOWN POLICE 06N6f2012 16:09 0 A P ao n .t n A-2909 Town of Southold Suffolk cou6tq,.14Y TM People el Se8f21e of NaM IAfTNPME Yort vs. C Pv W NCET18EaPPEOi,PTPA]gN++Gf~ STALE tlFUC@ISE TA TAPTN M Y 46fQE I M NO. TIECKF~Ttlhfidp~i~S1EPED(MNEN bk ~b I~fiO GATE EIQiAB STATE C}N.Y. ?NJ. QKY ?NJ. ? RATETYPE ?PAW ?W m ? 43 jtj. END b ? PAgWC ? k TA,- 'h'ir6YA ? ? RYM 2M 60DY ? ip 13 ? LOP TWE C2 TPUdc ? TPMIT;P ? VAT! ? T 6 S; W fl NN NUfBEp. TTFO ~E~ DESM EDAeOVEjf T+(TAPOE MFOLL& S E A E PY.T~YN.1 fftl ULF"y( 4 CRM ~ OF THE ?VEItlGT1=7 MT{ $A MPN ZUfE IFA OFFEWE - WEAMOR ? FM=*Wp M(g1YTF TatE IAME06EFBiDMiT61 ONTNESYAT&+AA ~yAJ@ TE, TPIEANDfTA4E~ n'T"~ate..amWnu.l aammp~Tagyraprf.o.w.eue,.er~y~.~ Awa RWIfMGfGiQ01A81flNEf CbNfACT E>~#3 fCNTNOf1PY0 TIER SUMMOM0 Tp.AA-~p At fMAViAOditg&L' pEp M•1TfT1 MRO FAIfEiTATTjENIfT IAPEHMfWALEASAEUIgBA . M9ANm RRStYNTT09ECt110N1b.Rf CFTEPLKY9 i coms-vKTTIT Sr06E URT COPY Co PY • Southold Town Police 0 Report 06/16/201216:35 Incident Report Case Number 01-12-004492 I Case Number Report Occurred On/From Occurred To Report Type N 01-12-004492 06/16/201216:35 06116/201216:35 Original C Incident Type Case Status Case Status Date Cleared 1 DISTURBANCE-NOISE CLOSED-NO ARREST (ADM[ 060/2012 D UL Common Name E VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SATURDAY Alcohol Related : NO T Map Reference: CUTCHI Drug Related : NO Location Type : OTHER OUTSIDE LOCATION Total Damaged Property Value : $0.00 Sector : 2 802 Total Stolen Property Value : $0.00 Alcohol Related : NO Total Recovered Property, Value : 0.00 P Person Type Business/Person Name Business Phone E PERSON INTERVIEWED MATTHEW MCBRIDE 631- R Home Phone Person Address Map Reference S A 631- 1159 HASTINGS CIR BALDWIN, NY 11510, OTHER-NEW YORK STATE County O 1 Cell Phone Employer Address Map Reference N 516) 6595900 Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 05/29/1969 Age : 43 Adult/Juvenile : ADULT Oocu eon : Manager Body Marks: p Person Type Business/Person Name Business Phone E PERSON REPORTING GEORGE HELINSKI 631- R Home Phone Person Address Map Reference s 631) 734-6134 18450 ROUTE 48 Cutch ue, NY 11935, SUFFOLK County O Cell Phone Employer Address Map Reference N Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 07/14/1961 Age : 50 Body Marks: Adult/Juvenile, ADULT N Topic Original A R Helinski reports loud noise, ongoing problem, at above location. R Undersigned responded and spoke with McBride, neg. problem, music turned down upon A 1 undersigned's arrival. T No violations observed,no summons issued. V E u~ Reporting Officer Department Report Status: PO BRIAN P MCNAMARA (5146) SOUTHOLD TOWN POLICE Approved Officer Name Daternme Verifying Officer Department Date I Time SGT WILLIAM E HELINSKI (3445) SOUTHOLD TOWN POLICE 06/2112012 02:01 COPY • Southold Town Police 0 Report 06124/201216:33 Incident Report Case Number 01-12-004797 1 Case Number Report Occurred OnlFrom Occurred To Report Type N 01-12-004797 06/14/201216:33 06124/201216:33 Original C Incident Type Case Status Case Status Date Cleared POLICE INVESTIGATION CLOSED-NO ARREST (ADMI 06/2412012 D UL Common Name E VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) T Day of Week : SUNDAY Alcohol Related : UNKNOWN (X) Map Reference: CUTCHI Drug Related : UNKNOWN (X) Location Type : OTHER OUTSIDE LOCATION Total Damaged Property Value : $0.00 Sector : 2 802 Total Stolen Property Value : $0.00 Alcohol Related : UNKNOWN X Total Recovered Property : .00 P Person Type BusinesslPerson Name Business Phone E PERSON INTERVIEWED MATTHEW J. METZ 631- R Home Phone Person Address Map Reference S 128 SILAS CARTER RD MANORVILLE, NY 11949. SUFFOLK County O Cell Phone Employer Address Map Reference pf 516 236-9747 Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 07/01/1958 Age : 53 AdulUJuvenile : ADULT Ethnic O' in : NON HISPANIC Body Marks: N Topic Original A R Anonymous report of a female possibly performing sexual activities on the front lawn of the above I/L. R Undersigned and SPO Richert responded, unable to locate. A Undersigned interviewed the owner Metz who stated he was unaware of the above, and did not believe T it occurred. V E V Reporting Officer Department Report Status: PO DAVID C HUNSTEIN (3832) SOUTHOLD TOWN POLICE Approved Officer Name Datefrime Verifying Officer Department Date I Time SGT SCOTT LATHAM (4749) SOUTHOLD TOWN POLICE 0612412012 20:58 CO PY .Southold Town Police Report 06/30/201214:34 Incident Report Case Number 01-12-004976 1 Case Number Report Occurred On/From Occurred To Report Type N 01-12-004976 06/30/201214:34 06/30/201214:34 Original C Incident Type Case Status Case Status Date Cleared TOWN CODE VIOL-OTHER CLOSED-NO ARREST (ADMI 07102/2012 D I/L Common Name E VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY (SUFFOLK County) N Day of Week : SATURDAY Sector : 2 802 T Map Reference: CUTCHI Total Damaged Property Value : $0.00 Location Type : OTHER BUILDING Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property Value : 0.00 O State Classification AttemptedlCommitted F TOWN CODE VIOL-OTHER COMPLETED F Statute/Ordinance Location Type Disposition Date E A STC 280-13 aft OTHER BUILDING IN 1 Attack Reason : NO BIAS/NOT APPLICABLE S E O State Classification Attempt"Cgmmitted F TOWN CODE VIOL-OTHER COMPLETED F Statute/Ordinance Location Type Disposition Date E 2 STC 205-1a OTHER BUILDING N Attack Reason : NO BIAS/NOT APPLICABLE S E P Person Type Business/Person Name Business Phone E PERSON REPORTING GEORGE HEL.INSKI 631- R Home Phone Person Address Map Reference g 631 734-0134 18450 ROUTE 48 Cutchogue, NY 11934. SUFFOLK County O Cell Phone Employer Address Map Reference N Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City r 07/14/1961 Age : 50 Body Marks: AdulUJuvenile :ADULT P Person Type BusinesslPerson Name Business Phone E PERSON INTERVIEWED DALE SUTER 631- R Home Phone Person Address Map Reference g 516 3514919 138 BROOKFIELD AVE CENTER MORICHES, NY, SUFFOLK County O 2 Cell Phone Employer Address Map Reference N 516 3514919 Use Address from Incident Location Information Race Sex SSN DL Exp. Date DL Number WHITE Male Sir Date Birth City 06/14/1969 Age : 42 Employer : VINEYARD 48 Aduif/Juveniie : ADULT Body Marks: Reporting Officer Department Report Status: PO DAVID M OKULA (5533) SOUTHOLD TOWN POLICE Approved Officer Name Daternme Verifying Officer Department Data / Time SGT RICHARD A PERKINS (5594) SOUTHOLD TOWN POLICE 07/0212012 08:59 ~Southold Town Police « R agtc~ro 14:D Incident Report Case Number 01-12-004976 P Person Type BusinesslParson Name Business Phone E PERSON INTERVIEWED HOWARD PRINS 631- R thane Phone Person Address Map Reference $ (516)250-1072 99 GRAND AVE Apt 4A ROCKVILLE CENTER, NY, , OTHER-NEW YORK STATE O 3 Cell Phone Employer Address Map Reference N 516 250-1072 Use Address from Incident Location Information Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 12101/1970 Age: 41 Employer: VINEYARD 48 AdulVJuvenile,: ADULT Bod Marks: N Topic Original A R Helinski reported loud music coming from the above I/L. R Undersigned responded and did hear music, but said music did not sound excessive to the A undersigned. I Uhc'llef-deftW requested Sgt. Beebe to respond to the above I/L to take a noise meter reading, but Sgt. V Beebe stated there was too much wind to get an accurate reading. E Sgt. Beebe advised the undersigned to issue summonses to the above I/L for violations of STC 205-1 a (Operate a Special Event without a Permit)and STC 280-13 a&c (Zone Violation-Operate an Illegal Retail Store). Undersigned spoke with the manager of the above Ill-, Suter. Suter stated he did not believe he was in violation of any Town Codes. Sgt Beebe and Lt Ginas advised the undersigned that Vineyard 48 was in violation of said laws and summonses should be issued. STC Summons issued to Suter for STC 205-1 a. STC Summons issued to Prins (operator of said Cigar Shop for STC 280-13 a&c. l~ Reporting Officer Department Report Status: ° PO DAVID M OKULA (5533) SOUTHOLD TOWN POLICE Approved Officer Name , Datemme N Verifying officer Department Date I Time o SGT RICHARD A PERKINS (5594) SOUTHOLD TOWN POLICE 07/0212012 08:59 0 A m V Town of Southold I Town of Southold A 0417 Suffolk County, NY y A 0 418 Suffolk County, NY The People of the State of New York vs. - I The People of the State of New Yo k vs. UST NAIJE QPFENMNt) RST E MEM%EyRDK - UST NNJE ID flBST NV,I MIDDLE INITAL Illy. ~/'9 R. 4/4 STIIEEi Ee6 _ AP1.N0. - 9TREEf B cDV_e, fel NI bkGS 6TATE~~ 1193/ F ~S jD nP IMENBEgi REgNMlION MA.IBEP _ - C E ql REG NUMBER STALE TVPE6 E wMIE E% DATEWS1 OPEIUTdi STALE TYPEOFUCENSE DATEURAES E% DATEOFSIRTH OPERATDR y / /p M Y OYE9 M DAY OWNSVEMCLE RTH V P 4 ?YES ?NO THE OPERATOR OR REGE ED (ANNER CF VEKK%E DESCRIBED BEION TIE OPEMTDR OR REGISTERED OWNER W ~UE DE9CRIBED aELOW RATE NO. DATE E%RRES - RATE NO. Y DATE EKPIRES STATE _ PLATE TYPE STATE PLATE TYPE ? N.Y. ? N.J. ? N.Y. ? NJ. ? ? PASS ? COMM ? i ? N.Y. ? N.J. ? N.Y. ? N.J. ? ? PASS ? COMM ? VEHICLE MANE ? DODGE VEHICLE MAKE ? DODGE ? BUICK ? CNEJ ? CAni 1 c ? PONMC ? BLACK Q~ CHEV ? CAOfl1AC ? P AC ? FORD ? OLDS ? PLYMI~ ? FORD ? OLDS ? PLYM ? TOYOTA ? YOLKS ? ? TOYOTA ? VOU(6 ? BODY E3 ADP 13 am ? MCY ? S.W. - I BODY ? 2811" ? •DR ? Bus ? MCY ? S.W. TYPE TRUCK ? TRAILER ? VAN ? I TYPE ? TRUCK ? ]MILER ? VAN ? VIN NUMBER NN NUMBER THE PERSON DESCRIBED ABOVE IS CHARGED AS FOLLOWS THE PERSON DESCRIBED ABOVE IS CHARGED AS 10LL PUCE RRENC91 E I414 V~ PCF ` CFOCCURR 4T 1/1 4 Cy 6c DA DFF MI 6T4 I PM Cltt. N OR 9LiFGA COIHIY N' ~ Q TIME qtt. GRIMMLEI 9UFFDLIt WUNfY Nv 3a ? J< iQ one ,r IN TO WD~VOFSECTION SUM. OF111E VEHICLEANDTRA CUB 1H ESTATEOFNEW'YORK INN TON SE ON SUBO. fOf TIE VEHICLE MID TRAFFIC UW THE STATEOF NEW YONK ?OTHER ISPEG ? O.B. ? COM BUS HAZ pOIHER (SPEGAT ::ISO I ` OEF VEIL MAT QU I ? 09. ? CqA ? au8 HAZ VL DEF VEH AT O SMENNG Me, OFFENSE ? SPSSOING Ol}IEq OFPEIgE V ~n zolve 47 Al ~Pqj MM IN A MPH ZONE U ? MPH W A MRI ZONE V.1 LYSDEIAFANOR ? A) I FALyNAI MMOT FOR r/L't/T , ~4 e FAC1W/.P OMM'JS IITHE ABOVE NAMED DEFENDANT dOONTHE BTAlEO DA THE AND RACE 1 THEA90VE DEPENpANf gLp~pgq~IWW//THE STATED DATE, THE AND PUCE s 7t Q (O F G r( .r t7~ P~T~ FppPLgM WF•JM RPN1 •Rbd IMNp,HN VN •A MKN •NMn IN FN•00Vq Y0M•0M •nNNI K~R~ Mw1.Ma2.1 ObrFmNMRRA DBMD.I MAgNC roBO,,,~lwe f frr'~' fnu. ZMM9"0.Po ' zv"-Y1 ffttf o~S ~u.ITM~ Vad1 ~tA#A(AA e l -F PARKING SCHEDULED MINES CONTACT PARKING SCHEDULED ONES WACT "-",.~„~.r WE PERSON USCIYIBEO ABOVE IS SUMMONED TO APPEAR AT THE PERSON DESCRIBED ABOVE 13 SUMMONED TO APPEAR AT /'Y, SOUTHOLD TOWN JIETCE COURT. NOS ROUTE 26, SWTHOLD, NY 11071 SG OLD TOWN JUSTCE COURT, NON ROUTE 28, SOUWMD, NY 110)1 7 INJTFOII J Q ~A. /1) AIWI KI RNN AT J At~ I AT A-0 FMAESTATEMENISIERBNARS A SAMMOEMFMIgIPURMMMTOBEC11ON216.60PTIIEP.LHY.S. i FAUIEWAIBAHiit ASACLNSA WDEMEANgI P1g9MWtTDaEC11CNYfDAI%1HE P.LHY.9 COMRFJNAM / ~O I Bu oil, oU, L/n nnTmm nnoV / COURT COPY ~j COPY Southold Town Police Report 07121/2012 15:52 Incident Report Case Number 01-12-005790 1 Case Number Report Occurred On/From Occurred To Report Type N 01-12-005790 07/21/201215:52 0721/201215:52 Original C Incident Type Case Status Case Status Date Cleared 1 DISTURBANCE-NOISE TICKET/SUMMONS ISSUED 0724/2012 D Ill Common Name E 18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) T Day of Week : SATURDAY Sector : 2 802 Map Reference: CUTCHI Total Damaged Property Value : $0.00 Location Type : OTHER OUTSIDE LOCATION Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property Value: : 0.00 O State Classification Attempted/Committed F TOWN CODE-OTHER COMPLETED F Statute(Qwinionce Location Type Disposition Date E A Southold TovmCode 180-5 AGRICULTURAL FACILITY N 1 S E O State Classihl Uon Attemptedlc6iiamilted F TOWN CODE VIOL-OTHER COMPLETED - F Statute/Ordinance Location Type DisposidonDate E Soutliokh T6wh Code 280-13(A) AGRICULTURAL FACILITY N E O St" Classification /lttempted(Commilled F - TOWN CODE-OTHER COMf'LEf`ED F Statute/Ordinance Location Type Disposition Date E Southold Town Code 280- 13(C( AGRICULTURAL FACILITY N J S E O State Classi-fication Attempted/Committed F TOWN CODE VIOL.-OTHER COMPLETED F Statute/Ordinance Location Type Disposition Date E w Southold Town Code 205 - 1 (2) AGRICULTURAL FACILITY N 4 S E Reporting Officer Department Report Status: PO DANIEL A MACKEY (4830) SOUTHOLD TOWN POLICE - Approved Officer Name Daternme Verifying Officer Department Date I Time SGT THEODORE 0 BEEBE. JR. (5140) SOUTHOLD TOWN POLICE 0724!2012 13:33 Southold Town Police 07 1 215:52 Incident Report Case Number 01- 5790 P Person Type Business/Person Name Business Phone E PERSON REPORTING WILLIAM HIPMAN 631- R Home Phone Person Address Map Reference S 631 734-8208 Use Address from Incident Location Information 0 1 Cell Phone Employer Address N Map Reference Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 04/28N972 Age : 40. Body Marks: AduW 3e : ADULT P Parson Type Business/Person Name 9ueiness Phone E PERSON INTERVIEWED MATTHEW R MCBRIDE 631- R Home Phone Person Address - Map Map Reference s 631- 1159 HASTINGS CIRCLE BALDWIN. NY 11510, OTHER-NEW YORK STATE O 2 Cell Phone Employer Address N 518 859-5900 Map Reference Rom SOX SSN DL Exp. Date WhK..... Male Birth Date Birth City 092>~/1>i89 Aga: 43 Body Marks: AduldJuventle : ADULT N Topic Original A R Shipman States loud music coming from vineyard 48. Undersigned officer did issue four summons to R McBride. A 1. Summons At A2978 Southold Town Code 180 - 5 T 2. Summons # A2979 Southold Town Code 280 -13 (A) I 3. Summons At A2980 Southold Town Code 280 -13 (C) E 4. Summons # A2981 Southold Town code 205 - 1 (2) Reporting Officer Department Report Status: ° PO DANIEL A MACKEY (4830) SOUTHOID TOWN POLICE Approved officer Name Daternme N Verifying Officer Department Date / Time c SGT THEODORE O BEEBE, JR. (5140) SOUTHOL.D TOWN POLICE 07/24/201213:33 ° N V m Town of Southold r Town of Southold A 2 g 7$ Suffolk County,Y A $uffDlk COYnty,J` s thePaaplaoflheSlateefNewYOrkus;: x a R Y 7 usr.NAME~D N ~ , , ss A,A i' r,.r7,3+-~* . be People of the Slate of new Y rk vs Est ck~ 'h` z - J aTl E`,;,~ r 6N~9 MrtIAk s a TN<Ata E Tl 'ih Y TY "ti ~Mi,4 PA4 $iPEET ORE55 fi ; o,.. AFT NO STI ~g tt I 9R sr~ 1f S l ft£t~'~>r~(r~ C,rCle `~"D s ATE Z p CITY STA 2 P t +~.(til,n/ ,;ro ~r t/ S%Q 11f~~ (l~'- !I„ Y'y G7 .N. ~hIGEd4@ORAaQI$T5pT1AN NU AEEA ,1[~~', ''4GErv$IF R, WETRATIONNUM318 'STATE TYREQFUOEN.SE A AT@E%PIRE`w $E% DATEOFHIRTH OPERATOR ! TATS TYPE O'IJOEIVSE DATE EXPIRES $E%'.pATq DF EIflTH , NS F 107 TJb }}S~ U,NE YEHIA Q EAATJ2 r~xu A35 h. ...•A. 1 ?YE VE?C_ THE OP 9ATOR OR REGISTCRED OAN TOFV HCL cES REED EELCV f- THE OPFRAiON ORR GI TERED'OWNEF OF IEMICLEP C9 EEO @ELCW FLATAo D ~I EXRME$ P(agTENO DATE EAPIT STATE * F.ATEtt IJl, tr. STATC -LATE TyPE~.. NY: 4NJ CJ NJ [1 uPA$$ CG \ -t-{ ?~NYyQN ?NY NJ a 77 PA55 COtMt G VEH CtE MAfiE - CCDGE~ i VFHICI,Eh}AI(~ • 3 5 a Y ?r•' CCquc _ u EJOK. S] DHEV w ~cqC 4.AC U POYTIAC h Q BUICq/.. L CHE! ? . Cj,DILLAG ....y P0.1R1AG P .D a oGaS =u n+ PAPO oms ? Prng,'. 2CR ? '4.DP _ _ _ EqG J-, 404 a .r J., L J..TRJ K. ..x ,LiA LEFL L. .Yn( _ TYPc ..1 RV Jo C _ n G ? TRA..ER.' - jJ sTHE PER60N DESyCRIBEO/A20vE 1I5 CHARGED AS FOLLOWS ) THE PERSON DESCRMED'ADDYE IS CHARGED AA"OGOOWE F /{r-icy}{ /SJ CE.~; V %.l! I+tHU~ 'J U (2Gi/f+.}4V PLACSJ.l,9FYlv..c ~~...Il PW'WL.er.r P'HR Srv } ~l/`.}j 1 AJ TrI. Pt T ..:.6 .rY f/ iRV ,,rr~~ DA 0 EC'~ac .R%l T p1 Pt/ . f L GA JM~L~T _ S Jtc v F."'? I (1~ ? ~ ~t74T' ~ r~ I J''C- 1 c 17 Jl~~_JT c~}/~YJ ! _ "J F jj]] o _ ~J[_,,/ A" F1 I, 7% T •0 S CT..l 5u'- GEtncu _A.J Pnpcf lA\( F E l ,.u F 77 PWVI. ~x+ ~J Gc b rl 1 AT F- tt~~~ I ~H LJ CC 6._ D EP -VE OTNEd r•JFF_IV.C SPEEL:Ny - 0!M BOtrENb tiHC -h,rncy~ 4SOyMCA.'vOP y4P FACTLPLPARi IOTPOr' /3 Ery, ~\`~x FACTUAL PART JG FORT?2) -.E ALU._ t• 0DC EjJDA.YI OIUDl TryE STATED DATCT ~F All P,AL_ rr } JC rANpP CE ;rJ i't. UN !V4 S4 .ft >s/ r?•~° lr L7-t_~!'s,r~i! 5`S *,~C",cr CcL FO,v ? :f F4 J ~~PCaS ~ ~L; ' - 01 ' .~{5S y ssF ( k P :e0a.ir 1 ~3,N cay.. V,y TyF .P 0 Nen IkVo a] p!(Ir,19!F 4 5 uBII 1R04P4Re BeNy Pe WRy~e9 0 n 8 ar. L r ' y s.Rdlh.55.,4cOLLEOFNE °y _ O+iAOT 8i I A PARgNCP $'vFEDU~EOF NES CONrA: COJ THE PFA$ON OESOPIBE0.ABOYE IS SUMMONEC TO APPEAR AT PERSON DESCRIBED-ABOVE IS BUMlAONEp TO APPEAp AT. $OUTHO O TO~lN JU&TG~ COUPT SJOBSAOUTE 2q $CJTHOLD, NY 1197, $OVTy0LRTgWN JUSTJCECOpfi ~ 590G6 ROUTl;)5;{WSitOl,O NY T:IB)Y ' !WTEQFAF>VAµC6U TiOPNtl, - • {}*Jy eJ~ j/ ry II~~,'"^~~`WI~FfTG ~f1P1yPTPAM1CEINO RNb I AT Io O(~ 1A A 1' VJ Y•Y K 'r b ~r MQJ acE 0 N Hvl_Vrv EFJNy AELE ASACJS~AL .u1wL cstRr iC$E~ _ .iS G. 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STATE ttP.E'AExi.IGEJJS€ yATEE>.fP/96 J SEX PASEOF e1P[['(N}~ OPEPATOR SR{YT.k '171,11 r~0EY0E p9~f.'EMPIgEB 8FJf OA'SE,OT@IftjfA,£. dpPEgA'jOP 1 E Sx M ~ ~ DnN$4ENICLe r r. r x.. x, ,M Qpv6sY4 a J OYES ?`.0 C k ' THE OPERASOfl DRgE(iI63ER6D QW,NEROpYEH GLEOE6GPIBF~P BELOV! 1 ~ 7HE OPpRATpF~A9 fiE6161F9E0 CWNEP ORVEHl01Z DEfiP'RIBER, E§OYfry sPIATENq_' P,gTE NO DATE EAPIRE' c F DHT P1REz STATE * •PLATE P(PC 6S4rrE y - P~5IATE TYPE T Y:'?r.J OM1,Y ?NJ t~ GFAS$ ?OC.PA G. Y?NY "CS N.J CNY GNJ ? `1 uPA55 ?GDMM C _ ~Eh ClE'MAKE 2""10 NOV, , ? DAM-,r,c P„uTIAC ? .fl41cK. .fl: PI+Ef G .OAt{:IAC _ p;' .PONIlAO F^RD ? ALPS ";r xfiyM 'G' G p0A "cJ-Gr fl YOV )$.C~i i4''TOVQTA q,.,_ 1x.urs _ 20H ? nAF ] B'e~ u- May .7„S.e 'p BGf~Y ° Y ~p 49R~,~ G au [3 May es C 6.vV. _ u YP, ? rdJUN... T T1aR1LER ? V TA a ,'0 - n rc. -TNEPEP60N DE60piBEDTBOVE I6 CNARt}EOASfDy.L01Y5",F rT 'THE PER60N OE6QNI5EOABOVE IS CHARGED AS FOLLO'N5 '•'E F Eh~l C' T - i Pc w~c i /y~ FSAG F G4jRj~EYGE f~.- 4 n POT ~d/(f~~. ~ F.' Ve Ar OFFENSE AM1 ~Tr~ .,Pfd S-V,7(~. ,~L.AVC,Q hy, {IIr~,Q KGr4ti~. I CF f a Ad M.PM CIP' x tW/ YG x,vµ ~,y T rFdTr~ F S V 9F Jh - a I INV~T NOF $E071Jq SUED , 0 F ~v HALE ANJ IAAPTOIAW OF ITiE STATE Cm N1 YuU rFcG~ v 5 c n;E C1D.,n aSP,E'C-yj Dos ?C t Bus t~a~ > C' c{ D EH 5 ED 1 ]HEP.p kEy6E bpPEpINGR QTAEROFPE.V$E,` , n rA N~FC7{jnE 4.d.b'^ly Id S4EMEA\R'- ytPH)Nd,f ydMRHZOgE "5Ak' n ivU130eME5hG9 T-I -777711.- 1 1 `..T ^x` FACTUAIe(WT (NOT FOR Ne) rnc'wAkPARj NOTFOry~!~)».'`^ "T'+ ,a N l i~ E.WAEDG- END V DIPAN+RY TAIF}1DATE.TYE AI4FyJ.CE . Q V~ ~ ItlEA GV{ EQ (fPl ENDANiD ? TryrST `t{O Dqi (MEAN " ! ^tc~SU F C'nIT. ~ d firp' y ~c ~••,w'~. ~t C},L Pit U it /{{PQ~ ! tJor= s ~k'o~ ~{^f t' tl ! ' _.vajwamsnc .Yu~~-m~aArea• dNl4N RnaYg A59 wG rewwwp ).A EF,@34F a ceP~'.D I I tnk~~? ',Eatsa rp 18Nlil4plWP#4& O+Iresg pgtib9la14sdsn naanwl P e 1 G-t F' ° f .ce e! G'f: [V r t3 ` Y..yu x 'IT eA, d teC 'F f r I - - r' sf I r fT„ PAgK.NG$Grf DV6E4FNE~ ` ' C NTACTCOJRT? ~s: PIN bGHEPOLE_O FlMYER ~ ~ }A, yf yOYTApTAQIrF' i n k" .fir . rt i ,r,.• hS 4 ! F' THE PEPeOJtq@9pPIBE0 ABove IGSDMMONED TO APPEAR AT t?> r s 1 YNEPER~ge AE6QfNRED AB04EW 60MMONEp T6APEAR ATF' SODSHQ4,0 JA NdOPTdOE 686{iQUTE $ THOL?r NYT1V JY r csOUiNR~T9M~N9a@TI £~VBT'bD685,RRUIER6jpODT QI,Q M,# tAH ,1 A .e n flxtA~*+t"7 44 7T s v , Y el. r~wgFl d ? " T' Cx , ~3'wuwd+gui~wa r_ u 4 '{`"if 5~ ON # S ~(4 y ry y (LN `y 1`.~ r' P * 1= V T 'c `d`ad ar ^ ~ llJt1 N,w~j r F~Sn„~w x° ~+r~-'~ I r'y,~ r 4 ~ " .qr~'~ C ~U41A ..uuP~} F.NrbPANTT9 Pq 1 P OF P :r.. PAhT65TAtEMFNT~ 6 4 EHN 0'i"`.Y'r1~~11 Y°°'~ t'I's" . N'd10+NPr5l.I r'LN$9 t~~+'T:,~'GNZ f"®BEN,U4`I'$NAfi•IrFd C(~S~0.A W0~ , ch10d x ~ a9 s R~~4~ Qfl~c3a ~ $ ? cS6+P£,A aANT ~ k,lw " PdyPr / ~k.'4 ~G P Y G ; fgg~tytr ,pd'fr5~ .~,MM ~ r'• S I t Y { r4 E iS'. l'~-'"°~ F 4 r. 5,T pi ' ' " M"o ea x *Southold Town Police • Report 07/28/201215:20 COPY Incident Report Case Number 01-12-006053 1 Case Number Report Occurred On/From Occurred To Report Type N 01-12-006053 07/28/201215:20 07/28/201215:20 07118/201215:45 Original C Incident Type Case Status Case Status Date Cleared 1 DISTURBANCE-NOISE CLOSED NO ARREST (ADM[ 07/28/2012 1I1. Common Name E VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SATURDAY Sector : 2 802 T Map Referenoe : CUTCH1 Total Damaged Property Value : $0.00 Location Type : BAR Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property Value: .00 N Topic Original A R Undersigned responded to I/L for a complaint of loud music coming from I/L. Undersigned checked I/L R from all surroundings and found noise to be at a reasonable level. A 1 T V E c Reporting Officer Department Report Status: _ PO JOHN CROSSER (1591) SOUTHOLD TOWN POLICE Approved Officer Name Datamme - r VerHying Officer Department Date I Time r SGT SCOTT LATHAM (4749) SOUTHOLD TOWN POLICE 07131/2012 08:53 s COPY Southold Town Police • Report 08/11/201216:45 Incident Report Case Number 01-12-006598 1 Case Number Report Occurred OnlFrom Occurred To Report Type N 01-12-006588 08111/201216:45 08111/201216:45 Original C Incident Type Case Status Case Status Date Cleared 1 POLICE INVESTIGATION CLOSED-NO ARREST (ADMI 108/11/2012 D III. Common Name E Vineyard 48 - 18910 ROUTE 48 Cutchogue, NY 11935 (SUFFOLK County) N Day of Week : SATURDAY Sector : 2 802 T Map Reference : CUTCH2 Total Damaged Properly Value : $0.00 Location Type : AGRICULTURAL FACILITY Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property Value : .00 P Person Type BusinesslPerson Name Business Phone E PERSON REPORTING WILLIAM SHIPMAN 631- E Home Phone Person Address Map Reference g 631 734.6208 75 HORSESHOE DRIVE Cutch ue, NY 11935, SUFFOLK County O 1 Cell Phone Employer Address Map Reference N Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 04/28/1972 Age : 40 Body Marks: AdultlJuvenIle : ADULT N Topic Original A R Shipman came to HQ to report that Vineyard 48 has an ad in The North Fork Patch web site that R states Vineyard 48 Dance Party" and that they are in violation of Southold Town Code chapter 205 A Special Permit. Undersigned officer was advised by Captain Frank Kruszeski to report to Vineyard 48 T and observe, monitor, and document what I saw. Undersigned officer did observe approximately 100 - 1 125 people on the grounds with a DJ playing music inside a building with two speakers outside of the E building pointed towards the grass where several adults were dancing. Reporting Officer Department Report Status: _ PO DANIEL A MACKEY (4830) SOUTHOLD TOWN POLICE Approved Officer Name Datelnme c Verifying Officer Department Date I Time SGT HENRY F SANTACROCE JR (6982) SOUTHOLD TOWN POLICE 08111/2012 22:41 c t e.f t c COPY 0 Southold Town Police 0 Report 08/1&201215:21 Incident Report Case Number 01-124)06639 1 Case Number Report kCLOSED-N. curred On/From Occurred To Report Type N 01-12-006839 08/18120121521 18/201215:21 Original C Incident Type se Status Case Status Date Cleared DISTURBANCE-NOISE ARREST (ADMI 08!1912012 UL Common Name E 18450 ROUTE 48 CUTCHOGUE, NY (SUFFOLK County) N Day of Week : SATURDAY Sector : 2 802 T Map Reference: CUTCHI Total Damaged Property Value :$0.00 Location Type : RESIDENCE-SINGLE FAMILY Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property Value : .00 P Person Type BusinesslPerson Name Business Phone E PERSON REPORTING GEORGE HELINSKI 631- R Home Phone Person Address Map Reference g 631 734-6134 Use Address from Incident Location Information O Cell Phone Employer Address Map Reference N Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 07/14/1961 Age : 51 Body Marks: AdulUJuvenfle :ADULT P Person Type BusinesslPerson Name Business Phone E PERSON INTERVIEWED MATTHEW MCBRIDE 631- R Home Phone Pennon Address Map Reference g 516 659-5900 1159 HASTINGS CIRCLE BALDWIN, NY 11510, OTHER-OUT OF NEW YORK O Cell Phone Employer Address Map Reference N Use Address from Incident Location Information Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 05/29/1969 Age : 43 Employer : VINEYARD 48 AduB/Juvenile : ADULT Body Marks: N Topic Original A R Helinski reported loud music coming from Vineyard 48. R Upon undersigned's arrival, Helinski reported the music was not as loud as when he reported. A Music did not sound excessive to the undersigned. T Undersigned spoke with McBride (manager at Vineyard 48) and advised him of the complaint. 1 McBride stated the speakers were inside the building and the volume was turned up to 25%. E McBride stated he would attempt to reposition the speakers so they didn't sound as loud at Helinski's residence. q~ ~ W D Reporting Officer Department Report Status: PO DAVID M OKULA (5533) SOUTHOLD TOWN POLICE Approved Officer Name Datafnme verifying Officer Department Date 1 Time SGT SCOTT LATHAM (4749) SOUTHOLD TOWN POLICE 0811912012 08:13 • Southold Town Police • Report 06116/201216:45 Incident Report Case Number 01-12-006839 1 Case Number Report Occurred On/From Occurred To Report Type N 01-12-006839 08118!201216:45 08/18/201216:45 Supplemental C Incident Type Case Status Case Status Date Cleared I SUPPLEMENT REPORT 08/18/2012 D UL Common Name E 18450 Route 48 Cutdrogue, NY 11935 (SUFFOLK County) N Day of Week : SATURDAY Total Stolen Property Value : $0.00 T Location Type : RESIDENCE-SINGLE FAMILY Total Recovered Property Value : $0.00 Total Damaged Property : $0.00 N Topic Original A R P.O. responded over to I/L along with 825. R A 825 took a noise meter reading. T I V 825 advised P.O. neg violation at this time. E 825 advised Helinski of same. Reporting Officer Department Report Status: PO SEAN M GILLAN (2667) SOUTHOLD TOWN POLICE Approved Officer Name Date/Time i Verifying Officer Department Date / Time SGT HENRY F SANTACROCE JR (6982) SOUTHOLD TOWN POLICE 0811812012 20:41 , copy .Southold Town Police 0 Report 09MO1216:37 Incident Report Case Number 01-12-007555 1 Case Number Report Occurred OnlFrom Occurred To Report Type N 01-12-007555 09/081201216:37 09/081201216:37 Original C Incident Type Case status Case Status Date Cleared 1 DISTURBANCE-NOISE CLOSED-NO ARREST (ADMI 09/08/2012 U UL Common Name E VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SATURDAY Sedw : 2 802 T Map Reference : CUTCH1 Total Damaged Property Value : $0.00 l.acaU Type : OTHER OUTSIDE LOCATION Total Stolen Property Value : $0.00 Sector :2802 Total Recovered Property : .00 p Person Type Business/Person Name Business Phone E PERSON INTERVIEWED DALE SOTAR 631 7345200 R Home Phone Person Address Map Reference S 631-. 138 BROOK FIELD AVE CENTER MORICHES, NY 11934, SUFFOLK County O 1 Cell Phone Employer Address Map Reference N 518 351-4919 Use Address from Incident Location Information Race sex SSN OL Exp. Date DL Number WHITE Male Birth Date Birth City 08/14/196.9 Age: 43 Adult/Juvenile: ADULT Occupation : Manager Body Marks: Ethnic " in : NON HISPANIC N Topic Original A R Report of loud music coming from the I/L. R Undersigned responded and spoke with Sotar who states he will have the music turned down. Al T V E W~ Reporting Officer Department Report Status: PO RICHARD E JERNICK III (3990) SOUTHOLD TOWN POLICE Approved Officer Name Daterrime Verifying Officer Department Date / Time SGT HENRY F SANTACROCE JR (6982) SOUTHOLD TOWN POLICE 0910812012 21:58 1 of 1 .nd ae..r APL N6 rnaeo mw 340 PINE AVE a then CWV619 and dgrr SECTION B. qi. _ "l e $ COae Owner Oper Lk dos - Mat Oft 10"n to the Court nded w thk tidcel au ~ enw.u NY 11071 Q D Chas Mel, wOh Pak n Reoelpt Rectusaled, RpM«ad' CMt{ed' «Frst Mint ID Number Sex -DO NOT use We form far Mkdameanors or Felordes ar for a ihkd ar subsequent 4MMU F 1868016 ape ft v64thn in an 18 nmft period, holm d you naval appear In the Court noted lJC Bbb Oeb d BYaI Yak Type Vero LYke Color on tlds tiolml in person. NY 112611884 1 2003 LILAC TN PkbNwrbw Rep. MW ReglothOw Expires rc the Cael denies your qea, you VA be noNA by mall to appear in the Court FTH8649 NY 288014 noted w the from of this tickst. THE PERSON DESCRIBED ABOVE IS CHARGED AS FOLLOWS SECTION A - PLEA OF GUILTY TM D.bolattaee IN VIOLATION OF 1X6 PM 8/288012 NYS V AND T LAW To the Court listed w the of w me of tlds Liam: 11WBSubswbn Tr of Mkd MPH MPH.ZOne I' O O O reemkg at Demotion of Vbkwn 74 66 have bean dwgW wah the vbkaorr as specrkd w the olher"of NStidua. I SPEED, OVER 68 ZONE OS DOU °doq ^wOiN area vwNnp gaoled in bold typson8r aawdit arakuds% d 1 Wake wmlg rent h OpenmuMandBra amdon AIMM. 1 Plead OIRLTYto t anhe dlense ss dwe.a ant request gut ass dwge be dkpawd of and a fine « V Bus F4z penally fixed by the tout. 01 O O AddNorialy, I make the following dalemard of mpknabsn (off: Pmoeafo~ Ot4SNU.VANS LN MAY" f4M. No. Lx Cads 48 6268 C1fm flan. 80=4090. TOWN OF-62f9 SUFFOLK 3 Tye 06t+ 168 AFF1RMWUNDMPBNLTVOFP6WRY Dab Amnnd OffAeekn ANSWeerm" are mule under perWpy of perjury: 08888012 HP HP ~jt w Date: Signed: rrxe~r. ,M, Bedp ftidd 88 SECTION B - PLEA OF NOT GUILTY n~ THE PEOPLE OF THE STATE OF NEW YORK VS CHRISTINE PAPOT UTT NUMBER S19100XS0O Officer PETER C ONUFRAK of the SOUTHOLD POLICE DEPARTMENT a Police Officer and the Complainant alleges that the Defendant committed a violation of 1. VTL Section 11005 Description SPEED OVER 56 ZONE 2. Data 00/2612012 Time 1:66 PM C/TN of SOUTHOLD, TOWN OF - 6260 3. Vehicle Year 2003 Make UNC Color TN -TAN License Plate No. FTH6640 State NY 4. General Direction of Travel by Defendant WEST 5. Highway (TypeMlame) 3-COUNTY CR 4MALVAHS LN MAYTT 6. Defendant's Speed: 74 MPH in a 66 MPH Zone 7. Charge based on Offioars DIRECT OBSERVATION 8. Speed Verified By LASER Model PROLASER NI 9. Additional Information THE DEFERD&i 1 FAD i6ii EE6 IriE FW IEV OFEEU LR l Co P y Southold Town Police Report M9120121722 Incident Report Case Number 01-12-008218 1 Case Number Report Occurred On/From Occurred To Report Type N 01-12-008218 09/29/201217:22 09/29/201217:22 Original C Incident Type Case Status Case Status Date Cleared I DISTURBANCE-VEHICLES CLOSED-NO ARREST (ADM] 09/29/2012 D UL Common Name E VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY 11934 (SUFFOLK County) T Day of Week : SATURDAY Sector : 2 802 Map Reference: CUTCHI Total Damaged Property Value : $0.00 Location Type : STREET Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property Value : .00 O State Classification AttempteMommitted F V&T/OTHER OFFENSES COMPLETED F Statute/Ordinance Location Type Disposition Date E VTL1143 010 STREET N Attack Reason : NO BIAS/NOT APPLICABLE S E O State Classification Attampte=ommWed F V&T/OTHER OFFENSES COMPLETED F Statute/Ordinance Location Type Disposition Date E VTL1143 010 STREET N Attack Reason : NO BIAS/NOT APPLICABLE S E N Topic Original A R Anonymous person reported buses and limousines pulling in front of traffic on Route 48 in front of the R above I/L. A Undersigned responded and monitored traffic. T Two summonses issued for violation of VTL section 1143. V E Reporting Officer Department Report Status: c PO DAVID M OKULA (5533) SOUTHOLD TOWN POLICE Approved , Officer Name Date/Time - n Verifying Officer Department Date / Time c SGT HENRY F SANTACROCE JR (6982) SOUTHOLD TOWN POLICE 09130/2012 06:01 c c n COPY • Southold Town Police • Report 09!30/201216:33 Incident Report Case Number 01-12-008255 1 Case Number Report Occurred ONFrom Occurred To Report Type N 01-12-M255 09/30/201216:33 0980!201216:33 Original C Incident Type Case Status Case Status Date Cleared I OFFAGAINST SENSIBILITIES-PUBJ.EWDN CLOSED-NO ARREST (ADMI 1010612012 O UL Common Name E 18218 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SUNDAY Sector : 2 802 T Map Reference: CUTCH1 Total Damaged Property Value : $0.00 Location Type : RESIDENCE-SINGLE FAMILY Total Stolen Property Value : $0.00 Sector: 2 802 Total Recovered Property Value: 0.00 O State Classification Attempted/Committed F OFFAGAINST SENSIBILITIES-PUB.LEWDN COMPLETED F Statute/Ordinance Locetion Type Disposition Date E PL 245.00 BMO N S E P Person Type Business/Person Name Business Phone E PERSON REPORTING JOSEPH ZUHOSKI 631- E Home Phone Person Address Map Reference $ 631) 734-5366 Use Address from Incident Location Information O Cell Phone Employer Address Map Reference N Race Sex SSN DL Exp. Date DL Number WHITE Male Date Birth City951 fO6/25/1 61 Body Marks: /Juvenite : ADULT P Person Type Business/Person Name Business Phone E PERSON INTERVIEWED JUSTIN SINENO 631- E Home Phone Person Address Map Reference $ (518 884-8122 229 N PARK DR MASSAPEQUA, NY 11758, OTHER-NEW YORK STATE County O 2 Cell Phone Employer Address Map Reference N Race Sex SSN DL Exp. Data DL Number WHITE Male Birth Date Birth City 02/10/1982 Age : 30 Body Marks: lAdutt/Juvenile: ADULT C, Reporting Officer Department Report Status: PO LAURA L CONLAN (1384) SOUTHOLD TOWN POLICE Approved Officer Name Dame Verifying Officer Department Date / Time , SGT HENRY F SANTACROCE JR (6982) SOUTHOLD TOWN POLICE 10/0612012 06:18 , • Southold Town Police • Report 09/30/201216:33 Incident Report Case Number 01-12-008255 P Person Type Business/Person Name Business Phone E PERSON INTERVIEWED LAUREN POTTER 631- R home Phone Person Address Map Reference g 516) 2254988 2849 ROYLE ST BELLMORE, NY 11710, OTHER-NEW YORK STATE County O 3 Cell Phone Employer Address Map Reference N Race Sex SSN DL Exp. Date DL Number WHITE Female Birth Date Birth City 11127/1984 Age : 27 Body Marks: AduR/Juvenile : ADULT N Topic Original A R Zuhoski reports two people having intercourse in his yard at the above i/I. Zuhoski wanted them to R leave. Undersigned responded and interviewed Sineno and Potter. Sineno and Potter were asked to A leave and they complied. T V E Reporting Officer Department Report Status: PO LAURA L CONLAN (1384) SOUTHOLD TOWN POLICE Approved Officer Name Date/Time verifying Officer Department Date I Time SGT HENRY F SANTACROCE JR (6982) SOUTHOLD TOWN POLICE 10/06/2012 06:18 CO PY • Southold Town Police • Report 10/061201223:45 1 Incident Report Case Number 01-12-008457 1 Case Number Report Occurred ONFrom Occurred To Report Type N 01-12.008457 10/06/2012 23745 10/06/2012 23:45 Original C Incident Type Case Status Case Status Date Cleared 1 POLICE INVESTIGATION CLOSED-NO ARREST (ADM] 10/07/2012 D UL Common Name N VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) Day of Week : SATURDAY Sector : 2 802 T Map Reference: CUTCHI Total Damaged Property Value : $0.00 Location Type : AGRICULTURAL FACILITY Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property Value : .00 N Topic Original A R Anonymous complainant reports a spot light was left on at the above I/L and its shining in there R residence. A 1 The undersigned and dispatch attempted to contact a rep for the I/L but were unsuccessful in doing so. T V E Reporting Officer Department Report Status: PO TIMOTHY J MCGOWAN (5250) SOUTHOLD TOWN POLICE Approved !Nicer Name Datemme r Verifying Officer Department Data I Time < SGT HENRY F SANTACROCE JR (6982) SOUTHOLD TOWN POLICE 10/07/2012 07:31 c c c Come Southold Town Police • Report 10/06/20121443 Incident Report Case Number 01-12-008419 1 Case Number - Report Occurred On/From Occurred To Report Type N 01-12-008419 10/06!201214:43 10/06/201214:43 Original C Incident Type Case Status Case Status Date Cleared I TOWN CODE VIOL.-OTHER TICKET/SUMMONS ISSUED 10/06/2012 D I/L Common Name E VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SATURDAY Sector : 2 802 T Map Reference: CUTCHI Total Damaged Property Value : $0.00 Location Type : AGRICULTURAL FACILITY Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property : .00 O State Classification - Attempted/Committed F TOWN CODE VIOL.-OTHER COMPLETED F Statute/Ordinance Location Type Disposition Date E STC 205-1a AGRICULTURAL FACILITY N Federal Classification (Larceny Only) : Not Applicable Attack Reason : NO BIAS/NOT APPLICABLE S E P Person Type Business/Person Name Business Phone E PERSON INTERVIEWED MATTHEW MCBRIDE 631- R Home Phone Person Address Map Reference S 631- Use Address from Incident Location Information O Cell Phone Employer Address Map Reference N (516)659-5900 Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 05/29/1969 Age : 43 Body Marks: Adull/Juvenile : ADULT P Person Type Business/Person Name Business Phone E COMPLAINANT CO WILLIAM SHIPMAN 631- R Home Phone Person Address Map Reference S 631) 298-6208 75 HORSESHOE DR Cutchogue, NY 11935, SUFFOLK County p 2 Cell Phone Employer Address Map Reference N Race Sex SSN DL Exp. Date OL Number WHITE Male Birth Date Birth City 04/2811972 Age : 40 Body Marks: AdulVJuvemle : ADULT c Reporting Officer Department Report Static: _ PO TIMOTHY J MCGOWAN (5250) SOUTHOLD TOWN POLICE Approved , Officer Name DatefTime - n Verifying Officer. Department Date I Time c SGT HENRY F SANTACROCE JR (6982) SOUTHOLD TOWN POLICE 10107/2012 07:32 c a s *Southold Town Police 10 Report 10/061201214:43 Incident Report Case Number 01-12-006419 N Topic Original A R The complainant reports a large crowd and illegal parking at the above I/L. R The undersigned responded and found that the parking wasn't an issue but a large crowd was there. A The undersigned spoke to the owner of the I/L, Mr. McBride who stated that therer were approximatily T 398 people in his establishment. I The undersigned did issue a summons for over occupancy. E Summons # A2910. Reporting Officer Department Report Status: PO TIMOTHY J MCGOWAN (5250) SOUTHOLD TOWN POLICE Approved Officer Name Datef ime Verifying Officer Department Date / Time SGT HENRY F SANTACROCE JR (6982) SOUTHOL.D TOWN POLICE 1010712012 07:32 Co Dv *Southold Town Police • Report 10/07201217:02 f 1 Incident Report Case Number 01-12-008483 1 Case Number Report Occurred On/From Occurred To Report Type N 01-12-008493 10/07201217:02 10/07201217:02 Original C Incident Type Case Status Case Status Date Cleared DISTURBANCE-VEHICLES CLOSED-NO ARREST (ADMI 10/072012 UL Common Name E 19547 ROUTE 48 DEPOT CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SUNDAY Alcohol Related : NO T Map Reference: CLITCH1 Drug Related : NO Location Type : STREET Total Damaged Property Value : $0.00 Sector: 2 802 Total Stolen Property Value : $0.00 Alcohol Related : NO Total Recovered Property : $0.00 N Topic Original A R Anon. report of private vehicles and limousines making U-tums at the above location creating a traffic R hazard. Undersigned officer checked the area, but all was clear at this time. Undersigned officer would A remain in the area and monitor the traffic. T V E < Reporting Officer Department Report Status: _ PO FRANCIS J. ROGERS (6640) SOUTHOLD TOWN POLICE Approved Officer Name Date/Time n Ve Ring Officer Department Date / Time < SGT THOMAS F HUDOCK (3818) SOUTHOLD TOWN POLICE 10/072012 22:36 < c c U COPY *Southold Town Police ~ Report 10/07/201216:28 Incident Report Case Number 01-12-008481 I Case Number Report Occurred OrdFrom Occurred To Report Type N 01-12-008481 10/07/201216:28 10/07201216:28 Original C Incident Type Case Status Case Status Date Cleared POLICE INFORMATION CLOSED-NO ARREST (ADMI 10/072012 D UL Common Name E 5755 DEPOT LN CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SUNDAY Sector : 2 802 T Map Reference: CUTCH3 Total Damaged Property Value : $0.00 Location Type : RESIDENCE-SINGLE FAMILY Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property Value : 0.00 P Person Type Business/Person Name Business Phone E COMPLAINANT CO JOSEPH BURKE 631- R Home Phone Person Address Map Reference s (631 734-0336 Use Address from Incident Location Information p Cell Phone Employer Address Map Reference N Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 06/07/1954 Age : 68 Body Marks: AduB/Juvenile : ADULT P Person Type Business/Person Name Business Phone E EMPLOYER(EM) HOWARD PRINS 631- R Home Phone Person Address Map Reference g 631- 99 GRAND AVE ROCKVILLE CENTER, NY 11570, OTHER-NEW YORK STATE O 2 Cell Phone Employer Address Map Reference N (516) 250-1072 Race Sex SSN OL Exp. Date DL Number WHITE Mate Birth Date Birth City 12/01/1970 Age : 41 Body Marks: Adutt/Juvenile :ADULT N Topic Original A R Burke reported that subjects are coming onto their property from Vineyard 48 and urinating R A Prins (Manager)stated that he Will check that area continuously. T V E nW~ ~!l 0 Reporting Officer Department Report Status: PO FRANK 111 LYBURD (4819) SOUTHOLD TOWN POLICE Approved , Officer Name DateMme N Verifying Officer Department Date / Time o SGT SCOTT LATHAM (4749) SOUTHOLD TOWN POLICE 10/102012 05:54 0 m A m COPY 44ational Standard Incident. Report 10/131201215:21 COPY Incident Report Case# 01-12-008645 I Case # Report Occurred OnlFrom Occurred To Report Type N 01-12-008645 10/131201215:21 10/13201215:21 Original C Dept Classification Case Status Case Status Date Cleared 1 TOWN CODE VIOL.-OTHER TICKET/SUMMONS ISSUED 10/132012 D Common Name E VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SATURDAY Sector : 2 802 T Map Reference: CUTCHI Total Damaged Property Value : $0.00 Location Type : AGRICULTURAL FACILITY Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property Value : .00 0 State Classification Attampted/Committed F TOWN CODE VIOL.OTHER COMPLETED F Statute/Ordinance Location Type Disposition Date E Stc 205.1(a) AGRICULTURAL FACILITY N Federal Classification (Larceny Only) : Not Applicable Attack Reason : NO BIASINOT APPLICABLE S E End of Offense: 1 P Person Type Busines Person Name Business Phone E PERSON INTERVIEWED MATTHEW MCBRIDE 631- R Home Phone Person ress S A 631- Use Address from Incident Location Information O 1 Other Phone Employer Address N (516) 659-5900 Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 0529/1969 Age : 43 Body Marks: Adult/Juvenile : ADULT End of Person: 1 p Person Type Business/Person Name Business Phone E COMPLAINANT CO WILLIAM SHIPMAN 631- R Home Phone Person Address $ 631) 734-6208 75 HORSESHOE DR Cutcho ue, NY 11935 SUFFOLK County O 2 Other Phone Employer Address N Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 042811972 Age : 40 Body Marks. Adult/Juvenile : ADULT End of Person: 2 / Reporting Officer Department Report Status: PO TIMOTHY J MCGOWAN (5250) SOUTHOLD TOWN POLICE Approved Supervising Officer Oate/Time Verifying Officer Department Date / Time SGT THEODORE 0 BEEBE, JR. (5140) SOUTHOLD TOWN POLICE 10/142012 12:29 Okational Standard Incident* Report 101IN201215:21 Incident Report Case# 01-12-008645 N Topic Original A R The complainant reports that the above I/L is overcrowded. R The undersigned responded and spoke to McBride. A McBride stated he had over 619 people at the above I/L. T McBride issued a summons for not having a special permit, ticket # A 2911. V E End of Narrative: 1 ~U Reporting Officer Department Report Status: PO TIMOTHY J MCGOWAN (5250) SOUTHOLD TOWN POLICE Approved Supervising Officer DateMme Verifying Officer Department Date I Time SGT THEODORE 0 BEEBE, JR. (5140) SOUTHOLD TOWN POLICE 10/14/2012 12:29 Yry` ° ~I ~ ~lE~il~U ThetmPfed1he:StSteefNbW-Y.>pkwl,~, 7tfE'~Peoplebfihe:St5tehfN' YuFifvs`k• LAST NAME(OEFENQA FlP TN, E' IQDLF>1NIT u LAST NAMEyWWEN NR) MIDQLEMMIAt APF. NO STPEEytADOPE85 •AM NO. STPEEIMA~DyDfl~ESy,R?J 3 /~/y ,~r) (f ~1~•~A-~S'y"Ef~t wCl '~^1F t!~ 2CS'-(•T4i: l..[>YJVJ-a.~ '4: ,•'f ni CITY ( TAFF2- t 31P" DIN ) J UlE 21P F Ytl~"4 .iE1GEN9A::ORAEGfBxR{lNERj I TI IF PEA SLATE TYPE OF LICENSE DkiE EXPIRES 9EX OATE.OF,BIATH OPERATOT{ L STATE TVPEOFUGENSE DATEE(RAES OTE, FBIRTH -OPERATOR M Y - E;' w fCL6 THEOPERATDRERAEGLStEREO OWNER OF HICLE DE5DRIBED BELO THE OPERATOR OR REGISTERED OWN OFVENIOLE OE9DRIBEb BElOWi PLATE NO PLATE NO. DAT6 EAP1Rfi5 GATE E%PIi1E5 STATE PWET E STATE .W P(U1TE T°PE ?NY ?NJ ?NY ?NJI _?PASS ?CCMM ? ?NY aNd uMy, ?NA tL.. 01FASS ?CoMM ? VEHfCLEMAKE ? DODO VEMCLEMAKE, ? O=;6 ? BUCK ? CNEV Gp01UiAC 11 PON11~G"'~`' ? BOIGK' ? GHEY ';r' 401J C. ? PGMDAC :1 FOOD ? 0 ? PLYM ? FORD ? OLDS PLYM ? TDVDxA ? YOLKS ? TDYQfA ? vo ` ? tt BODY ? 2M ? trD~i ? BUS ? MCY ? S.W b BBQ~ 12 YDR ? AOp, 13 BOB El MCY ED S.W. TYPE ? TRUCK Q VANY ? I TRUCK TRAILER VAN ?-Zw VIN NUMEER,. TN.NVMeER I I -THE PEPAON bE9CRIYSCHARGED~AS FOLLOW6 ! TXE4ERSCN?EBCPIBED ABDVEfB'LAIAADED'ASFDLt6WS' -+a PIACEOFOCCDRRENCE '.POF ~GE OF OCCURS EN;.E ya k } q t POT c4lf 7 e ~0OOI.IIIA4 1T i4 y j1..f"' DATEC OFFE19 AM TIME PM CTY TO .'LSOEOFHAtMLET SUFF=CtIUN ,Ny 'DA1L~E., ofF~EjfFN1BE AM TIME PM QTYMUAGE, OR MM SUFFDLKCOUMYNY ? f V i*S' a7. ? .}k~.a se wiglf- ? +.CSCA .fY L ! IN VIOIATIONO SECTION SUBO OF THE?VEHICLE NDTAAFFICIAWOFTHESFATEOF NEW YORK n IN SECTION SUBD OF THE O VEHIG,E AND TRAFFIC U OF THE STATE OF NEW YORK ?ot9lEifj3'dEa!. O'D S. ? coM ? BOS ,O,.HAZ ~HERtsPEGIY STC. ap5-vcq os.?caM:?EU ?IRz oEF '~.,.,,r xrAT: i DEF. 5Ek ,Mar ? SPEEDINQ THEA OFFENSE ~I. I ? SP EDTNO QDl AOPFENSE , c.,. MFH MA. MPWtTG1NE°: - MISDEMEANOR II 'Ypft,KA MPN:RbNE, M199EMEA3u6R L1" FAatUKbPAAT T , ,FACCVALPART~OLC'OR NB) - ~ THE 'M~°~FSyR'y1YB1 THE Ary1VE' MED0EF bMMD10. YRESTATEDDA*'tf ANOPWCE C M8kTV5WAMEFI6EFENDANT,DID OWTHE S`M ATF_t *A PPLNOE et a r d E 3 e 0A, Ut~, 4,t-v, f 421C akw. 1 I ~yCama !ASx eewoAfM++en k/q~/W 'f'nnnrl~NKPnanSCelteR~urtwueP.ealnOrna stteeneae /e MonYelol ,47 T1M FOro Oln a ~ , 6 9 Neaan iroroirla ) INpAAelk9 mr.muG:wIn011eaMh.e.- 7/77 Lle ;F PARKING SCHEDUMDflNE =CONTACxCOWRT?' PARKING SCHEDULED FINE S C~NTACT COURT 13 b1iEP8A80NDESCryN1EDAB09E ISSUMMONED 'TO'APPEAA?.T TtgpPERSONPE$CRIBEL1ABOVE 1S3UMMtlNEDTp APPEAR AT _ 9DOTNbLG~0At;WeBSAoUFEESr 9Odwotb NW119TT '$DIIiHDLD'FZ•fWH:lUST16E.CU/P7113$0911DUFE'36~ SOU4HOlb, NY11G]l CkT 9F/P~ ~ IAFFp HI? T5AFAPP P/NCEMOTfORNNAT MNPAh AT -AWPM FAL4E9TATEMEMS.H AAETNN9Yy1BGEA4XCCA34A MISOFFEAN09'PURSUAMTQSECiIUNYM RS`bFTNEPLgY6 I FA0SVATElAENT8NEF A ABIFA4AGUY3A MHIDEMFAM1ORP4614UAN 10SEC110N$tOOBDF THEPL N:YS. , COMPIAMANT DATE. A' GOMPIAMAM DATE BA MDOE ifL/ COPY 44ational Standard Incident* Report 10/13/201219:46 Incident Report Case# 01-12-008553 1 Case # Report Occurred On/From Occurred To Report Type N 01-12-008653 10/1320121948 10/13201219:48 Original C Dept Classification Case Status Case Status Date Cleared 1 POLICE INFORMATION CLOSED-NO ARREST (ADMI 10/132012 D Common Name E VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SATURDAY Sector : 2 802 T Map Reference: CUTCHI Total Damaged Property Value : $0.00 Location Type : OTHER PUBLIC ACCESS BUILDING Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property Value: 0.00 P Person Type Business/Person Name Business Phone E PERSON INTERVIEWED KIM WEST 631- R Home hone Person Address S A (631) 734-8158 19155 ROUTE 48 Cutch ue, NY 11935,SUFFOLK County O 1 Other Phone Employer Address N Race Sex SSN DL Exp. Date DL Number WHITE Female Birth Data Birth City 08/09/1969 rAge : 43 Body Marks: AduM/Juvenile :ADULT End of Person: 1 N Topic Original A R West reports to HQ, light from I/L was shinning into her bedroom at 19155 Route 48. R A P.O. responded to I/L, I/L was closed. T V P.O. informed West of same. 1 E West stated light from I/L shut off. Endo Narrative: 1 c Reporting Officer Department Report Status: PO SEAN M GILLAN (2687) SOUTHOLD TOWN POLICE Approved , Supervising Officer Date/Time n Verifying Officer Department Date / Time c SGT HENRY F SANTACROCE JR (6982) SOUTHOLD TOWN POLICE 101142012 20:19 c a 0 a co PY Rational Standard Incident* / Report 10113/201215:06 Incident Report casea 01-12-008644 1 Case a Report Occurred OnlFrom Occurred To Report Type N 01-12-008644 10/13/201215:06 10/131201215:06 Original C Dept Classification Case Status Case Status Date Cleared DISTURBANCE-PERSONS CLOSED-NO ARREST (ADMI 10113/2012 D Common Name E 75 Horseshoe DR Cutchogue, NY 11935 (SUFFOLK County) N Day of Week : SATURDAY Drug Related : UNKNOWN (X) T Location Type : RESIDENCE-SINGLE FAMILY Total Damaged Property Value : $0.00 Sector: 2 802 Total Stolen Property Value : $0.00 Alcohol Related : YES Total Recovered Property Value : 0.00 p Person Type BusinesslPerson Name Business Phone E PERSON REPORTING Beth Sh' an 631- R Home Phone Person Addnrss S (631 806-7392 Use Address from Incident Location Information O Other Phone Employer Address N Race Sex SSN DL Exp. Date DL Number WHITE Female Birth Date Birth City 04/19/1966 Age : 46 Body Marks: Adult/Juvenile : ADULT End of Person: 1 P Person Type BuslnesslPerson Name Business Phone E PERSON INTERVIEWED Josh Fole 631- R Home Phone Person Address S n 631 807-4492 743 W Penn ST Lon Beach NY 11561 SUFFOLK County O 2 Other Phone Employer Address N Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 11/11/1981 Age: 30 Body Marks: Adult/Juvenile : ADULT End of Person: 2 N Topic Original A R Shipman reported an unknown subject urinating on her property in the tree line at i/I. R Shipman advised that the subject did so in view of her young daughter. A Shipman stated that the subject was wearing a yellow shirt and a blue baseball cap. T The undersigned responded and located a subject matching the description given. 1 Foley was standing on Vineyard 48 property with a large group of subjects. E Foley was advised to stay on Vineyard 48 and use the bathrooms located on the ro ert Y Y property P P Y. End of Narrative: 1 c Reporting Officer Department Report Status: PO PETER C ONUFRAK (5545) SOUTHOLD TOWN POLICE Approved , Supervising Officer Datemme w Verifying Officer Department Date / Time c SGT RICHARD A PERKINS (5594) SOUTHOLD TOWN POLICE 10/24/2012 19:54 c a a F COP%P National Standard Incident* Report 10/14/201215:04 Incident Report Case# 0142-008674 1 Case a Report Occurred ONFrom Occurred To Report Type N 01-12-008674 10/14/201215:04 10/14/201215:04 Original C Dept Classification Case Status Case Status Date Cleared 1 TOWN CODE VIOL.-OTHER TICKET/SUMMONS ISSUED 10/142012 O Common Name E VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SUNDAY Sedor : 2 802 T Map Reference: CUTCHI Total Damaged Property Value : $0.00 Location Type : AGRICULTURAL FACILITY Total Stolen Property Value : $0.00 Sedor : 2 802 Total Recovered Property Value : 0.00 O State Classification Atfempt"Committed F TOWN CODE VIOL.-OTHER COMPLETED F Statute/Ordinance Location Type Disposition Date E Sic 180.5 AGRICULTURAL FACILITY N Federal Classification (Larceny Only) : Not Applicable Attack Reason : NO BIAS/NOT APPLICABLE S E End of Offense: 1 P Person Type Business/Person Name Business Phone E SUSPECT MATTHEW MCBRIDE 631 734-6763 R Home Phone rson Address S 631- Use Address from Incident Location Information O Other Phone Employer Address N Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 0529/1969 Age : 43 Body Marks: Adult/Juvenile : ADULT t End of Person: ~ 7-77 1 P Person Type Business/Person Name Business Phone S E COMPLAINANT CO JAMIE JOHNSON 631- R Home hone Person Address S 631- 225 HORSESHOE DR Cutcho ue, NY 11935,SUFFOLK County O Other Phone Employer Address N 631) 208-4015 Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Data Birth City 08/15!1973 Age : 39 Body Marks: Adull/Juvenile : ADULT End of Person: 2 77-7 Reporting Officer Department Report Status: PO TIMOTHY J MCGOWAN (5250) SOUTHOLD TOWN POLICE Approved Supervising Officer Date/T'rme Verifying Officer Department Date I Time SGT SCOTT LATHAM (4749) SOUTHOLD TOWN POLICE 10115/201207:59 *National Standard Incident Report 10/14/201215:04 Incident Report case# 01-12-008674 N Topic Original A R The complainant reports loud amplified music coming from the above I/L. R The undersigned responded and was able to hear the music from the roadway. A Mr. McBride was issued a summons # A2912 and asked to lower the music. T V E End of Narrative: 1 Reporting Officer Department Report Status: PO TIMOTHY J MCGOWAN (5250) SOUTHOLD TOWN POLICE Approved Supervising Officer Daternme Verifying Officer Department Date 1 Time SGT SCOTT LATHAM (4749) SOUTHOLD TOWN POLICE 10/1512012 07:59 ra.fAN sN Nyx?x p ,>x:~x~~4 pte~bfthe~fentN~vl:.YLt7t,~ec ~..,3~ ~ x,_ "'R~,I,.'R~apleuflh~St2(f9 '°"'fnfl. LnflT NAM&IDEF 4s -k €1~ MF ;>.$iryi tVllrY{l.'A.: ~I~ 11• a ( )•JS^ - ~ b t I ETREEF'A ttr u. /y APF'NB VCPFrWtlOt t.~^ I 1f COY T: ST ME ZIP I A. I r a --0.~'REQISTNATIt]RIiWMBER I .P,y(, 6BN$E'LB,pE§ISYAkiiE714i1U1A„ STATE 'fYPEOF UCEIJ$ DATEEJ(PIPET, SEX DATEDFBIRSN"' pPERAYAR. STATE ,TYPE DENCIa^NSE' bATEP ~RES+ ~DATE.pF61RT11 * OPENA¢OR„ t .MD 1 , tR PERASOEc"UIrflEOISTEREb 9,WNEROFVfiRICC'DESOAIBEd BECQW - - ygd~ ffN6~ •?HE 2PERATCROKREGIS7ERE6 B4GNER$F NBAf R EEL. yn ALATENO DATE E%PNiES- p(ATE,Ntl - DATE 1J9RE5 STATE - e PLATEYVPF,,' 3F¢jCL P,ItATE tYAE - y S AIM QNY J:_1JN'4,_ IIPASS'~a 66 GC• _1 - QNY C}NJ~.. FPASB LYOdMKi+ Q VEHIC4EMA1~~ ? 16D0G'E,` I 4EiE0MArcE .Sl _ cv _ ?OG7FSOE- Bum 11, NVIEV ? DA0141.40 ? .•PONAAO i _ ? fOPO ? ? PLYM II Q FORbK Q 9L05 ~Il TMIFLAC ? TDVOTA' ? FRYfb ? $ TOYOTA ? BODY - ? YJ 4DP ? BUS ? MCY ? SW $OOY~ 2OR Zell Y.. BUS ? MCY ? TYPE iRUCN © TMLEft ? VAN ? 1 }SPE , ? TRUCK Q VAN ?VIN NUMBER, f~ y ! //AR~~~~ -u- f l9NNUMBEq THEPERBON bESCgiBEDABOVE Opt OlLOW3' f - -TNEFE ONDftS EBCRIBEDABOVBIS CHARGED AS'FOLLOWS PLACE Of 8 CE PCT ' PCT' I~ PLACEOPOCCU HENCE -C : yes G~, ~r GVfl DATE OF ENSE. AM- T NE M CIIYTO Nte EOB H4MLET SVFFOUC6pYNTYfN 1 pf}~~ + e Dp~ OF ENSE p~Nm~w AM TIME PM CHYT E„Op HAMLET SWFFDLf,(DpUNN N{ ~Q /T )4I ai~~ Crr"fC~dfrin.P II ? ,`~><J J~{SRLr.t INVIOLATION-0FSECTION SURD OFTRE?VEMCLE AND TTT(((lAFOAWOFTHE$TAYEOFNEWYDRK tN OLA NtlFSEGTI p. 'OF THE?VEHICCEAND CLAWOFTHE STATE OFNEWYORK [TfOiMEA (S YY t ~ ?OS ?EOM 07 Sj_,IIHAT [ CrIYER(SPEd" ?DS ?COM ?Bu5 '?RA DEF . ~.MAATx I DEP VEH , MATSPEFDINO OTREROEFEM~¢r / SPEEDING OTHEflOFFENSE czde =MPA INMC c e., MPN?ONE s !I' ,Lr3_ MlSi?MME)Rpp II% ` 13 Q MiY+1MA x. My4ZpNE MODEM EANOR ? FECTVALPAAkINOYFOR.TVgJ ° ~FAmHMPMYT$3pT VGBTV31, -i-\ EABOV ;pF - d =rltE'BtATEp GATE YLMgn~ PUCE'~64 ~r7c THEpBOVBNAMPDD't'PENDANtOIOONiRE 3tATED.OATE,.TIMEANO CE e ~y~ ~i43(Ir ~ ~t4$~tg~ S ~f~"~C ~I ~G Y,s? ~F LiY-r ~C ~r t eeM -u nee FO~~° ( - A~ yy(1, RIM IBn ANlre9 9rowwe. wlnom..Iml~au ma'.}na+leamg/Al ' TN, A "d "vzr -IZ 01°oare iveNlxm xeShemPor GCIN9.IMSOUmeusMS+nrma~,.a ,ae ulerc(sIw r"_"~ !x dame /rCJ PARKING SCHEDULED F)NtS TH SON 119WRISMABDVEIS SUMMONED'TO gPPEARAt - ERSONVIABIS SODIkli=av NJUBTiCEOOURT, SMS AODTERSI SOWTHCLO, NY 11971 SOWTNOIA T11Z TcA TOWWN DESCRIBEDA eUMMONBDTAAP}EAIVRT aU311CECOURT, "ab 639SSROUiE7B; SOVTHOLO, NY 119)1 1 F P Sp91N0i FO 1 ~ ~ W OFMp@I HCEINOifORR'H ON AT ON ` f AT A". FAISEStpTEMENT3pEAEINPAEPLM$IN$LEASA EUSBp:MI30EMEARtRFUgSUANYYOBEOAW(${IXiS.'OFI}16'TLN.YBr { FAI;SEgTATEMENtSH6PEIN PW HABLEA8AdX99kM19DEMdNA` PURSWAM TOSE6i1ONR104EOFTH6PLNY5. COMPLAINANT ' Ok'YE ' COMPLAINANT DATE ~f I wZJ. BADGE& BAD# R , COPY .National Standard Incident. Report 10/14/201216:05 Incident Report 7~9 case# 01-12-008680 1 Case # Report Occurred On/From Occurred ToReport Type N 01-12-008680 10/14201216:05 10/141201216:05 Original C Dept Classification Case Status Case Status Date Cleared I DISTURBANCE-NOISE CLOSED-NO ARREST (ADMI 10/142012 D Common Name E 75 HORSESHOE DR CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SUNDAY Sector : 2 802 T Map Reference: CUTCHI Total Damaged Property Value : $0.00 Location Type : RESIDENCE-SINGLE FAMILY Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property : 0.00 p Person Type BusinesslPerson Name Bus ness Phone E PERSON REPORTING MARY SHIPMAN 631- R Horne one Person Address s 631 734-0208 Use Address from Incident Location Information O Other Phone Employer Address N Race Sex SSN DL Exp. Date DL Number WHITE Female Birth Date Birth City 04/14/1966 Age : 46 Body Marks: Adult/Juvenile : ADULT End of Person: 1 P Person Type Business/Person Name Business Phone E PERSON INTERVIEWED RITA FIGURNLAK 63I R ome Phone Person dress $ 631 7316976 230 HORSESHOE LN Cutch ue, NY 11935,SUFFOLK county O Other Phone Employer Address N Race Sex SSN DL Exp. Date DL Number WHITE Female Birth Date Birth City 06/18/1960 Age : 52 Body Marks: AduR/Juvenile : ADULT End of Person: P Person Type Business/Person Name us ness Phone E PERSON INTERVIEWED MATTHEW MCBRIDE 631- R ome I-none Person Address s 631 734-6763 18910 ROUTE 46 Cutch ue, NY 11935 SUFFOLK County O Other Phone Employer Address N Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 0529/1969 Age : 43 Body Marks: Adulf/J rwenile : ADULT End of Person: 3 C Reporting Officer Department Report Status: _ PO SEAN M GILLAN (2687) SOUTHOLD TOWN POLICE Approved , Supervising Officer Daternme - n Verifying Officer Department Date / Time c SGT HENRY F SANTACROCE JR (6982) SOUTHOLD TOWN POLICE 10/142012 17:59 c 0 a a National Standard Incident. Report 10/14/201216:05 Incident Report Case# 01-12-008880 N Topic Original A R Shipman reports to HQ, loud music coming from Vineyard 48. R A Responded to I/L, P.O. spoke to Shipman who stated early the Vineyard 48 was playing loud music. T P.O. also spoke to Figumiak who stated Vineyard 48 lowered music before arrival of Police. I E P.O. responded to Vineyard 48, P.O. spoke to McBride who is owner of I/L. V P.O. checked capacity of Vineyard 48 under 125 atrons. Endo Narrative: 1 c Reporting Officer Department Report Status: PO SEAN M GILLAN (2687) SOUTHOLD TOWN POLICE Approved , Supervising Officer Dateliime rr Verifying Officer Department Date / Time c SGT HENRY F SANTACROCE JR (6982) SOUTHOLD TOWN POLICE 10/14/2012 17:59 c a a a COPY National Standard IncidenO Report 1611201218:07 Incident Report case# 01-12-008888 1 Case A Report Occurred On/From Occurred To W Report Type N 01-12-068868 101211201218:07 10/21/201217:33 Original C Dept. Classification Case Status Case Status Date Cleared I TOWN CODE VIOL.-RUNNING AT LARGE CLOSED-NO ARREST (ADMI 10/212012 D Common Name E 18450 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) T Day of Week : SUNDAY Sector : 2 802 Map Reference: CUTCHI Total Damaged Property Value : $0.00 Location Type : YARD Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Property Value : .00 O State Classification Attempted/Committed F TOWN CODE VIOL.-RUNNING AT LARGE COMPLETED F Statute/Ordinance Location Type Disposition Date E STC 83-6A YARD N Federal Classification (Larceny Only) : Not Applicable Attack Reason : NO BIAS/NOT APPLICABLE S E End of Offense: 1 P Perron Type Bust on me Business Phone E COMPLAINANT CO Laurie Helinski 631- R ome Phone Person Address S 631 734-6134 Use Address from Incident Location Information O Other Phone Employer Address N Race Sex SSN DL Exp. Date DL Number WHITE Female Birth =air", City 0720/1965 Age : 47 Body Marks: Adult/Juvenile : ADULT End of Person: 1 N Topic Original A R The complainant reports that a female patron from Vineyard 48 had her dog off leash behind her yard R and the dog came onto her property and attacked her cat. A The complainant states that she confronted the owner of the dog advising her of the town leash law. T The complainant also states that the dog owner yelled profanities at her. V The undersigned was unable to locate the dog owner. 1 E End of Narrative: I Reporting Officer Department Report Status: PO TIMOTHY J MCGOWAN (5250) SOUTHOLD TOWN POLICE Approved Supervising Officer Daternme r Vertrying Officer Department Data / Time , SGT THOMAS F HUDOCK (3818) SOUTHOLD TOWN POLICE 10212012 23:23 *National Standard Incident* Report ?120931522 Incident Report ^I^~ Css'# O,i43-M792 I Case # Report Occurred On From Occurred To Report Type N 01-13400792 02WJ=31522 02M)4120131*41 C Dept CIomsiRadon Case stall"; Case SLOW Date Cleared 1 PUB.ORDER-HARASSMENT ADULT ARREST 16 & OVER 02M)2RO13 D Common Name E VINEYARD 48 - 18870 ROUTE 48 CUTCHOGUE, NY 119116 SUFFOLK County) N Day or Week : SATURDAY Alcohol Related : YES T Map Rehaanoe : CUTCH7 Told Damaged Property Value : $0.00 Loaeon Type : OTHER COMMERCIAL SERVICE Told Stolen Prop" Value : $O.00 Total Sector 7 2 802 .00 P P BU .ORDER-HARASSMENT COMPLETED F StanrtdOrdbance Location Type DFspos llm Date E 1 PL 240.26 OV2 OTHER COMMERCIAL SERVICE 02MM3 N Federal CMwffiatlm (Lareary Only) : Not Applicable Federal Disposition : CLEARED BY ARREST - ADULT S Atlack Reason: NO SIASINOT APPLICABLE CC # for CHARGE : 01-13-000792 E Evidence Collected : YES # of People Arrested : 1 Rb"AAMArrest: ELD Pad of Offimse. 1 P Person Type zuikveswpe~- Name ougulass P& E SUSPECT M Sdmdrner 631- R S 1 730-4796 728 Silver ST North Babylon NY 11703 SUFFOLK County 0 1 Other Phone E mptoya Address N Race Sex SSN OL Exp. Date DL Number WHITE Mde 083.76-3255 04x032014 626809630 Bitiu Date Birth CRY 0401fl9so Syosset, NY UNITED STATES Age: 23 Fat: None Ocapahm Chrysler Undawrker Stmt : Gray TShit DL Slate : NY Pares : Jean DL Country: UNITED STATES Shoes : Sneakers El. Origin : NON HISPANIC Heir Color : BROWN Min. Height : SOT Hair Length : SHAVED Min. Weight :195 bs Her Style : SHAVED AdrM/Juva* : ADULT Facial Hair: NONE Anent Type : Complaint (COMP) Teeth : NO DISCERNABLE FEATURES Miranda: NO Eye Color: BROWN Mast Number (YY - #M: 1333 tAld : MEDIUM Artest Tine - 24 hour-: ISM Ca nplddon : LIGHT Victim Type: INDIVIDUAL Hand Use: R YES GFiT HANDED Will Fie Charges : YES Can Wady Olfaaer: YES Condlion (d arrest) : APPEARS IMPAIRED-ALCOHOL Sobhty of Victim : HAD BEEN DRINKING Religion : PROTESTANT Inpay Type 7 : APPARENT MINOR INJURY Merl Sh" : SINGLE Medical Tredrrard : Hot Treated Speech : NORMAWNDISTINGUISHED Ralea, a'* - What Is VICTIM to this OFFENDER : Yeas School: 13 EX-BOYFRIENDfG RLFR1END Residency Type : RESIDENT FBI Number: 48513ROB CHaoraNp : UNITED STATES State Number (SID0):025817542 Body Marks: Cad : Notre Fad Person: 1 Reporting Ollca r Depanm sad Report Status: PO CHRISTOPHER SALMON (8828) SOUTHOLD TOWN POLICE Approved supervising Oltica Dateline Valfyi g OM= Deprbnew Date I Time SGT WILLIAM E HEIJNSIO (3445) SOUTHOLD TOWN POLICE 02CM131T.39 National Standard Incident* Report 0ZWM131&M Incident Report C*w# 0143-000792 P Person Type Su$ImM$1Per9on Nam Business Phone E COMPWNANT CO KrhUnM crapo R $ 1321-0618 150 4 TH ST West Botrylon NY 11704 ,SUFFOLK County O Z onwrwrome EnplayerAddress pi 631 8758448 Race sex UN DL Exp. Date DL Number WHITE Female aktir DMe Birth City OtA01A967 Age : 25 Body Meio;: AchdtfAwnlo: ADULT Bad of PPerson; 2 P Person Type 1kikleaRpRom- Nome Phone E PERSON INTERVIEWED Soon ~1- R g 1 741-9558 20 Westchester AVE North Babylon NY 11704 SUFFOLK County O 3 (tier Pbee 6apbyer Address N ltaos Sex SSN l1L tap. Date OL Number WHITE Mde elltll Date Bkm City Age : 24 Body Marlos: End Of Prim: 3 P Category Property Type Make Model R EVIDENCE DRUGS-OTHER O send IF Color Description Condition P WHITE WhlhCopsulew?brownPowder E OvsntitoWeiiiM:1 Amount: $.W R Rae. Ofter: SALMON, CHRISTOPHER T Y End of-Property : 1 N TOPIC orww R Crapo states that the above subjects were in a limousine at Vineyard 48, the above location. R While in the limousine, Schaeffner stepped on Crapds foot and she asked him for an apology. A At that point Schaeffner became angry and he hit Crapo in the jaw with a hard cast that is on his arm, T and then pushed her to the floor of the limousine. I Scott then went over to stop the situation and Schaeffner then punched Stott in the face. E The fight was then broken up and the poke were called. E Undersigned officer responded and spoke with above subjects. When Schaeffner stood up to walk to the car the undersigned officer saw him throw a white pill onto the ground. Undersigned retrieved pill and secured it as evidence. Crapo then filed a civilian arrest form and arrested Schaeffner. Scott stated that he did not want to file charges at this time. RePordrg Omeer Deparbrem Report Bid= PO CHRISTOPHER SALMON (8826) SOUTHOLD TOWN POLICE Approved supervising omcer Daterri e vermov omoer Dqurbne t Date / rare SGT WILLIAM E HEJNSKI (3445) SOUTHOLD TOWN POLICE 0202=317:39 *National Standard Incident* ftpmt mw= 3 16= Incident Repot 1 y cm# 0143-000792 Undersigned placed Scha under arrest and transported him to HQ for prooessing. Crapo responded to PDHQ and signed Violation Information. Undersigned secured above evidence, the white pill, in Locker # 7 to be sent for analysis at the Suffolk County Crime Lab. Schaeffner was lodged in Cell # 2 and held until he was sober and could post bail. Property was secured in properly locker. o atratne: 1 Repaving Oftkwr DOPWiFM# Raport Status PO CHRISTOPHER SALMON (6826) SOUTHOLD TOWN POLICE ApPFOWed supwvkklg.0fflow Dldrane Date/Tine LLIAM EE HELINS10 (3445) SOUTHOLD TOWN PONCE 02102rM317:39 copy Oouthold Police Department Report 04/06/201317:06 Incident Report Case# 01-13-002253 1 Case t Report Occurred OnlFrom Occurred To Report Type N 01-13-0022W 04/06/201317:06 04/06/201315:59 Original C Dept. Classification Case Status Case Status Date Cleared DISTURBANCE-VEHICLES CLOSED-NO ARREST (ADMI 04/0712013 O Common Name E VINEYARD 48 -18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SATURDAY age imaged T Map Reference: CUfCHt Toted Dam2 802 Location TO :STREET Total Property Value 0.00 Total Stolen Property Value :50.0.00 Sector : 2 B02 Total vexed Value : .00 O State Classification Attempted/Committed F DISTURBANCE-VEHICLES COMPLETED F StatutefOrdinance Location Type Dispkrshk an Date E VTL1163 OA 010 STREET 0410612013 S Federal Classification (Larceny Only) :,Not Applicable State After Arrest : Not Applicable Attack Reason : NO BIAS/NOT APPUCABLE Federal Disposition : FIELD ARREST/TICKET ISSUED E End of Offi:n . 1. P Person Type Busi erson ame Business Phone E PERSON INTERVIEWED Thomas 7 631- R Person Address S 631- 17 Andrew AVE Islip terrace NY 11752 ,SUFFOLK County O Other Phone - Employer Address N Race Sex SSN DL Exp. Date DL Number WHTI'E Male Birth Date Birth City 08/07/1957 Age : 55 Body Marks: Adulf/Juvenile, ADULT End of Person: 1 V Tag 0 Tag Expiration Year Make Model Vehicle Style E 19827BA 2004 FORD VAN H Tag Country Tag State Vehicle Type VIN Category I NY NOT APPLICABLE C Top color: WHITE Vehicle Dis L position :OTHER E End of Vehicle: 1 N Topic Original A R Anonymous reports to HQ, limos making unsafe U Turn in area of I/L. R A 1 Responded to I/L, P.O. observed McPhail making an unsafe U Turn in a vehicle into eastbound traffic T on route 48 at Horseshoe In. 1 V E P.O. issued summons for same, summons#BD0570846. Reporting officer Department Report Status: ' PO SEAN M GILLAN (2667) SOUTHOLD TOWN POLICE Approved Supervising Officer Date/Time Vertfying Officer Deparhnent Date 1 Time SGT WILLIAM E HEUNSKI (3445) SOUTHOLD TOWN POLICE 04/07/20131721 Southold' Police Department • Nl 01 17: Incident Report tcas¢~~ n of arrative: Reporting Officer Department Report Status: PO SEAN M GILLAN (2687) SOUTHOLD TOWN POLICE Approved Supervising Officer DateTme v Verffying Micer Department Date /Time SGT WILLIAM E HELINSM (3445) SOUTHOLD TOWN POLICE 04/07/2013 1721 a w Southold Police Department Report 04/13/20131823 (u COPY Incident Report Case# 01-13-002420 1 Cass A Report Occurred OrJFront Occurred To Report Type N 01-13-002420 0411320131823 04/13/201317:45 Original C Dalrt. Classification Case Status Case Status Date Cleared POLICE INFORMATION CLOSED-10 ARREST (ADMI 0411312013 D Common Name E Rt 48 Alvahs LN CUTCHOGUE, NY 11935 (SUFFOLK County) NDay of Week: SATURDAY Seclor:2802 T Map Reference : CurcHt Total Damaged Property Value : $0.00 L.odatlai Type : STREET Total Stowd Property Value : $0.00 Seclor: 2 802 Total Recovered PrQMW Value : .00 P Person Type BusinesslPerson ante Business Phone E P R WED .J ohn Person tta _ 83 R 1- S 671 ' - .2181 Loris kassulh RonkorlkDM, NY 11779 ,SUFFOLK Cowl O 1 Dater Phone - Employer -rasa N 1 y6741907. - ReOe '6ax SSN DL Exp. Date DLNUnber WHITE - - Birth Date Birth City 49E03/1955 . . Age : 57 Body Marirs: AduWjuverSe : ADULT End of Person: 1 P YPe B rson Name Business Phone E PERSON REPORTING WNliam S n 631- R nome Phone rson ress S 631- 75 Horseshoe DR Cutdiogue, NY 11935 ,SUFFOLK County O Other Phone Employer Address N 631 800-7391 Rap Sex SSN DL Exp. Date DL Number WHITE Mate [Bir"th Date Birth City 1972 0 Body Mar ks: uverile : ADULT End of Person: 2 V rag t rag Expiration Year Make Model Vehldc8tyk E 1457688 2008 GMC LIMOUSINE H Tag Country Tap State Vehicle Type VIN Category 1 NY NONE C Top Color: WHITE L E End of Vehicle. 1 Reporting officer Department Report Status: PO MARIANNE ALLEN (125) SOUTHOLD TOWN POLICE Approved Supervising Officer DateRme Verifying Officer Department Date / Time SGT THEODORE 0 BEEBE, JR (5140) SOUTHOLD TOWN POLICE 04113/2013 22:58 futhold Police Department o~ NPpWf444,3kT0l3l8:23 Incident Report Ica-A ;41=13-002420 V Tag A Tag Expiration Year Make Model Vehicle Style E FHP2357 2007 CHEVROLET PICKUP H Tag Country Tag State Vehicle Type VIN category r NY NONE c Top Color : WHITE L E End of Vehicle: 2 IN Topic Original A R Shipman called to report that as he was going E/B on Rt 48 the above limousine did make a U-tum at R 111-, blocking the roadway and nearly hitting his vehicle. Undersigned stopped the above vehicle and A spoke with Bratta (the driver). Undersigned advised him of the complaint and Bratta stated that he did T not notice any vehicles near his vehicle as he made the U-tum. Undersigned advised Shipman that a V summons could not be issued at this time since the offense had. not been witnessed by an Officer. r E End o Narrative: 1 ReportlngMOffiNE cerAL Department Report Status: Po M LEN (125) SOUTHOLD TOWN POLICE Approved Supervising Officer Dateirime ti Verifying Officer Department Date / Time SGT THEODORE O BEEBE, JR. (5140) SOUTHOLD TOWN POLICE 04/1312013 22:58 c n r n ftaouthQld PotiCe:QepaaFt111en ~I ^ U Report 05/11201316:00 Incident Report co 111 01-13-003148 1 Case 0 Report Occurred OnlFirfm Occurred To Report Type N 01-14-M148 1.6. Of 1315:36 On" C Dept. Classiffrmtion Case Status Case Status Date Cleared PUS.ORDER-HARASSMENT ADULT ARREST 16 & OVER W11/2013 1) Common Name E VINFiyiRD 48 -18"0. ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK Cw*) _ N 91 Week: SATURDAY T ~ Akxutiol Related.: YES Map~ PARgWTQHlNG LOT Low TptTtltaal Damaged Properly Value: $0.00 l . Property V31ue : S0.00 Sector : 2 802 Stolen . T R I Property Value: .00 FPerson ype BusinesslPerson Name Business Phone E SUSPECT Frank Vito Tedeschi Jr 631- E Phone S 631-. 110St nehuFstL.N Dix Hills NY 11746.,SUFF6L.K County O 1 Other Phone Employer Address N 631 291-2102 110 Stonehurst LN Dix Hills NY 11746 SUFFOLK Coup Race Sex ~N OL Exp. Date DL Number WHITE Male 1278-0852 02/0302015 679942287 BIAh Date Birth C'Y 02/03(1983 Manhal6n, NY, UNITED STATES Age: 30 Hat: No Occupation : Business Owner - Construction Shirt : Buttomawn DL State : NY Pants : Starts DL Country : UNITED STATES Shoes.: Sneakers Ethnic Origin : NON HISPANIC Hair Color: BROWN Min. Height : 5'06' Hair Length : MEDIUM ( up to 2-) Min. Weight : 185 Ibs Hair Style : SHAVED Adult/JuvenNe : ADULT Facial Hair : MUSTACHE AND BEARD Employer: Tedco Group Teeth : NO DISCERNABLE FEATURES Arrest Type : Complaint (COMP) Eye Color: BROWN. Miranda : NO Build : MEDIUM Arrest Number (YY - 13-135 Complerdon : MEDIUM Arrest Time - 24 hour- : 1548 passes : NO Victim Type : OTHER Hand Use : RIGHT HANDED Will File Charges :YES Condition (at West) : APPEARS IMPAIRED-ALCOHOL Can fy, f YES Religion : CATHOLIC Sobriety ety ty o of Victim: : SOBER Marital Staou : SINGLE Extent of Ir*xy : NOT INJURED Speech : SLURRED Medical Treatment: Not Trued Years School: 17 Relationship - What IS VICTIM to this OFFENDER : Residency Type : RESIDENT RELATIONSHIP UNKNOWN Citizenship : UNITED STATES FBI Number : 755084KC5 Body Madcs: State Number (SIDS : 00368654N Coat : No End of Person: 1 P Parson Type Buss Name Business Phone E COMPLAINANT CO Joshua Rakhman p1_ R "a Phone Pets-on Address S w 631- 8 Arlsigh RD Great Neck NY 11021 SUFFOLK County O L Otlrer Phone Employer Address N 631 492-WI Race Sex SSN DL Exp. Date DL Number WHITE Male Birth Date Birth City 02/15/1985 Age : 28 Adult/Juverule : ADULT Reporting Officer , Depar6nert _ Report Status PO ANDREW GARCIA (2587) SOUTHOLD TOWN POLICE Approved Supervising Officer DatelTime Verifldng officer Department Date / Time -SGT RICHARD A PERKINS (5594) SOUTHOLD TOWN POLICE 05/11201318:01 °r tuthold police Department • Report 05/11/201316:00 01-13-003148 Incident Report Iri OW, HISPANIC Aw Maits. End of Person: 2 N Topic Original A R Tedeschi was involved in an altercation with Rakhman, security staff at Vineyard 48. Rakhman states R that he gave Tedeschi several instructions to return to his bus and leave, and Tedeschi engaged in an A 7 altercation pushing Rakhman in the face. Rakhman signed a civilian arrest form, and Tedeschi was i brought to headquarters to be processed. Tedeschi was processed and placed in cell #2 in an v intopcated condition. Charges were typed and signed by Rakhman to be forwarded to justice court. E nd of native: 1 Reporting Officer.... Department Report Status: c PO ANDREW GARCIA (2587) SOUTHOLD TOWN POLICE Approved Supervising Officer Dawrime 4 verWng officer Departrnent Date I Time c SGT RICHARD A PERKINS (5584) SOUTHOLD TOWN POLICE 05/111201318:01 c • Southold Police Departmet Report 05/161201316:41 COPY Incident Report V Case# 01-13-003341 1 Case S Report Occurred OnlFrom Occurred To Report Type N 0143-003341 05/181201316:41 05/18/201316:03 Original C DepL Classiflcation Case Status Case Status Date Cleared I DISTURBANCE-NOISE CLOSED-NO ARREST (ADMI 05118/2013 D Common Name E VINEYARD 48 - 18910 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SATURDAY Alcohol Related : YES T Map Reference: CUTCHI Drug Related : NO Location Type : OTHER BUILDING Total Damaged Property Value : $0.00 Sector : 2 802 Total Stolen Properly Value : $0.00 Alcohol Related : YES Total Recovered Property Value : .00 P Person Type Busine erson Name Business Phone E PERSON REPORTING Bath Sht an 1631- R Home Phone Person dress S 631- 75 Horseshoe RD Cutchogue, NY 11935 ,SUFFOLK County O ¦ Other Phone Employer Address N 631 806-7392 Race Sex 9SN OL Exp. Date DL Number WHITE Female Birth Date Birth City 04/19/1906 Age : 47 Body Marks: AdultlJwerdle :ADULT End of Person: 1 N Topic Original A R Shipman reports loud music and noise from buses idling outside of W. R Undersigned responded to the area and found no loud noise coming from ill. A Undersigned advised security at VI to ask drivers to shut buses off if stopped. T No music was audible from the street. I V No further action taken- E n o Narrative: 1 Reporting Officer Department Report Status: PO RORY FLATLEY (2352) SOUTHOLD TOWN POLICE Approved Supervising Officer DaterTme Verifying Officer Deparhmerrt Date I Tune SGT THOMAS F HUDOCK (3818) SOUTHOLD TOWN POLICE 05/181201319:40 COPY Southold Police Department u(~~ Report 06MI/201316:42 Incident Report u1o Casey 01-13-003755 1 Case tl Report Occurred OnlFrom Occurred To Report Type N 01-13-003765 08101/201316:42 08/01@01315:56 nal C DspL Classification Case Status case status Data . Clewed 1 POLICE INFORMATION CLOSED-NO ARREST (ADM] 06101/2013 O Common Name E VINEYARD 48 - 18810 ROUTE 48 CUTCHOGUE, NY 11935 (SUFFOLK County) N' Day of Weak :SATURDAY Sector :2802 T Map Reference : CUTCHI Total Damaged Property Vakie : $0.00 Loca50n Type : OTHER COMMERCIAL SERVICE Total Stolen Property Value : $0.00 I 5401017-Z 802 Total RecoVW P Value: .00 P rson Type nea erson Name business FrIons E PERSON REPORTING W1Sam Sh' man 631- R S A 631 734-0208 75 Herseelm RD - NY 11935 %ff O 1 Other Phone Employer Address N (631) 806-7391 WHITE Rave .Sex SSN DExp. Dab DL Number Male [BIrth ate Birth City 1 AduNJ uvenile : ADULT RON mom:. _ _ business; Phone, E PERSON INTERVIEWED PaJ Glazak gJi_ R e ne rasa a A .831- 84 Ballad CT Eastport NY 11941 SUFFOLK County O ` Other Phone Employer Address N 1 804.6373 Use Address from Incident Location Information Race Sex SSN DL Exp. Date DL Number._ WHITE Male Birth Date Birth City _ 12/14/1955 Age : 57 Adult/Juvenlle : ADULT Occupation : Manager Body Marks: flukDrilin; NON HISPANIC EW of Person. N Topic Original A R Shipman states that he believes Route 48 Vineyards is over their maximum capacity and that there are R numerous limos parked on Commerce Dr. A Undersigned responded to the I/L and spoke with Glazak who states there are approximately 400 i people in total on the property and that he is allowed to have 175 people inside and 300 outside. V Undersigned responded to Commerce Dr and did observe 3 small bus limos and 4 stretch limos parked E waiting to pick their passengers back up from the I/L. Shipman wishes to have this documented. No action taken. End of RoMM: 1 Reporting Officer Department Report Status: i PO RICHARD E JERNICK 111 (3990) SOUTHOLD TOWN POLICE proved Supervising Officer Daternme t Verifying Officer Department Date I Time SGT SCOTT LATHAM (4749) SOUTHOLD TOWN POLICE 06/01/2013 21:56 r I of 1 • COPY National Standard Incident Rapat 10M3120121521 Incident Report G"6 0142-OOSM 1 Cap i =2 occrred ONF"m Occurred To Rpat TWO N Ot-126000840 1521 10M32M215M C Dept CYpMealkm Cap S(alus Cap Sfahla Dar Clerad 1 TOMM CODE VIOL-wt ER TK2(ETISIIAmm ISSUED 101132012 D Carrrwrr Irrrre E VINEYARD 48 -18910 ROUTE 48 CUTCHOGIIE. NY 11935 (SUFFOLK Coeray) T OWotYWak:SATURDAY Sector: 2OW Map Rehmno o : CUTC147 TOW Ownmpd Property Vakre : 9000 Locution TVpe : AORICI)LTUWIL FACILITY Told Slam Property Vatuo : WOO T 00 O Sob CWem. F ITOM CODE VIOL--OTHER COMPiETED F Sbbd& kdkmo LawiYar Type DlspoaWon Der E Sr208.1(,) AQRICMTURAL FACILITY N Federal CbnftaUm OAMWW Only): Not Applicaft f-) Alleck Reason: NO) TMSMOTAPPLI(AME S E F.nd O 01 OmO: P E PERSON NITERVENIED MATTH W MCBR9)E 63t- R POISON Address 1 031- Um Ad*on*cm' '6 LoeWoolmla ratlorr oOMPhar rrllpwywAafr... N 1 8900 Race S4r 983 OL Esp. Delp Ot. MOar6er N6YHE Mute Oka Derv Bkd1 Clgr 06/29M889 Age : 43 Body Mnlu: AMXT Pcrsoe: 1 P Per"m "m Phow ER COAAPLA6NNT CO VALLWA SWUM 831- S 1 734.6108 TS HORSESHOE OR fMgwr^ NY IIM.SUFM" Co"y O 2 OB1w Phan EagoyarMdrwa N ~ X11 DL Exp. Dale OL Numbor BM111 Dale skm CNy 04/16M972 I Fad A6s .40 Body Made: T P Pawn: RepaBnS OBrw Dapar61lar Roport SIoOS. PO TIMOTHY 2 MCGOWAN (5250) SOUTHOLD TOWN POLICE Approved 8upervriq OIBar DaWTip Var" omcer D"Mbn d as" )Tip SGT THEODORE O SEEBE..Rt (514o) SOUTH" TOM POLICE 10Mb2012 1229 1 of 2 • National Standard Incident C~? Report Ia+3WI21521 Incident Report C"09 01-12411086" N Topic 0"01121 A R The complainant reports that the above UL is overcrowded. R The undersigned responded and spoke to McBride. A 7 McBride stated he had over 619 people at the above UL. T McBride issued a summons for not having a spacial permit, ticket # A 2911. V E ne o : 1 RepoAlnp OlMcer DeprUnew Report Show PO TMtOTHY J MICGOWAN (5250) SOUTHOLD TOWN POLICE Appowed Superv" Officer DeeNTMw V*Wybp omw Depr6eent Dab 1 Tae SOT THEODORE o BEEBE, JR (514q) SOUTHOLD TOWN POLICE 10114MM21Z" 2 of 2 Toga d Soo* A'2911 sa*cater, NY ~ _ 7MM~MAreaIr.NNwrNtra 1 I _ elnsl rr. wa urerewR'ilMAON q,~R arllcisae OSR6..O YIRO.II., 06pw„ ORRRMfiE as o0 neolaMmlmR..I.IOGI..IQ .as~clRO nu,txa ~ wRes~s fMR ,YIRINR ?nY. ?II.r. any. a" O p Ye1MR ? 0000[ ? A,O[ ° ow bIQW1C ? ,dMO ° qo ? ? RYY ° Yallo ? eao, ? am ? •m ? M O wx O 1.w. ? nllrx ? .,w~ ? niw ? _ am cl wwuwl a~ rrm cw~iiorae r c~wlo®r wuaw FUCROF lacwn w " Ir .tlu,,ra w..a.m.rv.. WMMM I W"fl l.Ola.i,IYMICyYII aR.vwewwl~ a1oS. t C~ ° AM Iw,NA l1 rnmR 0Zomw 0,0E ,ROelwlm ? .~cnrrwvpwrml`R 'K"t01~1~YpOTc~lw nnc AAD wnMa -Tr~r rr~moecliml~mnlt mwrrcroamr? r~+awa~a°A°~aawc~irr~~d°s.~asnn, - erwns IM![tM10or1 I,IIf I VrN~[rid/r111~B~Yp1IUI~NM110lIfMfR~Ol1! ~.UIYl COYINWII 0118 v Copy Southold Town Police 699,2 ,633 R.oae ImMot Report Nun4u 01-12.OONM 1 C9ee9MeAor R1Pe!t OmnwdOaNipw peow"To Ilpo~tif" N Ot-W.COIZ06 OW0/~0/2wM OEOOm0121035 IC OFFJIOAN8T8E1~lIlJiESiM1B1EYY0N p01~/gARREBTgUM 10IOY2012 JC"W" me amme E 192u d6 CUM"par NY119%(suFwuT T AWF408ws:M !Y Becher TOM :200¢ Loe96exroe: R .EI NKY TeptB~ ddP+oOryW9r:9O0D 11M. S O Nee CNU16ee6on ANs,aprdlCewr,lad F OFFAGAN6T COMPLEM F Nb&d@ WIMwAe Leeman Type Bipeikw Deb N PL Mn am 8 E EP PINtPh" lwiMe91P61lMNeMO iiMiwwMaFNW=jJECjM s 631- R IN MEW eMpNeMnaw SO COPapbyerAdAeNe law" Minencs, N Race Boo am OL 6ip.OMe OL"W~ yeTNTE MTW 911b OeY pM CT4r 961 Age: 61 BodyM/rb: ~AOIJLT E Ps,uoa 7y ps, Brkwomm% oow News, B4eMw MOs R How Mona Pollan Addrooe Slap nommeme S 6046172 tTO N OR NY 1T100. OTHER-MYr YOM VrA-M O 2 Ca6PMOne EspbyarAdliwa aMp91,9naTe,a N _ aft SON OLEep.OMs, OLIMWAM V*M Man" BYM CTp 962 A":= Body leaats: POLA,UA CONtAN (1364) SOUTHOLD TOM POLICE Apppowlid OMOW Ns, peyTpyM K amaiThm F SANTACNOCEA (6062) SOUTHOLDTOWN POLICE 7o86em4 :16 c ar K e I of 2 0 0 011Ju4e4veu 4 vwu r anea.c .aq,w. Incident Report Case Nunber 01-12-008255 P Penton Type .BSslnes0yarmn-Mars Business Photo E P£RSOKO 1NIED LAUREN-PaT7ER 841- Re~rarn . & (5 225-49811 ~ BELL MORE, NY 11710. OTHER-NEW YORK SUITE county O Con Phone Employer Addrem -Wp Reference N -Rmq- Sllr NN OLE L Deie: DL Nran6er M/41TE FamNe aiM Dale mm CRY '11mn'H64 Age: 27 Body Mmft- ADULT N TGPlr onginlill, R Zuhosid reports two people having intercourse in his yard at the above VI.. Zuhoslu wanted them to R R leave- Undersigned responded and interviewed Shrerlo and Potter Shmwand-Pettervere asked to A leave and they corrlplied. l v E QV? 0 Repordnp Dillow Depmenerd Reim Sta m: POLAURALCONLAN (1304) SOUTHOLD 70NM POLICE Appwaed OIRCe? None- DeislFnow N ve yingemoor. Dmimbnerd :ONer TYme o 0 SGT HENRY F SANTACROCE A2 (6982) SOUrHOLD TOWN POLICE 1011)6=206:18 m N ut 2 of 2 COPY *Southold Police Departmel Report 09/21/201317:12 Incident Report Case# 01-13-007652 1 Case s Report Occurred On/From Occurred To Report Type N 01-13-007652 09/21/201317:12 09/21/201316:44 Original C Dept, Classification Case Status Case Status Date Cleared 1 POLICE INFORMATION CLOSED-NO ARREST (ADMI 09/21/2013 D Common Name E 75 HORSESHOE DR CUTCHOGUE, NY 11935 (SUFFOLK County) N Day of Week : SATURDAY Sector : 2 802 T Map Reference : CUTCHt Total Damaged Property Value : $0.00 Location Type : RESIDENCE-SINGLE FAMILY Total Stolen Property Value : $0.00 Sector : 2 802 Total Recovered Prop" Value : .00 p Person Type Businessperson Name Business Phone E PERSON REPORTING WILLIAM SHIPMAN 631- R Home Phone Person Address S (631) 7348208 Use Address from Incident Location Information O Other Phone Employer Address N Race Sex SSN DL Exp. Date OIL Number WHITE Male Birth Date Birth City 04/28/1972 Age : 41 Body Marks: AdulVJuvenile : ADULT End of Person: 1 N Topic Original A R Shipman wanted it on record that there was approximately 60 vehicles parked at Vineyard 48 when R there is a limit of 34 vehicles. Undersigned responded and observed more than 34 vehicles. A 1 T V E Endo Narrative: 1 Reporting Officer Department Report Status: PO LAURA L CONLAN (1384) SOUTHOLD TOWN POLICE Approved Supervising Officer Datemme Verifying Officer Department Date / Time SGT THEODORE O BEEBE, JR. (5140) SOUTHOLD TOWN POLICE 09121/2013 22:46 1 of 1 F. Letters from the Applicant's Agent 4 PATRICIA C. MOORE ?7 Attorney at Law 141- 51020 Main Road / Yrl Southold, New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 August 19, 2013 by hand Town of Southold Planning Board Southold Town Hall Annex AUG 1 9 2013 Main Road Southold, NY 11971 RE: Vineyard 48, 18910 Route 48, Cutchogue, NY SCTM # 1000-96-4-4.3 Dear Chairman and Board: In further response to your numbered questions in your letter dated July 10, 2013 enclose are 9 prints of the revised site plan. Since the surveyor was asked to locate the vines, grass, existing and proposed parking, we asked Peconic Surveyors to duplicate the site plan prepared by Angel Chorno. The Peconic Surveyor's "Amended Site Plan" last revised August 14, 2013 replaces previously submitted site plan prepared by Angel Chorno, Architect. All other documents remain as submitted, including Mr. Chorno's elevations for the pole barn and the zoning map. Question #1. The site plan, as proposed, does not appear to match up with the existing conditions at the site with regard to the proposed four lanes of queuing. At the hearing, it was stated that no vines or grass would be removed from the front to accommodate the queuing on the proposed site plan, however after a site visit, it appeared that the dimensions shown on the plan do not match up with what is on the ground. Please show and label the edge of vines and edge of grass on the site plan in the front area. Answer #1. Confirming our previous response, Peconic Surveyors prepared an amended site plan, last revised August 14, 2013, which includes the existing conditions. We do not know what dimensions did not match to your staffs observations of site conditions. The enclosed site plan (surveyed) should match site conditions. Please note, there is additional land beyond the 35' of existing vines along the front. The Vineyard 48 sign is on Vineyard 48 property. Beyond the northerly property line, there are 10' of grass on the county right of way, north to the edge of the pavement. Beyond the grass, there are another 10' of the shoulder of the road which the Town wishes to 4- restrict parking. Question #2 Please show and label the edge of vines and edge of grass on the site plan where they are near parking areas and buildings. Answer.• This has been done. With such a large agricultural parcel, this request required the surveyor to conduct time consuming and costly field work. Question #3 Please show and label the property line along CR 48 on the site plan. Answer. This has been done. Question #4 Please show and label the edge of pavement of CR 48 on the site plan. Answer: This has been done. Also, please note, Peconic Surveyors made 17 parking spaces along the front (adding 1 to previous site plan) and reducing 1 space along the side. Therefore, the same total parking spaces are proposed on the Peconic Surveyor's amended site plan. The public hearing has been closed, we have thoroughly answered the list of questions from your July 10`h letter and the amended site plan includes the specific existing site conditions you requested. We respectfully request that the site plan review be reactivated immediately with this submission. Thank you. , VVee -trutyy06 C% Patricia C. Moore PCM/bp Ends. C: Vineyard 48 Sullivan Gardner, PC -2- wrt Pc) PATRICIA C. MOORE Attorney at Law 51020 Main Road ~Ll Southold, New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 July 18, 2013 by hand - 7 Town of Southold Planning Board V`, w Southold Town Hall Annex i~~~i JUL 192p13 t Main Road t i Southold, NY 11971 RE: Vineyard 48, 18910 Route 48, Cutchogue, NY SCTM # 1000-96-4-4.3 Dear Chairman and Board: In response to your numbered questions in your letter dated July 10, 2013: Question #1. The site plan, as proposed, does not appear to match up with the existing conditions at the site with regard to the proposed four lanes of queuing. At the hearing, it was stated that no vines or grass would be removed from the front to accommodate the queuing on the proposed site plan, however after a site visit, it appeared that the dimensions shown on the plan do not match up with what is on the ground. Please show and label the edge of vines and edge of grass on the site plan in the front area. Answer #1. The site plan shows the proposed queuing lanes, the site plan was prepared based on the existing survey. The proposed location of the front parking spaces was measured in the field. The edge of the existing vines is already set back, there is grass between the existing front spaces and the proposed front parking. No additional clearing of vines would be required along the front. Question #2 Please show and label the edge of vines and edge of grass on the site plan where they are near parking areas and buildings. Question #3 Please show and label the property line along CR 48 on the site plan. -1- Question #4 Please show and label the edge of pavement of CR 48 on the site plan. Answer # 2, 3, and 4 In order to answer questions numbered 2, 3 and 4 Peconic Surveyors must go out to the property and locate the vines & grass, as well as the property line and edge of pavement of County Road 48. The surveyor is not available to go to the property for two weeks, the the map will be revised when this information is obtained from the surveyor. Question #5 On the site plan there is a line of parking for cars near CR 48 in the front of the property, then a queuing line for buses, a second queue for limos, a third for cars, and a fourth "drop-off lane." When asked at the hearing on July 1st how you propose to keep people safe as they walk from the parking spaces across four lanes of traffic, or as they disembark from buses and limousines, your response was that a staff person would be there to control the situation. Also at the hearing, you stated that one security person was assigned to manage traffic on site. How will one person manage to control and protect patrons disembarking from up to 4 buses, 7 limousines, 11 cars and 16 parking spaces, aw well as whatever is going on in the "drop off lane"? Answer #5. The queuing lanes within the property line have been tested and work well. Because the vehicles (whether it is a limo or a bus) do not disembark until they are directed to release their passengers by the staff, they disembark, only when directed. The vehicles stop until they are directed to either park or leave. This procedure was implemented to maintain the safety of the passengers and in order to limit the vehicles "waiting" on Route 48. There are three (3) to four (4) traffic personnel whose responsibility is to direct the queuing of the vehicles within the queuing area in front of the tasting room and on the property. Suburban Security is also responsible for managing the traffic flow entering and exiting from CR 48. Usually only one person is needed at the entrance and exit to direct the traffic into or out of the property. It is legal for vehicles to wait along the shoulder of the road on CR 48 until they are directed onto the property. We know that the neighbors objected and the police were called. However, upon their review of the situation, they did not issue any tickets because the vehicles were operating legally. This condition occurred occasionally on a peek October weekend when the entire East End experienced favorable fall weather and harvest season. Queuing on Route 48 occurs only on peek weekends. Question #6 How many vehicles are arriving at the site at the busiest times? Of these vehicles on site at the busiest times, how many are buses and how many are limousines? Answer #6 At the busiest times in a day, Vineyard 48 will expect 10 vehicles per hour. The breakdown of vehicles per hour is approximately a combination of 2 buses per hour; 5 limos per hour; 2 to 3 cars per hour. Vineyard 48 is providing more than enough parking and staff for the anticipated vehicles. As you know, the queuing is needed for a Saturday or Sunday, weather dependent, in summer and fall. Queuing is not needed 10 months of the year or during the week days. -2- Question #7 What is the plan for vehicles to enter and exit the property safely? Answer # 7 The public enters and exists the property safely. CR 48 is a 4 lane divided highway which is designed by the County and New York State as a major through-fare. The vehicles have unrestricted visibility. CR 48 is a New York State Wine Trail. Limousines and buses are operated by professional drivers with special "livery" licenses. The access points were approved by Suffolk County when the tasting room was originally constructed and the Planning Board approved the site plan in 1995 and again in 2006. The exit was designed to be safe. To further assure safety Suburban Security directs the vehicles at the entrance and at the exit. In addition, the limo drivers are given written instructions and guidelines to follow with regard to their operation. Additional signs can be posted at the exit directing vehicles to "turn right only", onto County Road 48 or other signs which the Board could suggest. Question #8 How will the problem of vehicles stacking on Rt. 48 waiting to enter the queuing lanes be eliminated? Answer #8 Suburban Security directs the vehicles to eliminate vehicles stacking on CR 48 waiting to enter the queuing lanes. Wine tasting tours provide a limited degree of scheduling. Every effort is made to schedule the tours efficiently. Nevertheless, it is legal for vehicles to wait along the shoulder of the road on CR 48 until they are directed onto the property to assure safety to their guests. County Route 48 has two lanes and the right hand lane is a reduced speed and right hand turning lane and does not interfere with the traffic. At most, the right hand lane will create a speed control & calming of the speeding on County Route 48. The police have been called by the neighbors but the police could not issue any tickets because the vehicles were operating legally. Waiting to enter is a condition which is customary and ordinary at any popular business. The on site queuing is intended to address and eliminate queuing on County Road 48. Vineyard 48 restricts parking along County Route 48, however, the County of Suffolk would have to designate the road for "no parking". Vineyard 48 can only place unenforceable "dummy signs" along their northerly property line restricting vehicles from parking along the northerly property line. The "stacking" on CR 48 is not a regular occurrence. All the successful businesses in town experience occasional stacking at certain times of the day and on peek summer or fall weekends. The site plan is being amended to show, on paper, the location of the parking, which together with the staffing, regulates the traffic flow to eliminate stacking. Question #9 At the hearing, it was stated that Vineyard 48 grows all grapes used to produce the wine that is sold on site on its 34 acres in Cutchogue and that it does not purchase grapes elsewhere. Please provide documentation (amount of grapes grown on site, amount of grapes required per bottle, and the number of bottles sold) to verify that all wine produced and sold on site is made from grapes that are grown on Vineyard 48 property. -3- Answer #9. Vineyard 48 is a farm winery, is licensed as such, and operates in accordance with New York State Law, both the Alcohol & Beverage Control Law and the Agriculture & Markets law and the Southold Town Code The information requested is not within the proper scope of review of a site plan application. In addition, it is an inappropriate question regarding the manner of operation. Without waiving any objection to this inquiry, Vineyard 48 grows approximately 60 tons of grapes per year and one ton will produce approximately 165 cases of wine. Question #10 Do Vineyard 48 wine labels bear the North Fork Appellation Stamp? Answer #10. Vineyard 48 is a New York State farm winery, is licensed as such, and operates in accordance with New York State Law, both the Alcohol & Beverage Control Law and the Agriculture & Markets law. All labels, both the front and back of the bottle labels, on the Vineyard 48 wine bottle are regulated, reviewed and approved by both New York State Liquor Authority and the Federal Liquor Authority. The information requested is not within the proper scope of review of a site plan application. In addition, it is an inappropriate question regarding the manner of operation. Without waiving any objection to this inquiry, the peach wine and sangria produced by Vineyard 48 have a "north fork" logo. Question #11 How many people are envisioned to be safely accommodated on site at the busiest times? Answer #11. The 14.95 acres surrounding the wine tasting building can accommodate a large number of patrons. The existing parking on site is more than adequate. Mr. Isler asked what is the maximum number of patrons expected at any one time in the ordinary course of the seasonal operation. This question exceeds the scope of the site plan regulations in that the Town Code which addresses occupancy of the buildings and parking, not the number of people outdoors associated with the seasonal use of the property. This question can not be selectively enforced and unilaterally applied against Vineyard 48 when it is not posed to all agricultural operations, including other wineries. Agricultural uses have the ability to accommodate a flexible number of patrons outside with seasonal overflow parking. Nevertheless, Vineyard 48 is willing to acknowledge that the maximum number of patrons on site, at one time, in the ordinary course of the operation which can regularly be accommodated would be the legal occupancy of the buildings inside and 600 patrons outside (outside includes a tent or canopy). The Pole Barn would replace a similarly sized tent). As was described by my client at the hearing, Vineyard 48 maintains sufficient parking, adequate staff, and security on site to manage the patrons both inside and outside. Question #12 How many security personnel are on site during the busiest times? Answer #12. Vineyard 48 will hire 15 security personnel during the busiest times. -4- Question #13 What is the job description for security personnel? What are their directions from the management of the winery? When do they call the police? Do they breakup fights? Do they identify patrons who an- intoxicated? Do they ask people to leave? Do they physically remove people from the site? Answer #13. The job description of the security is "traffic control" and "security". Alpha 1 has been the independent contractor who provides the security. They hire and train their staff. Most of the staff provided by Alpha 1 to Vineyard 48 have military training. In addition to traffic control, they are directed to prohibit intoxicated persons from entering, monitoring guest behavior, and their presence alone controls guest behavior. They will call the police, if necessary; it is rarely necessary. They can break up fights (the only fight, to our knowledge, is a group in a limo coming from another winery which was not permitted to enter Vineyard 48). They, as well as staff, are trained to observe the guests for intoxication. They will ask people to leave. Most of the security personnel are physically fit but "physical" removal from the site is not required. A guest who refuses to leave when asked to leave can be charged with trespass. This charge, to our knowledge, has not been required. Vineyard 48 is a winery, the guests are on vacation or on a day trip. Security is hired to professionally manage the guests. Vineyard 48 takes the management of the winery seriously and hires professionals. Vineyard 48 operates the same as other vineyards and agricultural uses who invite the public to enjoy tourist attractions on the North Fork. The buses, limos and cars bring the same guests who stop at Vineyard 48 to other wineries, farm stands and agro-tourist attractions. The Vineyard 48 guests are not "unique" to Vineyard 48. Question #14 How many total employees are on site during the busiest times and where do they park? Answer #14. On the busiest weekends Vineyard 48 has up to 25 employees, including the owners. During the busy season, Vineyard 48 encourages car pooling and off site parking to maximize spaces for guests. The vineyard also has open areas on their property where employees can park. Employees enter before guests arrive and after the guests leave, the cars park all day so there is no need to "site plan" their seasonal employee parking. Question #15 Reference was made at the June 3°' hearing to a letter that is provided to limousines and bus companies explaining the rules at Vineyard 48. Please provide a copy to the Board. Answer #15. Letter given to limousine & bus company is attached (this was Exhibit 'A' to my February 22, 2013 submission with our application). Question #16 At the hearings it was indicated that there is a person at the door keeping count of the number of people entering and exiting the site. For what is this count used? Is there a limit to the number of people allowed on site? If so, what is the limit? -5- • . X015 Answer #16. The count of the number of people entering and exiting the site is used for the purpose of counting the "daily" attendance. As discussed in Answer #11, the maximum number of patrons on site, at one time, in the ordinary course of the operation which can comfortably be accommodated in the tasting area would be the legal occupancy of the tasting building inside (presently 125) and 600 patrons outside. As was described by my client at the hearing, Vineyard 48 maintains sufficient parking, adequate staff, and security on site to manage the patrons both inside and outside. Question #17 Is there a record kept of the maximum number of people at any given time at this facility each day? If so, please provide those records for 2011 through 2013 to date. Answer #17. The information requested is not within the proper scope of review of a site plan application. In addition, it is an inappropriate question regarding the manner of operation. Without waiving any objection to this inquiry, the applicant does not have those records. Question #18 The information requested is not within the proper scope of review of a site plan application. In addition, it is an inappropriate question regarding the manner of operation. Without waiving any objection to this inquiry, the applicant does not have those records. Question # 19 At the hearing on July 1 ~ Mr. Metz stated that there is a point where he knows they need a Special Event Permit. What is that threshold? Or describe how it is determined that a Special Even Permit is needed. Answer #19. Primarily in the fall a special event is determined by a particularly planned event not the anticipated attendance. Question #20 Is every person entering, excluding under-aged persons, pregnant women & designated drivers, required to purchase the four "tasting coins" prior to entering the tasting area? Answer #20. The information requested is not within the proper scope of review of a site plan application. In addition, it is an inappropriate question regarding the manner of operation. Without waiving any objection to this inquiry, not every person entering is required to purchase the tasting coins prior to entering the tasting area. Some guests may come in to look around or to purchase a bottle or a case for a gift or for themselves to take home. The coins are purchased only if the guest wishes to participate in "wine tasting" on premises. -6- • L/~ $5 Question # 21 What is the charge for the four tasting coins? Answer # 21.The information requested is not within the proper scope of review of a site plan application. In addition, it is an inappropriate question regarding the manner of operation. Without waiving any objection to this inquiry, the charge is $10.00. Question #22 What is provided for each coin turned in? A full glass of wine? Answer #22 The information requested is not within the proper scope of review of a site plan application. In addition, it is an inappropriate question regarding the manner of operation. Without waiving any objection to this inquiry, Each tasting coin entitles a patron to one "tasting" which is 2 ounces of wine. Question #23 Are tallies kept of the number of coins sold each day? Answer # 23.The information requested is not within the proper scope of review of a site plan application. In addition, it is an inappropriate question regarding the manner of operation. Without waiving any objection to this inquiry, no tallies are kept of the number of coins sold each day. Every 2 to 3 weeks the coins must be purchased to replenish the inventory of coins presumably kept by guests who keep the coins. Question #24 Are tallies kept of the number of coins turned in by customers in exchange for wine tasting? Answer # 24.The information requested is not within the proper scope of review of a site plan application. In addition, it is an inappropriate question regarding the manner of operation. Without waiving any objection to this inquiry, there is no record kept of the number of coins turned in. Question # 25 Provide the records of coins sold and turned in for 2013 and 2013 to date. Answer # 25.The information requested is not within the proper scope of review of a site plan application. In addition, it is an inappropriate question regarding the manner of operation. Without waiving any objection to this inquiry, as stated in question 23 and 24, these records can not be provided. -7- • . ob Question # 26 How do the non-wine drinkers use their coins? Can they trade them for other beverages? If so, what is available to them? Answer # 26. The information requested is not within the proper scope of review of a site plan application. In addition, it is an inappropriate question regarding the manner of operation. Without waiving any objection to this inquiry, Non-alcoholic beverages are provided such as water bottles and soda. Question # 27 What percentage of revenue is generated from the sale of the New York State labeled beer? What percentage of revenue is generated from the sale of wine produced by the winery? Please provide documentation verifying these percentages. Answer # 27. The information requested is not within the proper scope of review of a site plan application. In addition, it is an inappropriate question regarding the manner of operation. Without waiving any objection to this inquiry, the wine produced by Vineyard 48 (a N.Y.S. farm winery) is 96% and local beer is 3%, non-alcoholic beverages is 1 Question # 28 How is it determined how many portable toilets are to be provided? Does the number of portable toilets on site change depending on the season? Answer # 28. The information requested is not within the proper scope of review of a site plan application. In addition, it is an inappropriate question regarding the manner of operation. Without waiving any objection to this inquiry, the number of portable toilets is based on experience. The number of portable toilets is increased, as needed, during the season. In the winter and the spring none are required. In the summer 2 to 4 portable toilets are provided and in the fall 4 to 8 portable toilets are provided. Vineyard 48 has sufficient full bathrooms for their guests. However, portable toilets are convenient and appreciated by the guests. Question #29 Reference is made to qualified personnel directing traffic on site. Pleas elaborate on what this means and what, if any, formal training is given for traffic control? Answer # 29. Suburban Security is experienced with traffic control. In addition 3 to Suburban Security, 3-4 Vineyard 48 employees with reflector vests, pointers and flags provide additional traffic control within the property. Question #30 How do you intend to mitigate the problemslssues that have come up from the public and the public hearing? -8- • • 01 Answer # 30. The following complaints are being addressed: 1. A new manager was hired this year and new DJ. The new management this season has been doing an excellent job and the neighbors acknowledged, during the hearing, that the issues of the past have been addressed. 2. The owners speak daily with management and staff. Once a week the owners have a staff meeting to review the previous week's operation and what can be improved. 3. Noise from the site is monitored by decibel reading equipment at the property line and the monitoring assures compliance with the Town noise ordinance. Noise levels have been controlled. The proposed pole barn will have walls to limit the noise. In the summer and fall the vines provide additional sound barriers. Canopies and tent fabric acts as a sound barrier. Once the site plan is approved, tents can be installed with side walls. 4. Patrons are directed to remain within the tasting area and out of the fields. Signs are posted at the perimeter of the property lines. The security patrols the property boundaries. At the hearing Mr. Metz described that the guards walk around or patrol with a vehicle in order to keep a clear view through the rows of vines. If they see patrons congregating in the vines the patrons are directed into the tasting area. 4. A "hot line" will be established to give the neighbors a contact at the winery who can respond immediately to any issue 5. Additional instructions can be provided to the Limo and bus drivers with the optimal easterly and westerly route. Thank you. Very tr atricia C. Moore PCM/bp Encls. C: Vineyard 48 Sullivan Gardner, PC -9- RX Date/Tpne 0711 x/2013 11:00 631 734 6763 P.002 Vineyard 48 • 034-6763 p.2 +••_+•1V. 4U1L U1:41 PAC PAGE. I 1 r r Vineyard 48 Winery 18910 Middle Rd Cutcbogue, NY 11935 r March 30, 2012 r To Whom it may concern: Vineyard 48 Winery would like the attending limousine c:ompaoaes to follow a guide line in Order to keep things waving smoothly and accordance to the.townxude. r i . There is absolutely no parking on Middle Rd (Route 48) 2. No U-turns to be made at the intersection of Yfidtlle Rd (Route 48) and Depot. fat r 3. All limousines should exit from overflow lot onto Depot Ln. r 4. All Drivcrs must follow tttF parking directions from our contracted parking company 'Platinum Executive security" ® 5. All drivers are responsible for litter removal of Limo guests r 6. Vineyard 48 uses Ifs discretion on guest admittance. Overly intoxicated guests will not be admitted and at any time and guests may be asked to leave due to intoxication. 7. Guests must be able to readily contact driver for questions and departure. r S. No outside alcohol in any form will be allowed in the vineyard. r If any of these toles are not followed future reservations may be denim]. r After reading please have and authorized person sign, state their position at company dt date below. Thank You Name: 1V'GTfo[ tin4tt6 tne IsPrui[e A T Wat_yar0 lo~ti2s r Position-R[!" Q, W C I S I r a a;Deal V e Date: Q313f 1aoIa r r r Sincerely, m )~>s J r Dale Suter General Manager Q Vineyard 48 Winery r r r r _I 1'1'•~-r7'i C. IiYJ`~'1-C:l t~l_~ RX Date/Time 0711512013 11:00 631 734 6763 P.003 Vineyard 48 734-6763 ~ p.3 YJ Vineyard 48 Winery 18910 Middle Rd d Cutchogue, Yy 11935 March 30, 2012 To Whom It May Concern: Vineyard 48 Winery would like the attending limousine companies to follow a o order to keep things moving smoothly and accordance to the town code guide line in 9 ® 1. There is absolutely no parking on Middle Rd (Route 48). 2. No U-turns to be made at the intersection of Middle Rd (Route 48) and Depot. Ln -3. All limousines should exit from overflow lot onto Depot Ln. Q 4. All Drivers must follow the parking directions from our contracted parking company "Platinum Executive Security" 5. All drivers are responsible for litter removal of limo guests D 6. Vineyard 48 uses it's discretion on guest admittance. Overly intoxicated guests will not ~d be admitted at any time and guests may be asked to leave due In intoxication. 7. Guests must be able to readily contact driver for questions and departure. e 8. No outside alcohol in any form will be allowed in the vineyard. If any of these stiles are not followed future reservations may be denied. ~ After reading please have and authorized person sigh, state their position at company & date below. Thank you b Name: ` ,va t. d r C_ Cam' Position Date: Sincerely, Dale Suter General Manager Vineyard 48 Winery ~9e)ffuX I _~n b Southold Town Board of Appeals y , MAIN ROAD• STATE ROAD 25 SOUTHOLD, L.I., N.V. 11971 TT TELEPHONE (516) 765 1809 APPEALS BOARD MEMBERS ACTION OF THE BOARD OF APPEALS GERARD P. GOEHRINGER. CHAIRMAN CHARLES GRIGONIS. JR. SERGE OOYEN JR. ACTION OF THE ZONING BOARD OF APPEALS SERGE J. DO 000GLASS JOSEPH H. SAWICKI Appl. No, 3732. Names of Applicant(s): ROBERT E. BIDWELL Mr. Robert E. Bidwell To: 27 Montrose Place Melville, NY 11747 At a Meeting of the Zoning Board of Appeals held on Jul 14th the above application was considered, and the Action indicated below was taken on your { } Request for Variance to the Zoning Ordinance Article , Section { } Request for Variance Due to Lack of Access to Property, New York Town Law, Sec. 280-a {x } Request for Special Exception under the Zoning Ordinance, Article III, Section 100-30B(14) Upon Application of ROBERT E. BIDWELL for a Special Exception to the Zoning Ordinance, Article III, Section 100-30B(14) for a winery for the Production and Retail Sale of Wine Produced from Grapes Primarily grown at the Bidwell Vine- yards, premises located at the South Side of C.R. 48, Cutchoque, NY; County Tax Map Parcel No. 1000-96-4-4.3 (prev. p/o 4.1). WHEREAS, a public hearing was held on June 2, 1988, in the Matter of the Application of ROBERT E. BIDWELL under Appl. No. 3732; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted considered this application; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: Page 2 - Appl. No. 3732 Decision Rendered June 9, 1988 Matter of ROBERT E. BIDWELL 1. The property in question is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3 (part of 4.11. 2. The subject premises is presently improved with an agricultural structure presently under construction pursuant to Building Permit 156222 issued January 12, 1987, and agricultural buildings constructed under Building Permit numbers 13780 issued March 22, 1985, and under 126172 issued September 17, 1983. Town records shows that no on-site physical inspections of the buildings have been made to date under the N.Y.S. Construction Code by the Town Building Inspectors (since the buildings were apparently permitted only for agricultural storage). 3. By this application, applicant requests a Special Exception to the Zoning ordinance under Article III, Section 100-308, Subsection 14 for permission to establish a Winery for the production and retail sales of wine produced from grapes primarily grown on the vineyard on which such winery is located. 4. The premises in question contains a total acreage in excess of 14 acres having a frontage of 679.42 feet along the south side of County Road 48 (Middle Road) in the Hamlet of Cutchogue, Town of Southold. 5. The subject premises is located in the A-Residential and Agricultural Zoning District and is improved with a prin- cipal agricultural barn building containing a total floor area of approximately 4765 sq. ft. An addition made of prefabricated steel is proposed of a size 90 ft. x 54 feet, which would increase the floor area of the building to a total of 9625 sq. ft. 6. The area proposed for retail sales is to be not more than 4819 sq. ft. as marked in "red" on the Proposed Sketch Drawing prepared by Guldi & Showers dated May 31, 1988 under Drawing No. A-1. The remaining floor area is proposed for storage, production, utility roams, wholesale sales areas, bathrooms, hallways, file room. Sufficient information has not, however, been presented to confirm whether the proposed retail sales area of the subject winery establishment will be occupied entirely or partly in the newly proposed addition or the existing agricultural barn structures, or whether the wholesale and production areas are to be within the existing, or proposed, addition. 7. The setbacks of the winery building in question is shown on the February 11, 1988 final location survey prepared by Williams R. Simmons, Jr., L.C. to be at 155.7 feet from the northerly property line along the county Road. The parking areas are shown to be a minimum of 36 spaces, 18 at the west side and 18 at the east side of the building. It is noted for the record that an application for site plan approval by the Planning Board is pending review at this time as required by Article III, Section 100-308(14) and Article xilI of the Zoning Code. 8. In considering this application, the Board determines: (a) that the buildings within which the proposed winery uses are to be located must first be inspected and approved as to meeting all the requirements of the N.Y.S. Construction Codes and all other applicable codes; Page 3 - Appl. No. 3732 Decision Rendered July 14, 1988 Matter of ROBERT E. BIDWELL (b) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (c) that the safety, health, welfare, comfort, convenience and order of the Town will not be adversely affected by the proposed use and its location; (d) the use will be in harmony with and will promote the general purposes and intent of zoning since this is a use permitted by legislative action and will meet all other requirements of the zoning code. 9. The Board has also considered Items (a) through (1) of Article XII of the Zoning Code in making this determination. 10. It is the position of this Board that in making this determination, the occupancie§ r t es-permitted hereunder shall exclude the retail_a ~ Npplicattt will be required to submit a separatT%application, in complete detail and form, for consideration of same, together with all other areas (wholesale areas, file room, production rooms, storage areas, etc.). Additional information is needed before an approval can be given for the use of retail sales and occupancy by the public for the same. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Grigonis, it was RESOLVED, to GRANT a Special Exception for the Production of Wholesale Storage of, and Wholesale Sales of, Wine Produced from Grapes Primarily Grown on this Parcel, in the Matter of ROBERT E. BIDWELL under Appl. No. 3732, SUBJECT TO: 1. Approval as required under Article III, Section 100-30B(14) and Article XI of the Zoning Code for site plan review by the Planning Board; 2. No occupancy of the buildings by the public for retailing, except in the following manner: a. Issuance of appropriate Building Permits; b. Inspections and Approvals as to compliance and acceptance by the Building Inspector as required under the N.Y.S. Construction Code, etc., and the same is ready for issuance of a Certificate of Occupancy for all uses as applied (before issuance of a C.O.); c. Application for a Special Exception and appropriate papers in complete form depicting the retail sales, wholesale sales, wholesale storage, bathrooms, file and office room(s), production rooms, and all other activities to be conducted on the premises and within the building(s) to be filed and considered by the Board of Appeals, and further on-site inspections. 3. On Board's own motion, this matter may be reopened for a rehearing and reconsideration if the above conditions are not complied with. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, Douglass and Sawicki. (Member Doyen was absent.) This resolu- tion was duly adopted. lk k E . G0(//6ING R, AIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE 1~1 s /fy HOUR o o Town Cork, Town d Southold Y A. of M'Fa •••d o,~9 ~ ,...hs Deal=°sl. 40/a r'anpaaµ L96//,f /?'laod5dni~ 'i iOJp O~°l°• O aasy/ssoal,veµ [L [eE Tv9 %d ..GO e~.-rv .1 ..ey..S ~-NV+a~9 J 1a~aq-j T.rordj ~n.,tanan~c orvvJ sar+y F%D/ y osardsq~ g" ~ rnowc.s ~ v+r/n~ -wa o3asd yd was. ,~.3rJ °Jb H71 h .~<a.~ Dad t•.e 9 N p~S a oNd ~5/ r, oe o yob -7i i F<f F°' t 8 O 8 R ~ 0 F O Dee ~ R R o fBZ q*a. v W N T r~ 8 /f gB6~~/~~ n1 a, l'n°7 L~ I An 3 v u a ' l . ~1 R/ yvf'~ w°7 F bey,. V' ~ ~r.r Q 1 ` o ~ ~0~7 O d 14, r er ~~y~ 6P~F.L~i4EYAN> SNOW~RS- I I^~ ' IN tEALS BOARD MEMBERS SCOTT L. HARRIS ,re cd P. Gcehriager, Chairman Supervisor Charles Grigonis, Jr. Town Hall, 53095 Main Road Serge Doyen, Jr. Ok P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 64~ ACTION OF THE BOARD OF APPEALS Appl. No. 3882 Matter of BIDWELL WINERIES. Special Exception to the Zoning ordinance, Article III, Section 100-30, for approval of consumer tasting and retail sales from the winery. Property Location: Route 48, Cutchogue, County Tax Map No. 1000, Section 96, Block 4, Lot 4.3. WHEREAS, a public hearing was held and concluded on February 1, 1990 in the matter of the Application of BIDWELL WINERIES, under Appeal No. 3882; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south side of Route 48, Hamlet of Cutchogue, and is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3. 2. This is an application for Special Exception from the Zoning Code Article III, Section 100-30, for approval of consumer tasting and retail sales from the winery. ?age 2 - Appl. No. 3882 Matter of BIDWELL WINERY Decision rendered February 15, 1990 3. Article III, Section 100-30, The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control, to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis for a significant portion of the town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second- home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interests of farmers and other farmland owners. 4. Also noted for the record under Appeal No. 3732 for a Winery for the Production and Retail Sale of Wine. In this Decision rendered July 14, 1988 it states: (a) The area proposed for retail sales is to be not more than 400 sq. ft. as marked in "red" on the Proposed Sketch Drawing prepared by Guldi & Showers dated May 31, 1988 under Drawing No. A-1. 5. In considering this application, the Board finds and determines: (a) that the use will not prevent the orderly and reasonable use adjacent properties or of properties in adjacent use districts; (c) that the Special Exception will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (d) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Special Exception, as applied conditionally noted below. Accordingly on motion by Mr. Grigonis, seconded by Mr. Dinizio, it was Page 3 - Appl. No. 3882 Matter of BIDWELL WINERIES Decision rendered February 15, 1990 RESOLVED, to GRANT a Special Exception in the matter of the application of BIDWELL WINERIES as applied under Appeal No. 3882, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the Winery sell their wine product in the 20 X 20 building presently located in the front of the building, conditionally for three (3) years from date of this decision. 2. This Decision is subject to Site Plan Approval by the Southold Town Planning Board. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio, (Absent Serge Doyen and Joseph Sawicki). This resolution was duly adopted. df GERARD P. GOEHRINGER, CHAIRMAN I I 7: it 4. Ur G q Y~~~'\ ' uott'N 77 2> \ Ifao j ~ ai ~E,r' 111 A-I 1 Ate' 5 .l 1-. -SeA LC ~ ~dD_ pnpW6tL VI,UEYA(3Q " Cor ana~,u3t,-,' w 3 r. ` a2 V ' S~FfOIK~~A • l0 .c SCOTT L. HARRIS APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman .Q~ Supervisor Charles Grigonis, Jr.1 Town Hall, 53095 Main Road Serge Doyen, Jr. T P.O. Box 1179 Joseph H. Sawicki Southold, New York 11971 James Dinizio, Jr. BOARD OF APPEALS Fax (516) 765-1823 Telephone (516) 765-1809 TOWN OF SOUTHOLD Telephone (516) 765-1800 ACTION OF THE BOARD OF APPEALS Appl. No. 3945 Matter of BIDWELL WINERIES. Variance to the Zoning Ordinance, Article III, Section 100-33, for permission to set up a temporary tent for cultural events. Proposed tent does not address this condition in A-C Zone District. Property Location: 18910 County Road #48, Cutchogue, County Tax Map No. 1000, Section 096, Block 04, Lot 4.3. WHEREAS, a public hearing was held and concluded on May 15, 1990 in the matter of the Application of BIDWELL WINERIES, under Appeal No. 3945; and WHEREAS, the Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The premises in question is located along the south side of Route 48, Hamlet of Cutchogue, and is identified on the Suffolk County Tax Maps as District 1000 Section 96, Block 04, Lot 4.3. 2. This is an application for Variance from the Zoning Code Article III, Section 100-30, for approval of a temporary tent for cultural events, proposed tent does not address this condition in A-C Zone District. Page 2 - Appl. No. 3945 Matter of BIDWELL VINEYARDS Decision rendered May 30, 1990 3. Article III, Section 100-30 - The purpose of the Agricultural-Conservation (A-C) District and the Low-Density Residential R-80, R-120, R-200 and R-400 Districts is to reasonably control, to the extent possible, prevent the unnecessary loss of those currently open lands within the town containing large and contiguous areas of prime agricultural soils which are the basis for significant portion of the town's economy and those areas with sensitive environmental features, including aquifer recharge areas and bluffs. In addition, these areas provide the open rural environment so highly valued by year-round residents and those persons who support the Town of Southold's recreation, resort and second-home economy. The economic, social and aesthetic benefits which can be obtained for all citizens by limiting loss of such areas are well documented and have inspired a host of governmental programs designed, with varying degrees of success, to achieve this result. For its part, the town is expending large sums of money to protect existing farm acreage. At the same time, the town has an obligation to exercise its authority to reasonably regulate the subdivision and development of this land to further the same purposes while honoring the legitimate interest of farmers and other farmland owners. 4. Also noted for the record under Appeal No. 3732 for a Winery for the Production and Retail Sale of Wine. In this Decision rendered July 14, 1988 it states: (a) The area proposed for retail sales is to be not more than 400 sq. ft. as marked in "red" on the Proposed sketch Drawing prepared by Guili & Showers dated May 31, 1988 under Drawing No. A-1. Also noted for the record under Appeal No. 3882 for approval of consumer tasting and retail sales from the Winery. In this decision rendered February 15, 1990 it states: (a) That the Winery sell their wine product in the 20 X 20 building presently located in the front of the building, conditionally for three (3) years from date of this decision. (b) That this decision is subject to Site Plan Approval by the Southold Town Planning Board. Accordingly, on motion by Mr. Goehringer, seconded by Mr. Doyen, it was Page 3 - Appl. No. 3945 Matter of BIDWELL VINEYARDS Decision rendered May 30, 1990 5. In considering this application,the Board finds and determines: (a) that the use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent districts; (b) that there is no other method for appellants to pursue; and placing the proposed temporary tent in any other location on the premises will require other variance relief; (c) that the area chosen for the temporary tent is not unreasonably located; (d) that the Variance will not in turn cause a substantial effect on the safety, health, welfare, comfort, convenience and/or order of the Town; (e) that in carefully considering the record and all the above factors, the interests of justice will be served by granting the Variance, as Applied conditionally noted below. RESOLVED, to GRANT a Variance in the matter of the application of BIDWELL VINEYARDS as applied under Appeal no. 3945, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the temporary tent only be used as a secondary and an incidental use for the production and sale of Bidwell Wines and for the purpose of advertising or for the tasting of Bidwell wines and not for the sale of non-wine products such as posters, paintings or any other objects/products that have not been grown or produced on the premises. 2. That the temporary tent only be granted for a maximum period of ninety-five (95) days from the date of this decision, this tent must be dismantled and removed by September 15, 1990. 3. That this approval is expressly contingent upon the applicant providing forty (40) on site parking spaces, the applicant must provide enough stone blend surface to provide adequate parking. 4. That the existence of any off premises parking is a direct violation of this temporary permit and renders this decision null and void. Page 4 - Appl. No. 3945 Matter of BIDWELL VINEYARDS Decision rendered May 30, 1990 5. That the tent meet any and all fire code regulations and is to be inspected by a Southold Town Building Inspector. 6. That this decision is also expressly contingent on the applicant's representation that it will vigorously and continuously pursue site plan approval from the Southold Town Planning Board for the subject winery. In the event that this Board is advised that the above stated condition has been violated, this permit shall, upon notice to the applicant, become null and void. Vote of the Board: Ayes: Messrs. Goehringer, Sawicki, Dinizio and Doyen (Absent Charles Grigonis). This Resolution was duly adopted. GERARD P. GOEHRINGER, CHAIRMAN RECEIVED AND FILED BY THE SOUTHOLD TOWN CLERK DATE ~r 11 15 o HOUR I x 3 ~1 ?H Town Clerk, Town of Southold ~Ap h _ d ~AK - p IT= SITE PLAN R ~.1 It ~ °:.56°b:.:'.'. BIDWELL FO VINEYARDS .b c..,,.~_,..v...;.. AT CUTCHOGUE TOWN OF SOUTWLO SUFFOLK COUNTY, N roan - es - - ..Ye qw ie, wo ~ I' I~ MAN SCA[F Y4 Po' APPEALS BOARD MEMBERS O~pS~fFO(xCO Gerard P. Goehringer, Chairman Serge Doyen, Jr. to a; Town Hall, 53095 Main Road James Dinizio, Jr. 1P.O. Box 1179 Robert A. Villa Southold, New York 11971 Richard C. Wilton Fax (516) 765-1823 Telephone(616)765-1809 BOARD OF APPEALS Telephone(516)765-1800 TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS Appl. No. 4203. Upon Application of ROBERT E. BIDWELL for a Special Exception under Article III, Section 100-31813 of the Zoning Ordinance for approval of winery uses in existing building and proposed building. The site plan shows that the property is situated along the south side of C.R. 48, Cutchogue, NY, is zoned A-C Agricultural-Conservation and is identified on the Suffolk County Tax Maps as District 1000, Section 96, Block 4, Lot 4.3. WHEREAS, a public hearing was held on May 4, 1994 and December 8, 1993, at which times those persons who desired to be heard were heard and their testimony recorded (see separate verbatim transcripts of hearings); and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following Findings of Fact: 1. By this application, applicant requests the issuance of a Special Exception pursuant to Article III, Section 100-31 for a Winery in conjunction with existing grape vineyards on this 14.955 acre-parcel located in the Agricultural-Conservation (A-C) Zone District. 2. Article III, Section 100-31 of the Zoning Code authorizes by approval of the Board of Appeals (and subject to site plan approval by the Planning Board): "...Wineries for the production and sale of wine produced from grapes primarily grown in the vineyards on which such winery is located... 3. The applicant, Robert E. Bidwell, the owner of the subject premises, acquired the premises in December 23, 1982, with Edward J. Hallstein - who conveyed his share to the applicant (Bidwell) on Page 2 - Appl. No. 4203 • • / Decision Rendered May 4, 1994 I (b Application of ROBERT E. BIDWELL U November 30, 1983 (see Deed at Liber 9493 cp 386). The entire premises consists of a total area of 14.955 acres with street frontage along the southerly side of County Road 48 of 711.53 feet. The subject premises commences at a point 285+- feet westerly of the intersection of Depot Lane and C.R. 48, Cutchogue, and is identified on the Suffolk County Tax Maps as District 1000, Section 96 Block 4, Lot 4.3. 4. The applicant has submitted as amended site plan dated April 14, 1994, which was amended to show revisions and recommendations of the Planning Board (see previous letters from the Planning Board requesting specific modifications to the original map). 5. The April 14, 1994 plan shows a proposed 1456 sq. ft. pavilion located 113+- feet from the northerly front property line along C.R. 48 and 194+- feet from the easterly side property line. This building is proposed at one-story, will be heated by oil, and will be utilized for a retail sales and wine-tasting area related to the existing grape vineyard and production of wine for the existing Winery operations. Also shown on the April 14th map are an existing metal building and concrete block building (with breezeway) which is proposed as the production and work area of the winery in its processing of grapes grown on this parcel and for the production of wine. The metal and concrete block buildings which exist were constructed under a "farm building" permit rather than a permit for winery operations, and pursuant to a temporary Special Exception granted by the Board of Appeals February 15, 1990 under Appl. No. 3882, the owners were to return in 1993 for an updated inspection and review as to compliance with State Fire and Building Codes and well as local Health Department regulations pertaining to the production of wine. 6. As part of the special exception and site plan reviews, the applicant has assured the Board of their intentions to comply with all provisions of the Zoning, State Fire and Building Code, and other regulations pertaining to the operation of the Winery buildings. 7. In considering this application, the Board also finds and determines: (1) the proposed use will not prevent the orderly and reasonable use of adjacent properties or of properties in adjacent use districts; (2) the use will not adversely affect the safety, welfare, comfort, convenience, or order of the Town; 13) the use is in harmony with and will promote the general purposes and intent of zoning. The Board has also considered subsections (a) through (1) of Article XXVI, Section 100-263 A through F ["standards"), applicable to special exception reviews. The Board agrees that the use of the buildings, as proposed herein, meet all the standards and conditions prescribed in the Southold Town Zoning Code for such land use. Accordingly, on motion by Member Wilton, seconded by Rage 3 - Appl. No. 4203 • • Decision Rendered May 4, 1994 / Application of ROBERT E. BIDWELL Chairman Goehringer, it was RESOLVED, to GRANT a Special Exception (Special Permit) for a Winery at premises owned by the applicant, ROBERT E. BIDWELL, as applied, SUBJECT TO THE FOLLOWING CONDITIONS: 1. That the operations conducted at the site shall be limited to agricultural use and a Winery for the production and sale of wine produced from grapes primarily grown in the vineyards existing on the subject premises. 2. That the buildings be no closer than 100 feet to the front (northerly) property line, and shall be proposed generally as shown on the April 14, 1994 amended site plan. 3. That the operation of the Winery must receive all outstanding final approvals from the Southold Town Planning Board, the Suffolk County Health Department, and the Southold Town Building Department as early as possible without delay and before receiving additional building permit(s) for new construction. Vote of the Board: Ayes: Messrs. Doyen, Dinizio, Wilton, Villa and Goehringer. This resolution was duly adopted. Ik GERARD P.'UO RIH NGER, HAIRMAN RECEIVED AND FILED BY THE SOUT1 OLD TOC;14 C11-im DATE`55,x G4V HOUR Town Clerk, Yown of Southold 8 y , •c Y r P jot, 3 A: , I 1 Aw F...y y ~ Wr^ w:- . .i~ I qf_ 1 _ i-T Ask- J I - I - j MIDDLE E ROAD I<. R. aRI Intl * ns, eouxo e.ncs ~ 1 1~ I=1-I L-- Kul tit TYPICAL ENTRANnCEE OR EXIT (MIDDLE RO.1~ ~A`~ ROM «l~ el in .1- •r.~..u . p we < If 4 r I E .MIO-T ` F. Si 1C.1A'.T. YJ'•• CR 1 T SAN SCALE A_ ll~ I n ! 'J - - WE RAN ^Mmw - - SOWELL VINEYARDS ATCUT~ T()WN Ci $p/11KK0 54~FIX= L01MIY NY £N. M 991 I ~ NorR999 AM. W vo vc,oivii vlp~ atc, ui~iiy -niyuuy, ivcvnc - uiywiYJ File Edit View Toolbar Window Help 0 a ® a Et~ V PY oo' 0 2 ii T 196 4-4 3 473889 Southold Active R/S: 1 School: MatOtuck Schoo Rose's Vineyard LLC Roll Year: 2013 CurrYr Feld crops Land AV: 4,700 18910 CR 48 Land Size: 15.04 acres Total AV: 15.700 Parcel 96-443 Owner ITax Bill Mailing Address ' 3rd Party Address I Bank I History Assessment w OwnerType: Primary Desig Status: Exempt(s) SpecDist(s) - Description Owner(s) 6-~ Images Lost Name/ Com First Name MI: Jr.,Sr.,etc: :_A Gis Company `J Site (1) Res Rose's Vineyard LLC [7 , Salal l/16/06 Attention To / In Care Of: Additional Address: --_j -Site (1) Res t?; .:J Sele07/12106 -Site(1)Res Street No: Prefix Dir. Street/ Rural Route: St Suffix: PostDir: UnitName: Unit No: Ei i Sale04116/06 ~ F :1'-1-::-] F ._J -Site(l)Res Po Box No: Cityrrown: State: Zip Code: 914 Cutchogue NY _:!j 111935- rif not"USA" Bar Cd: IO-wner-s~hip: e.g. Life Use Owner Type: i P - Primary Prints the screen Reviews (37) About This Business 37 reviews for Vineyard 48 Search Reviews Sort by. Yelp Sort I Date - I Rating I Elites' I i ova. Fiends 37 reviews in Engrrsh i; a t it r.s a.s a.a 9/2312013 christs B Two words... gumba wine. One person in our group was family friends with the owner and Massapequa, NY he was the first one to say'gumbawine'. We brought his dad home a case of red, but his dad likes gumba wine. This definitely a fun spot, dj and plenty of people dancing. But it strikes me a little more like the boardy barn of vineyards. I'm glad it was our last stop. We were all already tipsy from our other tastings, so we were able to enjoy the atmosphere. The wines weren't bad theyre just not complex and fantastic. This will not be the classy, put together atmosphere of most tasting rooms. If your looking for a party atmosphere then you'll love this spot. If your looking to enjoy wine and discuss the flavor with your sommelier, then you better skip this one. Was this review Useful 1 r' Funny ;k Cool Q Bookman r,71 send m s Friend Link to This Revie,v 0 _ elde 13 ;u 121 1313131313 gi3r2013 * coo The best way to describe this winery is "party winery. If you're looking for a more low key, Leslie L. Bergen County, NJ quieter winery, you should probably skip this one. There is a DJ spinning music, there are massive tables outside, and the crowd is young! We got a bucket of white sangria. No lie- it comes in a huge plastic pail, with a plastic shovel, filled to the brim with about a dozen plastic straws for all to sharel Checkthis place outfor a good time! Was this review _7 T Useful 1 Funny Cool 1 Q Bookman 2 Send to a Friend Link to This Review RECEIVED OCT 2 ni? , BOARD OF APPEALS 08 North 'get ' I ttF yelp cam ri '-ii rn 4; a~ - rr I i J• File Edit View Favorites Tools Help Favorites I Land Information Map son Webconferences Vq Long Island Index Research.. ~I NYS DOS Coastal Online Re... Vineyard 48 - North Fork - Cutchague, NY •d lU ? 28 0 ~ j LJ S.j 8212013 Kristina Z. Where to begin? This 'winery' was chosen by our tour operator and though I thought I'd keep East rdeaoow, NY an open mind, I'm sorry I let her talk me into it after I read the mixed reviews. The place is an outdoor club complete with bouncers asking for ID and giving you a hand stamp. There were no chairs set up inside to escape the pounding music and loud, intoxicated patrons as I was told there would be by the tour operator. After taking a few sips of the Sauvignon Blanc and the Merlot, I now know what cat urine would taste like should I ever choose to drink it The wines were promptly tossed and we decided to leave. Skip this place and if you are on a tour that has it as a stop, demand better for yourself. Was this review o Useful I i Funny 2 Cool Q Bookmak 6A Send to a Friend p Link to This Revie.r Q ?v 12 ,R 11 06,p u W u 8/172013 1 check-in here Beth R. Worstwinery ever. Its more like a cheap outside bar for college kids. Loud music, bouncers, Watervliet, NY and even low brow hand stamp. Do yourself a favor and skip. There's much better out there. Was this review Useful Funny Cool Q 9ookmerk H Send to a Friend o Link to This Reoex Elite 13 98 0 00 8/168013 J0 1 check-in here ~a * 143 I JUST WANT TO FIST PUMP! AND DANCE! AND TWIRL! AND DODGE GUIDOS! If that's not Keith L. New York, NY what you're looking for, skip Vineyard 48. There are a ton of negative reviews of this venue, which leads me to believe that people just don't do their research. Its a pretty easy decision. do you want to quietly sample wine, or do you want to pound a bucket of sangria with your friends and dance? If you're looking for the second option, then this place is definitely a blast! Was this review ? Useful 1 r>} Funny Cool Q Bookmark :J Send to s Friend O Link to This Review RECEIVED , '.,G66y_ OCT 2 BOARD OF APPEALS • RECEIVED OCT 2 ?P q BOARD OF APPEALS ? 'C yelp com.t - ,r i ' 1 File Edit View Favorites Tools Help Favorites 11 Land Information Rap 0 Webconferences „tn Long Island Index Research... NYS DOS Coastal Online Re... 'C Vineyard 48 North Fork- Cutchogue, NV t Was this review ? `a Useful 7Funny 7k Cool Q B..1.6 v S rid Io a Friend o ?nk Ic This Review ERe'1s 54 D is x.i r„g +ta 8/102013 1% 1 check-in here * 251 Salty A I was horrified before I even entered this Vinery" because I was carded at the door (1 had to Manhattan Beach, CA actually return to the limo to retrieve my drivers license - I am 31 years old and have gone on at least a dozen wine tours and have never been asked to show ID... the thought that this would be required from people who were coming as part of a pre-arranged private group blows my mind) and then received a lovely handstamp that admitted me to the venue. Upon entry I was greeted by the sight of a large group of females twerking in the fountain to house music being played by some low rent Tiesto wannabe with a Macbook. I then got yelled at by an employee for moving a chair over a foot so that I could sit in it because the chair was "blocking stuff we don't want people to steal" (empty wine cartons from the look of it). Yeah, well the chair could still provide that classy service with my body in it, buddy. Tip to North Fork wineries - get indoor places for people to sit for fs sake! I don't understand this, but none of the places I went had adequate seating inside out of the heat and humidity. I fault our tour operator for this as well because every other wine tour I have ever gone on, the drivers have made sure to accommodate us with a private seating area that is set up for us in advance. At this joint I'm sure our driver was too busy watching chicks grind on each other in the middle of the day with played out songs like Capital Cites 'Safe and Sound" blaring to make sure I could put my butt in a chair without risking sunstroke. Of course, the wine here was a joke. They have a snobby sign hanging on the wall which prodaims'NO WE DOW HAVE PINOT GRIGIO' like pinol grigio is something to be embarrassed to have - yet they do have juvenile buckets of disgusting sangria, featured peach wine that tastes like melted Jolly Ranchers, and an array of other wines that are so mineral and acidic and cloying that I couldn't even tolerate the small let alone drink them. Pinot grigio isn't missing out not being there, I wish I hadn't been there either. If this place was a person.. I would suggest for it to go play in traffic. Wasthisreview Useful 8 ~;-l Funny 6 * Cool 2 Q Bodmeh I I Send to 3 Friend m Link Lc Th.s Review Q O . t+ * 7, u.s a.s k.k x.,s 1/152013 Kim P. Literally the worst place. Chantilly, VA Was this review Useful 3 wJ Funny 4 Cool Q Boovm art En Bend tc a friend m Link tc This Rerie~s Q - a-. • • Cigar Store Research Summary & Timeline I ~?S Certificates of occupancy: 1985 #13190 Accessory Barn (Tractor Shed). This is the original building on the site (BP 12617 9/17/83 - constructed 1983/84). 1987. #16421 11/18/87 "Addition to Existing Agricultural Building". Addition to the original building for storage. (BP13780 - constructed in 1985). 2006. #31828 9/20/06 "Accessory Production and Wine Storage Building." Built back in 1987, but no c.o. issued at that time. (BP 31428, replaced BP 15622). This is the large building identified as "Metal Building" 75 x 75x 40 at the back of the original building on the site plan (and noted as the second addition on the property card in 1987) 2006. #31829 9/20/06 ""Wine tasting and sales building." (BP 31441 (this permit replaced an older permit). This is the new tasting pavilion built in 1996 after the 1995 site plan was approved where wine tasting is currently conducted. From the written history and research so far, it appears that prior to the 2006 approved site plan and certificates of occupancy, there was no legally valid tasting room or retail sales area at this site. Further, the area being used for cigar sales was never a legally approved retail site. The earlier ZBA decisions were contingent on site plan approval, which was never granted for retail at this site. Timeline overview 1983 -1987 original building and two additions completed for agricultural uses (tractor storage and barns for storage) 1986, August 25. Incomplete site plan application submitted to Planning Board, and never completed. 1988, July 14 ZBA. 3732, 7/14/88. Special Exception. Bidwell Winery for a winery for the production and retail sale of wine (not wine tasting) produced from grapes grown on site. The ZBA allowed retail sales in a 20x20 area in the front of the original building, with the condition that site planning be completed with the Planning Board for that use. 1990, February 15. ZBA 3882. Special Exception for approval of consumer tasting and retail sales from the Winery with the following conditions: • Winery to sell their wine product in the 20x20 building presently located in the front of the building (this expired in three years (1993)) • Subject to site plan approval by Planning Board • uoo 1990, May 30. ZBA. 3945. 5/30/90. Variance to have tent with following conditions. • Temporary tent for wine tasting and sales of wine only • 95 days only • 40 parking spaces required • Applicant must "vigorously pursue site plan approval from the Planning Board." 1995, July 12. Planning Board Site Plan Approval. This site plan did not approve any retail activity or wine tasting in the original building. Instead, a new tasting pavilion in a separate building was proposed and approved. 1996. New Tasting Pavilion constructed. Certificate of occupancy was held pending Planning Board site inspection. Long interval to Planning Board approval. Site was not constructed according to the site plan. 2006, April 4. Planning Board letter to applicant - final inspection results - not in compliance with site plan. Submit an "as-built" site plan for consideration by the Planning Board. 2006, May 22. In 2006 the applicants submitted an as-built site plan, which replaced the 1995 site plan, for approval from the Planning Board so they could get their c.o. for the new tasting pavilion. Neither the 1995 nor the 2006 site plans show retail in the original building. It is labeled "office and lab" on both plans. 2006, June 27. Planning Board approved the as-built site plan dated February 19, 1991, and last revised 5/18/06. 2011, August 18. Notice of Violation to stop the use of retail cigar shop (8/18/2011 confirmed non-permitted use.) A subsequent finding by code enforcement noted that the violation was unfounded because "it appears that the existing retail use is permitted as per planning board approval and certificate of occupancy." 2013, July 1, the owner of the property testified to the Planning Board that the cigar company is a separate business from the winery and is owned and run by an entirely different entity. 2013, August 14. Site visit by Planning staff where it was observed that the cigar store primarily sells cigars. There was no evidence of anything related to the winery being sold inside this store. 2 • SOUTHOLD TOWN ZONING BOARD OF APPEALS (VU In the Matter of the Application of the RE~EIVED SOUTHOLD TOWN PLANNING BOARD SEP 2 6 Z013 BOARD OF APPEALS STATEMENT OF FACTS [PROCEDURAL] The Chair of the Southold Planning Board has submitted a memorandum to the Southold Town Board of Appeals dated August 28, 2013 by which he seeks an interpretation under Southold Town Code § 280-146(D) "as to whether two uses are part of a winery use or permitted accessory uses for a principal winery use." The Chair's memorandum attempts to describe what he characterizes as a "Dance and Social Club" or "Bar"and questions the use of the property for a "Cigar Store" on property known as Vineyard 48 [SCTM #1000-96-4-4.3]' OBJECTIONS TO PLANNING BOARD APPLICATION 1. Submission of Referral Application Unauthorized. The Planning Board did not hold a public meeting nor did it pass a resolution authorizing the Chairman of the Planning Board to submit a request to this Board for an interpretation. As a matter of law, the individual members of the Planning Board [including the Chair] are not authorized to act on their own. It is only as a Board that it acts [through the passage of resolutions] authorizing or directing that action be taken in its name. The memorandum dated August 28, 2013 was not accompanied by a resolution indicating the Planning Board authorized ' It is respectfully requested that the Planning Board's site plan file for Vineyard 48 be incorporated by reference into the record of this proceeding. the appeal to the Town Zoning Board. Consequently, this application or referral is not properly before this Board and must not be considered. 2. Statute of Limitations: The time period to file an application questioning the property use on the subject property is passed. On November 14, 2012, counsel and the architect for Vineyard 48 met with Planning Board staff for a pre-submission conference in accordance with the site plan review procedure set forth in Southold Town Code § 280-131. The Code states that [t]he purpose of such conference shall be to discuss proposed uses REkE6 ED or development plan elements that shall be submitted to the Planning Board in order for said Board to determine conformity SEP 2 6 yn -i with the provisions and intent of this article. [Section 280- 131(A)] BOARD OF APPEALS Thereafter, on February 22, 2013 an application with all supporting documentation including the proposed amended site plan and building elevations were submitted to both the Town Building Department and the Southold Town Planning Board for approval to construct a pole barn and additional parking on the premises at Vineyard 48 [an existing winery with recognized accessory uses]. On March 8, 2013 the Building Department issued a "Notice of Disapproval" stating that the Planning Board would have to approve the amended site plan before a building permit could be issued. The Building Department is obligated to identify all zoning and land use issues that must be addressed. The only approval necessary was the Planning Board's approval of the amended site plan. On March 22, 2013 the Planning Board's staff sent a memo referring the site plan application to the building department for its review [even though the building department had • already issued a Notice of Disapproval identifying that only site plan approval was needed The provisions of the New York State Town Law §276-a (b) state that RECEIVED An appeal shall be taken within sixty days after the filing of any SEP 2 6 2013 order, requirement, decision, interpretation or determination of the administrative official, by filing with such administratlAQARD OF APPEALS official and with the board of appeals a notice of appeal, specifying the grounds thereof and the relief sought In this case, the Building Department issued its Notice of Disapproval on March 8, 2013 in which it was determined that Vineyard 48 only needed Planning Board approval of an amended site plan for the proposed pole barn and additional parking. The legal import of this Notice of Disapproval is that the Town's Chief Building Inspector had determined that the application complied in all other respects with "all applicable zoning regulations." The Planning Board received a copy of the Notice of Disapproval at the time it was issued. The Chief Building Inspector's determination was never challenged. No appeal was taken by anyone or by any board [including the Planning Board] to overturn his determination. The time in which to have taken such appeal expired at the latest on May 8, 2013. The Planning Board's appeal to this Board dated August 28, 2013 is untimely and must be dismissed. z Southold Town Code §280-131 presumes that the site plan application and the site plan are submitted first to the Planning Board and thereafter sent to the Building Department for confirmation of the plan's compliance with "all applicable zoning regulations." The procedure has been modified by the Planning Board and Building Department and for all other land use applications in Town [including Trustee applications]. At the inception, the Building Department receives an application for a building permit which prompts the issuance of a "Notice of Disapproval." In this case, the application included application for a building permit together with the proposed amended site plan together with the elevations of the proposed pole barn. The Notice of Disapproval identifies that the application required approval of the amended site plan from the Planning Board and that the application and site plan "complies with all applicable zoning regulations." RECEIVED ~I n~ • • SEp 2 6 2013 lU BOARD OF A12PLVWTlanning Board is guilty of laches as it has brought this appeal long after it was aware of the uses of the property at Vineyard 48. The Planning Board has known of the manner in which Vineyard 48 operates a legally permissible vineyard, winery with tasting room and accessory uses for several years. The Planning Board's memorandum dated August 28, 2013 suggests that "during the course of the public hearing [on the amended site plan] an issue arose about whether the uses on the property are permitted on the premises." To be polite, this is disingenuous at the very least. The Planning Board has known of the manner in which Vineyard 48 operates for several years. In its August 28" memorandum, the Planning Board Chair states that "the affidavits submitted in Court proceedings show that during 2011 and 2012" there were objections being raised with the manner in which the winery was being operated. These affidavits include those from the Planning Board's own staff dating back to 2012. For the Planning Board to suggest that it did not become aware of the property uses at Vineyard 48 until the site plan public hearings held in June and July 2013 is patently false. In May 2012 the Town of Southold commenced legal proceedings addressing the activities at Vineyard 48, and the parties to that litigation agreed that an application for an amended site plan for additional parking on the site would be pursued. This lead to the preparation of the amended site plan, and a pre-submission conference between the owners' representatives and the Planning Board representatives in November 2012. Throughout the litigation in 2012 and the on-going site plan review process that began in November 2012, the Planning Board and its representatives have known of the uses at Vineyard 48.' These uses are described in memos prepared by Planning Board representatives throughout ' In the Planning Board memorandum reviewing the site plan, the existing uses of the property at Vineyard 48 were described as "winery, tasting room, and retail sales" On April 19, • RECEIVE... ~~~5 • SEP 2 6 2, this period. BOARD OF Appl-.,;,c, According to New York State law, the Building Inspector is the only person besides the Zoning Board of Appeals who can interpret whether or not a use is allowed in a certain district. Having made a determination, one who purports to be aggrieved thereby and who has notice of the determination must act promptly and appeal the determination to the zoning board of appeals within 60 days or forfeit the ability to seek administrative and judicial review of the determination. See Farina v. Zoning Board of Appeals of the City of New Rochelle, 294 A.D.2d 2013 the Planning Board's Planner submitted a memo to the Town Building Department referring the Vineyard 48 site plan to the Chief Building Inspector for his "comments, review and certification" This memo described the proposed amendments to the Vineyard 48 site plan and described the existing uses on the site as "a 2,032 square foot tasting room, a 320 s.f. accessory retail store, 1,480 s.f. office, and 3,000 s.f. storage building and 11.3 acres of grape vines on 14.9 acres in the A-C Zoning District. The Planning Board has known the property uses at Vineyard 48 since 2012 and in all of its agendas describes the uses as herein described including the separate retail shop. It should be noted that the Planning Board contends that by taking this appeal to the Town's Zoning Board of Appeals, the Planning Board no longer has to proceed with its review of the amended site plan. This is wrong as a matter of law, and Vineyard 48 has advised that there is no legal basis for the Planning Board to delay its review and action on the site plan application. In Mamaroneck Beach & Yacht Club, Inc. v. Fraioli, 24 A.D.3d 669, 808 N.Y.S.2d 303 (2d Dept. 2005), an appeal was taken by a civic association to the zoning board of appeals from a determination of the building inspector that a proposed use was a permissible accessory use. While the appeal to the zoning board of appeals was pending, the developer applied to the planning board for site plan approval and the planning board acceded to the civic association's contention that the filing of the appeal with the zoning board of appeals stayed the planning board from continuing its review of the application. The Appellate Division determined that the automatic stay provision of Village Law § 7-712-a(6), identical to Town Law § 267-a(6), does not apply to the filing of an appeal by a third party. (citing Barnathan v. Garden City Park Water District, 21 A.D.2d 832, 251 N.Y.S.2d 706 (2d Dept. 1964); Bonded Concrete v. Town of Saugerties, 282 A.D.2d 900, 723 N.Y.S.2d 553 (3d Dept.), lv. denied, 97 N.Y.2d 653, 737 N.Y.S.2d 53, 762 N.E.2d 931 (2001)). Although the court did not deal with the issue, it is unlikely that the stay, in any event, applies to review of an application by another agency. N.Y. Town Law § 267-a (Commentary 2006: McKinney) RECEIVE • SEP 2 6 U • 499,742 N.Y.S.2d 359 (2d Dept. M 49 1sANhAi }SDamiano, 14 N.Y.2d 356,251 N.Y.S.2d 665, 200 N.E.2d 563 (1964); Rebhan v. Zoning Board ofAppeals of the Town ofMilan, 163 A.D.2d 728, 558 N.Y.S.2d 716 (3d Dept. 1990), Iv. denied, 76 N.Y.2d 712, 563 N.Y.S.2d 768, 565 N.E.2d 517 (1990); Highway Displays, Inc. v. Zoning Board ofAppeals, 32 A.D.2d 668, 300 N.Y.S.2d 605 (2d Dept. 1969). A "delay in instituting legal proceedings to enforce what one perceives to be a recognized right, particularly in the area of zoning and its allied concerns such as planning can result in denial of relief because of laches." Jamil v. Village of Scarsdale Board ofAppeals, N.Y.L.J. Oct. 9, 2003, p. 20, col. 3 (Sup. Ct. Westchester Co. 2003). (quoting Friends of the Pine Bush v. Planning Board of the City of Albany, 86 A.D.2d 246, 248, 450 N.Y.S.2d 966, 968 (3d Dept. 1982), affd, 59 N.Y.2d 849, 465 N.Y.S.2d 924, 452 N.E.2d 1252 (1983) (citing Sheerin v. New York Fire Dept. Arts 1 & 1B Pension Funds, 46 N.Y.2d 488,414 N.Y.S.2d 506, 387 N.E.2d 217 (1979)). Laches bars recovery where a party's inaction has prejudiced another party, making it inequitable to permit recovery. To establish laches, a party must demonstrate: (1) conduct by an offending party giving rise to the situation complained of-, (2) delay by the complainant in asserting his or her claim for relief, despite the opportunity to do so; (3) lack of knowledge or notice on the part of the offending party that the complainant would assert his or her claim for relief-, and (4) injury or prejudice to the offending party in the event that the relief is accorded to the complainant. N.Y. Town Law § 267-a (Commentary: McKinney) The Town Planning Board's representatives participated in the litigation against Vineyard 48 in 2012 which identified the activities which the Town deemed objectionable. The Planning Board thereafter participated in and directed the site plan review process for a period of 10 months with the property owner. Now, at this late stage in its review process [after the close of RECEIVED • • SEP 2 6 2013 BOARD 1 01ARR ] to complain of the alleged activities at Vineyard 48, as not being permitted, constitutes dilatory and obstructionist actions by the Town Planning Board. The Planning Board has chosen to suspend its continued site plan review which is yet another effort to delay and obstruct the timely review of the application before it. The Planning Board also has implored the Town Building Department not to issue permits for any tents on the premises [even though such temporary structures are authorized as a matter of right under the NYS Building Code] All of these actions are evidence of the Town Planning Board's "bad faith" as it fails to perform its legal duties as dictated by the provisions of the Southold Town Code and NY Town. This appeal prejudices the interests of Vineyard 48 which has proceeded in good faith with its site plan application before the Planning Board. Throughout 2012 and 2013 the property owner has undertaken several measures to respond to the objections raised by the Town and neighbors all taken in good faith and at no small expense to the owners. The Planning Board's last minute effort to circumvent the proper procedure set forth in both the NY State Town Law and the Southold Town Code smacks of bad faith by the Planning Board. The instant application to the Zoning Board is the product of the Planning Board's dilatory actions and is untimely. 3. Planning Board's memorandum / application is not for "an interpretation of a provision of the Town Code" It seeks to invalidate Certificates of Occupancy held by a particular property owner. The Southold Town Code authorizes a town board or agency to seek from the Zoning Board of Appeals a determination of "the meaning of any provision in this [zoning] chapter or any condition or requirement of this chapter. Southold Town Code § 280-146(D)(1). The Planning Board Chairman's application to the Zoning Board does not seek a determination of a the meaning of a provision of the Town Zoning Code. It seeks to challenge the determination of the building department and the Town Code Enforcement Officer which have approved the winery and its accessory uses. If the application were truly one for an interpretation of a provision of the Town Code, this application would not be targeting a particular property owner. This application included the posting of the notice of this public hearing on the Vineyard 48 property and, upon information and belief, the mailing of neighbor notices to the surrounding property owners. None of this constitutes the manner in which to seek an "interpretation" of a provision of the town's zoning code as purportedly sought by the Planning Board. Instead, the Planning Board is asking this Board to disregard the legal import of Certificates of Occupancy held by the property owner. The owners of Vineyard 48 hold Certificates of Occupancy for the buildings and uses on the subject site. This "interpretation" request is an improper and invalid effort to disregard the uses of this property which are afforded protection under state law, and the NY State constitution and US Constitution. These property rights are valuable and cannot be taken away in the cavalier manner in which the Planning Board's actions seek this Board to sanction. RECEIVED ~ ((J I) R~ SEP 2 6 ?r., 4. Vineyards and wineries throughout the Town of Southold. BOARD OF APPEALS The winery industry and other agricultural uses throughout the Town of Southold are engaging in new and creative approaches to marketing their industry. In Southold, wineries now host art auctions, banquets, food trucks, live music, corporate meetings, and weddings [complete with music and dancing] with the serving of alcohol in accordance with NYS Liquor Authority regulations and approval and other activities recognized by the NYS Department of Agriculture and Markets. Some hold "yoga in the vines", 5k runs, as well as food tastings with wines from around the world, all to draw the public to support these agricultural businesses. Vineyard 48 provides indoor and outdoor activities on a seasonal basis just as the other agricultural and winery businesses in this town do. The uses attract customers arriving by passenger car, bus and limousine. These uses are not unique to Vineyard 48. In fact, the Town of Southold is promoting the use of bus transportation to take visitors from winery to winery. Bus and limousine companies as well as the Long Island Rail Road advertise "wine country" tours. The growth of these businesses and the impacts both positive and negative require a comprehensive approach by the local municipality. 5. Zoning Board is not a legislative body. The instant application is an ad hoc approach asking for this Board to legislate uses of agricultural property in the Town by addressing one particular property. This is an improper exercise of this Board's authority. The legislative body is the duly elected Town Board which must consider land use legislation in the larger context of the Town's master plan, and comprehensive planning studies, while, at the same time being cognizant of the multiplicity of regulatory bodies which govern agricultural uses in the State of New York including the NY State Liquor Authority and the Department of Agriculture & Markets. CONCLUSION For the reasons set forth herein together with the presentation, this Board should reject the interpretation application presented. Patricia C. Moore, Esq. William D. Moore, Esq. Attorneys for Vineyard 48 51020 Main Road Southold, New York 11971 RECEIVED SEP 2 6 2013 BOARD OF APPEALS 4 5 i • ~n~~5 'Wine pectator SRP 2 6 6 2013 2013 Home> Learn Wine BOARD OF APPEALS ask dr. vinny Hello there! I'm Dr. Vinifera, or "Ninny" for short. Ask me your toughest wine questions, from the technical aspects of winemaking to the fine points of etiquette. I hope you find my answers educational and even amusing. Looking for a particular answer? i Check my archive and my FAQs. Dear Dr. Vinny, 1 would like to start storing and presenting cigars openly in my wine cellar. Will it hurt my wine to store the cigars in the cellar side by side? -Chris More from Dr. Vinny Dear Chris, Wednesday, September 18, 2013 It won't hurt your wine, but it might hurt your cigars. I checked with Gordon Mott , How do you pronounce Pinot executive editor of Cigar Aficionado, and he says that the ideal condition for cigar Meunier? storage is a 70 degree temperature at 70 percent humidity, which roughly matches Monday, September 16, 2013 the growing conditions of the tobacco. What's the difference between However, the ideal storage for wine is 55 degrees at about 70 percent humidity. This "viticulture" and "viniculture"? means that wine cellar temperature is generally too cool to store cigars. Why would Friday, September 13, 2013 that matter? Well, for one, humidity is also relative to temperature. I know it sounds How much wine do I need for my like magic (it's science!) but for every drop in temperature degree below the ideal for pre-wedding party? cigars 70 degree temperature, you need to increase the humidity to keep cigars properly humidified. If the air is too cold, it won't be able to hold enough moisture in suspension. So at 55 degrees, you'd need about 80 percent humidity. Over the long More from Ask Dr. Vinny term, your cigars are likely to dry out in your wine cellar. The good news is that cellars aren't awful for short-term cigar storage, and that cool temperature will prevent the hatching of any dreaded tobacco beetles (ew!). See Also: -Dr. Vinny Dr. Vinny's Archive: All past questions Frequently Asked Questions Do you have a question for Dr. Vinny? Ask it here... Wine Basics How-to Videos We break down the basics-how Learn to taste wine like a pro, pull to taste, serve, store and more. a cork with flair, get great wine Plus: service in a restaurant and more u Maps of major wine regions Grape variety characteristics Wine Spectator School: All courses are FREE for WineSpectator.com Members Learn from the experts and get the most out of each sip. Take one of our online courses or take them all-from the ABCs of Tasting to in-depth seminars on Food Pairing, California Cabernet, Bordeaux, Tuscany, Sensory Evaluation and more. Browse our course catalog Check out the professional wine sales and service courses Learn Wine Forum: Got questions? Get answers j RECEIVED 5EP 2 6 2013 BOARD OF APPEALS AMU- 4i # e , r`S•..a L Pya iMNES . When it names to fine wines, the world's priciast bottles are among 11e freet', Imetyne appyit9 dry oat ofthesp ktbub*wnas ~ - • Screaming Eagle Cabernet (ff~2l--hnaa sold for as much assStX'.,OBO +q Chateau Chevy Blanc (1947) .-has soldfor as much as Sys 375 • ShiPwmc,*ed Heidsiuck (IW) - has sold for as muck as 5275,000 chateau I.a" 'I 7V) has sold for as much as $160.000 - -.r ° = rye ..Chateau Moaot-RwhscW Jeroboam (1945) has sold for as mudfes $1114 Exquisite and collectible, erese rare vintages can still be tomb - and LovistrHakits Will help you 11600*01 - - s Care to sainpta more tha11 SBoo wipes aM meet dozens ofisi namakeafr J Kim Boston Vvine Expo wuch is a weeklong cHebrahon of Bran wine and food Fir exua 4+~e a i` v It+'ttlprii'b+&,al.w(he•expus corny if you prefer to Cetegkate your levishlifestyle with cigars, ceuM on t aveh ftablea ax MWlaartdgtmna. From backing down f` x"i 4.; x limited releases and pre-eftergo Cuban agars to cigar dubs. dger revlean:: tips acid more i.w5(shl4abb Is your one-soil w - destination. Whether you're craving abaft of Screaming Eagle Cabernet. Chateau Chavai static or another expensive wine or prefer to finish your meal with an exquisite cigar. Lavish Habits anticipates your every need CIGARS t If you Per to your lavish lifestyle with cigars, count On Lavish Habits for recommendations. From tracking down - limited releaaeap r-embargo Cuban cigars to cigar dubs, cigar reviews, tips and more. Below aresom of the world's most expensive cigars, -1. Gurkha Black Oragon -,$1.150 The most expensive cigair-offfie list is the first production of Gurkha Black Dragon. Only five hand carved cimN bone cheats of one hundred cigars. The cigar :arkes In one size. 6.5' by 52. One chest can be yours for $115..000 The second released "similar"blend is $10 to $15 a spar. - - - 2 Gurkha His Majesty's Reserve - $750 Infused with Louis X111 Ccgnac, only 100 boxes a year are produced and defied out - personally by the company owner, K. Hansotia. it is TV by 52, and at $750 per cigar. a box of twenty will sal you back a coo: $15.Mri s. "~chtba PA*" $470 The first run of the Behike. was retessed ::r 20N. Or* hundred custom humidors of 40 were released ' with serial numbered hands and a total obst of $16.000. The cigar is 7.5" by 52 ring gauge and is bang re-reysssad as a different blend We year feu about $50 a stick. ' r 4 Muro FUW*431 4 X *,.#19.00 A Ripe O s cigar at92 10 pildga, and Om of the rarest m the ? 0*14 ayisr. and is - Available omy* . Thrs gs! lees not ~ Putif a Cha'* colleawnar.. .unRiM+batpoCubangp;rrs.a;, a #Woh9ap moi~ rarw Pike if is also srynorpa 4d, - ' nPK of a c4ars listed are of Cuban ofggmut end stir ,,K b> fi¢('MgttnRnaeon o*. 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All Rights Reserved ti x x s F vs„~a " ` rye •=t Red Wine Diva It's a Wine Life: Musings and Tastings RECEIVED SEP 2 6 2013 Wine & Cigars BOARD OF APPEALS 26 JUN 2013 Leave a Comment by Red Wine Diva in American Dream, Red Wine Diva Media Samples, Sangria, South American Wines, Spain, Wine Gifts Tags: Cuban Cigars, El Campesino Foundation, Sangria, to-ca-ron Trading Company Everybody has a story to tell; sometimes they have an audience and sometimes they don't - AND sometimes you create your own venue and let the audience come to you. This is what Juan Carlos & Isabella Jimenez have done. Six months ago they opened "ta-ca-ron (http:llwww.tacarontradingcom/ti)". They now have their piece of the American Pie and the audience for their story. I was driving home from Beaufort the other day and in typical Red Wine Diva fashion, I spotted a sign for "Boutique Wines" and knew immediately, I would have to pay a visit to this store. Juan Carlos, a marine biologist specializing in whales, left Cuba on April 19 (not sure what year) to find a better life. Well he did more than that, he found a partner to share that life with. When Carlos and Isabella got married, Carlos packed up and moved from Florida to Arizona, Isabella's home. After six years, he missed the ocean and the marine life he had studied and worked so closely with for years. He convinced Isabella they should head back to the East Coast. Their intent was to visit major cities along the coast and find the one that suited them best. Driving south from Charleston, they decided to take a detour through Beaufort. It was December 30 and most everything was closed. The only thing they could find open for dinner was the Breakwater in Beaufort. The place was packed with no seating room so they opted to sit at the bar. You learn a lot about people and places sitting at a bar. Three bottles of wine later, the couple had decided that the quaint, beautiful, historic Beaufort would be their new home. Ta-ca-ron is still a work in progress. Today they specialize in gourmet condiments and sauces, specialty beers from around the globe, Latin coffee, boutique wines and the most unique gift items. But let's not forget the cigars - they really specialize in cigars! Carlos actually owns a factory in the Dominican Republic where Cuban seed cigars are manufactured. Originally the cigars were only sold at wholesale but today to-ca-ron has limited hours where they are open to the public and these . ilg rs can be purchased. • • The cigars are where the stories come in. Each cigar is named after an event or a story in Carlos' life. Ta-ca-ron's premier cigar is an anniversary cigar called 4 / 19. RECEIVED SEP 2 6 2013 a BOARD OF APPEALS (httl2s: www.facebook.com / pages / tacar%C3%B3n-trading= company/ 109518265874936?fref=ts) 4119 - Carlos' Anniversary date of leaving Cuba The next cigar represents a Chevrolet Impala owned by Carlos' father. The Impala mysteriously went missing without any trace of what happened to it until they saw it being driven by Castro on TV. A few weeks later it mysteriously reappeared (crashed) back home. (http: / /www.tacarontrading.com/) Proud of his heritage, Carlos also sells items that represent his family. This private label coffee shows his Mother and Father dancing. RECEIVED SEP 2 6 2013 BOARD OF APPEALS (http•/ /redwinediva files wordpress com/2013!06/coffee.' g) Carlos and Isabella are very philanthropic and believe in giving back. They have created their own Foundation, El Campesino Foundation. Funds raised through this foundation provide shoes for less fortunate children in the Dominican Republic. f http• / / redwinediva files wordpress com / 2013 / 06 / foundation RE IC IVED SEP 2 6 2013 BOARD OF APPEALS (http: redwinediva.files.wordpress.com / 2013 / 06 / shoes jpgl Juan Carlos visiting the children Ta-ca-ron is in the process of setting up a wine boutique to go with their cigars. They already have a few wines on the shelf and have more coming in. Once again, celebrating their heritage, the wines will come from Spain, South America - and beyond. Lredwinediva.files.wordpress.com/2013/06/sangria..jl2g) Sangria reminiscent of the Spanish Sangria Carlos' Father used to make. kFCEIVED SEP2 6 71;3 BOARD OF APPEALS (http: / / redwinediva.files wordpress com / 2013 / 06 / vnho-verde jpgl Gazela Vinho Verde Typical hours for ta-ca-ron are Thursday thru Saturday but I have it on good advice that if you see a little red convertible outside any day of the week that you are welcome to come in and browse or visit. You'll be glad you did!!! Cheers to Juan Carlos & Isabella for living the American Dream!!! About these ads (http //en. wordpress.rom/about-these-ads/) Blog at WordPress.com. • The Koi Theme. Follow Follow "Red Wine Diva" • Powered by WordPress.com RECEIVED SEP 2 6 ni BOARD OF APPEALS • Home • Products O Cigars ¦ Featured Cigar ¦ Cigars In The Humidor ¦ Accessories ° 'i eS ¦ pim ¦ Pipe Tobacco ¦ Accessories o Wines ¦ Featured Wine ¦ Wines In The Rack • Sparkling Wines & Champagne RECEIVED • • Information SEP 2 6 2013 • References ¦ About Cigars BOARD OF APPEALS ¦ About Wine ¦ About Pies ¦ Links a Schedule of Events • Monthly Newsletter • Previous Newsletters • Tour AVVA • Contact Welcome to AVVA Cigars & Wine "AVVA" means "Inclusive Excellenceor "Excellence in all we do". It is our firm desire to provide the best products, and the best customer service you can rind anywhere. To that end, we have created a wonderful mix of products and atmosphere for your shopping and relaxation. The staff at AVVA Cigars & Wine truly cares, not just about the product, but about our customers as well. Come visit us, peruse oar wine selection, take a walk through one of the largest humidors in Oregon, pick a fine cigar and sit back and relax. Featured Cigar Featured Wine Events Our featured cigar currently is the Our featured wine is the Ghost Events at AVVA Cigars & Wine Cain Daytona. This cigar from Pines Merlot, a blend of Napa and are definitely not to be missed! Studio Tabac is a "Straight Ligero" Sonoma California County grapes. Each month a special cigar is with a twist. The regular Cain's are This wine fairly drenches the palate featured, along with a fine wine, a blend of Esteli, Condega and with fruity, lightly spicy flavor on a specially chosen to enhance the Jalapa ligero, but the Daytona is sturdy base of richness, complexity flavors and smoking experience. Straight Jalapa Ligero which lends and balance. Specializing in very Additionally, new or unique wines a smoother, sweeter smoke. The well developed blended wines from may be featured as well as ports or Cain Daytona comes in five sizes various American Viticultural dessert wines. and is a favorite among those who Areas, Ghost Pines delivers a seek deep, full and rich flavors with Merlot that is sure to surprise and For more information and a a slightly sweeter finish. Stop in, please. schedule of events, click here grab one and enjoy the Cain Experience! Read more... Read AY'VA Cigars & Wine has the best selection of wine and cigars I have seen in the Willamette Valley, and the staff is top notch!." -Rocky Join Our Mailing List! Contact Us I Terms of Use I Trademarks I Privacy, Statement RECEIVED Copyright © 2010 AVVA Cigars & Wine. All Rights Reserved. SEP 2 6 2011 BOARD OF APPEALS Cigar & Wine Pairings Cigars Famous Smoke Shop • Page 2 of 2 e Home a S- a Cigar& Wine PMah,s Cigars Cigar & Wine Pairings Cigars Cigar & Wine Pairings Cigars Description Nifing . SpOrNivis Wine t tloa $ 35.99 Rea wince o0ers considerable compatibility with premium cigars. Wtete wine is generally more delicate c in flavor and aroma ban red, IeaWrtg less room for nr q_:2 ra e_, error. Wine roaE is often fighterbodied and delicate, MMUM all wiaee wawa a sparkling wines' bubbly teatwe gives it more sevcture, r'tiar p.irne-~. $ 35.99 and thus a greater ability b play rvoely with a range of cigars. FWier bodied cigars are recommended with h2Q o~ev°: S fortified winces end brandies, whose mnsiderede LIaM'-"-" WYlee WMe ¦ - alcohol conteM and sweetness are a natural clear Nreyir» s...et» $ 35.99 complement fo wen-aged tobacco. Buy g &Wi Peannor, Ckers chine at discount prices here at Famous Smoke Shop - your source for Ado l r vu., Cigar & W9ne Pairings Cigars. FW Botl1eA WhNe Wiest sale Flr~cjs 091261 ,3! $ 29.95 Other Brands by Famous Brands gale Price Ratih Price: a 95.02 Nndros AnG W' S' qr Onstej rolOSSaI iumyO~lldthplls V Customer Reviews Currently there am no reviews for this brand. Other cigar brands of interest / h..Idental Naas G erne emu., Adr of ant ierplPytwa_y IQ sll ros 6 AcCN. _gra to Erctl -F1rie Roca Pey VaIHR,th RECE7 5tz Viari to rlm ti [rc 4000 R.roac -JUILl bb *o[ flLl. 1 CAlel or Montacnsic Ref."grvaiq l- La VreLHWana CO Peddomo Fstule bete _h. nLeeo 3e haC, ld reNgl , F~ dUxdSC iw a .ds Lob SEP 6 201,3 BOARD OF APPEALS toile Cows i thni y oar A e »ma pnNe painji Chadildral$ I M Aeewnr Mvsniooino AtlNasaes I u Pm,m Add,y~s ilvemtPraaaanr,, `W'SEr CURE. 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Tdl Free: 1A00.li842CB8 ' orKaIX s '%04Y Vramem GWnmoYmunt Nire¢ Enter Keyword or Brand CIGARS HUMIDORS ACCESSORIES SALE MY ACCOUNT VIEW CART to hems 1 $0.00l RECEIVED SEP 2 6 ZOi3 BOARD OF APPEALS http://www.famous-smoke.com/brand/cigar+and+wine+pairings+cgars 9/23/2013 . ro- a 1 ionado 419-873-4444 The Shoppes at River Place i 26567 North Dixie Highway Perrysburg, Ohio 43551 Welcome to Aficionado Wine and Cigars 1200 Wines * 500 Cigars * 150 Beers Wine & Beer Tasfing Best Buys of the Month Schedule! Click here for our monthly best Click here to view our wine buys. tasting schedule. Wines On Sale Now! New Cigars Last Month's in the Humidor! Wine Tasting Winnersl Click her and Save $ Click r to view what is The wine tasting New in the Humidorf winners are chosen by our customers and staff. Click here to view last month's winners. - sy RECEIVED 'Aft SEP 2 6 20t'~ ~it~_ ¦ BOARD OF APPEALS • Sign up for our Email Newsletter co For Email Newsletters you can trust twikk@f Afi ionado Store Hours: Tuesday - Thursday: 11 am to 8 pm Friday & Saturday: 11 am to 9 pm a ~ . onadc~ Sunday & Monday: Closed Check out our store video below: RECEIVED SEP 2 6 2013 BOARD OF APPEALS Toledo Ohio Web Site Desian By Webcasters.com Copyright 2009 Aficionado Wine and Cigars & Ohio Media, Inc. Toledo Ohio Web Site Hosting By Webcasters.com r ~ 1 r New From Cigar Aficionado--News Watch. Get Your Free Email Newsl tt r. Home) New_ s Features.u RECEIVED The Art Of Wine And Cigars SEP 2 6 20N Distinguished and In Demand, Caymus Cabernet Sauvignon is the Product of One Family's dogged Determination BOARD OF APPEALS Jeff Noroan From the Print Edition: SVlveater Stallone Me rAO 98 Tweet Chuck Wagner drives a vintage 1967 turquoise Chevy pickup alongside his Napa Valley vineyard, its wheels kicking up rust-colored Rutherford dust--a fine powder assigned mythical powers by certain local grape growers. "It's still got its original paint," the square-framed, sandy-haired winemaker says proudly of his vehicle. Among automobiles it's a minor victory of tenacity over time, but if Wagner wants to talk perseverance and heritage, he need only look to his own family's history. Each generation has faced challenges--from the devastating 1906 earthquake that destroyed San Francisco, to Prohibition, and even a vicious attempt on Wagner's father's life--weathering them all through vision and hard work that have made the clan's Caymus Cabernet Sauvignon one of the most revered red wines out of Napa Valley today. Wagner is a fastidious sort who pays attention to detail. The 46-year-old winemaker runs a tight ship at his family's renowned, yet spartan, winery in the checkerboard vineyard town of Rutherford. He carefully follows the progress of each aging barrel of valuable wine, which can sell for as much as $100 a bottle. "We know our Cabernet is special," says Wagner. "The distinctiveness is partly related to soil and partly to wine-making techniques." Wagner's simple, yet spacious, 15,000-square-foot barrel room is packed to the ceiling with quietly maturing wine. Next door to the impressive structure sits a tiny, unobtrusive cinder-block building 12 feet wide and 22 feet long--a modest 264 square feet. "This was our old barrel room.," Wagner explains, leading the way to a cool, dark and windowless lair that now serves as his office. Family pictures line the walls. The ceiling is covered by a three-dimensional topographic map of California, where Wagner likes to point out what he considers will be the next great wine-growing regions of the state. (He's betting on Monterey County and the Paso Robles area.) The old barrel room is also a good place to store cigars. Taking up a significant portion of Wagner's desktop is his custom-made humidor, by the French firm Elie Bleu. Part of a special edition (Bleu made only 20 such humidors in 1995), Wagner's is number 15. "A good cigar is like a great wine," he says. "Once you finish a glass, it calls you back for another." Wagner's metaphor is spoken with the authority of someone for whom good taste is a way of life. He then pauses like the proverbial kid in a candy store before his tidy collection of mostly Cuban cigars. "There's nothing quite like a Cuban cigar," he says, lifting a smooth-wrappered Partagas from his humidor. Lined up neatly along the humidor's Spanish cedar interior lie rows of hand-rolled Cuban Bolivars, El Rey del Mundos, Cohibas, Montecdstos and H. Upmanns. Visually, both humidor and its contents make an arresting display of fine artisanship. Before purchasing his humidor, Wagner kept his cigars scattered about in small boxes. "I needed to either build another room or get a bigger box," he recalls. While the humidor wasn't cheap, it cost less than building an entirely new room. He'd already done that years ago to make space for more wine barrels. The story of Caymus Vineyards' nse to prominence is part of the wine phenomenon called Napa Valley, a singular spot so well suited to grape growing that nearly every inch of the 30-mile-long valley appears to be reserved for vineyards. Napa's uniqueness has long been apparent; by the late 1600s, more than 150 wineries graced the valley. Some, like the once mighty Inglenook, made wines that were not only the toast of cities like San Francisco and New York, but also of Europe, where they won wine competitions and the attention of many curious consumers. However, Prohibition nearly killed the California wine industry. When Robert Mondavi opened his eponymous winery in 1966--some 33 years after Prohibition's repeal-- barely six wineries in Napa Valley had nationally distributed wines. Today, some 240 wineries dot the valley, making wines with reputations now beyond reproach. In Napa Valley, Cabernet Sauvignon is king. This hardy grape, originally transplanted from Bordeaux's gravelly soils, has taken well to its adopted home in California. The hot, dry growing season and rocky, red dirt in Napa yield ultranpe grapes. It's safe, if controversial, to say that the best of the crop produce wines offering power and richness not regularly achieved by their counterparts from France. We continue to look at Bordeaux ffor inspiration]," Wagner says. "But we don't try to emulate what they do there. We try to make wine in our own style." The Caymus style is one that has evolved with time. The lush, 73-acre vineyard that produces complex and dynamic Caymus Special Selection Cabernet Sauvignon is plPntesiron 4and once dedicated mostly to walnuts, a * s for prune-making. • Chuck Walker's Alsatian grandfather, Charles, arrived in California in 1885. He settled in San Francisco, working in a brewery until it was destroyed by the great earthquake of 1906. The family patriarch then took his life savings--$9,000 in gold coins--and moved to what he hoped would be more solid ground in Napa Valley. There, he bought land to grow potatoes, tomatoes, squash and hay. He grew grapes as wall, and in 1915 he opened Wagner Winery. However, Prohibition soon closed the winery's doors, officially at any rate. "My grandfather continued to farm prunes, walnuts and some grapes," Chuck says. "He sold a little beer and wine illegally, too." It wasn't until 1943 that Chuck's father, Charlie, now 85, bought the acreage known today as Caymus Vineyards. Charlie got a good price on farmland that he had been renting for several years. The spry octogenarian still knocks about the property in a big straw hat, blue jeans and suspenders. The soil was rockier on the new land than at the old farm (which was sold in 1963). Rocky soils offer the kind of porosity that grapevines crave, and yet Charlie Wagner planted additional fruit and nut trees. Though Wagner had a taste for his own homemade wine (fermented from Pinot Noir picked at his neighbor's vineyard), grapes were not yet part of his grand design, By 1965, the market for prunes and walnuts was weak. Grapes looked more promising, and Charlie pulled all his fruit trees up to plant a mix of Pinot Noir, Riesling and Cabernet Sauvignon vines. Ultimately, it became apparent that Cabernet would yield the most exciting, full-bodied wine. Before his new vines could produce a commercial crop, however, Charlie had a near-fatal experience that affected both his and his son's future. In 1966, a disgruntled, mentally unstable former employee showed up on the property with a .22 caliber rifle and pumped six bullets at point-blank range into Charlie's body. He then shot himself in the head. Miraculously, both men lived, although it took Charlie a year to fully recover. Chuck, 14 at the time, was working only part-time for his father, and his two older sisters were not involved in the day-to-day operation of the vineyard. "We didn't have enough money to hire help," Chuck recalls, "and I realized I would have to help out a lot more." It was the beginning of Chuck Wagner's practical education as a grape grower. By 1970, the Wagners were making a reasonable profit selling grapes to local wineries. But they had some financial revue~~.f 1 causes like flooding. "We thought about selling out," Charlie recalls. He found a potential buyer who was ready to pay $3,000 an acre--not a bad p4~f =ven though Na vineyard land today is worth $40,000 to $60,000 an acre. The deal fell through. S EP l~ Meanwhile, Chuck had entered junior college, but lacked direction. He wasn't sure he wanted to remain a farmer, and hiss ttu ud ss 7 ' fJUdi(/ng nowhere. 1 was not a good student," he admits. BOARD OF APPEALS It was Charlie who first saw the importance of making wine at Caymus. With its higher profit margins, wine could take farming to a more lucrative level than grape growing and also bring his son back into the fold. Chuck went for the bait. He quit school and joined his father at the new Caymus winery, named after an Indian village once located near the vineyard. "Chuck didn't really know wine then," Charlie says. "I don't think he even cared much for it." But that would change, as the younger Wagner improved his tasting and wine-making skills. "You see the result today," says his father proudly. Nevertheless, the early years at the Caymus winery were difficult. "It was hideous," Chuck recalls. Conditions were primitive at the fledgling operation, where the father and son team started out with a hand-operated grape crusher and three redwood tank fermenters. They bought used barrels from Beaulieu Vineyard and Inglenook. "We were like clowns. We wouldn't even run into town to buy a good screwdriver," Chuck remembers with a smile. He and his father preferred to forage around the property for old parts and tools. After all, it's a time-honored tradition for farmers. "I was ashamed to tell my friends about what we were doing. How could we compete with [big names at the time, like] Charles Krug and Spring Mountain?" The Wagners made some good wine on their own, particularly in 1973 and 1974. In 1975, they hired Randy Dunn to help in the cellar for their fourth vintage. "In those days, [winemaking at Caymus] was by guess and by golly," Dunn reminisces. "Charlie was basically a farmer." The family's home-winemaking tradition had not fully prepared them for a commercial endeavor. Dunn, who remained at Caymus for 10 more years and now makes his own highly regarded Dunn Cabernet, was an entomologist (a zoologist who studies insects) who had also minored in winemaking and biochemistry at the University of California at Davis. With the aid of Dunn's science background and additional help from various local winemakers, Caymus refined its cellar techniques while developing the smooth, sleek style that it is known for today. "That [decade with Randy Dunn] was our great learning curve;" Chuck Wagner says today. Dunn believes that the secret to both his own and Caymus's success stems largely from the high quality of each winery's raw materials--their Cabernet grapes. "We're not doing anything special [in the cellar]," he says modestly. "We're blessed with good fruit." Given the consistently favorable Wine Spectator reviews of Caymus Cabernets going back to 1973, Dunn's hypothesis rings true. Caymus made 250 rases of Cabernet Sauvignon in 1972, its first vintage, and sold the wine for $4.50 a bottle. The 1994 vintage, its most recent, costs $36. Caymus Special Selection--a limited reserve production wine made exclusively from the home vineyard--weighs in at a hefty $100, and total wine production (which features wines like Sauvignon Blanc as well) is now up around 70,000 cases. The numbers do not include other wine ventures to the south in Monterey County and Paso Robles. Chuck farms a 100-acre vineyard in Monterey called Mer Soleil, from which he makes a richly textured Chardonnay. A newer partnership with longtime Paso Robles growers--the Hope family--will yield a red table wine called Treana, made from Syrah, Cabernet Sauvignon, Merlot and Sangiovese grapes. Looking back over the years, Chuck says, "We tried really hard, and we haven't stopped." His expansion into Southern California is meant to assure not only his, but his four children's economic security. "When you come from humble beginnings, you don't want to return," he adds. While hard work is clearly a factor in the Wagner family's success, they were fortunate to own a choice piece of land at a time when California Cabernet was about to take off. In the early 1970s, California was better known for Gallo and Paul Masson jug wines than its premier varietal$ A turngioint occurred in 1976, when a contest wap in Paris, pitting a group of California Cabernets ar rdonnays against famous Bordeaux chateaus and f,w Wg undys. At the now famous Paris Tasting, Califo undly trounced the French, much to the chagrin of th nch judges, who had tasted "blind," without knowing the wines' identities. A Time magazine article about the tasting catapulted California--and Napa Valley in particular--into the public eye. Stag's Leap Wine Cellars, just a few miles down the road from Caymus (which also was a contestant in the Paris Tasting), placed first among the Cabemet-based wines. Its 1973 Cabernet Sauvignon beat out such stellar French chateaus as Mouton-Rothschild and Haut-Brion. "Ballistic is a word that has been used," says Stag's Leap owner Warren Winiarso to describe the Paris Tasting's effect on his own wine's reputation and sales. "People have never stopped talking about the event" Given Napa Valley's inherent ability to grow extraordinary Cabernet Sauvignon, it's no wonder that a short drive from either Caymus or the Stag's Leap Wine Cellars leads wine travelers to any number of outstanding Cabernet producers: Mondavi, Opus One, Dominus, Dunn, Diamond Creek, Spottswoode, Chateau Montelena, Silver Oak, Heitz, Shafer--the names roll off the tongue as smoothly as the wines. Both Napa's vine-studded valley and surrounding mountains offer optimum conditions for coaxing exquisitely ripe, enduring flavors out of this assertive, domineering grape. Great wines have brought even greater growth to the valley, and Napa is now a far cry from the sleepy farm region that Chuck Wagner's grandfather moved to in 1906, The towns of Yountville, St. Helena and Calistoga sport trendy boutiques and restaurants that cater to throngs of travelers who have picked this area as their number one wine destination. Yet Napa's valuable monoculture securely anchors the region's cosmopolitan airs to its agricultural heritage. Walk into Tra Vigne, for example. This polished Italian restaurant in St. Helena keeps a decidedly local spin on its excellent wine list, adding only a respectful nod to the wines of Italy. On the walls hang photographs of early Napa Valley wine settlers. One turn-of-the-century image features a handsome group of vintners, one of whom was general manager at the time for the famous Inglenook winery. (Inglenook produced some of Napa's greatest Cabernet Sauvignon before its name became associated with a jug wine brand in the 1970s. Filmmaker Francis Ford Coppola now owns the Inglenook property, which was first planted in 1879 by a Finnish sea captain and fur trader named Gustav Niebaum. It is now called Niebaum-Coppola Estate.) The Inglenook general manager, Lafayette Stice, smiles at the camera. Originally from Scotland, Stiw found his way to Napa, where he married a local girl named Sarah Belle Turner. Their granddaughter, Lorna Belle, married Charlie Wagner, and later gave birth to Chuck. Now, when Charlie or Chuck eats at Tra Vigne, he can order his family's wine while gazing at a piece of the family photo album. Holding a neatly burning Partagas, Chuck is thankful for his and his family's hard-earned good fortune. He knows it rests on the continued success of Caymus Cabernet Sauvignon. In 1993--considered a weak year in Napa Valley--Chuck decided that quality was not high enough to release a Special Selection Cabernet. The best lots from the vintage were declassified and blended into the regular Cabernet. It was a difficult decision, but one that preserved the integrity of the label. Chuck applies the same premium on quality to the cigars he smokes. "One inch of a bad one--and you've got to put it down." That's why he prefers Cuban cigars. 1 don't know if other cigar regions will find the magic of Cuba," he sighs, wistfully. Nonetheless, Wagner appreciates variety in a smoke. "I don't know anyone who enjoys just one cigar or just one wine." Where does he get his Cubans? "Everyone has his sources," the winemaker responds coyly. "I don't smoke them daily, but I enjoy them regularly." With Napa Valley as his backdrop, Chuck Wagner's regular smoke would be the envy of most cigar aficionados. "My favorite memory is of a Montecristo No. 2 Cabinet selection , a torpedo," he says. The winemaker describes a quiet evening on his porch by the vineyard that has been so good to him. The cool night air, the whispering vines and the history under his feet conspired with the flavors of the gently burning torpedo. "It was truly a great cigar," he remembers. "Kind of like that great bottle of Burgundy that you can never find." Clearly, Wagner has found his niche in the world of wine. It, too, is filled with superlatives. Jeff Morgan is the West Coast Editor for Wine Spectator magazine. Share I You must be logged in to post a comment. RECEIVED Log In If You're Already Registered At Cigar Aficionado Online SEP 2 6 'M, ? Email: I BOARD OF APPEALS Password: I -I (case sensitive) Keep me logged in Log In Forgot your password? Not Reaistered Yet? Sian up-4s FREE New York State Liquor Authority Page I of 1 _ _ ba' Forms Quick-Find ~ AM RIM Help Public Query - Results a„ ? `X V/ A ArWrew M Cuomo, Governor License Information 14J Dennisemmun Serial Number: 1154716 "C ]eanlque Greareene, , Commissioner License Type: FARM WINERY `10 f~ j~ Home License Status: OPERATING UNDER SAPA ~,A Public License Query Credit Group: Filing Date: 07/22/2004 O pf? Wholesale Effective Date: 10/01/2010 Expiration Date: 09/30/2011 9AA,c~ Premises Information r METZ, MATTHEW BORTONE,CARMINE Principal's Name: aarh LAMANNA,BARBARA a r • ' LAMANNA, MARY JEAN pAUf+irra°r Premises Name: JOSEPH PAUL WINERY INC u' •pe., Trade Name: VINEYARD 48 i.rrr4a1 u : Zone: 1 w d 7 Address: 18910 COUNTY ROUTE 48 n rr4 na. ALYAH'S LANE 8 DEPOT LANE u..- naa 19, a t z u rtia CUTCHOGUE, NY 11935 ry.riry' un.: t~'. as a!aa: County: SUFFOLK r; Y a! li it I 1 a t • arr You can select one of the following links to perform another search: { A. I • Search by Name • Search by License Number • Search by Location • Search by Principal • Advance Search Disclaimers ~ Confidentiality I Privacy i Security New York State Liquor Authority • 80 S. Swan Street • 9th Floor • Albany, New York • 12210-8002 linty://www.trans.abe,state.ny.us/smlet/ApplicationSmld?pageName~ m.ibm nysla.data.publicquery.PublicQnerySucces fu]ResultsPage&validated=tmc&serial_. 926/2013 New York State Liquor Authority Page 1 of 1 s 4 ~ ~c I I ~ i Forms Quick-Find: Wholesale Forms Retail Forms Help 'P~c g5 b w a Public Query -Results l Andrew M Cuomo, Governor License Information V /O ~O Dennis Rosen, Chairman Serial Number: 1154716 ]eanique Greene, Commissioner License Type: FARM WINERY ~ 1QJ Home License Status: OPERATING UNDER SAPA 0 Public License Query Credit Group: 9,0.0 Filing Date: 07/22/2004 F / Wholesale Effective Date: 10/01/2010 Expiration Date: 09/30/2011 Premises Information P 1 n „r . METZ, MATTHEW BORTONE, CARMINE 3i Principal's Name: MANNA, BARBARA LAMANNA, MARY JEAN Premises Name: JOSEPH PAUL WINERY INC Trade Name: VINEYARD 48 Zone: 1 Address: 18910 COUNTY ROUTE 48 ALVAH'S LANE & DEPOT LANE CUTCHOGUE, NY 11935 County: SUFFOLK You can select one of the following links to perform another search: • Search by Name • Search by License Number • Search by Location ' • Search by Principal • Advance Search Disclaimers I Confidentiality I Privacy I Security New York State Liquor Authority • 80 S. swan Street • 9th Fbot • Albany, New York • 12210-8002 http:H/ trans.abc.stazeny us/servlet/Applic fionServld?pageName= m.ibmnysla.data.publicquery.PublicQuerySuc wfulResultsPage&validated-r e&serial... 926/2013 uV s c- TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK AFFIDAVIT OF In after of the A S ation of / MAILINGSC~.rOI fi ul ~S (Name of Applicants) SC('M Parcel # 1000- COUNTY OF SUFFOLK ST TE OF NEW YORK -rD t V j t,kl residing at S l¢1 New York, being duly sworn, deposes and says that: On the day of 201 I personally mailed at the United States Post.Office in l New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attac ed Legal Notice in Prepaid envelopes addressed to current property owners s wn on the current assessment toll verified from the official records on file with the ( Assessors, or( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of--way of record, surrounding the applicant's pro rt y. (Signature) Svmtn td re me this day of 20/~ CONNIE D. BUNCH n Notary Public, State of Now York No OtPU6 ~--a`C~ 7"a3t1 ad it uu(fOlkfolk CO LIMY (Notary Public) Coi ~t ,nr s fio:40 t?, 2Q( (o ~~q a PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next rg to the owner names and addresses for which notices were mailed. Thank you. k= r {s u _ oa 3,~,OF &OGIyo BOARD OF APPEALS FIRST-CLASS MAL SOUTHOLD TOWN HALL Hasler c 53095 MAIN ROAD 09/03/2013 , NEW 1179 +co~r SOUTHOLD NEW YORK 11971-0959 $ 06.11° ZIP 11971 • 7007 1490 0003 1162 1725 ' 011D 11614162 Christopher M. Zuhoski , P.O. Box 2601 't NOTICE East Hampton, NY 11937 Znd NO IUE NI Z-IY -I HN ilk IAN4 NNNI_fl J_h/-1 ~f ~'I RETURN TO SENDER ~ UNCLAIMED UNABLE TO FORWARD BC: 11971095979 '8402-88369-03-43 • 339 9514(liii(IILi~ilii~111111'I'Iliilii~lllli'Il'Il'lill~('1'il°ii'NP - t ~ 0 Rose's Vineyard, LLC (Vineyard 48) Mailing List 1000-96-4-4.3 LIRR MTA 96-5-1.2 Thomas A. Cybulski 845 Lilac La. Cutchogue, NY 11935 96-4-8.1 Cutchogue Power Co. LLC P.O. Box 1470 Mattituck, NY 11952 96-4-6 Joseph Zuhoski P.O. Box 615 Cutchogue, NY 11935 96-4-5 Sharon G. Burke & Joseph M. Burke 220 John St. Oradell, NJ 07649 96-4-4.2 George S. Helinski & Laurie J. Helinski P.O. Box 35 Cutchogue, NY 11935 96-4-1.4 Andrew A. Besch & Glenda McCardell 2550 Reeve Rd. Mattituck, NY 11952 102-1-1.2 Joseph Zuhoski P.O. Box 414 Cutchogue, NY 11935 102-1-1.5 Christopher M. Zuhoski P.O. Box 2601 East Hampton, NY 11937 96-2-5 Russell C. McCall 275 Spring St. SW Atlanta, GA 30303 102-1-4.14 Town of Southold Route 25 Southold, NY 11971 102-1-3.3 DiBorghese Costello LLC P.O. Box 957 Cutchogue, NY 11935 102-1-3.4 (same Owner) 101-2-21.3 (same Owner) 101-2-18.6 (same Owner) 95-4-11 Krupski Family Lmtd Prtnshp c/o Suzanne M. Maurino 95 Laurel Hill Rd. Northport, NY 17768 95-4-12 Matituck Farm Hldngs LLC c/o Belvedere Property Mgmt Attn: Brian Owen 1251 Avenue of the Americas Fl 17 New York, NY 10020 95-4-13 (same Owner) 96-4-3 Kimberly Zahra 19105 CR 48 Cutchogue, NY 11935 95-4-18.23 Gregory K. Tyler & Susan P. Tyler 80 Horseshoe Dr. Cutchogue, NY 11935 95-4-18.24 (same Owner) U.S. Postal CERTIFIED MAIL- RECEIPT CERTIFIED MAiL,,, RECEIPT Postal (Domestic Orlify; No Insurance Coverage Provided) (Domestic Mail Orill No Insurance Coverage ~ rA a F ICI ru OF ICIA 171 _U u-I Postage $ '•o ^ Postage $ rR certified Fee M / Cerufled Fee rR os^t,r:~~a Postmark ° Return Receiq in Fee e~ O ~B ° Retum Receipt Fee ylpJpyQQ p (Endors ement Reuiretl) 'tea pO (Endorsement Required) C3 J a very Fee 1 Restricted Delivery Fee Restricted D ( Endorsement Required) p (Endorsement Required) p 117 1 D ^ dd~ C3 Total Postage &,Feees $ nr< Total Postage & Fees $ rR e o\ Qt~Cn-~ o ont o zlt_~~/1 L'k•.,la p 8ii,71PC7rfo. 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ECEIPT O (Domestic Postage $ W \i J r Certified Fee rR ca p ~ Postage $ O Return Receipt Fee `nt Certified Fee 3 U43 O (Endorsement Required) Here t M CJ(m`-' Pw~3 C3 Resdotetl Delivery Fee i 17 Return Receipt Fee Here (Endorsement Reuired) Q y 0 c ^ ^043 {Endorsement Required) f 0 E Ras'=ed. Delivery Fee \ n~ U1 Total Postage It Fees @ O (Endomnt Required) r-4 Er Total Postage & Fees $ No t i en Nag r( N arPOBk NO. o a or PO Bax NO T Y~ " CEN, Stefa. zjP k+ - ;t 2006 See Rever ~e fr~ 1,1 U. SENDER: COMPLETE TH ECTION COMPLETE I HIS SECTION ON nEUVFRY ¦ Complete Items 1, 2, and . Also complete A. SI re Agent Item 4 If Restricted Delivery Is deslred. x ? ¦ Print your neme and address on the reverse ? Addrasvee so that we can return the card to you. B. by( Name) C. Date of Delivery \V,rCtT) ¦ Attach this card to the back of the mailpiece, or on the front h space permits. D. IsddNeryaddiessdiRerentfmmltemlT OYes 1. Article Addressed to: N YES, enter delivery address below: 0 No 3. SeMCelype o CertlOed Mail ? 1 11 p Registered 13 Return Receipt for Merchandise [3 Insured sured Mail O C.O.D. l 4. Restricted Delivery? Pft F64 13 Yes 2. AdloleNumbe 7007 1490 0003 1162 1688 Manslarfrom PS Form 3811, February 2004 Domestic Retum Receipt • • A. Signature ? Agent Add 3. Also comfy 13 AAA its 4~~ dew revue Bi , aU r D Delivery ¦ Print Your narne d to YYou~lpieoe of the , 1 0 I Hemr 1T Yes so that we can natant" ¦ Attach this card t mite. D. 4a delivery address blow' No or on the front If YES, enter e114 + SEP 0 4 2013 1. Article Addressed to~ a'&` w`'-us' i T 13 09010 J 13 s ~ rMerchandlss I, ,,~/pJ1 A 3,N, % SarykeTpe p"Wered C i~~jG(A [ / / ? C3 insured man C.O.D. Yes 4. Rese'Icted D hWV (8a Fee.) z pp 7007 1490 0003 1162 1701 109542.M./sao I Domestic Return Receipt PS Form 3811, February 2004 ®i COMPLETE • COMPI ¦ Complete items 1, 2, and 3. Also complete A. O AYa& Item 4 if Restric ted Delivery Is desired. d B8°Agent 1 in Prim your name and address on the reverse so that we can return the card to you. /~~r(~ ¦ Attach this card to the back of the mailpieoe, d i l Q o or on the frond if space permits. verY edNees ? O 1. Article Addressed -l r ~ , enter delivery adMme below: E3 No ~I Ad'~t I, 1cr\- A4. SeNIceTyPe , a 0 Certified Mall o epees Mell SI 4 e ( rLCyO Registered 0 Realm Receipt for Mmharxfise ? Insured Melt O C.O.D. Restricted Delivery'! (Extra Feed O Yea 2. AmlcleW 7007 1490 0003 1162 1671 (rransfor PS Form 3811, February 2004 Domestic Retum Receipt tozsplr0zxi SENDER: COMPLETE THIS SECTION COMPLE~E ';,IS SECTION ON DEt WERY l ¦ Complete items 1, 2, and 3. Also complete A Item 41 Reatrioted Delivery Is desired. 0 Agora ¦ Print your name and address on the reverse LLAdiiressee so that we can return the card to you. . R printed hams? Dellyery ~Ak ¦ Attach this card to the back of the mailpiece, or on the front If space permits. D. is defiuery addreae dMaefian hem ll ffFYes 1. Article Addressed to: If YES. enter delivery address below: 0 No 2, (Y.1S1~.~rc~ 3. SWA087ype ? C¦tllbd Mall D Express Mall . 0 Registered O Return Receipt for Merchandise 19 as~ 0 Insured mail 0 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2'" 7007 1490 0003 1162 1664 3811, FbbnsF~2004' Domestic Retum Receipt to2sssoz-sFtsa ¦ Comp terns 1, 2, and 3. Also complete r AOIIII Item 4 If Restricted Delivery is desired. ¦ Print your name and address an the reverse so that we can return the card to you. S. Received by (Ptin ¦ Attach this card to the back of the mallpleos, , \ \ _ or on the front N space permits. \v,~~ju D. Is del" address dHle~a NO-CIL , O Yee Article Addressid to: J If YES, timer delivery add n - VI..Q~'"`•~- 3. 86""c' "T"s ? eNed dell ? Returns eoMail @ ~`,rt [n, Uy( ? Registered ? Return Recept for Merchandise ? Insured Mall ? C.O.D. 4. Restricted Deliver[? (Extra Fee) ? Yee 2. Article 7007 1490 0003 1162 1657 (ilana PS,Forln 3811','February 2004 Domestic Return Recelpt 102596.02.54.1540 kmatu ¦ RM4'Al1-d2p~ idid L AMo 5 ¦ P fnt yw nmoeo, Itpn iA a twMra. ? Agent so plat iw qrt ? Addresses, ¦ on or tlla~Aomit . JQWnted met 0. of Delivery O 3 { @. ArkM Ad~eptlrte; dd e addrees fmm item,T ? No If\ej\ •f, //CnSJ,h/l /0y/~~"e' If YES,, timer delivery address below; ? No A) fax 95"7~ / I"u.(- A0 3. 3arvlce Type l. r J 13 Ow"fWd Mall ? Express Mall / //J ! 3 ? Repbtered ? Return Receipt for Merchandise ? Insured mail ? C.O.D. 4. Restrkrted Delivery? Prins Fee) ? Yee 2. Artl 7007 1490 0003 1162 1695 I PS Form 3811, 2004 1 Domestic Return Receipt SENDER: SECTION ¦ Complete items 12, a"d . Also complete A. 8pnatum Rem 4 H Restricted Delivery is desired, ¦ Print your name and address on the reverae Xis ~ ? Aaer t . so that we can return the cart to you. ¦ Attach this card to the back of the maiiplece, B. (R'' ) C. Dots of or on the from g apace IsemrIts. Delivery 1. Article Atldressetl to: D. Is del address different from Item 19 ? Yes ,jn c / / If YES, enter delivery address below: ? No L~ I OcC3 3. Service 7ype 13 Ce'tlflWMW W Mail ? pWreee Mari v ' I 3 Ste' ? R"Wisnst O Return Receipt for Merchandise ? instead Mail ? C.O.D. 2. Article Nun 4. Reetrlotetl Ddlveryl fl9dre Fes) ? Yes I'llansfer 7010 1060 0001 1574 9639 emmmawm Domestl gacelpt 10259502-M-1540 lillilliZIMPIRIM ¦ Complete items 1, 2, and 3. Also complete Item 4 If Restricted Delivery Is desired. _ ? Agent r, ¦ Print your name and address on the reverse lx-- 171 Addresses so that we can return the card to you. • (pd c. of Delivery ¦ Attach this card to the back of the mallplece, k or on the front M apace permits. d.5 -13 1. Article Addressed to: D• Is delNary address dtifererR from Item 17 ? Yee If YES, enter del Nary etltlrees below: ? No 1 ' p 3. Service Type ? Certlllsd Mall ? Express mail h ? Rs&WW ? Rstum RwWpt for Merchandise ? Issued Mall ? D.U.D. Restricted DelWW Pft Fee) ? Yes 2. Article 7010 1060 0001 1574 9677 -k (llan:._......_._._ PS Form 3811, February 2004 Domestic Return Reoelpt 102595-02-M-150 COMPLETE THIS SECTION 9ELIVEITY ¦ Complete items 1, 2, and 3. Also complete rjdjtmy i] Agent Item 4 K Restricted DeIWei Y M desired. O Addressee ¦ prhd your name and address on the reverse so that we can return the card to you. !dellvery Name) C. DfNo ¦ Attach this card to the back of the mailPlece, or on the frCM K space permits. erent from Ism 14 1. Article Addressed to: address below: 12u s~~- c ~-t LCN 3. SeMcefiePs certified Mall ? Express Mail O 0 Registered C) Return Receipt for Merchandise a ~3v 3 17 seared Mall 0 O.O.D. 4. Restricted DeliverlR (Extra Fee) ? Yes 2. Article Num~ 1718 (freosterh 7007 1490 0003 1162 Domestic Retum Receipt 102595-o2-M-t510 PS Form 38 1, February 2004 COMPLLTE THIS SECTION ON f)TLIVFPY SECTION SENDER: COMPLETE THIS ¦ Complete items 1, 2, and 3. Also complete A. Signature Item 4 H Restricted Delhrery Is deaired. C3 ~t ¦ Print your rreme and address on the reverse X O Addressee so that we can return the card to you. S. (Printed Name) C. Date of Delivery ¦ Attach this card to the back of the malIPleoe, - Or on the troll H space pertness. D. s del" address dAlarOntiram item 1T 0 Yes 1. Article Addressed ra if YES. emer delivery address below: [3 No _ ~w'j,T~C4,~ , CI& 3. Service 13 ~3..~k-/ I ~v / Certlfled l 0 o f Y 0 gep6taM G Return Merchandise Irreaed MBII ( 4. Reshlcted DeflvW 0 Yes 2. Add 7010 1060 0001 1574 9714 PS Form 3811, February 2004 Domestic Return Receipt tp2~9s04tM-tseo SENDER: ¦ Complete items 1. 2, and 3. Also complete A. Signature - item 4 K Restricted DelMary is desired. X 0 Age ¦ Print your name and address on the reverse 0 Addressee so that we can return the card to you. B. (PrMted ) O. a of Delivery ¦ Attach this card to the back of the mailpiece, t A -,~/z or on the front K space Permits. D. Is delivery address diflerera from item lZ [3 Yes 1. Article Addressed to: if YES, ens, delivery address below: 0 No p //J) Cap,, 11 - e o-\,N1 Cie l.Vw ~ S~4 3. Cwtfle~d Mail [epess Mail la C~ ICS / 0 Registered 0 Return Receipt for Merchandise 0 Insured Mai 0 C.O.D. a oe....... iWer1? (Diva Fee) ? Yee 2. Aft 7011 1570 0001 8894 9029 Ps Form 3811, February 2004 Domestic Return Receipt lozsesoz-N-tsno is I;ENDER: ¦ Complete Items 1, 2, and 3. Also complete A. Signature rtarn 4 If Restricted Delivery Is desired. X Agent ¦ Print your name and address on the reverse so that we can return the card to you. B. Race d C. Data of Delivery ¦ Attach this card to the back of the mailpiece, or on the front H space permits. tl item 17 0 Yes 1. Article Addressed to: 1 ' 1 If . e address below: 13 No LV O l,ertllled Mall f] Express Mail ! 0 Repktered 0 Return Receipt for Mmdwdlee 0 Insured Mail 0 C.O.D. 4. Restricted Delivery? (Ekaa Fee) O Yee 2. Article 7010 1060 0001 1574 9660 X. ' PS Form 3811, February 2004 Domestic Return Receipt ta25ss-02•nFtelo . SECTION • DELIVERY SENDER: COMPLETE THIS SECTION SEEMS is Complete Items 1, 2, and 3. Also complete A Slgnet4re 0 Agent Item 4 If Restricted DOI" is desired. X o-4rn 0 Addressee ¦ Print your name and address on the reverse so that we can return the card to you. B. Received by (Primed Name) C. Date of Delivery ¦ Attach this card to the back of the malIPiece, 514rof4 ikt:.f KC or on the front if space permits. D. Ls delivery address dMererd imm Item 19 ? Yes 1. Article Addressed to: f " If YES, timer delivery address below: ? No j - 50~ f J 3. Seance rypa ? D 1 0 1"1,d Mall 0 Express Me" 0 Registered 0 Return Receipt for MercherWise / 0 Insured Mall 0 C.O.D. 4. Restricted Dsliv-. "-B Fee) 0Y-1-6 2. Article Number p001 1574 9684 (frensfer 6om its 7010 1060 Ps Form 3811, February 2004 Domestic Retum Receipt 102595-02-W I540 SENDER: COMPLETE THIS SECTION - ,1 ? AWnt ¦ Complete items 1, 2, and 3. Also complete A. Sip re Item 4 if Restricted Doi" is desired. X ~?9Y~, O Addressee ¦ Print your name and address on the reverse N 0. of livery . so that we can return the card to you. Rem Netl by( ¦ Attach this card to the back of the maiipiece, . or on the front d space permits. D. Is address dMerent from item 17 N 1. Arti/c~le Addressed to: M YES, timer delivery address below: ? No t P, 3. Senrlos TAO G~~ 0 CeNNed Mall 0 EWM Mall p Aapbtatsd '3 Return Return Receipt for Merchandise 0 INUeri Mail (3 O.O.D. 4. ReshlCEad DNlvvy? (Extra Fes) 0 Yee { 1 ZeN"n~' 7010 1060 0001 1574 9691 a n (1M1a/arfiwrra 8811, FeWuery 2004 Domestc Return Receipt tozusm+a.+ 1, 2, and 3. A ~P~ 0 Ap nt f] Addresses. an Ithe reve 4 » A PAM+t ri~na uts~Idtlleesaerawy rse B (Prsn minsi) C D#B of wary spy 1+~ 0Aftal1ftWdtpthe back athen eiipbce, r k b 4, or0r11be.*at V spew P~ D. M delway address dMerent scm Iten lT "Y 1. AlCdatldlaMad if YES. enter delivery address below: [3 No cc,G t V 1 3. BKVkalype x+. / 0 owitlle~d Mail 0 ExpresspMaall r . r^j 3~ M Repleteratl ? ReWm Raodpt for Merchandise 0 Insured Melt 0 C.O.D. 4. Restricted Delivery? (Odra Fee) 0 Yes 7010 1060 0001 1574 9721 102695-02-M-1540 PS F6rm'3811; Febnidry 2004 Domestic Return Readpt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS b SOUTHOLD, NEW YORK AFFIDAVIT $S In the Matter of the Application of 69(o OF POSTING /7u (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000-To z.o/J COUNTY OF SUFFOLK) STATE OF NEW YORK) ) 1, (f I c-) residing at 0 LC a V J(~ iL/ New York, being duly sworn, depose and say that: On the J~ day of 1 201 3 , 1 personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,` and that I hereby confirm that the Poster has remained in place for seven (7) s prior to the date of the subject hearing date, which hearing date was shown to be o70 13 (Signature) Sworn to before me s Day ofS 201 3 CONNIP D. BUNCH ~Su rv~ Notay Public, -State of k:F4 York No. Ot BUM 85050 (Notary Public) Q(JZlrficd in Suffolk f.::a}only 11 Commission '",altos Agri; 11s, 9-01 b * near the entrance or driveway entrance of my property, as the area most visible to passerby. BOARD MEMBERS Southold Town Hall Leslie Kanes Weisman, Chairperson Of SOUlyO 53095 Main Road • P.O. Box 1179 Eric Dantes Southold, NY 11971-0959 ,1 # Office Location: Gerard P. Goehringer en ae Town Annex /First Floor, Capital One Bank George Homing ard • ~O 54375 Main Road (at Youngs Avenue) Ken Schneider l~COU0 Southold, NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS f TOWN OF SOUTHOLD u Tel. (631) 765-1809 • Fax (631) 765-9064 ZONING BOARD OF APPEALS MEMORANDUM TO: Chris Baiz, Chairman, Agricultural Advisory Committee FROM: Leslie Kanes Weisman, Chairperson/Department Head® RE: Request for Comments, Certain Uses at Wineries DATE: September 3, 2013 The Zoning Board of Appeals has received a request from the Planning Board pertaining to whether certain uses are permitted at wineries. A copy of the memorandum outlining the issue and supporting documentation is attached. The Zoning Board of Appeals requests that the Agricultural Advisory Committee review these materials and submit written comments, if any, to the Board. Please be advised that the Board is setting a public hearing on this issue for September 26, 2013 at 7 pm and would like the Committee's written comments submitted to its record prior to that time. Should you have any questions, please contact our office. BOARD MEMBERS 0 a Southold Town Hall Leslie Kanes Weisman, Chairperson Of SOU 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes * # Office Location: Gerard P. Goehringer co ~ Town Annex /First Floor, Capital One Bank George Horning ~ • ,Aaa54375 Main Road (at Youngs Avenue) Ken Schneider I~COU~ \\T`- Southold, NY 11971 help://southoickown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 August 29, 2013 Dear Property Owner- This letter is to inform you the Zoning Board of Appeals is holding a Public Hearing on September 26, 2013 at 7:OOPM. This is a request for an interpretation from the Southold Town Planning Board and pertains to an adjacent property. Please see the enclosed Legal Notice. The complete file is available for review at the Zoning Board of Appeals office between the hours of 8:OOAM and 4:OOPM, Monday through Friday. Thank you for your attention to this matter. Sincerely, Vicki Toth Zoning Board Assistant Enc. BOARD MEMBERS r3f SOOT • Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Eric Dantes # l~ Office Location: Gerard P. Goehringer CP ac Town Annex /First Floor, Capital One Bank George Horning 54375 Main Road (at Youngs Avenue) Ken Schneider OI~COO Southold, NY 11971 http://southoldtown.nonhfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, SEPTEMBER 26, 2013 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hail, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY. SEPTEMBER 26, 2013: 7:00 P.M. - PLANNING BOARD OF THE TOWN OF SOUTHOLD #6685 - Request for Town-Wide Interpretation under § 280-146(D) of the Town Code as to whether two uses are consistent with Town Code Section 280-13 (4) and 280-13 (C)(1)(10) as part of a winery use or permitted accessory uses for a principal winery use. The first is the use of the winery as a dance and social club, and the second is as a retail cigar store. The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(ilTown.Southold.nv.us Dated: September 9, 2013 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/LISPS) P.O. Box 1179 Southold, NY 11971-0959 #11330 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 2 week(s) successfully commencing on the 12th day of September, 2013. 4 /_44t~* ell. Principal Clerk Sworn to before me this day of 2013. IaCAI, Ne71LLt Boen9lele7+awN 1 ZONING BoARIO c~ A1fYEAls THUBSDAX 96P19%X 46, Zola PUBLICHEARING C H R .,}}1•~/~t,ISTINA NOTICE BI IFIEBEBY GIVEN, pur- NOTARY PUBLIC-STATE OF NEW YORK stunt to Section 267 of the Tvwn,Iaw ad Taws Code Chapter 280 (Zoning), No. 01V06105050 Thin of Southold, the following public Qualified in Suffolk County a?M~db1'tle~9OFTI O)rP- M At. My Commission Erpues February 28. 2016 RfM>1D PRAIJ Y the Tbwn Hall, 53095 Main Rod, old, New York.11971-0959, see tip Y SEN.- a~ ro imolt 'B='i91u nr anirrsanrn ara~ _ $IwM jet Tbwn-wida;Iaseupefsa`en aadt 13WI46(D)'of thi Ode r to whaaer two uses are consistent with Tbwa Code Section 280-13 (4) ad 710- 13 (C)(1)(30) m put of a winery use ar per®ibed acdeaaory uses for a: p*cW winery use, The first is the use of the winery as a dance and social club, and the second is as a remit agar store The Board of Appeals will hear an penoas, or their representatives, deair- iag b be heard at each hearltg, trot deaiviog to submit written stataselab before the conclusion. of each how*& Each hearing will not start eartim am designated above. Flea are av@Mk for reviaw:don" sagalw busiam Mses and prior to the day of the hearing. If you have quatioaq ppl1eoase contact our office at (631)76,41109, or by email: ZONING BOARD OF APPEALS LESLIE.SANES WEISMAN, cHAQf. PERSON 54173 Male Basil (Olkis Lo=do,) 53993 Mok Red 79 Saaar?"F r1671-601i LUIR-2T 9Nf. N ~ NOTICE OF HEARING ~ The following application will be heard by the Southold Town Board of Appeals at Town Hall, 53095 Main Road, Southold: NAME ROSE'S VINEYARD LLC #6685 (VINEYARD 48) MAP # 1000-96.-4-4.3 • VARIANCE: USES REQuEST: I NTERPRETATI ON DATE: TFIURS, SEPT. 26, 2013 7:00 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ~ ZONING BOARD-TOWN OF SOUTHOLD 765-1809 BOARD MEMBERS • o~ of souryo Southold Town Hall Leslie Kanes Weisman, Chairperson 53095 Main Road • P.O. Box 1179 Eric Dantes ~ Southold, NY 11971-0959 Gerard P. Goehringer Office Location: ae Town Annex /First Floor, Capital One Bank George Homing Q O ~ 54375 Main Road (at Youngs Avenue) Ken Schneider l~CO~ Southold, NY 11971 http://southoldtown,nonhfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 August 28, 2013 Mr. Thomas Isles, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Mr. Isles: Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File #6685 Owner/Applicant: Vineyard 48 a/k/a Rose's Vineyard Action Requested: Interpretation of Town Code Within 500 feet of: (X) State or County Road ()Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. ( ) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson B1P~s Encls. w $t is o , o', ~-l r BEELEO. NO. 1 / f )d as9,am r V/ &7 IA y 22 a A LM I a O w ~ p d d < r7U/ za a ~ m.a . Lwq ~r s ' vs ,a 1OVIl OF 1na,lNUe u tww, ~ . 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