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1000-96.-4-4.3
• Iy.Ntsl%ny _ I1 s,yn I Af A , B, ,B , D OF VINET 4-j MIDDLE ROAD ( C.- R.EASTBOUND 48 ,J a TRAVELLED LANE LANES 0 TRAVELLED LANE SHOULDER O• Vc 45.9 alter I - ¢ - l SHOULDER I �� EDGE OF VINES o 10' EDGE OF PAVEMENT 10' _ ti I ? v,G 9�!/c♦ PROPERTY LINE EDGE OF PAVEMENT / , - -�� - / KEY MAP to PROPERTY LLY s• % NEW O 17 / N BLUES ONE / / O 01 TBSP Boring SCALE P' - 500' A " .A , `� / / //L / Q�475 / 0.8 topsoil t oam C EXISTING B' b DROP OFF - 4 BUSSES m 40' \'Ie Z W 0(APP.ROVED) Ex/STNG � ( 1 --yam. 2' fAPPROVE01 �' m 6 V e 5 ( O 7111 /7 / e -� -� sand with gr. DROP OFF 7 LIMOS @ 25' 4 .5 large gravel m a - q o , 49.'i T�,'w11fFf, LANES k - 1 Z ��-- 5.0' e v'.rfln I Y /e94Ts 010 /./+. II.. CARS m sand b/uvfon� w DROP OFF LANE `'/4 S �P with exs tfbB I I I U ' Lp a\ gravel HH 0I v, � , o dits2 3c O h\ ee II� � � ek�-�f, ' PARKING CRITERIA / RETAIL TASTING ROOM 2C32 sq.11. RETAIL 11200 II Spates 1.4 r ACCESSORY RETAIL (CIGAR STORE 320 sq.11 RETAIL 17200 2 Spaces IyeS , il'. n °` P OFFICE 1490 sq.11. OFFICE 1/100 15 Spaces _ '• STORAGE 3000 s 11. 1/! - STORAGE 000 3 Seams ? y? 15;�, I�I (•J Piq I SEASONAL TENTS 40 x 100 RETAIL 11200 22 Spaces a' ' OVERFLOW PARKING 9 hdI �,i' re. w 20 - 90 RETAIL 1/200 2 Spaces V h$p s w/S zo.. II O 20 x 40 RETAIL 11200 4 S aces 4Zy m I PI,P 59 Spans ?a I s M1 59 Spaces Required, Aelual 63 Spaces 4I.9 - � ' ' f.0' <����:S � is• e14-7,0 �, DRA./NGE CRITERIA mea:..-) •/�> SEASONAL OVERFLOW PARKING OF 100 CARS ya' ON GRASS m kXIST/NG ROOFS 7745 sq.11 ROW 1- 25 CARS Wiz{ / q !,v Nc:s[ie • __ 7745 x 0.17 x 1 = 1317 cuH 2D 4z `ee ASPHALT 8 CONC. PAVEMENT-298Ssq.1t. ROW 2 - 25 CARS � _ _ _ bar/n ROW 3 - 25 CARS �O, --� / ,I 2985. x0.17 x 1 = 50'7cu.11 Row 4 25 CARS \ m GRAVEL 28,866 sq.11 / 19 28,866 x, 0.17 x 0.6 2944 cu.It I/ m� alv m TENT AREA c, n '� 3i o m 4768-cu.It 9 r a 5 S m 2 4768J42.2 - 11.3 VF. FUTURE I I lI/�/l2 + ,9..4 FUTURE POLE PROVIDE 10 Lp.s 8'0x12 deep BARN ` � T ON EXISTING GhAVEL 9 t ON GRASS PROPOSED POLE BARN 4000 .x9;11, FLOOR �/�� � � �� 4000 x 0.17 x 1 - 680 cull. W 25• 680142.2 = 16.1 VF- SEASONAL SEATING I F-- ------PAV4LLION LIMOusmESS PROVIDE 2 Lp.s 8'0 x 8' deep �� I 1 OCCUPANCY 267 0 FOwTURE NO HEATING NO WATER 4n \ ELECTRICAL 731' / 1 CONTOUR LINES ARE REFERENCED TO N.G.V.D. 1 TER s AV7E77NA 2O. LEAT/CNNhiGRAPE POOL PROCESSIJ`. I ' 20' OVE225' pafiKING NOTAAVTARY ER- WATER SUPPLY I (CRUSHED STONEI Np SANITARY SYSTEM FROM OFFKE d - m I 22s fNOBASEMENT, / STY.I LPAgp°CTO E ELEVATIONS ON PLAN ARE REFERENCED TO N.G. V.D. (25 cars @ g•/ o m ' METAL BUILDING � ' m 6p. - BUILDING R' aI 9' DIe ® � DRAINAGE LIMIT LINE m -� I GRAPC/ 578 PROCESSING Q W< < LTANK a,na, R zo - TRAFFIC DIRECTION EXISTING ELEVATION N I 1 2996II ? 4u+ PROPOSED ELEVATION y n' 13.1' -. - - °� I ' T.OTALLo� COVERAGE L ACRES EDGE OF VINES -'. WA�e 3 I y NOTE# BUILOM/G =lX . ';1 SUBSURFACE SEWAGE DISPOSAL SYSTEM DESIGN INCLUDING POLE BARN = l.B% 9 o BY, JOSEPH FISCHETTI, P.E. LANDSCAPED AREA = l X zo' a • / " wall /725 HOBART ROAD - WSOUTHOLD, N.Y. 11971 U9 ALOWABLE FLOW DENSITY 12' GROUNDWATER MANAGEMENT IV BERte B NATURAL - .-1 a300 GPD x 3.66 acres = 1,100 GPD allowable 0 VEGETATION40. - G 12' N rrP_ _ SEWAGE DISPOSAL SYSTEM DESIGN CALULATIONS LONG ISLAND RAIL ROAD ON GRASS (� , SCALE, I' = i zD' Retail tasting room - 2032 sf x.05 = 101.6 gpd SECTION 'C' -1c, / m Retail Store 320 sf x.03 = 9.6 gpd Office 1480 sf x.06 = 88.6 gpd Storage 3000 sf x.04 = 120 gpd Fad I I Pole Barn 4000 sf x.05 = 200 gpd MIDDLE ROAD "A�*Fl me C R 48 w X n Total 519.8 GPD Flow N 5rz33o W PLAN SEWAGE DISPOSAL SYSTEM DESIGN !dp ' cowc r.c.Mow. R � 378ASB' L � 679.53' oA41P+� � � __ SIGH - OOI N SCALE: 1/^= LOQ SEPTIC TANK I eat-yyo{vnos�j I' 'I TIP NiO/F ASTYNA a -- - m I _ SLAC,A b 3 ° -a 0 e t/G1'. FE" 0 -t---' c p k o N A I I_ rYP. 4>� 519.8 gallons x 2 days = 1039.6 gallons required / ' r- /f l 'r Vf' m Eoc'' .. 1 Existing Leaching pools: B1P!/ZDOSKI 3 ,,,,,,,,,, n,// /' - F 111 VINE (1) 1200 gallon for Tasting Room 250 ° 1 • _ ' I I - W (1) 1000 gallon for Office Building- assumed N/O/FICD WARD ---- -- - - - -- - -33a_ - - - - - -4 I , 81 JOSEF►/1I S' '4, A7 K 5540- E IBsro- �� - ZUHOSK/ os""• f- °=x .tl I 0 LEACHING POOLS M. I ,lrt APPLICANT: v I it BLNLD/NG ZONE D/9TRNCT ' A-C W s 519.8 GPD/ 1.5 = 346.4 SF of leaching sidewall required F' 3 JOSEPH PALL VVR* IES, INC. i 0 ioBCUTHOGLE N.Y. 11995 SCHOOL DISTRICT 9 Existing Leaching Pools: (1)8 foot diameter x 12 feet deep = 300 SF of leaching for Tasting Room 29 (1) 8 Foot diameter x 12 foot deep= 300 SF of leaching for Office Building- r.r �� FriPE DISTRICT 1 assumed a \ UI I TOAL ASEREAW �F x P�07Acm, SA = 14.852 Acrea lV/ JOSJOSEPH R. ACADewkpod ACREAGE a ANUAaree 6 SftIEKA ZL/F%OSK/ Y � ISG•, V I N E Y A R D I \ 2 . �/ W AMENDED SITE PLAN 0 m z FOR N/O/F - --- lI - VINEYARD 48 ZUHOSKI RD A. - - -- - IGm ue+sAsvuL ovslwLae, 1 rbe Mo AT CUTCHOGUE AUG ) 92013 e . TOWN OF SOUTHOLD Or S 537320' W. 282.06'o i JOSEPH S. ZUl'10SK/ G tp SUFFOLK COUNTY, N. Y. C, A W POLLAK FAMILY PARTNERSHIP 100p- 96 - 04 - 4.3 LIF t� a $ I June 5, 2013 h�4R, mErr ,- g Aug. 8, 2013 (revisions) A --��--, AUZ', J4, 2013 (revlslon,l N. 607030' Iy, 9� m ^1 adv LONG ISLANDE 123 111 46 , a +� 496'( RA/L ROAD v LAWS, SURVEY ct 1,� N.Y.S. L/C. N0. 49618 Scale: I,,= 100' ECONIC S YORS, P.C. .. O' 23'50' !00' 200 - 6311 765 - 5020 FX !6311 765 - 1797 P.O. BOX 9091230 TRAVELER OUTHOLD,N.,Y. 11ET 96590-172 2 L i i \ I i 1If(h/ TR/�(6od�D r�cc� uA sR4vEL g � - - - --- ^ �rcGa[G-•I.V.dCL ---- ZX�7�c'a/c. NQ TE ¢LL Y2�5d w lZ - - = ley _W-14L6 C-IAfI GY (ivJJSRK1e 4�/A a=rc AI 7v�rH-3ZC W�yI2 PBO) Cr/OSI �,2mF ; du,elC �;y-mit-r�Tcfi' 12- 1000-96-04-4.3 I qo DATE: 2-8-13 PROPOSED POLE BARN VINEYARD 48 Nom•? ' 'Y, . r� CUTCHOGE - TOWN OF SOUTHOLD NY SMP of NEA -4 CHORNQ ASSOCIATES SOUTHOLD,NEWYORK- • • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 DONALD J.WILCENSKI O��QF SOUjyQ� Southold, NY 11971 Chair O OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III 2' �� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDORCO'nM'� Southold,NY YYIPII�I�' Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD December 17, 2013 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Approval with Conditions: Amended Site Plan for Vineyard 48 Located at 18910 CR 48, ±340' w/o CR 48 and Depot Lane, Cutchogue SCTM#1000-96-4-4.3 Zoning District: A-C Dear Ms. Moore: The following resolutions were adopted at a meeting of the Southold Town Planning Board on December 16, 2013: WHEREAS, 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 sq. ft. wine tasting room, a 1,800 sq. ft. office and lab building presently used as a 1,480 sq. ft. office and 320 sq. ft. cigar store, and a 3,000 sq. ft. storage building and 11.3 acres of grapevines on 14.9 acres in the A-C Zoning District; and WHEREAS, on January 16, 2013, Patricia C. Moore, agent to the applicant, submitted an application for site plan review; and WHEREAS, on March 8, 2013, Patricia C. Moore, Esq., agent to the applicant, submitted a revised application proposing the inclusion of a 4,000 sq. ft. pole barn pavilion for site plan review; and WHEREAS, on March 25, 2013, the Planning Board reviewed the application and determined it incomplete, requiring further information and revisions to the site plan; and WHEREAS, on April 1, 2013, the Planning Board received the required information and accepted the application as complete for review; and WHEREAS, the Southold Town Planning Board, pursuant to State Environmental Quality Review (SEQR) 6 NYCRR, Part 617.5 (c), has determined that the proposed action is a Type 11 Action as it falls within the following description for 6 NYCRR, Part Vineyard 48 Pa-ge Two December 17, 2013 617.5(c)(7): 'construction or expansion of a primary or accessory/appurtenant, non- residential structure or facility involving less than 4,000 square feet of gross floor area and, therefore, not subject to SEQRA review; and WHEREAS, on April 19, 2013, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the required agencies for their comments; and WHEREAS, the proposed action is exempt from review by the Suffolk County Planning Commission (SCPC) and a matter of local determination as the application is proposing less than 5,000 square feet of new or renovated floor area; and WHEREAS, on May 6, 2013, the Southold Town Engineer reviewed the above- referenced application and recommended the requirement of further information to ensure the proposal meets the minimum requirements of Chapter 236 for Storm Water Management; and WHEREAS, on May 10, 2013, the Suffolk County Department of Health Services (SCDHS) provided comments that a review by the SCDHS was required and an application had not been received; and WHEREAS, on May 10, 2013, the Suffolk County Department of Public Works (SCDPW) provided comments that a permit from the SCDPW would be required pursuant to Section 136 of the Highway Law and Section 239F of the New York State General Municipal Law; and WHEREAS, on May 20, 2013, the Southold Town Architectural Review Committee reviewed the proposed project and provided recommendations to the Planning Board; P P P 1 and WHEREAS, on May 28, 2013, the Southold Town Fire Inspector reviewed and determined that there was adequate fire protection and emergency access for the site; and WHEREAS, on May 28, 2013, the Cutchogue Fire District determined there was adequate fire protection for the site; and WHEREAS, on June 3, 2013, a public hearing was held and left open based on the requirement of more information to be provided by the applicant; and WHEREAS, on June 11, 2013, the Planning Board, pursuant to Southold Town Code §280-131 C., distributed the application to the Southold Town Transportation Commission for their comments; and Vineyard 48 Page Three December 17, 2013 WHEREAS, on June 28, 2013, the Southold Town Transportation Commission provided comments and recommendations to the Planning Board; and WHEREAS, on July 1, 2013, the public hearing was continued and closed with the exception of written comments, which were permitted to be submitted to the Planning Department for an additional two weeks; and WHEREAS, on July 23, 2013, the Town of Southold LWRP Coordinator reviewed the above-referenced project and determined the proposed pole barn pavilion and re-design of the existing parking areas to be consistent with Southold Town LWRPP olicies and determined thero osed addition of seasonal p p overflow parking to be inconsistent with the Southold Town LWRP policies due to its location far from the existing winery buildings, and too close to nearby residences; and WHEREAS, on August, 19, 2013, Patricia C. Moore, agent to the applicant, submitted a revised site plan entitled "Amended Site Plan for Vineyard 48", dated June 5, 2013 and last revised August 14, 2013 (hereinafter referred to as the proposed site plan); and WHEREAS, on August 28, 2013, the Planning Board, pursuant to §280-146 (D), referred the application to the Southold Town Zoning Board of Appeals (ZBA) for an interpretation as to whether the uses on the site, principal and accessory, are permitted in the A-C Zoning District under the Southold Town Zoning Code; and WHEREAS, on November 7, 2013, in their File #6685, the Southold Town Zoning Board of Appeals (ZBA) (hereafter"ZBA Decision") determined that the activity described in the 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 A-C and Low Density Residential Zoning Districts. Furthermore, a stand-alone retail cigar store is not a permitted use in the A-C Zone; and WHEREAS, at the Work Session on December 2, 2013, the Planning Board reviewed the public hearing and written record, together with the Staff Report of December 2, 2013 regarding this application; and WHEREAS, on December 16, 2013, the Southold Town Chief Building Inspector reviewed and certified the proposed winery as a permitted use in the A-C Zoning District; and WHEREAS, the Planning Board has found that, as reflected in the record for this site plan application, there are issues pertaining to noise, parking, traffic safety, pedestrian safety, and adverse impacts to the established character and value of the adjoining properties that must be adequately addressed in the site plan approval process, and that these issues have not been adequately addressed in the site plan application referenced herein and the proposed site plan; and Vineyard 48 Page Four December 17, 2013 WHEREAS, the Planning Board has identified revisions to the proposed site plan, and additional conditions for this site which address and mitigate these identified areas of concern and adverse impacts, and will ensure that the use of the premises conforms to the permitted principal and accessory uses allowed for wineries as determined by the Zoning Board. These conditions and their expected mitigating effects are as follows: 1. The maximum number of parking spaces permitted for the accessory wine-tasting use at this site is 23 standard spaces at 9' x 19', six (6) limousine/over-sized spaces at 9' x 25', and six (6) bus parking spaces at 15' x 45'. See conditions below for more details on the locations of these parking spaces. This condition is intended to provide a fixed number of vehicles permitted on the site for the purpose of wine tasting. The rationale for this condition is based on the zoning issues addressed in the ZBA decision regarding the commercial nature and intensity of the use of the site, the number of parking spaces that can be safely accommodated at the site, and adverse impacts identified on the Planning Board's record (a summary of which can be found in the Planning Staff Report dated December 2, 2013). The safety of the public and the quality of life of the neighbors will be better served by controlling the amount of vehicles that visit this site. The testimony from the public for this application contained many examples of how the operation of this site has led to a decrease in the neighbors'quality of life. Further, the ZBA has ruled that using a winery site on a regular basis for large crowds with loud pulsating music and a bar/nightclub atmosphere where the focus is not on leaming about wine and tasting wine, but on partying and dancing, is not permitted in the A-C Zoning District. The Zoning Board ruled that the intensity of use of a site in this manner is not consistent with the agricultural/residential nature of the zoning district. The ZBA also determined that the commercial nature of the use of the site is not in keeping with the purpose of the zoning district. The intense use and large crowds created traffic safety hazards, pedestrian safety hazards, and adverse impacts on the established character and value of adjoining properties and the neighborhood, and noise pollution. These impacts reduced the quality of life of the surrounding community and community character overall has suffered. The 2006 "as-built"site plan previously approved by the Planning Board shows 34 parking spaces, with one bus space. By way of this and subsequent conditions related to parking to follow, the Planning Board is expanding the designated parking on this amended site plan to include twelve over-sized parking spaces that can Vineyard 48 Page Five December 17, 2013 accommodate up to six full-size buses and six limousines. This parking expansion will more safely accommodate the types of vehicles shown to regularly visit this site. 2. All vehicles bringing patrons to the site must remain on site with those patrons, and must park in approved designated parking spaces as required under Town Code Section 280-78H. Town Code Section 280-78 H requires that parking for the use of the site be contained on site. Currently buses and limousines, on busy days, drop their clients off, leave the site, and return later to pick them up. Leaving the site and returning to pick up the clients increases the number of vehicle trips generated by this site. As a result, the traffic safety hazards are increased as these large vehicles exit and enter CR 48, where traffic typically travels at 55 mph or greater, with no acceleration or deceleration lanes at this site. Testimony on the Planning Board's record indicated that neighbors observed limousines parking and idling on nearby residential streets in front of residences while waiting for a call to pick up their clients from this site, another adverse impact to the quality of life of neighbors. Also, it is expected that exhaust emissions in the area are increased as the buses and limousines make these extra trips because they have no place to park on site. Requiring that all vehicles remain on the site with their clients will improve traffic safety, reduce pollution, and improve quality of life for area residents. Additionally, this requirement is also being imposed as stated above in the rationale for Condition #1. 3. Parking is allowed only in areas approved as parking spaces by the Planning Board on the approved site plan. Over-sized vehicles such as limousines and buses may park only in over-sized spaces designated for limousines and/or buses, and may not park in spaces designated as standard 9' x 19' parking spaces. When the approved parking areas are full, no more vehicles may drop off patrons until a parking space becomes available. Vehicles may not park, stand or wait in the driveways except to drop off patrons and proceed to an open parking space, or to pick up patrons after leaving a parking space. Until such time as the proposed site plan (the subject of this application) is revised to reflect the conditions herein, the parking plan shown on the as-built approved site plan entitled "Site Plan for Vineyard 48", dated August 14, 1996 (Final) and last Vineyard 48 Page Six December 17. 2013 revised May 18, 2006, will be in effect (34 standard size parking spaces). Parking in other locations on the site and parking off site is not allowed and will be a violation of this site plan approval. The rationale for this condition is listed in Conditions#1 and#2 above. 4. All amplified music and other amplified sounds shall be contained entirely indoors in the wine-tasting building with all doors and windows closed. This condition will help mitigate the quality of life issues identified as a result of the volume and duration of the DJ music. This condition will aid in allowing the accessory use of the property for wine tasting to conform to the ZBA decision. The Planning Board's record shows evidence that music is played from noon to 7.00 p.m. nearly every Saturday and Sunday from late spring through late fall, creating a baddance hall atmosphere contrary to the permitted uses allowed. There are numerous reports by neighbors on the record about the noise preventing them from being able to enjoy the outdoor space in their yards due to the noise every weekend and for much of the day over the course of at least two years. Examples of the noise problems are the yelling and shouting by large crowds of patrons, the recorded music being played by a DJ, both by its loud volume and vulgar content, and the loud amplified voice of the DJ, all of which have been reported by the neighbors to be disturbing the quiet and comfort of persons residing at adjacent and neighboring properties. 5. Tents, canopies, sails, awnings or other coverings are prohibited except in connection with a Special Event Permit. Individual table umbrellas are permitted. This condition will discourage large crowds and DJ dance parties outside the wine- tasting building, which will mitigate adverse impacts and will reduce the overall intensity of the use which the ZBA has stated is not a permitted use in the A-C Zoning District. Discouraging large crowds outside will help to eliminate the commercial use of the site, aid the applicant with safely managing the site, and help to prevent the adverse effects large crowds have had on the established character and value of adjacent properties and neighborhoods. Tables with umbrellas would be permitted in the outdoor seating area. The wine-tasting building provides shelter from the elements and tables with umbrellas would provide shade on sunny days. Vineyard 48 Page Seven December 17, 2013 6. Remove the cigar store sign and cease retail sales from the building labeled as "Office and Lab" on the proposed site plan. A cigar store is not a permitted use according to the ZBA (decision dated November 7th, 2013, File #6685). The ZBA, in their ruling on November 7, 2013, File No. 6685, determined that a stand-alone retail cigar store is not a permitted use in this zone. Further, the Planning Board is requiring that all retail sales be conducted in a single building (the wine-tasting building, labeled as "1 sty fr. building"on the site plan) and that they meet the Town Code requirement as stated in §280-13C (10): "Wineries may have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and display of wine, books on wine making and the region and nonspecific items bearing the insignia of the winery." 7. Retail sales accessory to a winery are permitted in the wine-tasting building only (identified as 1-sty fr. building on the proposed site plan and the 2006 site plan). This is the appropriate building for retail sales accessory to a winery use. This is the only building on the site that is designated on previous and current site plans for this use. 8. Screen any portable toilets from view from CR 48, a New York State Scenic Corridor. The screening material must be approved by the Planning Board. The use of portable toilets must be in compliance with any applicable Local, County or State regulations. CR 48 is a New York State designated Scenic Corridor. Screening the portable toilets will help protect the view shed. 9. Any food provided to patrons on site must be in accordance with all Local, County and State regulations. 10.Submit nine copies of the site plan with the following revisions completed to the satisfaction of the Planning Board: a. Remove from the plan the proposed pole barn and references to tents, or any other outdoor shelter including but not limited to canopies or awnings. This condition will discourage large crowds and DJ dance parties outside the wine-tasting building, which will mitigate adverse impacts and will reduce the overall intensity of the use which the ZBA has stated is not a permitted use in the A-C Zoning District. Discouraging large crowds outside will help to 0 Vineyard 48 Page Eight December 17. 2013 eliminate the commercial use of the site, aid the applicant with safely managing the site, and help to prevent the adverse effects large crowds have had on the established character and value of adjacent properties and neighborhoods. Tables with umbrellas would be permitted. The wine-tasting building provides shelter from the elements and tables with umbrellas would provide shade on sunny days. b. Remove from the plan all reference to a retail cigar store. See Condition #6 above. c. Re-design the parking on the proposed site plan as follows: L Eliminate the 100-car seasonal overflow parking area in the southwestern corner of the parcel. This condition is related to Condition #1 above and the rationale for it is the same with the addition of the following: This parking area is located only 20'from a residential parcel and close to existing residences. Allowing large amounts of parking on site will lead to larger crowds, which in tum results in a use of the site contrary to zoning (see ZBA Decision) and which adversely impacts the neighboring residential community. This proposed parking area is a long distance away from the public buildings and would result in patrons travelling on foot through a substantial portion of the vineyard where there are potential safety hazards including trellis support wires and chemical spraying. Eliminating this parking area is also consistent with the LWRP Policy 1 which states that development should be done in a pattern that enhances community character, makes efficient use of infrastructure, and minimizes adverse effects of development. The overflow parking area as proposed is inconsistent with this policy because it would cause noise and dust that would potentially reduce the quality of life to the nearby residences. It is far away from existing infrastructure— clustering all parking near the buildings would be more consistent with this policy and increase the safety of the parking. ii. Replace the 24 parking spaces in the rear of the buildings with six large parking spaces (15' x 45') behind the buildings, and designate Vineyard 48 Page Nine December 17, 2013 these spaces as bus parking spaces on the plan and with signage on site. This overflow parking area for buses in this location will accomplish several goals. One will be to reduce the impact of these large vehicles on the scenic view shed of CR 48, and the other will be to improve the safety of the site for pedestrians and other traffic. This area will also provide adequate space for these large vehicles to maneuver and park, improving the safety of the site for the public. Limiting the number of buses permitted to park at any given time during day-to-day operations will accomplish the further goal of limiting the number of people on site, thus mitigating the adverse impacts to the community caused by the large crowds and ensuring compliance with zoning as addressed in the ZBA Decision. See Condition #1 above for more details. iii. Designate a drop-off area immediately adjacent to the main entrance to the building for buses and limousines. Designating a specific drop-off area close to the building will improve pedestrian safety on the site. iv. Eliminate the western most parking space in the front of the building. It is too close to the entrance driveway to be safe. The exiting vehicle would be backinginto the traffic entering the driveway. g Y v. Move the 16 parking spaces in the front of the building to their original location as shown on the approved "as-built" site plan, dated August 14, 1996 (Final) and last revised May 18, 2006. The proposed plan shows these parking areas 13'closer to CR 48 than they currently exist. Moving them on the proposed plan back to their original location is more consistent with the Town's Scenic Corridor Management Plan as they will be somewhat less obtrusive to the scenic view shed of the CR 48 Scenic Corridor. vi. Eliminate the 5 parking spaces in the southeast corner to leave more room for buses to maneuver safely in and out of the parking lot. Vineyard 48 Page Ten December 17, 2013 vii. Eliminate the northern most limousine parking space to allow more room for over-sized vehicles to maneuver safely. viii. Shift the six limousine parking spaces to the east a few feet to widen the aisle to safely accommodate over-sized vehicles. ix. Remove the queuing lanes in the front of the building. The queuing lanes are not safe because there is no provision for pedestrians to safely cross from the adjacent parking area through the buses, limousines and other vehicles queuing in the lanes, and no provision for the safety of the pedestrians exiting the queued vehicles. There is also no open lane travel lane for vehicles to exit. Instead, we are requiring a designated drop-off location (see below) for pedestrians, and that vehicles be required to move to open parking spaces as soon as they finish dropping off their clients. x. Designate on the site plan safe drop-off and pick-up locations close to the building for patrons exiting and entering vehicles. This will improve pedestrian safety, parking safety and traffic safety on the site by ensuring that patrons arriving by bus or limousine have a safe place to exit and enter the vehicle. A Provide aisles in the parking areas with a minimum width of 22' as required by Town Code and to safely permit the passage of buses and limousines. xii. Designate all parking spaces on the site plan with parking bumpers and signage indicating the type of vehicle allowed to park there (e.g. limousine, bus, private automobile). Clearly marked parking spaces will reduce confusion for drivers entering the site for the first time, and will thus improve the parking and traffic safety at the site, especially as it relates to buses and other large vehicles. xiii. Install signage to mark the entrance and exit driveways clearly, and add a stop sign with a "no left turn" sign at the end of the exit driveway. Vineyard 48 Paqe Eleven December 17, 2013 Clear signage to aid in entering and exiting the site will improve the traffic safety relating to the use of this site. xiv. Provide a plan for stabilizing the surface of the parking areas shown on grass. xv. Eliminate the bus stall at the front of the site. This is no longer a safe or adequate location due to the increase in intensity of use of the site, and the evidence that multiple buses use this site at one time. A bus would need to back out into oncoming traffic in the entrance driveway to depart. The Planning Board has required the bus parking to be relocated behind the building to accommodate more buses safely(see Condition Xi above). d. Show the location of the portable toilets on the site plan, and screening for them. e. Pursuant to §172 of the Southold Town Code, require the applicant to provide the type and number of all replacement lighting fixtures, including the manufacturer's cut-sheets showing the characteristics and model number(s) to ensure code compliance. Provide photographs of all existing exterior light fixtures on site, and provide the location of all existing outdoor light fixtures on the site plan in addition to any proposed light fixtures. Lighting on site must be shown to be in compliance with the Town Code, and there are at least two complaints on file in the record about lighting at the site. 11.Conditions Number 1 through 9 are in effect and enforceable for this site as of December 17, 2013. 12. List Conditions Number 1 through 9 on the site plan; therefore be it RESOLVED, based on the LWRP recommendation and the conditions imposed herein, the Southold Town Planning Board finds that the application is consistent with the LWRP; and be it further RESOLVED, that the Southold Town Planning Board grants Approval with Conditions to the site plan application for Vineyard 48, and the most recent plan submitted entitled "Amended Site Plan for Vineyard 48", dated June 5, 2013 and last • • II Vineyard 48 Page Twelve December 17, 2013 revised August 14, 2013, prepared by John T. Metzger, L.S. with the following conditions: 1. The maximum number of parking spaces permitted for the accessory wine-tasting use at this site is 23 standard spaces at 9' x 19', six (6) limousine/over-sized spaces at 9' x 25', and six (6) bus parking spaces at 15' x 45'. See conditions below for more details on the locations of these parking spaces. 2. All vehicles bringing patrons to the site must remain on site with those patrons, and must park in approved designated parking spaces as required under Town Code Section 280-78H. 3. Parking is allowed only in areas approved as parking spaces by the Planning Board on the approved site plan. Over-sized vehicles such as limousines and buses may park only in over-sized spaces designated for limousines and/or buses, and may not park in spaces designated as standard 9' x 19' parking spaces. When the approved parking areas are full, no more vehicles may drop off patrons until a parking space becomes available. Vehicles may not park, stand or wait in the driveways, except to drop off patrons and proceed to an open parking space, or to pick up patrons after leaving a parking space. Until such time as the proposed site plan (the subject of this application) is revised to reflect the conditions herein, the parking plan shown on the as-built approved site plan entitled "Site Plan for Vineyard 48" dated August 14, 1996 (Final) and last revised May 18, 2006 will be in effect (34 standard size parking spaces). Parking in other locations on the site and parking off site is not allowed and will be a violation of this site plan approval. 4. All amplified music and other amplified sounds shall be contained entirely indoors in the-wine tasting building with all doors and windows closed. 5. Tents, canopies, sails, awnings or other coverings are prohibited except in connection with a Special Event Permit. Individual table umbrellas are permitted. 6. Remove the cigar store sign and cease retail sales from the building labeled as "Office and Lab" on the proposed site plan. A cigar store is not a permitted use according m to the ZBA decision dated November 7 , 2013, File #6685). 7. Retail sales accessory to a winery are permitted in the wine-tasting building only (identified as 1-sty fr. building on the proposed site plan and the 2006 site plan). Vineyard 48 Page Thirteen December 17, 2013 8. Screen any portable toilets from view from CR 48, a New York State Scenic Corridor. The screening material must be approved by the Planning Board. The use of portable toilets must be in compliance with any applicable Local, County or State regulations. 9. Any food provided to patrons on site must be in accordance with all Local, County and State regulations. 10.Submit nine copies of the site plan with the following revisions completed to the satisfaction of the Planning Board: a. Remove from the plan the proposed pole barn and references to tents, or any other outdoor shelter including but not limited to canopies or awnings. b. Remove from the plan all reference to a retail cigar store. c. Re-design the parking on the proposed site plan as follows: i. Eliminate the 100-car seasonal overflow parking area in the southwestern corner of the parcel. ii. Replace the 24 parking spaces in the rear of the buildings with six large parking spaces (15' x 45') behind the buildings, and designate these spaces as bus parking spaces on the plan and with signage on site. iii. Designate a drop-off area immediately adjacent to the main entrance to the building for buses and limousines. iv. Eliminate the western most parking space in the front of the building. v. Move the 16 parking spaces in the front of the building to their original location as shown on the approved "as-built" site plan dated August 14, 1996 (Final) and last revised May 18, 2006. vi. Eliminate the 5 parking spaces in the southeast corner to leave more room for buses to maneuver safely in and out of the parking lot. vii. Eliminate the northern most limousine parking space to allow more room for oversized vehicles to maneuver safely. viii. Shift the six limousine parking spaces to the east a few feet to widen the aisle to safely accommodate over-sized vehicles. Vineyard 48 Page Fourteen December 17, 2013 ix. Remove the queuing lanes in the front of the building. x. Designate on the site plan safe drop-off and pick-up locations close to the building for patrons exiting and entering vehicles. xi. Provide aisles in the parking areas with a minimum width of 22' as required by Town Code and to safely permit the passageof buses and i limousines. xii. Designate all parking spaces on the site plan with parking bumpers. xiii. Install signage to mark the entrance and exit driveways clearly, and add a stop sign with a "no left turn" sign at the end of the exit driveway. xiv. Provide a plan for stabilizing the surface of the parking areas shown on grass. xv. Eliminate the bus stall at the front of the site. d. Show the location of the portable toilets on the site plan, and screening for them. e. Pursuant to §172 of the Southold Town Code, require the applicant to provide the type and number of all replacement lighting fixtures, including the manufacturer's cut-sheets showing the characteristics and model number(s) to ensure code compliance. Provide photographs of all existing exterior light fixtures on site, and provide the location of all existing outdoor light fixtures on the site plan in addition to any proposed light fixtures. 11.Conditions Number 1 through 9 are in effect and enforceable for this site as of December 17, 2013. 12. List Conditions Number 1 through 9 on the site plan. The chairman is authorized to stamp the plan as Approved after the conditions have been met to the satisfaction of the Planning Board. As stated above, and pursuant to §280-132 Duration of plan of the Town Code, Conditions Number 1 through 9 are in effect and enforceable immediately. Vineyard 48 Page Fifteen December 17, 2013 If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman cc: Michael Verity, Chief Building Inspector By signing this letter, the applicant acknowledges that there are conditions listed above that must be satisfied. Patricia C. Moore, Esq., agent for the applicant MAILING ADDRESS: PLANNING BOARD MEMBERS ' So , iia o�l 71 DONALD J.WILCENSKI so Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (�,, (Cor. Main Rd. &Youngs Ave.) MARTIN H.SIDORN UN " y� Southold,NY Telephone: 631 765-1938 MEMORANDUM www.southoldtownny.gov PLANNING BOARD OFFICE TOWN OF SOUTHOLD To: Michael Verity, Chief Building Inspector 1 From: Donald Wilcenski, Planning Board Chair �W�� Date: May 5, 2014 Re: Code Enforcement Complaint - Vineyard 48 SCTM# 1000-96.4-4.3 The Planning Board is hereby filing this complaint with the Building Department and Code Enforcement regarding site plan violations at the site referenced above. The operation of this site has been a source of adverse impacts to public safety and quality of life, and the Planning Board imposed strict conditions to mitigate these impacts. These conditions are being ignored by the property owner, despite a reminder letter sent in early April (see attached). Town Code Section 280-132 provides that conditions of a site plan approval are enforceable immediately (see below), and Section 280-130 states that failure to comply with a term or condition of an approved site plan constitutes a violation and refers to Section 180-155 for the penalties (these Code Sections are provided below for clarity as to the intent of this complaint). The Planning Board has witnessed three violations of the site plan approval conditions (see attached for a list of those conditions that are immediately enforceable and for the complete listing of the conditions from the 2013 approval). The conditions that have been violated are as follows: 1. Condition 6, which directs the applicant to remove the cigar store sign and cease retail sales from that building (labeled "Office and Lab" on the site plan) The sign on the premises refers to a "cigar factory" when the Planning Board's conditions and the ZBA decision clearly state that a cigar store is not permitted in this zone (see attached photo). 2. Condition 7, which directs that all retail sales accessory to a winery be conducted in the wine-tasting building (labeled "1-sty fr. Building on the site plan). 1 It appears the cigar store remains stocked and ready for use. (see photo attached) 3. Condition 5, which prohibits any tents/canopies on-site without a Special Events Permit. Tents/canopies were erected over the weekend and observed by the Police Department and the Planning Department (see attached police reports). Video of the tents is available from the Police Department. We believe these violations fall under Code Section 280-130 G —failure to comply with a condition of site plan approval. The applicant has been given ample opportunity to correct the situation and has not done so to date. The Town Attorney has informed us that the fact that the applicant has filed an Article 78 against the Planning Board's decision does not mean they are immune from prosecution of code violations. The Planning Board requests that immediate steps be taken to ensure compliance with the site plan conditions. Please respond in writing to the Planning Board with any actions taken or proposed to be taken with respect to code enforcement at your earliest convenience. Code Sections cited above: § 280-130. Approval of site plan required. G. Failure to comply with a term or condition of an approved site plan shall be a violation of this article and shall be subject to such penalties as are set forth in 4 280-155 of this chapter. The Planning Board shall retain jurisdiction and shall have the right, after a public hearing, to modify, suspend or revoke such approval or any term or condition thereof or to impose thereon one or more new conditions, based upon one of the following grounds: (1) False statements or mistake of material fact: materially false or inaccurate statements in the application, supporting papers or supporting testimony of a material fact, which fact, had it been known to the Planning Board at the time of its review, would have resulted in a denial of the approval sought. (2) Noncompliance with the terms and conditions of such approval: failure of the applicant-permittee to comply with any conditions or terms of a royal. § 280-132 Duration of plan. [Amended 4-10-2012 by L.L. No. 5-2012] A. An approved site plan shall be valid for a period of 18 months from the date of approval. All work proposed on the plan shall be completed within 18 months from the date of approval unless a longer period was approved or the applicant obtains an extension from the Planning Board. However, all terms and 2 conditions of any approved site plan or approved amendment are immediately enforceable, and compliance is required prior to the commencement of the approved use, unless the Planning Board expressly states an alternative period of time for compliance within the site plan approval. § 280-155. Penalties for offenses. [Amended 6-2-2009 by L.L. No. 6-2009; 6-15-2010 by L.L. No. 2-2010] A. For each offense against any of the provisions of this chapter or any regulations made pursuant thereto or for failure to comply with a written notice or order of any Building Inspector within the time fixed for compliance therewith, the owner, occupant, builder, architect, contractor, or their agents, or any other person who commits, takes part or assists in the commission of any such offense or any person, including an owner, contractor, agent or other person who fails to comply with a written order or notice of any Building Inspector or Zoning Inspector shall, upon a first conviction thereof, be guilty of a violation, punishable by a fine not exceeding $5,000 or by imprisonment for a period not to exceed 15 days, or both. Each day on which such violation shall occur shall constitute a separate, additional offense. For a second and subsequent conviction within 18 months thereafter, such person shall be guilty of a violation punishable by a fine not exceeding $10,000 or by imprisonment for a period not to exceed 15 days, or by both such fine and imprisonment. cc: Peter Doherty, Code Enforcement Officer Encs. 3 t i I I V f Vineyard 48 Cigar Store Photos. April 25, 2014 F I Cigar display cases with cigars. " 4 Wt u � Sign including the words "Cigar Factory" Vineyard 48 — Conditions in effect right now (see full text of Planning Board resolution (attached)for more details) A. Retail sales (cigars, bottles of wine, wine tasting) ➢ Retail sales (wine accessories, wine, cigars) not permitted in the building currently being used for cigar sales. ➢ Retail sales are permitted only in the wine-tasting building. _m. _ .._ _.._. . ... m�. ➢ The cigar store sign must be removed. B. Parking ➢ All vehicles must remain with their passengers on site o No dropping off and leaving the site. o No waiting in the driveway ➢ All vehicles must park in approved designated parking spaces o No exceeding the parking limit o Once parking spaces are full, no more vehicles are allowed on site to drop anyone off until a parking space opens up. o Use the existing parking plan showing 34 standard size parking spaces until the new plan is submitted and approved. 0 34 standard 9x19 parking spaces does not equal 34 buses or limousines. Oversize vehicles may use as many standard parking spaces as necessary to accommodate them. 0 16 spaces in the front, and 16 spaces along the east side of the building. o Parking not allowed anywhere else on the property. o Parking not allowed in the open area at the back property line near the tracks. C. Music ➢ All amplified music and other amplified sounds shall be contained entirely indoors _._ in the wine tastir '. M ti! _ I.l d . rid r M t r Ir sed. ......�_..�-. D. Tents ➢ No tents, canopies, sails, awnings or other coverings unless they have a Special Event Permit. ➢ Individual table umbrellas are permitted. 1 Vineyard 48 — Conditions in effect right now (see full text of Planning Board resolution (attached)for more details) E. Screening ➢ Portable toilets must be screened from CR 48. ➢ Screening material must be pre-approved by the Planning Board.. F. Food ➢ Any food provided to patrons on site must be in accordance with all Local, County and State regulations. The applicant received a letter in December with all the above in detail. 2 Vineyard 48 — Conditions from Planning Board decision December 17, 2013 RESOLVED, that the Southold Town Planning Board grants Approval with Conditions to the site plan application for Vineyard 48, and the most recent plan submitted entitled "Amended Site Plan for Vineyard 48", dated June 5, 2013 and last revised August 14, 2013, prepared by John T. Metzger, L.S. with the following conditions: 1. The maximum number of parking spaces permitted for the accessory wine-tasting use at this site is 23 standard spaces at 9' x 19', six (6) limousine/over-sized spaces at 9' x 25', and six (6) bus parking spaces at 15' x 45'. See conditions below for more details on the locations of these parking spaces. 2. All vehicles bringing patrons to the site must remain on site with those patrons, and must park in approved designated parking spaces as required under Town Code Section 280-78H. 3. Parking is allowed only in areas approved as parking spaces by the Planning Board on the approved site plan. Over-sized vehicles such as limousines and buses may park only in over-sized spaces designated for limousines and/or buses, and may not park in spaces designated as standard 9' x 19' parking spaces. When the approved parking areas are full, no more vehicles may drop off patrons until a parking space becomes available. Vehicles may not park, stand or wait in the driveways, except to drop off patrons and proceed to an open parking space, or to pick up patrons after leaving a parking space. Until such time as the proposed site plan (the subject of this application) is revised to reflect the conditions herein, the parking plan shown on the as-built approved site plan entitled "Site Plan for Vineyard 48" dated August 14, 1996 (Final) and last revised May 18, 2006 will be in effect (34 standard size parking spaces). Parking in other locations on the site and parking off site is not allowed and will be a violation of this site plan approval. 4. All amplified music and other amplified sounds shall be contained entirely indoors in the-wine tasting building with all doors and windows closed. 5. Tents, ,,cano iessailsawnings or othem �T�IT p g r coverings are prohibited except in �µ connection with a Special Event Permit. Individual table umbrellas are permitted, 3 Vineyard 48 — Conditions from Planning Board decision December 17, 2013 --... �.._.�._._. .. _..� a..� 6. Remove the cigar store sign and cease retail sales from the building labeled as "Office and Lab" on the proposed site plan. A cigar store is not a permitted use according to the ZBA (decision dated November 7th, 2013, File #6685). . Ike r sales accessoryto a wine are ermitted in the . __ .. ._ . winery p wine-tasting WORA g only (identified as 1-sty fr. building on the proposed site plan and the 2006 site plan). 8. Screen any portable toilets from view from CR 48, a New York State Scenic Corridor. The screening material must be approved by the Planning Board. The use of portable toilets must be in compliance with any applicable Local, County or State regulations. 9. Any food provided to patrons on site must be in accordance with all Local, County and State regulations. 4 Vineyard 48 — Conditions from Planning Board decision December 17, 2013 10.Submit nine copies of the site plan with the following revisions completed to the satisfaction of the Planning Board: a. Remove from the plan the proposed pole barn and references to tents, or any other outdoor shelter including but not limited to canopies or awnings. b. Remove from the plan all reference to a retail cigar store. c. Re-design the parking on the proposed site plan as follows: i. Eliminate the 100-car seasonal overflow parking area in the southwestern corner of the parcel. ii. Replace the 24 parking spaces in the rear of the buildings with six large parking spaces (15' x 45') behind the buildings, and designate these spaces as bus parking spaces on the plan and with signage on site. iii. Designate a drop-off area immediately adjacent to the main entrance to the building for buses and limousines. iv. Eliminate the western most parking space in the front of the building. v. Move the 16 parking spaces in the front of the building to their original location as shown on the approved "as-built" site plan dated August 14, 1996 (Final) and last revised May 18, 2006. vi. Eliminate the 5 parking spaces in the southeast corner to leave more room for buses to maneuver safely in and out of the parking lot. vii. Eliminate the northern most limousine parking space to allow more room for oversized vehicles to maneuver safely. viii. Shift the six limousine parking spaces to the east a few feet to widen the aisle to safely accommodate over-sized vehicles. ix. Remove the queuing lanes in the front of the building,. x. Designate on the site plan safe drop-off and pick-up locations close to the building for patrons exiting and entering vehicles. 5 Vineyard 48 — Conditions from Planning Board decision December 17, 2013 A Provide aisles in the parking areas with a minimum width of 22' as required by Town Code and to safely permit the passage of buses and limousines. xii. Designate all parking spaces on the site plan with parking bumpers. xii . Install signage to mark the entrance and exit driveways clearly, and add a stop sign with a "no left turn" sign at the end of the exit driveway. xiv. Provide a plan for stabilizing the surface of the parking areas shown on grass. xv. Eliminate the bus stall at the front of the site. d. Show the location of the portable toilets on the site plan, and screening for them. e. Pursuant to §172 of the Southold Town Code, 'require the applicant to provide the type and number of all replacement lighting fixtures, including the manufacturer's cut-sheets showing the characteristics and model number(s) to ensure code compliance. Provide photographs of all existing exterior light fixtures on site, and provide the location of all existing outdoor light fixtures on the site plan in addition to any proposed light fixtures. 11. Conditions Number 1 through 9 are in effect and enforceable for this site as of December 17, 2013. 12. List Conditions Number 1 through 9 on the site plan. The chairman is authorized to stamp the plan as Approved after the conditions have been met to the satisfaction of the Planning Board. As stated above, and pursuant to §280-132 Duration of plan of the Town Code, Conditions Number 1 through 9 are in effect and enforceable immediately. 6 Lanza, Heather From: Flatley, Martin Sent: Tuesday, April 29, 2014 1:46 PM To: Doherty,Peter; Lanza, Heather; Finnegan, Martin Cc: Russell, Scott Subject: Vineyard 48 Attachments: 14-2629.pdf, 14-2660.pdf This past weekend we were called to Vineyard 48 by Bill Shipman, as he complained that they had erected several tents in violation of Town Law. I have attached the police reports that we took and the tents are still in place. Martin Flatley Chief of Police Southold Town Police Department 41405 State Rt. 25 Peconic, N.Y. 11958 631-765-3115 i CopySouthold Police Department Report 04126/201410:07 Incident Report case# 01-14-002629 Case# .Report Occurred On/From Occurred . - To Report Type 04/26/2014 09:57 Or!2i, Deppat C Dept.Classification W�� .__._._,...... _�_......___ ...�.. N 14-002629 04126 20 10:07 Case Status Case Status Date Cleared POLICE INVESTIGATION CLOSED-NO ARREST(ADMI 04/26/2014 Common Name N ...,d 48 Day eofrWeek SATURDAY���RL 4E DR CUTCHOGUE,NY 11935 Sector:2 802 T Map Reference CUTCHI Total Damaged Property Value:$0.00 Location Type:YARD ToW Stolen Property Value:$0.00 Sor,gor.`.2 80 � _Total Recd prrz9 Prop ty ytu_(: G_.00 p Person T f u ler ss rs n Narn uslness Phone (CO) wim qsi tncn 1311. COMPLAINANT, llia ,�..-.� .�.... .�..�,�_....�� .. �..._ . ..._��- .�.... R Home Phone Persorr Address S j631) p. __ -trl10 a r» 1Y1_1936. rtJq'I'OLk4 Coun O Other Phone B Em 75Horseshoe ess u.._ .,. N _... Race Sex SSN DL Exp.Date DL Number WHITE Male .. .. Birth Date Birth City 0 412 8 11 972 Age:41 Body Marks: Ad all/Juvenfle ADUt 1 Fn a� f"r�rctcrt�, N Topic Orlglnat mmIT A R The complainant reports that Vineyard 48 has erected 4 white part tents and this is against the R Southold Town Planing Boards resolution. A '� Lt. Sawicki#810 did contact Southold Town Code Enforcement Officer Doherty about this matter. T The undersigned did take video of the tents in question using the 802 /4215 sector car. I The video is labeled "Investigation"dated 4126/14 with a start time of 12:57:08 PM. E Woo -2 55rra uve: 1 Reporting Officer Department Report Status: PO TIMOTHY J MCGOWAN (5250) SOUTHOLD TOWN POLICE Approved Supervising Officer DateMme Verifying Officer Department Date 1 Tlme SGT HENRY F SANTACROCE JR (6982) SOUTHOLD TOWN POLICE 04/261201413:40 l of 1 National Standard Incident Report 04/271201412:30 Incident Report Case Number 01-14-002660 _I _ p On/From a. _... _� tar Case Report Type N 01-14-002660 r 04/27/2014,12:30 04/27/2014 d 2 29 gccurred To 069!W C Incident Type Case Status Case Status Date Cleared ~� POLICE_INVESTIVAJION CLOSED-NO ARREST(ADMi 04/27/2014 _ D I/LCommonNa...... Name E (; LIC Count __ ..� ..._,.. NDay p ._,. CUTCHI ...... w � Toth 9 Map VINEYARD e5 18910 ROUTE 4Bm„CUTCHOVUE NY 1 93� "�4.It t"0...�� Sector:2 802 Total Dama ed Property Value:$0.00 Location Type:YARD Tot kl Stolen Property Value:$0.00 Sect¢ar t1C 2 _�.. _ m Total StolenProperty r°'r 1!�lu U,,00 P Person Type Busines /Parson Name �.. � r�usinoss hone E C�:11 R HomePhone Pc'nrlress O � Cell Phone IT"tJl..l�,C",oaga7t�r S 4J rraployer Address N _ _�� Race _.. -Sox� PSSN DL Exp.Date DL Number Birth Date w_ Birthcity Body Marks: i'snri of iaersnn; IN Topic Original A R While on patrol the undersigned did observe 4 tents still erect on the property of the above I/L. R The undersigned did observe the tents being erected yesterday. (CC# 14-2629) A '� The undersigned did take a video of the tents using the 802 /4216 vehicle in car Camera. 4/27/17 at 12:29:01 tabled "investigation". V E rrci cr ttSCivO, ) Reporimg Officer Department .�. ..... . _ rtment Report Status: PO TIMOTHY J MCGOWAN (5250) SOUTHOLD TOWN POLICE Approved 0 111 icer Name _.........�...�.. ..�....... .._...°.. .._...� __.......� �w.. _ Date/Time Verifying ..�- � ........,w,.�.....�..._.... _ .._.. _..�. .,.�,� - .� ..,.,.. �...�..mm.,,-,� fy g Ofticer Department Date/Time SGT THEODORE O BEEBE,JR. (5140) SOUTHOLD TOWN POLICE 04/27/2014 14:51 _..� ......__.._ _ .. . . ....... _. . - _.. .� Of I �r� Ma MAILING ADDRESS:.. PLANNING BOARD MEMBERS t" � + /'P P.O. Box 1179 DONALD J.WILCENSKI � w Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR � Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 1, 2014 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Amended Site Plan for Vineyard 48, SCTM#1000-96-4-4.3 Dear Ms. Moore: am writing as a follow-up to the December 17, 2013 letter sent to you regarding the application referenced above. As you may recall, the letter details the conditions of the approval granted by the Planning Board, and includes a reminder that conditions on approved site plans are enforceable immediately. These conditions included, among others, the requirement to revise the site plan and submit it to the Planning Board, which has not yet been done. While the Town expects full compliance with all provisions of the Planning Board approval, the items that are in need of immediate attention are those pertaining to the cigar store.and retail sales of cigars and other items (Conditions #6 & 7). Per the ZBA decision #6635 on November 7, 2013, a cigar store is not a permitted use in this zone, and no reference to a cigar store or cigar factory may be included on a sign on the premises. Further, the Planning Board restricted all retail sales of wine and wine accessories to the retail wine-tasting building, labeled "1 sty fr.building" on the site plan. No retail sales are allowed from any other building on site. Please be advised that this matter will be referred for code enforcement action if the sign and retail sales are not in compliance with the Planning Board decision by April 15th, 2014. If you have any questions, please do not hesitate to call this office. Very truly yours, Heather Lanza Town Planning Director cc: Michael Verity, Chief Building Inspector Planning Board Site Inspection Record Project Name Vw Vad _ _ Tax Map#.. ..q - W Attending: Purpose of site visit: Notes: MS4 Reporting Illicit discharge on or near site? Y or N If Yes, briefly describe: (provide copy of this report to Town Stormwater Manager) °� � ���, ���� i nu iuii� u� �r�� a yuuuuuuuuuui'j ������� 1111111 a� °� � � �ar � � e. �x .�ti "�� P �� �� , y, �w, � '""�' :° �" o�. ;, ,. �„� � "'�ti �� ,m� � la � "� ,� ��� i �� � ®� ���//i / i�, ,�/it � j .; I „�/ Dili,� i ij j / ,, /,, �; � �� �� � jai„ r��fr% /, , � �f% �r �� � � r�J �� � lu iiia i1�ii iii i %l/%/% J /'� l%%%i�(hA)5/�f%y�/./'yll�ll/lf(ffIl911f0 1 „� /i /r�ii�%//li///%rr�� % �%/%iii//ir,ri i i i r; �i /ilrll�rr f n ri/ a//iii io� � / /����� ((f I � // o i� G 1/ f. ,�;� i,' � �U,N �. u 'ww u ��t � �1 ,� a ��,,; � ., �,,, r�t��% � � �,. �',�,� ®' �� s ��� y MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 DONALD J.WILCENSKI � ' Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. CREMERS "a , Town Hall Annex PIERCE RAFFERTY 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR � Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 1, 2014 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Amended Site Plan for Vineyard 48, SCTM#1000-96-4-4.3 Dear Ms. Moore: I am writing as a follow-up to the December 17, 2013 letter sent to you regarding the application referenced above. As you may recall, the letter details the conditions of the approval granted by the Planning Board, and includes a reminder that conditions on approved site plans are enforceable immediately. These conditions included, among others, the requirement to revise the site plan and submit it to the Planning Board, which has not yet been done. While the Town expects full compliance with all provisions of the Planning Board approval, the items that are in need of immediate attention are those pertaining to the cigar store and retail sales of cigars and other items (Conditions #6 & 7). Per the ZBA decision #6685 on November 7, 2013, a cigar store is not a permitted use in this zone, and no reference to a cigar store or cigar factory may be included on a sign on the premises. Further, the Planning Board restricted all retail sales of wine and wine accessories to the retail wine-tasting building, labeled "1 sty fr.building" on the site plan. No retail sales are allowed from any other building on site. Please be advised that this matter will be referred for code enforcement action if the sign and retail sales are not in compliance with the Planning Board decision by April 15th, 2014. If you have any questions, please do not hesitate to call this office. Very truly yours, Heather Lanza Town Planning Director cc: Michael Verity, Chief Building Inspector Kalin, Carol From: betsy@mooreattys.com Sent: Tuesday, December 17, 2013 11:14 AM To: Kalin, Carol Cc: margaret@mooreattys.com; pcmoore@mooreattys.com Subject: RE:Vineyard 48 Resolution Importance: High Pat is not available today to review the resolution. She will respond upon her return. thank you. Betsy Perkins LA Moore Law Offices William D. Moore, Esq. 631.765.4663 Patricia C. Moore, Esq. 631.765.4330 mailing 6 physical address: 51020 Main Road Southold NY 11971 fax number for both 631.765.4643 www.mooreattys.com -------- Original Message -------- Subject: Vineyard 48 Resolution From: "Kalin, Carol" <Carol.Kali n@town.southold.ny.us> Date: Tue, December 17, 2013 10:23 am To: "pcmoore@mooreattys.com" <pcmoore@mooreattys.com> Cc: "betsy@mooreattys.com" <betsy@mooreattys.com>, "margaret@mooreattys.com" <margaret@mooreattys.com> Pat, If you can't come over today to sign the last page, you can e-mail it back to me. Thanks - CK Secretarial Assistant Southold Town Planning Board Town Hall Annex at Capital One Bank 54375 NYS Route 25, P.O. Box 1179 Southold, New York 11971 631/765-1938 phone 631/765-3136 fax i rV sot/ Town Hall Annex yy� Telephone )765-1802 1)765-1802 54375 Main Road T Fax (631 65-9502 P.O. Box 1179 T �� Southold, NY 11971-0959 BUILDING DEPARTMENT TOWN OF SOUTHOLD MEMORANDUM DEC 162013 TO: Donald J. Wilcenski, Planning Board Chairman FROM: Michael J. Verity, Chief Building Inspector DATE: December 16, 2013 REQUIREMENTS FOR SITE PLAN ELEMENTS & CERTIFICATION Project: Vineyard 48 Location: 18910 CR 48, Cutchogue SCTM# 1000— Section 96 - Block 04—Lot 4.3 Date: June 05, 2013 Revised Date: August 14, 2013 1. ALL BUILDINGS AND USES SHALL COMPLY WITH CHAPTERS 144 AND 280 OF THE SOUTHOLD TOWN CODE. 2. OFF STREET PARKING BY AUTHORITY OF THE PLANNING BOARD. 3. ALL FENCING, SCREENING AND LANDSCAPING BY AUTHORITY OF THE PLANNING BOARD. 4. THE PROPOSED USE WINERY IS A PERMITTED USE IN THIS AC DISTRICT AND IS SO CERTIFIED. Michael J. VerYy Chief Building Inspector • • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 DONALD J.WILCENSKI O���F S�UTiyOI Southold, NY 11971 Chair( OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTP G 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR Ol�COU Southold,NY 11,, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael J. Verity, Chief Building Inspector From: Brian Cummings, Planner Date: December 4, 2013F./- Re: , 2013Re: Amended Site Plan for Vineyard 48 Located at 18910 CR 48, #340'w/o CR 48 and Depot Lane, Cutchogue SCTM#1000-96-4-4.3 The Planning Board has found this site plan application suitable for determination pursuant to §280-131 F (1) and refers the application to you for final review and certification. 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 over-flow 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. Thank you for your cooperation. Encls: Site Plan Application Site Plan Fr' • • MAILING ADDRESS: PLANNING BOARD MEMBERSO���F SU(/l�ol Souhold,ox 1179 11971 DONALD J.WILCENSBI Chair Q OFFICE LOCATION: WILLIAM J.CREMERS +� Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III 4Z5 (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR l�'`,oU Southold, NY I'1, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael J. Verity, Chief Building Inspector From: Brian Cummings, Planner Date: December 4, 2013 Re: Amended Site Plan for Vineyard 48 Located at 18910 CR 48, ±340' w/o CR 48 and Depot Lane, Cutchogue SCTM#1000-96-4-4.3 The Planning Board has found this site plan application suitable for determination pursuant to §280-131 F (1) and refers the application to you for final review and certification. 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 over-flow 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. Thank you for your cooperation. Encls: Site Plan Application Site Plan Southold Planning Department Staff Report Site Plan Application Work Session Date December 2, 2013 Prepared By: Brian Cummings and Heather Lanza I. Application Information Project Title: Vineyard 48 Project Description: This amended site plan is for the proposed construction of a 40' x 100' pole barn pavilion with two walls, a re-design and expansion 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. 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. II. Action Review public hearing testimony, materials submitted by the applicant, and all staff and agency comments on the application. III: Analysis The intensification of use at this site and additional parking requirements triggered the need for an amended site plan. The Town filed an action seeking an injunction against the applicant in an attempt to curtail the many problems stemming from an intensified use of the site. Pursuant to Town Code §280-128 A & B, and §280-129, The purposes and objectives of the site plan approval process include, in pertinent part, the following: (1) Protecting the established character and value of the adjoining properties and the neighborhood. (2) Lessen and prevent traffic congestion on streets. (3) Prevent overcrowding of land or buildings (4) Public safety (5) Minimize noise to adjoining properties from sound systems The subject of this application, known as Vineyard 48, is a relatively small vineyard with a winery and accessory wine tasting room on 14.9 acres. It is located in a neighborhood with many residences nearby. There are six residences adjacent and two directly across CR 48, all within 600 feet of the wine-tasting area. In addition, there are another 38 homes in the neighborhood across the street. Public hearings were held on this application on June 3 and July 1, 2013. Both hearings contained public testimony from numerous neighbors describing the long term adverse impacts to their quality of life as a result of the manner in which this site has been and is being used. Written testimony with similar accounts was also submitted. They described the transformation of the site from a sedate, quiet small-scale winery focused on wine- tasting, into a full-fledged, often raucous party site that draws large noisy crowds of many hundreds of people on a regular basis where the focus is on entertainment and drinking alcohol. The applicant confirmed in their testimony and written correspondence that they intend to continue this business model, stating that they expect to have up to 725 people on site on their busiest days. Based upon detailed information provided by the applicant and the public regarding the extent and intensity of its use, the Planning Board requested that the Zoning Board of Appeals determine if the intensity of the use as a dance/social club and independent cigar store were permitted as part of the principal use of a winery or a permitted accessory use for a winery. The ZBA determined the following: The circumstances presented to this Board identify a general business plan that includes permitting over 500 patrons on a site at one time, with loud/pulsating music, with a bar/night club type atmosphere where the focus is not on learning 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... ...this type of activity is not consistent with the agricultural/residential zoning of the property... 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. In light of the ZBA findings and determination, the Planning Board is addressing the intensification of use as well as a redesign of the parking on this site. 1. Existing uses on site The principal permitted uses of the site are a vineyard and a winery. The winery produces wine from the grapes from the vineyard (according to the applicant, the 2 majority of the grapes used to make their wine are the grapes grown on the vineyard at this location and a nearby vineyard they also own). Permitted accessory uses onsite include retail wine sales and wine tasting. Other permitted accessory uses existing on site include a storage barn and an office. There is a cigar store/cigar factory on site located in the building noted as "Office & Lab" on the current proposed site plan. This building's history is as follows: 1. Certificate of occupancy in 1985#13190 Accessory Barn (Tractor Shed) (built in 1983 or 84) 2. C.o. #16421 Addition to Existing Agricultural Building (for storage) (built in 1985) 3. 1988, ZBA Special Exception conditional approval — conditioned on site plan approval from Planning Board (none applied for or received). 4. No certificate of occupancy for retail in this building was ever obtained as far as this office could locate. Instead, in 1995 an application was made for site plan approval for a new wine tasting pavilion for what is now the wine tasting building on the site (labeled as 1 sty fr. Building on the proposed site plan). The following is allowed in this zone as accessory to a winery, pursuant to §280-13C (10): "Wineries may have an accessory gift shop on the premises which may sell items accessory to wine, such as corkscrews, wine glasses, decanters, items for the storage and display of wine, books on winemaking and the region and nonspecific items bearing the insignia of the winery." On November 7, 2013, in File No. 6685, the ZBA decided the following with regard to a separate cigar store at a winery: "...a stand-alone retail cigar store is not a permitted use in the AC zone..." 2. Public hearing and written submission concerns received by the Planninq Department: The record for this application contains numerous reports regarding activities resulting from the use at this site that have adversely affected the established character and value of their properties and of the neighborhood. The public testimony includes reports of excessive noise, traffic and pedestrian safety hazards and nuisances, large noisy crowds, and intoxicated people trespassing and behaving inappropriately. There are numerous photos with examples of these traffic 3 hazards and inappropriate behavior of trespassers. Supporting the neighbor's testimony in the record are copies of police reports documenting these problems. Additionally, the ZBA has issued an interpretation that the use of a winery in such a manner is inconsistent with the AC zoning district and is not permitted as a part of, nor as an accessory to, a winery use. The record shows that these problems have continued over multiple years, despite pleas directly to the owners from neighbors, and despite repeated police calls to the site. The main problems documented throughout the record that must be addressed are as follows: ➢ Noise ➢ Parking, traffic safety and pedestrian safety issues ➢ Adverse impacts to the established character and value of the adjoining properties and of the neighborhood. Noise The record shows a pattern of the use of this site producing noise pollution. Although the applicant claims to have and use a decibel meter to prevent the volume from exceeding the decibel limitation set forth in Chapter 180, volume alone is not the deciding factor in whether noise pollution exists. Pursuant to Town Code §180-4, the following is considered noise pollution: Airborne or amplified sound which: A. Causes temporary or permanent hearing loss in persons exposed; or B. Is otherwise injurious, or tends to be, on the basis of current information injurious to the public health or welfare; or C. Disturbs a reasonable person of normal sensitivities; D. Exceeds standards or restrictions established herein; or E. Interferes with the comfortable enjoyment of life and property or the conduct of business. The following are deemed to interfere with the comfortable enjoyment of life and property or the conduct of business: (1) Yelling or shouting that disturbs the quiet, comfort or repose of person or persons residing or occupying an adjacent or neighboring property. (2) The using of, operating of or permitting to be played, used or operated, any radio, receiving set, musical instrument, phonograph, television set or other machine or device for the producing or reproducing of airborne or amplified sound in such a manner as to disturb the peace, quiet and comfort of the person or persons residing or occupying an adjacent or neighboring property. 4 The Board's record shows the use of this site has repeatedly caused noise pollution as defined in §180-4 C & E (1) & (2). From 2010 to the present, there have been numerous complaints filed with the Southold Town Police regarding noise from this site. This demonstrates a long pattern of noise pollution despite the owner's knowledge that the neighbors were being unreasonably disturbed by the activities on site. Examples of the noise problems are the yelling and shouting by patrons, the recorded music being played by a DJ, both by its volume and vulgar content, and the amplified voice of the DJ shouting vulgarities, all of which have been reported by the neighbors to be disturbing the quiet and comfort of persons residing at adjacent and neighboring properties. In addition, the duration of the loud DJ music, from noon to 7pm nearly every Saturday and Sunday from late spring through late fall exacerbates the problem. There are numerous reports by neighbors on the record about the noise preventing them from being able to enjoy the outdoor space in their yards, and having to close their windows on summer days due to the noise every weekend. Finally, the ZBA has determined that the use generating this noise problem is inconsistent with the agricultural/residential nature of the AC Zoning District. Parking, traffic safety and pedestrian safdt issues Information in the record demonstrates that parking, traffic safety and pedestrian safety are issues that need to be addressed at this site. There have been numerous calls to police regarding traffic hazards resulting from the use of this site over the past two and a half years. The Planning Board record also contains first-hand accounts of traffic safety and pedestrian safety hazards witnessed by neighbors and passer-by. In one instance apparently intoxicated pedestrians were seen crossing CR 48 to get to their limo parked on the other side of the street, and in another, a car traveling on CR 48 nearly collided with a limo attempting a U-turn on CR 48. Other safety problems include parking on CR48 and queuing on CR 48 waiting to get into the driveway. In addition, the site is clearly not in compliance with Town Code Section 280-78 H which requires that parking for the use of the site be contained on site. At the hearing, there were numerous reports of limousines and buses attempting u-turns on CR48 and having to make multiple maneuvers back and forth to make the turn, blocking traffic and creating a life-threatening hazard. Vehicles on CR48 typically travel at least 55 mph. There was also more than one report of vehicles leaving the winery and traveling westbound in the eastbound lane of CR48. Photos show limousines and buses lined up on both sides of CR 48, discharging passengers, and blocking sight lines for nearby side streets. Reports of patrons 5 crossing CR48 to get to their vehicles were made part of the record, as were reports of buses and limo's driving down the adjacent private road not designed for large vehicles to safely travel and turn around. Numerous limousines and buses were also reported as driving through, parking, and idling in the nearby residential neighborhood. Adverse impacts to the established character and value of the ad"oininr properties and of the neighborhood. There are numerous reports on the record of apparently intoxicated people walking from the wine tasting building area and trespassing into neighbors' yards to urinate, fornicate and defecate. There are also reports on the record of nudity in the vineyard, fighting, and yelling and screaming so loud as to create noise that disturbs the quiet, comfort or repose of persons residing in neighboring properties (prohibited by Chapter 180). The record shows evidence of large crowds of over 600 people being on site, and the applicant has stated on the record that they plan to have as many as 725 people on site as part of their regular operation at their busiest times The Southold Town Police report that this site has generated 3 —4 times the number of police calls compared to other wineries in the Town. The ZBA, in their File No. 6685, stated that this intense use of the site is not permitted in the AC zoning district. IV. Referral review: A. Suffolk County Department of Public Works (SCDPW) Staff met with SCDPW engineers at the site to discuss the issues raised on the record. SCDPW offered suggestions including one-way signs in the median facing the driveway (they have since installed them), and No Parking or Standing signs along the shoulders in the area. SCDPW advised staff that the shoulders on CR 48 in this area are not adequate or safe for parking. They stated that the Town is responsible to install No Parking signs if they feel they are needed (the Town Board has passed the requisite resolution and the Town Highway Department will be installing these signs in the near future). B. Suffolk Count Department of Health Services SCDHS The applicant has applied to SCDHS, but has not completed their application with that agency. We were told the pole barn at full occupancy would put them over their allowed flow for the entire property and for them to get approval to build, they would have to provide an affidavit limiting the occupancy of the pole barn to something less than the 267 people allowed by building code. Their application with SCDHS is still pending. C. Suffolk Countv Planninq Commission 6 Exempt: Applications proposing less than 5,OOOsf of new or renovated floor area D. Office of the Engineer 1. The farm roads used for access to the additional parking must be constructed to meet the minimum requirements of the Highway Specifications for Stone Blend Roads. All stone blend roads with two wa vehicular traffic should have a minimum avement width of twent (20') feet. Provide Cross Section Details. 2. The parkin lot travel Nanes should aNso be constructed to meet the minimum re uirements of the Hi I ?ay S ecifications for Stone Blend Roads. Provide Cross Section Details. 3. All arass parkina stalls must be stabilized to accommodate the proposed parking. This item should be en ineered and detailed on the site larl.. 4. A Storm Water Manacternent & Erasion Control Plan Must bp_prcavided to meet the re uirements of Clea ter 23r of Touv Code. This plan must include erosion & sediment controls for all land disturbance and it must provide for the containment of a 2" rainfall over all proposed roof structures, access driveways and parking areas. A standard runoff coefficient of 0.6 may be used for all new stone blend roads, access driveways and grass pavement areas. Any & all surfaces that may be ro osed ails ervioLIs must :rrovideermeabilit tests to meet them r q�w ements of the New York State Storms Water Design Manual, Provide Cross Sections and/or Details for all drains e & storm water controls. 5. The proposed new parking lot is located in the South Westerly corner of the property. The proposed 20' wide buffer along the southerly property line is adjacent to the LIRR and considered satisfactory. The westerly pmpgqyijne is ad ewed k the Plannin Board for consideration of a Iger buffer. E. Cutchogue Fire District 1. The Board of Fire Commissioners has no objections to the proposed site plan F. Fire Marshall 1. No reservations regarding the proposed site plan G. Architectural Review Committee (ARC) 7 The Committee reviewed the proposed project and recommends the following: 1. Change the proposed rectangular windows to fixed double-glaze square windows, centered on each wall section 2. The use of the maximum sound insulation possible within the walls of the proposed structure 3. The proposed overflow parking area is to be dedicated to an overflow parking area only, not to be used as a future location for any tents 4. Add to the site plan, the specific quantity and location of all seasonal port- a-potties and add landscape screening around the designated area. 5. With regards to additional landscape screening on the property, please refer to the attached planting plan prepared by the ARC on May 16, 2013. a. 6'-8' high Coniferous Broadleaf screening along front- angled parking area b. Three (3) shade trees off of the NW corner of the proposed pole barn c. 4-5 shade trees along the eastern edge of the proposed parking area, running along the east side of the existing buildings H. Southold Town Transportation Commission 1. The Commission determined that the site plan does not address major public safety issues surrounding the site and recommends the following: a. "NO Standing" signs should be erected from "Zuhoski's Lane" [private dirt road] to Depot Lane on both sides of CR 48. Staff: A resolution by the Town Board has been completed. Awaiting Highway Dept to install the signs b. "Ingress and Egress" signs should be clearly marked and erected at this site. c. "Right [turn] Only" sign should be erected in the median across from the egress area. Staff: SCDPW has installed right-turn only signs in the median across from the driveways of this site. d. Parking of buses and limos must follow Town Code requirements. I. LWRP The proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed actions to construct a pole barn pavilion with two walls and re-design the�xistin arkingareas are recommended as CONSISTENT with the LWRP. These actions were found CONSISTENT considering the proposals to contain noise and vehicles on site at appropriate locations. The proposal for an addition of seasonal overflow parking area with 100 parking spaces is recommended as INCONSISTENT with the LWRP. The action does not meet or further Policy 1. Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of coastal location, and minimizes adverse effects of development. The proposal to locate a 100 space seasonal overflow parking lot ±490' from the winery does not enhance community character or minimize adverse effects of development for the following reasons: a. The overflow parking area is located within 20' from a residential lot (unimproved) and 70' from a residential lot improved with a single family residence. Noise and dust resulting from traffic entering and leaving the parking area is expected reducing the quality of life to surrounding residences. b. The proposed site plan excludes the following safety elements in the parking area: i. There is no lighting proposed for the parking area along pedestrian routes. ii. Pedestrians (including children) would be routed through a vineyard with potential hazards (e.g. wires, posts) iii. A plan (signage, bollards) has not been proposed that clearly delineates the pedestrian route from the vehicle routes. Parking areas should be clustered with existing development to maximize safety of such areas. It is recommended that the overflow parking area be relocated to the southeast corner of the parcel (against Cutchogue Power Co. LLC). Appropriate buffers should be constructed between the property line and parking area. Further, the seasonal overflow parking should be designed to accommodate commercial buses, limousines and other large vehicles on-site rather than 1-6 private passenger vehicles. Private passenger vehicle parking should be located in close proximity to the retail operations to separate vineyard operations and retail operations J. Plannin staff 1. Exterior Lighting: a. §172(8) B. All applications for site plan and subdivision approval shall include lighting plans certified by a licensed professional, luminaire and controls specifications and additional documentation, if any lighting is to be used, regardless of whether the lighting is preexisting or 9 proposed, showing ... that the lighting conforms to the provisions of this chapter i. Staff: There are existing light fixtures on site that do not meet the minimum Code standards for exterior lighting. ii. There are two complaints to police department from neighbors about intrusive light from this site. 2. On site circulation a. Parking: 1. Six (6) ADA compliant parking stalls are required for parking areas consisting of 151-200 proposed stalls. L Staff: Two (2) are provided; no additional stalls proposed. 2. A 20' aisle width is proposed along the area east of the existing buildings containing six (6) proposed parking stalls. L Staff: Town Code requires a minimum aisle width of 22' b. Queuing 1. There are four (4) queuing lanes shown on the site plan @ 10', 9', 9' and a 14' wide drop-off lane (totaling 42') H. Queuing breakdown: i. 10' lane = 4 buses @ 40' long ii. 9' lane = 7 limos @ 25' long iii. 9' lane = 11 cars @ 16' long iii. The queuing lanes immediately abut the proposed parking stalls along the front vines, leaving no aisle width for exiting cars and no pedestrian pathway for patrons utilizing these parking stalls and having to cross the four (4) queuing lanes. c. Proposed 100 car- Overflow Parking Area: 1. A small dirt road that has access to a private dirt road exists in the SW corner of the subject site; the subject parcel does not have legal access to this road or the private road it leads to. V: Staff Recommendations Consider whether any revisions to the plan are necessary to address the issues identified, and the referral comments. 10 q so _ - OFFICE LOCATION: O�� yQl MAILING ADDRESS: Town Hall Annex O P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. & Youngs Ave.) CA Southold, NY 11971 • �0 Telephone: 631 765-1935 Q�y�OUNTY,�c� Fax: 631 765-3136 LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Donald Wilcenski, Chair Town of Southold Planning Board From: Mark Terry, Principal Planner LWRP Coordinator Date: July 22, 2013 November 26, 2013 (Revised) NOV 2 62013 Re: Site Plan for Vineyard 48 - - 18910 CR 48, Cutchogue SCTM# 96.-4-4.3 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 over-flow 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 proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed actions to construct a 40' x 100' pole barn pavilion with two walls and re-design the existing parking areas are recommended as CONSISTENT with the LWRP. The actions were found CONSISTENT considering the proposals to contain noise and vehicles on site at appropriate locations. The proposal for an addition of a seasonal overflow parking area with 100 parking spaces is recommended as INCONSISTENT with the LWRP. The action does not meet or further Policy 1. (below). Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, 0 • makes beneficial use of a coastal location, and minimizes adverse effects of vel de opment. The proposal to locate a 100 space seasonal overflow parking lot 490+' from the winery does not enhance community character or minimize adverse effects of development for the following reasons: 1. The overflowarkin area is located within 20' from a residential lot P 9 (unimproved) and 70' from a residential lot improved with a single family residence. Noise and dust resulting from traffic entering and leaving the parking area is expected reducing the quality of life to surrounding residences. 2. The proposed site plan excludes the following safety elements in the parking area: a. There is no lighting proposed for the parking area and along pedestrian routes. b. Pedestrians (including children) would be routed through a vineyard with potential hazards (e.g. wires, posts) c. A plan (signage, bollards) has not been proposed that clearly delineates the pedestrian route from the vehicle routes. Parking areas should be clustered with existing development to maximize safety of such areas. It is recommended that the overflow parking area be relocated to the southeast corner of the parcel (against Cutchogue Power Co. LLC.) if such a use is deemed necessary. Appropriate buffers should be constructed between the property line and parking area. Further, the seasonal overflow parking should be designed to accommodate commercial buses, limousines and other large vehicles on-site rather than 1-6 private, passenger vehicles. Private, passenger vehicle parking should be located in close proximity to the retail operations to separate vineyard operations and the retail operations. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Brian Cummings, Planner • • P (� , �K , HT� BOARD MEMBERS Q f Sour Southold Town Hall Leslie Kanes Weisman,Chairperson 53095 Main Road• P.O.Box 1179 �� l0 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer w Jc Town Annex/First Floor,Capital One Bank eln George Homing 54375 Main Road(at Youngs Avenue) Ken Schneider IyCOU ��` Southold,NY 11971 http://southoldtown.northfork.net ZONING BOARD OF APPEALS TOWN OF SOUTHOLD D2 An 2 Tel.(631)765-1809•Fax (631) 765-9064 tS V lS MEMORANDUM NOV 142013 D I� Southold Town Planning Bvard DATE: November 13, 2013 TO: Heather Lanza, Don Wilcenski and the Members of the Planning Board FROM: Leslie Weisman, Chairperson,ZBA 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 I 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 SO 53095 Main Road•P.O.Box 1179 O Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Gcehringer CA Town Annex/First Floor,Capital One Bank George Homing • �O 54375 Main Road(at Youngs Avenue) Ken Schneider ly�(INIy Southold,NY 11971 i http://southoldtownn'irorrthfork.net RE EIV1rD ZONING BOAROF APPEALS TOWN OF SOUTHOLD NOVUUO 1 3 I'2013 Tel.(631)765-1809•Fax(631)765-9064 4/) j S�4 I FINDINGS,DELIBERATIONS AND DETERMINATIO p E C E D MEETING OF NOVEMBER 7,2013 ZBA FILE No.: 6685 �J u NOV 14 2013 NAME OF APPLICANT:Planning Board of the Town of Southold soomold Town planning Board 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) f 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-, 1. 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 fall-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. 1 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. I 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. j 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: I. I . . . 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 agriculturaVresidential 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 ZBAH6685—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. j 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. I 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 agriculturallresidential 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. I 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 i i Page 4 of 4—November 7,2013 • • ZBAk6685—Planning Board Southold Town Interpretation I. r 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 Dantes, it was RESOLVED,to approve the DETERMINATION. Vote of the Board:Ayes:Members Weisman(Chairperson), Goehringer, Dantes,Horning,Schneider. This Resolution was duly adopted(5-0). c i Leslie Kanes Weisman,Chairperson Approved for filing /a /2013 l I I I I SMITH, FIIVAELSTEIIV, LVIVDBERG, ISLER AND YAHABOSRI, I.I.P J ATTORNEYS AND COUNSELORS AT LAW U 456 GRIFFING AVENUE. CORNER OF LINCOLN STREET RIVERHEAD, N.Y. 11901-0203 FRANK A. ISLER (631) 727-4100 HOWARD M. FINKELSTEIN SUSAN ROGERS GRUN FAX (631) 727-4130 RETIRED LAIR G. BETTS JEANMARIE GUNDERSON PIERRE G. LUNDBERG RETIRED JONATHAN M. MARMO — DANIEL P. BARKER Direct E-Mail:fislerQsfliy.com FRANGIS J. YAKABOSKI JEAN K. DELISLE OF COUNSEL CHRISTOPHER B. ABBOTT September 24, 2013 REGINALD G. SMITH 1926-1983 Patricia C. Moore, Esq. 51020 Main Road Southold, New York 11971 Re: Vineyard 48 Dear Ms. Moore: Your letter of September 18, 2013 has been referred to us by the Planning Board for a response. As you know, the Planning Board has applied to the Zoning Board for an interpretation under Section 280-146(D) of the Town Code as to the permitted principal and accessory uses for wineries under the Zoning Code. The interpretation is needed before the Planning Board can act on your client's site plan application since planning boards are precluded from approving applications that violate Town Code. Town Code Section 280-146(D) was adopted pursuant to Town Law Section 267-a(4). As such, all further proceedings of the Planning Board are stayed pending the Zoning Board's determination under Town Law Section 267-a(6). Jtruly S, Frank //A.. Isler FAI/cd cc: Planning Board Martin Finnegan, Esq., Town Attorney • ��(� qL 1 kT�j lig Patricia C. Moore Attorney at Law 51020 Main Road Southold,New York 11971 Tel: (631)7654330 Fax: (631)765-4643 September 18, 2013 Donald J. Wilcenski, Chair Southold Town Planning Board P.O. Box 1179 Southold,New York 11971 Re: Amended site plan application Vineyard 48 SCTM 1000-96-4-4.3 Dear Mr. Wilcenski and Members of the Board: This is written in response to your letter of September 11, 2013 in which you advise that the Planning Board is "suspending its review" of the amended site plan application until the town's zoning board responds in some manner to an application submitted by the planning board. Please be advised that the Planning Board has no legal authority to suspend its review of a site plan application under the Southold Town Code or the New York Town Law and the applicant does not consent to any extension of the time-frames associated with the proper review and determination of an amended site plan application. Sincerel i i atricia C. Moore PCM/mr 0 MAILING ADDRESS: PLANNING BOARD MEMBERS O f SOU P.O. Box 1179 DONALD J.WILCENSKI �0�� y�� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. EMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III MARTIN H.SIDOR ���, (cor. Main Rd. &Youngs Ave.) eou N Southold, NY Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD September 11, 2013 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Proposed Site Plan for Vineyard 48 Located at 18910 CR 48, ±340'w/o CR 48 and Depot Lane, Cutchogue SCTM#1000-96-4-4.3 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. 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 ooz Donald J. Wilcenski Chairman N 6UW PATRICIA C. MOORE V5 Attorney at Law 51020 Main Road 0 Southold, New York 11971-4616 -eel, 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 2T! 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 staff's 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 -1- 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`" 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. Very truly yo Patricia C. Moore PCM/bp Encls. C: Vineyard 48 Sullivan Gardner, PC -2- MAILING ADDRESS: M PLANNING BOARD MEBERS so P.O. Box 1179 DONALD J.WILCENSKI `i` y�j_ Southold, NY 11971 Chair O OFFICE LOCATION: WILLIAM J.CREMERS y �k- Town Hall Annex PIERCE RAFFERTY G @ 54375 State Route 25 JAMES H.RICH III • �� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR yQurm� Southold,NY Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD via email August 2, 2013 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Amended Site Plan for Vineyard 48 SCTM#1000-96-4-4.3 Dear Ms. Moore: The Planning Board is in receipt of your letter dated July 18, 2013. In that letter you state that the applicant needs more time to provide the remainder of the information the Board requested. Because this information (including the revised site plan) is an integral and necessary part of the Board's review, we have put this review on hold until this information is received. If you have any questions regarding this site plan or its process, please do not hesitate to call this office. Very truly yours, C:7►�y'e`e3�f�1 , Donald J. Wiilcenski, Chairman LP OFFICE IACATION: �OF SO(/Tyo MAILI�G ADDROS: O Town Hall Annex P.O. Box 1179 54375 State Route 25 Southold, NY 11971 (cor. Main Rd. &Youngs Ave.) y Southold, NY 11971 G • O¢ Telephone: 631765-1938 Fax: 631 765-3136 NV, LOCAL WATERFRONT REVITALIZATION PROGRAM TOWN OF SOUTHOLD MEMORANDUM To: Donald Wilcenski, Chair Town of Southold Planning Board From: Mark Terry, Principal Planner -- - LWRP Coordinator Date: July 22, 2013 JUL 2 3 Z01 Re: Site Plan for Vineyard 48 18910 CR 48, Cutchogue SCTM# 96.4-4.3 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 over-flow 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 proposed action has been reviewed to Chapter 268, Waterfront Consistency Review of the Town of Southold Town Code and the Local Waterfront Revitalization Program (LWRP) Policy Standards. Based upon the information provided on the LWRP Consistency Assessment Form submitted to this department, the proposed actions to construct a 40' x 100' pole barn pavilion with two walls and re-design the existing parking areas are recommended as CONSISTENT with the LWRP. The actions were found CONSISTENT considering the proposals to contain noise and vehicles on site at appropriate locations. The proposal for an addition of a seasonal overflow parking area with 100 parking spaces is recommended as INCONSISTENT with the LWRP. The action does not meet or further Policy 1. (below). Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. • T +' he proposal 100 space seasonal overflow parking lot 490_from the winery p p sal to locate a p p g e does not enhance community character or minimize adverse effects of development for the following reasons: 1. The overflow parking area is located within 20' from a residential lot (unimproved) and 70' from a residential lot improved with a single family residence. Noise and dust resulting from traffic entering and leaving the parking area is expected reducing the quality of life to surrounding residences. 2. The proposed site plan excludes the following safety elements in the parking area: a. There is no lighting proposed for the parking area and along pedestrian routes. b. Pedestrians (including children) would be routed through a vineyard with potential hazards (e.g. wires, posts) c. A plan (signage, bollards) has not been proposed that clearly delineates the pedestrian route from the vehicle routes. Parking areas should be clustered with existing development to maximize safety of such areas. It is recommended that the overflow parking area be relocated to the northeast corner of the parcel (against Cutchogue Power Co. LLC.). Appropriate buffers should be constructed between the property line and parking area. Further, the seasonal overflow parking should be designed to accommodate commercial buses, limousines and other large vehicles on-site rather than 1-6 private passenger vehicles. Private passenger vehicle parking should be located in close proximity to the retail operations to separate vineyard operations and the retail operations. Pursuant to Chapter 268, the Board shall consider this recommendation in preparing its written determination regarding the consistency of the proposed action. Cc: Brian Cummings, Planner PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 July 18, 2013 by hand Town of Southold Planning Board g 9013 Southold Town Hall Annex JUL 1 Main Road 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- plan. Question #4 Please show and label the edge of pavement of CR 48 on the site I, 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 I'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 I 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 'ob description for security personnel? What are their 1 P Y directions from the management of the winery? When do they call the police? Do they breakup fights? Do they identify patrons who are 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"cal" 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 0 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 s`, 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- Question # 21 What is the charge for the four tasting coins? Answer# 2 13h 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 tumed 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# 243he 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- 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 problemslissues that have come up from the public and the public hearing? -8- 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- Exhibit A U Z w 6 moi? z��n `u moo. am>o Oy2® R2 J RX Date/Time 07013 11:00 631 7346763 P.002 Vineyard 4816 0-734-6763 p.2 a•n1 .Ju.LV1L U1.41 PIK PAGE. _; 1 Vineyard 48 Winery 18910 Middle Rd Cutelaogue, NY 11935 March 30,2012 To Whom Tt May Concern: Vineyard 48 Winery would like the attending limousine companies to follow a guide line.in order.to keep things moving smoothly and accordance to the,town jeude. 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 limousine's should exii from overflow lot onto Depot Ln. 4. All Drivers must follow tate parking directions from our contzacted parking company "Platinum Executive Security" 5. All drivers are responsible for litter removal of limo guests 6. Vineyard 48 users it's 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. Guest, most be able to readily contact driver for questions and departure. 8. No outside alcohol in any form will be allowed in the vineyard. If any of these toles arc not followed future reservations may be denied. After reading please have and authorized person sign, state their position at company &date below. Thank You Name: for!i ouS+�C taTuice. /� � �1'AzYaro io�t �5 Pas;timt- Michael 11J ciSs /�rc� �oPrl� V ® Date: Q�>1?)to l0 b Simerely, Dale Suter General Manager Vineyard 48 Winery d 6 e S' f RX Date/Time 0712013 11:00 631 734 6763 P.003 Vineyard 4 01-734-6763 p.3 W e Vineyard 48 Winery 18910 Middle Rd m Cutc110gue, NY 11935 p March 30, 2012 9 QTo Whom it May Concern: Vineyard 48 Winery would like the attending limousine companies to follow a guide line in [i order to keep things moving smoothly and accordance to the town code. ® 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 =. All limousines should exit from overflow lot onto Depot Ln. 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 Q 6. Vineyard 48 uses it's discretion on guest admittance. Overly intoxicated guests will not ! be admitted 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. ! 8. No Outside alcohol in any form will be allowed in the vineyard. If any of these rules are not followed future reservations may be denied. After reading please have and authorized person Sign, state their position at company &date below. Thank You ` ! I ' position Date: vCry, ! � f Sincerely. ! ® Dale Suter General Manager ! Vineyard 48 Winery ! ! ! 1 PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 JUL 1 2013 July 11, 2013 Town of Southold Planning Board Southold Town Hall Annex Main Road Southold, NY 11971 RE: Vineyard 48, 18910 Route 48, Cutchogue, NY SCTM # 1000-96-4-4.3 Dear Chairman Wilcenski and Board: As a follow up to the public hearing. A Freedom of Information Law request was filed by The Law Office of Sullivan Gardner PC to the Town of Southold Town Clerk requesting the police department's records of incident reports for Vineyard 48, as well as twenty one other Vineyards. The police report dated September 30, 2012 case #01-12-008255 submitted by Mary-Beth Shipman attached to her letter of July 2, 2013 for public lewdness (Mr. Zuhoski's report of two people having intercourse in his yard)was not provided by the Town. Please note, the report does not reference Vineyard 48 and the police did not include it in their FOIL. Further, you asked my client if Vineyard 48 sells food, it does not. After the hearing, he was contacted by a licensed food truck operator about providing finger foods complimentary to the wine sales on Vineyard 48 property. Consequently, the record should reflect that on occasion finger foods may be sold on the premises by licensed vendors. I am in receipt of your letter dated July 10th, 2013, we will make every effort to respond to this letter by July 19th; we will advise you if we require more time. Thank you. Ve truly yours, L Patricia C. Moore PCM/mr Encls. Cc: Vineyard 48, Sullivan Gardner, PC 0 0 MAILING ADDRESS: PLANNING BOARD MEMBERS q SOUj P.O.Box 1179 DONALD J.Chair CENSKI �0�� y�10 Southold,NY 11971 OFFICE LOCATION: WILLIAM J.CREMERS y Town Hall Annex PIERCE RAFFERTY Q 54375 State Route 25 JAMES H.RICH III %%O (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR li` COU 'M' Southold, NY 11 I, Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 10, 2013 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#1000-96-4-4.3 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. 0 0 Vineyard 48 Page Two 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 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 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"? 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 sold) 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 safely 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 Vineyard 48 Page Three July 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 151, 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? 23.Are tallies kept of the number of coins sold each day? 24.Are tallies kept of the number of coins turned in by customers in exchange for wine tasting? 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 problems/issues that have come up from the public and the public hearing? • • Vineyard 48 Page Four July 10, 2013 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, Donald J. Wilcenski Chairman 1 • dub JUL 3 2013 July 2, 2013 Dear Planning Department& Planning Board Members, Last night (July ls) I stated that Vineyard 48 has been sighted in the past for over occupancy. I stated that one such summons issued was for 619 over occupancy. At the time the occupancy allowed was 125, which is the allowable occupancy of the tasting room. This put them at 494 people over their maximum allowed, almost 4 times that allowed by occupancy. Pat Moore stood up and stated that that never happened, in effect calling me a liar in a public forum. I am still confused as to how their occupancy magically increased to 251 this season. Is their storage building now included in that occupancy count? If so why?? My Husband, William Shipman, brought up the fact that our neighborhood has been dealing with on going problems which include: The noise level, The illegal parking, The cursing over the DJ's megaphone, The drunken people crossing County Road 48 to stroll with open containers thru Oregon View Estates and the surrounding properties, The Vineyard 48 patrons using our bushes as restrooms, The Vineyard 48 patrons stealing from our gardens & The Vineyard 48 patrons fornicating in our backyards. He brought your attention to one instance where the couple engaged in sex acts, were caught on camera& police responded. Pat Moore stated that these people were in fact from our very own neighborhood. That statement was and is an insult to every last one of the neighbors who have been dealing with this ongoing issue for over 2 & % years. Pat called the Town board"Bullies"Meanwhile, she herself was quick to make fun of my husband in a public forum, calling him"the Town Code Enforcer". Enclosed please find copies of both the Summons Issued for Over Occupancy @ 619 on October 13, 2012 &the incident report from September 30, 2012 involving the two people caught fornicating on camera in broad daylight in the middle of Joseph Zuhoski Jr.s backyard. Clearly visible from his kitchen window& dining room doors. (Joe has young grandchildren. Luckily they weren't the ones to look out back first!) I would ask that you take note of the addresses of the people involved. The male is from Massapequa &the female is from Bellmore. Some pertinent information that you may want to be aware of in regard to their Liquor License: They are operating under SAPA, State Administrative Procedure Act. Meaning that their liquor license has expired, but they are allowed to operate through this act until the NYS Liquor Authority case has been ruled on. The Liquor License they did hold&are operating under SAPA with, is only a tasting license. In other words it is not for sale of bottles of wine to be opened and consumed on premises. It does not allow for pitchers, Jack-o-lanterns or Beach buckets of Sangria to be sold. It does not allow them to sell beer,however local it may be. It does not allow for any retail market other than the wine they produce. This means that the Cigar Shop negates their Liquor License. Should you doubt the information I am giving you here, I strongly urge you to contact the NYS Liquor Authority yourself. Michael Ammirato Associate General Counsel 1(212) 961-8330 I would also highly recommend taking a few minutes to go on the internet& look up The You tube video Vineyard 48 had posted. VINEYARD 48 2012 SEASON While I do agree that Vineyard 48 is on their very best behavior right now, they did the same thing last year. During the time period the Town was looking for a restraining order to be upheld in State Supreme Court all was seemingly calm. Once the restraining order was in place they went right back to business as usual. I have absolutely no reason to believe that they will act any differently once the planning board makes it decision. Thank you for your time &consideration on this matter, as it greatly effects the quality of life & use of property for the surrounding home owners. Sincerely, Mary- eth Shipman 75 Horseshoe Dr. PO Box 1315 Cutchogue,NY 11935 COPYNational Standard Incident Report /0113201215:21 Incident Report Caw# "-12.00N45 rReport OrxrarW ONFrom Occurred To Report Type 009515 10/1320121521 1413201215:21 iwl bsawcation Caw Sb4n Caw SfaUn Dab Claimed CODE VIOL.-0THER TICKETISIMNIONS ISSUED 10/132012 an Marra ARD de-18910 ROUTE 18 Cln'CHOGUE,NY 11935(SUFFOLK county) Weak:SATURDAY Sector:2 902 lemnoe:CUTCH1 Total Own aged Property Van:SO 00 n Type:A(RKCA.TUf AL FACILITY TOW Stolen Pnpwty Value:SD.W 802 Total Recovered Propeft Value: W O State ClwpNadon AllempledlConamifted F TOWN CODE VIOL-0r-HER D F StepdxlOrrtinena Location Type Disposition Dab E Ste205.1(x) AGRICULTURAL FACILM- N Fadmal Classitation O.aromW Only):Not Applicable(-) AUD&Reason,NO BIASINOT APPLICABLE(-) Sr E find of Otfa`n6c: 1 [EJ:P7ERSON ype INTERVIEWED MATTHEWNCBRIOE - 631- Person ANddress Use Address fromneift LocWonblenneBon w» EarploysrAddress -5900 Sex SSN OL Exp.DabEDab1988 Age: 43 Body Marls: Adull/Juveraiv:ADULT End Of Person: 1 P YW up usirwss E COAIPINNANT CO WILLti1AI SHIPM1tN 63t- R Person Addrem 5 �f (531 7346205 75 HORSESHOE OR .NY I INS-SU"OLK Counry O 2 Otinr Phone Empbyer"Wess RaceN WH E SSN OL Exp.Dab DL Nunber o t[WI" BNUn Clgr ONZOng Age:40 Baily Maks: Juvenile:ADULT End of Pcrson: 2 JUL 3 2013 Repw*v orear DOPWb nrd Report Stals: PO TWOTHY J MCGOWAN (5250) SOUTHOLD TOWN POLICE Appvmd Supommm onkgr Dap/TMw ver8ying Olpar D"Mbnwk Wb r Tyne SGT THEODORE O SEEM JR (5140) SOUTHOLD TOWN POLICE 10!112012 1229 1 of 2 • National Standard Incident Report 10113201215:21 Incident Report c"e a 01-12-008615 FN Topic A R The complainant reports that the above UL 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. VFV E End of Narrative: 1 Reporting ofllcer Depamnsrn Report Status: PO TIMOTHY J MCGOWAN (5250) SOUTHOLO TOWN POLICE ApPMW Superviaim ofllgr Datern m ved"V omew OeprYmwR DEW I Tiny SGT THEODORE O BEEBE,JR (5140) SOUTHOLD TOM POLICE 10111!!01212:29 2 of 2 • Tows of Southold • A - 2911 sutw comer,NY I"Poops A M ask d Nw Yak w Mcereasrsrasna mwM[ M.r or wnee o+zsrrso rraaselKK azsKzas aarzrsnr Ora Opo zlr nelwzaasaesle�alMaiv .asosta® RwzrMo � as mars BMIE MR 1ME OKY. 0M1 OKY. Gt Cl— OAss ❑m O YBfYp YMr ❑ OOaa O a1LCk O f1lV twssuc O wart ❑ ❑ RMI ❑ zowa uulo O saov ❑ 2a ❑ to O str ❑ rn ❑ s.m zrer O :cool O 1lsatr� O Ywll ❑ _ MM MUMsei Me sera sa�iro,zrorr i rrro®r wuaza t��'-Q,u, Q14Y r.a�c4��� aTr Ay MYE 1Y MIH,aNWIaT 81IgR WIN1Yw i V�1 3 i1 O O U_ e17 N;ojL asealaM Nrs. aMCOMs.cuwonwncuwsn+tawRvxewwwc �MeIrI'6fs,1 5'T r apses\ �� oa tar re w e ooelarleea IrMWANw YMfalr YraBEN1011O ,werrsrurp,raz«A now♦olcy,M®4ae�Srvwrmpinrea>ma�>�wosutr �t p w by 'YGf[ s uw Y(,c�✓L_ �1 - ^"� r4nsosrrer,sl ap a vM SCHEDULWFl . fORSClmIM❑ ,. zzr sasor aeztslsm srasr r sMrla,m m w,srwa m �`—aha/nix/�o�{u/-($zoaow nrnaoawr.arsrarrtasamwwrr�nn a 1 _ ]wi rw rMaasKieNmi iwE wNNwcwwawssl�rrawwrwnro�naaKrsncwuaYa v Co Py Southold Town Police R g- M3WM2 18:39 --� ImMent Report Cap On dm 01-12ao6266 1 Laue rNMnkar Rpat _ Oaued DaWnm Oanawd To Rao n M TRW N 61-12-008260 O�DOI2M2 ISM 00136201216:99OFbkw C - ", 'Two Caa SbMs I Cas SMda Ora CUasd 1 OFFAOIIMISTSEl6BRJTES44MIEWON CLOSE6NOARRESr WM 10082612 DL nnal Mau E 46 CUTCHOG E,MY 118J5(91EFOLK CowdoWsdc:SUNDAY Sadw.2002Tsi i ,CUTCH1 TowDmemWdPiWwlYVOW:MAD onTWO:RESIDENCE41INGLE FAM,Y Taw Swm F Wooly Vdm:WOD O Sbb CbedI100MIl py yw F OFFAGAINSTSEmsemE84RALLEWON yOMkZTED F SmIldwO.dsao a Lace"n T7pa Obpomm Drs E pLM M BIW N S E P r:PM:)"r3443M0 BrMlwalpwrtMn Nrlr BWWra Phala EEPORTING JOSEPH 2JRg8p 831- R 11"mAdAVW 8Mp lYdwaa� g986 LMsAdfam sBou MnidMa Lacmim idamWion O 1 IS II Akddas _ 81MpR.NN Bac 88M OL ER Dmftek8lCq� BodyMrka: P Paaon rips BMMnsaR+aaa1 tYaa IIUW a PMSM E PERSON NiERVEWED JUSTW 637- R PAons Pa maAddna SlapRrrsnos 8 61 6640122 229 N PARK OR W86APEOIA NY 11166.OTHER-EW YORK STATE CMV O Z Crl Pkau EnplMTsrAdd w Opp A . P N _ POW W�ie 8SN OL Eap.Dap OL.MuNur BOdh Drs 0Mh C8y tIW10/1962 AM:30 Bod1 l4a�ka: JUL 3 2013 Reparamomm oaparbu�t Rspa1 aMraa ` PO LA{RtA L CON AN (1994) SOUTHOLD TOWN POLICE ApPMW ORRoar Mane DayTya w VSMAV OBkw Dap/kaat oralTMa c SOT HENRY F SANTACROCE JR (S902) SOUTHOLD TOWN POLICE 1000 1206:18 c a w v 1 of 2 a Incident Report Case NLKnbw 01-12-008255 P Person Type aushossw Prow NO Business Phone E PERSON INTERVIEWED LAUREN POTTER 631- E Nana Phone Moon Address Map ReMenee 3 (516)22$4988 2849 ROYLE ST BELLMORE,NY 11710.OTHER-NEW YORK STATE County O 3 Call Phare Employer Address Map Rererrrce N Rete Sex SSN OL EW Daft DL Numbs WHITE Femsie Birth Date B&M city ttmn984 Age:27 Body Marks: AduWAwenie:ADULT N TO& olio A. R Zuhoski reports two people having intercourse in his yard at the above ill. Zuhoski wanted them to R leave. Undersigned responded and interviewved Sineno and Potter. Sineno and Potter were asked to A leave and they complied. T V E Repar6n8 Ofter Depr4nant Report Status: PO LAURA L CONLAN (1384) SOUTHOLD TONE POLICE Approved . office.Name. DamRbm N vedryhw Oftw Deprberd Dam I Tyne o SGT HENRY F SANTACROCE JR (6882) SOUTHOLD TOWN POLICE 10I06r2012 06:18 0 m N 01 2 of 2 a r >.a 1 i; i• 5�J Na j •F � �I F 0 I , �'/ �• • " ''� *�1+1L q( X19" - �. !g n� �t u-n �r _ s k� �,. Yla�u s�� �� �Er� - I' � �,. ��o��� JI,�< i1--. �M IJ �(M 5��,,,�}�� r7�'��.� Tr SY S� APPLICATION FOR A TENT PERMIT FEE: $35.00 `/ �2 JUL 2 2013 DATE: 7 o l , 7 APPLICATION# SCTM#1000-�i y- G% - L/ 3 PERMIT# 1• r SUPPLIER OF TENT: _ CGon i 6 T�hf �f� 3�Q PROPOSED TENT USE: Cpl/�r ll l� DATE ERECTED: �/��/3 USED: S//7113 REMOVED: f//,;/ rrAA V! SIZE OF TENT(S): COLOR: FLAME RETARDANT CERTIFICATE: ( ) INCLUDED ON TENT PROPOSED TENT SITE: �2 OX 3O OWNER OF SITE:�jllk /ti e/Z TELEPHONE NUMBER AT SITE: / /'j 1-/- 3 z BO MAILING ADDRESS OF CLIENT: �� /JO/C ql ( ) APPROVED ( DISAPPROVED BUILD NSPECTO ATE �p PERMIT EXPIRES 30 DAYS FROM DATE OF IS E c E u J MAY 10 2013 D TentApp-07-01.doc BLDG. DEPT, TOWN OF SOOTH0LD 1306 JOSEPH PAUL WINERY,INC. DBA VINEYARD 48 18910 MIDDLE RD.•P.O.BOX 914 FAQ CUTCHOGUE,NY 11935 / PH.(631)734-5200 /Q 50-546-214 DATE PAY TO THE ' / Q 2 p///JJJ����JJJ ORDER OF ,T.-�L O� ��u�y'O/� I `� L DOLLARS 11/ SUFFOLK COUNTY ♦n.xu ux• �� wmurm mo iii•r.ununuE.Fvvwu�iwv urns m FOR —___"F' u100L30611• 1:021405464l: 161 002647 6111 SSuvrat.� TOWN OF SOUTHOLD BUILDING DEPARTMENT oyQaa TOWN HALL ANNEX P.O.BOX 1179 SOUTHOLD,NY 11971 Peconic Tent 99 Williams Way Calverton, NY 11933 • JUSTICE COURT TOWN OF SOUTHOLD SUFFOLK COUNTY, NEW YORK 1 ` LL PEOPLE OF THE STATE OF NEW YORK -against- NOTICE OF MOTION Tickets 1145, 1146 PAUL GLAZER, Defendant. PLEASE TAKE NOTICE that upon the annexed affirmation of William D. Moore dated and upon the accusatory instruments Appearance Tickets # 1 145 and 1146 , and all the other papers and proceedings heretofore had herein, the undersigned will move this Court on July 15, 2012 at 1:00 PM or as soon thereatter as counsel can be heard for an Order granting the defendant the following relief: 1. Dismissal of the accusatory instruments on the basis that there is a legal /jurisdictional impediment to conviction CPL §170.30(1)(1); and they are legally insufficient as a matter of law CPL §170.30(1)(a) and 2. Leave to make such further motions as may be appropriate and necessary. Dated: Southold, New York June 19, 2013 Yours, e c. . �{ William D. Moore, sq. Attorney for Defendant 51020 Main Road Southold, New York 11971 (631) 765-4663 To: Southold Town Attorney PO Box 1179 Southold, New York 11971 JUSTICE COURT TOWN OF SOUTHOLD SUFFOLK COUNTY,NEW YORK PEOPLE OF THE STATE OF NEW YORK -against- AFFIRMATION PAUL GLAZER Defendant. WILLIAM D. MOORE, an attorney duly admitted to practice before the Courts of the State of New York affirms under penalty of perjury: 1. I am the attorney for the defendant in the above entitled action, and as such am fully familiar with the facts and circumstances herein. 2. This affidavit is being made in support of an Order, pursuant to N.Y. Crim. Proc. Law § 170.30(1)(f) that there exists a legal/jurisdictional impediment to conviction of the Defendant(s) for the offense(s) charged and , dismissing the Violation Informations on the grounds that they are defective. Copies of the accusatory instruments 1145 and 1146 are attached as Exhibits A and B. 3. The defendant is accused of erecting"tents"on property located at 18910 County Road 48, Cutchogue without obtaining a"tent permit' and that no permit can be issued without site plan approval. 4. This motion is based upon the fact that the "tents" in question do not require "tent permits"or building permits and therefore, no site plan is necessary for structures which do not require permits. 0 POINT I LEGAL/JURISIDICTIONAL IMPEDIMENT STRUCTURES COMPLAINED OF DO NOT REQUIRE BUILDING PERMITS; NEW YORK STATE BUILDING AND FIRE CODE PROVIDE PERMIT EXEMPTIONS FOR "TENTS OR CANOPIES" 5. The Town Code violations alleged in Tickets 1145 and 1146 presume that "tents" require a permit [described as a"tent permit']. 6. There is no such thing as a"tent permit' in the Southold Town Code. Instead, such structures are governed by the New York State Building Code and Fire Code ("Fire Code") which is applicable to the Town of Southold. 7. The Fire Code distinguishes tents and canopies with slightly different definitions. Section 2402.1 of the Fire Code defines a "Canopy" as "A structure, enclosure or shelter constructed of fabric or pliable materials supported by any manner, except by air or the contents it protects, and is open without sidewalls or drops on 75 percent or more of the perimeter." The structures on the subject premises are "canopies" under the Fire Code as they are open on all four sides with no sidewalls or drops'. 8. Section 2403.2 of the Fire Code sets forth the criteria for when a building permit is required for a canopy. It also sets forth exceptions from the permit requirement. Specifically, individual canopies open on all sides up to 700 square feet in area are exempt from the permit requirement. Fire Code §2403.2 (2) The individual canopies at the subject premises fall within the exemption provisions of the State Fire Code and do ' The Fire Code defines tents similarly to canopies, but does not restrict the use of sidewalls or drops as it does for canopies. Thus, tents may be enclosed on four sides with walls. ` not require a building permit'. Thus the alleged violation of Southold Town Code section 205-1(D) must be dismissed since no permit is necessary. 9. The charge alleging violation of Southold Town Code section 280-130(A) must also be dismissed. The factual allegations in Ticket 1145 state that tents were erected without a tent permit, and that a permit could not be issued without obtaining site plan approval. 10. The subject premises already has site plan approval granted by the Southold Town Planning Board. A copy of the Planning Board resolution granting approval is attached as Exhibit C. There is no provision in the Southold Town Code requiring a property owner to obtain site plan approval for temporary structures such as tents or canopies which, themselves, do not need permits to be erected or used. POINT II THE ACCUSATORY INSTRUMENTS ARE DEFECTIVE; THE FACTUAL ALLEGATIONS FAIL TO ESTABLISH EACH AND EVERY ELEMENT OF THE ALLEGED OFFENSES 11. The provisions of the Criminal Procedure Law section 100.15 state: " in order for an information or a count thereof to be sufficient on its face, every element of the offense charged and the defendant's commission thereof must be supported by non- hearsay allegations of such information and/or any supporting depositions. (Emphasis added) 1. Insufficiency of Appearance Ticket 1146 12. The accusatory instrument in Appearance Ticket 1146 accuses the defendant of z The Fire Code does limit the time temporary tents and canopies can be erected to 180 days. Fire Code §2403.5 violating Southold Town Code Section 205-1(D) which states: "Applications for tents under this chapter must be submitted to the Building Department. 13. The factual allegation states that multiple tents were erected on the subject property without first obtaining a"tent permit". However, the chapter cited is chapter 205 of the Southold Town Code which addresses special events. The accusatory instrument sets forth no facts to establish that the provisions of chapter 205 apply. No facts are alleged that a special event was held at the property or that a "tent permit" was necessary under any provision of the Southold Town Code. [see Point I supra] 2. Insufficiency of 1145 14. The accusatory instrument designated 1145 alleges a violation of Southold Town Code section 280-130(B) which states in part: No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this chapter until, if required, an approved site plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public entities. 15. The accusatory instrument alleges that tents were erected on the defendant's property without having obtained a"tent permit" and that no "tent permit" could be issued without first obtaining site plan approval. 16. The accusatory instrument is defective as it fails to provide any facts that the "tents" as they are described in the accusatory instrument required a"building permit" which is the necessary element of the alleged offense. [see Point I supra] Without providing any factual allegations that the subject"tents" required a building permit, there is no basis upon which to require site plan approval for them. WHEREFORE, for the reasons set forth, this motion seeking dismissal of the accusatory instruments should be granted together with such other and further relief the Court deems just and proper. Dated: Southold, New York June 19, 2013 William D. Moore, tsq. JUSTICE COURT TOWN OF SOUfHOLD SUFFOLK COUNTY, NEW YORK PEOPLE OF THE STATE OF NEW YORK -against- AFFIDAVIT OF SERVICE PAUL GLAZER Defendant. MARGARET RUTKOWSKI, being duly sworn deposes and states: I am not a party to the action, am over 18 years of age and reside at Mattituck, New York; that on June 20, 2013 I served a copy of the within MOTION TO DISMISS; by depositing a true copy thereof enclosed in a postpaid wrapper in the post office regularly maintained by the United States Government at Southold, New York properly addressed to the Southold Town Attorney, PO Box 1179, Southold, New York that being the address designated by for service of papers. Margaret Rutkowski Sworn to before me June 19, 2013 Notary Public nxWWI Ilme U61IUfZUl3 ll:btf 6311346763 P.002 Vineyard 48 • 734-6763 p.2 TOWN OF SOUTHOLD APPEARANCE TICKET- -1 Southold,New York, 11971 Issued to:�e� � �/) omm cission of the offense of: t.aaW N/Ia p First Name M.I. fir, �,/ /it✓i�l T b V I ak qt4 �(.�) Y�7�60U-� �rS-�' d jJ�lA1y1� Nunrand Street Cy �zktc7G t>� /1/� tr93s" -5-i Ooo larl CZA6e ro ✓a f contrary to the provisions of City or Town State Sectiona$O YOU ARE HEREBY directed to appear at the Justice Court, Town of Southold (Town Hall) 53095 Main Road of the code of the Town of Southold (State Route 25), Southold, New York 11971. Dated: J IMM. $ s a0 13 On the_�_day of td 20 13 Issued an bscnbe by: at___o'clock in theM. Name in connection with your alleged Tltle _ IF YOU FAIL TO APPEAR ON THE DATE AND TIME INDICATED, A CRIMINAL SUMMONS OR WARRANT FOR YOUR ARREST MAY BE ISSUED. Local Criminal, ourt TOWN OF Southold Docket No. (s) VIOLATION INFORMATION STATE OF NEW YORK) Paul Glazer(Rose's Vineyard LLCNineyard 48) COUNTY OF SUFFOLK ss PO Box 914 )Defendant(s) TOWN OF SOUTHOLD ) Cutchogue, NY 11935 The undersigned Town Employee of the Town of Southold, being duly sworn, says that On or about June 13, 20132, at 18910 County Road 48, Cutchogue, in the Town of Southold, County of Suffolk, State of New York, the defendant Paul Glazer wrongfully, intentionally, knowingly, recklessly, with criminal negligence, committed the offense of violating Southold Town Code Section 280-130 (A). § 280-130 (A). No building permit shall be issued for any structure or building for which use a site plan is required pursuant to this chapter until, if required, an approved site plan or approved amendment of any such plan has been secured by the applicant from the Planning Board and presented to the Building Inspector, along with all necessary approvals and permits as may be required by other public agencies. To wit; the defendant, as an employee of owner of Rose's Vineyard LLC (aka Vineyard 48), did erect multiple tents on the above referenced property without the benefit of a tent permit. Furthermore, no tent permit could be issued without first obtaining a site plan approval, which the property does not have. SWORN TO BEFORE ME THIS q�A DAY OF Signature of Official Administering Oath omp ainant Notary Public Title Town of Southold CONNIE D.BUNCH Notary Public,State of New York No.01 BU6185050 Qualified in Suffolk County 1 Commission Expires April 14,2_'_' nA VdLUI11111C vot Iw4V IJ 11.30 of l /av o/UJ P.001 Vineyard 48 • 734-6763 p.1 WN OF SOUTTIOLD Southold,New York, 11971 APPEARANCE TICKET- ' Issued to: �Cl l�Tc-o�mmission of the O ff ense of: Last NameFirst Name _'-"��-•c �/1L/ M.I. Nufnpa and Sheet CRY or town sta a contr ary to the provisions of YOU ARE HEREBY directed to appear at the Justice Section_ QQ6'-J `o ) Court, Town of Southold (Town Hall) 53095 Main Road of the code of the Town of Southold (State Route 25), Southold, New York 11971. .� Dated: , . '� On d1e -- —__day of u✓e 20 3 Issued and u scriled b at. o'clock in the_ P. M. ,l— in connection with your alleged IF YOU FAIL TO APPEARON THE DATE Tide SS D TIME INDICATED, A CRIMINAL SUMMONS OR WARRANT FOR YOUR ARREST MAY BE I vweryApu -fig q&- q- �.3 • JL. Loc'.al Ci final lourt TOWN OF Southo Docket No. (s) VIOLATION INFORMATION STATE OF NEW YORK) Paul Glazer (Rose's Vineyard LLC/Vineyard 48) COUNTY OF SUFFOLK ss PO Box 914 )Defendant(s) TOWN OF SOUTHOLD ) Cutchogue, NY 11935 The undersigned Town Employee of the Town of Southold, being duly sworn, says that On or about June 13, 20132, at 18910 County Road 48, Cutchogue, in the Town of Southold, County of Suffolk, State of New York, the defendant Paul Glazer wrongfully, intentionally, knowingly, recklessly, with criminal negligence, committed the offense of violating Southold Town Code Section 205-1 (D). § 205-1 (D) Applications for tents under this chapter must be submitted to the Building Department. To wit; the defendant, as an employee of owner of Rose's Vineyard LLC (aka Vineyard 48), did erect multiple tents on the above referenced property without the benefit of a tent permit and did not submit a tent permit application to the building department- epartml eIn`t ras required. SWORN TO BEFORE ME THIS ) 7^ DAY OF Signature of Official Administering Oath aompla C,-t� Notate Public Title Town of Southold CONNIE D.BUNCH Notary Public,State of New York No.01BU6185050 auailfled in Suffolk County commission Expires April 14.2-1 SPLANNING BOARD MEMBE MAILING ADDRESS: JERILYN B.WOODHOUSE �O-`�OF SOP.O. Box 1179 Chair (/ryO� Southold, NY 11971 V'� OFFICE LOCATION: KENNETH L. EDWARDSI - ( Town Hall Annex - MARTIN H.SIDOR54375 State Route 25 GEORGE D.SOLOMON G Q JOSEPH L.TOWNSEND '�0 ~ �� (cor. Main Rd.&Youngs Ave.) l�COO Southold, NY Telephone: 631765-1938 PLANNING BOARD OFFICE Fax: 631765-3136 June 27,2006 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 SCIMR 1000-96-4-4.3 Dear Mr.Eller. Asper 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 June 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 building. Tbis 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 complywith New York State Code and ADA requirements. This letter does not condone any changes from the approved site plan and ap vals from other agencies if required. pr 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 spectfully}ours, ( , J 'yTt B. Woodhouse Chairperson cc: File Building Department Town Engineer • � � ��gUFFO(xc PLANNING BOARD MEMBERS a0 QGy� Richard G.Ward, Chairman to 2 Town Hail,53095 Main Road George Ritchie Latham,Jr. o- nr P.O.Box 1179 Bennett Orlowski,Jr- y �� Southold,Now York 11971 Mark S. McDonald 't/Ql �a0 Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1936 PLANNING BOARD OFFICE TOWN OF SOUTHOLD July 11, 1995 Joseph Fischeth, P.E. Hobart Rd. Southold, NY 11971 Re: Proposed site plan for Bidwell Vineyards SCTM# 1000-964-4.3 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# 1000-964-4.3; 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. I 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, /9J, ` icha d G. and Chairman JUSTICE COURT TOWN OF SOUTHOLD SUFFOLK COUNTY,NEW YORK PEOPLE OF THE STATE OF NEW YORK -against- AFFIDAVIT OF SERVICE PAUL GLAZER Defendant. MARGARET RUTKOWSKI, being duly sworn deposes and states: I am not a party to the action, am over 18 years of age and reside at Mattituck, New York; that on June 20, 2013 I served a copy of the within MOTION TO DISMISS; by depositing a true copy thereof enclosed in a postpaid wrapper in the post office regularly maintained by the United States Government at Southold, New York properly addressed to the Southold Town Attorney, PO Box 1179, Southold, New York that being the address designated by for service of papers. cx� txcr' Mar aret I utkowski Sworn to before me June 19, 2013 Notary Public PATRICIA C.MOORE Notary Public,State of New York Suffolk County-No.4861668 Commission Expires June 16,_aW/y A M i Y MIDDLE r— ._ - T B w - ROAD (CR. 4B/ — FAsr yQ D LAIC$ TrPlcaLoR w. .. _ ..�.. ,� 1 Y ENTRA NMC SCALE EX/T(M/DOLE RD.) '!.//r � •'�-^v .��+5 .�Y. ...s .woos j gr �y;aPROPOSED ), w� NYnx �o `«t.-� \\ ��"�n.+"•/�ioa.'.��� �. %!� f � . ' �—..`) m.. ") Ate~ conraw u�r ue xesue�o�exun-. I '� I � i fit^ � ncv roxrwnur AAF AEFFIrIrL°ra xavx. ' 1 E, r x.1+c. Bas Acm _ ..�. R°"° c u xcv PU urxA Nw I E I scre ,ar .�rnctiw sx1mse �� � I '"� ; F� curuofR."..w p .LNr.VYIF!IR A __ i S/TF� ►' p4 �. BDWaL %EYAR05 •' Z AT (� s j roar.Azar rAAr�ss+ r TOWN ' O°bIr- xcr- sysoLX xr. •N.•I.Y.Y FA Foh y4 my it —[CIO NMO—_ RAF ARIEY ��—_— f9.�f— wF•w Jun 281302:11p NRB Inc. -734-6235 p.1 tto g■/ 1 7 A S� `T ( I �II I_ r�,H'l l.�l iTd.� rl�l\ll.�ll�'�/l.\r�,t�rll��� ('0AIMISSIO Town Hall P.0.Box 1179 53095 Main Road Southold.NY 11971-0959 Phone(631)765-1938 Fax(631)765-1823 TO: Heather Lanza Town Planning Director FROM: Neboysha R Brashich - Chairman DATE: June 26, 2013 RE: Amended Site Plan for Vineyard 48 JUN 2 82013 Located at 18910 CR 48, Cutchogue SCTM*: 1000-96-4-4.3 Further to your June 11th memorandum request, the Commission reviewed subject site plan at our monthly meeting on June 17, 2013. .Essentially, we felt that the plan did not address major public safety issues surrounding this site. Hence, the Commission would like to propose three recommendations for consideration by the Planning Board: 1. "No Standing" signs should be erected from Zuhski's Lane to Depot Lane on both sides of CR 48. 2. "Ingress and Egress" signs should be clearly marked and erected at this site. 3. "Right Way Only" sign should be erected in the median across from the egress area. In addition, the Commission strongly recommends that parking of buses and limos must follow Town Code requirements Pry ;-?Jc Kalin, Carol From: jsb512@verizon.net Sent: Wednesday,June 26, 2013 10:04 PM To: Kalin, Carol Subject: [SPAM] - Vineyard 48 - Ref# 1000-96-4-4.3 Members of the Planning Board of the Town of Southold, We own the property located at 5755 Depot Lane, (Ref.#1000-96-4-5), which borders Vineyard 48 on the northeast side.We are writing to you to ask that you vote against Vineyard 48's application for a pole barn and expanded parking. The reasons that we are asking this range from the current noise level, incidents of Vineyard 48 clientele wandering about our property in an inebriated state and relieving themselves on our property. Vineyard 48 customers have attempted to park their cars on our yard. Empty Vineyard 48 wine bottles are found littering our property after the Saturday Dance Party on most weekends. On June 15,2013,we witnessed a fight which broke out around 6pm in which people could be seen brawling on the ground. Another area of concern to us is that buses and limousines leaving Vineyard 48 try to make a 3-4 point turn at the intersection of Depot Lane and Route 48 which is an intersection that experiences many car accidents. We respectfully ask that you consider the above and many other people's complaints mentioned at the June 3rd meeting as you prepare to make your decision. Again we urge you to vote no on the Vineyard 48 application. Sincerely, Mr. &Mrs. Joseph Burke 220 John Street Oradell, NJ 07649 JUN 2 72013 1 P.O. Box 123 Cutchogue,NY 11935 June 5, 2013 Ms. Heather Lanza, Planning Director 1 Southold Town Annex Building P.O. Box 1179 Southold,NY 11971 -.--= Dear Ms. Lanza: I attended the Public Hearing regarding Vineyard 48 as I have family members living in the area and I agree with everything that I heard from all the aggravated neighborhood residents Perhaps you've seen the enclosed copies of the comments regarding Vineyard 48 and they certainly tell it like it is. These people who commented are from locations other than local and the majority stress the fact that getting drunk and being involved in sex are the main activities. Many of the comments state that there is a cover charge (which Pat Moore knew nothing about) and,as I understood it at the meeting,the owner also denied it. There is no way that adding a pavilion and more parking are going to minimize all the aggravation the neighborhood is going through - it will, in fact, double the problem plus all those limos going up Alvah's Lane willl increase and create more hazards on that road also. It's bad enough watching out for Satur's vehicles. Is Vineyard 48 going to do whatever they please regardless of what the neighbors feel just like Satur Farms on Alvah's Lane? What is happening to Southold Town? New people come in and step all over us humble, honest, friendly natives who have been here our entire lives! The print is very small on the enclosed so if you find it difficult to read you can go on the site listed at the bottom of each page, but please do not ignore it because it gives a great deal of insight as to what's destroying a nice country neighborhood. Yours truly, GKd Joan Lademann Enc. PATRICIA C. MOORE Attorney at Law 51020 Main Road 0�D �� hewLt Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 June 3, 2 4. Planning Board Public Hearing JUN - 4 2013 RE: Vineyard 48 18910 Middle Road (Route 48), Cute ue,NY-' " SCTM # 1000-96-4-4.3 USE Vineyard 48 located on CR 48, Cutchogue, is a farm winery. The"Farm Winery"produces wine primarily from their own vines. The development rights have not been sold. The property contains a total of 34 acres: 14.95 acres on County Road 48 and 18.5 acres on Depot Lane. All the land,except for the three acres with the winery structures and the parking,is devoted to the vineyard. The property contains the original winery building retail area and tasting room, office for wine maker,processing building and wine tasting pavilion. The winery uses 3 seasonal tents for outdoor seating & serving: a 20' x 20', 20' x 40' and 20'x 100' (or 40' x 100'). HISTORY The property has been in wine production since Robert Bidwell purchased the property in 1982. The William R Simmons Jr. survey dated 5/16/86 shows parking, existing buildings (including concrete block building) used as a Winery for Bidwell Vineyard. In 1990,the Zoning Board of Appeals granted a Special Exception for the original structures (ZBA appeal#3882 2/15/90)which included the retail sales area. The 400 sq.ft.retail sales area in the original building remains a retail area for the winery. In 1994, the Zoning Board of Appeals granted a Special Exception for a new tasting room pavilion(ZBA appeal #4203 5/4/94). In addition, on July 12, 1995, the Planning Board approved a 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. 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 May 18, 2006 with some minor revisions to the landscaping and parking. In June 27, 2006, the Planning Board found the improvements to be in compliance with the approved site plan. SEASONAL USE From April until October,depending on the weather,agro-tourism is an important economic stimulus to the local economy. County Route 48 is a New York State Wine Trail. Vineyard 48,as well as all other wineries and large farm stands, provide outdoor seating under tent canopies. The canopies and tents conform to the State Building Code. Attached is a memo regarding the NY State Building Code. The Town began issuing criminal violations and simultaneously pursued Supreme Court enforcement actions against Vineyard 48 claiming that the winery was exceeding the 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 that 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 the seasonal use of canopies and tents. Vineyard 48,in an effort to resolve the Court proceedings,agreed to prepare an amended site plan. However,when the site plan was submitted showing the seasonal canopies and tent,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 "tent area" and a future "pole barn". The"pole barn" will be built before 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 their seasonal tent permits. The building department referred this application to the Planning Board and received a response on April 19`h, 2013 which contradicts the Planning Board's directive to remove tents from the site plan. We have provided a site plan which shows overflow parking for 100 cars. The Planning Board has requested that the building department deny tent permit applications. 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 the NY 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 Agriculture District is a violation of the Agriculture and Markets Law. POLE BARN/SEATING PAVILION In an effort to resolve disputes with the town, Vineyard 48 proposed on the site plan a 40' x 100' "pole barn" to be used for the seasonal seating. Portable picnic tables are placed under the unheated seasonal seating pavilion for the winery which will replace a 40' x 100'tent located in the "tent area". The structure has no water, merely electricity. The pole barn has been designed with walls on the west and north. The walls are proposed to provide greater noise abatement then the open tent. The Town should not be"site planning"the manner of operation of any use. Wineries are an agricultural use which is dependent 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. NEIGHBOR COMPLAINTS NOISE: 1. The winery operates primarily during daylight hours. The minimal noise heard at the property line competes with the traffic noise of the busiest summer months on the dual highway (CR 48). Vineyard 48 intends to invest in a 40'x 100'pole barn to replace the 40'x 100'seasonal tent which is used as seasonal seating for the winery. The barn is designed with north and west walls. The opening of the barn will be toward the fields and courtyard. The closest neighbor on the north is approximately 250 feet from the courtyard and tent area. County Road 48,a dual highway and grass median separates Vineyard 48 from their neighbors to the north. The majority of the activity at the winery is 175 feet from the north property line. The tent already 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 complaints. We have advised that the pavilion is proposed for 2014. Until then, the canopy and tent are needed. 2. 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 the Vineyard 48 property lines. To date, there have been no measurements which would violate the decibel limits set forth in the Town Code. TRAFFIC: 1. Queuing is shown on the site plan. Buses and limousines are in contact with Vineyard 48 prior to their arrival. After delivering their passengers,the drivers maintain contact with the staff to coordinate pick up. Overflow bus or limousine parking which cannot be accommodated on site is directed to park at an industrial park off 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. 2. Once vehicles are on County Route 48, they are required to follow New York State Vehicle and Traffic Law. U-turns at County Route 48 turn lanes are permitted. 3. 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 directions into the parking stalls. The interior driveways, to the extent possible, is using established farm roads. The farm roads maintain the agricultural character and do not interfere with the vineyard operations. 4. Suburban Security, Inc. has provided professional security and traffic control services in the past. 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 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 farm land, 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 can not address behavior unless witnessed by staff. It is difficult to "site plan' for the alleged isolated actions of adults. Any tourist attraction, even a Winery, has to address the 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 popular weekends two months of the year. In the summer and fall, the winery is closed by sunset on Saturday and 6:00 pm on Sunday. The staff and independent contractors are on the premises and paid whether it rains or the sun shines. 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 hire local DJ's who are familiar with the Town Ordinances. Local DJ's provide music on the weekends and represented 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 tent (so there was no room to dance under the tent). No other agricultural vineyard is harassed as often and as continuously as Vineyard 48,despite the manner of operations of all of the vineyards is 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. My client is willing to add a north and west side to the larger tent this year. Vineyard 48 has exceeded the expectations made of most wineries. The manner in which the Town has enforced their laws and interfered with the Winery exceeds the bounds of reasonableness. This amended site plan addresses the complaints. Very truly yours, Patricia C. Moore PCM/bp Encls. cc: Vineyard 48 USE OF TENTS /CANOPIES The New York State Uniform Fire Prevention and Building Code (the Uniform Code) Building Code is applicable to all construction in the Town of Southold. And no city, town or village can enact a local law or ordinance imposing higher or more restrictive standards for construction within the jurisdiction of such city, town or village. [Uniform Code section 102.2(2) and NY Executive Law § 379(3)] The Uniform Code includes provisions for the erection of temporary structures including tents and canopies which are set forth in the 2010 NYS Fire Code (Fire Code). Tents and canopies are defined differently in the Fire Code. A CANOPY is "A structure, enclosure or shelter constructed of fabric or pliable materials supported by any manner, except by air or the contents it protects, and is open without sidewalls or drops on 75 percent or more of the perimeter." (Fire Code §2402.1) The Fire Code expressly authorizes the erection of individual fabric canopies up to 700 square feet in area without a permit. Multiple canopies are allowed provided they are placed at least 12 feet apart. (Fire Code § 2403.2) And these canopies may be placed on the property for up to 180 days. (Fire Code §2403.5) Recently the Southold Town Board adopted a resolution adopting "guidelines for tents" which includes provision which are more restrictive than the Uniform Code and the Fire Code. These guidelines are invalid as they were not properly adopted. The guidelines were not the subject of a public hearing before they were adopted. This violates the provisions of the NY Town Law section 130, and they are more restrictive than the provisions of the State Code in violation of NY Executive Law section 379(3). Vineyard 48 - Cutchogue, NY Page 1 of 7 yelp.• Vineyard 48 Category:vJnenes.. R 9 18910 Rohe 48 Cutchogue,NY 11935 ++�� (631)734-5200 /r http,www.vineyard48 cam Hours: Price Range:5i Wheelchair Accessible:Yes MonSun10.30 am-6 pm Parking:Private Lot Accepts Credit Cards:Yes Good for Kids:No 26 reviews for Vineyard 48 26 reviews In English Brooklyn NY L)L)ULI 11/152012 1 Cr-C, Dont SIP..slam' Everyone needs a place to rage,even in wine country.So do it here,enjoy it Bridal party,bachelor,whatever.The wme is fine,the music is loud let it be the first or the last stop on the tour.If you're lookig for wine,cheese,music played in a nursing home,don't come here. Longlsiand.NY 8,152012 You know your going to have a bad time when you pull up to a vineyard that has Rhianna blasting,35 party buses parked outside with people stumbling around with cigarettes hanging out of their mouths.Clearly,this was the last stop on the wine tour for most patrons.It wasn't my choice to go here but after a long day I figured,eh,why not be a little adventurous. In the summer Vineyard 48 is basically a ginormous muddy party under a in a field tent that just happens to have vines in the back.Not wanting to deal with the crowds I first tried tasting inside.It was so busy that I ended up pouring my own wine from the table.Mind you,this was after getting the"sampling"tickets.None of them stm ed me as note-able, either the wine was pretty bland or tasted like they were starting to tum.Did I mention a was all served in plastic cups with the staff just pouring everything without explanation.Eh.Once I got outside and tried one or two more,I started to wonder 4 they really grow their own wine and serve h or 0 the vines are just for decoration.Who knows.As you can tell from the other reviews the atmosphere is like the boardy ham with more adults and inebriated bridesmaids to be flocking about.No,thank you. Save your money and your ear drums and try a more civilized winery on the north fork. q—otro�C Manhattan,NY 1. 6272012 Boardy8am North.... It's not a tasting vineyartl. It's a DJ vineyard_..but not exactly Tiesto It is the perfect way to end a 40 Person Bus wine tour and one of the few places that still takes late buses. Get sangna..start dancing and scream half the words to a song you dont really enjoy when you are sober.... But when a few of your friends disappear with drunk co-eds,end up passing out at a house party in Nassau and you end up waiting with their car(sans keys)for the next 36 hours,don't come crying to me you were warned http://www.yelp.com/biz/vineyard-48-cutchogue 6/3/2013 Vineyard 48 - Cutchogue, NY. Page 2 of 8 _ r I magic...Sometimes its tragic a✓ JJe G.. 0d,®d MEL6/6Y012 1C..cz,z �.. 'embraced the party at Vineyard 48.From the dancing brides to be to the plastic cups,Vineyard 48 was the perfect radchup for wine tasting. Yes there is a$10 cover charge,but the cover charge gives you 4 wine Castings-just like if you bought a tasting. Gpgces ofwme are a bit pncey though...but that is probably to keep things in check. The tlencing is trashy.There is nothing like drunk people grinding on a wooden support pole at 2pm on a Sunday.I dig 9wipated in the cupid shuffle and the macema and had a fabulous time. Doc= �gD.,00 not come here If you want to relax. +Qv}riled in:Pour me o, Fr i.i is C: m!/e6t a. AI V4 012 ©I "Vin©rl 48 ha laabsolutely no business being on the North Fork. It's a club that happens to grow vines. The East End has the Boamy Sam and Neptunes for 20-somethings to go party and get sloppily drunk.this really isn't needed amongst the actual wineries,famistands,privately owned restaurants and general country ambiance out there. The wine is absolutely horrible and it's sewed in plastic cups. The labels are just as tacky. The front has absolutely no ambiance to it whatsoever,it's just a drop off for limos and there is a queue to get a stamp on your hand,which you don't see at any other winery. However,I will say that the staff is extremely nice and friendly. In addition,the cigar shop is unique and very quiet, which is good d you want to get away from the chaos. And I didn't see puking,which I expected This place is good for bachelore le parties and those not quite ready for an actual north fork experience who maybe want to ease extremely slowly into it. It was good for the experience. =rv,yY Kew Gardens Hills,NY 5/62012 Wno knew Long Island wine tasted s000co delicious. Had the 48 Md.' Amazing' Light,airy,fruity,and very satisfying) I am in love with Vineyard 48 Mile 9xS Union City.NJ YW®Y 11/132011 Girls gone wild:Rated PG-13 This place may look like a winery but what happens inside is very different from what you'll see from the rest of the vineries in NoFo. Vineyard 48 is mostly about experience. Cover charge?Not sure but the entrance had a doonnan and cashier. For$10,you get admission and 5 Castings. They give you a small bag with 5 jigsaw puzzle pieces which is a pain to use. In the back underneath a giant lent is an actual club. A stage with a DJ spinning 20 top hits,house and 80's. BEWARE.A lot of drunk gins dancing really bad yet entertaining dance moves' You will have zero reservations here doing Rhe robot" "the worm"or even worse the shopping car" By the way from what I noticed,the ratio of gid to guy is about 4 to 1 which was surprising. Everyone seemed to be having a great time,even though remembering it the next day might be a little tough for some. Think massive bachelorette party. http://www.yelp.comfbiz/vineyard-48-cutchogue 6/3/2013 Vineyard 48 - Cutchogue, NY. Page 3 of 8 0 7, title cigar shop next door is sub-par with the exception of the peach wine NoFo. They do have a frozen 1 r - le but apparently it was out of order that day. '^e^r^'r' his place as it understand that times have changed and so has the typical wine drinker. You definitely ,,h"egcnu=r any pretentious wine snobs here as everyone is looking to enjoy themselves,staff and client alike. uag and the party type,you will love this place. Gave a 4 stars on its ability to carve itself out a niche in an ..ratetl market. i�OC70C 00000 Ashlee r qudring,NY intrulfurI 013 dI 012 cocoa Well,I came here for a bachlorette party and rt was awesome. We had a terrible day with our bus driver who was so The guys that worked there(not sure if they were the owners or not),were so RADI They gave the bride to be a Ilea battles after hearing the day from hell we all had, ssAfor the wine? It was awesome. The peach one,was so good. Very Crisp and refreshing,a perfect touch to a hot sufrinmFr3d�ay.The outside seating is really nice too. 66TYvar[?0 go back[ ECat ©©© J Ne New Vord,.NV 10n2012 If the Boardy Bam is undergrad..then Vineyard 48 is grad school. This"vineyard"really is the same thing as the Boardy Bam(sorry for drawing the obvious parallel),but the crowd is a less shanty bemuse you're paying more than 83 for your beverage and you aren't bathing in said beverage either. I have to admit,it was a little bit anti-climatic for me,perhaps bemuse I was expecting a bunch of Suffolk people fist pumping and just being obscene. or maybe it's lust fall and all of the college kiddies weren't here to make this place terrible. Either way,I had a relatively good time at Vineyard 48. It was just like going to an outdoor bar with top 40 music playing and some people dancing,but not a large percentage. It was a good way to end our vineyard crawl,for sure. IN Bergen County,NJ '91 109!1011 After reading the reviews on Yelp,I KNEW I didn't want to come here. When planning the vineyards to visit on our tour,we dehnftely nixed this from the list. HOWEVER,our limo driver was pretty damn convincing that we were missing out and somehow managed to convince the majority of the group that we HAD to go here. After seeing his warm welcome from the owners,it all started to make sense that a certain someone was getting a kickback for bringing us there. I was none too pleased but majomy rules,night? Well...the minute we pulled up and saw the 20-30 stretch limos parked out front,I knew this was going to be a mess. Sure enough,we walked into the Jersey Shore on crack and little by little all my friends started apologizing for not listening to me. I fell bad but I couldn't even pretend to like this place. The wine was horrendous,and it was entertaining trying to see who could make the worst disgusted face after each sip. The peach was the only one that I could put down without cringing each time. The amount of wine for each tasting was less than an ounce,which was also a joke,meanwhile we saw other people getting full glass tastings but then realized they were friends with the bar tenders. Plus,they only had a mertof cob,and table red wine....plus a chandonnay,table white wine,the peach,and one more white. Bleh. As for the crowd? If you call the gids pole dancing with the tent poles,falling off picnic tables because they can't see straight,and giving their guido boyfriends lap dances a great time..then by all means head over here. And the guidos weren't even young_.these are the people that are 10-15 years past their prime,trying to fit into a size small shirt, ...h.n r^erre s0 pounds heavier than their college days and just making complete idiots of themselves. 0 f. u�nnarrir v� http://www,yelp.com/biz/vineyard-48-cutchogue 6/3/2013 Vineyard 48 - Cutchogue, NJ Page 4 of 8 0,7,20 12 Ma blast here! As the staff told methis winery is bachelorette parties galore. Maybe not your cup of tea if you're poking for a nice quiet day in the Napa vineyards. (Loved Ne sangria slushies-yup.it's that kind of place. a.l Q oc aur=n oo 9r9oklyn.NY 8h12012 1 p�prt�e��r�q�meets rave meets housewives gone wild.. yap that describes it so thats probably why there are so many nOM.flrette parties there...has a little something for everyone,but not enough to be fun for everyone. Good for large 0139illilillillspecially if going deaf,music is loud enough for all ages. Karen R Soullrempbn;NY tci da3 i-s /��pp1���ai�ry,*aW�10212012 W�iI4 11 an episode of Jersey Shore-tacky,loud,drunk fools wearing ridiculous burns and smoking cigars 00 D�eCi ut of food by 4 PM.I didnt know anything about drink tickets and I paid$12 for a glass of Sangria.I D01p13t$10 to get in,I would have paid$20 to get out,.I(i.P!H Astoria,NY is 7rz4rz010 ,:, -..� Upon reading the first 5 reviews,I thought that the reviewers were being hard on this place.After spending a short 90 minutes here lin a tasting party of 23),this place deserves all of the reviews.The tasting was$10 each for 6 wines,but the'tastes'were skimpy and in plastic cups.The other wineries give a lot more,in real glasses.There were also trashy,stereotypical long Island bachelor parties with guys with no pants on be he spilled on himself and dancing that we thought they were going to bust into a conga line.All this to margaritavitle-esque music. The wines were decant,but the"ambiance"was definitely not up to par with other places around here. Brooklyn.NY 5/2/1010 Run don't walk from this vineyartl. Our tour guide hyped this as one of the best vineyartls on the island I assume he was getting some kickbacks because this place was horrible. The owner was totally rude and gave his staff a hard time forgiving us a two sip tasting. Instead he expected us to pay 8 dollars for wine served in a small plastic glass. The other vineyards we went to gave us bigger portions in the Listings. Their idea of a lunch,which we paid for by the way..was cold pasta and lukewarm chicken. They also had live music which should have included free booze if they expected to listen to d. It was just a man with an average voice singing in front of a karacke machine. A bunch of us walked down to another vineyard about a quarter of mile down the road.. R1an£ Houston TX ©OQ® 211W07 http://www.yelp.com/biz/vineyard-48-cutchogue 6/3/2013 Vineyard 48 - Cutchogue, NJ, • Page 5 of 8 _ ..,__-ure of quality of a given establishment is the sum of the quality of its components,Vineyard 48 is an S.a 1 .rd solid choice. 7h Long Island is still in Is wine-growing infancy,it has already gained some national and even e i mpect for its Merlot Vineyard 48 is partly responsible for this reputation(probably behind Lenz and it-kJ naking some quality Medot.I'm personally nota huge Merl tan,but I really do enjoy 48s'04 non- V1 on-v 1' even more than the reserve Merlot actually_.If I were to rate 48 just on their wine.I would rate their antl the rest of their flight 3.5,and although m reluctant to rate a vineyard higher than their wine rating, pppp�nnAActs are great.. NltNlr`9E�Fas the best service out of all of the vineyards I ve been to.They know their wines and they are really :,`l--i'- "ve only been to 48 once and to be honest.it was one of the last vineyards I visited, and after a long day of U_.,...ot of wine,I was feeling a bit more friendly than usual,but regardless I standby my endorsement. 1 1 zj ere: Great atmosphere,the tasting room was very open and airy,and the vineyard had a nice courtyard with a...This was one of the few places that provided entertainment,so you could buy a bottle of wine with a few (id enjoy some distractions while you taste the wine.Overall,It was a much livelier feel than the other CEIPM. + I. i-. i tory:Probably the reason why the review went from 3.5 stars to 4.0 stars...They have a cigar shop r--t -`ere you can smoke cigars handrelled that very day"'There is no better treat then to sit back with a ..,gm a.,,g—s of estate wine while listening to some light music and watching the sunset after a great day of --4i.:.. 2«$ a..r3 , erfea way to wrap up a wine tasting experience. ai W6 e+3r fs aDUM coo asn Manhattan.NY 0 12112011 If you like wine,don't go here. This was absolutely the most atrocious wine establishment I have ever visited.This winery belongs in the middle of the Jersey Shore..not on LI.The pourers were dancing around like maniacs,serving the worst wine that I have ever tasted (not to mention extremely over-priced).To add insult to injury they sewed in plastic dixie cups.I would say the worst part,however,were the hundred or so drunk middle aged women dancing around spilling their wine on other people. Judging from the other reviews,this is not an uncommon occurance.This place was the Jersey Shore of wineries.I wouldn't go back if you paid me. U P rt"J Brooklyn,NY 6/52012 Going into Vineyard 48,1 understood that this was THE party place.Live bands and DJs,$10 cover charge,people going crazy dancing on picnic tables.But unfortunately,we amved a Irtle late around 5pm for the last hour of tasting...and jun after a brief rainstorm,so the crowd$had dwindled to a few 50+women enjoying the small indoor dance floor just a In le too much.The vibe I got from Vineyard 48 is that its an less sophisticated'Jersey Shore'-ish type of winery.One plus in their comer..frozen sangria. M C14,n ,i New York.NY ti 5172011 1 Check-i,Here So,this is where Jersey Shore goes during the oft-season. Ugh. If I hatlnt been there with good friends,I would'"left immediately. You've GOT to be joking,Vineyard 48. 3 I � http://www.yelp.com/biz/vineyard-48-cutchogue 6/3/2013 Vineyard 48 - Cutchogue, N Page 6 of 8 391£011 �u Reekds abovedid we stumble upon a IMIe slice of Boat Shoe Heaven when we arrived at Vineyard 4811 Not for the type looking for a relaxing sip of quality wine(the meant,cab,and red blend all tasted like formaldehyde), but rather the type looking to dance with a bunch of crrider pant done ng.Lilly Pulitzer wearing lovlies. ©[�� G7 L76 n the conga line? om a tortured palate,and stay far away from any of the wines except the NOFO Peach. Really their grape blend And I wasn't kidding about not coming here unless you're in the mood to be annoyed by dancers,only to be Lured in by the amazing techo beats. RY '{pJ'5 . 4A2011 Qhfry fevorim place... I think R has more to do with the clientele rather than the wine.The wine certainly isn't bad-it's not great...but it's "O' k14 tparliculany,like the NOFO peach wine that they sell. YIk dNpid/om�,W be the go-to spot for a bunch of tlmnken animals.If I'm looking for a relaxing day at the vineyards, a fighting for space at the bar with a bunch of obnoxiously loud bachelorette girls wearing plastic penis jM[Mcles and dancing the conga.The last time'went there were two old guys sitting behind something qa DJ booth playing bad music,much too loudly for the number of people who were actually there e YY I'd say only come here H @'s a really nice day out and you can sit outside at one of the picnic tables.Don't mess with the twinge ,just buy a bottle and hang out and drink.If the entertainment is good maybe H's worth it Otherwise_. not impressed. Massapequa Park.NY [i &92012 this place is cool if you like drinking bad wine out of plastic cups and dancing to Bon Jovi. Don't get me wrong it's totally a blast d its your last stop on your vineyard outing and you're wasted The frozen sangria tastes like it has no alcohol is it. Good concept for a younger crowd but crappy wine and lose the gold food tokens and cover charge_....very tacky' nto Verona,NJ DDDR 91112012 Visited Vineyard 48 on September 8th on a wine tour for by cousin's bachelorette party and we had a great time! Grounds are beautiful and wine is good.It was nice change from the basic winery atmosphere with having a DJ and tlancing.While we were only there for a short time,we thought that the place was fun and not trashy as others have addressed in previous reviews.Have a little fun people!If you like a quiet,calm day at the wineries do not come here. Looking forward to returning to Vineyard 481 Party of 17 had a blast! Jaclyn H New York,NY L✓ '!111/1010 HATE LYNN!!!! This vineyard is theeeee worst. We took a party bus here from 800-TRY WINE,this place definitely has some kind of deal with this vineyard because the guy who gave us the bus hyped this winery up scoop much saying its a huge party with 300 people and s000 fun....When we got there,it was a whole different story. Should have known right from the start when you had to pay a"cover'fee to get into the place which was supposed to give you 5 wine tastings. We were a group of 14 and therewere no seats available in the shade on a 95 degree day, so we were seated directly in the middle in the sun. When other people had left from their tables with umbrellas we http://www.yelp.com/biz/vineyard-48-cutchogue 6/3/2013 Vineyard 48 - Cutchogue, Y • Page 7 of 8 I ee..and were scolded several times by Lynn. She was VERY rude and kept interrupting us randomly _ 1 day to keep on yelling at us and apparently venting,and when we all remained silent she continued to a fi 'Lletl over the manager and he was very acoomotlating and gave us 3 free bottles of wine. Had he not 4^r'P's 4', place would have ruined our entire day, Will NEVER return here again. Go to PINDAR or BAITING L_,OO Paul R Smithtown,NV DODOO��pf2 fhal euch a great time at Vineyard 48 11 gave this Vineyard 5 stars because of the entertainment value,forget the 99M."died up in the middle of a huge bachloretle party.Lots of nice looking young ladies,drunk,dirty dancing Rene Rap music playing. Its was like being in the middle of an episode of Jersey Shore"I Look forward to ggoing back I So tt you like people watching and alot of chaos,this is the place. !R D icnrzP . W qW W/W1 1/142011 Ol[JIM by the low reviews,but i can understand why people rate it low,since it isn't your typical winery 90- looking to lust chill on a bench and sip some wine while enjoying the weather,this isn't where is just an outdoor dance party that has wine instead of beer and liquor. $11)gels you admission and 5 jigsaw puzzle pieces which you use for the vine Castings. I ended up just giving the bartender 3 pieces and told her to fill up my cup. The DJ was pretty good and played all genres from 80s to top 40. wasn't surewhat kind W crowd to expect since we we came so late in the season when its pretty cold out alreatly.The dance floor was kinds empty when we got there,but by the time we left it was full. The gid to guy ratio was crazy,probably around 6:1,with a bunch of bacheloreffe parties. I can't really comment on how the wine tasted,we were already like 4 hours into our trip so i was wasted,but i know i didn't complain about it so it must've been good enough. Theres about 10 porta potties so bathrooms weren't an issue. There are also benches on the sides of the dance floor K you just wain relax for a little. Inside they have frozen sangria machines and bottles for sale. I can't wait to come back here in the summer when there should be more of a crowtl. Listed in C,,..,.,.,-:roohop Bar j?3 Piered) Best of Yelp:Cutchogue-Wineries S__ rsa 5w MM o je"i,°4 e �A O f ery ' b�l.....� dela 62M3�Aege People WhoY'�-- Iso Viewed... wti�ww rds z ngs were$8 for 4 different http://www.yelp.com/biz/vineyard-48-cutchogue 6/3/2013 6 0 MAILING ADDRESS: PLANNING BOARD MEMBERS OF Sour P.O. Box 1179 DONALD J.WILCENSKI �a y�lO Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS 41 41 Town Hall Annex PIERCE RAFFERTY N G Q 54375 State Route 25 JAMES H.RICH IIIO �0 (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR y00UM'1, Southold,NY � � Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Transportation Commission Members From: Brian Cummings, Plan Date: June 11, 2013 Subject: Amended Site Plan for Vineyard 48 Located at 18910 CR 48, Cutchogue SCTM#: 1000-964-4.3 The Planning Board refers this application to you for your information, comments, review, and a determination of jurisdiction. Description: 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 over-flow 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. Thank you for your cooperation. Please feel free to call me with any questions or comments regarding the above. 1 D JUN 10 M Date uv\c �l abt 3 BLDG.DEPT. File # TOWN OF SOUTHOLD TOWN OF S/ LOUTHOD COMPLAINT REFERRAL FORM Location of Complaint `V 1heyQrA q $ SCTM # Property Owner: Rose's line�ur-A LLC Phone Address: CR LitCJ�) -�uE NATURE OF COMPLAINT: L t Itr on Silt -- it Alledw *-e W,o 4or mart elay Alr ACTION TAKEN: Sle VW+ � Iaios f'akcn or, 4/V/3 Optional: jj�� Complainant: PIUnni q J300Iroloo By Phone_Mail In Person Address Phone: Report Taken By: Date Date Referred to Code Enforcement ,� 0 9 € MMENT RE ORT SITE INSPECTION REPORTMATE: ACTION/DATE: • • MAILING ADDRESS: PLANNING BOARD MEMBERS �OF so or P.O. Box 1179 DONALD J.WILCENSKI �O� y�lO Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR IiYCOU'M'� Southold, NY IY 1, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael Verity, Chief Building Inspector Cc: Martin Finnegan, Town Attorney Scott Russell, Town Supervisor From: Donald J. Wilcenski, Chairman Date: June 10, 2013 Re: Code Enforcement Vineyard 48, CR 48, Cutchogue, SCTM# 96.4-4.3 As you know, the Planning Board is currently reviewing a site plan application for this site with the main issues relating to overcrowding,parking and traffic problems. In addition, the Planning Board's record also shows serious problems with crowd control and pedestrian safety, noise problems, the site causing a nuisance in the neighborhood, as well as a dangerous situation on County Road 48. We are sending this complaint to request a violation be issued in relation to the tents that were erected at the site on Friday, June 7`h (see attached photos), and that the owner of the site be required to remove the tents immediately. It is our understanding that tents may not be used without a tent permit, and that a tent permit may not be issued without a Special Event permit. Nor may a tent be used during the time a site plan application is being reviewed by the Planning Board. Further, during site plan review, Town Code Section 280-130 B. states that no "other work"may take place until the site plan has been approved. The Planning Board considers the use of tents "other work" in that they are intensifying the use of their site, while at the same time circumventing the site plan process—the very process meant to determine if they can safely expand the use of their site. We request that the Building Department take immediate action and provide the Planning Board with a report of the actions taken to address this matter for our record. Thank you for your time .. ti .... '..' -er, y S Spy x'. a .I.A,(.r 1.r• MA'S' SIA / ) . "� air i .i'd 1 'A'f *eM IF �. m �1 .. + T. �;,. 10 7JP�' vo L ��4 r Al 11V 6. 7. 2013 15 :43 Lanza, Heather From: BEEJCHRIS@aol.com '4 Sent: Wednesday, June 05, 2013 1:32 PM To: Lanza, Heather Cc: Heather.Lanza@town.southold.n.y.us Subject: Vineyard 48 application comment Southold Planning Board June 5, 2013 Aside from attorney Ms. Moore's belief that Vineyard 48 is being unfairly targeted by the Town it has been my experience in life that if you draw attention to yourself you usually get the attention you deserve. That being said I believe the track record for Vineyard 48 is so poor as to their cooperation with the Town and the neighbors that the request to expand at this time is the height of arrogance. My suggestion is to put off the approval of their request until December 1st. This would allow enough time to see the steps taken by Vineyard 48 and their cooperation with the Police Department and the State Liquor Authority and the neighbors and the Town of Southold. Let us see how they handle the wine harvest season before expansion. Sincerely, Michael T. Burke 155 Woodcliff Drive Mattituck, New York 11952 JUN - 62013 t MAILING ADDRESS: PLANNING BOARD MEMBERS P.O. Box 1179 f 0 V DONALD J.WILCENSKI � SO �Iy Southold NY 11971 Chair �O� ' OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY H �c JAMES H.RICH III G 54375 State Route 25 MARTIN H.SIDOR ;O (cor. Main Rd. &Youngs Ave.) ��COUfm Southold, NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD June 4, 2013 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Hearing Held Open: Proposed Site Plan for Vineyard 48 Located at 18910 CR 48, ±340'w/o CR 48 and Depot Lane, Cutchogue SCTM#1000-96-4-4.3 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. The public hearing was held open. The next public meeting is scheduled for Monday, July 1, 2013 at 6:00 p.m. If you have any questions regarding the above, please contact this office. Very truly yours, Donald J. Wilcenski Chairman June 3,2013 MT Southold Town Planning Board, We start this letter with the fact that our home has been in our family since it was �G C constructed in 1983. This is not a case of buying a home next to an airport and then o complaining about noise or pollution from air traffic. In fact when the home was built Bidwell Vineyards had only recently purchased (1982) tlsudaeertt taus for the purpose of growing grapes. There was no tasting room, cigar store or Saturday dance parties. JUN - 42013 Under the ownership of the Bidwell family and subsequen'lt the Pi,Ria famil he1 Vineyard operated much the same as all the other surroiindmg v*, I,tds..They were good neighbors, and we had on occasion patronized them ourketwi. ®". Since the vineyard has been purchased by the Metz, Lamanna& Barton 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 though to November. In the early spring the noise,volume and cursing were kept to every Saturday. As summer approached it became every Friday& Saturday. By the end of summer 2011, the Vineyard 48 was hosting"Dance Parties" every weekend. The noise & 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 f-word)repeatedly, and vulgar sexually explicit content from Vineyard 48 for the entirety of April—November of 2011. It got to the point that our children could not stay outside to play on our own property due to the foul language and strolling with open containers past our home by Vineyard 48 patrons. When your 6 year old daughter asks you what "fuck" means it is not something one wants to have to explain. Our peace has been destroyed by the profit seeking concerns of the new owners. Even in our home we could still hear every lyric and the screaming of patrons. In August on the North Fork it is hot. Having to keep our children indoors all weekend 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 were many weekends last season, when Party Busses and Limos were DOUBLED PARKED on County Road 48 in front of Vineyard 48 due to inadequate parking for the size of the events they were holding on a weekly basis. These party busses and extended limos are also attempting to make U-turns on CR 48. I say attempting because they are unable to make the U-turns. Thereby creating a danger to themselves, their passengers and other motorist when they are forced to make 4 and 6 point turns on a duel lane highway. They have been parked East bound on CR 48 from Zuhoski's private Road all the way to Depot Lane and at the same time on the West bound side of CR 48 from Depot Lane up to and including in the turning lane meant for the safe exit off CR48 into the Oregon View Estates and from the fire hydrant to Mr. Gancarz (sp?)property. It makes the entry and exit from our development, Zuhoski's Pvt Rd. &Mr. Gancarz drive way very hazardous. Mrs. E. Zuhoski has already been in an MVA pulling out of her road in the best of conditions. Like wise, 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 are walking across all 4 lanes of CR 48 to get back to their limos & busses when they are ready to leave. This is not a safe place for the volume of traffic that Vineyard 48 is producing. Having mentioned health issues, it brings me to another point of contention. Last October we had Vineyard 48 patrons use our back yard bushes as a bathroom before entering there limos to continue on their way. This is most likely due to inadequate bathroom facilities provided for the volume of customers. We have tried to be good neighbors but Vineyard 48 is not interested in that. We have been left no other recourse but to call Southold Town PD when things get out of hand. Since 2012, we have had noise ordinance in effect. When we call, PD responds and the music goes down until PD is gone. Once they leave it goes right back up. We have asked PD to relay to the managers our desire to meet with them to discuss the issues. Each and every time PD comes back with the message that they do not want to talk with us. The last weekend of March 2012, Vineyard 48 was back at it weeks earlier than last year. After having our children indoors for the summer& fall of 2011 we were unwilling to spend spring, summer& fall 2012 like that. Instead of calling we went directly down to PD and spoke with Lieutenant Ginas,who sent out a squad car. On May 12, 2012 our youngest child received her ls`Holy Communion. We were unable to have a party for her because of the situation across the street, overflowing onto our yard. We can not ask our 80+year old Aunts and our Nieces&Nephews to come to our house and be exposed to Vineyard 48's out of control "tastings" On June 24, 2012 I witnessed a white female, 30's, long dark hair& a white male 30's light colored shirt, light brown hair performing oral sex in plain view of my property. (In front of Vineyard 48's vines on County Rd. 48.) On October 13, 2012 a young man wearing a yellow t-shirt& blue baseball cap came across the street to urinate, exposing himself to both my 7 year old daughter and our Neighbor's the Johnson families 6 year old. This is UNACCEPTABLE by any normal persons' standards. This is a residential neighborhood with multiply small children and teenagers. Our youth should not be exposed to this. The property in question is zoned AC and Night Club style Dance Party's or DJ wine tastings operating all afternoon and evening long ARE NOT AC! As residence of Southold Town we expect to be able to enjoy the same peace and use of our property that is expected by every one 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. Sincerely William& Mary-Beth Shipman 75 Horseshoe Drive PO BOX 1315 Cutchogue, NY 11935 10 0 PLANNING BOARD L TOWN OF SOUTHOLD: NEW YORK --------- ---- -------------------------- ---- ---- In --In the Matter of the Application of AFFIDAVIT OF VINEYARD 48 SIGN POSTING Regarding Posting of Sign Upon Applicant's Land Identified as r____ 7-777=-77_ 1000-96-4-4.3 ---------------------------------------------------------------X MAY 312013 COUNTY OF SUFFOLK) i STATE OF NEW YOR I residing at being duly sworn, depose and say that: On thea?day of May, 2013, I personally placed the Town's official Poster, with the date of hearing and nature of the application noted thereon, securely upon the property, located ten (10) feet of the front property line facing the street(s) where it can easily be seen; and that I hereby confirm that the Poster has remained in place for seven days prior to the date of the subject hearing date, which hearing date was shown to be MONDAY, June 3, 2013 MgTT/fEr✓ Mc rz Sworn to before me this 3/ ST day of M19-Y aDl� Not ry P blic MARGARET C. RUTKOWSKI Notary Public,State of New York No. 4982528 d in Commission � Expires Junuffolk e 3. PIC "near the entrance or driveway entrance of the property, as the area most visible to passersby. 1� PLANNING BOARD TOWN OF SOUTHOLD: NEW YORK ---------------------------------------------------------x In the Matter of the Application of AFFIDAVIT VINEYARD 48 OF (Name of Applicant) MAILINGS CTM Parcel #1000-96-4-4.3 MAY 312013 i COUNTY OF SUFFOLK) f STATE OF NEW YORK) I I, BETSY PERKINS, residing at Mattituck, New York, being duly sworn, depose and say that: On the 24T" day of May, 2013, 1 personally mailed at the United States Post Office in Southold, New York, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, a true copy of the attached Legal Notice in prepaid envelopes addressed to current owners shown on the current assessment roll verified from the official records on file with the ( X ) Assessors, or ( ) County Real Property Office , for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding the applicant's property. ( gnatur TSY P R Sworn to before me this 30th day of May, 2013 (No ary Public) MARGARET C. RUTKOWSIO Notary Public,State of New York No. 4982528 Qualified in Suffolk unGountV �s Commission Expires 3. PLEASE list, on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. Tax lot # Owner& mailing address 1000-95-4-12 Mattituck Farm Holdings, LLC C/O Belvedere Prop. Management Attn: Brian Owen 1251 Avenue of the Americas New York NY 10020 1000-95-4-13 Mattituck Farm Holdings, LLC C/O Belvedere Prop. Management Attn: Brian Owen 1251 Avenue of the Americas New York NY 10020 1000-95-4-18.23 Greg& Susan Tyler 80 Horseshoe Drive Cutchogue NY 11935 1000-95-4-18.24 William C. Shipman PO Box 1315 Cutchogue NY 11935 1000-96-4-3 Kimberly Zahra 19105 CR 48 Cutchogue, NY 11035 1000-96-4-5 Joseph& Sharon Burke 220 John Street Oradell NJ 07649 1000-96-4-6 Joseph& Sabrina Zuhoski PO Box 615 Cutchogue NY 11935 1000-96-4-8.1 Cutchogue Power Co., LLC PO Box 1470 Mattituck NY 11952 1000-96-4-4.2 George S. & Laurie J. Helenski PO Box 35 Cutchogue NY 11935 1000-96-4-1.4 Andrew A. Besch Glenda McCardell 2550 Reeve Road Mattituck NY 11952 1000-102-1-1.2 Joseph & Shelia Zuhoski PO Box 414 Cutchogue NY 11935 1000-102-1-1.5 Chris Zuhoski PO Box 2601 East Hampton NY 11937 1000-102-1-2.1 Mr. Kenneth Rydzewski LIRR, Engineering Department 93-59 183rd Street Hollis, NY 11423 RECEIPT ! RE C RECEIPT RECEIPT 7104 2438 8090 0000 1409 7104 2438 C 1416 7104 2438 8090 0000 1423 7104 2438 8090 00001430 FROM: FROM: FROM: FROM: Moore Law Offiqe Moore Law OFce Moore Law OBCa Moore Law Office RE:Vineyard 48 Planning RE.Vineyard 48 Planning 1 RE:Vineyard 48 Planning RE:Vineyard 48 Planning SEND TO: SEND TO: SEND TO: SEND TO: Mattituck Farm Holdings,LLC Greg&Susan Tyler William C.Shipman Kimberly Zahra C/O Belvedere Property Margam 80 Horseshoe Drive PO Boz 1315 19105 CR 48 Attn:Brian Owen Cutchogue NV 11935 Cutdlogue NY 11935 Cutchogue NY 11035 1251 Avenue of Americas New Yak NY 10020 F ' FEES: FEES' FE 0.46 Postage .46 Postage 0.46 P 0.46 sta 3.10 Ce aB 2ilip Certs 0 etl (�33.10 .,aGe ied Fee s�2 55 um Recei Ret ip 2.55 Be u eceipt `�i.55 C, R um Receipt j Restrictetl r Re r�tl . sir etl Q. slrictetl •OTAL N $ TOT L $6� OTA Q,3 6.11 :, TO AL Nl $6.11 POSTb4K OR DA E� P ST RK OR FE PO MA% RDATE P ST K OR DATE -, ,0 n�C RECEIPT RECEIPT RECEIPT RECEIPT 7104 2438 8090 00001447 7104 2438 8090 00001454 7104 2438 8090 00001461 7104 24W 8090 0000 1478 FROM: FROM: FROM: FROM: Moore Law Office Moore Law Office I ' Office RE:Vineyard 48 Planning Moore Law Office Moore Law d 48 eY ng RE:Vineyard 48 Planning RE-.Vineyard 46 Planning RE Vineyard 48 Planning i SEND TO: I SEND TO: SEND TO: SEND TO: Joseph 8 Shoran Burke Joseph&Sabrina Zuhoski Cutchogue Power Co.,LLC George S.&Laurie J.Helenskl 220 John Street PO Box 615 PO Box 1470 PO Box 35 Oradell NJ 07649 Cutchogue NY 11935 Muni NY 11952 Cut 1ogue FEES: 5 FEES: C�NZ FEF ." Pos 46 Po Q� 046 tag046 to C F 3.10 C �ICtl F 3 0 Q10 �`6 rtif Fas X3.10 1 R Pt 2. ceipt YuS Ret Receipt -y255 Q eslrict n�� 7 estri ^ V Res igetl z0.T AL �6.Y1 T AL '98.11 6.11 1 OTA •� $6.11 OS ARKRATE OST ARKDATE ATE!// OSTMAkW DATEA. S V6SOcnf �/ lS RECEIPT RECEIPT 710424 REC8090 EIPT 01409 7104243B 8090 0000 1416 RECEIPT RECEIPT FROM: 7104 24M 8090 0000 1423 7 104 2438 8090 ODOO 1430 FROM: Moore Law Office FROM: FROM: Moore Law Once RE-.Vineyard 48 Planning Moore Law Office Moore Law Office RE.Vineyard 48 Planning RE:Vineyard 48 Planning RE'.Vineyard 48 Planning SEND TO: SEND TO: Joseph&Shelia Zuhoski SEND TO: SEND TO: Andrew A.Beach i PO Box 414 Chris Zuhoski Mr.Kenneth Rydaewski Glenda McCardell Cutctwgue NY 11935 PO Box 2601 2550 Reeve Road LIRR,Eng.Dept. Ma East Hampton NY 11937 93-59183rd Street Hollis NV 11423 FEES P g�� 046 FEES't.) YS FEE G G, P age 046 Retl. ee 0 P raga 046 M9e 046 -J edified Fee 3.10 e um.Receipt 5 eddied a 0 ifi Fee 3aturn .10 Restricted d1 2 5 t• Restricted Retu eceipt 255 ��t Receipt .55 V 1 T TAIL $6.1 TAIL 6.11 Rest ted T rioted 1$ ' OSTMARF��fi DATE OT f^� b1 OT L ��'a, $6.11 OS Y2K OR DA = POS OR DATE /I ^ PO TMARIL0 DATE _% Uj�O •w'ti' � -l^ GO RECEIPT RECEIPT 7104 2438 8090 0000 1461 7104 2438 8090 0000 1478 FROM: FROM: Moore Law OFce Moore Law Office REVineyard 48 RE:Vineyard 48 SEND TO: SEND TO: Castello DiBorghese LLC Krupski Family Limited Partnership PO Box 957 Go Suzanne M.Maurine Cutdrogue NY 11935 95 Laurel Hill Road Northport NY 17768 rEFEES: 0.46 Po 0.46 10 P 310 2. eipt 55 �stri $q,y, OA+Y�E"ttpA PO TMARKQf3,DATEp,^' y www.b l u m be rg... _ = Da • N n 3 <� "oi O E+ O > _ b y z z _ o 'F1 MOORE LAW OFFICE 4. Restricted Delivery? 3.Service Type 71 I 51020 MAIN ROAD a n ey M (Extra Fee) Yes CERTIFI� I a" " .f r7 SOUTHOLD NY 11971 ' - � r a • is 2, Article Number 3i c t m 7104 2438 8090 0000 1416 I ^ c • . - 3 Addre see Oro B. a eaedr BV--'(Please. s Print Clea gent) IIIIII II VIII I IIIIIIIIIIIIIIIII II IIII III I a n m > Iy, IN - Zi- &^�iClt 7104 2438 8090 0000 1416 I —ci o M n2Ll R �1 E I C.Date of Delivery 1. Article Addressed To: I o so n C3 �— Gl H n t •::� ra a mrnc " n m D.Addressee's Address rnolmnmFAmanen..uaeddysendeo JO$E..-;: 8 $HELIA ZUHOSKI I w fL 'I m 2 N m zoa a r ^ m PO B9X 414 .� rn z W m - CUTCHOGUE NY 11935 o w s Z m SeonnEary Admesa/Seile/Apt.I Floor(PleasePnnf Clee�lyf r A K 3 0. v ❑ O '} i.... p W m e 1GORE LAW OFFICE 4. Restricted Delivery? 3.Service Type ,i w ml -a m t m 1020 MAIN ROAD m SOUTHOLD NY 11971 (Extra Fee) El Yes CERTIFIED 1 C3 2. Article Number m G e r y.c e n, -- ___ ` 7104 2438 8090 DODO 1454 ' p )( ? _ D O D N N N 3 st A.Sig /AtuAr/e/ OAdtlessee�or❑Agent) IIIIII II VIII I III�I�IIIIIIIIIIIII III I III a a = o m ". Received By: (Plea - Print Clearly) 7104 2438 8090 0000 1454 '2h(h� - `ver' 1. Article Addressed To: m a r o -c m rAd.dres_ .,u.eays.ma JOSEPH 8 SABRINA ZUHOSKIPO BOX 615 °CUTCHOGUE NY 11935e:ry�nda:e:a�i'suii"e�i nn'r..i�i......rv�e:e w:(�i'cidenrl 17 �i.. MOORE LAW OFFICE 4. Restricted Delivery? 3.service Type 51020 MAIN ROADEl CERTIFIED SOUTHOLD NY 11971 (Extra Fee) Yes 2. Article Number 7104 2438 8090 0000 1478 "n o L4 9 star (❑ as or OAgent) IIIIII II VIII I IIIIIIIIIIIIIIIII IIIIII III I r Z T C3N X ru ? m zxmM calve y: (Pleas �in Clearly) i < H H cm !, z o 7 r'104 2438 8090 0000 1478 s r 3 ti m C. to of Delivery 1. Article Addressed To: O r w m Elo Iron H d .'D H C3m N <' D.Addressee's Address raoln«.arFlw^aml...u..deys.,�d.,/ GEORGE S. 8 LAURIE J• HELENSKI I ZrHj p cJ PO BOX 35 o v C3 a CUTCHOGUE NY 11935 C3 ° "sapoaeary Aeer.a./s"t•/ .... . .. .... .. J n a 2 Apt./Flom(Pbeas Lleedy) ------------------------------------------------ ........ z o Delivery Add.... r9 a Al � rn T CRY - - style...........ZIP�4 Code = m O H MOORE LAW OFFICE 4. Restricted Delivery? 3.Service Type 51020 MAIN ROAD (Extra Fee) ❑Yes CERTIFIED SOUTHOLD NY 11971 2. Article Number 7104 2438 8090 0'000` 14461 A. (❑ , • or❑Agent) IIIIII II IIIII I IIIII�IIIIIIIIIII VIII III I cerved By. e e PHnf Clearly) •r 4 2438 8090 0000 1461 C.Date of Delivery 1n pIM 7Y1�1 D tlnssetl To: D.Addressee sAddress,dn..n,F..Adma..u, s+n C y O G UE POWER CO- , L L C fly QX 1470 TTITUCK NY 11952 Sec.Mary Atltlrees I SAW-1 ADL I Floor jFleeae prw Ci:erb�) MOORE LAW OFFICE 4• Restricted Delivery? 3.Service Type 51020 MAIN ROAD (Extra Fee) ❑Yes CERTIFIED SOUTHOLD NY 11971 2. Article Number 7104 2438 8090 0000 144'k o n m a a R ,� oru M ro (OAddressee or 1111111111111 IIIIIIIII n 3m S. Received By. (Please Print Clearly) a! n H E 7104 2438 8090 0000 1447 z z C.Date of Delivery e 1. Article Addressed To: 16 rel. a m • an rresseeS Address rxDdbnnrFmreAdd� 4U..d6Y5.nd.A JOSEPH' 8 SHARON BURKE 1 a220 JOHN STREET a' g v ❑ ORADELL NJ 07649tl Fy gd'ar...I smta I Apt.I Fbw IFwee Prim e,ear� a H m MOORE LAW OFFICE 4. Restricted Delivery? 3.Service Type "I 51020 MAIN ROAD (Extra Fee)/ ❑Yes CERTIFIED SOUTHOLD NY 11971 71 2. Article Number n v n a C o n 7104 2438 8090 0000 1430 n Do �i n v x o m y tr+ ee>� C3 A Sig nater r t IIII!' {I IIIII I IIIIIIIIIIIIIIIIIII IIII III I m X ru a w t n O m B. Re (Please Print early) I j p o � s Z m 7104 2438 8090 0000 1430 I ru 3 n x o w " ❑ o C. ate®of ID, INerry� 1. Article Addressed To: I w 71 v3 L�7 I O m � „ y D.Addressee's Address(XDft etF..A".1U1edb1S ed4tl KIMBERLY ZAHRAI / o ..a - 19105 CR 48 / n o assassinsY CUTCH06UE NY 11035 o d m R. seeone.rr Aaa...a I smr.I Apt.I Flpor(Plea Fdrrt ....drl r o A 9 IrIr Delivery AtlJr:ee ' 0 I 0 #11198 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 23rd day of May. 2013. (, Principal Clerk Sworn to before me this 1; day of 2013. LEGAL NOTICE Notice of Public Hearing — NOTICE IS HEREBY GIVEN that, pursuant to Article XXV of the Code of the Town of Southold;a public hear- ing will be held by the.Southold Town Planning Board,at the Town Hall,Main CHRISTINA OLINSKI Road,Southold,New York on the 3rd day of June,2013 on the question of the NOTARY PUBLIC-STATE OF NEW YORK following: No. O 1 VO61 05050 6:00 pm.Proposed Site Plan for 9uchhoo ➢, Suffolk County ward Harbes located at 555 Sound'Av- enue,t830'w/o Aldrich Lane,Mattituck, My Commission F.p!res Feb,uory 28, 2016 Town of Southold,County of Suffolk, State of New York.Suffolk County Tax Map Number 1000-1204-3 6:02 p.m. Proposed Amended Site Plan for Vineyard 48:1ocated at 18910 CR 48,x340'w/o CR 48&Depot Lane, Cutchogue,Town of Southold, Gummy of Suffolk,State of New York.Suffolk County Tax Map Number 1000-9644.3 Dated:5/9/13 'BY ORDER OF.THESOUTHOLD TOWN PLANNING BOARD Donald J.Wilcenski Chairman 11.198-IT 5/23 • • MAILING ADDRESS: PLANNING BOARD MEMBERS Vl P.O. Box 1179 DONALD J.WILCENSKI �*OF SOSo y0 uthold,NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G C 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN R SIDOR lj'4,ou Southold, NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 3rd day of June, 2013 on the question of the following: 6:00 p.m. Proposed Site Plan for Edward Harbes located at 555 Sound Avenue, ±830' w/o Aldrich Lane, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-120-1-3 6:02 p.m. Proposed Amended Site Plan for Vineyard 48 located at 18910 CR 48, ±340' w/o CR 48 & Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-4-4.3 Dated: 5/9/13 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman PLEASE PRINT ONCE ON THURSDAY, MAY 23, 2013 AND FORWARD ONE (1) AFFIDAVIT TO THIS OFFICE. THANK YOU. COPY SENT TO: The Suffolk Times • • Page 1 of 1 Kalin, Carol From: Tracey Doubrava [tdoubrava@timesreview.com) _ Sent: Thursday, May 09, 2013 10:15 AM To: Kalin, Carol Subject: Re: Legal Ad for May 23, 2013 Suffolk Times Hi Carol. I have your posting and will have published in the May 23 edition of the Suffolk Times. Thanks. Tracey Doubrava Display Ad Sales Coordinator Times/Review News Group 7785 Main Rd. P.O. Box 1500 Mattituck, NY 11952 P: (631)298-3200 E: tdoubrava@timesreview.com From:<Kalin>,Carol<Carol.Kalin@town.southold.nv us>�� Date:Thursday, May 9, 2013 10:07 AM To:tr-legals<legals@timesreview.com> Subject: Legal Ad for May 23, 2013 Suffolk Times Please print the attached legal ad for the June 3, 2013 Planning Board Public Hearings regarding the site plan for Edward Harbes and the amended site plan for Vineyard 48 in the May 23, 2013 edition of the Suffolk Times. An e-mail confirmation of receipt for our files will be appreciated. Thanks. Carol Kalin, Secretarial Assistant SoutholdTown Planning Board SoutholdTown Annex, 54375 NYS Rt. 25 P.O. Box 1179 Southold,NY 11971 Phone: (631)765-1938 Fax: (631)765-3136 Carol.Kalinntown.southold.nv.us 5/10/2013 0 • MAILING ADDRESS: PLANNING BOARD MEMBERS 0 f SOU O P.O. Box 1179 DONALD J.WILCENSKI rIy Southold, NY 11971 Chair �O OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY H 54375 State Route 25 JAMES H.RICH IIID • �O (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR I,YCO Southold, NY Telephone:631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD LEGAL NOTICE Notice of Public Hearing NOTICE IS HEREBY GIVEN that, pursuant to Article XXV of the Code of the Town of Southold, a public hearing will be held by the Southold Town Planning Board, at the Town Hall, Main Road, Southold, New York on the 3rd day of June, 2013 on the question of the following: 6:00 p.m. Proposed Site Plan for Edward Harbes located at 555 Sound Avenue, ±830' w/o Aldrich Lane, Mattituck, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-120-1-3 6:02 p.m. Proposed Amended Site Plan for Vineyard 48 located at 18910 CR 48, ±340' w/o CR 48 & Depot Lane, Cutchogue, Town of Southold, County of Suffolk, State of New York. Suffolk County Tax Map Number 1000-96-4-4.3 Dated: 5/9/13 BY ORDER OF THE SOUTHOLD TOWN PLANNING BOARD Donald J. Wilcenski Chairman 0 0 STATE OF NEW YORK) SS: COUNTY OF SUFFOLK) CAROL KALIN, Secretary to the Planning Board of the Town of Southold, New York being duly sworn, says that on the 10th day of May, 2013 she affixed a notice of which the annexed printed notice is a true copy, in a proper and substantial manner, in a most public place in the Town of Southold, Suffolk County, New York, to wit: Town Clerk's Bulletin Board, Southold Town Hall, 53095 Main Road, Southold, New York 6/3/13 Reaular Meeting: 6:00 p.m. Public Hearing for the proposed Site Plan for Edward Harbes, SCTM#1000-120-1-3 6:02 p.m. Public Hearing for the proposed Amended Site Plan for Vineyard 48, SCTM#1000-96-4-4.3 Carol Kalin Secretary, Southold Town Planning Board Sworn to before me this ldy`"dayof 2013. Notary Public MELANIE DOROSIO NOTARY PUBLIC,State of Newyork No.01D04634870 Qualified in Suffolk county Commission Expires September 30, ��I 9 MAILING ADDRESS: PLANNING BOARD MEMBERS - DF soar P.O. Box 1179 DONALD J.WILCENSKI �r y�l Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J. E TY Town Hall Annex PIERCE RAFFERTY G • 54375 State Route 25 JAMES H.RICH III MARTIN H.SIDOR ���c � (cor.Main Youngs Ave.) o� Southold, d, NY Telephone: 631 765-1935 Fax:631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD May 7, 2013 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Set Hearing: Proposed Site Plan for Vineyard 48 Located at 18910 CR 48, ±340' w/o CR 48 and Depot Lane, Cutchogue SCTM#1000-96-4-4.3 Zoning District: A-C Dear Ms. Moore: The Southold Town Planning Board, at a meeting held on Monday, May 6, 2013, adopted the following resolution: WHEREAS, on April 1, 2013, the applicant submitted an application for site plan review; and WHEREAS, 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 over-flow 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; be it therefore RESOLVED, that the Southold Town Planning Board sets Monday, June 3, 2013 at 6:02 p.m. for a public hearing regarding the site plan "Amended Site Plan: Vineyard 48", dated November 2, 2012 and last revised March 28, 2013, prepared by Angel B. Chorno. Please refer to the enclosed copy of Chapter 55, Notice of Public Hearing, in regard to the Town's notification procedure. The notification form is enclosed for your use. The sign and the post will need to be picked up at the Planning Board Office, Southold Town Annex. Please return the enclosed Affidavit of Posting alona with the certified mailing receipts AND the signed green return receipt cards before 12.00 noon on Friday, May 31st. The sign and the post need to be returned to the Planning Board Office after the public hearing. 6 0 Vineyard 48 Page Two May 7, 2013 If you have any questions regarding the information contained in this resolution, please contact the Planning Board Office. Very truly yours, Donald J. Wilcenski Chairman Encls. Southold Town Planning Board Notice to Adjacent Property Owners You are hereby given notice: 1. That the undersigned has applied to the Planning Board of the Town of Southold for an Amended Site Plan; 2. That the property which is the subject of the application is located adjacent to your property and is described as follows: SCTM#1000-96-4-4.3; 3. That the property which is the subject of this application is located in the A-C Zoning District; 4. That the application 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 over-flow 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. The property is located at 18910 CR 48, ±340' w/o CR 48 and Depot Lane, Cutchogue; 5. That the files pertaining to this application are open for your information during normal business days between the hours of 8 a.m. and 4 p.m. in the Planning Department located in the Town Hall Annex on the corner of Youngs Ave. & NYS Rte. 25, Southold (2nd Fl., Capital One Bank). If you have any questions, you can call the Planning Board Office at (631)765-1938. Information can also be obtained via the internet: 1. Go to the Town of Southold website www.southoldtownnv.4ov; 2. Click on Weblink located on bottom left of home page; 3. Click on "Planning Dept." folder; 4. Click on "Applications", then "Site Plans", then "Pending'; 5. Click on the SCTM# (tax map #) of the application (found in #2 above). Or by sending an e-mail message to: Carol.Kalin(a-_)town.southold.nv.us; 6. That a public hearing will be held on the matter by the Planning Board on Monday. June 3. 2013 at 6:02 p.m. in the Meeting Hall at Southold Town Hall, Main Road, Southold; that a notice of such hearing will be published at least five days prior to the date of such hearing in The Suffolk Times published in the Town of Southold; that you or your representative have the right to appear and be heard at such hearing. Petitioner/Owner Name: Rose's Vineyard, LLCNineyard 48 Date: 5/7/13 Notice to Adjacent Property Ovirs Vineyard 48 18910 County Road 48,Cutchogue SCTM#1000-96.44.3 1. 95.4-12 2. 95.-4-13 3. 95.-4-18.23 4. 95.-4-18.24 5. 96.-4-3 6. 96.-4-5 7. 96.4-6 8. 96.4-8.1 9. 96.44.2 10. 96.-4-1.4 11. 102.-1-1.2 12. 102.-l-1.5 13. 102.-1-2.1 RE �,u, • 4 w-,001 - sEE SEc.No.oa NJplplll' sEE SEc.NL.aea 10-0Ypl NwOQ WTCM UNEWATCH E_____�Z_____________ ________ ________ NJ1 f@ SSS PCL NO' FOR PCL N0. e SEE SEC NO SEE SEC.NO. ]p 03404005< 12 FOR PCL.NO. 3 AA ]p> 4 yam] SEESEC.NO. I 16-05 i' Of e > "�T 097-01-01,.2 ma]m Qd kF �apq i w I as 0' B y ry1 z �], d J M1.10 I FOR PCL NO. I SEE BEC.NO. h.l O 1.1A WVM �F � W7-01401 U 6 4 , 1a l 19 11A '.a 3 W r o = 1 1.G 13 i 1.3 r d m a)a � s Tulp i i w - wwrroFJu<rad �' �z . 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SEE SEL.NO. 0 18641L132 — 16H'BtdIIdd ^ § Wq e _—_--_ ZZ LINE MRTCH UNE Py H]t Im « BEE SEC.NO 109 "F_J E _zT-- ••.�.:...� R1) L7--- Ox.. -- -- ,,,,,r --^-- wx6ionce COUNTY OF SUFFOLK © N n ,o e�oF q0 � SECTION NO E . ,,,, , _ x.. ,.. — fly Tau SerA rr.x.ruN --- ur�oeu. •— rreoe im'aamgxff lre CpYRM1rYO. H16t .. .,.wx. �.P.„6 Real Prope� - a 1. -• - m � ..,a«m.,.[9....,.�,® �.1 NY ce ,N102 Or o.,rr —��� w.w..u. .—.-- u�: ^^ M. Agency ro, «e r AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Rose's Vineyard, LLC Address: P.O. Box 914, Cutchogue, NY 11935 Land Owner (if other than applicant)' (same as above) Land Owner Address: (same as above) Description of Proposed Project: 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 over-flow 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. Property Location (road and tax map#). 18910 CR 48, ±340' w/o CR 48 and Depot Lane, Cutchogue; SCTM#1000-96-44.3 Is this parcel actively farmed? Yes No Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: 1. SCTM#1000-102-1-3.3 & 3.4, 1000-101-2-18.6, 1000-101-2-21.3: Castello DiBorghese, LLC, P.O. Box 957, Cutchogue, NY 11935 2. SCTM#1000-95-4-11: Krupski Family Limited Partnership, c/o Suzanne M. Maurino, 95 Laurel Hill Road, Northport, NY 17768 Attach a tax map or other map showing the site of the property where the project is proposed relative to the location of farm operations identified above. Applicant Signature Date .tom v SEE SEO.NO.OaI SEESEG.N0.061 UNE __— nmeoa %-0888 u IMTCN ___ ___ ____ __ _ _ UNE WTCN ___ —� a —tz' —� —� L FON PCL NO. pi-CFpp W_ aff¢c.xo. SEES81 No . iy ma9Y 112 D�fOR3 2, 91 08 0061.1 I ? OLMOO 19]A( 11µq q 43A ,1d J� ♦ noNNossynxan MSEC, LLVpp'VFNlPoGMS) 1 t 4 Cm01417S ,19 512A( d N; • 2M(q I I` `3. 9.1 1005 25.3A(.) 12 O -0B I O 9 +1-050! ta]A(q t2 w 12-1608 42 1SEE SEC.NO. , 09601.0% M m a3 2OM sIA w ' q E ao at rmNwes sovnaU » o9x94wNenantHra B � i xM at 982 / �I— a143 g 72 Mm xaA O 3AA PONN Cf aovnfof0 4 p _ a9vvr2mmrrNr+Ns1 a".) 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(21) O2 "^`-" — — '�"• ,-- YVN)BNNI.gµlpWmN WEp1 Real Property Tau Service Agency v O E yw -. a mwu.--,-- '�^ aos 14� sN1YWm�Px6]IE OwMyOMwPowbM.Nv1t99t AO.] d♦W 4FM1v1` -- am EbFM11MYV NHKMI)® C4f xIHS M��Z-4 1 !.p r...Na 1z1Nn.tzu 1—� —__— — -- Ru. -- Nxwc rm)Rm P1000 PROPERTY WN .. .'. m•mm•a9xr,naN AFFIDAVIT OF POSTING This is to serve notice that I personally posted the property known as by placing the Town's official poster notice(s) within 10 feet of the front property line facing the street(s) where it can be easily seen, and that I have checked to be sure the poster has remained in place for seven days prior to the date of the public hearing on I have sent notices by certified mail — return receipt, the receipts and green return receipt cards of which are attached, to the owners of record of every property which abuts and every property which is across on Your Name (print) Signature Address Date Notary Public PLEASE RETURN THIS AFFIDAVIT, CERTIFIED MAIL RECEIPTS & GREEN RETURN RECEIPT CARDS BY. 12:00 noon. Fri., 5/31/13 **************************************************************************************************** Re: Proposed Amended Site Plan for Vineyard 48 SCTM#s: 1000-96-4-4.3 Date of Public Hearing: Monday, June 3, 2013. 6:02 p.m. ROSE ' S VINEYARD , LLC 61TE PLAN FOR VINEYARD 48 1000 =96 =4 -4 . 3 Proposal for a 40' x 100' pole barn pavilion with two walls, a re-design of the existing parking areas, and the addition of an over-flow 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 luilding and 11 .3 acres of grape vines on 14.9 acres in the A-C Zoning District. MONDAY - JUNE 312013 - 6 : 02 P . M . Town of Southold PC/Codebook for Windows § 55-1. Providing notice of public hearings. [Amended 6-3-2003 by L.L. No. 12-20031 Whenever the Code calls for a public hearing this section shall apply. Upon determining that an application or petition is complete, the board or commission reviewing the same shall fix a time and place for a public hearing thereon. Notice relating to a public hearing on an application or petition shall be provided as follows: A. Town responsibility for publication of notice. The reviewing board or commission shall cause a notice giving the time, date,place and nature of the hearing to be published in the official newspaper within the period prescribed by law. B. Applicant or petitioner responsibility for posting and mailing notice. An application or petition, initiated,proposed or requested by an applicant or petitioner, other than a Town board or commission, shall also be subject to additional notice requirements set forth below: (1) The applicant or petitioner is required to erect the sign provided by the Town, which shall be prominently displayed on the premises facing each public or private street which the property involved in the application or petition abuts, giving notice of the application or petition, the nature of the approval sought thereby and the time and place of the public hearing thereon. The sign shall be set back not more than 10 feet from the property line. The sign shall be displayed for a period of not less than seven days immediately preceding the date of the public hearing. The applicant,petitioner or his/her agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. (2) The applicant or petitioner is required to send notice to the owners of record of every property which abuts and every property which is across from any public or private street from the property included in the application or petition. Such notice shall be made by certified mail,return receipt requested,posted at least seven days prior to the date of the initial public hearing on the application or petition and addressed to the owners at the addresses listed for them on the local assessment roll. The notice shall include description of the street location and area of the subject property,nature of relief or approval involved, and date, time and place of hearing. The applicant, petitioner or agent shall file an affidavit that s/he has complied with this provision prior to commencement of the public hearing. 1 a i qt,MT1, Cummings, Brian A. t From: Fisher, Robert Sent: Thursday, May 23, 2013 9:51 AM To: Cummings, Brian A. Subject: Vineyard 48 Brian Sorry for the delay, it was buried. MAY 2 g2013 I have no serious reservations about this site plan. Bob Fisher Fire Marshall Cutchogue Fire District Commissioner Robert Fisher Fire Marshall robert.fisher@town.southold.ny.us (631)765-1802 office (631)786-9180 cell CONFIDENTIALITY NOTICE:This communication with its contents may contain confidential and/or legally privileged information.It is solely for the use of the intended recipient(s).Unauthorized interception,review,use or disclosure is prohibited and may violate applicable laws including the Electronic Communications Privacy Act. If you are not the intended recipient, please contact the sender and destroy all copies of the communication t P(� , n,v\�T�3,C Elizabeth Thompson,Chairperson Town Hall AnnexI`{lG Reynolds duPont,Jr. gUFF044 e 54375 Route 25 Jose h Lee p� O PO Box 1179 Joseph Ronald McGreevy Southold,NY 11971 Howard Meinke Nicholas Planamento +�+ Fax(631)765-6641 Mark Schwartz �' a� Telephone: (631)765- 1892 Stephen Geraci1 * �� southoldtown.northfork.net James Grathwohl Patricia Butler F, - ;1 Town of Southold "i Architectural Review Committee Minutes MAY 2 02013 4:OOp.m., May 16, 2013 - —��Town Hall Annex Executive Board Room Members Present: Elizabeth Thompson; Ron McGreevy;Joseph Lee; Howard Meinke; Nicholas Planamento; Mark Schwartz; Stephen Geraci; Patricia Butler; Alyxandra Sabatino, Town Planner; Elizabeth Cantrell,Secretary The minutes for the February 21, 2013 meeting were approved. Introduction: All applicants will give a presentation consisting of drawings, exterior materials samples and other information required by the Planning Department to the Committee. The Committee will ask questions and make suggestions as part of a general discussion with each applicant. Final recommendations from the ARC will be presented to the Planning Board in the ARC Meeting Minutes, and be made part of the Planning file for that application. The Planning Board will consider these recommendations, together with all comments from other agencies, and provide the applicant with a comprehensive written list of its requested revisions. New Applications: • VINEYARD 48 SCTM#: 1000-96-4-4.3 Patricia C. Moore, Esq., applicant's attorney and Alyxandra Sabatino,Town Planner presented the project 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 over-flow parking area with 100 parking spaces. Existing on site are a 2,032sq.ft. tasting room; a 320sq.ft. accessory retail store; a 1,480sq.ft. office; a 3,OOOsq.ft. storage building; and 11.3 acres of grape vines on 14.9 acres in the A-C Zoning District. The Committee reviewed the proposed project and recommends the following: - Change the proposed rectangular windows to fixed double-glaze square windows, centered on each wall section. - The use of the maximum sound insulation possible within the walls of the proposed structure. The proposed overflow parking area is to be dedicated to an overflow parking area only, not to be used as a future location for any tents. — The Committee recommends adding to the site plan; the specific quantity and location of all the seasonal port-a-potties and adding landscape screening around the designated area. With regards to additional landscape screening on the property, please refer to the attached planting plan prepared by the Architectural Review Committee on May 16, 2013. The Committee approves the application with the above recommendations. Motion made and seconded. All in favor. A motion was made and seconded to close the meeting at 5:30PM. All in favor. z4A re��" izabeth Cantrell, A.R.C. Secretary 6 AGRICULTURAL DATA STATEMENT TOWN OF SOUTHOLD When to use this form: This form must be completed by the applicant for any special use permit, site plan approval, use variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring this form must be referred to the Suffolk County Planning Commission in accordance with Sections 239-m and 239-n of the General Municipal Law. Applicant Name: Rose's Vineyard, LLC Address: P.O. Box 914, Cutchogue, NY 11935 Land Owner (if other than applicant):.(same as above) Land Owner Address: (same as above) Description of Proposed Project: 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 over-flow 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. Property Location (road and tax map#): 18910 CR 48, ±340' w/o CR 48 and Depot Lane, Cutchogue; SCTM#1000-96-4-4.3 Is this parcel actively farmed? Yes No Names & addresses of any landowners within the agricultural district containing active farm operations located 500 feet of the boundary of the proposed project: 1. SCTM#1000-102-1-3.3 & 3.4, 1000-101-2-18.6, 1000-101-2-21.3: Castello DiBorghese, LLC, P.O. Box 957, Cutchogue, NY 11935 2. SCTM#1000-95-4-11: Krupski Family Limited Partnership, c/o Suzanne M. Maurino, 95 Laurel Hill Road, Northport, NY 17768 Attach 9 tax map or other map showing the site of the property where the project is propos d relative to the location of farm operations identified above. r:A 113 Applican Sign Date SCOTT A. RUSSELL JAMES A. RIC ER, R.A. SUPERVISOR MICHAEL M. COLLINS, P.E. TOWN HALL - 53095 MAIN ROAD TOWN OF SOUTHOLD,NEW YORK 11971 TeL (631)-765-1560 = - Fax. (631)-765-9015 MICHAE LCOLLINSftiTOWNSOUTHOI.D NY.US �A - JAMIE_RICH7 E1?,a:r0WNS0UI 1101_D NY.US OFFICE OF THE ENGINEER TOWN OF SOUTHOLD Donald J. Wilcenski May 6, 2013 Chairman - Planning Board Town Hall, 53095 Main Road Southold, New York 11971 MAY - 6213 Re: Rose's Vineyard LLC—Vineyard 48 SCTM #: 1000—96—04—4.3 Dear Mr. Wilcenski: As per a request from your office, I have reviewed the Amended Site Plan, dated 3/28/13 for the construction of a new 4,000 Square Foot Pole Barn Pavilion and additional parking facilities for 100 cars. Please consider the following: 1. The farm roads used for access to the additional parking must be constructed to meet the minimum requirements of the Highway Specifications for Stone Blend Roads. All stone blend roads with two way vehicular traffic should have a minimum pavement width of twenty (20') feet. Provide Cross Section Details. 2. The parking lot travel lanes should also be constructed to meet the minimum requirements of the Highway Specifications for Stone Blend Roads. Provide Cross Section Details. 3. All grass parking stalls must be stabilized to accommodate the proposed parking. This item should be engineered and detailed on the site plan. 4. A Storm Water Management & Erosion Control Plan must be provided to meet the requirements of Chapter 236 of Town Code. This plan must include erosion & sediment controls for all land disturbance and it must provide for the containment of a 2" rainfall over all proposed roof structures, access driveways and parking areas. A standard runoff coefficient of 0.6 may be used for all new stone blend roads, access driveways and grass pavement areas. Any & all surfaces that may be proposed as pervious must provide permeability tests to meet the requirements of the New York State Storm Water Design Manual. Provide Cross Sections and/or Details for all drainage& storm water controls. 5. The proposed new parking lot is located in the South Westerly corner of the property. The proposed 20' wide buffer along the southerly property line is adjacent to the LIRR and considered satisfactory. The westerly property line is adjacent to residential property and should be reviewed by the Planning Board for consideration of a larger buffer. If you have any questions regarding this review, please contact my office. 'James ely, chter, R.A. COUNTY OF SUFFOLK STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE MAY 102013 DEPARTMENT OF PUBLIC WORKS I j VINCENT FALKOWSKI,P.E. GILBERT ANDERSON,RE. v PHILIP A.BERT) CHIEF DEPUTY COMMISSIONERCOMMISSIONER `DEPUTY COMMISSIONER May 6, 2013 Mr. Brian Cummings Town of Southold Planning Board Office P.O. Box 1179 Southold, NY 11971 Re: CR 48,Middle Rd. Vineyard 48 SCTM#1000-96-4-4.3 Dear Mr. Cummings: This Department has reviewed the above-referenced site plan and offers the following comments: A permit from this Department will be required pursuant to Section 136 of the Highway Law for the proposed access and any improvements this Department deems necessary along the County right-of-way. Before a permit is issued by this Department for these improvements, documentation pursuant to Section 239F of the New York State General Municipal Law must be forwarded to us from the Town Building Department for our review and comments. If you have any questions, kindly contact this office at 852-4100. Very truly yours, William Hillman, P.E. Chief Engi By: Daniel J. resch,Jr. Director O raffic Engineering WH:DD:KD:ln SUFFOLK COUNTY IS AN EQUAL OPPORTUNITY/AFFIRMATIVE ACTION EMPLOYER (631)852-4010 335 YAPHANK AVENUE ■ YAPHANK,N.Y.11980 ■ FAX(631)852-4150 COUNTY OF SUFFOLK C�i'b� L r rl STEVEN BELLONE SUFFOLK COUNTY EXECUTIVE DEPARTMENT OF HEALTH SERVICES JAMES L.TOMARKEN,MD, MPH, MBA, MSW Commissioner May 1, 2013 Brian Cummings Planning Board - - P.O. Box 1179 Southold, NY 11971 MAY 102013 RE: Vineyard 48 SCTM # 1000-96-4-4.3 Dear Mr. Cummings: The Suffolk County Department of Health Services (SCDHS; "Department") has received a letter from your office dated April 19, 2013 concerning the above-referenced project and has no objection to the Town Board of Southold assuming lead agency. Based on a review of the subject coordination, the Department offers the following comments. However, the Department wishes to reserve its right to provide more detailed information within the comment period(s) established for this action. These comments should not be construed as an implicit SCDHS approval or rejection of the project. All applications are reviewed thoroughly with respect to Suffolk County Sanitary Code concerns by appropriate departmental personnel when SCDHS applications are completed. 1. SANITARY CODE A. Article VI Application Status: Our agency has not received an application for the above referenced project as required by Article VI of the Suffolk County Sanitary Code. The project sponsor should submit an application to our agency's Office of Wastewater at the earliest possible date so that a complete technical assessment of this proposal can be undertaken. © DIVISION OF ENVIRONMENTAL QUALITY—Office of Ecology P11-1 alth 360 Yaphank Avenue, Suite 2B, Yaphank NY 11980(631)852-5750 Fax(631)852-5812 B. SCDHS Jurisdiction: The SCDHS maintains jurisdiction over the final location of sewage disposal and water supply systems. The applicant, therefore, should not undertake the construction of either system without Health Department approval. Design and flow specifications, subsurface soil conditions, and complete site plan details are essential to the review of this project. These considerations are reviewed completely at the time of SCDHS application. Thank you for the opportunity to review this application. If you have any questions, please feel free to contact the Office of Ecology at 852-5750. Sincerely, �* fix . Phil de Blasi Office of Ecology i Art, 6 C PATRICIA C. MOORE IL Attorney at Law 51020 Main Road Southold, New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 April 22, 2013 Southold Town Building Department APR 2 U013 Southold Town Hall Annex Main Road Southold, NY 11971 By Hand RE: Application for Tent Permit Vineyard 48, 18910 Middle Road (Route 48) Cutchogue 1000-96-4-4.3 Dear Mr. Verity: An application for two small tents at Vineyard 48 was made to you in accordance with the New York State fire code requirements. The review of this application is a simple ministerial act of the building department. It does not involve an exercise of discretion. Matter of Filmways Communications of Syracuse Inc v Alan Douglas Building Inspector 484 N.Y.S.2d 738, 106 A.D.2d 185 (1985). The permit either meets with Fire Code, Chapter 24 (fire retardant) or it does not. These tents meet the code. They are certified fire retardant and are inspected by the fire marshal for code compliance. My client is an ongoing business and the two tents are normal and customary seasonal temporary structures not regulated under zoning. Denial of this ministerial permit to an ongoing business, particularly to an agricultural business which is protected under NYS Agriculture and Markets law, is a violation of New York State Law. Ministerial permits, such as these, are to be issued immediately upon application. Very truly youDs, Patricia C. Moore PCM/bp Ends. cc: Town Attorney / Planning Board ✓ Vineyard 48 0 MAILING ADDRESS: PLANNING BOARD MEMBERS �QF soor P.O. Box 1179 DONALD J.WILCENSKI yQ Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS N Town Hall Annex PIERCE RAFFERTY G • OQ 54375 State Route 25 JAMES H.RICH III O (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR COU'M'� Southold, NY n 11 Telephone: 631 765-1938 Fax:631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael J. Verity, Chief Building Inspector From: Brian Cummings, Planner(( Date: April 19, 2013 ��� Re: Site Plan for Vineyard 48 Located at 250 Cox Lane, ±340' w/o CR 48 & Deport Lane, Cutchogue SCTM#1000-96-4-4.3 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. 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 over-flow 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. Thank you for your cooperation. Encls: Site Plan Application Site Plan • • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 DONALD J.WILCENSKI o��OF SOUr�ol Southold, NY 11971 Chair Q OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • Sr 54375 State Route 25 JAMES H.RICH III '.2` MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.) COU Southold,1 Southold, NY Telephone: 631765-1938 Fag: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Scott A. Russell, Supervisor Members of the Town Board Elizabeth A. Neville, Town Clerk cc: Town Attorney From: Brian Cummings, Planned Date: April 19, 2013 Re: Amended Site Plan for Vineyard 48 Located at 18910 County Road 48, Cutchogue SCTM#1000-96-4-4.3 The Planning Board refers this application to you for your information, comments, review, and a determination of jurisdiction, if applicable. 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 over-flow 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. Thank you for your cooperation. • • MAILING ADDRESS: PLANNING BOARD MEMBERS �pF sour P.O. Box 1179 DONALD J.WILCENSKI 0� yQl Southold, NY 11971 Chair 41 OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • 54375 State Route 25 JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR lyMU M,�c Southold, NY MUM, Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD Memorandum To: Elizabeth Thompson, Chairperson Architectural Review Committee From: Brian Cummings, Planne Date: April 19, 2013 Re: Request for Review and Comments: Vineyard 48 Located at 18910 CR 48, ±340' w/o CR 48 and Depot Lane, Cutchogue SCTM#1000-96-4-4.3 The Planning Board refers this site plan application to your committee for your review and comments. 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 over-flow parkin area with 100 parking spaces. Existing on site are 2 9 p g p g a ,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. Thank you. Encls.: Site Plan Building Specifications Site Plan Application PLANNING BOARD MEMBER • MAILING ADDRESS: DONALD J.WILCENSKI SOF SO(/TP.O. Box 1179� Q�O Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. E Town Hall Annex PIERCE RAFFERTY TY G Q 54375 State Route 25 JAMES H.RICH III 'Q • �O MARTIN H.SIDORl'• M'� (cor. Main Rd. &Yogs Ave.) COU n t, Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Code Enforcement Officer Robert Fisher, Fire Marshall From: Brian Cummings, Planner Date: April 19, 2013 Re: Amended Site Plan for Vineyard 48 Located at 18910 County Road 48, Cutchogue SCTM#1000-96-4-4.3 The Planning Board refers this application to you for your information, comments, review, and any violations on record, if applicable. This amended site plan is for the proposed construction of a 40'x 100' pole barn pavilion with two walls, a redesign of the existing parking areas, and the addition of an over-flow 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. Thank you for your cooperation. • • PLANNING BOARD MEMBERS MAILING ADDRESS: OF soar P.O. Box 1179 DONALD J.WILCENSKI �0�� yO� Southold,NY 11971 Chair OFFICE LOCATION: WILLIAM J. E TY Town Hall Annex PIERCE RAFFERTY an:N Q 54375 State Route 25 JAMES H.RICH III '.2 O MARTIN H.SIDOR COU '� � (cor. Main Sou holdYNY Youngs Ave.) Telephone:631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Mark Terry, LWRP Coordinator From: Brian Cummings, Plannep� Date: April 19, 2013 �J Re: Amended Site Plan for Vineyard 48 Located at 18910 County Road 48, Cutchogue SCTM#1000-96-4-4.3 The Planning Board refers this application to you for your information, comments, review, and certification, if applicable. The file is available at your convenience. This amended site plan is for the proposed construction of a 40'x 100' pole barn pavilion with two walls, a redesign of the existing parking areas, and the addition of an over-flow 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. Thank you for your cooperation. • • MAILING ADDRESS: PLANNING BOARD MEMBERS SOF SO(/r�, P.O. Box 1179 DONALD J.WILCENSKI Southold, NY 11971 Chair y OFFICE LOCATION: T WILLIAM J. EMERS Town Hall Annex PIERCE RAF N FERTY G • 0 54375 State Route 25 JAMES H.RICH III :% MARTIN H.SIDOR l (cor. Main Rd. &Youngs Ave.) y CO(fliN� Southold,NY Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: James Richter, Engineering Inspector From: Brian Cummings, Planner Date: April 19, 2013 Re: Amended Site Plan for Vineyard 48 Application Name: Rose's Vineyard LLC-Vineyard 48 Tax Map Number: 1000-96-4-4.3 Location: ±340' w/o CR 48 & Depot Lane, Cutchogue Type of Application: Sketch Subdivision Map Dated: Preliminary Subdivision Map Dated: Final Subdivision Map Dated: Road Profiles Dated: Grading and Drainage Plans Dated: Other Dated: *Site Plan Dated: 12/2/12, revised 3/28/13 Revised Site Plan Dated: Grading and Drainage Plans Dated: Other (AS BUILT) Dated: Project Description: 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 over-flow 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. Additional Comments: Comments are appreciated by May 18, 2013. Thank you for your cooperation. • • MAILING ADDRESS: PLANNING BOARD MEMBERS OF suer P.O. Box 1179 DONALD J.WILCENSIC �0�� y0� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J. E Town Hall Annex PIERCE RAFFERTY TY G • O 54375 State Route 25 JAMES H.RICH III MARTIN H.SIDOR (cor.Main Rd. &Youngs Ave.) COU Southold,( Southold,NY Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 18, 2013 Mr. Matthew Martin Cutchogue Fire District 260 New Suffolk Road Cutchogue, NY 11935 Re: Request for review on: Amended Site Plan for Vineyard 48 Located at 18910 County Road 48, Cutchogue SCTM#1000-96-4-4.3 Dear Mr. Martin: The enclosed site plan application is being referred to you for your comment on matters of interest to the fire department, including fire department equipment access, emergency services, and any other issue that may be of concern or relevance to this application. Please respond with your recommendations at your earliest convenience. This amended site plan is for the proposed construction of a 40'x 100' pole barn pavilion with two walls, a redesign of the existing parking areas, and the addition of an over-flow 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. Please contact me at (631)765-1938 if you have any questions. Thank you for your cooperation. Sincerely, Brian Cummings Planner Encls.: Site Plan Application Site Plan Building Specifications • MAILING ADDRESS: PLANNING BOARD MEMBERS O� of so OI P.O. Box 1179 DONALD J.WILCENSKI y Southold, NY 11971 Chair Q OFFICE LOCATION: WILLIAM J.CREMERS 4 Town Hall Annex PIERCE RAFFERTY e- • _O 54375 State Route 25 % JAMES H.RICH III (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDORIiYCOw � Southold, NY 111' Telephone: 631 765-1935 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Suffolk County Department of Health Services From: Brian Cummings, Planner Date: April 19, 2013 Re: Site Plan Application Review— • Request for Comments pursuant to Southold Town Code §280-131 • SEQR Lead Agency Request • Coordinated Review under SEQR The purpose of this request is to seek comments from your agency. Please provide the following, as applicable: 1. Comments or requirements the Planning Board should take into consideration while reviewing the proposed project;ct 2. Issues of concern you believe should be evaluated; 3. Your jurisdiction in the action described below; and 4. Your interest in assuming the responsibilities of lead agency under SEQR. The lead agency will determine the need for an Environmental Impact Statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. The following page contains information pertaining to the project under review. For further information, please feel free to contact this office. 0 0 Planning Board o rd Position: (x) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Project Name: Vineyard 48 Address: 18910 County Road 48, Cutchogue Tax Map#: 1000-96-4-4.3 Requested Action: 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 over-flow 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. SEQRA Classification: ( ) Type I ( ) Type II (X) Unlisted Contact Person: Brian Cummings (631) 765-1938 Enclosures: • Site Plan Application Form • Site Plan(s) • Environmental Assessment Form 2 • 0 MAILING ADDRESS: PLANNING BOARD MEMBERS �QF soar P.O. Box 1179 DONALD J.WILCENSKI 0� yQ Southold, NY 11971 Chair l� l� OFFICE LOCATION: WILLIAM J.CREMERS "" Town Hall Annex PIERCE RAFFERTY G • 54375 State Route 25 JAMES H.RICH III '�Q (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR ,COMMSouthold, NY 1111 Telephone: 631 765-1835 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD April 19, 2013 Suffolk County Department of Public Works 335 Yaphank Avenue Yaphank, NY 11980 Re: Comments on the Site Plan for Vineyard 48 Located: 18910 CR 48, ±340' w/o CR 48 and Depot Lane, Cutchogue SCTM#: 1000-96-4-4.3 Zoning District: A-C Dear Reviewer: The attached site plan is being referred to you for comments. This amended site plan is for the proposed construction of a 40'x 100' pole barn pavilion with two walls, a redesign of the existing parking areas, and the addition of an over-flow 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. If there are any questions, you can contact us at (631)765-1938 between the hours of 8:00 a.m. and 4:00 p.m. Respectfully yours, Brian Cummings Planner Enc. 1.Site Plan dated Site Plan Application Environmental Assessment Form PATRICIA C. MOORE, ATTORNEY AT LAW 51020 Main RoadlC`' Southold, NY 11971 LETTER (631) 765-4330 email: pcmoore@mooreattys.com ` , 1—_ Date 0 To Y v_[ \ ,0 .., \-6 ......... �/yLl.�_.l.. __.__._.. Subject DC Lla� �'��� 1. � �L_ — APR 222013 .SIG ED ..... ..... _.. .... _. ❑ Please reply ❑ No reply necessary • a Cummings, Brian A. From: Cummings, Brian A. Sent: Friday,April 19, 2013 11:19 AM To: pcmoore@mooreattys.com Cc: betsy@mooreattys.com Subject: Vineyard 48 Amended Site Plan Importance: High Hi Pat, Pursuant to the Planning Board letter dated March 29, 2013, eight(8)additional copies were required to be submitted to this Department, only six(6) were provided, even though your submission cover letter states that nine (9) were submitted. Can you please submit three (3)copies of the site plan dated February 8, 2013, last revised March 28, 2013,to our Department as soon as possible? Please know that I have sent out most of the six(6) plans as referrals to agencies outside of Town lines because they require more time to respond.As soon as you can provide the additional three (3)copies I will use them for inter- department review. There will be no interruption in timing for this application. Please give me a call if you have any questions. Thank you, Brian A. Cummings, Planner Southold Town Planning Department 53095 Route 25 P.O. Box 1179 Southold, NY 11971 Phone: (631)765-1938 E-mail: brian.cumminzs@town.southold.nv.us 1 • • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 DONALD J.WILCENSKI so Southold, NY 11971 Chair h0 0 OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • O 54375 State Route 25 JAMES H.RICH III % (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDORMU�� Southold, NY i Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Michael J. Verity, Chief Building Inspector From: Donald Wilcenski, Planning Board Chairma04( Date: April 19, 2013 Re: Vineyard 48 Tent Permit Request SCTM#1000-96-4-4.3 The Planning Board has reviewed the application for a permit for two tents to be located at this site from 4/19/13 to be removed on 4/22/13. As you know, this site is currently under site plan review by the Planning Board. The use of tents on this site is an issue of direct concern to the Board. This is due to the fact that the applicant has proposed tents as elements to be considered as part of the site's normal operation. Because tents are proposed as part of the normal operation at this site, permits for their use should be treated like any other permit application during site plan, and be disapproved during the site plan process. Please keep in mind that we are not suggesting that tents be treated as buildings, but that the request for tent permits, in this case, be considered similar to any other site improvement because of how the site plan application has been presented to the Planning Board. This does not mean the Planning Board condones the use of tents as permanent site elements. That issue is still under review by the Board. Our last point is that this site currently contains an indoor 2,000 s.f. tasting room that can provide shelter to its patrons from rain. • • P�, fit, ��r, boF souri Town Hall Annex Telephone(6-37 5-1802 54375 Main Road Fax(631)765- 502 P.O. Box 1179 Southold.NY 11971-0959 evutM,�c� BUILDING DEPARTMENT TOWN OF SOUTHOLD DATE: April 18, 2013 APR 1811013 TO: Heather Lanza, Planning Dept. t FROM: Mike Verity, Building Dept. RE: Tent Permit Vineyard 48 As directed by the Town Attorney, please review and provide comments. 1 I I Town Of Southold Town Hall Annex 54375 Main Road PO Box 1179 Southold, NY 11971-0959 April 16, 2013 To Whom It May Concern, As per your request, we are requesting to erect 2 tents on the premises of Joseph Paul Winery. The purpose of the tents will be to protect our patrons from inclement weather that is anticipated for this weekend. Thank you ristme . Metz Business Manager 18910 Route 48, Cutchogue, NY 11935 Phone:631-734-5200 F=631-734-6763 ww ..vineyard48.net o�azf SOOTyoI Town Hall Annex Telephone(631)765-1802 54375 Main Road Fax(631) 765-9502 P.O. Box 1179 G Southold,NY 11971-0959 • �O BUILDING DEPARTMENT TOWN OF SOUTHOLD APPLICATION FOR A TENT PERMIT FEE: $35.00 DATE: ' q APPLICATION# SCTM#1000- 9�O - ✓ PERMIT# SUPPLIER OF TENT: PROPOSED TENT USE: 01 DATE ERECTED: ��77 r' USED: RE/M�OIV/ED: o SIZE OF TENT(S):Oldx o<G p!Q XL1d COLOR: Z�hlkf FLAME RETARDANT CERTIFICATE: ( ) INCLUDED {XON TENT PROPOSED TENT SITE: j�� OWNER OF SITE: Am TELEPHONE NUMBER AT SITE: 6� '03/ MAILING ADDRESS OF CLIENT: 9/ /r9�5 s- O APPROVED O DISAPPROVED BUILDING INSPECTOR DATE PERMIT EXPIRES 30 DAYS FROM DATE OF ISSUE. TenfApp-07-01.doc PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold,New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 April 1, 2013 F171'1 it " rr, ';i I Southold Planning Board Southold Town Hall Annex APR ' 12013 Main Road Southold, NY 11971 By Hand RE: Amended Site Plan for Vineyard 48, 18910 Middle Road (Route 48) Cutchogue 1000-96-4-4.3 Dear Mr. Wilcenski and Board: In accordance with your request at the work session enclosed are the following: 1. (3) surveys of the 14.952 acres. 2. (9) prints of the revised Amended Site plan which includes (A) the distance from the overflow parking area to the main buildings (B)distance between the pole barn and the tasting room ( C) an existing farm road is the pedestrian access from the overflow parking area to the tasting room. We have also proposed a split rail fence which keeps the pedestrian flow away from the vehicles. 3. (3) prints of the elevations of the pole barn 4. Application form which includes the future pole barn,SEQRA long form and LWRP 5. Copy of the Operating Permit with "maximum occupancy of the buildings": (A)Tasting Room Occupancy 125 (attached) (B) Winery Building & Offices 126 (attached) ( C) 40 x 100 Pole Barn 267 Total: 518 occupancy 6. The additional parking is intended to be used this season, therefore, we would respectfully request that the amended site plan (as to parking) be expedited and approved immediately. The construction of the pole barn will be planned for next year (Spring of 2014). The parking for the existing buildings are phase I and the replacement of the seasonal tent with a Pole Barn will be phase II. As was requested by your office, the amended site plan includes all the improvements on the property. Thank you and please do not hesitate to call should you have any questions. Virytrotgy urs, ZI t 343 F �y �Fi� L-latricia C. Moore PCM/bp encls. C: Vineyard 48 `°g11fF0(,fc TOWN OF SOUTHOLD OPERATING PERMIT o This Operating Permit must be displayed at Premises Business Name: JOSEPH PAUL WINERY, INC Owner's Name: MATTHEW J METZ Business Address: PO Box 914, CUTCHOGUE Contact Person: DALE SUTER Telephone: 7345200 Date of issuance: OCTOBER 2012 Expiration Date: OCTOBER 2013 This Operating Permit is issued to the Applicant named above to conduct the activity(ies) and/or to use the class(es)of buildings indicated below at the Premises specked above: Known As: VINEYARD 48 Conducted As: TASTING Room Located At: 18910 ROUTE 48, CUTCHOGUE Maximum Occupancy: 125 The conditions, surroundings and arrangements for the activity(ies) and/or use(es) subject to this Operating Permit shall be in accordance with all applicable laws, ordinances, regulations and the conditions (if any) mentioned below. The Premises shall be subject to periodic inspection by the Town of Southold to ensure compliance with applicable all applicable laws, ordinances, regulations and conditions. The Operating Permit is subject to revocation for failure to comply with any applicable law,ordinance, regulation or condition. This Operating Permit shall expire on the earlier of the Expiration Date specked above or on the date of revocation pursuant to the preceding sentence. CONDITIONS(continue on attached sheets, if necessary): By: Name/Title Robert Fisher- Fire Marshall o`pS11fF0(,pco TOWN OF SOUTHOLD oOPERATING PERMIT y�p! # This Operating Permit must be displayed at Premises Business Name: JOSEPH PAUL WINERY, INC Owner's Name: MATTHEW J METZ Business Address: PO Box 914, CUTCHOGUE Contact Person: DALE SUTER Telephone: 734-5200 Date of issuance: OCTOBER 2012 Expiration Date: OCTOBER 2013 This Operating Permit is issued to the Applicant named above to conduct the activity(ies)and/or to use the class(es)of buildings indicated below at the Premises specified above: Known As: VINEYARD 48 Conducted As: WINERY BUILDING & OFFICES Located At: 18910 ROUTE 48, CUTCHOGUE Maximum Occupancy: 126 The conditions, surroundings and arrangements for the activity(ies) and/or use(es) subject to this Operating Permit shall be in accordance with all applicable laws, ordinances, regulations and the conditions (if any) mentioned below. The Premises shall be subject to periodic inspection by the Town of Southold to ensure compliance with applicable all applicable laws, ordinances, regulations and conditions. The Operating Permit is subject to revocation for failure to comply with any applicable law, ordinance, regulation or condition. This Operating Permit shall expire on the earlier of the Expiration Date specified above or on the date of revocation pursuant to the preceding sentence. CONDITIONS(continue on attached sheets, if necessary): By: Name/Title Robert Fisher- Fire Marshall MAII.nvG ADDRESS: PLANNING BOARD MEMBERS �V S0 P.O. Box 1179 DONALD J.WILCENSKI 0� �Q� Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III �� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR �ir'COU,M'� Southold, NY 111, Telephone: 631 765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD March 29, 2013 Patricia C. Moore, Esq. 51020 Main Road Southold, NY 11971 Re: Amended Site Plan for Vineyard 48 SCTM#1000-96-4-4.3 Dear Ms. Moore: I am writing as a follow-up to the Work Session held on March 25, 2013, where the Planning Board accepted the above-referenced site plan as complete for review with revisions to be made immediately. Before the Board can commence its full review, it is necessary to provide the following directly to this Department: 1. Provide eight (8) copies of the proposed site plan. 2. Provide three (3) copies of the survey. 3. Revise/up-date the Site Plan Application Form to accommodate for the addition of the pole barn pavilion and over-flow parking area. 4. Provide the lawful occupancy for all existing buildings on site. 5. Show on the site plan how pedestrians will make their way to the existing buildings from the proposed over-flow parking area. In the effort to provide patrons walking from the proposed over-flow parking area protection from on-site vehicular traffic, this walkway should be securely separate from all intended vehicular traffic lanes. 6. Provide the distance from the proposed over-flow parking area to the main buildings. 0 0 Vineyard 48 Page Two March 29, 2013 7. Provide the setback distances for the proposed pole barn pavilion from the existing buildings on site. Once the above information is received, the Planning Board, its Staff, Town departments and relevant agencies will provide additional comments following full review. If you have any questions regarding this site plan or its process, please do not hesitate to call this office. Very truly yours, Brian Cummings Planner Southold Town P&ing Board Work Session — March IS2013 — Page Two I Project name: Vineyard 48 SCTM#: 1000-96-474.3 Location: 18910 CR 48, Cutchogue — — --- Description: This amended site plan is for the proposed construction of a 40'x 100' pole barn pavilion with two walls, re-design of the existing parking areas, and the addition of an over-flow 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 gra e vines on 14.9 acres in the A-C Zoning District. Status: New Application ----------- .... Action: Review for completeness. i-Attachments: Staff Report Discussion: • Procedure for Tracking Progress of Applications WORK SESSION AGENDA SOUTHOLD TOWN PLANNING BOARD Monday, March 25, 2013 4:00 p.m. Southold Town Meeting Hall Applications: Project name ...... Sacred eart Church & Valenoti ( SC 1000 96-5 10 &_1.2 1 Location: +3400 & 42 Depot Lane, Cutcho - -, - --- -- - ---- ----------.-...-------..-.---- ----------i Description: 1This propose Lot Line Chang ill transfer 0.48 acres from I SCTM#1000-9 5-10 to S #1000-96-5-12.1. Lot 12.1 will increase from 35.03 acres 35 acres and Lot 10 will decrease from 1.74 acres' to 1.26 acres locat in the AC Zoning District. Status 4 E New Applicatio I -— ---- - ---- ---- -- ------------..--.-.-., - --� Action: _ � Review for c letene ; review draft comments to ZBA. _ Attachments Staff Re ; Draft Comm nts --.-...._ �....-- _ -.. . - - -. ... - - is #:.-... - Profect name 'es Estates/Tull S #: 1000 22-3-2 Location: at t westerly terminus of a priva ght-of-way which extends north from a leis Court in East io - h Y _9 ' Descrip ' n: This pr osal is for a stan d subdivi on of an 11.4-acre parcel into two lots, here Lot 1 als 3.7 acres, i luding 1.4 acres of open space, an of 2 als 7.7 acres, includin 5.1 acres of open space, in { the R-80 Zon' District Status: Condition re ' inaryApproval — -- IAction: Revie comment from the Town Engineering In ect evised legal do ments. G-ta - -- -- - .... -- - --- — Attachments j tall Report_. - Pro ect name: 8 Hands Farm SCTM# 11000-96-2- 0.1 Location: j 4735 Cox Lane Cutchogu Description: This site plan�is for the oposed onstruction of a 60' x 120' ( 00 s.f.) metal barn on a 25. acre Town o Southold Development Righ parcel! i and the conversi of an existing 4, 0 s.f. barn to a farm stand o the adjacent 1.8 cre reserved parcel tha includes a two-story dwellin in I the A C _ e _ Status: Pendin _ 9 - - --------_.-.- - Action: Review comments from referrals. Attachments: Staff Report • ���, � ��-i, IAC' PATRICIA C. MOORED Attorney at Law 51020 Main Road Southold, New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 February 22, 2013 Southold Planning Board and 2 ¶p Building Department D E C E Q U E D Southold Town Hall Annex Main Road FEB 2 2 2013 Southold, NY 11971 att: Pat, Heather and Brian Southold Town Planning Board By Hand RE: Amended Site Plan for Vineyard 48, 18910 Middle Road (Route 48) Cutchogue 1000-96-4-4.3 Dear Pat, Heather and Brian: In accordance with my meetings with Heather and Brian as well as my telephone conversation with Pat, I was advised that the Planning Board does not "site plan tents", you have directed me to remove the seasonal tents from the proposed amended site plan. In the Town of Southold all commercial and agricultural properties which place seasonal tents on their property obtain tent permits in accordance with the New York State Building Code from the Fire Marshall. Vineyard 48 complies with this requirement. My client will continue to abide by the New York State Building Code. We do not expect the Town to interfere with this process. Please advise your attorneys that tents are not reviewed by either the building department (other than the fire marshall)or the Planning Board and do not require site plan review. You requested that I include with the submission a description of the use. USE Vineyard 48 located on CR 48, Cutchogue, is a farm winery. The"Farm Winery"produces wine primarily from their own vines. The property contains a total of 34 acres: 14.95 acres on County Road 48 and 18.5 acres on Depot Lane. All the land, but the three acres with the winery structures Southold Town Planning Board February 22, 2013 Page 2 and the parking,is devoted to the vineyard. On June 27", 2006 the final site plan dated February 19, 1991 and last revised May 18,2006 was approved by the Planning Board and C.O's issued by the building department for the tasting room. HISTORY The property has been in wine production since Robert Bidwell purchased property in 1982. William R Simmons Jr. Survey dated 5/16/86 shows parking,existing buildings(including concrete block building) used as a Winery for Bidwell Vineyard. In 1990 the Zoning Board of Appeals granted a Special Exception for original structures (ZBA appeal#3882 2/15/90)which included the retail sales area. The 400 sq.ft. Retail sales area in the original building remains a retail area for the winery. In 1994 the Zoning Board of Appeals granted a Special Exception for a new tasting room pavillion( ZBA appeal #4203 5/4/94). In addition, on July 12, 1995 the Planning Board approved a 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 pavillion. After the tasting room pavillion was constructed and a certificate of occupancy was requested from the building department the Planning Board reviewed the"as built" site plan last revised May 18, 2006 which made some minor revisions to the landscaping and parking. In June 27, 2006 the Planning Board found the improvements to be in compliance with the approved site plan. With respect to the 320 square feet of retail space first approved in 1990,the space continues to be used for retail. Cigar sales,which is a New York State Agricultural product,remains accessory to the winery; being only 12% of the gross sales of the winery. The sale of cigars requires two separate licenses, one license from N.Y. State for tobacco sales and a separate license from Suffolk County for tobacco handlers. The separate space is maintained in order to control sales of tobacco to 19 year old consumers. Wine may not be sold to those under 21 years old,therefore,the sales can be carefully controlled away from the wine tasting area. The accessory sale of cigars has been in place since 2004, two years prior to final Planning Board approval on the "as built" site plan. The sign on the building has a permit and conforms to the sign ordinance. Southold Town Planning Board February 22, 2013 Page 3 SEASONAL USE From May till October, depending on the weather, agro-tourism is an important economic stimulus to the local economy. County Route 48 is a New York State Wine Trail. Vineyard 48, as well as all other wineries and large farm stands, provide outdoor seating and tents. The tents are regulated as "temporary structures", conform to the State Building Code, and are inspected by the Town Fire Marshall. Vineyard 48 uses the tents seasonally and have include on the site plan the location of the overflow parking to accommodate 62 spaces year round and 100 spaces seasonally(or as needed). In accordance with the planning department direction to the building department,the Town does not "site plan"tents. To clarify the seasonal use,only the"tent area"where the seasonal use of tents will be shown is on the site plan. POLE BARN/SEATING PAVILLION Planning for the future use of the "tent area", we are proposing on the site plan a 40' x 100' "pole barn" which is used for the seasonal seating. Portable picnic tables are placed under the unheated seasonal seating pavillion for the winery which will replace a 40'x 100'tent located in the "tent area". The structure has no water, merely electricity. The pole barn has been designed with walls on the west and north. The walls will provide greater noise abatement then the open tent. The Town should not be "site planning"the manner of operation of any use. However, the Planning Board should be aware of the efforts that have been made to address all complaints, even the most unreasonable and unjustified complaints. NEIGHBOR COMPLAINTS NOISE: 1. Vineyard 48 intends to invest in a 40'x 100'pole barn to replace the 40' x 100' seasonal tent which is used as seasonal seating for the winery. The barn is designed with north and west walls. The opening of the barn will be toward the fields and courtyard. The closest neighbor on the north is approximately 250 feet from the courtyard and tent area. County Road 48, a dual highway and grass median separates Vineyard 48 from their neighbors to the north. The majority of the activity at the winery is 175 feet from the north property line. The tent already 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 complaints. Southold Town Planning Board February 22, 2013 Page 4 2. Vineyard 48 owns and operates a decibel meter. The decibel meter is monitored by Vineyard 48 continuously during the hours of operation to assure conformance with the Town Code. Measurements are taken at the Vineyard 48 property lines, to date there have been no measurements which would violate the decibel limits set forth in the Town Code. TRAFFIC: I. Queuing is shown on the site plan. Buses and limousines are in contact with Vineyard 48 prior to their arrival. After delivering their passengers the drivers maintain contact with the staff to coordinate pick up. Overflow bus or limousine parking which can not be accommodated on site is directed to park at an industrial park off site. Limousine parking is provided mainly on site along designated spaces. Guests and management must be able to readily contact driver for questions and departure. Attached is a letter which is used with limousine companies to advise them of the manner of operation and Vineyard 48 rules. EXHIBIT A [ ] 2. Once vehicles are on County Route 48 they are required to follow New York State Vehicle and Traffic Law. 3. Overflow passenger vehicle parking is shown in an open area to the south. The traffic to the parking field is directed and supervised by qualified personnel. The flow of traffic is easily controlled by one way directions into the parking stalls. 4. Suburban Security, Inc. has provided professional security and traffic control services in the past. Attached is a letter with their detailed services. [EXHIBIT B] 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 will patrol the area and monitor pedestrians touring the vineyard. In order to prevent unlawful trespassing beyond the bounds of the vineyard,"private property"signs will be posted south of the Long Island Railroad tracks identifying the limits of the property. With 34 acres of farm land 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. You-Tube and other internet sites are hearsay allegations, and can not be addressed unless witnessed by staff. It is difficult to"site plan"for the alleged isolated actions of adults. Any tourist attraction,even a Winery,has to address the common course of conduct. We should not be asked to Southold Town Planning Board February 22, 2013 Page 5 site plan for the isolated behavior problem. The winery is open every day, however, the site plan is addressing, at most,the most popular weekends two months of the year. In the summer and fall the winery is closed by sunset on Saturday and 6:00 pm on Sunday. The staff and independent contractors are on the premises and paid whether it rains or the sun shines. MUSIC: Most wineries and some farm stands provide music entertainment for the guests. Vineyard 48 hires local DJ's who are familiar with the Town Ordinances. Attached are two local DJ's who provided music on the weekends and represented to the owner that the noise ordinance would be followed and that they do not use vulgar language.[EXHIBIT C] 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 within the courtyard area and picnic tables were placed under the larger tent (so there was no room to dance). As you can see from the outline of the issues, every effort has been made to address complaints. Vineyard 48 hires local independent contractors,local employees,and actively addresses any actual or perceived problems on a continuous basis. The latest effort to show good faith is to amend the site plan with the seasonal parking and to construct a permanent building with walls in order to control what the neighbors have alleged to be unreasonable noise. I hope this outline will show the unfair and unequal treatment of this farm winery and the extent to which Vineyard 48 has exceeded the standards of most wineries. Very urs, (, _-Patricia C. Moore PCM/bp Encls. cc: Vineyard 48 Exhibit A U 2 0 bme zE-a .log Oy�O C� J i • Vineyard 48 Winery 18910 Middle Rd Cutchogue, NY 11935 March 30, 2012 To Whom It May Concern: Vineyard 48 Winery would like the attending limousine companies to follow a guide line in order to keep things moving smoothly and accordance to the town code. 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. 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 6. Vineyard 48 uses it's discretion on guest admittance. Overly intoxicated guests will not be admitted 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. 8. No outside alcohol in any form will be allowed in the vineyard. If any of these rules are not followed future reservations may be denied. After reading plebe have and authorized person sign, state their position at company & date below. Thank You Name: 41s�Y'% ' Position ,fir / "WY 26,P'Y Date: f i /12, Sincerely, Dale Suter General Manager Vineyard 48 Winery Vineyard 48 Winery 18910 Middle Rd Cutchogue, NY 11935 March 30, 2012 To Wham It May Concern: Vineyard 48 Winery would like the attending limousine companies to follow a guide line in order to keep things moving smoothly and accordance to the town code. 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. 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 6. Vineyard 48 uses it's discretion on guest admittance. Overly intoxicated guests will not be admitted 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. 8. No outside alcohol in any form will be allowed in the vineyard. If any of these rules are not followed future reservations may be denied. After reading please have and authorized person sign, state their position at company & date below. Thank You Name: ,.. l- :J Position Date:_ Sincerely, Dale Suter General Manager Vineyard 48 Winery ! ! ! Vineyard 48 Winery 18910 Middle Rd ► Cutchogue, NY 11935 ► March 30, 2012 r ► To Whom It May Concern: ► Vineyard 48 Winery would like the attending limousine companies to follow a guide line in t order to keep things moving smoothly and accordance to the town code. i 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. 4. All Drivers mast follow the parking directions from our contracted parking company "Platinum Executive Security" 5. All drivers are responsible for litter removal of limo guests 6. Vineyard 48 uses it's discretion on guest admittance. Overly intoxicated guests will not be admitted 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. 8. No outside alcohol in any form will be allowed in the vineyard. If any of these rules are not followed future reservations may be denied. After reading please have and authorized person sign, state their position at company & date below. .Thank You Name:�7f7/C Position Date: -, Sincerely, Dale�Suter S General Manager Vineyard 48 Winery � • • PAGE. 1/ 1 1 , A 'Vineyard 48 Winery 18910 Middle Rd Cutchogue, NY 11935 March 30, 2012 , To Whom it May Concern: Vineyard 48 Winery would like the attending limousine companies to follow a guide line in order to keep things moving smoothly and accordance to the town code. I. There is absolutely no parking on Middle Rd (Route 48) . 2. No U-tunas 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. 4. All Drivers must follow the parking directions from our contracted parking cprnpy "Platinum Executive Security" ' 5. All drivers are responsible for litter removal of limo guests G. Vineyard 48 uses it's 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. 8. No outside alcohol in any form will be allowed in the vineyard. If any of these rules arc not followed future reservations may be denied. After reading please have and authorized person sign, state their position at company &date below, Thank You Name:. im 041'2jouc'^4 cry;ce A Vme Core,'la'(W—S Position ( t IQeI w CIs$ ,/�f� 1"DPr1� ll Date: 013o l aO I Sincerely, Dale Suter General Manager Vineyard 48 Winery Exhibit B U 2_ O �a"3 w' E zE�a am'e We 7 Feb 0513 10:43a JOSEPH PAuJ6INERY 1-7346763 p.2 Suburban Security Agency Inc. Uniformed Security Service - Licensed • Bonded 556 West Jericho Turnpike, Smithtown, NY 11787 Tel (631) 724-7 1 89 • Fax (631) 724-7309 February 01, 2013 Vineyard 48 18910 Route 48 P 0 Box 914 Cutchogue, NY 11935 To Whom It May Concern: Please be advised that Suburban Security Agency Inc. (NYS Lic N 11000070530)was contracted to provide Uniformed Security Personnel for traffic control on the property known as Vineyard 48, located in Cutchogue, NY during the 2012 fall season. Suburban Security Agency Inc. has agreed to provide Uniformed Security Personnel for traffic control on the property known as Vineyard 48, located in Cutchogue, NY for the upcoming 2013 summer and fall seasons. Very Truly Your Richard Seward President Improving the Indulstr3(s Reputation, one Job at a Time Exhibit C wo CmOV am�e Oyu® G� J J BLEND BROTHAS PRODUCTIONS DJ B-WARE B 1 WARE@AOL.COM 631 506 2125 To whom it may concern: Vineyard 48 has booked = to handle there Sundays entertainment for the 2012 season. As an eastend DJ I am aware of rules and regulations as well as the noise ordinance policies of the town of Southold. There will also be no vulgarity through music or microphone at any of my Sundays events... William Ware DJ B-WARE B I WARE(a,AOL.COM 631 506 2125 I 1 1 ' Dj Michael Anthony <t; nydimichaelanthonv(aagmail com I 631-505-2402 i To whom it may concern; I was contracted by Vineyard 48 to handle their entertainment for the 2012 season.As the resident D)on Saturday afternoon,I am aware of the sound ordinance and the rules and regulations provided by the town of Southold. In addition to the decibel cap there will not be any form of vulgarity via music or microphone on any of my events at Vineyard 48. Michael Anthony ndimichaelanthonv gmail com 631-505-2402 u tridimichNIanthonvOama6.com 637.6052462 tacebook.com/dlmlchaalanttwm +� • P�j k P=te PATRICIA C. MOORE Attorney at Law 51020 Main Road Southold, New York 11971-4616 Tel: (631) 765-4330 Fax: (631) 765-4643 February 11, 2013 Mr. Mike Verity, Building Inspector Eloauntn MEMO Building Department 112013 Southold Town Hall Annex Main Road hoWTown Southold, NY 11971 a Board By Hand RE: Vineyard 48, 18910 Middle Road (Route 48) Cutchogue 1000-96-4-4.3 Dear Mike: As requested by you,enclosed please find a copy of the proposed amended site plan pages SK-1 and SK-2 as well as proposed future Pole Barn SK-1 and SK-2 both last dated 2/8/13 together with application for Notice of Disapproval. Thank you and please do not hesitate to call should you have any questions. Very truly yours, Patricia C. Moore i PCM/bp encls. C: Planning Dept. PATRICIA C. MOORS, F T LAW DCOVD&O 51020 Mainin Road Road Southold, NY 11971 LETTER (631) 765-4330 / ��emmmfail:/ ✓!c-_p"��cm000re/@�m0000reattyss..coom Date To _ I� / " /K " �/gy 7 �ra�t'�—..._.. _.. Subject JAN 1 6 A3 V ❑ Please reply ❑ No reply necessary �y bus i R h � y r r Y !q. 'M3 p3 I¢C�n010A a5 .. ' Goo(o le eart r4 ` r` • � 4 J � rfa �j C a 1 Q rt OW AN STATUS REPORT SITE PLAN TYPE: AMENDED ILNEw WITHDRAWN INCOTVIPLETE PROJECT NAME: IVtR CIS ZGNEI:ACZONE2: ZONE3: LOCATION: HAMLET: SCTM# 1000- -I p��� - 4 -_q3. 0(2, OWNER NAME: \s' C TEL#(93 APPLICANT NAME: " TEL#L__) AGENT NAME: p pp« TEL#L-)_- PROJECT DESCRIPTION: EXISTING USE: PROPOSED USE: DATE BUILDING DEPARTMENT NOTICE:S/P REQUIRED Y OR N ZBA APPEAL REQUIRED Y OR N -/- PRE-SUBMISSION CONFERENCE(WITHIN 30 DAYS OF WRITTEN REQUEST) /-/- NOTES: INFORMAL REQUEST FOR REVISIONS: -/ APPLICATION RECEIVED DATE: / / APPLICATION PROCESS DATE: PAYMENT RECEIVED: AMOUNT RECEIVED:$ NEW SP:$500./ACRE&.10/SF, AMENDED SP:$250.+.10/SF, AGRIC SP:FLAT$500 FEE AMOUNT:($ .00 X =$ $.10 X SF=$ )=$ NEW APPLICATION WORK SESSION(WITHIN 10 DAYS OF RECEIPT),PB ACCEPTED Y OR N APPLICANT ADVISED OF NECESSARY REVISIONS 30 DAYS OF REVIEW) / /- BUILDING DEPARTMENT MEEETING 100-254B3(WITHIN 30 DAYS) NOTES: REVISED SUBMISSION RECEIVED: NOTES: REFERRED AGENCIES:(WITH MAPS=W/P) -/-/ STZBA—,STBD.STC/IB—IN_,STBT-- STE—,SCDHS—NYSDEC�USACORPS_,NYSDOTJ SCWA—,SCPD_,SCDPW_,LWRP_ RESPONSES NOTES LEAD AGENCY: TOSP&—OTHER: RSNUW.PARn_,PART 2�PART S_,SHORT RAF_,LONG RAP _ NOTES:- ACTION TES:ACTION TYPE:COORDINATED:- UNCOORDINATED:- (TYPE1:-TYPE2:-UNLISTED:- REF ED TO:MBA_,STBD_,STCrTB_,JH_STST_STE_,SCDHS—WSDEC—USACORPS—NYSDOT—SCWA_,SCPO_,SCDPW_ SEQRA DETERMINATION:NEG DEC Y OR N. 11.1 APPROVALS REQUIRED: C Ri4AR4 ATE NOTES APPROVAL DATE NOTES ARCHITECTURAL REVIEW COMMITTEE: LWRP COORDINATOR: BUILDING DEPARTMENT CERTIFICATION: FIRE COMMISSIONERS: / / / TOWN ENGINEER APPROVAL: DEROF TRANSPORTATION:DOT ,DPW_, TOS- -/-/- SUFFOLK COUNTY DEPARTMENT OF PLANNING: SUFFOLK COUNTY DEPT OF HEALTH:PERMIT M OPTIONAL APPROVALS: ZONING BOARD OF APPEALS:APPEAL#: -/_/- BOARD OF TRUSTEE'S: NYS DEC WETLANDSMDAUSPDES PLANNING BOARD DECISIONS: CONDITIONAL FINAL:-/-/-, DENIED: APPROVED: FINAL: NOTES ENDORSEMENT OF SITE PLAN: -/-/- FIELD INSPECTION FOR C/O: -/-/- DISTRIBUTE APPROVED SITE PLANS TO: BUILDING DEPT-/-/- TOWN ENG-/-/- GENERAL NOTES: 10/412006 i �� Souald Planning DepartmentStcl4Report Site Plan Application Work Session — Completeness Date March 25, 2013 Prepared By: Brian Cummings I. Application Information Project Title: Vineyard 48 Applicant: Rose's Vineyard LLC Date of Submission: January 16, 2013 Tax Map Number: 96.4-4.3 Project Location: 18910 CR 48 Hamlet: Cutchogue Zoning District: A-C 11. Description of Project Type of Site Plan: Agricultural Acreage of Project Site: 14.9 Building Size 40'x 100' proposed; multiple existing III: Completeness Review See attached checklist for Site Plan Requirements. IV: Analysis 1. Original site plan approval issued July 1995 with an approved "as built" plan dated August 14, 1996, last revised May 18, 2006. 2. Existing: a. 2,032 s.f. tasting room b. 320 s.f. accessory retail store c. 1,480 s.f. office d. 3,000 s.f. storage building e. 11.3 acres of grape vines 3. Proposed: a. 40'x 100' (4,OOOsf) two-sided pole barn pavilion i. Occupancy listed as 267; electric proposed, no heating or water b. Overflow parking area: 100 stalls @ 9'x 19' (4 rows of 25 stalls each) 4. Bulk schedule: A-C Zone a. Lot Coverage: 20% Max; .17% proposed (.1% existing) 1 5. Parking: a. Required Proposed Tasting Room 1/200sf= 10.16 or 11 11 2,032sf Access Retail 1/200sf= 1.6 or 2 2 320sf Office 1/100sf= 14.8 or 15 15 1,480sf Storage 1/1000sf = 3 3 3,OOOsf Pole Barn 1/200sf = 20 22 4,OOOsf TOTAL 1 51 62 + 100 V: Staff Recommendations 1. This application is incomplete. Require the Applicant to provide the following and resubmit directly to this Department: 2. Revise/update the Site Plan Application Form to accommodate for the addition of the pole barn pavilion. 3. Show the setback distance of the new pavilion or distance to the nearest building. 4. Submit an additional eight (8) copies of the site plan. 5. Submit an additional three (3) copies of the survey. 6. Require the Applicant to provide information for all existing exterior light fixtures on site. Pursuant to §172 of the Southold Town Code, please provide photographs along with the type and number of all lighting fixtures, including the manufacturer's cut-sheets showing the characteristics and model number(s) to ensure code compliance. 2 SAW Planning Department Checklist for Site Plan Application Completeness - Section 280-133 Project Name: Vineyard 48 Completed by: Brian Cummings Date: March 25, 2013 Received Comment A. Submission of a complete site plan application shall consist of: (1) A completed site plan application form. X Needs �5 s to be accommodate pole barn info (2) The site plan review fee, as specified in Subsection B below. Editor's Note: See now § 280-138, Fee schedule for 4 site plan applications. (3) A completed environmental assessment form. (4) Nine copies of the site plan. X Only 1 with pavilion (5) Four copies of a property survey, certified by a licensed land surveyor. X Only 1 provided B. Standards. Site plan design shall include the following items: (1) Technical data: (a) The lot, block and section number of the property, taken from the latest tax records. 4 (b) The name and address of the landowner on record: 4 [1] The names and addresses of adjoining landowners. [2] The name and address of the applicant, if not the same as the landowner. (c) The name and address of the person, firm or organization preparing the map, sealed with the 4 applicable New York State license seal and signature. (d) Date, graphic scale and North point, whether true or magnetic; if magnetic, show the date of reading. J (e) A survey prepared by a licensed surveyor or civil engineer. The site plan may reference a land surveyor's map or base reference map. All distances shall be in feet and hundredths of a foot. All angles shall be given ,I to the nearest 10 seconds or closer. The error of closure shall not exceed one in 10,000. (f) The locations, names and widths of all rights-of-way within 500 feet of property lines. If none exist within 500 feet of the subject property, indicate the distance to the �l nearest intersection with a public street. (g) A separate key map showing location and owners of all adjoining lands within 500 feet, as shown on the latest I tax records, at a scale of one inch equals 100 feet. (h) The location, width and purpose of all existing and proposed easements, setbacks, reservations and areas N/A dedicated to public use within or adjoining the property. 1 Checklist for Site Plan Application Completeness Sout olld Planning Department (i) A complete outline of other existing easements, deed restrictions or covenants applying to the property. N/A (j) Existing zoning, including zone lines and dimensions. X Not provided (k) Site plans drawn at the scale of one inch equals 20 feet. If all required information cannot be shown clearly on one plan, the information should be separated as 1 follows: [1] Alignment and schedule plan. [2] Grading and drainage. [3] Landscaping. [4] Other, e.g., site utilities. (2) Natural features: Received Comment (a) Existing contours with intervals of two feet or less, one(1)contour referred to mean sea level as per United States line shown. Parcel Geological Survey datum. is relatively flat. (b) Boundaries of any areas subject to flooding or stormwater overflows, tidal bays, saltwater marshes, beaches and all freshwater bodies, including wetlands N/A and intermittent streams, perimeter boundaries of shoreline bluffs, dunes and beaches. (c) The location of existing natural features, including but not limited to natural drainage swales, watercourses, wooded areas and wetlands, as defined by the New York State Department of Environmental Conservation and the Board of Trustees of Southold Town, marshes, N/A ponds, dunes, bluffs, beaches, kettleholes, escarpments, wildlife habitats, flood hazard areas, erosion-prone areas and trees of six inches in diameter at a point three feet above the trunk base. (d) The location of any existing cultural and historical features within 500 feet of the property boundaries. N/A (3) Existing building structures and utilities: (a) The locations, dimensions and outlines of all buildings, as defined in § 280-4 of this chapter, and all uses of the 1 site. (b) Paved areas, including parking areas, sidewalks and vehicular access between the site and public streets. (c) The locations, dimensions, grades and flow directions of The survey submitted any existing culverts, waterlines or sewage disposal (undated), includes the approx. location systems, as well as other underground and of underground utility aboveground utility poles and utility lines within and lines adjacent to the property. (d) The location and use of all buildings and structures, including curbcuts, within 200 feet of the boundary of the l subject property. 2 Checklist for Site Plan Application Completeness Sout olid Planning Department's (4) Proposed construction: Received Comment (a) The location of proposed buildings or structural No setbacks of improvements, indicating setbacks from all property lines and X pavilion provided horizontal distances from existing structures. (b) The location and design of all uses not requiring structures, such as off-street parking and loading areas and pedestrian circulation. (c) The location, direction, power level and time of use for any proposed outdoor lighting or public address systems. X Not provided (d) The location and plans for any outdoor signs must be in accordance with applicable sign regulations. N/A (e) The location and details of aprons, curbs, sidewalks, fencing (type and location), and grading, including existing and proposed topography with two-foot contours (on site and 200 N/A feet beyond the property line)and spot elevations for buildings and all structures, drainage calculations, details of drainage structures and watershed areas, where applicable. (f) Grading and drainage plans shall be based upon site stormwater retention, in conformance with Chapter 161, Highway Specifications. (g) The location and listing of landscaping, buffering and street tree plans, including type, material, size, quantity and N/A location. (h) The location of water and sewer mains, electrical service, cablevision and telephone installations, ground transformers, -Not provided fire wells and fire hydrants and/or any alternate means of X -Possible that water supply and sewage disposal and treatment. none are proposed (i) Building elevations for all facades and floor plans showing the proposed use of floor area. Notes: N/A =Not Applicable Site Plan Application elements waivers: § 280-133 C. Notwithstanding the foregoing, the Planning Board shall have the discretion to waive any or all of the requirements of this § 280-133 by resolution at a duly noticed public meeting, for those applications involving modifications to existing structures with no substantial change to the existing footprint, where the Planning Board determines that such modifications or any change in use will not require significant changes to existing major site design features, as well as applications involving uses strictly related to agriculture (but excepting retail winery operations), if it determines such requirements are not necessary to protect and maintain the public health, safety, or welfare and to further the objectives set forth in § 280-129. 3 Checklist for Site Plan Application Completeness SOUTHOLD PLANNING BOARD SITE PLAN APPLICATION FORM Site Plan Name and Location 3/0 C-)//3 Site Plan Name: koSeZZC- OwXyX Application Date: // / / /Z— Suffolk ZSuffolk County Tax Map 91000-j'�_- - Other SCTM #s Street Address: Hamlet: a�0Sticc_ Distance to nearest intersection: Type of Site Plan: New Amended Residential Zoning District 04 C � lvu°cf �lra��rc �vc / p�cr a4W /no% /aiv,-7 Owners/Anent Contact Information 0 Please list name, mailing address, and hone number or the people below: Property Owner r"7US� 5 /i2eer/a�cl 2- t-f Street p 0 CityyZc e_ State A,y Zip /M)�s 01 Home Telephone Other vII L Applicant___6L APR - 12013 Street sc,u L " 'P.__, City State Zip Home Telephone Other Applicant's Agent or Representative- Contact Person(s)* epresentative:ContactPerson(s)* L--, Street `J/OZo Z2&in 17 (C/ City �o d State Zip //9„ Office Telephone la 330 Other /Je' f 0 /f e'itjp0/1c - 5, Coit! *Unless otherwise requested, correspondence will be sent only to the contact person note here. .Site Plan Application Form 2118/2010 Site Data Proposed construction type: __X_New Modification of Existing Structure X Agricultural x /ooChange of use Property total acreage or square footage: ac./sq. ft. Site Plan build-out acreage or square footage: ti, C eac./sq. ft. - 74sf71'17 Ccrna o r�Pt oto' X /00 ' fp/c ba'W {o kROB. 'fO� x /GYM ' 7Qrrl• Is there an existing or proposed Sale of Development Rights on the property? Yes No If yes, explain: Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot Recognition? Y LN_ If"yes", explain (and attach any necessary documentation —title report, subdivision approval, etc.) Building Department Notice of Disapproval Date: 3 12113 Is an application to the Southold Town Zoning Board of Appeals required? Yes No If yes, have you submitted an application to the ZBA? Yes No x If yes, attach a copy of the application packet. Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate square footage of floor area per use. List all existing property uses: VI t arc/ t/z«s�o (JSCs . � Gffcca SFd� r 16 cLocf%71C �sftry7� {^P!.a� List all proposed property uses: iyo Other accessory uses: Existing lot coverage: % Proposed lot coverage:_ % Gross floor area of existing structure(s):A C&Y� sq. ft. Gross floor area of proposed structure(s): Po% P,,,.Zzrn Parking Space l Data: # of existing spaces: 3 #of proposed spates: _ Loading Berth: es_No 3� IVa (Aa4lgr - k47 Landscaping Details: Existing landscape Covera e: % Proposed landscape coverage: % N/A Wetlands: Is this property within 500' of a wetland area? Yes_Nox Maybe_ I, the undersigned, certify that all the above information is true. Signature ofPreparc(�%✓/� Date: 2 Site P1anApplieation Form 2/18,12010 SOUTHOLD PLANNING BOARD SITE PLAN APPLICATION FORM Site Plan Name and Location Site Plan Name: 4Me kdSck- Pan-- Application Date: / // / /✓ Suffolk County Tax Map#1000- �1( - L"y - Other SCTM #s Street Address: C-4 �Rf / 'iu hVice, Hamlet: bioa� o Distance to nearest intersection: U Type of Site Plan: New Amended_Residential Zoning District A t= Owners/Agent Contact Information Please list name, mailin� address, ands phone number or the people below: Property Owner /S/ 05,i 5 (/!il-e- layer L L Street /a &-Y 9 J 7 City C))-L� Cz 0�State N y Zip //`/" 35 Flo�Telephone 73 V-5 2-00 Other Applicant 5 a�yie Street 2143 City State Zip Home Telephone Other Applicant's Agent or Representative: Contact Person(s)* Street 5-10-20 / (/iJ /Cy�•�/ City 0D�G1 State ti• y Zip-Z�7/ Office Telephone ther *Unless otherwise requested, correspondence will be sent only to the contact person noted here. Site Plan Application Form 2/18/2010 Site Data 6 Proposed construction type: New \ Modification of Existing Struct4e Agricultural �^ �. Change of use Property total acreage or square footage: Iy. /S ac./sq. ft. Site Plan build-out acreage or square footage: Same- ac./sq. ft. Is there an existing or proposed Sale of Development Rights on the property? Yes No If yes, explain: Does the parcel(s) meet the Lot Recognition standard in Town Code §280-9 Lot Recognition? Y)( N If"yes", explain(and attach any necessary documentation-title report, subdivision approval, etc.) Building Department Notice of Disapproval Date: —/—/— A11A Is an application to the Southold Town Zoning Board of Appeals required? Yes No X If yes, have you submitted an application to the ZBA? Yes No If yes, attach a copy of the application packet. Show all uses proposed and existing. Indicate which building will have which use. If more then one use is proposed per building, indicate squab fete footage of floor area per use. List all existing property uses: Vln /aSr-4 `f VVr✓ler-d List all proposed property uses: 4gP.,Ve l Other accessory uses: C tda/ 5f2r-� a-5 1411zte &Z/Ps 1 Existing lot coverage: % Proposed lot coverage: % (No Crha-n9e Gross floor area of existing structure(s): sq. ft. Gross floor area of proposed structure(s): (ND tha4je) Parking Space Data: #of existing spaces: #of proposed spaces: Loading Berth: Yes No No Cha.r9G) Landscaping Details: Existing landscape coverag : % Proposed landscape coverage: % (Nat alpZu- Wetlands: Is this property within 500' of a wetland area? Yes No Maybe_ I, the undersigned, certify that all the above information is true. Signature ofPreparer/ Date: 2 Site Plan Application Form 2/18/2010 TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL DATE: March 8, 2013 TO: Patricia Moore for Joseph Paul Wineries, Inc. 51020 Main Road Southold, NY 11971 Please take notice that your application dated February 22, 2013 For perntit to construct a 4000 sq. ft. open accessory pavilion at Location of property: 18910 CR 48 Cutcho ug e. NY County Tax Map No. 1000- Section 96 Block 4 Lot 4.3 Is returned herewith and disapproved on the following grounds: Pursuant to the Town Code, Site Plan approval from the Southold Town Planning Board is required. Authorized Signature CC: file, Planning Bd. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. /I # Eb9tG9L 91 9l 'EI-BO-EO TOWN OF SOUTHOLD FORM NO. 3 NOTICE OF DISAPPROVAL � pp TE: March 8, 2013 TO: Patricia Moore for Il; �_�J rr n Joseph Paul Wineries, Inc. MAR 1 12013 (� 51020 Main Road gt' Southold, NY 11971 Soat4o'a Town Planning Board Please take notice that your application dated February 22, 2013 For permit to construct a 4000 sq. ft. open accessory pavilion at Location of property: 18910 CR 48, Cutchogue, NY County Tax Map No. 1000 - Section 96 Block 4 Lot 4.3 Is returned herewith and disapproved on the following grounds: Pursuant to the Town Code, Site Plan approval from the Southold Town Planning Board is required. Authorized Signature CC: file, Planning Bd. Note to Applicant: Any change or deviation to the above referenced application, may require further review by the Southold Town Building Department. pp FOR INTERNAL USE ONL.Y� i�� ( ( r, lf. SITE PLAN USE DETERMINATION Initial Determination Date: 2/ Z2/ 13 Date Sent: 3 / I I l3 Project Name: 8' Project Address: D MAR It Cu 1i Southold Fq�m Suffolk County Tax Map No.:1000 _- _'�3 Zo ' NdBrA Request: __J�.sy—� (Note: Copy of Building Permit Application and supporting documentati(rn as to proposed use or uses should be submitted.) Initial Determination as to whether use is permitted: yag Initial Determination as to whether site plan is required: Yes Signature of Building Inspector Planning Department (P.D.) Referral: P.D. Date Received: / / Date of Comment;-- C rn nts: 42, C 'U 2A1 mg t� l Signature of Pla ewer Final Determination MAR -a 2013 Date: / Hlnc oEPr Decision: oe�n�Cr sooIHW RinnnthirP of Riiildin IInsnertnr TOWN OF SOUTHOLD BUILDING PERMIT APPLICATION CHECKLIST BUILDING DEPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20_ Contact: Approved 120 Mail to: Disapproved a/ o 3 Phone: Expiration ,20 E GF Building Inspector D FAPPLICATION FOR BUILDING PERMIT FEB 27, 2013 Date , 20 BLDG, DEFT. INSTRUCTIONS a.Ty VO. SO '(HOLD ation e completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale. Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises,relationship to adjoining premises or public streets or areas,and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f. Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing,the extension of the permit for an addition six months. Thereafter,a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County,New York,and other applicable Laws, Ordinances or Regulations, for the construction of buildings,additions,or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws,ordinances, building code, housing code, and regulations, and to admit authorized inspectors on premises and in building for necessary inspections. tgn'atore of applicant or unie,if a corporation) (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder Q Name of owner of premises LFO5e fA'"I � rteiirs� (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land onwIt'cIt proposed work will be done: y,r�tird �B 16-71c) tir r1J� /Woad c `/F3, C`u Gr oG� House Number treet t. �- ,.; �,11an7let *-,Y nl' :l In`A11� County Tax Map No. 1000 Section 9/p Block L� " Lot 7 3 Subdivision 'Filed Map No. Lot (Name) 2. State existing use and occupancy o9premises and intended use and occupancy proposed construction: a. Existing use and occupancy WI' I' P I 1'10' ¢� �rlso�a/ Scc�fc�r Pav //io.� u�ccL ^�b. Intended use and occupancy I'W1 vun4 — Ove--flow A,�4" 3. Nature of work (check which applicable): New Building X Addition rureratton Repair Removal Demolition Other Work 4. Estimated Cost_ C° b (Description) Oyy Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units N�Number of dwelling units on each floor If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. rwq 7. Dimensions of existing structures, if any: Front Rear Depth J Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth NP X /oO AleHeight Number of Stories — 8. .f 6V Rear / 8. Dimensions o nttre new cAnstruction: ront � Ow Depth Height Number of Stories 9. Size of lot: Front / y q irs • Rear Depth 10. Date of Purchase Name of Former Owner 11. Zone or use district in which premises are situated 12. Does proposed construction violate any zoning law, ordinance or regulation? YES_NO-)L 13. Will lot be re-graded? YES_NO)( Will excess fill be removed from premises? YES_NO_ 14. Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100 feet of a tidal wetland or a freshwater wetland? *YES NO X * IF YES, SOUTHOLD TOWN TRUSTEES & D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO X * IF YES, D.E.C. PERMITS MAY BE REQUIRED. 16. Provide survey, to scale, with accurate foundation plan and distances to property lines:' G� "K 17. If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. /11A STATE OF NEW YORK) SS: COUNTY OOF,e. /'j� lyL+ CI�/Bo� e— being duly swom,deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the 20727:f (Contrac r,Agent, Corporate Officer, etc.) of saiu owner or owners,and is duly audiorizcd to per onn or have ac.forrrcd the said work and to make and file this application; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sw m to fore me 's day o J, 201'�> otar ublic BETSY A.PERKINS Signature of Applicant Notary Pubtlo,State of New York No.OIPE6130636 01wIT-74 it S'.1olk Cou�Y, Comm::,iur, cs, :,,:, uiy 18, _11 a FOR INTERNAL USE ONLY 0 Jt( " I ( C SITE PLAN USE DETERMINATION initial Determination Date: L I Z�-1 j-3 Date Sent:--i—/—/ I l3 Project Name: Project Address: O Southold Ty�vn Suffolk County Tax Map No.:1000-9[2— _-—4 ZO 6�srd Request: cGo p s (Note: Copy of Building Permit Application and supporting documentation as to proposed use or uses should be submitted.) Initial Determination as to whether use is permitted: yo,, Initial Determination as to whether site plan is required: yes Signature of Building Inspector Planning Department (P.D.) Referral: P.D. Date Received: 3 / /_ is_ Date of Comment: _/ Comm nts: 116 � •` 'U 201 6aXA. OIL)- t in Signature of PlannStaff Reviewer Final Determination Date:--j—/-- Decision: ate:_/ /Decision: Rinnahira of Ruildina Insnector TOW OUTHOLD 41 BUILDINGORMIT APPLICATION CHECKLIST BUI EPARTMENT Do you have or need the following,before applying? TOWN HALL Board of Health SOUTHOLD, NY 11971 4 sets of Building Plans TEL: (631) 765-1802 Planning Board approval FAX: (631) 765-9502 Survey www. northfork.net/Southold/ PERMIT NO. Check Septic Form N.Y.S.D.E.C. Trustees Examined ,20_ Contact: Approved ,20 Mail to: Disapproved a/ V Phone: Expiration ,20 n Building Inspector ✓ D APPLICATION FOR BUILDING PERMIT FEB 22, 2013 Date , 20 BLDG. DEPT. INSTRUCTIONS -- '�Or SO 'IFlOtp e completely filled in by typewriter or in ink and submitted to the Building Inspector with 3 sets of plans,accurate plot plan to scale.Fee according to schedule. b. Plot plan showing location of lot and of buildings on premises, relationship to adjoining premises or public streets or areas, and waterways. c. The work covered by this application may not be commenced before issuance of Building Permit. d. Upon approval of this application, the Building Inspector will issue a Building Permit to the applicant. Such a permit shall be kept on the premises available for inspection throughout the work. e.No building shall be occupied or used in whole or in part for any purpose what so ever until the Building Inspector issues a Certificate of Occupancy. f Every building permit shall expire if the work authorized has not commenced within 12 months after the date of issuance or has not been completed within 18 months from such date. If no zoning amendments or other regulations affecting the property have been enacted in the interim,the Building Inspector may authorize, in writing, the extension of the permit for an addition six months. Thereafter, a new permit shall be required. APPLICATION IS HEREBY MADE to the Building Department for the issuance of a Building Permit pursuant to the Building Zone Ordinance of the Town of Southold, Suffolk County, New York, and other applicable Laws, Ordinances or Regulations, for the construction of buildings, additions, or alterations or for removal or demolition as herein described. The applicant agrees to comply with all applicable laws, ordinances, building code, housing code, and regulations,and to admit authorized inspectors on premises and in building for necessary inspections. ZSTgfiature of applicant ntte,if a corporation) .5/oz;r, �4iits/r t mc� (Mailing address of applicant) State whether applicant is owner, lessee, agent, architect, engineer, general contractor, electrician, plumber or builder CZ�i�fiY✓"� Name of owner of premises �O Sc » ��cz% tri rs lj 2 (As on the tax roll or latest deed) If applicant is a corporation, signature of duly authorized officer (Name and title of corporate officer) Builders License No. Plumbers License No. Electricians License No. Other Trade's License No. 1. Location of land on wh'ch proposed work will be done: Vfveciayd /07/0 i{it �yrel�crc{ CF y� ©gue House Number 8treet Hamlet —� County Tax Map No. 1000 Section ---Block L� Lot Subdivision 'Filed Map No. Lot (Name) 2. State existing use and occupancy of premises and intended use and occupancy4proposed constructic a. Existing use and occupancy I �nQ C(CCt'h5 �P!/50/!<c/ Stu lz=n� ,�QUr/%iOti b. Intended use and occupancy(W/�n L y— eveRow ! 3. Nature of work(check which applicable):New Building X Addition ruteratton Repair Removal Demolition Other Work (Description) 4. Estimated Cost b d Oy Fee (To be paid on filing this application) 5. If dwelling, number of dwelling units ry�Number of dwelling units on each floor. If garage, number of cars 6. If business, commercial or mixed occupancy, specify nature and extent of each type of use. � awJ 7. Dimensions of existing structures, if any: Front Rear Depth Height Number of Stories Dimensions of same structure with alterations or additions: Front Rear Depth Height Number of Stories // 8. Dimensions o n�e new c nst/iucti Lt f Rear Depth Height // Number of Stories 9. Size of lot: Front 7� g Rear Depth 10.Date of Purchase Name of Former Owner 11.Zone or use district in which premises are situated 12.Does proposed construction violate any zoning law, ordinance or regulation? YES_NO-X- 13. Will lot be re-graded?YES_NO-4—Will excess fill be removed from premises? YES_NO 14.Names of Owner of premises Address Phone No. Name of Architect Address Phone No Name of Contractor Address Phone No. 15 a. Is this property within 100,feet of a tidal wetland or a freshwater wetland? *YES NO * IF YES, SOUTHOLD TOWN TRUSTEES &D.E.C. PERMITS MAY BE REQUIRED. b. Is this property within 300 feet of a tidal wetland? * YES NO X * IF YES,D.E.C.PERMITS MAY BE REQUIRED. 16.Provide survey,to scale, with accurate foundation plan and distances to property lines 17.If elevation at any point on property is at 10 feet or below, must provide topographical data on survey. k11,4 STATE OF NEW YORK) SS: COUNTY OF B�K�^e being duly sworn, deposes and says that(s)he is the applicant (Name of individual signing contract)above named, (S)He is the (Contrac r, Agent,Corporate Officer, etc.) of saidowircr or owners,acid is duly uutliuriZcd to per man or base ;;c.`fonr.cd the said::ork acid`. make and fisc this applicati--'n; that all statements contained in this application are true to the best of his knowledge and belief;and that the work will be performed in the manner set forth in the application filed therewith. Sw m to fore me .s 20 day o otar ublic Signature of Applicant BETSY A.PERKINS Notary Publlo,State of New York No.01PE6130636 QnPdifi'd it E tffcik Coin COniMI`-.O.Nt ..ufy td, SOUTHOLD PLANNING DEPARTMENT SITE PLAN APPLICATION REQUIREMENTS SUMMARY The following is a summary of the items typically required for a complete site plan application / (See the Site Plan Application Guide for further information & relevant Town Code sections): E9 Site Plan Application Form Fee. Check payable to Town of Southold (see Town Code §280-138 for fee schedule) ❑ Notice of Disapproval from Building Department S/ Applicant's Affidavit I'Agent Authorization Letter N! LWRP Consistency Assessment Form (five pages) V Full Environmental Assessment Form(EAF-Part One– pages 2-10 only) (Short Form EAF may be sufficient–this is determined at the pre-submission conference in Planning) ❑ Proof of Lot Recognition pursuant to Town Code§280-9 Lot Recognition ❑ Survey Prepared by Licensed Surveyor or Civil Engineer(Four copies) VExisting site conditions(can be part of Survey requiredbove), includi buildings, pavement, drainage structures, utilities and the following natural features: (l7N (-t CC'✓Y o Topography o Wetlands, water bodies o Woodlands o Dunes, beaches, etc. o Trees>/=6" dbh o Slopes 20% or greater o Flood hazard areas o Cultural& historic features within 500' of property boundaries ❑ Site Development Plan (Nine copies) 1tUfdn — o Proposed buildings, parking, curbs, sidewalks, driveways, signs, other improvements o Location, name&width rights-of-way within 500' of property lines o Location and use of all buildings and structures, including curb cuts, within 200' of the property boundary. o Show all easements and required setbacks on the plan o Describe all covenants or restrictions and/or easements on the property o Key map of location& owners of all properties within 500' \0 Grading and Drainage Plan with Calculations (if not included in site plan) ` ❑ Landscape Plan (if not included in site plan) % ❑ Lighting Plan(see"Guidelines for Good Exterior Lighting Plans") ❑ Floor plans ❑ Building Elevations & other Architectural Review Materials as necessary - see the Architectural Review Committee Checklist. Site Plan Application Requirements Summary 211812010 Matthew Metz Rose's Vineyard, LLC d/b/a Vineyard 48 January 11, 2013 Patricia C. Moore, Esq. 51020 Main Road Southold,NY 11971 Dear Ms. Moore: On behalf of Vineyard 48, (Rose's Vineyard LLC), I Matthew Metz, as managing member of the LLC, as owner of property known as 18910 CR 48, Cutchogue,New York (sctm: 1000-96-4-4.3)hereby authorize you to act as our agent regarding any and all applications with the Town of Southold Planning Board, Building Department and any other agencies. Very truly yours, Rose's Vineyard LLC Matthew Metz APPLICANT'S AFFIDAVIT STATE OF NEW YORK COUNTY OF SUFFOLK being duly sworn, deposes and says that he resides at p /`/�J7 I( lJ LfC�io �z in the State of New York, and that he is the owner of the above property, or that he is the MFrxbe ✓ of the /1C> , s << L'. (Title) (Specify whether PartnersKip or Corp.) which is hereby making application; that there are not existing structures or improvements on the land which are not shown on the Site Plan; that the title to the entire parcel, including all rights- of-way, has been clearly established and is shown on said Plan; that no part of the Plan infringes upon any duly filed plan which has not been abandoned both as to lots and as to roads; that he has examined all rules and regulations adopted by the Planning Board for the filing of Site Plans and will comply with same, that the plans submitted, as approved, will not be alter or changed in any manner without the approval of the Planning Board; and that the actual physical improvements will be installed in strict accordance with the plan as approved by the Planning Board. Signed Owner / Signed )/r (Partner or Corporate Officer and Title) Sworn to me this ! 1 day of J Z jjra,�2 - otary Publ' - , BETSY A.PERIQNS Notary Public,State of Now Yak No.01 PE6130636 Qualified in Suffolk Commission Expk®s July Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- supporting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Tow�nnocofs d's website (southoldtown.northfork.net),the Board of Trustees Office, f +r 'ti �l local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION II� P 1 Zp13 SCTMH PROJECT NAME The Application has been submitted to (check appropriate response): Town Board ❑ Planning Board X Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: ❑ Nature and extent of action: L ✓ G✓t �>'yr� �O X /DO Location of action: Site acreage: Present land use: i Present zoning classification: 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: (b) Mailing address: Q/�jjy� /V (c) iry � (c) Telephone number: Area Code( ) ��o �4� 1 jr;k `P 91PS �1,5.3 b (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ NoK If yes,which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III—Policies; Page 2 for evaluation criteria. ®Yes ❑ No ❑ Not Applicable II Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria ❑ Yes 11 No [A Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria ® Yes ❑ No ❑ Not Applicable fur ZZ,ee_ Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—Policies Pages 8 through 16 for evaluation criteria ❑ Yes ❑ No ® Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III —Policies Pages 16 through 21 for evaluation criteria ® Yes ❑ No ❑Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III— Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes [:] No N Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes [:] No[K Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No N Not Applicable I PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III —Policies; Pages 38 through 46 for evaluation criteria. ❑ Yes❑ No Not Applicable I Attach additional sheets if necessary WORKING COAST POLICIES 0 Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No M Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No K Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III— Policies; Pages 62 through 65 for evaluation criteria. ILJ Yes ❑ No ❑ Not Applicable .�v>orne�na �(4�u-c..ccyfie�.e� Attach additional sheets if necessary O Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No NJ Not Applicable PREPARED BV' 91� TITLE DATE Amended on 8/1/05 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area(which includes all of Southold Town 3. If any question in Section C on this form is answered "yes" or "no", then the proposed action will affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, each answer must be explained in detail, listing both supporting and non- suovorting facts. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office,the Planning Department, all local libraries and the Town Clerk's office. r, B. DESCRIPTION OF SITE AND PROPOSED ACTION SCTM#2- V - �1,9 PROJECT NAME 7B The Application has been submitted to(check appropriate response): Town Board ❑ Planning Board V] Building Dept. ❑ Board of Trustees ❑ 1. Category of Town of Southold agency action(check appropriate response): (a) Action undertaken directly by Town agency(e.g. capital ❑ construction, planning activity, agency regulation, land transaction) ❑ (b) Financial assistance(e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: ❑ Nature and extent of action: e 9 //�(JJ 0 Location of action: ( � ( GcO<,u-V- A/ If Site acreage: �� 9 Present land use: Present zoning classification: C 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: &4"-4 � ✓rg.e�o /QA� /tea (b) Mailing address: 0/ 3'-t02 0 %Lalli /Paan, fl3uf l� (c) Telephone number: Area Code 3 O (d) Application number, if any: Will the action be directly undertaken, require funding, or approval by a state or federal agency? Yes ❑ No�4 If yes, which state or federal agency? C. Evaluate the project to the following policies by analyzing how the project will further support or not support the policies. Provide all proposed Best Management Practices that will further each policy. Incomplete answers will require that the form be returned for completion. DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III-Policies; Page 2 for evaluation criteria. Yes ❑ No [] Not Applicable e e ° sang tri Attach additional sheets if necessary Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWPP Section III-PoliciesPages3 through 6 for evaluation criteria 1:1 Yes ElNo f4f Not Applicable Attach additional sheets if necessary Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III—Policies Pages 6 through 7 for evaluation criteria Yes ❑ No ❑ Not Applicable W Attach additional sheets if necessary NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III—PoliciesPages8 through 16 for evaluation criteria 1:1 Yes E] No No v `� Not Applicable Attach additional sheets if necessary Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section HI —Policies Pages 16 through 21 for evaluation criteria ❑ Yes ElNo �Not Applicable Attach additional sheets if necessary Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section HI— Policies; Pages 22 through 32 for evaluation criteria. ❑ Yes [:] No 0 Not Applicable Attach additional sheets if necessary Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section Ill — Policies Pages 32 through 34 for evaluation criteria. ❑ Yes [:] No� Not Applicable Attach additional sheets if necessary Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III—Policies; Pages 34 through 38 for evaluation criteria. ❑ Yes ❑ No X Not Applicable PUBLIC COAST POLICIES Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III— Policies; Pages 38 through 46 for evaluation criteria. 1:1Yes❑ No� Not Applicable Attach additional sheets if necessary WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. ❑ Yes ❑ No 0 Not Applicable Attach additional sheets if necessary Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. ❑ Yes ❑ No P Not Applicable Attach additional sheets if necessary Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III— Policies; Pages 62 through 65 for evaluation criteria. Yes ❑ No❑ Not Applicable Attach additional sheets if necessary Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III— Policies; Pages 65 through 68 for evaluation criteria. ❑ Yes ❑ No P Not Applicable PREPARED BY �L � L_ TITLE Amended on 8/1/05 61.20 • Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑ Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions w�l �w.t Lv /"�a�LD�G >� Name of Action C / Name of Lead Ag ncy it Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer �� Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer) Date ORT 1--PROJECT INFORMATIOA Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. �J�� lb7/ended )K Sf� f��i2 Location of ``Afction (include Street ress, municipality an ounty/1117 (� 7c;, B ( GC %r7cs�v occio�i� C/GUn of �JU �O ame pp scant `po/q'sor us ass a ep one Oat It, V 1 Yl LLC I 1 Address P- O( Till City/Potate Zip Code 1n� ((155— Name o wner ff aafalremi APR - 12013 J'�l 1 Business ieteprione Address sty .._..._ ..._ tate Lip Code ascrii/p�ttion o Action f 9 F j,l FeG--i 1Gc�.y 40 t?/k tS�'f�vLQ 5 gyri- [�)(Cx✓ GLN--OC- 7"z/7'i / �2CcSc��cccl J 4/01, X (00'J /�/c fP orr Please Complete Each Question--Indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑ Urban ❑ Industrial ❑ Commercial ❑ Residential(suburban) ❑ Rural(non-farm) ❑ Forest Agriculture ❑ Other_W(ti 2. Total acreage of project area: _all acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) A2 acres 1_2—acres Wetland(Freshwater or tidal as per Articles 24,25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres ,C acres Other (Indicate type) 12gN kZtA I 1, r acres , J acres 3. What is predominant soil type(s) on project site? a. Soil drainage: ❑ Well drained/07 % of site ❑ Moderately well drained % of site ❑ Poorly drained % of site j I b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? Alf acres (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? 0 Yes M No a. What is depth to bedrock? (in feet) 5. Approximate percentage of proposed project site with slopes: Et 0-10%1t% ❑ 10-15% % 0 15% or greater % 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? 0 Yes O"NO 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? 0 Yes '03"No 8. What is the depth of the water table? JD! (in feet) 9. Is site located over a primary, principal, or sole source aquifer? 0 Yes & 0 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? 0 Yes ler No 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? 0 Yes O No According to A6je(cyl TU/Lt Identify each species 12. Are there any unique or unusual land forms on the project site?(i.e., cliffs, dunes, other geological formations) 0 Yes Ul< Describe 13. Is the project site presently used by the community or neighborhood as an open space or recreation area? 0 Yes [!?<O If yes, explain 14. Does the present site include scenic views known to be important to the community? /,/(N�/ 7P74-1L71L Les 0 No W 15. Streams within or contiguous to project area: Nn,v 4 a. Name of Stream and name of River to which it is tributary 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name 40A� - b. Size (In acres) OA/ 17. Is the site served by existing public utilities? Yes & io a) If Yes, does sufficient capacity exist to allow connection? fl Yes 0 No b) If Yes, will improvements be necessary to allow connection? 0 Yes 0'NO 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, ` Section 303 and 304? Plies ❑ No 7/`-r -0-/ 19. Is the site located in or substantially contiguous to a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? 0 Yes a No 20. Has the site ever been used for the disposal of solid or hazardous wastes? 0 Yes M-f o B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) a. Total contiguous acreage owned or controlled by project sponsor © acres. � _/y ���. \ b. Project acreage to be developed: ._ `acres initially; rL. ✓ acres ultimately. (�QW�I"�T/' OW "" �`"" �'CL J c. Project acreage to remain undeveloped _acres. A6_ - Q� d. Length of project, in miles: 0114 (if appropriatel. e. If the project is an expansion, indicate percent of expansion proposed 0 %. f. Number of off-street parking spaces existing _J34; proposed h0 y. g. Maximum vehicular trips generated per hour NJA (upon completion of project). h. If residential, Number and ty4f housing units: N1A One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions (in feet) of largest proposed structure height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 2. How much natural material (i.e., rock, earth, etc.)will be removed from the site? ® tons/cubic yards. 3. Will disturbed areas be reclaimed? ❑ Yes ❑ No R/ N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ❑ Yes ❑ No c. Will upper subsoil be stockpiled for reclamation? O Yes ❑ No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? O acres. 5. Will any mature forest (over 100 years old) or other locally-important vegetation be removed by this project? ❑ Yes No 6. If single phase project: Anticipated period of construction 1�1 months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated (number). b. Anticipated date of commencement phase 1 month year,(including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑ Yes ❑ No 8. Will blasting occur during construction? ❑ Yes 19"No 9. Number of jobs generated: during construction? WA7 after project is complete?a[A . 10. Number of jobs eliminated by this project? 11. Will project require relocation of any projects or facilities? ❑ Yes W<o If yes, explain_ 12. Is surface liquid waste disposal involved? ❑ Yes or< a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ❑ Yes B"No Type / 14. Will surface area of an existing water body increase or decrease by proposal? El Yes 5540 Explain 15. Is project, or any portion of project, located in a 100 year flood plain? ❑ Yes DP<O 16. Will the project generate solid waste? ❑ Yes N a. If yes, what is the amount per month? tons. b. If yes, will an existing solid waste facility be used? ❑ Yes ❑ No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑ Yes ❑ No e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑ Yes No a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? years. 18. Will project use herbicides or pesticides? ❑ Yes f9'No 19. Will project routinely produce odors (more than one hour per day)? 0 Yes 20. Will project produce operating n• exceeding the local ambient noise levels? 0 Yes O 21. Will project result in an increase in energy use? ❑ Yes U No If yes, indicate type(s) / 22. If water supply is from wells, indicate pumping capacity M/LG gallons/minute. 23. Total anticipated water usage per day MM—gallons/day. 24. Does project involve Local, State or Federal funding? ❑ Yes ❑ No If yes, explain 25. Approvals Required: // Type Submittal Date City, Town, Village Board ❑ Y s Ur/NoCity, Town, Village Planning Board Vs El No Amera Sat Q�w✓1. (2-� City, Town Zoning Board ❑ Yes @"No City, County Health Department ❑ Yes ff No Other Local Agencies ❑ YesC3�NNo Other Regional Agencies E3 Yes W-No State Agencies ❑ Yes H/NNo Federal Agencies ❑ Yes vi o C. ZONING and PLANNING INFORMATION � 1. Does proposed action involve a planning or zoning decision? B'Yes ❑ No If Yes, indicate decision required: 1 ❑ zoning amendment ❑ zoning variance ElL9 si special use permit ❑ subdivision te plan/ oem6w- ❑ new/revision of master plan ❑ resource management plan ❑ other 2. What is the zoning classificationls) of the site? 461 3. What is the maximum potential development of the site if developed as permitted by the present zoning? 7 LaJrs Sl/YYl�� ?Z(/ U t-Y J�L�L2c[�✓ 4. What is the proposed zoning of the site? /t//l4 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? 5JLdru,s &J // 6. Is the,proposed action consistent with the recommended uses in adopted local land use plans? FYVes ❑ No 7. What are thepredominantland use(s) and zoning classifications within a 1/4 mile radius of proposed action? 8. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? es ❑ No 9. If the proposed action is the subdivision of land, how many lots are proposed? a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑ Yes 6'No 11. Will the proposed action create a demand for ap*community provided services (recreation, education, police, LW fire protection)? ❑ Yes Noor a. If yes, is existing capacity sufficient to handle projected demand? ❑ Yes ❑ No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑ Yes �No a. If yes, is the existing road network adequate to handle the additional traffic? 0 Yes 0 No D. Informational Details • Attach any additional information as may be needed to clarify your project. If there are, or may be, any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information above is true to thee best of my knowledge. Applicant/Sponso /k ,C&Z eot -P v` Date 3 —2 9 Signature Title If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment. i 0 617.20 Appendix A State Environmental Quality Review FULL ENVIRONMENTAL ASSESSMENT FORM Purpose: The full EAF is designed to help applicants and agencies determine, in an orderly manner, whether a project or action may be significant. The question of whether an action may be significant is not always easy to answer. Frequently, there are aspects of a project that are subjective or unmeasurable. It is also understood that those who determine significance may have little or no formal knowledge of the environment or may not be technically expert in environmental analysis. In addition, many who have knowledge in one particular area may not be aware of the broader concerns affecting the question of significance. The full EAF is intended to provide a method whereby applicants and agencies can be assured that the determination process has been orderly, comprehensive in nature, yet flexible enough to allow introduction of information to fit a project or action. Full EAF Components: The full EAF is comprised of three parts: Part 1: Provides objective data and information about a given project and its site. By identifying basic project data, it assists a reviewer in the analysis that takes place in Parts 2 and 3. Part 2: Focuses on identifying the range of possible impacts that may occur from a project or action. It provides guidance as to whether an impact is likely to be considered small to moderate or whether it is a potentially-large impact. The form also identifies whether an impact can be mitigated or reduced. Part 3: If any impact in Part 2 is identified as potentially-large, then Part 3 is used to evaluate whether or not the impact is actually important. DETERMINATION OF SIGNIFICANCE -- Type 1 and Unlisted Actions Identify the Portions of EAF completed for this project: ❑ Part 1 ❑ Part 2 ❑ Part 3 Upon review of the information recorded on this EAF (Parts 1 and 2 and 3 if appropriate), and any other supporting information, and considering both the magnitude and importance of each impact, it is reasonably determined by the lead agency that: ❑ A. The project will not result in any large and important impact(s) and, therefore, is one which will not have a significant impact on the environment, therefore a negative declaration will be prepared. ❑ B. Although the project could have a significant effect on the environment, there will not be a significant effect for this Unlisted Action because the mitigation measures described in PART 3 have been required, therefore a CONDITIONED negative declaration will be prepared.* ❑ C. The project may result in one or more large and important impacts that may have a significant impact on the environment, therefore a positive declaration will be prepared. *A Conditioned Negative Declaration is only valid for Unlisted Actions V in��l 5<8 Name of Action �f�Larr./n9 l��t yc� 'JI Name of Lead Agency Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from responsible officer) Date PART 1--PROJECT INFORMATION Prepared by Project Sponsor NOTICE: This document is designed to assist in determining whether the action proposed may have a significant effect on the environment. Please complete the entire form, Parts A through E. Answers to these questions will be considered as part of the application for approval and may be subject to further verification and public review. Provide any additional information you believe will be needed to complete Parts 2 and 3. It is expected that completion of the full EAF will be dependent on information currently available and will not involve new studies, research or investigation. If information requiring such additional work is unavailable, so indicate and specify each instance. (/;nay a+-d �'B USS s inPL CI ✓d LL� ocation o coon inc u e treet rens, umcipa ity an ounty .i ce 1/9 A/ Name of ApplicantiSpBrisor business I a ep one rr Address City/PO tate Lip Uode Name of Owner if different) business I eleprione 20 Se 's Address �� 0 f3rnC 1�� sty /,) tate� Ay Lip o e" _7 Description of Action 4-1d 1p1vv-k"' SffiyU (Minx 1 L Please Complete Each Question--indicate N.A. if not applicable A. SITE DESCRIPTION Physical setting of overall project, both developed and undeveloped areas. 1. Present land use: ❑ Urban ❑ Industrial ❑ Commercial ❑ Residential(suburban) ❑ Rural(non-farm) ❑ Forest L7 A,�g`/ric�ullt�ure ❑ Other 2. Total acreage of project area: �7. 7 acres. APPROXIMATE ACREAGE PRESENTLY AFTER COMPLETION Meadow or Brushland (Non-agricultural) acres acres Forested acres acres Agricultural (Includes orchards, cropland, pasture, etc.) acres acres Wetland(Freshwater or tidal as per Articles 24,25 of ECL) acres acres Water Surface Area acres acres Unvegetated (Rock, earth or fill) acres acres Roads, buildings and other paved surfaces acres acres Other (Indicate type) P"dQ . a2 acres acres 3. What is predominant soil type(s) on project site? a. Soil drainage: MU&Il drained % of site ❑ Moderately well drained % of site ❑ Poorly drained_% of site b. If any agricultural land is involved, how many acres of soil are classified within soil group 1 through 4 of the NYS Land Classification System? acres (See 1 NYCRR 370). 4. Are there bedrock outcroppings on project site? ❑ Yes 03 No a. What is depth to bedrock? lin feet) 5. Approximate percentage of proposed project site with slopes: ❑ 0-10% 10.0 % ❑ 10-15% % ❑ 15% or greater_% 6. Is project substantially contiguous to, or contain a building, site, or district, listed on the State or the National Registers of Historic Places? ❑ Yes 131st 7. Is project substantially contiguous to a site listed on the Register of National Natural Landmarks? ❑ Yes 91,To— 8. What is the depth of the water table?1/7 lin feet) 9. Is site located over a primary, principal, or sole source aquifer? ❑ Yes 12 No 10. Do hunting, fishing or shell fishing opportunities presently exist in the project area? ❑ Yes 1Br o 11. Does project site contain any species of plant or animal life that is identified as threatened or endangered? ❑ Yes V<O According to Identify each species 12. Are there anyun/ique or unusual land forms on the project site?(i.e., cliffs, dunes, other geological formations) ElYes (YNo Describe 13. Is the projectsittee,presently used by the community or neighborhood as an open space or recreation area? ElYes � ' If yes, explain 14. Does the present ite include scenic views known to be important to the community? ❑ Yes No f 15. Streams within or contiguous to project area: A1114 a. Name of Stream and name of River to which it is tributary IVIA 16. Lakes, ponds, wetland areas within or contiguous to project area: a. Name b. Size (In acres) 17. Is the site served by existing public utilities? ' Yes ❑ No a) If Yes, does sufficient capacity exist to allow connection? 9/Yes ❑ No b) If Yes, will improvements be necessary to allow connection? 91 Yes ❑ No 18. Is the site located in an agricultural district certified pursuant to Agriculture and Markets Law, Article 25-AA, Section 303 and 304? M'Yes ❑ No 19. Is the site located in or substantially contiguous tog�a Critical Environmental Area designated pursuant to Article 8 of the ECL, and 6 NYCRR 617? 0 Yes OINo 20. Has the site ever been used for the disposal of solid or hazardous wastes? ❑ Yes V B. Project Description 1. Physical dimensions and scale of project (fill in dimensions as appropriate) � p� a. Total contiguous acreage owned or controlled by project sponsor /7//na • cres. b. Project acreage to be developed: oZ acres initially; o;7 acres ultimately. c. Project acreage to remain undeveloped /D acres. d. Length of project, in miles: (if appropriate). LO e. If the project is an expansion, indicate percent of expansion propose ° 1/ f. Number of off-street parking spaces existing ,77 ; proposed��z�ason�/ g. Maximum vehicular trips generated per hour -VD (upon completion of project). In. If residential, Number and type of housing units: a/A One Family Two Family Multiple Family Condominium Initially Ultimately i. Dimensions lin feet) of largest proposed structure height; width; length. j. Linear feet of frontage along a public thoroughfare project will occupy is? ft. 2. How much natural material (i.e., rock, earth, etc.)will be removed from the site?--O--tons/cubic yards. 3. Will disturbed areas be reclaimed? ❑ Yes ❑ No )(N/A a. If yes, for what intended purpose is the site being reclaimed? b. Will topsoil be stockpiled for reclamation? ❑ Yes ❑ No c. Will upper subsoil be stockpiled for reclamation? ❑ Yes ❑ No 4. How many acres of vegetation (trees, shrubs, ground covers) will be removed from site? Q acres. 5. Will any maturef�orest (over 100 years old) or other locally-important vegetation be removed by this project? ❑ Yes ®'No 6. If single phase project: Anticipated period of construction J11A months, (including demolition). 7. If multi-phased: a. Total number of phases anticipated fnumber). b. Anticipated date of commencement phase 1 month year,(including demolition). c. Approximate completion date of final phase month year. d. Is phase 1 functionally dependent on subsequent phases? ❑ Yes ❑ No 8. Will blasting occur during construction? ❑ Yes 2"No 9. Number of jobs generated: during construction? ; after project is complete?--MD 10. Number of jobs eliminated by this project? tJOne.. 11. Will project require relocation of any projects or facilities? ❑ Yes VINo If yes, explain_ 12. Is surface liquid waste disposal involved? ❑ Yes MNo a. If yes, indicate type of waste (sewage, industrial, etc.) and amount b. Name of water body into which effluent will be discharged 13. Is subsurface liquid waste disposal involved? ❑ Yes ®'Flo Type 14. Will surface area of an existing water body increase or decrease by proposal? ❑ Yes f9'No Explain 15. Is project, or any portion of project, located in a 100 year flood plain? ❑ Yes 16. Will the project generate solid waste? eflyes 7) No a. If yes, what is the amount per month?—MP P tons. l ked5e"--) b. If yes, will an existing solid waste facility be used? ❑ Yes ❑ No c. If yes, give name ; location d. Will any wastes not go into a sewage disposal system or into a sanitary landfill? ❑ Yes ❑ No e. If Yes, explain 17. Will the project involve the disposal of solid waste? ❑ Yes VNo a. If yes, what is the anticipated rate of disposal? tons/month. b. If yes, what is the anticipated site life? .years. 18. Will project use herbicides or pesticides? ❑ Yes o 19. Will project routinely produce odors (more than one hour per day)? 0 Yes V'No 20. Will project produce operating noise exceeding the local ambient noise levels? ❑ Yes L9'No 21. Will project result in an increase in energy use? ❑ Yes ETNo If yes, indicate type(s) 22. If water supply is from wells, indicate pumping capacity gallons/minute. M6 L.l2afc�t 23. Total anticipated water usage per day gallons/day. 1 24. Does project involve Local, State or Federal funding? ❑ Yes J40 If yes, explain 25. Approvals Required: Type Submittal Date City, Town, Village Board ❑ Yes ❑ No ,f�" City, Town, Village Planning Board C7 Yeses ❑ No il/I'/e cep City, Town Zoning Board ❑ Yes ❑ No / City, County Health Department ❑ Yes ❑ No Other Local Agencies ❑ Yes ❑ No Other Regional Agencies ❑ Yes ❑ No State Agencies ❑ Yes ❑ No Federal Agencies ❑ Yes ❑ No C. ZONING and PLANNING INFORMATION 1. Does proposed action involve a planning or zoning decision? L94es O No If Yes, indicate decision required: � AA YY ❑ zoning amendment ❑ zoning variance ❑ special use permit ❑ subdivision CJ'site plan 4V ❑ new/revision of master plan ❑ resource management plan 71 other 2. What is the zoning classification(s) of the site? 3. What is the maximum potential development of the site if developed as permitted by the present zoning? &Q homer 4. What is the proposed zoning of the site? A✓/A 5. What is the maximum potential development of the site if developed as permitted by the proposed zoning? F h&7vt� � 6. Is the proposed action consistent with the recommended uses in adopted local land use plans? tl lies ❑ No 7. What are the predominant land use(s) and zoning classifications within a 1/4 mile radius of proposed action? S. Is the proposed action compatible with adjoining/surrounding land uses within a 1/4 mile? Yes ❑ No 9. If the proposed action is the subdivision of land, how many lots are proposed? A114 a. What is the minimum lot size proposed? 10. Will proposed action require any authorization(s) for the formation of sewer or water districts? ❑ Yes li? o 11. Will the proposed action create a demand for any community provided services (recreation, education, police, fire protection)? ❑ Yes O'No a. If yes, is existing capacity sufficient to handle projected demand? ❑ Yes ❑ No 12. Will the proposed action result in the generation of traffic significantly above present levels? ❑ Yes L9'No a. If yes, is the existing road network adequate to handle the additional traffic? 0 Yes 0 No D. Informational Details Attach any additional information as may be needed to clarify your project. If there are, or may be, any adverse impacts associated with your proposal, please discuss such impacts and the measures which you propose to mitigate or avoid them. E. Verification I certify that the information//p/�rpvided above is true to the best of my knowledge. Applicant/Sponsor-Name � /lL�i-e f [�, -/''// /j B7f-v`- Date Signature / Title If the action i�Coastal Area, and you are a state agency, complete the Coastal Assessment Form befor oceeding with this assessment. • • MAILING ADDRESS: PLANNING BOARD MEMBERS pF so P.O. Box 1179 DONALD J.WILCENSKI O�� yQ! Southold, NY 11971 Chair OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G Q 54375 State Route 25 JAMES H.RICH III %2LQ �� (cor. Main Rd. &Youngs Ave.) MARTIN H.SIDOR li�'�LSouthold,NY IY 1, Telephone: 631 765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: April 1, 2013 Re: Check received for application fee The Amended Site Plan application referenced below has been accepted by the Planning Board and the attached supplemental check may be deposited directly to the Planning Applications Revenue Account 82115.10. Thank you. Applicant/Project Name & Tax Map Amount Check Date/No. Type ## Vineyard 48 Supplemental Amended 96-4-4.3 3/28/13-$400 Site Plan application fee $400 JOSEPH PAUL WINERY,INC. 1238 DBA VINEYARD 48 18910 MIDDLE RD.•P.O.BOX 914 CUTCHOGUE,NY 11935 fk=Ne"""LNe"". PAY PH.(631)734-5200 DATE 50546-214 TO THE 1�/ / 2� / ORDERoFT/^',7 O/ DOLLARS 8 Q ;SUFFOLK COUNTY r 1 N1}IONNL L.NN FOR 01 n - X /ov 1120016238v 40214054641: 164 002647 6u• • MAILING ADDRESS: PLANNING BOARD MEMBERSP.O. Box 1179 DONALD J.WILCENSKI O��Of SO(/Tyo Southold, NY 11971 Chair �p OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex PIERCE RAFFERTY G • 54375 State Route 25 JAMES H.RICH III �'� (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR lyC�un l Southold, NY ul1 Telephone: 631765-1938 Fax: 631765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: March 27, 2013 Re: Deferred Revenue The site plan application referenced below has been accepted by the Planning Board and the funds may now be processed to the Planning Applications Revenue Account B2115.10. Applicant/Project Name 4 Tax Map Amount Check Date/No. Type ## Vineyard 48 Amended Site Plan 96-44.3 1/16/13-#1151 application fee $250 LR • MAILING ADDRESS: PLANNING BOARD MEMBERS OF Shu, P.O.Box 1179 DONALD J.WILCENSKIyQlw Southold,NY 11971 Chair ` �/ OFFICE LOCATION: WILLIAM J.CREMERS Town Hall Annex KENNETH L.EDWARDS co Q 54375 State Route 25 JAMES H.RICH III (cor.Main Rd. &Youngs Ave.) MARTIN H.SIDOR �iyCOU'M' Southold, NY 1111 Telephone: 631765-1938 Fax: 631 765-3136 PLANNING BOARD OFFICE TOWN OF SOUTHOLD MEMORANDUM To: Accounting From: Planning Department Date: January 17, 2013 Re: Payments Please deposit the attached check into B691: Deferred Revenue. Fee is for an amended site plan application not yet accepted by the Planning Board. Applicant/Project Name & Tax Map Amount Check Date/No. Type # 48 Vineyard amended site plan 96-4-4.3 1/16/13-#1151 application fee $250 LR Aft. ,. JOSEPH PAilL WINERY,INC. 1151 DBA vkEYAREUB - 18910 MDDLP RD..NP.O,BM 914 ETl Nr: CUTCHOGUE,NY 11935 PH.(631)734-520050-546'214 DATE / _ —/� 7 / PAY TO THE �a.�..-.. ... �._e.e..,..,.1 ORDER OF s � ' t SUR&K COMM its 1 NATIONAL AANl I� POR wye,l,. uL N[w wwR„w / n'00I5 &O 40 2 14OS4644 16 i 00.2647 6n' sx ¢ @_��'o, c - SDL-/Al ,5,a7-i a d Lf/Ee j HG - 4 C�R.4 IiE.G frs3a.e.. ? i ,t_ooK/wcn�U't✓/-A/-t-vesr � f -No TG` C" PROPOSED POLE BARN DATE: 2.8-13 4 r VINEYARD 48 CUTCHOGE - TOWN OF SOUTHOLD 0 NY SK2 CHORNO ASSOCIATES architects. SOUTHOLD,NEW YORK M 0o Y , , � NN O ui ` \ O TZ _-- O w = � Q O o / > Wco Z 03 CO Omz JPQo 0 F- oft p < W o % \ LLJ W (9 \' d > O U 0 H U 94i rT .N LP/0 1 O. ANDDLE ROAl7 ' - " CR 48 r S !GALE I- . i Or AMENDED iINTE TLAiW, FOR / VINEYARD 48 SCTM# 1000-964-4.3 14.952 acres _ O ITRUCTURE SIZE PARKING SPACES REQUIRED __ CODE Retail Tasting Room 2,032 sq. feet ReLt�l 1J200sf �I I / —- - - -:70 - 0 I - _8 �-- _- - -- - C ` 0 � 19c4z'S _ 7 -t2 1 �(C Accessory Retail (Cigar Store) 320 sq. feet Reim 1/200sf 2 - I -i- -- - - -- — -- 1 r - I - --- - . fGt Office 1,480 sq.feet Offlse 1/1005f 15 � - Q�475 O N p Storage 3,000 sq. feet Stange !/10009£ 3 AE Seasonal Tanta 40 X 100 Retail I1200af 22 1po !Overflow Parking ' 20 X 20 Retail 1/2009£ 2 � 20 X 40 Raisin 1/2009£ 4 � - - AO i � ' d<7•o `N 59 spaces required;actual 62 spaces ll � r6 -------h --- Seasonal Over flow of 100 cars �6w /r !tow I -25 can - / - _ __ V47Vt44. 'Row 2 -25 cars 075 , /iE66T,d�fQ't/ Row 3 -25 cars - -_ /� - -_---- - ---- Row cars / \ _ / MIDDLE ROAD C. R. 48 � Jean Zuhoski rge S. & Laurie J. Helenski r - ----- -'- RR2, 18250 Cty Rd 48 P Box 35 Joseph& Sharon Burke FU rUF(�/�G��� 10 Cutchogue NY 11935 C chogue NY 11935 {� %� p 220 John Street 1000-96-4-1.I 1000-96-4-4.2 r Oradell NJ 07649 F _SpZ y + _ �•� -7 _ i ^M q 1000-96-4-5 - Andrew A. Besch I --- - - osep - OWNER:Jh Pad uhallInc. 18940 Middle Rood, Glenda McCardell 2550 Reeve Road 1 I CttWtehtrgue,NY ]1935 �L Mattituck NY 1195 ]000-96.4-1.4 NOTE: Information in this drawing was taken from SITE PLAN dated Feb. 1991. August 14.1998 (Final), done'by PECON'I'C SURVEYORS. SITE PLAN details on DMfNACiE and lir OE RA Sz'rI .G- SAN'ITA'RY have n.ot been modified Joseph & Shelia Zuhoski ' f i PO Box 414 - Joseph& Sabrina Zuhosid Co TOW;Aa 24 _I s 1 Cutchogue NY 11935 PO Box 615 ' 1000-102-1-1.2 Cutchogue NY 11935 —_O_ n� 1000-96-4-6 Contour linesarereferenced to N.G.V.D. I / Chris Zuhoski 20 Elevations on plans are referenced to N.O,V.D - I PO Box 2601 East Hampton NY '- / Traffic Direction Cutchogue Power Co.,LLC r s147.5 .Existing Elevation / PO Box 1470 .. Water Flow - I ' ' i I w 1000-102-1.1,5 r� - :Met-Fob-t CAW- MattituckNY 11952 '-- - I 1000-96-4-8.1 Site Data(Approved): _ .Toted Acreage 14.95 acres ` Existing Lot Coverage .01% --� - Proposed Lot Coverage .pi 7 p/o(with Pole Bim) LONG —/ Landscaping 1"/uAsa /SLANG RA 14 Agriculture 11.287 acres ROADcome -1c�7Fr _ F1 B 2 2013 NOTES FROM PECONIC SURVEYORS, P.C. P. 0. Box 909, Southold NY DRAINAGE CRITERIA rmcot no Mink a � ---- Zoning District: Agriculture Conservation(AC) _ Agriculture Districit#1EXISTINGsiuG �EPi. •.`i roofs 7745 sq.ft. (7745 x 0.17 x 1) 1,317 cu.ft. cow �_ I �' mash nFsourvmno adu School District 9 Fire District 29 nrr i Asphalt&Concrete pavement 2985 sq.ft. ,r r Contour lines aro referenced to N.G.V.D. .'� ' (298'5 x 0.17 x 1) 507 cu.ft. Elevations on Plans an referenced to N.G.V.D. a TT m m = = Direction of water flow/drainage patternffiGravel Area 28,866 sq.ft. a 0 T _ s ,i=rT-�:�s_t3.-- Trac Direction (28,866 x.0.17 x 1) 2,944 cu.ft. v l IZ' -, Existing Elevations LEACFAr✓<i 1000-96 Total Existing 4,768 cu.ft. - _ REV. Groundwater Management Zone IV � , - SECTIONS Health Department Approwal in 1996 for Existing Buildings 4768/42.2= 113 v.f. SPE�D ©ATE• 11-2-12' 3.66 Acres x 300 gpd/acru= 1,100 gallons per day allowed 113/12=9.4 ,� . cyo.r, f� i r PLAN Industrial Storae/warehoutse: 4804 sq.ft, Existing x .04 g.p.d= 192 gpd Existing 10 leaching pools of 8'diameter x 12'deep w'= R�'u!, �' � VNEYAR,'© A8 , Tasting Room(Wet Store)no kitchen 2032 sq.ft.X .05 gaVsq.ft. 102 g.p.d. �.p i„a r u� o ,�^ : T � GSOUTH= i*I'" r1,t M�E,ti NE W/P'ROPOSED: roof of pole barn 4000 sq.ft. (4000 x 0.17 x 1) 680 cu.fL +-L— 1J 1 Vh t7 SK t Office 200 sq.R. 36 g.p.d. Total Gallons 330 g.p:d. 680/42.2= 16 v.fLEACHING9r':°,s t s4 •;o� Existing 1200 gal Septic Tank provided 330 g.p.d. x 2=660 g.p.d. (2 d4ys flow) SANITARY F Cw�i 'pl0 A> A1 Etg New Pole Bern(no bathroom/no kitchen) -bathrooms provided in Tasting Rocm Propose two leaching pools of 8' diameter x 8'deep POOL �aiurar• %JOT TO SCALE 1 SWWHOL®,NSW YORK