Loading...
The URL can be used to link to this page
Your browser does not support the video tag.
Home
My WebLink
About
Purita
REVISIONS: LOCATION MAP \:,; • \; ;;, Long � \\ ou ZONING . ._ � � ;.: ::> .•\ �d�ie gyp. R-40 \\ \ U m -4 0 R w^ ITE ? Long ELIZABETH '4 VF y co c r Lon ELIZABETH G. Creek GEORGES S C? , 5� �4S� a 3 0 R01 QUj��3g Q/ co ZON NGry/Sc10 rM � 4g68�1u� /6'NTS �4 '? ry 0 3p3!,)V qAC - /o'0 zo a $ Av KEVIN 'hATA KATHERINE ¢o w SHANNON SCTM # 1000-51-03-4.11 2.7 Acres Dev Rgt Intact z SITE "w U) ZONING SCTM # 1000-51-03-4.12 0.22 Acres Dev Rgt Intact 0 AC SCTM # 1000-51-03-4.13 3.6 Acres Dev Rgt Sold 0 >- SCTM # 1000-51-03-4.14 18.8 Acres Dev Rgt Sold SOUNDVIEW AVE LLC SCTM # 1000-51-03-5 0.736 Acres Dev Rgt Intact TOTAL SITE AREA AFTER MERGER: 26.056 AC PjAuj PROPERTY: 5415 Old North Rd. 0 � ANN & ADDRESS Southold NY, 11971 Q ANION w TURCIC OWNER: OLD NORTH BARNS LLC 08 Uj- Claudia Purita ° 19995 Soundview Ave. Southold, NY 11971 z FRANK Z 5 88 26' 50" E PATRICIA 175.00' O O & ZONING: AC � DENICOLA L SURVEYOR: Peconic Surveyors QFRANCO PURITA PO Box 909 1230 Traveler Street Southold, NY 11971 0 0 CHARDONNAY WOODS LICENSE #49618 0 HOME ASSOC (OPEN SPACE) Uj wlLDSERRr M GHARDONNAY DR. LANE 0 � I co II ------------------- CHARDONNAY WOODS I HOME ASSOC FRANCO PURITA (OPEN SPACE) LU I - O I m — I O 5 88 26' S0" E 175.0 I I I 06 Z° I�I N V r � o I I 0 } W —,° w Z 3 Q F W I—I Q Z LL �rd 14 M W° M v who I C Q n 0 ao O C W° If) = M a �° 0 to TRIBERRY FIELDS LLC N ° 1 ' ' (AGRICULTURAL RESERVE) ZONING AC OF Ri�1l,Y \ \ ZONING 1- I iia fop Lp o.. � rj 'fl �I SCTM # 100-51-03-4.13 (DEVELOPMENT I c� 01> 5 ,l LANDWARD LIMIT OF FRESH RI&HTp SOLD) WATER WETLANDS AS DELINEATED BY 5VTOLK ENVIRONMENTAL GONSULTIN6 INC, ON MARCH 6 2014 SETBA I �� R JE O: 0701 CK — 8 388 q DRAWN BY: UT �inl // wl—I © 14 CHECKED BY: NS LU O' I SCTM # 1000-51-03-4.11 � TASTING CHARDONNAY WOODS _ / 01 I ZONING fly ROOM DATE: (HOME OPEN ASSOC �� NEW ADDITION m, I q C s RK BUILDING JULY 16, 2015 /'1 Ns SCALE: Z I (DEVELOPMENT T ' 1" = 100'-0" N 86 03' 3_01, pN �oa, ' I RI&HT5 INTACT) N RELOCATED - - I N SHEET TITLE: DWELLING in ---t-� 0 No ' " N° 30° E N860_91 so" " , OVERALL PROPOSED WINE — Exlstll�v:: <'< I O W 17a.s6 SITE PLAN ,z. r f ALBINA D �, PRODUCTION BUIILDIN6 = 5TRt1GTt�RE <<'_ ` SAWICKI ILI WALTER ❑ - SAWICKI WALTER :,,:..f I O• v � WALTER N O V O CJ Z O 15 m SCTM # 1000-51-03- lam� x m SA JR sAwlcKl (DEVELOPMENT `�I� �� Z NTNG Southold Town - z - RI6HT5 INTACT) ' mj� I m \ Planning Board N 86 05, 30 W 185.0' 86 3 C 30 W 16 53 n ENTRY OLD NORTH ROAD QQ9 �� SHEET NO.: EXI5TIN6 15 FT UTILITY EA5EMENT �� PROPOSED 15 FT UTILITY EASEMENT N ZONING AC ,. _ „ SCALE. 1 — 100 -O BUILDING DEPT DISAPPROVAL I i BOARD MEMBERS �, �"� �- Southold Town Hall Leslie Kanes Weisman,Chairperson ,�r�� � �°, 4 53095 Main Road•P.O.Box 1179 Southold,NY 11971-0959 Eric Dantes Office Location: Gerard P.Goehringer ' eo Town Annex/First Floor,Capital One Bank George Homing 54375 54375 Main Road(at Youngs Avenue) r Kenneth Schneider wpb.���J Southold,NY 11971 r„s�ed http://southoldtown.northfork.net -U.. Ll Al,lm ZONING BOARD OF APPEALS �f,; V�� i TOWN OF SOUTHOLD Tel.(631)765-1809•Fax(631)765-9064 Ill,)"; .0 FFu r�wF c� MEMO Flkavinirug Board TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: November 17, 2015 SUBJECT: Request for Comments ZBA# 6903 (Interpretation) PURITA, Claudia d/b/a Old North Barn, LLC The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT J �AZBA# ING OE DATE SECTION � STAMPED OF SURVEY NTT SURVEY CPURITA,laudia d/b/a 3 5 0-51- R d� 20 5December Art III Sec 280- July 16 Samuels & 13A(4) 2015 Steelman Old North Architects Barn, LLC Your comments are requested 1 week prior to hearing date. Thank you. Encls. Fee: $ Filed By:. .... No. .......— ................. APPLICATION 'l?l'0 THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.5195 Street Old North Road Hamlet Southold Stora And 19110 Sound View Avenue, Southold, NY (farm parcel) SCTM 1000 Section 51 Block 3 Lot(s) 4.11,4.12, 4.13, 4.14 & 5 Lot Size 22.48 Zone I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATEDAug10, 2015/BASED ON SURVEY/SITE PLAN DATED July 16, 2015 amended October 13, 2015 Applicant(s)/Owner(s): Claudia K11-iftim-0-4 d,..—N o1,.tj[i, Road 1.ate...............,". Mailing Address:, 1,9995 So(liidvjeWAve.1 Sotithold, NY H 971 Telephone: 765-1200 Fax: Email: eastendwines@aol.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney,agent, architect, builder, contract vendee,etc. and name of person who agent represents: Name of Rcpresentative:_Abi ail A. Wicichakj i Z— or (X) Owner ()Other:....................... Address: PO Box 1424. 13015 Main Road Mattitucl(,NY 11952 Telephone: 631-298-8353 Fax: 631-298-8565 Email: awickham@w glamers.com Please check to specify who you wish correspondence to be mailed to,from the above names: Applicant/Owner(s), (X) Authorized Representative, () Other Name/Address below: ....................... WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED July 16 and DENIED AN APPLICATION DATED 1 162015—FOR: J��2015 J� (X) Building Permit Certificate of Occupancy Pre-Certificate of Occupancy Change of Use Permit for As-Built Construction Other:__.__ Provision of the Zoning Ordinance Appealed. (indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 280-13A Subscction: f4),,........................................ Type of Appeal. An Appeal is made for: (x ) A Variance to the Zoning Code or Zoning Map. () A Variance due to lack of access required by New York Town Law- Section 280-A. () Interpretation of the Town Code, Article III —Section 280-13A(4)---.. (x) Reversal or Other: that Old North Road is a "major" road. A prior appeal (x ) has, ) has not been made at any time with respect to this property, UNDER Appeal No(s). 3999 Ycar(s). mmm1991 ... ............ (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA Filcfl REASONS FOR REQUEST FOR REVERSAL: The applicant submits that the determination of the Building Inspector that the proposed winery at 5195 Old North Road is on d"major road" is incorrect and should be reversed for the reasons stated below. If Old North Road is not deemed a major road, then a variance is not necessary and the applicant may proceed directly to site plan review. Section 280-13A(4)(c) requires that a winery be set back 100 feet from a"major road". "Major road" is not defined in the Town Code. Therefore, a reasonable interpretation based on colloquial usage and other sources must prevail. Testimony will be presented at the hearing that "locals", which is also not defined in the Code but to which the meaning of having lived in Southold Town for the greater part of one's life is ascribed, have always understood the term "major road" as referring to Co Rt. 48 (formerly Middle Road) and NYS Route 25. These are the thoroughfares that get travelers from one part of town to the other and in and out of Southold Town. With the possible exception of Sound Avenue, the Town roads, including Old North Road, are local roads which handle local traffic and do not rise to the level of"major roads". They service the neighborhoods of the Town. They do not service the entire town as do Co Rt. 48 and NYS Rt. 25. The Town Clerk's website, on the Street Maintenance link, shows Rts. 48 and 25 as the primary roads. The town roads are all shown separately and less prominently. Wikipedia lists Southold's major roads as: Major roads • ew_York State Route 25 is the main west-east route in the Town of Southold, and as such is almost entirely named "Main Road." Two truck routes of NY 25 also exist. • County Route 48 (Suffolk County,New York) is a major west-east county road between Mattituck and north of Greenport. The NYSDOT once planned to upgrade the road into part of the Long Island Expressway. • Sound Avenue was a former segment of New York State Route 25A, which is unmarked, but still serves as an important thoroughfare from Wading River along the north shore into Mattituck. The Google Map site generates a map which shows only Rt. 25 and Rt. 48 highlighted when you search for Town Clerk, Zoning Board of Appeals, and other town offices. [https://www.google.com/search?q=southold+town+maj or+roads]. Once you start picking and choosing Town roads and side streets as `major roads", it becomes very difficult to decide which of them might be "major" as opposed to not major. The only obvious exception, Sound Avenue to the west of Ct. Rt. 48, is a continuation of a significant thoroughfare to get in and out of Southold Town as it connects directly to Co. Rt. 48 and 25A, and was formerly part of NYS Rte. 25A. The subject section of Old North Road is a very low traffic area with access only to residential/AC zoned property. Sound Avenue in Mattituck running from the westerly terminus of Route 48 to the Riverhead Town line, it the only Town Road which would also qualify as a"major road", and was at one time part of NYS Rte. 25A. How often have we all heard the expression that we are in much better shape than the South Fork because we have "two major roads" on the North Fork? While the definitional sections of the Town Code provide little assistance, the fact that a winery must be set back further than the applicable front yard setback under the Bulk Schedule on"major roads" should indicate that this was intended to recognize a special type of road, and not many roads which may or may not be considered "major", putting the Town in a very subjective area in interpreting that provision. Therefore, request is made that the Zoning Board of Appeals reverse the Building Inspector's notice of disapproval as it pertains to the application of the term "major road"to this application, and interpret the term as not applicable to Old North Road. In the event that the Board declines to do so, we reserve all rights to pursue this position, and offer the following request for a variance as alternative relief. 11 L i I J'Y LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C, 13015 MAIN ROAD, P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J.BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A. WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 awickham@wbglawyers.com July 14, 2015 Attn: Mike Verity, Sr. Building Inspector Town of Southold Building Department Southold Town Hall Annex P.O. Box 1179 Southold, New York 11971 Re: Property owned by Claudia Purita 5415 Old North Rd., Southold, N.Y SCTM# 1000-51-3-4.11, 4.12 & 4.14 (farm parcel) & Property owned by Old North Road Barn, LLC 5195 Old North Rd., Southold, N.Y. SCTM#: 1000-51-3-5 Dear Mike: We enclose a copy of the deed which will merge the Purita farm parcel, referenced above, with the adjoining 5195 Old North Road parcel owned by Old North Road Barn, LLC, SCTM#:1000-51-3-5, also referenced above. We will cause the original of the enclosed deed to be recorded when all other conditions for the as-built building permit applications for the barns at 5195 Old North Road, Southold, New York 11971 have been satisfied, so that you can issue the building permit. At that time, we will have the Assessor's Office advise you of the new tax map number for the merged parcel. Very truly yours, Y/,/4e� . AAW/dnt 1 Abigail A. Wickham^ end. 30/shbdverity20/5 cc: Claudia Purita Nancy S[eehnan Standard N.Y.B.T.U.Fooirrp tl3igV' .d3ar"y �q t d ,I�D Ibg� w6alr ;!uupsarn.�9F9 c lea glr .. t far..ru1Acknowledgment Form 3290 CONSULT YOUR LAWYER BEFORE SIGNING THII BETWEEN S INSTRUMENT-THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY THIS INDENTURE,made the �`�day of•tleeelaber�' 7 CLAUDIA PURITA, residing at 19995 Soundview Avenue, Southold, New York 11971, party of the first part, and OLD NORTH ROAD BARN, LLC, a New York limited liability company with offices at 5195 Old North Road, Southold, New York 11971, party of the second part, WITNESSETH,that the party of the first part, in consideration of Ten and 00/100--($10.)--Dollars,and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part,the heirs or successors and assigns of the party of the second part forever, ALL thdt certain plot„,piece or parcel of land, situate, lying and being at Southold, in the Town of Southold, County of Suffolk and State of New Yorlc,being known and designated as Lot No. 3 on a certain map entitled,”Chister Minor Subdivision&Lot Line Change for Frank Purita",which said map was filed in the Suffolk filed in the Suffolk County Clerl('s Office on 9/7/05 as Map No. 11299. THIS DEED is intended to merge the property described above into property currently owned by Old North Road Barn, LLC situate at 5195 Old North Road,Southold, New York 11971, also known as SCTM#1000- 51-3-5. SUBJECT TO Deed of Development Rights dated 12/21/05 made by Franco Purita a/k/a Frank Purita and Claudia Purita tO County Of Suffolk on a portion of the property described above,which deed was recorded In the Suffolk County Clerk's Office on 1/10/06 In Liber 12429 page 721, and Easements and Declarations of Covenants and Restrictions of record. SUBJECT to a 15'Utility Easement to Lots 1 &2 on said Map No. 11299. TOLL THER with all right,title and Interest, If any,of the party of the first part In and to any streets and roads abutting the above described premises to the center lines thereof;TOGETHER With the appurtenances and all time estate and rights of the party of the first part in and to said premises. TO l IAVE AND-f-'O HOLD the premises herein granted unto the party ofthe second part,the heirs or SUCCessorm and assigns of tile party of time second part forever. AND the party of the first part a overlalft tdmart thio party of Vto first part has not done or suffered anyttming whera,)y the said promises have been encumbered In any wary whatever, except as aforesaid AND tier party of the first part, in corripliarmce with,13action 13 Of tide t_ietm Law, novenants than time faa�mrty of the first part will receive the consideration for this conveyance and will hold the right to receive such consideration as a trust fund to be applied first for the pul'pose of payilmg ttme cost of the I�r pprcavermlermt and apply the sand first to the gmayment of time.OOSt of the improverTlent before el lrmg any inert of the total of time", ammo for any other purpose.'File Word"Party"shall be construed is if it read"'Parties"whenever the senscm of 01iS Irmrientl.lre so requires,. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written: IN PRESENCE OF: Purita m Claudiais Puta repurit a(/deedpuria Lot3l ollc GO HE OSED ONLY WHEN THE ACKNOWLEDGMENT IS MADE IN NEW YORK STATE State of New York,Casunly of Suffolk,as: [� State of New York,County of ss: On the day of.Near oaaatat nira the year 5813, On the day of in the year before me,the nnderskdrae d personatly appeared before me,the undersigned,personally appeared CLAUDIA PURI i`A personally known to one or proved to n'se an the basis of personally known to nIe or proved to me an the basis of satisfactory evMance, to be the inrdlvddual(n)miostr, raFamngs) is siatisfaclory evidence to be the Individual(s)whose narrae(S) iS (are)subsedbed to the wilhin Instrument and aokneawledged to (aro)subscrdbeal to li°ie wlti In Inslrunaent and acknowiedged to nae that helshe/they executed tine same in hts/her/Iheir me that he/she/they exee„IUKi the same, in hisFher/their capacity(Ies),,,aq!d' that by his/her/their signature(s) on the capacity(fes), and lhal by his/her/their signature(s) ora the instrument,If e Nr dCvdetuai(s),or the person upon behalf of which dnstrunrent, person upon behalf ofwfrdcta the Individual s) e ted,executed the Inslr rt ltae individual(s)acted,oxeculer.t the Instrument. T e rt (signalure all office of iradivlcta.amaC talepnc�ac nowle ci — ' .— ,f ) (signature�a�aetodgo of inedividapi�l taki¢rg acknuwfeadr�,mer,l) Notary Public `t c rraerat I' t)Oi;$INIA McGAHAN Notary No��0 N'MC+ 4 Strlt35tt45Jflow`f a7rtc am alliieei In 130101k County Cr n)(Trts ion L:,yptros Aug. 18,Z10 BARGAIN AND SALE DEED WITH COVENANT AGAINST GRANTOR'S ACTS Title No. CLAUDIA PURITA TO OLD NORTH ROAD BARN, LLC REVISI NS: 0� � OI INE OP L � NT I6 T5 t�`I, 51 1: YA SCTM # 100 -51 -0 - .1 Le)(OFO` LOPMENT I,I6HT5 OLIO I O , 30" A I N I I !� j SITE PLAN APPROVAL GRANTED (n EXISTIN6 A%PPPISHED MARCH 10, 2008 AND AN EXTENSION o IZ Z STRUCTURE GRANTED ON JULY 61 2015 FOR 10 CONSTRUCTION OF A NEW WINERY A �. SCTM # 1000-51 -03-4.11 to r I (DEVELOPMENT R16HTS INTACT) 9 I � I I ' i W I F=— �zz I 0 i1t ; APPROVEDH- p I WINERY X d I APPROVED > ru T- I PARKING 01 I —� Co- I AREA Z0 O I = I � I LJJ � � r i _ 0 � -' I Ic�v SCTM # 1000-51 -03-4.13 (DEVELOPMENT RIGHTS SOLD) N I SHE , j _ ----- -- — p cn w I 158.00' O N86 03' 30" Y`1 1-10.56-1O 6' EXISTIN6 PROPERTY O I N 86 03 30 W m LINE TO BE ABANDONED I 586 m 11 vn adz- ►� .Oq ���• ••'I. INI�Y�� I .� Iq2 � Y 3 O W :NiS�. .-I•. .Y�IA I O 0 3 Tl tJ. a 8 6 0 M N 'i I y r :j, i� o } j: w J I EXIST. W w z 3 Z I Lu — LL a I GARAGE x .:,f• W U W' w I N O �J•. :t. 77 r, i.i M V fi , r N RI /, / r // r / N x M / r / / r' / i� y / / rte. i I / r / r / r /i i, / I r V/ VJ I �, rn ti�• �,O I n I D �{ D I ON //�� ii ��1��//�i'D _ R�L7�',.�V i L 1 _ ;STD / EX r i; 1ST. is /, / /;�';; ��D 'Y1L���, GARAGE _ O r / I _ i' �- c i L I I- 11 %�I Com•;' TR / ^1 /. / I i , / Z / i /•i // -w S I I _ r r / / •�� 2 r i i i•- A' 'd E 'i rr / r /.S- ..i .i / / / / 6 /., n/ / / r r / i 3 1 r XS k "; ,,. E I T. G .K / � EXIST. r � /•, i / m Ri~ R r. �. SIDENGE RESIDENCE r r ; / / r /, •F'W`1 r• / r / :/. it r/•"/. / r„ 5// / ��, / i I 0701 i% ,ter d O r r. . I i• 'i �-.; DRAWN BY: r I may '-;/ /i/ /r,/, //i�r/,/ „r/,//"i ,/i i"•i/fir/// /i�r�/ —j� UT CHECKED BY: O I I NS s.: x. W t: I I DATE: EXISTIN6 GONORETE GO G TE rn I GRU5HI N6 PAD ON RU5HI N6 I I JULY 16, 2015 �- — — — € O� E —I Cn I rNn SCALE: 1" = 20'-0„ I SHEET TITLE: 111 :Y: :;.. •,. -I n L A APPi�OYED I 4� I O IGS I A I , YJ DR V'EWAY _ ENLARGED ED 5'I"1N• I7.R I I r I- 5 �t. — 5 P� 't Y� I IT1 SITE L , I 111 �s. I I PLAN M 1000 0� I 6 I. 3 SCTM # o w OPMENT R16HT5`Nti'�" N 86 3 (REVEL • m XISTIN6 PROPERTY QT m =. ,•.r••� I I � N _ .t.`•'• .r.'•f ' I��.O ' LINE TO BE ABANDONED Q SHEET NO.: yy 50 YA N 0 V Q 2�J 15 Southold Town N L A R(v J"'4 E D -�f E L A I SCALE: 1 "=20-'-O" BUILDING DEPT DISAPPROVAL IF I co �e , '. / // r / r i / / / I.f. l/ / // / Vii/ / i� / / i� '% /i i7y // l� / / i ' % / �i i/ / /j O O U BATH BATH / ' / p Lu AMID iLu �G ELPLOYEE GONPERENGE / i Q LOUNGE coNG HALLOFPIGE °O GL06 D W PAD i 5TORA&C / STORAGE 4 FT 4 FT 4 A-7) F-- 1- VIA O z o G VE � 'i FT � VIA� j ♦O DIA v♦ I FT A / I / VIA dJ FT VIA '7 FT. VIA VIA TANK BARREL BOTTLING GASE TANK 7 FT ' B?�RREL �30TTLiN6 NE ROOM ROOM BELOV4 STORAGE ROOMROOM CASE � � BELON VIA DIA 5T0RA6E 08 Z- IFT 5 FT VIA � DIA a O M Lu 00, FT 'F DW 0 - W � DIA DIA V28' a LO 0cc MINIMUM INTERIOR DIMEN51ON W• N = FT Q H DIA y y VIA F DIA / y y;3_1 sr tm IME FL00"' Roft NPEr" LA'a N �ROJECs NO: 1309 GRUSHIN67 PAD GRU5HIN6 PAD ADDITION U " MEZ�Av' mff I8"=1'-0" DRAWN BY: UT CHECKED BY: NS DATE:JULY 16, 2015 SCALE: 1/8 if = 1' - 0" SHEET TITLE: WINERY F I R' S T F L 0 0 'R" P L A" N— FLOOR SCALE:118"=V-0" PLAN NOV p 9 2015 SHEET NO: Southold Town Flannino Board BUILDING DEPT DISAPPROVAL o I s Z O 00 w Lill de- 08 08 w a 0000 o LL W c _ ❑ ❑ ❑❑ - 00 ED L Q O o z j WRES"im ELEIVATItjim w ° Sjo"6UTH-- 1 -0 SCALE:1l8"=1'-0" D /O V♦ W Z• cn Q• M o , z a W J• W z U. X � W DUJ. 0 wo Lo QLu. " M m Q F—• c0i co as as ❑ . , L J L J IEA' Eff"i' T ELEVATION I'MmORTH E SCALE:118"=V-0" SCALE:118"=V-0" S � 0� A.3-1 PRO-JEff' NO: 1309 DRAWN ✓✓BY: UT CHECKED BY: NS DATE: JULY 16, 2015 SCALE: 1/8 = 1 - 0il SHEET TITLE: . WINERY l BUILDING ELEVATIONS NOV 0 2015 SHEET NO:A S' T ELEVAO"Mow' SCALE:118"=V-0" Sou!nold—Tow n Planning Sward BUILDING DEPT DISAPPROVAL Office Location: .'P��� `r h aili-i7, side Town Annex/First Floor,Capital One Banku 53095 Main Road 54375 Main Road(at Youngs Avenue) P.O. Box 1179 Southold,NY 11971 �� �� Southold,NY 11971-0959 r Y http://southoldtown.northfork.net ". �—, "T PIC BOARD OF APPEALS � �.� p p TOWN OF SOUTHOLD ` —6� " Tel. (631) 765-1809 Fax(631) 765-9064 fo c MEMO TO: Plannin Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: November 9, 2015 SUBJECT: Request for Comments ZBA # 6902 PURITA, Claudia d/b/a Old North Barn, LLC The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT TAS # ZBA# HEARING CODE DE DATE OF PREPARER ZONE DATE SECTION STAMPED OF SURVEY DIST SURVEY 1000-51- 6902 December ..�_.._. ������ Samuels &�� PURITA, Art III Sec 280- July 16, Claudia d/b/a 3-5 3, 2015 13AM 2015 Steelman Old North Architects Barn, LLC Your comments are requested 1 week prior to hearing date. Thank you. Encls. LAW OFFICES WICKHAM, BRESSLER& GEASA, P.C. 13015 MAIN ROAD,P.O.BOX 1424 MATTITUCK,LONG ISLAND ERIC J. BRESSLER NEW YORK 11952 WILLIAM WICKHAM(06-02) ABIGAIL A. WICKHAM JANET GEASA 631-298-8353 TELEFAX NO.631-298-8565 awickham@wbglawyers.com November 6, 2015 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Property owned by Claudia Purita & Old North Road Barn, LLC Premises: 5195 Old North Road, Southold, New York 11971 SCTM# 1000-51-3-4.11, 4.12, 4.13, 4.14 & 5 Ladies and Gentlemen: The Building Inspector has issued a Notice of Disapproval stating that the proposed winery structures do not meet the minimum setback of 100 feet from a major road pursuant to Article III, Section 280-13A, 4. Accordingly, we enclose the following papers, in eight sets, in connection with the Notice of Disapproval originally dated August 10, 2015, amended October 13, 2015: 1. Copy of Notice of Disapproval Amended October 13, 2015; 2. Application to Southold Town Zoning Board of Appeals; 3. Short Environmental Assessment Form; 4. Questionnaire for Filing ZBA Application; 5. Transactional Disclosure Forms for owner and agent; 6. LWRP Consistency Assessment Form; 7. Agricultural Data Statement; 8. Authorization; 9. Applicant's Project Description with photos; 10. Site Plan and Building Diagram of Alterations; 11. Appeal fee of$800.00; 12. Copy of the tax map and Assessors Cards; 13. Proposed Merger Deed together with copy of letter to Michael Verity dated 7/14/15; 14. Copy of Certificate of Occupancy Non Conforming Premises for Tax Lot 5; 15. Receipt from Building Department (original set only). Please schedule this matter at your next available hearing, and kindly contact Mr. Purita at 516-658-7318 for an appointment to inspect the property. As this is an active farming operation, access by appointment only is required. VeI `rl,lly yours„ AAW/dm Abigail A. Wtleldian -, mm end 30/shdzbaapppurita201 S cc: Claudia Purita;Nancy Steelman FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: August 10, 2015 AMENDED: October 13,2015 TO: Samuels&Steelman(One Woman Winery) 25235 Main Road Cutchogue,NY 11971 Please take notice that your request dated July 16,2015 For permit for additions and Itcration._ta Baia the cony ��ulammcal �i xi �i gor,cgcx_l��alcllllg..tt building at Location of property: 5195 Old North Road,Southold,NY County Tax Map No. 1000—Section 51 Block 3 Lot 5 Is returned herewith and disapproved on the following grounds: Pursuant to Article III, Section 280-13A,4, (c)The winery structures shall be set back a minimum of 100 feet from a major road;and (d)The winery shall obtain site plan approval. 11c„pEppqqq Win_err tioil.—bili1c1in �c��.a?teL t l 59.8 tact ikotil thea oat u . . This Notice of Disapproval was amended on October 13, 2015 to c:o °cera the address. ~''• tl.ao ze "tiignature _ Cc: File,ZBA,planning ”' ...._.m,. Fee: $ Filed By: ...._ �ssi l71��e��t.No. APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE House No.5195 Street,Old North Road Hamlet Southold Stora g barn] And-f9 110 Sound View Avenue, Southold,NY (farm parcel) SCTM 1000 Section_51_Block 3 Lot(s)_4.11,4.12, 4.13, 4.14 & 5_Lot Size 22.48 Zone AC` I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Aug 10, 2015/BASED ON SURVEY/SITE PLAN DATED July 16, 2015 amended October 13, 2015 Applicants)/Owner(s): Claudia Purita• Old North Road Barn,LLC, Mailing Address: 19995 Soundview Ave., Sqpth ld;I NY 11971 Telephone:-765-1200 Fax:m_ _ Email:_eastendwines@aol.com_ NOTE: In addition to the above, please complete below if application is signed by applicant's attorney,agent, architect,builder,contract vendee,etc. and name of person who agent represents: Name of Representative: Abigail A. Wickham for (X) Owner ()Other: Address: PO Box 1424 13015 Main Road Mattito l< NYw 11952 Telephone: 631-298-8353 Fax: 631-298-8565 Email: awickham(@WbglMers.com Please check to specify who you wish correspondence to be mailed to,from the above names: () Applicant/Owner(s), (X) Authorized Representative, () Other Name/Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED July 16, 2015...-.— and DENIED AN APPLICATION DATED July 16, 2015 FOR: (X) Building Permit () Certificate of Occupancy () Pre-Certificate of Occupancy () Change of Use () Permit for As-Built Construction () Other: Provision of the Zoning Ordinance Appealed. (Indicate Article,Section,Subsection of Zoning Ordinance by numbers.Do not quote the code.) Article: III Section: 280-13A Subsection: (41 Type of Appeal. An Appeal is made for: (x ) A Variance to the Zoning Code or Zoning Map. () A Variance due to lack of access required by New York Town Law- Section 280-A. () Interpretation of the Town Code, Article III Section 280-13A(4) (x) Reversal or Other: that Old North Road is a "major" road. A prior appeal (x ) has, () has not been made at any time with respect to this property, UNDER Appeal No(s). 39„9„9 Year(s). _mm 1991 . (Please he sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# REASONS FOR APPEAL_ (Please be specific, additional sheets may be used with preparers signature notarized): 1. An undesirable change will not be produced in the CHARACTER of the neighbor or a detriment to nearby properties if granted, because: The applicant will merge this parcel with the adjoining farm parcel, Tax Lots 4.11, 4.12, 4.13 &4.14. The proposed building is existing, and has been used for commercial agricultural purposes since the 1940's. The winery operation is conducted entirely indoors except for limited seasonal crushing in the Fall. The winery sales are to be conducted in the red barn/tasting room on the same parcel, so travel between the winery and the tasting room will be within the bounds of the farm, and excessive traffic on the public road will not be created. The winery building is for production, not as a public tasting room, which will be located in the large red barn. The use is consistent with the agricultural vineyard operation on the premises. The distance of the building from Old North Road will remain as it has for decades. The exterior fagade of the building will not change substantially, and the addition is styled in the same manner as the existing exterior. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: It would be cost prohibitive to build a new winery building. The applicant seeks to utilize an existing building which, due to it's concrete construction, is ideally suited to the proposed purpose. The building is concrete and cannot be relocated. 3. The amount of relief requested is not substantial because: The applicant seeks to maintain the existing setback of the building. Further, the front yard setback meets the requirements of the Code for any other type of building. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The location of the building will not change, and the winery operation is conducted indoors. There is ample room on the parcel for parking and for winery purposes. 5. Has the alleged difficulty been self created? { } Yes, or {X } No Why: The building was constructed decades ago. Are there any Covenants or Restrictions concerning this land? {X } No { } Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the licallh, safety and welfare of the community. Z6, 4- rl�t , �. t C ..:.. ..."�1 � .1 c l�. ..... _ _w Signature of Applicant or Aulhorizr'Ci Agent (Agent must submit written Authorization from Owner) Claudia Purita Sworn to before me this day of November, 2015. l"�C7 1 --- y 1ILh61"l c ABIGAIL A.WICKHAM One Woman Wines/Claudia Purita Notary Public State of New York No. 52-4642871 Qualified in Suffolk County Commission Expires Sept. 30, 2009 /7 w . X10 APPEALS BOARD MEMBERS SCOTT'L.HARRIS Supervisor Gerard P.Goehringer,Chairman * Charles Grigonis,Jr. Town Hall,53095 Main Road Serge Doyen,Jr. ` rxzc ;l P.O.Box 1179 James Dinizio, Jr. Southold,New York 11971 BOARD OF APPEALS Fax(516)765-1823 Telephone(516)765-1809 TOWN OF SOUTHOLD Telephone(516)765-1800 ACTION OF THE BOARD OF APPEALS Upon application of FRANK SAWICKI. Variance to the Zoning Ordinance, Article III, Section 100-31 for permission to utilize existing barns for storage of general items (instead of agricultural. storage) . Subject premises is located in the Agricultural-Conservation Zone District and is situated along the north side of Old North Road, Southold, identified on the Suffolk County Tax Maps as District 1000-51-03-005. WHEREAS, a public hearing was held on January 11, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The area under consideration for this variance is approximately one-acre of land which is improved with agricultural storage barns abutting the subject 44+- acre farm and are shown on the Suffolk County Tax Maps as 1000-51-03-005 and 4. 3. 2. The subject premises is located in the Agricultural- Conservation (AC) Zone District and is improved with storage buildings with sizes and setbacks as shown on the sketched Map prepared for the applicants by Joseph Sawicki (Jr . ) . 3 . By this application, the appellant requests a Variancefor permission td utilize existing barns for inside storage of general miscellaneous items {other than the presently permitted agricultural storage uses. Page 2 - Appl. No. 3999 Matter of FRANK SAWICKI Decision Rendered February 1, 1991 4. For the record, it is noted that under previous Action of this Board under Appeal No. 3754, Matter of Andre and Thomas Cybulski, similar relief, with conditions and restrictions, was rendered on September 16, 1988. 5. In considering this approval, it is the understanding of the Board Members that the miscellaneous items to be stored would include many varieties, such as boats, trailers, books, equipment, household items, construction materials, etc. on a seasonal basis, and the items stored would be "inactive" or "dead" storage, requiring loading and unloading during seasonal periods. 6. The following information is also noted for the record: (a) the premises has continuously since prior to zoning been used for farming and commercial agricultural operations incidental to the farming business; (b) the agricultural operations have been ceased for more than two years, and the taxes for the land and buildings has increased substantially (particularly due to the removal of the agricultural tax exemptions) ; (c) there are no other uses permitted under the zoning code for these principal barn storage buildings as exist which would yield a reasonable return; (d) the previous farm use activities of commercial agricultural storage, and related activities, is not dissimilar to the storage use and related activities requested by this application. 7. In considering this application, the Board also finds and determines: (a) the land in question can't yield a reasonable return as exists and a denial of this variance could be recognized as a taking of property {Gordon v. Town of Huntington, 1962, 230 N.Y. S. 2d 619) ; (b) the subject property and buildings cannot be economically used for one-family residence or other use established in this Residential and Agricultural Zone District as exists; (c) the test for "significant economic injury" has been met to warrant a grant of this variance; Page 3 - Appl. No. 3999 Matter of FRANK SAWICKI Decision Rendered February 1, 1991 (d) the variance, as conditionally noted below, is the minimum necessary to afford relief; (e) the storage uses as authorized will not alter the essential character of the neighborhood; (f) the hardship is unique, is not due to the general conditions of the neighborhood, and is not personal in nature; to pursue; (g) there is no other feasible method for appellants (h) in light of all of the above, the interests of justice will be served by granting the variances requested and as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested for permission to utilize existing barns for storage as applied under Appeal No. 3999 in the Matter of FRANK SAWICKI, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The storage shall be only "dead" or "inactive" storage; 2. No storage of noxious or ignitible materials, and there be no vehicle or boat storage with fuel other flammable liquids; 3 . There shall not be any outside storage (tractor trailers included) ; 4. Hours of operation not to be before 8:00 a.m. or after 7: 30 p.m. 5. Any change in the future for property lines will require formal application to renew this variance. Vote of the Board: Ayes: Messrs. Goehringer, Grigonis, and Dinizio. (Member Doyen of Fishers Island was absent. ) This ,1, ..d. .-adop.-.ed. BY Ttea. ii .�'.t . C�.....'etii : :.. ;, GERARD P. GO H.RINGRR, 'HAIRMAN QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION A. Is the subject premises listed on the real estate market for sale? Yes V No B. Are there any proposals to change or alter land contours? V No Yes please explain on attached sheet. C. 1.)Are there areas that contain sand or wetland grasses? `/ 1001 Cq'1 1-3 2.)Are those areas shown on the survey submitted with this application?_uil�v_S 3.)Is the property bulk headed between the wetlands area and the upland bding area?—.._ IV/A- — ve�hw� zv wt!+1't.•v1c5 the Town trustees for its determination� and areas, have you contacted confirm status propertycontains wetlands or p �f f nation of jurisdiction? of your inquiry or application with the Trustees: and if issued,please attach copies of permit with conditions and approved survey. depressionIs there a sloping proposed construction at or D below five feet above mean ea level?ion near the area C -� E. Are there any patios, concrete barriers,bulkheads or fences that exist that are not shown on the survey that you are subinitting,? 1"/o Please show area of the structures on a diagram if any exist or state none on the above line. Fa Do you have any construction taking place at this time concerning your premises? If yes,please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre-certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking,please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes,please label the proximity of your lands on your survey. 1. p r operations , proposed p _ ►�r�� a �c� P � ane w� tions conducted at this parcel �xv° � w Pease list resent use o ' �►ttrl the� use 5c6vnL lit.° 1� � � war �U,l �a 4v ex:existing single family,proposed:same with garage,pool or r th Authorized signature -- at �F and Date APPLICANT'S PROJECT DESCRIPTION APPLICANT: CL�)Gtd/ ,�GL/e/�f� DATE PREPARED: 1. For Demolition of Existing Building Areas Please describe areas being removed: /VD/vim II.New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: I � � � Dimensions of new second floor: Dimensions of floor above second level:/ Height(from finished g ound to top of ridge): µµµww — —-------------------------- Is ww µµµµwww_Is basement or lowest floor area being constructed?If yes, please provide height(above ground)measured from natural existing grade to first floor: D :, III.Proposed Construction Description(Alterations or Structural Changes) (Attach extra sheet if necessary).Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: e' _. ..... .... .�._.�___ ..................... _.......... .. Number of Floors and Changes WITH Alterations: . A�2n Calculations o m m g areas and _o a°rcoverage(from surveyor). Existing ...v�e yo Existing square footage of buildings Your property: Proposed increase of buildingcoverage: Square footage of your lot; (i 9q of coverage of YC oaybngarea � ... .... .... ........ �___,.m.m.n / � .. V.Purpose of New Construction: -C I-A, < Ac) r -J,.) A,tit 1'e(// VI.Please describe the land contours(flat,slope %,heavily wooded,marsh area,etc.) on your land and how it relates to the difficulty in meeting the code requirement(s): le` ° Please submit 8 sets of photos,labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS 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, area 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 an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1. Name of Applicant C L_J)UD I A i rt i t! d o e D NUr 'l { lZo1 � i — tiJ Ll " . d .?. `. aN1jj 2. Address of AlrtrNrr art r _ t 3. Name of Land Owner(if other than Alplicarrt). ......................—_____— ..._w_w _- 4. Address of Land Owner.- . 5. Description of_Proposed ProJcrt � r��axmap-""'' . 6 Locat off roperty: (rcad and � 7. Isrtheparcel within� � .. ............. p500 feet of a farm�peration? {WYes j No 8. Is this parcel actively farmed? {t,)-Yes ( ) No 9. Name and addresses of any owner(s)of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff,it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937)or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS yy 2 y . - ,�'�0 o tai /�.�C� ......�. y,.--- 3. 4. 5. 6. (Please use the back of this page if there are additional property owners) r r� ....... .___. ... / I Signature of Applicant Date Note: 1.The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2.Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3.Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review. APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Codt_!Lf�Kthics woldbits conflicts ofinterest(in the part of town officers find ern to cus.'1"lse�affrw�s� of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME: Y'/ 6M, g in the name of someone else or other entity,such as a (Last name,first name,tnichilt initial,unless you are i yin company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit Variance 1. Trustee Permit Change of Zone.. ......... Coastal Erosion Approval of Plat Mooring Other(activity) Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold?"Relationship"includes by blood,marriage,or business interest."Business interest" means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO Z, If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person ..... ....... Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) — A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) —B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP .......... ............. ......................... Submitted this day of _0- 20/ Signature IV" Print Name— AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM The Town of Southold's Code of rithics prohibits conflicts of interest on the part of town officens and emmloecs, y of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid salne. wwwwwww YOUR NAME : 1194 a (Last name,`first name,middle initial,unless you are applying in the name of someone else or other entity,such as a company.If so,indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Building Permit............ Variance Trustee Permit Change of Zone Coastal Erosion Approval of Plat- ........... Mooring Other(activity) ......... Planning Do you personally(or through your company,spouse,sibling,parent,or child)have a relationship with any officer or employee of the Town of Southold? "Relationship"includes by blood,marriage,or business interest."Business interest"means a business,including a partnership,in which the town officer or employee has even a partial ownership of(or employment by)a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered"YES",complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person .......... ............ Describe the relationship between yourself(the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A)through D)and/or describe in the space provided. The town officer or employee or his or her spouse,sibling,parent,or child is(check all that apply) A)the owner of greater that 5%of the shares of the corporate stock of the applicant(when the applicant is a corporation) B)the legal or beneficial owner of any interest in a non-corporate entity(when the applicant is not a corporation) Q an officer,director,partner,or employee of the applicant;or D)the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this 'a"y of__4_. ! ....... 20 Signature Print Name Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) .........__.residing at�� �J.....��c� ...�........ (Print property owner's name) (Mai lin . ddress) do hereby � m Abi� i l� ie rr Y �d �J�1 ( c r�) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. A _ ._, .... . .. m... . ......... _-_,_,_,..................._ (Owner's Signature)........ Print Owner's Name) it�d tt ,A)41119 d- a.5 6(d 6-& Z,24 ............ Ci k3i _0 Dcn 0 :13 O m m r, 03 z O> (n . ......... -n s u, �)3 i�,� CIO C.N u. m 0 0 z z Zir X m > cn > m 0 0 z M ::E 0 P . Ol (A �j C/) co O 0 M c > m 0 co m 0 > f'o ilc 0 U) cr o� D Y m m LL co t U) O rn O O «s O co O . N CO [L C = ..�..m... ..�,.�... _. 0¢ -- ;. v EL C Qtr} _ LL LL a:pry° U m d U C O .. y N CO N cu cUp E cu 3 a Y _. o co X � o LL m w LL CO p 1 �r PP • .� p, p^+�_ ^+-, may µ rA I A S q0i k V h', d M1�w a 1S a i b��� i� 4 fid. 'br• _ ° w� ° � M Eo C o L Y 0) "�' XUb m — r � D Z m r o m I I b i C1 D rn U){q O rmn m" O � I W Cl) co o OZ ��sa b D m N 0 c w o I mm m O O O > m r 7c -I Z Z D _ v m D D cn o m mfi D O i G7' ZO r OZ ^, J a �p C m O D m m 91 w c a I a v ' � W O O D p G� D W 0 mO r oo � ,z O Oy Z Z w VJ p ,a Ut , i '. r o 8Y N B 4 p ry 1 1 rc�f 70 v Dcn O 0 �� O � o ma • m cn �u m O C W c r r T O ._. 2 I --1 —i a C/) 0 m m °— D O O O m 'O O D " n w µ ° D 41 c _.,.... O O m -4z.' " D M O D W r m O. CC) D O O Z p 'oj c 1 ��n CID p: V ..' A L.......... h M a 6 .Ny x� � D O M ,a rD COf In lo 0 o "b j P I or N e m 00 0 „ m r —o O O - N D —1 7G zMX M D r= D G) G� m m x. � r'I D � �.��.x r'�1 D i O O .v z z .S i �r, m IN 0 i N �_ _._ ZlIQ � J „ d i O f �4 cf)' A T Q O O O W O ro r ® D o P r YI ' {� fes` o °c o o L mmC v _ M q "ZZ.. In Ln Lf) + �J i --I IC) r;o -70 C �w" N _.�� ;o _ 4 R m m w- Ln Z Z 'No�.. `p �.. r.. 0 Ate. ,..� �....,�.....,.•.�.,.� r O C -n m iz-'-- -rl rTl tn rL rn CL w ................. Ln Z 0 Ln > n 1 ?1RN m .......... < CIO 0 m co n E m 0 L -0 r— -4D /I CD G) n CA E 0 Z < m w. 00 -n -n 0 0 C: �u ;a 0 n � _ Z 111111110 Ln m m 0 0 G) 0 Z z M oil uuu 0 > > -4 v � �N ry� w D in M, 0 n in GO > c:V) M GO cer Gl o 411, IN 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",then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus,the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website(southoldtown.northfork.net),the Board of Trustees Office,the Planning Department,all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION 4.14 SCTM# 1000-51-3- 4.11, 4.12, 4.13 and 5 The Application has been submitted to (check appropriate response): Town Board Planning Dept. X Building Dept. Board of Trustees ZBA X 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: X Nature and extent of action: Alteration and addition, and conversion to winery of existing storage Location of action: 5195 Old North Road,19110 Soundview Avenue, Southold, NY 11971 Site acreage: 22.48 a Present land use: Vineyard, farm winery and tasting room, storage building Present zoning classification: AC 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: Claudia Purita/Old North Road Barn, LLC (b) Mailing address: c/o Wickham, Bressler, & Geasa, P.C. PO Box 1424, Mattituck, NY 11952 1 (c) Telephone number: Area Code (631) 298-8353 (d) Application number, if any: Will the action be directly undertaken, require funding,or approval by a state or federal agency?NO Yes No If yes, which state or federal agency?m 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 -please explain) Yes—This is a working vineyard on preserved land. The expansion and conversion of the storage building will allow a more efficient use the property, eliminate the need to build another building for a winery, use existing infrastructure, minimizing additional development. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III—Policies Pages 3 through 6 for evaluation criteria Yes No (Not Applicable—please explain) Yes. This application will foster the historical use of the property as a working farm. 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—please explain) Yes, the use of the existing building will minimize the need for additional buildings which would block scenic views. 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—please explain) N/A. 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—please explain) N/A Existing building 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 (Not Applicable—please explain) NOT APPLICABLE 2 Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III— Policies Pages 32 through 34 for evaluation criteria. See Section III—Policies Pages; 34 through 38 for evaluation criteria. Yes No (Not Applicable—please explain) Not Applicable 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 (Not Applicable—please explain)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. Yes No (Not Applicable—please explain) NOT APPLICABLE WORKING COAST POLICIES Policy 10. Protect Southold's water-dependent uses and promote siting of new water-dependent uses in suitable locations. See LWRP Section III—Policies; Pages 47 through 56 for evaluation criteria. Yes No (Not Applicable—please explain) NOT APPLICABLE Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III—Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable—please explain NOT APPLICABLE 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—please explain Yes—this will enhance the economic viability of the agricultural operation. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III—Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable— Not Applicable Zba/lwrpPurita 3 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing Part 1-Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding,are subject to public review,and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item,please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency;attach additional pages as necessary to supplement any item. .............. .._� �___ -- _. ------ Part 1-Project and Sponsor Information ._Name o.... .._�. .... ._ _�............. ... ..w_ f Action ror Project: A , ') k I r eY Project Location(describe,and attach a location map): Brief Description of Proposed Action: VL Nat of an�v on��T�" LJ� CSI /WAC G�C Telephone: k / 1 lZ�� C� Applicant P �J( .. .� d � &q'"' E-Mail: 7 %kJfi���a'�� .�� � /� M�... Address: City/PO: co�4PA State: Zip .. ... lNJ Ill Or ./�/.- 1.Does the proposed action only involve the legislative adoption of a plan, local law,ordinance, NO YES administrative rule,or regulation? If Yes,attach a narrative description of the intent of the proposed action and the environmental resources that L/ may be affected in the municipality and proceed to Part 2. If no,continue to question 2. 2. Does the proposed action require a permit,�.........._ A. ............. _ ...�.........__ p p q p t,approval or funding from any other governmental Agency? NO YES If Yes, list agency(s)name and permit or approval: V ......-----n�,,,, 3 acreage of t � ,,,,,,,.._..a....� .. e of the site of the proposed action? ��� � b.Total acreage � acres to be physically disturbed? acres c.Total acreage(project site and any contiguous properties)owned or controlled by the applicant or project sponsor? acres 4. Check l al... nd. ..uses that occur on,adjoining and ..near the action. ❑Urban -Rural(non-agriculture) ❑ Industrial ❑Commercial 10-kesidential(suburban) ❑Forest $-K riculture ❑ Aquatic ❑Other(specify): ❑Parkland Page 1 of 4 ._...._ -. ... ... .-................. 5. Is the proposed action, NO YES N/A a.A permitted use under the zoning regulations? b.Consistent with the adopted comprehensive plan? 6. Is the proposed action consistent with the predominant character of the existing built or natural NO—� YES p p p g landscape? 7. Is the site of theGate ro osed action located p p d in,or does it adjoin,, a state listed Critical Environmental Area? NO YES If Yes,identify: _..... -__....��,�_________ ____ __ . ..,,� .... 1� ..�.......www. proposed...www. present 8. a.Will the action result in a substantial increase in traffic above resent levels? NO YES b.Are public transportation service(s)available at or near the site of the proposed action? c.Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? � 9.Does the proposed action meet or exceed the state energy code requirements? NO YES If the proposed action will exceed requirements,describe design features and technologies: ------------- -— m hiiW 10. Will the proposed action connect to an existing public/private water supply? NO YES If No,describe method for providing potable water: 11.Will the proposed action connect to existing wastewater utilities? NO YES If No,describe method for providing wastewater treatment: 12. a.Does the site contain a structure thatislisted on either the State or National Register of Historic NO YES Places? b.Is the proposed action located in an archeological sensitive area? .. ...... ....._.._._. .m..___ .._ .........w _V . oes any rtion of the site of the proposed action, 13. a•wetlands oroother wat rbodies regulated by a federal,state adjoining state or local agency? action,contain NO w_ YES. b.Would the proposed action physically alter,or encroach into,any existing wetland or waterbody? If Yes,identify the wetland or waterbody and extent of alterations in square feet or acres: ... ..................................-- typical habitat types that occur on or are likely to be found on the project site. Check all that i....: -_� ..w,e„ ., ,.e,,,,__�-_-_-m 14. Identify the typ ...ww.. �e...w . i t pp a ly ❑ Shoreline ❑Forest M-'Agricultura[/grasslands ❑Early mid-successional a Wetland ❑Urban ❑ Suburban 15.Does the site of the proposed action contain any species of animal,or associated habitats, listed NO YES by the State or Federal government as threatened or endangered? 16. Is the project site located in the 100 year flood plain? NO YES .. ...... ...... __..�,. ..... .. � ����m �n_ .....m..... ... ... .... 7.Will the proposed action create storm water discharge,either from point or non-point sources? NO YES If Yes, a.Will storm water discharges flow to adjacent properties? ©ANO ❑YES b.Will storm water discharges be directed to established conveyance systems(runoff and storm drains)? If Yes,briefly describe: ❑NO M-;�ES - — t ,w C-Vtz ., S �I� i -__ ___ - --- ------ . ...n �� dpi 1 � �� Page 2 of 4 18.Does the proposed action include construe . .o tion or other activities that result in the impoundment of NO YES water or other liquids(e.g.retention pond,waste lagoon,dam)? If Yes,explain purpose and size: __...... 19.Has the s �. site of the proposed action or an adjoining property p p � � g p p ty location of an active or closed � NO r been the � YES solid waste management facility? If Yes,describe: __.. ... . .... . m_.. ........... ... ,. , he the proposed 20 completed)ta of hazardous waste?action or an adjoining property been the subject of remediation(ongoing or ( � g NO.. YES If Yes,describe: ... ... .... ,...� m.,,.. . _. I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor name: Date: Signature Part 2-Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer all of the following questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer. When answering the questions the reviewer should be guided by the concept"Have my responses been reasonable considering the scale and context of the proposed action?" _ No,or M.. .....m. ...oderate small to large impact impact may may occur occur 1 Will the proposed action create a materTialial conflict _ ..... .... _ _... ...... onflict with an adopted land use plan or zoning , regulations? V 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 4. Will the proposed action have an impact on the environmental the characteristics that caused establishment of a Critical Environmental Area CEA ? 5. Will thero osed action result in an adverse sting leg a in the existing _ ffi � �� p p vel of traffic or affect existing infrastructure for mass transit biking or walkway? V m� ill the available ion a in the use of energyr rp. 6 Will the use an increase and it fails to incorporate faction c conservation or renewable cnert y oppnitmi tics? proposed y �a a.public/ ed private water �.� ....... 7. Will the proposed action impact existing: supplies? public b.p c/private p wastewater treatment utilities? � 8. Will proposed lnipair the character or qualityimportantof historic,archaeological, architectural or aesthetic resources? V 9. Will the proposed action result in an adverse change to natural resources(e.g.,wetlands, waterbodies,groundwater,air quality, flora and fauna)? (/ Page 3 of 4 .__._._._. ..................................................... .._......... _......�....... ... ..... No,or .mModerate ... small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion,flooding or drainage problems? r p 11. Will theproposed action create a hazard to environmental resources or human health? Part 3-Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered"moderate to large impact may occur",or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact,please complete Part 3. Part 3 should, in sufficient detail, identify the impact,including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant.Each potential impact should be assessed considering its setting,probability of occurring, duration,irreversibility,geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. .. rpt ... ..Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. [I Check this box if you have determined,based on the information and analysis above,and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. . .......... ... ................... ..... ..... ..------.....--.-�. Name of Lead Agency Date ......... .. Print or Type Name of Responsible Officer in Lead Agency111-1-1........................_... .. — -------- ----- ____,.___ ..... ........ ...... yp p g Title of Responsible Officer Signature of Responsible Officer in Le .. 1_111-111.1 o m..... g p ad Agency Signature of Preparer(if different from Responsible Officer) Page 4 of 4 A TOV'14 H:Lk L. SOUTHIOLD, N-1317 YORK -GER TIFICATP:, OF OCCUP.!,NCY NONCONFORMING PREMISES THIS IS TO CERTIFY that the Land Pre C.O. 4- Building(s) Date- C/ Use(s) located at 5195 Old North Road Southold Street Hamlet shown on County tax map as District l000, section Block 3 Lot 5 doesCnot)cmfform to the present Building Zone Code of Che Town of Southold for the following reasons: On the basis of information presented to the Building Inspector Is Office, it has been determined that the above nonconforming UXILand [-I Building(s) /_/Use(s) existed on the effective date the pre-sent Building Zone Code of the To-%m of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FURTHER CERTIFIED that, based upon information presented to the Building Inspector Is Office, the occupancy and use for which this Certifi- cate is Issued is as follows:_,pro_Pert U aihB a DOtato barrI and is The Certificate is issued to Walter Frank Sawicki of-the aforesaid building. . 1 ,SuifolkCounty Department ofHealth,Approval 1?/A UNDERAVRITERS CERTIFICATE No, NIA NICTICJ'!, IS ITEREBY GIVEN that (be Mmea' of the above preildses JJAS NOT G'QNSEWEIM 1r0ASI of the prondsen by the tor to del('Irl'aine it ibe laxrnises comply with aD applivalile cocjes and ordin- arwe-s' other than Ille I'3tlilding Zone Code, and li'lere-Jore, xio sw:Aj Lna,'Pwafioll has been and in ,not irit"enftcl to certify that the premises comply with all other applicable codes and regula- tions. a d Wft➢ �A r � �IJ Y /lll irl u l' Y i r v " v t � Ir Ii u,G V A r r i r 7 v COX r r IlyiSfIi� If. Ird' $ I Rri n k r, r 1 � vr � S -Zy bI, ...... ...r� .. ...._ 0 ryNd7 " 9d it 0 h , xw> fan., o� el 0 9x e vi 5— �` r c 1 � .,.1'6 ✓,ie k . y vr. aw'o 'r� Li n � �--'-rn 4 `� � �� •,.�"� art, �i �rc A9.§�£i¢¢}3 Ek W ry 4 `-_V 'tiry drt! ,yk" d 6 1 I v f ffIltlll mi"N, r r" wa Al 9