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4605
e7 t�tL�sE�z1Li�B 1�,vE��,ebs ., _. <z� it•� APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman James Dinizio, Jr. Lydia A. Tortora Lora S. Collins George Homing O�OgUFfO�,fC° ?%k o < 0 COD at �ip • �� BOARD OF APPEALS TOWN OF SOUTHOLD RESOLUTION SPECIAL MEETING TUESDAY, JANUARY 27, 1999 Appl. No. 4605 — LIEB VINEYARDS (PALMER VINEYARDS, Owner) Parcel No. 1000-97-1-11.4 Street Address: 34995 Main Road, Cutchogue, NY Southold Town Hall 53095 Main Road P.O. Box 1179 Southold, New York 11971 ZBA Fax (516) 765-9064 Telephone (516) 765-1809 WHEREAS, on August 6, 1998, applicants filed a request for a Variance based on an application to the Building Department and its Notice of Disapproval dated June 25, 1998; and WHEREAS, public hearings were held on September 24, 1998 and November 19, 1998, at which times the applicants, their agents, and all other persons who desired to be heard were heard, and their testimony recorded; and WHEREAS, by written letter dated January 26, 1999, received January 27, 1999, the applicants, by their attorney Abigail A. Wickham, Esq., gave notice to the Bpard of Appeals that they withdraw the variance application under appl. No. 4605 and that they are working on an alternative plan for the site; NOW, THEREFORE, on motion by Chairman Goehringer, seconded by Member Tortora, it was RESOLVED, that Applicants' letter confirming Appl. No. 4605 is WITHDRAWN, is accepted and noted WITHDRAWN. VOTE OF THE BOARD: AYES: Members Goehringer, Dinizio, Tortora, and Collins. (Member Horning of Fishers Island was excused.) This Resolution was duly adopted ~ CERA GOEHRINGER CHAIRMAN For Filing on 2/22-/99 IV. V i% 8 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, NOVEMBER 19, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town ; of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, NOVEMBER 19, 1998 at the time noted below (or as soon thereafter as possible): 7:50 p.m. Appl. No. 4605 — LIEB CELLARS (Current Owner: PALMER). This is a continued hearing regarding applicant's request for a Variance under Article III, Section 100 -31A(4 -b) for permission to construct Winery building and establish Winery Use on less than ten (10) acres. Location of Property: 3.612+- acre parcel, known as 34995 Main Road, Cutchogue, NY; Parcel ID 1000-97-1-11.4. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before the end of each hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: October 26, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN rte\ / FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL DATE: June .. 25, 1998 ........ ........... To Abigail Wickham (Atty.)_Palmer Vineyards y_.q...Ras _142k ........ ............... . mmAtuck, Aev York 11952 ........ PLEASE "TAKE 'NOTICE that your application dated ..... MT. 18......... 19.98... for permit to construct a'winery building ...................................... at Location of Property .. 34995 ..........Main Rd___________________Cntchogue__._,__. House No. Street Hamlet County Tax Map No. 1000 - Section 97........ BLOCK ... j....... LOT ...11.4 Subdivision ....._......................... Filed Map No. .........Lot No. ........ is returned herewith and disapproved on the following grounds .......................... Dnder.,.Qrticle III. Section 100-31A(4)(b),. the winery shall. be.on_.a_parcel_on.which.at.._ least 10 acres are devoted to the vineyard and owned bp. the winery owner: Proposed construction is on a parcel containing 3.612 acres. ........................................................................................ _..................................................................•.................... ....... ------- BUILDING INSPECTOR RV 1180 FORM NO. 1 TOWN OF SOUTUOLD BUILDINC-DEPARTMENT TOWN HALL Soul'11OLD, N.Y. 17971 TEL. -765-1802 Hmined........ . ..... .....19.... Approved . ......... .. 9 ... ...... D,sappruved a/c BOARD OF HEALTH ............... -"`ITS OF PLANS ............... S .::IVEY ........................ CHECK .................... SEPTIC FORM ......... NOTIFY: CALL ................... MAIL TO ...................... ............... (Wilding Inspector) .. . . APPLICATION FOR BUILDING PERMIT,- . Date.... . /1...,19.(. INSTRUCTIONS A..'Ilris application mist he caTipletely:..filled in by -typewriter or in ink arxi submitted to the Building Inspector wit 3 sets (if plans, accurate plot plan to Scale. Fee accordingto schedule. I). Plot plan Showing location of lot and of buildings (,t premises, relationship to adjoining premises or lxuhlic streets or areas,"and giving a detailed oeseripti"i of layout of: property mist be drawn on the diagramiuhirh is part of this applicnt"ion. C. 'lhe work covered by this plication may not bie emmencetl before issuance of Wilding Permit. d. Upon approval of this application, tire. Nildiogr inspector will issue a Building Permit to the applicant. Such permit shall be kept on the prernises.avaiIable ,'for inspection throogliout the work. e.NO building: shall be occupied or used in whole or in part for any purpose whatever until a Certificate of Occupancy Shall have been,grarted by the Building Inspector. - AM ICATION IS IERE Y NWC to the Wilding Department for the issuance of a Building Permit. pursuant to the Ikuilding Zone Ordinance of the Tam of Southold,,.Suffolk Canty, 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 ori premises and in build, -ot necessa s trop ......,.... Signa ure of. applicant, or Dane, ,f a corpora ) .8 /e6Z5G /YI7`uz/�11.9SZ� (Mailing address of applicant) State wlietber applicant is r, 1 ssee, ages iitect,11/e 'neerg.,e[reral contractor,. electrician, pluiber or builder ........... ... ....�y...UiC.Y Nate of owner of premises ......F:l......... C�.................................................. (as on the tax roil or latest deed) If applicantis a corporation, signature of duly authorized officer. .......................................................... (Name and title of corporate officer) Iluilders License No. ......................... Plumbers License No . ......................... Electricians License No . ..................... Odwr Trade's License No. ......... f` c 1. location of land on w,� which proposed work will be done.....1 .. .... ......... ........ ,.... ..... ......._............ (louse" Naber Street //Ijiainlet County Tax Map Nr. 1(A)0 Section ... ... Block ..... .........IX)t ..11i..�....... SubdiviSion ... %Y?�+fil:��.1 k> .. Filed Kip No. /,7t::.... int (Name) 2. State existlog use and Occupancy of premises and intended use and /o ev�ancy of pro construct !on: a. Existing use and Occupancy ......... R,.,(��-l,�j�((.,,�.............. b. Intended use and occupancy ...... 1%�....................... ......... ................._...... 3. Riture of work.(check vAiidh applicable): New IAuilding .. Y....... Acklition Alteration .......... ` Relmir ............ Removal ............. bennlition ............ Other Ikrrk.................................. (Description) 4. Estiuutell.Cost ......................... fee .............................................. (to be paid or filing this application) 5. If rkdelling, rxnber of dwelling :nuts ....0 .... Umber of dtaelling runts on each. floor ................ Ifgarage, umber of cars ...................................... 6. If business, camhercial or mixed occupancy, specify nature and extent of eadidr/type of use ...................... 7. Dimensions of existing structures, if any: Front... Za.k.-�... c . 4K � Depth ................. Ikiglht Number of Stories ...................... Dimensions of sale structure with alterations or additions: Front ...............Rear ............... Depth .................... Ileiglht .................... Nnber of Stories ............... B. Diniensiois of entire new construction Pront ................ Rear ............... Depth .............. Ikiglhc ......................... Nsiuer of Stories r). Sire of lot: Fmit .................... Rear ....:............... Depth .................... ID. Dale of l'urduise .. ....... Name of Foruer Omer %� .. 11. Zone or use district in %Aneh premises are situated �.f4'.-.... �tJ . /.,y' /J� ....: // 12.. Iknes proposer) r:outruction violate .any zoning law, ordinance or regulation::a�?C.!-��F.. l�Q•...'��7„��� 13. Will lot be regraded .. 7nay... J.. Will excess fill be relow/ed from premises YES. ( D r/ 14. Min"of Owner of premises V.!K20...C6 .4 teklress .Me. ..:............. Ylxxie Mine of ArchitectzK-. Address P. G4 ,........ Phone No. .......:... Nine of Contractor ........ ....... ................ Address.... ...... ..........._Flione No. ............ 15. Is this properLy-within 300 feet.of a tidal wetland? * YFS .......... NO . . *if YES, SMITU]) 7061N'IMS11"L'S PIMIT MAY di MG(XIIRFA. PLOT DIAGRAM '.. locate clearly and distinctly all buildings, whether existing or proposed', and indicate all set -back diiaensions` from property lines. Give street and block nnber or description according to deed, and show street nines and imlicate iAhetlwr interior or corner lot. - s SI'M (N' T8•ld Y(N S.S (INiNiY (Ni .... y.`,....°/,J (Wixt of irxtvtdual `gur�ori ••�-Ixaing (July sworn, deposes and says Unit 6:e is tl:e applicant 'tract) above nuhxkl, ' , 1k� is kine z- &�.2a�".1� 'r/¢ucCeG.�.tn✓ i.�c�a �LG zrr-,rnti.- C1 .._ ......:.. .......................... z Contrsclrr, agent,- corporate officer, etc.) i of said (mier or owners, and is duiy aullrorized. to..lie rfonn or have perfornip(l the said work aril to nuke and file this application; that. all: statements con tained'in'this application are tram to the Best of his knowledge and belief; and brat Une work hili he performer) in the skinner setforth in die application. filed therewith. Sworn to before ne this ..... /.$`..... (lily of Notary public ........................... Si ret re of Applicant) N Yak Vj*qPO1C'8ww No.011AC602M Cudifiedin QOfN7�00 TOWN OF SOUTHOLD, NEW YORK APPEAL FROM DECISIOt,I OF BUILDING INSPECTOR APPEAL DATE ... TO TI IE ZONING BOARD OF APPEALS, TOWN OF SOUTHOLD, N. Y, 1, (Wel Lieb Cellars, LLC .., of _ ,,._.14990 Oregon Road z�u Name of Appellant Street and Number` --- - Cutchogue, .New York .HEREBY APPEAL TO Municipality State THE ZONING BOARD OF APPEALS FROM THE DECISION OF THE BUILDING INSPECTOR Ot l .. DATED June 25, 1998 APPLICATION FOR PERMIT NO............................................................................ WHEREBY THE BUILDING INSPECTOR DENIED TO Abigail, Wickham (Atty.) Palmer Vineyards, as agent for Lieb Cellars LLC ..............Name............................_................I........ of Applicant for permit of P.O. Box 1424 Mattituck, N.Y. 11952 Street nrfd Number M u n I c ipaiity State ( ) PERMIT TO USE ( ) PERMIT FOR OCCUPANCY (X) PERMIT TO CONSTRUCT WINERY BUILDING 1. LOCATION OF THE PROPERTY ....34995 Main Road;„Cutogue A/C (Agr ricultual/Conservation; Street /lchiamlet / Use District on Zoning Mop District 1000 Section97 Block 1 Lok 11,4Current Owner Palmer Vines, LLC Mo No. Lot No. Prior Owner Ressler Vineyards 2. PROVISION (S) OF THE ZONING ORDINANCE APPEALED (Indicate the Article Section, Sub. section and Paragraph of the Zoning Ordinance by number. Do not quote the Ordinance.) Article III Section 100-31A(b) 3. TYPE OF APPEAL Appeal is mode herewith for (please check appropriate box) ( X) A VARIANCE to the Zoning Ordinance or Zoning Map ( ) A VARIANCE due to lock of access (State of New York Town Low Chop, 62 Cons, tows Art. 16 Sec. 280A Subsection 3 4, PREVIOUS APPEAL A previous appeal iixoal (has not) been made with respect to this decision of the Building Inspector or with respect to this property, Such appeol was ( ) request for a special permit ( ) request for o variance andwas made in Appeal No . ................................Doted......................................................... REASON FOR APPEAL ( ) A Variance to Section 280A Subsection 3 ( X ) A Variance '.o ;he Zoning Ordinance is requested for the reason that applicant. desires to utilize the property, which is currently used for vineyard operations, for construction of a winery building, to be used in conjunction with its vineyard located in Cutchogue, N.Y. Form Z•111 (Continue on other side) REASONS FOR AREA VARIANCE ONLY (to be completed by applicant): Do not use these standards for "use "variance" or "special exception." (Also attach sheets if necessary, with signatures.). 1. An undesirable change will NOT be produced in the character of the neighborhood or a detriment to nearby properties, if granted BECAUSE: the property is adjacent to an established vineyard to which the Development Rights have been sold, thereby insuring the continued agricultural use thereof. The intent of the statute, requiring 10 acres for a winery parcel, will not be defeated because the proposed winery building will appear to be an integral part of the vineyard. Moreover, (see attached sheet for continuation) 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: the development rights to the adjoining vineyard have been sold to the County of Suffolk, rendering an application for subdivision of a portion thereof to add to the proposed winery parcel unfeasible. The covenants imposed on.the sale of the development rights do not permit subdivision without c sent of the Suffolk C n Le ' 1 tare whi b i not f asible for a 6.4 acre a� ition to provide a f- ages Mr trie su� ec� bua ceg 3. The amount of reltie requested is nod su srtanfial.BECAUSE the appearance of the use will not change with respect to the adjoining farmland on which Suffolk County owns the development rights. That parcel is 53 acres in size. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district BECAUSE the use will not change with respect to the adjoining 53 acre parcel. 5. Has the alleged difficulty been self-created? ( ) Yes. ( x) No. The development rights to the adjoining 53 acre parcel were sold in M Of. The Code provision requiring a 10 acre minimum size was enacted in 1994. 6. This is the minimum that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. STATE OF NEW YORK) LIEB CELLARS, LLC COUNTY OF SUFFOLK) (Applicant) MarkyLi(:b, Member Agent must attach written consent from owner. Sworn, to_ before me this day Notary Public A.1 to ofiNow Notand?ublic, State of Now York No. 52-4642871 Qualified in Suffolk County On �:bmmission Expires Sept. = 134 4 SS?1'SS '} qY.t z:&-1 k11 ICI I. varJtemp July. 1398 ABIGAIL A. YJICKHAM Notary public, State of New York No. 62-4642871 Qualified in Suffolk County Commission Expires Sept. 30,13 gi 21 -a k TOWN OF SOUTHOLD PROPERTY RECORD CARD Mel „ l c� OWNER STREET VILLAGE DIST.1 SUB. LOT — ra r \Arvs v FORMER OWNER N S E ACR. S i _ o W aIFIL-1.- TYPE OF BUILDING RES. ( SEAS. VL FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS a. hr ire r 7 Tillable (Q ( 2 �, FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot ( ( c aL i BULKHEAD Alaofs _9 Morion p' p SPAS ONornY 0ona10 F AO Pinson, gor- COUNTY FARBLAND pEl N 46F2 0 Is, CON PFL4 0 0,1 ODP CQ 10 ARCA' I PARCLLMBCCONVEY£0%OD "At,rNVR. BINNS A p ` �., yy AREA • ".Jl' SO, fr,/ 1 i Way.��� Q D / m v P T qz� BD.P' 5.10 D29 1 j S420o9bo �' MAIN i\ftl H 4 Vaj4P,11 A y to S C ROAD I, N Y. S. RIO 115 / MINOR SUBDIVISION PREPARED FOR1 DONALD P. ROBINSON, DOROTHyR. B/NNS @ MAR/O/V R. vEARS AT CUMAIOGUE DATE FEB. 17,/98/. TOWN OF SOUTHOLD SCALE / " _ /00, SUFFOLK COUNTY, NEW YORK N0, 79-707.4 NorLl • •MONUMENT • VHAU rHORIZEO ALTERATION OR AooRloN to THIS SURVEY IS A VIOLATION OF SCCI,ON 1:OS Of INC j'p Of NES NEW YORK STATE EDUCATION LAM SP P COPIES OF THIS SURVEY NOr BEARING 'HE LAND S PO $UNVEYOR'S INKED $CAL ON "BOSSED HEAL SHALL ,LChPD W' Y ?T. NOr UL CONSIDERED TO BE A VAL10 TRUE COPY NGUARANSECS INDICATE ON ERCON SHALL RUN ONLY TO ,t0 OG THE PERSON FOR LHON THE SURVEY IS PREPARED, DF 2 AND ON HIS BEHALF LT r0 TPE SURYTIC COS PREPARED, RH• t lUp/� MENTAL AOEHCYAND LENDING INS11rUT10N LIsr,D �( t1 I.4..p HEREON,AND TO THE ASSIGNEES OF rHL LENDING i ,I H mviTUT1oN. GUARANTEES ARE NOT TRANSFERABLE TO ADDITIONAL INSTITUTIONS OR SUSSCOVENr �.;OWNERS. 'I o• 45893 'R DISTANCES SHOWN HEREON FROM PROPERTY LINESTO CX STN STRUCTURS AR�f PURPOSE'AND ARC NOT iO BEE CUSED TO LSTABILISH 4SFO lARU SVSNLSOA „tL[,N \•' �_ +v�' `��a `��•" PROPERTY LINES OR FOR THE ERECTION Of FENCES. '� �_•V—M YOUNG & YOUNG 11110 OSTRANDER YORK VENUE ALDEN W. YOUNG,PROFESSIONAL ENGINEER AND LAND SURVEYOR N.YS.LICENSE NO. I2845 HOWARD. W. YOUNG, LAND SURVEYOR - N.YS, LICENSE NO.45893 IBY 1011 [o... Planning Board i March 17, 1981 1 On motion made by Mr. Wall, secondeal by Mr. Latham, it was RESOLVED to set 7:30 p.m., -Monday, April 6, 1981, at the Town Hall, Main -Road, Southold, New York,..as the time and place for a public'hearing on the question of the approval of the minor subdivision of Genevieve L. Richards located at Arshamomaque. Vote of the Board: Ayes: Orlowski, Wall, Latham, Mullen 8:15 p.m. Public Hearing on the question of the approval of the minor subdivision of.'Reynold"F. Blum and William A. Littell located at Cutchogue. Mr. Blum and Mr. Littell were present at the hearing. Mr. Orlowski read the legal notice of hearing and presented proof of publication in the SuffolkTimes. Mr. Orlowski: I went through the fUle this -afternoon and everything is here and in order. At this time, is there anyone here in opposition to this subdivision?. -,Hearing none, is there anyone here in favor of this -subdivision. Mr. Blum and.Mr. Littell: We are in favor. Mr. Orlowski: .'Anybody,•else? Does anyone have anything to add to this. Mr._Wall, do-you..have any questions? 'Mr. Mullen, Mr. Latham? (ail negative) Hearing none, I will declare this hearing closed. Vincent Annabel minor,subdivision. Mr. Annabelappeared. Mr. ✓ Orlowski pointed out'to Mr. Annabel'that he has .a problem with frontage because,of town'requirements for 150 feet at the building line.. He asked Mr.:Annabel what his intention was with the under- sized lot 3. Mr. Annabel_ answered that the adjoining property owner wants,to add it to his property. '"Mr. Orlowski felt the lines could,'be moved with the elimination of'lot 3 to pick up the extra footage. Mr. Annabel will decide what he wants to do and get back to the (board . I 8:30 p.m. Public Hearing on the question of the approval of the ,minor subdivision of Donald P. Robinson, Dorothy R Binns and Marion R. Mears located at Cutchogue. Abigail Wickham, attorney for the applicants, appeared at the hearing. Mr. Orlowski read the legal notice of hearing and .presented proof of publication in the Suffolk Times. Mr. Orlowski: In going over everything in the file this afternoon carefully I see everything-is.in-order. I will ask now if there is..anyone..•that.wishes;to be:.heard in -opposition to -this subdivision. Hearing none, is there anyone here in favor'that would like to be ;heard. Ms. Wickham: As you know, the applicants sold the development right: to the northerly fifty-three'acres to the County of Suffolk and -planning Board -5- arch 17, 1981 ;retained the parcel that is now before you as a minor subdivision, ;:rthe idea being that where they are not -in farming they would sell ?,`the farm and leave.:some property out,so the farmer can use the barn ;urea where there is -no restriction. .They are in contract to -sell -=the farm to a fellow that is going to -,.grow grapes and he -is buying ";the fifty-three acres and alsothe parcel 3 containing the barns. '.The -main farmhouse in which Mrs. Binns has been living for some time -is going to be conveyed to here. It is now owned by the -three. ,children. The small parcel 2 is going to'be added to Donald .Robinson's small parcel. They are basically retaining the farm intact with the two conveyances for the two houses on the farm. ,Both the development rights portion and'lot 3,have access on;the ,'Main Road so there is nothing going to be landlocked here. Mr. Orlowski: Is there anyone else that wishes to be heard? Mr. Wall, Mr. Latham, Mr. Mullen? (all negative) I will declare this hearing closed and thank you for coming. On motion made by Mr. Wall, seconded by Mr. Latham, it was RESOLVED that whereas, a formal application for the approval of a subdivision plat entitled Minor Subdivision of Donald P. Robinson, Dorothy R. _Binns & Marion-.R..Mears was submitted -to the ly Planning Board -on March 3, 1981, and an application fee of $75.00 3 was paid on March 3, 1981,,and, WHEREAS,.a•public hearing was held on -the -said subdivision.:..: application and plat at -the Town -Hall, Southold,.New York -'on March 17, 1981.at 8:30 p.m., and WHEREAS, the requirements of the Subdivision Regulations of the Town of Southold.have been,met•by.said�subdivision plat and application, Now, therefore, be it RESOLVED that the application of Donald ,P. Robinson, Dorothy R. Binns & Marion R. Mears for approval of said subdivision plat prepared'by Young &-Young dated February 17,- 1981, be approved subject to consideration of the conditions of the Suffolk County Planning Commission and -upon consideration of same the chairman -be authorized to endorse approval on'said ,,,subdivision -plat. Vote of the Board: Ayes: Orlowski, Wall, Latham, Mullen * * * On motion made by Mr. Wall, seconded by Mr. Latham, it -was RESOLVED to set 7:45 p.m., Monday, April 6, 1981, at the, -Town :.Hall, Main Road, Southold, New York,..as the time and place for a !� 1 _public hearing -.,,on the que.5tion.,of the approval of the =minor ',' subdivision of Baxter Properties, Inc. located at•Cutchogue. Vote of the Board: Ayes: Orlowski, Wall, Latham,,Mullen 7 DO SEE SEC. NO.085 MATCH LINE I PR 7S �RCr;5Z 16.5A(c) 0, 0 'cl! zQ ;1. 12 43 53.OA COUNTY OF SUFFOLK A DEVELOPMENT RIGHTS z lb 4.8 A &GA(c) 10 LSOA 24.4A(t) 9 12 A 13 8-44(c) 16-4- 16.3 16.2 (c) 3 Al 3-IA(C) 2 3-1 A 4 rej lop, 0 0 FOR PARCEL NO. nP2400 SEE SEC. NO. 103 '01, TT i0. IiA Z- Sit TA UNLESS DRAWN OTMCYWtSE . ALL PROPENT19S &PC WITHIN THE FOLLOWING DISTRICTS SCHOOL R. 5 SRWr —ORA11T PARK REFUSE , PARCEL I: DISTRICT 1000 SECTION 097.00 BLdCCK O1�.Q0 LOTS 011.002 & 011.004 PARCEL II: DISTRICT 1000 SE`jTION 096.00 BLACK 03.00 LOT 006.004 k(� '=CONSULT YOUR LAWYER BEFORE SIGNING THIS,INSTRUMENT—THIS INSTRUMENT SHOULD 01 USED BY LAWYERS ONLY. THIS INDENTURE, made the SO�_ day of►\ , nineteen hundred and ninety-six BETWEEN HAROLD KIRKBY RESSLER, residing at 16 Shore Road, Dering Harbor, Shelter Island Heights, New York 11965, and RICHARD STOCKTON RESSLER, a/k/a RICHARD S. RESSLER, 'residing at 174 West Bare Hill Road, Harvard, Massachusetts 01451, party of the first part, and PALME VIIES I�LI,C,1 a: -New [Y ork Limited Liability Co pany, JOS SOunA /AC.)_RwerkQn.c{ `NY i r9c1 1 Ol party of the second part, WITNESSEi'H, that the party of the first part, in consideration of Ten and 00/100 -------------- ---------------------------------- ($10.00) ------------------------------- 0/100-------------- ----------------------------------($10.00)------------------------------- dollars, lawful money of the United States, 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, PARCEL I: ALL that certain plot, piece or parcel of land, with the buildings acid improvements thereon erected, situate, lying and being2txx im at Cutchogue, Town of Southold, County of Suffolk and State of New York, more particuarly bounded and described as follows: BEGINNING at a monument on the westerly side of Main Road (New York State Route 25) where same is intersected by the southeasterly corner of land now or formerly of Stanley Rysko; RUNNING THENCE along the westerly side of Main Road the following two courses and distances: (1) South 68 degrees, 10 minutes, 00 seconds West, 246.13 feet to a monument; (2) South 61 degrees, 54 minutes, 30 seconds West, 203.23 feet to a monument; RUNNING THENCE along the land now or formerly of Howard Robinson Estate, the following four (4) courses and distances: (1) North 43 degrees, 28 minutes, 50 seconds West, 145.00 feet to a monument; (2) South 56 degrees, 02 minutes, 10 seconds West, 263.54 feet to a monument; (3) North 43 degrees, 28 minutes, 50 seconds West, 61.27 feet to a monument; (4) South 46 degrees, 27 minutes, 00 seconds West, 103 feet to a monument and land now or formerly of Sigmund and Lucille Rysko; THENCE North 43 degrees, 33 minutes, 00 seconds West, along the last mentioned land 543.98 feet to a monument and land now or formerly of Cox Lane Associates; THENCE North 43 degrees, 47 minutes, 40 seconds West, along land mentioned land 638.53 feet to a monument and land now or formerly of Leander B. Glover, Jr.; THENCE North 43 degrees, 42 minutes, 15 seconds West, along the last mentioned land 1951.58 feet to a monument on the southeasterly side of Long Island Railroad; THENCE along the last mentioned land the following three (3) courses and distances: (1) North 60 degrees, 14 minutes, 50 seconds East, 417.51 feet; (2) South 44 degrees, 19 minutes, 40 seconds East, 17.05 feet; (3) North 60 degrees, 14 minutes, 50 seconds East, 350.00 feet to a monument and land now or formerly of Stanley Rysko; THENCE South 44 degrees, 24 minutes, 10 seconds East along the last mentioned land 3329.75 feet to the monument on the westerly side of Main Road at the point or place of BEGINNING. �a BEING AND INTENDED TO ..B.E --the__same premises conveyed to the party of the first part by deed dated, /27/81 and recorded in Suffolk County Clerk's Office on 4/6/81 in Libe- 89 534. z00 P. ROMM EDW RECORDED MAY 14 1996 CMOFSUFM-K cap bI PARCEL IIs ALL that certain Town of Southold, as follows: plot, piece or parcel of land, situate, lying and being at Cutchogue County of Suffolk and State of New York, bounded and described N BEGINNING at a monument on the southeasterly side of Long Island Railroad distant 358.00 feet northeasterly as measured along the southeasterly side of the Long Island Railroad -..from 'the corner formed by the ixttersec,tion of the southeasterly side of the Long Island Railroad with the northeasterly side of Cox's Lane; RUNNING THENCE North 60 degrees, 14 minutes, 50 seconds East, along the southeasterly side of the Long Island Railroad 498.52 feet to a monument and land now or formerly of Richard and Kirk Ressler; THENCE South 43 degrees, 42 minutes, 15 seconds East, along the last mentioned land 525.00 feet to a monument and other land of Leander B. Glover, Jr.; THENCE South 60 degrees, 43 minutes 35 seconds West along the last mentioned land, 484.58 feet to the monument and land now or formerly of William C. Bolenius; THENCE along the last mentioned land the following two courses and distances: (1) North 47 degrees, 00 minutes, 30 seconds West, 319.10 feet to a monument; (2) North 42 degrees, 37 minutes 40 seconds West, 205.90 feet to a monument on the southeasterly side of the Long Island Railroad, the point or place of BEGINNING. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed dated January 7, 1983 and recorded in Suffolk County Clerk's Office on January,13, 1983 in Liber 9298, Page 585. TOGETHER with Grantors' right, title, and interest in and to the Right of Way to Cox Lane as set forth.in Liber 2554 cp 370. L� „f® a MAP GNATiON 100'0 )97.00 )1.00 e V(o o®ad o„0614 tONS~ULT YOUR LAVIYER BEFORE SIGNING THIS INSTRUMENT -THIS INSTRUMENT SHOULD BE USED BY LA ERS ONLY. 3993PAGE534 24734 THIS INDENTURE, made the 27th day of March , nineteen hundred and eighty-one BETWEEN DONALD P. ROBINSON, residing at (no #1) Main Road, Cutchogue, NY 11935 DOROTHY R. BINNS, residing at (no #) Main Road, Cutchogue, NY 119.35; and MARION W. MEARS, residing at 3 Williams Road, Chatham, NJ 07928, as devisees under the Last Will and Testament of Howard B. Robinson, deceased DiSTR1CT SECTION BLOCK LOT party of the first part, and 1 U L' IDI 1 HAROLD KIRKBY RESSLER, residing at 459 West 21st St., New York, ; and RICHARD STOCKTON RESSLER, residing at 936 R. Central Ave., Framingham, Mass., party of the second part, Wn74ESSETH, that the party of the first part, in consideration of Ten Dollars and other 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 that certain plot, piece or parcel of land, zitbxthmbjikHn9i« situate, lying and being intim at Cutchogue, Town of Southold, County of Suffolk and State of },h, - New York, more particularly bounded and described as follows: BEGIM4111G at a monument on the westerly side of Main Road (New York State Route 25), where same is intersected by the southeasterly corner of land now or formerly of Stanley Rysko; RUNNING THENCE along the westerly side of Main Road the following two (2) courses and distances: (1) South 680 101 00” West, 246.13 feet to a monument;'thence (2) South fill 54' 30" West, 203023 feet to a monument; RUNNING THENCE along land now or formerly of the Howard Robinson Estate, the following four (4) courses and distances: (1) North 430 28' 50"•West, 145.00 feet to a monument; (2) South 56° 02' 10" West, 263.54 feet to a mondment; (3) North 430 281 50" West, 61.27feet to a monument; (4) South 460 27® 00" West, 103 feet to a monument and land now or formerly of Zigmund and Lucille Rysko; THENCE North 430 33, 001, West, along the last mentioned land 543.98 feet to a monument and land now or formerly of Cox Lane Associates; THENCE North 430 471 40" West, along the last mentioned land, 638.53 feet to a monument and land now or formerly of Leander B. Glover, Jr.; THENCE North 43® 421 15" West, along the last mentioned land, 1951.58 feet to a monument on the southeasterly side of the Long Island Railroad; THENCE along the last mentioned land the following three (3) courses and distances; (1) North 600 14' 50" East, 417.51 feet; (2) South 440 19® 4011 East, 17.05 feet; (3) North 600 14' 50" East, 350.00 feet to a monument and land now or formerly of Stanley Rysko; THENCE South 440 24' 10" Easi, along the last mentioned land 3329.75 feet to the monument on the westerly side of Main Road at the point or place of BEGINNING. SUBJECT to development rights held by Suffolk County, as set forth in deed.- recorded eed=recorded in the Suffolk County Clerk's Office in Liber 8594 at page,56. 'TOGETHER 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 the estate and rights of the party of the first part in and to said premises; TO HAVE AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has ecuted this deed the_ay and year fiM'ab"q written. 4,t7 .3 Ll` IN PRESENCE OF: REON\CtL1 I Donal: P. RDbinson dlee 7) AL`jE Dorothy R.B ns Ai'R v 1981 G� t Marion W. Mears a. ARTHUR J. FELICE RECORDED APR POO Clerkoi Suffolk County ' a a .JV i AX MAP SIGNATION /CD O 097. oao -0/. O o s) -jam CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMENT—THIS INSTRUMENT SHOULD BE USED BY LAWYERS ONLY. IT 1592 THIS INDENTURE, made the % 574 -day of ' nineteen hundred and BETWEEN DONALD P. ROBINSON, residing at (no #) Main Road, Cutchogue, New York 11935; and DOROTHY R. BINNS, residing at (no #) Main- Road, Cutchogue, New York 11935 ; and MARION W. MEARS, residing at 3 Williams Road, Chatham, New Jersey 07928, a as tenants in common, party of the first part, and DONALD P. ROBINSON, residing at (no #) ",-Main Road, Cutchogue, New York 11935, BCK LOT MTRICT SECTION C 21 20 party of the second part, R/ITNEWIL- , that the party of the first part, in consideration. of Ten Dollars and other 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 tlze'goaarfoF�ve�r, g with a ui din S and improvements thereon erected, k� situate, ALL that certain plot, piece or parcel of land, � of Suffolk and State of lying and being k at Cutchogue, Town of Southold, County New York, more particularly bounded and described as. -follows: BEGINNING at a monument on the westerly side of Main Road (New York State Route 25), located the following two courses and -distances from a point on the westerly side of Main Road at the southwesterly corner of land of Ressler and the southeasterly corner of land this day conveyed by the grantors to Dorothy R. Binns: (1) South 500 29'-20'" West 195.48 feet to a monument; thence (2) South 42° 09' 00" West 65.10 feet to a moriument;.•from said point, of - beginning, running thence along other land of the'gi ntors this day conveyed to and of Ressler North 43°.28k.50" West 241.-27 feet Dorothy R. Binns and along l to,a monument; thence still along-la-nd of Res-_ler South -460 27' 00" West 103.00 feet to a monument and land now or formerly. of "RV&6; running thence along said land South 43° 33' 00" East 59.00 feet.to land o...Donald P. Robinson; running thence along said land the following two courte§:and-distances: (1) NOfth 420 09' East 75.00 feet; thence (2) South 46° 33' 5" East 189.51 feet t6 the Westerly side of Main Road; running thence along. said Road North 420 09' 00" East 18.00 feet to the point or place. of BEGINNING. BEING and intended to be a portion -of the premises devised to the grantors herein under the Last Will & Testament of -Howard B Robinson, deceased, who died a resident of Suffolk County,' New York. ---- - k��_� VCD .. 04 FZEAL ESTATE +M JAN lES? Irq LO TWkr ; SFER i r.n ! ' SUFFOLK COW I Y TOGETIIER 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 the estate and rights of the party of the first part in and to said premises; TO HAVE t AND TO HOLD the premises herein granted unto the party of the second part, the heirs or successors and assigns of the party of the second part forever. AND the party of the first part covenants that the, party of the first part has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with. Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying t)e .co'st gf .the improvement and will apply -the same first to the payment of the cost of the improvement befpre yspmt;0,f;the total of the same for 'ate VthCi<:pt?rpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. - � IN PM,—,ENCS OF: Donald P. Robinson Dorothy Binns Marion V. Mears ARTHUR J. FELICE RECORDED JAN 5 1W Clerk of Suffolk county t I d TOWN OF SOUTHOLD PROPERTY RECORD CARD Map 19 OWNER STREET VILLAGE DIST. SUB. LOT : I nu r \lI r iz L L Q� . FORMER OWNER N / Q S5l'k E Qe S N' ACR. ��:r � eq V) o $ l � 0 H/ 13i s -I I-15 — TYPE OF BUILDING RES. a 1 e SEAS. VL. FARM COMM. CB. MICS. Mkt. Value LAND IMP. TOTAL DATE REMARKS T 0 44 P> .. ,�•• �= a a& i r7,73 ler 4-n I try s 6 7 3 Tillable �� . G [; 3 FRONTAGE ON WATER Woodland FRONTAGE ON ROAD Meadowland DEPTH House Plot BULKHEAD Total "' TOWN OF SOUTHOLD PROPERTT ,.RECORD CARD /Ooo OWNER STREET 3 VILLAGE DIST. SUB. LOT - _ Dk n Carlo)- : ,.R) c 6 V _.. ea!946 FORMER OWNER . ' +'��,1{{ •h�.5 B�hns �G�'hSo p.d7� N M E W r n ACR 'i"'99 PE OF BUILDING b"t{ RES. SEAS. VL. FARM COMM. CB.' MICS. :Mkt. Value _ LAND IMP: TOTAL DATE REMARKS ,S'3• a 4.1 ?� --- 5 v 3 9 b dPG -G6 L is 5 el � p = / G O 7 G - 9_ �D U `f Q On?OF 1 i 0 0 7 y _ i- i3o 3a l� -� /000 00 0 6000 d slaplql .. _ AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per' Value rillable FRONTAGE ON WATER dVoodicndFRONTAGE ON ROAD Zt'i0 1Aeadowland DEPTH, House Plot BQLKHEAD rotal''`"� •.r DOCK`` �r o TOVi/IV OF SOUTHOL D PROPERTY RECORD CARD O• OWNER STREET 3 &5! VILLAGE DIST. I SUB. LOT �a.. FORMER OWNER �(/l a� h a s N 1 c— U� c. 4 o qv E c ACR. S _ W TYPE OF BUILDING a - Mm y- / f �"o F - d I --d • , e RES. SEAS. V. FARM COMM. CB. MICS. kt. Value LAND IMP. TOTAL DATE REMARKS44 3 Q O U / �'/ ,S.t� (�Cl �8 i�,so s e s� f e /2ilihSr� /j (� (J dd G O ZBOC� �ere> 3 L3 O ei ` ' y� % t —2//0 �2 -L 1 3 G z I - tI ag-k1 le-- bn 3 alF a-L1'I 4 55G - ori I ;o 6rbarct* 6004 (c( -),,. 3-L 703- u13F-�o �OT AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE _ FARM Acre Value Per Acre Value Tillable FRONTAGE ON WATER < C8 10300 Woodland FRONTAGE ON ROAD CW - Meadowland DEPTH f ; House Plot BULKHEAD Total • DOCK January 26, 1999 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Application of Lieb Cellars, LLC Ladies and Gentlemen: MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK 11747 516-249-9480 TELEFAX NO 516-249-9484 Mr. Lieb has asked me to advise you that after much consideration, he would like to withdraw the application in this matter. He is working on an alternative plan for the site. We very much appreciate the extensive time and effort your Board has expended in this matter. AC-0'e6'�" GCS "`.uz '� 2� �v j _ �, r c -e— Very truly yours, L��-Gto�c Abig it A. Wickham AAW:dmc 30/shdtnzba I \ ✓ LAW OFFICES WICKHAM, WICKHAM & BRESSLER, PC. 10315 MAIN ROAD, P O BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 ERIC J BRESSLER ABIGAIL A. WICKHAM LYNNE M GORDON 516-298-8353 JANET GEASA TELEFAX NO 516-298-8565 HUBERT F SULLIVAN January 26, 1999 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Application of Lieb Cellars, LLC Ladies and Gentlemen: MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK 11747 516-249-9480 TELEFAX NO 516-249-9484 Mr. Lieb has asked me to advise you that after much consideration, he would like to withdraw the application in this matter. He is working on an alternative plan for the site. We very much appreciate the extensive time and effort your Board has expended in this matter. AC-0'e6'�" GCS "`.uz '� 2� �v j _ �, r c -e— Very truly yours, L��-Gto�c Abig it A. Wickham AAW:dmc 30/shdtnzba WILLIAM WICKHAM ERIC J BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA HUBERT F SULLIVAN LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 516-298-8353 TELEFAX NO. 516-298-8565 January 26, 1999 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Application of Lieb Cellars, LLC Ladies and Gentlemen: MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III 11747 9484 Mr. Lieb has asked me to advise you that after much consideration, he would like to withdraw the application in this matter. He is working on an alternative plan for the site. We very much appreciate the extensive time and effort your Board has expended in this matter. Very truly yours, Abi gil A. Wickham g AAW:dmc 30/shdtnzba Associate Provost Campus Box 1963 January 22, 1999 Ms. Jean W. Cochran Supervisor Southold Town Hall P. O. Box 1179 Southold, NY 11971 Dear Ms. Cochran: BROWN UNIVERSITY Providence, Rhode Island 02912 Telephone: (401) 863-1474 Fax: (401) 863-2244 i .SAN 2 61999 ,I V I want to express my strongest disapproval and my opposition to a variance allowing a winery very near to my house in Cutchogue, New York, address: 33780 Main Road. My extended family and I have been residents in this area since about 1920. We have seen dramatic changes in the town of Southold over the course of the last fifteen years. I believe that the changes that are now occurring in the town are beginning to mimic those on the south side of Long Island. I find the changes distracting and unfavorable to continued living within the town of Southold. Our town seems more and more to be catering to big business. Further, another major factor that I think you must address regarding the winery is the issue of safety. We have one of the worst curves on Route 25 and providing variance for a winery will add to this already dangerous situation. I believe this will invite more trouble and I again express my strongest disapproval and request that the variance be denied. I hope this letter gains your attention. Thank you in advance for your consideration. R p ctf ly yo s, _, FJA Ja es H. W theN 2 5 1999 sUPERVIsoFc. , FREELANCE LI, INC. COURT REPORTERS Appeal No. 4605 88 1 2 applicant's environmental consultants. We are 3 going on to a hearing that we had prior, which is 4 Lieb Cellars. Current owners is Palmer. Good 5 evening, Ms. Wickham. 6 MS. WICKHAM: At the last hearing we 7 presented our position, that the proposed winery on 8 this parcel of property will have all of the 9 attributes of the ten—acre requirement due to the 10 continuity of the 53 acres of active farmland, 11 which will continue in agriculture forever, due to 12 the sale of the development rights on that parcel. 13 I am not going to repeat the entire presentation, 14 but I do want to highlight a few things: 15 We feel that the concerns, as to 16 traffic, noise, and other consequences of 17 developing a property are not unique to this 18 application. Those effects, to the extent they 19 would occur, would happen even if the wineries' 20 property and the vineyards' property were in single 21 ownership. Since the wineries would then be 22 constructed without a variance. They are really 23 irrelevant to the question before us, which is that 24 of the separate ownership of two parcels. 25 It's therefore our position that all of the FREELANCE LI, INC. COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 89 objections of the neighbors, with the sole exception of that of Mr. Pugliese, which I will address separately in a minute, really relates to the use of the properties and winery, and not to the ten—acre requirement, which is the subject of this application. While there may be concerns of the neighbors, they are not relevant objections to this application. The Palmer property, as it is now constituted, and now zoned, may be used as a winery without the need for a variance. The applicant has nevertheless tried to present a reasonable plan that does try and address the concerns. He has adequate room for parking. He has discretely situated the building, and the contour of the property, on the side of the property furthest from the residences. And the winery will be small compared to many of the large buildings which now operate as wineries in this Town. Traffic and the other concerns will be addressed in the site plan process. Since the last hearing, we have addressed the concern raised by Mr. Pugliese; namely, that his winery parcel was connected and FREELANCE LI, INC. COURT REPORTERS Appeal No. 4605 90 1 2 was required to be connected to a larger parcel to 3 the north. Mr. Palmer and Mr. Lieb were recently 4 entered into a long-term land lease which creates, 5 in effect, a ten -acre parcel for the benefit of the 6 winery parcel. It creates a dedicated ten -acre 7 situation. This document has been submitted to 8 your Board and also to the Town Attorney for his 9 review. I would submitted to you that this 10 arrangement meets the definition of 11ownership" in 11 the Zoning Code, thus rendering the property in 12 compliance with the ten -acre criteria. If the 13 Board agrees with that construction of the code 14 then this variance is not necessary. 15 In the alternative, the land lease 16 creates a complete incumbent on the property, so 17 that the ten -acre requirement is met, and 18 sufficiently met to warrant to the variance being 19 granted. This is a more direct approach to the 20 ten -acre requirement, and more than in keeping with 21 the code than our proposal at the last hearing for 22 a convenant enacting the winery parcel legally, if 23 not physically, and there would still be other 24 acreage in Cutchogue. 25 However, the primary aspect of a FREELANCE LI, INC. COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 91 winery is the agricultural connection. And I think we demonstrated at the last hearing that Mr. Lieb is committed to agriculture to the extent of his, 36—acre vineyard in Cutchogue, in the same town. So we would like to present that to you for your consideration. If there are any questions we will be happy to answer them. THE CHAIRMAN: There will be questions. The problem is that we really have not had a significant period of time in which we could consult counsel on this new aspect. We also want to mention that Mr. Pugliese, prior to the commencement of this hearing tonight, did bring up a letter to us which we have not had a chance to produce photocopies of for your purpose. I think I will then ask the Board again to hold this off until the December 10th hearing so that we have a chance to seek counsel, review -- we certainly looked at your document, but we haven't had the chance to digest it, so to speak. So the questions may be limited at this particular point, or they may be involved, depending upon how the Board Members want to get involved with it. We would see what develops. FREELANCE LI, INC. COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 0 Appeal No. 4605 92 Mr. Dinizio, do you have any questions? MR. DINIZIO: You said it would be in effect ownership. Could you explain that? MS. WICKHAM: The definition of "ownership" in the code, and it is an ownership requirement that is related to the ten -acre provision in our Zoning Code, has as its attributes, not only the ownership, but a controlled aspect. And when you have a long-term leasehold interest, such as that being created by this document, that does I believe meet the technical definition of "ownership" under the T6wn Code, that's defined in 100-13 of the Town Code. THE CHAIRMAN: Ms. Collins? MS. COLLINS: I have read the lease. The proposed lease is for land that is currently planted in mature vines I gather? MS. WICKHAM: That's correct. MS. COLLINS: Those vines would remain the Palmer vines from the point of view of -whose grapes they are; is that not correct? MS. WICKHAM: They will probably continue to be harvested by Palmer but the leasehold creates an ownership interest to the FREELANCE LI, INC. COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 93 extent defined by the code, which will give them an exclusivity as to that property. MS. COLLINS: Just to comment about that ten—acre requirement: I think that the code says, "That the winery is to be on a parcel on which at least ten acres are devoted to a vineyard or agricultural purpose." So, I don't think it is clear that a ten—acre parcel, with 6 1/2 acres of vine and 3 1/2 acres of winery, parking, landscape land quite does it. I just wanted to toss that out to you. MS. WICKHAM: My reading of the code is that the parcel itself is to be ten acres. MS. COLLINS: "Shall be on a parcel on which at least ten acres are devoted to vineyards." I wanted to get it on the record and get it on to your plate because I think it is significant. MR. CHAIRMAN: Ms. Tortora? MS. TORTORA: I haven't seen the lease agreement so I will ask you, if, in the lease agreement -- let's go back to who is going to be harvesting the grapes from the ten acres. MS. WICKHAM: That will be an FREELANCE LI, INC. COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 94 arrangement between Mr. Lieb, who is the lessee of the property. He should sublease -- he could continue to lease it to Mr. Palmer to do it. I don't think that use of the property is necessarily related to the long-term leasehold, in effect, it is a legal matter. MS. TORTORA: I am going down your theory of ownership, and you believing this lease establishes some type of ownership. That is not clear to me. Convince me a'little more. MS. WICKHAM: I think that in the Law of Real Property, a leasehold interest of this nature -- this type is an incumbency on real property that does have attributes of property rights. People very frequently use long-term leaseholds for development of major commercial buildings for instance. Even though they do not own the land itself, they do have such an extensive incumbency, or rights to it that it is considered a property right under the Real Property Law. Similarly, it can be mortgaged or financed by banks. It is not like renting a summer cottage. It is a long-term leasehold. It is a different concept. FREELANCE LI, INC. COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 95 Many properties, in other states for instance, most of the properties are owned in a leasehold fashion, Hawaii; for example, there are properties out here, but it is not as common here as in other areas. It is more common westward and other states. THE CHAIRMAN: Let me ask one question: In the State of Hawaii, unless you are an Hawaiian, you cannot own property. It is a 99 -year-old lease; are you proposing that this is a similar type of situation? MS. WICKHAM: I am not familiar with the laws of Hawaii. THE CHAIRMAN: I am asking that question. You are using the phrase "long-term," I know it is for a period of time. I am saying, "That's the feeling that I am getting when you are using that type of criteria." MS. WICKHAM: I feel it is a form of ownership in accordance with 100-13. MS. TORTORA: I guess what I am saying is, "That I am familiar with what you are saying about the 99 -year-old lease, and Real Property Tax Laws, and the implication of ownership under a FREELANCE LI, INC. COURT REPORTERS Appeal No. 4605 96 1 2 lease agreement." However, I am not sure that that 3 is what our code refers to when it is says, "That 4 the land in question, the vineyards, and owned by 5 the winery owner." I am not sure the two -- 6 MS. WICKHAM: I am submitting that 7 under 100-13 it does. And not only legally and 8 technically, but as a practical matter Lieb will 9 have pretty much exclusive control over that area 10 for a very long-term leasehold basis. 11 MS. TORTORA: Why doesn't Mr. Lieb 12 purchase the property from Mr. Palmer? 13 MS. WICKHAM: The lease gives Mr. Lieb 14 the opportunity to purchase the property. In order 15 to do so however, this is in the lease, the 16 property would have to be subdivided from the 17 remainder of the farm, and that would have to be an 18 approval by not the Health Department and the 19 Southold Town Planning Board, but also the County 20 Legislature. That is provided, there is a 21 mechanism for that in the lease. I think it is a 22 very long-term process and it is not something we 23 want to incorporate into this application. 24 MS. COLLINS: Does the lease, in fact, 25 not say, "Were all those things to happen, that FREELANCE LI, INC. COURT REPORTERS Appeal No. 4605 97 1 2 Mr. Lieb is obligated to purchase?" 3 MS. WICKHAM: Yes, he is obliged to 4 purchase. I am sorry, you are correct. There is 5 also, if I may answer your question a little 6 further, a right of first refusal between the two. 7 So, should the vineyard property ever be sold as a 8 whole, the remainder of the vineyard property will 9 be a provision for him to become owner should he 10 exercise his right. 11 THE CHAIRMAN: Thank you, we would see 12 what develops throughout the hearing. Is there 13 anybody else who would like to speak in favor of 14 this application? 15 MR. COLEMAN: James Coleman, against 16 the application. 17 THE CHAIRMAN: I want to do the 18 approvals first. Is there anybody else who would 19 like to speak in favor of this application? 20 (There was no response.) 21 THE CHAIRMAN: Is there anybody who 22 would like to speak against this application? 23 MR. COLEMAN: A lease, in my mind, 24 does not constitute ownership. Mr. Lieb and 25 Mr. Palmer could have a lease agreement and he FREELANCE LI, INC. COURT REPORTERS 1 2 3 4 5 6 _7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 98 could break it within a matter of a few days, and there is no way that this Board would even know that he broke the lease. So I don't see how it constitutes ownership at all. That's all. MS. WICKHAM: As I said before, this is not an uncommon context in more sophisticated real estate transactions. And when Mr. Lieb is going to be investing thousands of dollars into this property and this project, it wouldn't behove him to merely break a lease. It is part of an overall project. MR. COLEMAN: Apparently, if he's not buying the vineyards and Mr. Palmer is going to be cultivating the grapes, he doesn't need that property for himself anyway. He just needs it to get the approval of this Board, that's all he needs it for. He doesn't need it for himself. THE CHAIRMAN: Thank you. Is there anybody else who would like to speak against the application? MS. RUDOLPH: Dawn Rudolph. I worked for Recker (phonetic) for 15 years. I worked for Bob Palmer for about six months. Let me just tell you about this lease agreement here: The parcel FREELANCE LI, INC. COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 99 that's right behind the barn that they wanted to turn into wine storage is four acres, the Chardonay right behind there is nine acres, then and there is a three -acre plot over to the left. If they want ten acres, they are going to have to split these parcels up, if you understand what I mean, to get ten acres. When the guy is harvesting the grapes he would have to say, "I have to stop here because this is ten acres of the Lieb property.11 I heard rumors a couple weeks ago that this is what he -- was going to happen. I am still in the winery business so I hear a lot that's going to go on. I heard that this would come up, that they would try to work this lease agreement. I also know from Palmer Vineyards that they like a lot of Chardonay because they have a good market for Chardonay, and I do not believe that they are going to give up any of their grapes for Chardonay for Mr. Lieb. He has his own vineyards there. This is all something to get around the ten -acre thing. I have other qualms because of John Binges' (phonetic) house, which is right directly FREELANCE LI, INC. COURT REPORTERS Appeal No. 4605 100 1 2 in front of the barn that they want to convert into 3 wine storage. I don't know if you want me to go 4 into what John's objections are now? 5 THE CHAIRMAN: No, let John voice his 6 own objections. 7 MS. RUDOLPH: Also, other things about 8 the traffic and stuff like that. Now that they 9 have drawn this lease agreement up, I just want you 10 to be aware that it's not -- on that farm there is 11 not any parcel that is directly ten acres. They 12 would have to take four acres from here, certain 13 acres from there and there, to make up ten acres or 14 more. I just want to let you know about that. 15 MR. DINIZIO: Is that lot behind there 16 subdivided? I thought it was all one lot? 17 MS. RUDOLPH: Well, it is, but each 18 parcel -- like there is four acres of Chardonay 19 that are here, then there is a road, and there is 20 another parcel -- if you think about it, it's 43 21 acres of grapes, but each parcel is a certain 22 amount of acreage of grapes. They do it that way. 23 THE CHAIRMAN: You mean different 24 types of grapes? 25 MS. RUDOLPH: Yes, but that first 20 FREELANCE LI, INC. COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 101 acres is all Chardonay, but it is not exactly ten acres. There is a four acre block that's separated between a road here, a service road here, and service road there, so that's one parcel. In the winery business that's four acres. And then the parcel right behind that, which Lieb's call "Chardonay south," that is a nine -acre parcel of Chardonay grapes. Then there's the one that's right next to the Coleman house, which is almost three acres, and then a smaller one that's right behind that, that's one acre. So if he says he wants to take ten acres, all these have to be kind of split-up. It is not ten acres of grapes per say. In the scheme of things it is not. It would have to be, if he is going to lease ten acres he would have to take another portion of some of the acreage either on the left-hand side or on the north side. THE CHAIRMAN: Is there anybody else who would like to speak? MR. LIEB: First of all, Mr. Palmer harvests all my grapes, 36 acres on Oregon Road. And yes, he does like Chardonay, but I also happen to have 13 1/2 acres of Chardonay myself. If I FREELANCE LI, INC. COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 102 take 3 1/2 acres or four, of which I am leasing, I can give him some on the other side. I was listening to the semantics, and the ones behind, on the lease, would probably be the ones that I would use in the winery, and some that I have on Oregon Road, I would sell him some of that because he clearly doesn't want to give that up. I think she is trying to determine blocks. To answer your questions, Mr. Dinizio, this is not subdivided, this is one piece. And one of the things that we would do in this long-term lease is that we would probable start the process of going to the Suffolk County Litigation to get a subdivision on this somewhere down the road. But again, it is going to take a long period of time. It is a 99 -year -lease: I wanted to get this question about, "A harvester stopping because of the lease starting here," answered. THE CHAIRMAN: Mr. Lieb, you know my opinion of you and your family; I stated it on the record. Why is it so important of having this winery on, not only this specific location, but on the Main Road? Why is that so important to your FREELANCE LI, INC. COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 103 family? If you want to answer the uestion. MR. LIEB: Yes. Becaull e basically my idea of the winery is not going to be high volume, or higher volume, like all the othei wineries, or proposed wineries. My production would probably be small; somewhere in the three or fo r thousand case range. I want to sell it retail. I don't want to get into distribution, selling to a lot of restaurants, liquor stores and whatever. I really just want to have a retail distribution. I am not going to get involved in weddings a�d having big events in the evenings and that typr of thing. My time with my family is too important. It is not going to be a big event. And I know there has been problems �ith certain wineries with the noise level, this and that, and I am sensitive to neighbors and things like that. What I want is basically a small, retail operation, all volume, premium lines, to be s ld strictly retail. I have enough acreag( to produce what I want to produce looking to buy 20, 30 or 40 differ want it in Cutchogue because my fi FREELANCE LI, INC. on Oregon Road I am not int acres. I lily is in COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 104 Cutchogue, and I live in Cutchogue, and my vineyard is in Cutchogue. When you look up and down 25 there is very few spots. I know there are a couple of spots on 48, but I feel that 25 is really the main spot, and that's where the wineries are. I hope that answers your question. It would be small, and the building would be small. It is not going to be that large of a building. THE CHAIRMAN: The other question is: Could you explain to the Board why people who have larger wineries end up -- or why you contract with them to harvest your grapes? MR. LIEB: It is a very simple question. It boils down to what we talked about; it is economics -- equipment. To buy a harvester is about $135,000.00 or $140,000.00. You can buy them for a lot less but you can do some damage to the vineyard. We have also hand -harvested grapes, at a big expense; you have 30 or 40 people out there harvesting. It is a lot of work and we still do some type of hand -harvesting, but the Palmer Vineyard's machine harvested most of the grapes. He has got a good machine. We like the machine, FREELANCE LI, INC. COURT REPORTERS 1 2 3 4 5 6 Fl 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 1 105 how it operates, and the operator o that machine. It is back to the economics situation. That's why we do it; machine harvesting. When that question came up, "If we are going to stop h re because of the lease," that's irrelevant. MS. COLEMAN: Christin Coleman. If Mr. Lieb is having a very small, retail operation I don't see why he would have to put it on a main road. Why can't he put it on his o n property? If economics is such a big issue, why does he want to spend more money on a piece of property, with a 99 -year-old lease, and all these of er problems? If all he wants is a small, retail operation why does it have to be at this particular place? THE CHAIRMAN: You don't have to answer that question. MR. LIEB: It is a ve y simple answer to the question: All I have to do is stand there and look at traffic flow on Oregon Road versus Route 25. If you are going to do retail, you're going to do it small, you want to operate where the flow of traffic is, which is basically on 25 where the wineries are. There are some on 48, but mostly they're on 25. There is zero traffic on Oregon FREELANCE LI, INC. URT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 106 MS. COLEMAN: That's exactly what the problem is. This location is a dangerous location, Mr. Lieb, it is not a good location. The location of this winery, the traffic flow is actual one of the things that I object to. This particular parcel is not a straight away like Pindar, or even like Palmer is in Jamesport. It is limited sight, people are -- they are supposed to slow down, but they don't. I know because I live there, and I have to try to get out of my right of way, which is right on the top of the hill. It is going to be a danger for me and the children that live in the area. These people, when they go wine tasting, they just don't taste the wine and spit it out, like most of us do. When I see them at the end of day, when they're done wine tasting, they are inebriated; not all of them but a good portion of them. That's my major concern. THE CHAIRMAN: We are not trying to make this a counter productive issue here. MR. LIES: I would say that my counsel is jumping for me not to answer this. This is a FREELANCE LI, INC. COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 107 step—one process. This is going to be a lot of site work that has to be done. It is a dangerous area simply because the people that got killed there last year -- I believe there was a deer that jumped out. MS. COLEMAN: That's n't true. MR. LIEBe The site would be developed properly. MS. COLEMAN: To develop that portion properly he would have to fill it i�. Part of that property is wetlands. In the southeast corner it is wetlands, that would have to be filled in. That's probably where he would have to put the driveway or somewhere, I don't know. I didn't see the plans, where exactly they are applying for the driveway, but I would assume that it would be nearer to the Pugliese Vineyard thn further. THE CHAIRMAN: Take a look at this proposed site. MS. COLEMAN: This is the wetlands are on the property, E entry for the driveway would be. ] that this is east. exactly where xactly where the am assuming MS. WICKHAM: The wetlands area that FREELANCE LI, INC. REPORTERS Appeal No. 4605 108 1 2 she is referring to is not on that map. It is over 3 a hundred feet east -- I would have to refer to my 4 notes (perusing notes) -- next to Mr. Pugliese's 5 property. I want to clarify that. 6 THE CHAIRMAN: Mr. Pugliese? 7 MR. PUGLIESE: Being that they are on 8 the wetlands subject. If you are on the sidewalk 9 over here and you look down five feet, part of that 10 in there and towards the back, after that hundred 11 feet, is wetlands too. You dig down, as you see in 12 my letter, that is an old drainage area there. If 13 you dig down one or two feet you're going to hit 14 water. How they're going to put catch bases in 15 there, and get permission from the Environmental 16 Protection Agency, is beyond me. 17 Second of all, this 3.5 acres, 18 whatever it is, it's a parcel that I think it is 19 ridiculous to put a winery in. It is a bad spot 20 like they stated. I come out of my driveway, and I 21 am at the bottom of the hill, when I make the turn 22 I look in the rearview mirror, that's the first 23 thing, because they come barreling right back at 24 me. This driveway is going to be up further -- 25 more up the hill. It is a very dangerous FREELANCE LI, INC. COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 situation. 109 As far as the subdivision of the 40 acres that was stated at the last meeting by Ms. Wickham, that Suffolk County do s not permit a subdivision of 40 acre -- property that has been deemed farmland preservation. I believe you stated that at the last meeting. Second of all, the same situation that Lieb is in, I was in a few years baL. My parcel was three acres and I wanted to put the winery there. The Planning Board, the Zoning Board, they said, "You can't because you don't lave enough room." At that time there was no law saying that it had to be ten acres. The law was passed in 1994 on a ten -acre parcel. I was made to connect my back property by a ten -foot strip so it would be continuous and it would be one parcel. So from t o parcels I ended up with one parcel; which I an understand now why the Zoning Board and the P anning Board made me do that. Because putting i iineries on small parcels isn't the right thing to do. As far as leasing is concerning, that is a gimmick. You know it and I kpow it. This is FREELANCE LI, INC. REPORTERS T 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 110 like trying to wash our face. I can lease 20 acres right in back of my winery. That was supposed to be an 18 -acre subdivision and I was going to be part of the 18 -acre subdivision. I pulled out of it. I said, "I wanted the open space." Not only that, the guy that I was partners with, Mr. Calbreeze (phonetic), he went ahead and applied for a nine -acre subdivision -- a nine -house subdivision. I convinced him not to do that now. If I needed nine, or ten, or 20 acres I could lease it from him at any time. It was out of the question, it was ridiculous. As far as the covenant, I asked that at the time, you didn't want a covenant either. You wanted me to be connected to my vineyard. If it is good for me, it should be good for him. You treated me one way, treat him the same as you treated me. THE CHAIRMAN: Thank you. MS. WICKHAM: I just wanted to very briefly address two point: One was the harvesting issue. There is nothing in the code which says that the owner of the property has to harvest his own grapes. In FREELANCE LI, INC. COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4605 111 fact, as Mark mentioned, it is very common that other owners permit other vineyards to harvest their grapes. In fact, it is common in the agricultural industry out here. In general, there is a very large percentage of farmers that lease other properties for agriculture, and there have been cooperative arrangements between Palmer and Lieb on the grapes for years that Mr. Lieb mentioned. The lease is not a gimmick. A long-term lease agreement is an ownership interest in property. Hopefully you feel this way when you review this more with the Town Attorney. We can clarify that issue. THE CHAIRMAN: Thank you. Mr. Pugliese, and then we're going to wrap this up. MR. PUGLIESE: If you didn't make me lease it, I can't see how they're going to make someone else lease it. That's all I want to tell you. THE CHAIRMAN: Thank you. In the interim, between now and December 10, Ms. Wickham, we would take the letter and we would appreciate you coming in and getting a copy of it, or we could FREELANCE LI, INC. COURT REPORTERS 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 Appeal No. 4634 112 afford you a copy of it. I have all intentions of fairly limiting the hearing on December 10, if the Board so goes along with it. It's up to the Board, if they want to close it, we would close it. I would rather leave it open until December 10th. In that respect then, what I would do is, I would close the hearing as to verbatim testimony. And just as a matter of course we would close it on December 10th. MS. COLLINS: I think we should close it to testimony. THE CHAIRMAN: We would close it to verbal testimony. That means you could still reduce it to writing. MS. COLLINS: I would then make the motion, so moved. THE CHAIRMAN:, I second the motion. All in favor? (There was a positive response from all the Board Members.) THE CHAIRMAN: We thank everybody for coming in and for the curtesy. The next appeal is Shembri Homes, Appeal Number 4634. This is a request for a Variance under Article III, Section FREELANCE LI, INC. COURT REPORTERS " Page 57 - Hearing TLaAscripts September 24, 1998 - Board of Appeals 9:06 p.m. - Appl. No. 4605 - PALMER VINES, L.L.C. This is a request for a Variance under Article III, Section 100-31A(4) (b) for permission to construct Winery Building and establish Winery Use on a 3.619+- acre parcel, known as 34995 Main Road, Cutchogue; Parcel 1000-97-1-11.4. CHAIRMAN GOEHRINGER: I have four letters in the file opposing and I have a survey indicating as such indicating the entire site plan area and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Ms. Wickham, how are you tonight? ABIGAIL A. WICKHAM, ESQ.: I'm fine, thank you. Good evening, my name is Gail Wickham. I'm representing the applicant who is actually Lieb Vineyards as Contract Vendee. We took the liberty of borrowing the Justice Court sign - it reflects to a large extent I think the map is entirely ( ) . I would just like to take a minute to introduce a parties that can explain the relationship: We've been - Lieb is the applicant and Mark Lieb is here with me together with his architect Steelman. He is the Contract Vendee of the 3.6 acre parcel. Palmer Vineyards is the owner of that parcel and also the adjoining into 53 -acre farm to which the Development Rights had been sold. Palmer acquired both parcels from Ressler in 1986 who had acquired the entire parcel or complete 3.6, I think it's 3 acres from the Robinson family in 1983. So Robinson had subdivided this, their farm into two parcels on the Main Road containing the two houses, the 3.6 acre parcel contains an agricultural building, and the 53 -acre farm to which they sold the development rights to Suffolk County. The sale of the Development Rights was in 1979. The 3.6 acre parcel includes at the north up to 50 feet of vineyard which I wanted the Board to be aware of because that will remain ( ) , so the asphalt area up there is bigger than it looks when we on the field itself. The proposed agricultural building on the west will be for farm equipment and not specifically for ( ) . The critical issue we have here for this variance is only from the requirement as to the ownership of the acreage. It's not a variance to put a winery parcel on this parcel. A winery is permitted on the parcel without a variance but is from an owner. We're asking that instead of the vineyard owner to the north have the clear right to construct the winery, that it could be another vineyard owner whose acreage is near but not adjacent to this parcel. We would be agreeable to a Restriction that the ownership of this parcel be the same as or at least that the principals be the same as the vineyard owners' other property in Cutchogue, and it would be the only variance that we anticipate using in respect to this property. The building will be a small building. Less than 5,000 sq. ft., between the two floors. The lower is to be built into the hillside. We'll adjust the design which is the rest. The basis for the variance is really two -fold. While the ownership of the winery parcel and the adjoining farm are different, the use of the farm parcel as dictated by the Development Rights description and the fact that there is a vineyard on it accomplishes the purpose of the 10 -acre requirement, that a small parcel with a winery use is not being used in isolation from the complimentary farm uses - Page 58 - Hearing 1 _-_iscripts September 24, 1998 - Board of A CHAIRMAN GOEHRINGER: Could can't hear you. MS. WICKHAM: Oh, I'm sorry. little better? CHAIRMAN GOEHRINGER: Yes. T MS. WICKHAM: While the ownersh adjoining farm parcel would be difi parcel is dictated by the Developme: that it is an insured vineyard. Th the 10 -acre requirement was designe a winery not be used in -isolation f other words, you don't have just. winery around it in isolation from so'. CHAIRMAN GOEHRINGER: So what to covenant this_ parcel and the c Oregon Road? MS. WICKHAM: We would be wi] have here a farm directly adjoinir to be the vineyard. It's going we're not having just a little pie a winery with no other vineyard rE CHAIRMAN GOEHRINGER: OK. MS. WICKHAM: The second basis that the Liebs owned and opera community at the other end of Bri what we would like to consider a winery. The reason we can't com] 1979, long before that acreage rE 3.6 -acre lot was created by the P think are now objecting to this va land cannot be subdivided. The C not consent, or the Planning Board that can be accomplished. The fact consider here are long that we tb would be hopefully we'd be able tc your concern with the Board of Appi First you have to address undesirable change in the neighbor permitted here, it's not an issue. the winery were the same, it cou residence could be a winery. acreage and will not probably char thing that you are charged with in any alternatives to this proposal. concludes a larger parcel of be: winery. The third question is wh, restate that, Gail? We really you want me to use the mike a you. p of the winery parcel and the Brent. The ,usage of that farm it Rights restriction and the fact it will accomplish the purpose of 1 to do. That a small parcel for ^om some sort of farm land. In L little piece of property with a -t of agricultural usage. 're saying is that you're going parcel that Mr. Lieb owns on to do that as well. We also the winery piece that it's going look like it's all together. So cut out. It's just going to be ed use around it. for the variance is, as I said, ed the vineyard at the same dge Lane which will provide for complimentary farm usage to the )ly with the 10 acres is that in quirement was established, that obinson family, some of whom I ,iance. The Development Rights ounty Legislature I'm sure would ( ) . So that is not something is that the Board is required to Ink that in considering them, it adapt our particular problem to whether there would be an ood. The use of the winery is T the ownership of the farm and d be a winery and the Palmer the variance itself is to the ;e in that regard. The second considering is whether there are The Development Rights sale ig created to accommodate the then the variance is substantial. Page 59 - Hearing T - - scripts September 24, 1998 - Board of Appeals We have designed a small building which Mark will address in a minute with a lot coverage would be less than 5-1/4%, that would be 20%. Moreover, the adjoining 53 acres, being right up against the property dedicated to a vineyard really minimizes the impact of the effect, that there is a small parcel on one acreage vineyard than would otherwise be, and it creates' a unique situation. So this prevents, I think, the undesirable precedence that you might want to avoid, a winery on a small parcel without its supporting farm which was, which the ordinance was designed for then. Another thing that you have to consider and this is obviously very important to us, as well as the adverse affect that this might cause; and there are several, issues that I'd like to address encompassing a response to some of the concerns expressed by the neighbors in these letters that you've received. The first, of course, is the issue of traffic. That is something obviously that will have to be addressed by the Planning Board and Department of Transportation. As I said, since the winery can be -built here there would be traffic anyway. It's just the question of the ownership. One thing I think that you should be aware of if you're not is that Mattituck School is in discussion right now with the Department of Transportation and the Highway Department to put up flashes going in either direction in front of the school at times when traffic would be bad. So,, that will be a positive impact. Not only that, the primary weekend, that winery hours would be on weekend while the school is not in session. Although we all remember that as being a difficult curve when you actually do go out there, as you come eastward, I sorry, westward in front of the school, there is a a fairly good line of sight. It's the westward direction that we'd normally be concerned about and from the top of this hill if you actually go out and look, there is a very long increase of visibility to where that driveway (changed tape) much better than the impact from the again ( ) would be difficult, and also I think that the traffic light while we may not like it, does have the impact of slowing people down a bit. There have been accidents there we know in that whole stretch, not necessarily this particular area. It's unfortunate a fatality was caused by a deer coming out in the road which could occur anywhere out here, but certainly the over -grown dense woods have, it would have been a recorded fact as you know. Another thing on the traffic that I think is important that the Board recognize is that there is over 160 feet from where this driveway would be or from the easterly boundary of this property to where Mr. P.ugliese's driveway is, so it will not be right up against them. There will be a separation, two driveways with the, same usage. Another issue that was raised by some of the neighbors was the fact that this would now be a business that would be conducted in their neighborhood. Well, first of all, an agricultural business is permitted in this zone, and as I said a winery would be permitted on this parcel. The fact that a business will be created is not something that is created by the fact of this particular variance. Moreover, I noticed that the neighbor, that one of the neighbors Page 60 - Hearing '1-.iscripts September 24, 1.998 - Board of Appeals who objected has a sign posted on their property advertising a business. So I don't think that that particular -argument is something that should be a problem here. It's something that we will address with the Planning Board. Another issue with traffic has to do with the fact that we are interested in keeping the traffic on the Main Road as opposed to up on Oregon Road where Mr. Lieb could build a vineyard, well a winery, excuse me. Obviously he doesn't want to see a lot of traffic up there, but I think if there were traffic up there, it would be for his benefit if he had a winery there. The detriment would be to the other people that live up there. The other people live on Bridge Lane and Oregon Road and that's what we were referring to in our statement that that would be a bad location for - a winery. The fact that there's traffic on the Main Road, well, it's already there. That's where the people are. - We don't feel that it makes sense to divert something tip north to a, say, a residential community. There were some environmental concerns that were also raised, and I want the Board although you may be aware to be advised, that the, there was actually another business conducted on this property years ' ago besides a farming operation, and that was that there was a commercial sand pit .for mining operations conducted in the low area to the west of, this property between Palmer and Pugliese's property in the thirties and forties which was quite a magnitude, and that had a lot to do with sweeping out and creating some of the low areas in there now. As far as other environmental concerns the Liebs are going to give a lot of considerations about what they do their development in terms of trees and what type of clearing, will be accomplished. We also will have to consider some aesthetic things such as screening of the neighbor's property which is somewhat of an eyesore at this point. We will also be considering removing four or five traffic poles on the front of the Main Road in order to put -utilities underground which will be not only an aesthetic improvement but probably a considerable safety improvement as well. The fifth factor that the Board must consider and that's the last one fortunately is whether the problem was self-created, and it was ( ) before, and it was done that way in 1979 era. Just briefly addressing the building, Mr. & Mrs. Lieb think if you need further questions clarified, their architect can answer. The building will have a maximum of 5,000 sq. ft. of which the sales will be about 2,000. Most of the building, about 3,000 will be for fermentation and winery area. The accessory building in the back will be for farm equipment. The existing farm that is there now will be re -sided and used for storage and case wine most likely. The building will be very nicely designed. In conclusion I think there are bona fide reasons we have related to an ongoing agricultural operation that's a justified Page 61 - Hearing T.-.-_,_,E;cripts September 24, 1998 - Board of Appeals experience and we'd like to answer any questions that you may have concern. CHAIRMAN GOEHRINGER: I have to tell you, Ms. Wickham, that I was never with that interpretation that you couldn't sell a piece of development rights property. I have to tell you, I just - MS. WICKHAM: You couldn't subdivide. CHAIRMAN GOEHRINGER: Yes, you couldn't subdivide. I mean when I, that very simply means that you can't build anything on it, but you could not sell a portion of development rights property? MS. WICKHAM: When you sign a contract with the County and I think the Town does the same thing, before you can even get to the deed, there is a Covenant in the contract, that the underlying fee to the property in which the Development Rights are sold, cannot be subdivided without the approval of the Town and they're not anxious to do that. I think significant hardship here would be to try and get the approval of the Town Legislature to do that. It's not something that I'm even aware that you a can subdivide it by operation of law. I think if you leave your farm to your family. There are certain exceptions to that rule. But, generally you're not permitted to subdivide it. Nor would the Planning Board of this Town in any way encourage a pending subdivision with development rights. They don't like to see farms split up to that. If I could speak for them I think that's how it's done. CHAIRMAN GOEHRINGER: You have a question? MEMBER TORTORA: No, I just of the 53 acres of the Palmers that are sold on it, are they to the east? CHAIRMAN GOEHRINGER: North. MS. WICKHAM: In fact what I'd like to do, if I may give the Board a copy of the Development Rights deed that shows the transfer was in 1979. And I also have which might help you, I have a copy of a map that was done in, I think in 1996. It's not a very good copy, it's reduced and rephotod but that shows, excuse me, this little piece here is our piece, and this is all the vineyard up here, except for that wooded area and all of the Development Rights have been sold to that. Here's the deed. And as you can see from the map, that is us right there. It starts right here and goes all the way up. So this parcel is really this point going to be tucked right in front of that whole farm. MEMBER TORTORA: What's the other document, Jerry? CHAIRMAN GOEHRINGER: A survey. OK, this is the only rendering that you have- which is the map of the building at this point? Page 62 - Hearing - .- zscripts September 24, 1998 - Board of Appeals MS. WICKHAM: Yes, they obviously didn't want to expend a lot of time on the design of a winery until we got over the first hurdle here. But this is a rendition of where they think the building would go, and it's really because of the contours and the layout of the property, it's the logical place to put it. CHAIRMAN GOEHRINGER: OK. Thank you. Member Horning, any questions? MEMBER HORNING: Well, I was pondering in my own mind, what the difference would be if in fact the Palmer Vineyard developed a winery and leased it or subleased it to these people rather than them leasing the property and building their own winery? MS. WICKHAM: Mr. Lieb can probably answer that. CHAIRMAN GOEHRINGER: Just state your name Mr. Lieb. MARK LIEB: I'm Mark Lieb, owner of Lieb Vineyards. It's an interesting question, we talked about it in the past, but we really have our own design you know, we bought a family owned operation, we bought the vineyard in 1992, we expanded in 1993, and we built a home there in 1994 and we now live there permanently as well as our family. We want to do something very small and very unique. We are not into generating large amount of case sales. We want to. do small and not a very high end certainly we want to do it and we have spent a lot of time touring Napa Valley and living in California for a while and, we have certain ideas of how we want to do it, a very small, very unique on a scale like our home up in Oregon and over Bridge Lane, so we're familiar with it. Mr. Palmer has built a wonderful operation down in Aquebogue and his ideas of the winery are a little different than ours but, we talked about that but ' really because we own a vineyard right down road of Bridge Lane we have our own ideas what should be done. Like I said, it's something we talked about but, we really weren't going along on that, and we are ( ) that piece ( ) very successful up in Oregon Road. CHAIRMAN GOEHR.INGER: Thank you. Any other questions? MEMBER HORNING: Nothing. CHAIRMAN GOEHRINGER: Mrs. Tortora? MEMBER TORTORA: Going back to the Development Rights on the parcel to the north, I know that you can't subdivide them, but I also do believe that you can transfer them if it's agricultural use to agricultural use Development Rights are sold between farmers and farmers. Have you ever considered trying to acquire the Development Rights to another 6 or 7 acres to makeup that 10 acres? MS. WICKHAM: No. The Development Rights to this parcel to the north are sold to the County. I don't know that there is an effective Development Right sale method available at this point. D Page 63 - Hearing T:..scripts September 24, 1998 - Board of Appeals MEMBER TORTORA: I'm not 100% sure there is, but you know if you had inquired about it. MS. WICKHAM: I'm not aware of one. I know, the Town has worked on it for a long time. I don't think they have ever established anything. MEMBER TORTORA: I don't know if the County does. I know that MS. WICKHAM: No, I don't believe the County does. MEMBER TORTORA: That Townsend discussed - MS. WICKHAM: Other than those Pine Barrens. They do have some mechanism with Pine Barrens. CHAIRMAN GOEHRINGER : They do give credit or they - MR. LIEB: Yes, they give credit. CHAIRMAN GOEHRINGER : Ms. Collins: MEMBER COLLINS: Could I just ask a couple of questions about the business? MS. WICKHAM: Certainly. MS. COLLINS: You mentioned 36 acres. Is that the acreage of the vineyard up on Oregon Road? MR. LIEB: Yes, it's 35 acres (and ) . MS. COLLINS: OK, now, are you making wine? MR. LIEB: Currently we are selling our grapes to Palmer. MS. COLLINS: You are selling grapes to Palmer and they are making wine under the Palmer name and not under your name? MR. LIEB: Under the Palmer name. Today we are selling the grapes to Palmer and one of our varietals is made with the leaf in the ( ) . This year we're going to ( ) start some of our own wine. From the bulk of the grape sales we started will go to Palmer. MS. COLLINS: So your goal here then I guess is that you want a winery because you want your own label. MR. LIEB: Well. MS. COLLINS: You want to control the wine making? MR. LIEB: Well, the answer to that is yes, but it's a little more, it's a little longer answer than just yes. The real fact of it is Page 64 - Hearing Z runscripts September 24, 1998 - Board of Appeals for everybody sitting on the Board, it costs about $18,500 to bring a vineyard into production, not including the cost of the land. If you raise it properly according to the soil in the Cutchogue area which you can get per ton, for the tonnage per acre, you will never, ever make money on the vineyard. You will never recuperate your investment. So in essence that's why there are not a lot of grape growers in this area. They just cannot make money. It's a constant battle. CHAIRMAN GOEHRINGER: Point of question. You're talking $18,500 per acre. MR. LIEB: To bring it into production. CHAIRMAN GOEHRINGER: Per acre? MR. LIEB: Per acre .not including the cost of land. You're talking about the vines, irrigation, the trellis, the labor. It takes three years before you've got a production. CHAIRMAN GOEHRINGER: Sure. Anything else, Ms. Collins? MEMBER COLLINS: No, I guess I was asking the question just to get something in the record regarding why you want to build a winery. I mean you said, you gave us part of the answer before when you were asked had you considered moving sand in effect from Palmer and what you said, you wanted to be the master of your own fate, and I - MR . LIEB: The answer is yes. MS. COLLINS: And I was trying to expand that to get a sense of where you stand with respect to being the master of your own fate or the fate of your grapes, I guess. MS. LIEB: Yes, I mean, they can be the grapes are raised. This vineyard is a little bit unique. It was planted by the Mudds back in 1982-83. That's when the older vineyards were around when we acquired it in 1992, we put a lot of time and effort into it and a lot of money to the vineyard; and we've now, even people we've been selling the grapes to besides Palmer have made some very good wines and ones with ( ) , and we've I guess we have toured both France and California successfully and we have some ideas. We're not looking to be the Pindar or Lenz, that use 8-9-10,000 cases of wine. This is going to be very, very small. The 36 acres that sits up on Oregon Road will produce approximate 6,000 cases if we were to produce the whole thing. We will most like produce about half of that unless they were to be sold out. So again, we want to keep it small, very super ( ) . MEMBER COLLINS: Thank you. CHAIRMAN GOEHRINGER: Member Dinizio? J Page 65 - Hearing Transcripts September 24, 1998 - Board of Appeals MEMBER DINIZIO: No questions. CHAIRMAN GOEHRINGER: OK, do you have anything else, Ms. Wickham? No, OK. Is there anybody else would like to speak in favor of this application? Anybody like to speak against the application, starting on this side of the room? Yes, Ma'am, just state your name. MS. KUHLMANN : My name is Christine Kuhlmann. I am the property owner of 200 Den-Kel Lane which is on the, it would be just west of the proposed site. I just wanted to bring some pictures and show you exactly where they're proposing to build the winery in case you haven't seen it. This is from the top of my driveway. This is from the other side of the street. This is from the top of the hill. The one where the site distance is terrible. This one by the school and this is the view of the winery from my kitchen where they propose the site. CHAIRMAN GOEHRINGER: Anybody else would like to see these. We can take a short break. Thank you. MS. KUHLMANN: Well I have something I want to say. CHAIRMAN GOEHRINGER: OK, I'm ready. MS. KUHLMANN : Alright. I thought you were just cutting me off. I'm sorry. CHAIRMAN GOEHRINGER: No, I didn't know that you were going to say anything. MS. KUHLMANN : Well if Development Rights were sold in 1979 as they are, while it's true that Palmer could build a vineyard there, they probably wouldn't build a vineyard there because they already have one in Jamesport on the old highway. There would be undesirable changes as you can see there's really nothing going on back there although there's a small garage. A winery would bring people. It would bring people drinking, possibly wine, so that's alcohol consumption. It's noisy. A lot of the vineyards now are having weddings and parties and jazz on the weekends and stuff like that so that would disturb all of us in the neighborhood. The adverse, I mean if they're going to be selling alcohol out of this winery, that's going to be affecting people on the Main Road. There's going to be fatal accidents, I don't know whether you're aware of two local women were killed in February of this year there. As far as the business sign, the business sign is that one of the neighbors has a pool cleaning business. He doesn't have people coming into the backyard or driving onto the property. They drive by, they take the number down, and they call him and then he goes to their house. Obviously they're not going to come to his house to get their pool clean. I believe that this was self-created because Mr. Lieb could put a winery or whatever, on his own vineyard on Page 66 - Hearing Z ,. aascripts September 24, 1998 - Board of Appeals Oregon Road. Why he wants to, he doesn't want it in his backyard but he wants to put it in my backyard is the way I see it. I think that's about all I have to say, thank you. CHAIRMAN GOEHRINGER: Thank you, Mrs. Kuhlmann. Anybody else from the center? OK, on this side of the room? Mr. Pugliese? RALPH PUGLIESE: My name is Ralph Pugliese from Pugliese Vineyards. I am definitely opposed to this whole variance application for the simple reason that it is a 3 acre parcel. And the Town Code requires at least ten acres for a winery to be operated and it has to be in conjunction with the vineyard, and it has to be contiguous with the vineyard. In 1992 I applied to the Zoning Board and the Planning Board for a variance to open my winery. But apparently my winery was separated from my parcel with land too. What I had to do was connect the two parcels together and make one parcel. So by making it one parcel it was a 22 -acre parcel then, which conformed to the Zoning Board and the Planning Board's wishes. But, at that time there was no law stating that there was a minimum of 10 acres. The law on the 10 acres were passed in 1994, and the law states that 10 acres is to be devoted to vineyards which is owned by the winery owner on that parcel. In other words what I'm trying to say is you didn't accept it from me, and I don't think you should open a can of worms and let anybody come in with three acre parcels, four acre parcel, to have a winery. I believe, we have law, and we should stick by law. It's 10 acres and I say it should remain 10 acres and that's all I have to say. And as far as the traffic is concerned it is on a bad curve, I'm concerned because I have my winery right there too and the property isn't a very environmental sensitive piece of property because there's a lot of wetlands in there and there's a lot of wild life in there and the whole parcel is all creek. So, what I'm saying is that I think the Zoning Board should stick with the rules and regulations. The Planning Board should stick with the rules and regulations and the Town Board, if it says 10 acres and it should remain 10 acres. That's all I have to say. If I had it, if I had to merge my property to make it 10 acre to make it a 24 acre parcel to put my winery, I don't think we should let other wineries come in and open a winery unless they have the 10 acre minimum requirement. Otherwise you're going to open a can of worms and before you know it, you're going to have plenty of applications here, a 3 -acre parcel here, a 2 -acre parcel there, a 4 -acre parcel here and you're going to have your hands full and that's the next step that's going to happen. As far as the Liebs are concerned, I think they're a real asset to the Town of Southold. I think they're very nice people, and they keep the open space and they have a vineyard which you know it's nice. The thing is we can't start allowing small parcels to become wineries. As far as Palmer is concerned, Palmer's is one parcel. This is going to be another parcel. If Palmer wants to put a vineyard there, a winery, that's his business. The only way he's going to build it, he's going to have to change his winery. He's going to have to merge. I don't know if he could, the 3 acre parcel with the 40 acre V Page 67 - Hearing T scripts September 24, 1998 - Board of Appeals parcel. But as far as anything else, the law is 10 acres and I think it should remain 10 acres. That's all I have to say. CHAIRMAN GOEHRINGER: Thank you. Anybody else on this side of the room. Yes, Ma'am. DONNA RUDOLPH: My name is Donna Rudolph. I'm kind of here two -fold. I am the property manager of John Binns who owns the house that is the eye sore. It's being rented right now. The owner lives in California. He has written you a letter that he is not in favor of having this. I also worked for Ressler Vineyards for 15 years, so I know the piece of property very, very well. Ralph has mentioned that it is environmentally sensitive area. I don't know if Mr. Lieb knows that in the Springtime there's underground springs that bubble up water and that whole back thing floods. Also, when I worked for Ressler, I saw a letter from the DEC claiming that part of that property was deemed wetlands. Now I don't know whether he'll be able to build on that or not. It's a really beautiful piece of property, and I'd really hate to see it, you know, a small winery. I also agree with Ralph that you need a 10 acre parcel and Palmer is Palmers, and Lieb is Lieb, and they should be separate. You know, they're not, I don't believe that because there's Palmer Vineyards in his backyard that that constitutes a vineyard you know. It's a just a name. But that's like I said, I know that woods very, very well. I use to hike down there, I've seen the wild life. There's parks down there, there's peepers and all that would be destroyed. And they would be gone and there is a lot of open property available right now to build a winery on and put 10 acres is a grapes for five acres or whatever. And that's about all about what I'd like to say, thank you. CHAIRMAN GOEHRINGER: Thank you. Anybody else? WILLIAM HEINISH : My name is Heinisch, I live on 40 acres. During the last year, I've attended many meetings with the Architectural Review Board and the Town Planning Board. The Architectural Review Board recently on one particular winery which was estimated to cost much over a million dollars from start. The Architectural Review Board insisted upon this winery to be a minimum of 500 ft. back. I think they finally come to after many, many, meetings, I think they finally came to a conclusion of around 300 or 250 ft. back from the road. I have a neighbor who lives across the street from me that's going to build a very small winery which is a little over 1,000 sq. ft. She has to maintain a minimum setback of 150 feet. Both these wineries that I'm speaking about are in excess of 20 acres of vineyards. I don't think a 5,000 sq. ft. winery is a small winery. I believe this Board also rendered a decision not too long ago with a split acreage that was not allowed and who since then has his winery in Greenport. That's all I have to say. Thank you. CHAIRMAN GOEHRINGER: Thank you. Ms. Wickham, you had something you wanted to add? Page 68 - Hearing 2 e-_iscripts September 24, 1998 - Board of Appeals MS. WICKHAM: I just wanted to respond. Very briefly. Because I think I did address a number of the neighbors concerned in my presentation and I think that the pictures that Ms. Kuhlman gave you do illustrate the point that from Den-Kel (Lane), there is a visibility problem which does not occur when you come over the hill and further from her backyard this winery will be on the other side of the property. Whether Mr. Palmer would build a vineyard is not really the issue. He could build a vineyard, I'm sorry a winery. It is a permitted use in this district and on this property, and the fact that you have a dedicated 53 acre parcel up to it for it's full contiguous boundary is the basis for our application. Mr. Pugliese's case is a very interesting one and his was resolved by connecting with his strip. But the property that the two acres primarily adjoins right behind him which the County Tax Map shows 12.4 which is a big piece right behind him before you get to his vineyard. In fact, really there's no relationship to a vineyard that wouldn't have necessarily, excuse me, at the time where as here we do have a contiguous 53 acre parcel, so it is all contained in a composite picture. The fact Mr. Pugliese was required to create a ribbon between his bigger piece and his small piece, we can't do that, but we are willing to connect ours with a covenant which we think accomplishes the same thing plus we have the property there. Regarding Ms. Rudloph's comment, that low area she's speaking of is not part of this property. That is part of the Palmer Vineyard's property which Development Rights have been sold and that will not be touched. There may be a lot going on in there now following the cessation of the sand pit operation but that is not part of this property. And in answer to this gentleman's comment, the winery will be located back 200 feet from the Main Road and it will be much, probably about a third of the size of the winery vineyard. Thank you. CHAIRMAN GOEHRINGER: Yes, Sir. JOHN DROGEN: I'm John Drogen and I live on the property adjacent to the Palmer Vineyards, right next to John Binns' house and I want simply to voice my strong disapproval of this plan from reasons that are many that have been spoken of by Donna and by Mr. Pugliese. That environmentally, aesthetically, from the point of view of the peace and quite and the beauty of the neighborhood, for safety reasons, a very strong question should be entertained about the wisdom of this. If the Lieb people want to provide for a vineyard and for the manufacturing of wine, they have property to do it on or they can find it, but this is not the location by any means. CHAIRMAN GOEHRINGER: Thank you. I have come to a dilemma on this one. I have to tell you because we have not discussed it with the Town Attorney, and we have not done our own investigation. And timeliness is always the issue with everyone, but I have to tell you it is my suggestion that we recess this hearing without a date and let us talk to the Town Attorney, seek counsel and discuss this particular issue. And we will get back to you and readvertise it in the near future, if it's alright with you. Page 69 - Hearing T ----scripts September 24, 1998 - Board of Appeals MS. WICKHAM: Will you be closing the hearing? CHAIRMAN GOEHRINGER: No. We may want to introduce some of our own investigation, alright? I think it's to everybody's benefit to be honest with you and that's my suggestion to the Board. So I'll try to move it, OK. I'll make a motion recessing without a date for the purposes of seeking attorney/client privilege and a - MEMBER TORTORA: Would it be - I just, It would be very helpful if ;:his, I know the whole area is not flagged up, out, but I know when I tried to visit the property it's not clear to me where the property boundary lines are because it is 3 acres plus, and I would like to know where exact - MS. WICKHAM: You'd like us to flag this? MEMBER TORTORA: Yes, if you could. That would be helpful. MR. Pugliese: I have a question, Jerry. I just, I'm not an attorney. I never went to college and I honestly - CHAIRMAN GOEHRINGER: Ralph, I'm in the middle of a motion here. MR. PUGLIESE: Ola, I sorry. CHAIRMAN GOEHRINGER: That's alright. SECRETARY KOWALSKI: Well he should speak before you make the motion. MEMBER DINIZIO: Yes. CHAIRMAN GOEHRINGER: OK. Go ahead. MR. PUGLIESE: You're going to have another meeting? CHAIRMAN GOEHRINGER: Yes. We're going to have another meeting, OK, thanks. Yes, Mr. Lieb. MR. LIEB : I just want to - I know I understand the concerns of whatever. Just a couple of things I want to make clear is there is not going to be any wholesale destruction or anything. You know, I've walked that property carefully myself before considering doing this with Mr. Palmer and there's a fair amount of trees that just rotting or falling down whatever. Now, there are some very nice trees in there and every one that's decent we're going to save. Basically we just want to clean out all the old trees and shrubs that is there. As far as the pond and all that, the wetlands, again that's all on Mr. Palmer's other piece of property. We wouldn't begin start to develop that. That's segregated. CHAIRMAN GOEHRINGER: I have to tell you for the record, Sir, that in seeing your operation on Oregon Road, there is no doubt in my mind what you gentlemen and ladies would be build would be Page 70 - Hearing 'Transcripts September 24, 1998 - Board of Appeals something spectacular. The issue here is a legal question here and that's the issue that we have to investigate, OK. There's just no doubt and basically anybody that's ever come in contact with you, you know, they think you're wonderful people, alright and I just wanted to tell you that for the record for my understanding, OK. So, I'll move that motion I have a motion and the second? SECRETARY KOWALSKI: Well you haven't finished the motion. CHAIRMAN GOEHRINGER: To recess the hearing. SECRETARY KOWALSKI: You were recessing for attorney/ client privilege. CHAIRMAN GOEHRINGER: Yes. MEMBER COLLINS: For consultation. CHAIRMAN GOEHRINGER: For consultation, and we will readvertise when we complete our investigation. And so I am basically recessing it without a date. All in favor? Motion carried. See Minutes for Resolution. WILLIAM WICKHAM ERIC J BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA HUBERT F. SULLIVAN r LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 516-298-8353 TELEFAX NO 516-298-8565 December 10, 1998 JLf Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Application of Lieb Cellars, LLC Ladies and Gentlemen: MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK 11747 516-249-9480 21 DEC I e �� ,� ) "tQ J Enclosed is a Memorandum of Law in duplicate which I am submitting as part of the record in this matter. I would like to confirm that my letter to you dated November 20, 1998 has been included as part of the record. Also enclosed are: (1) an executed copy of the executed long term lease between Lieb and Palmer for the record, and (2) three original certified mailing receipts from Orlando, Bassford and Binns which were received by us subsequent to the last hearing. Given the extended nature of this matter, I would like to set forth certain conditions which the applicant would expect might be included in your approval should you grant the variance request. Since the applicant is a contract vendee and lessee, we presume that any building permit and/or certificate of occupancy for a winery would be conditioned upon the lessee or owner of the 6.388 acre parcel being the same as the 3.6f2 acre parcel. This would answer the concern of termination of the lease. Although we believe the argument that the entire parcel need not exceed 10 acres, as set forth in my November 20, 1998 letter, is a compelling one, in the event the Board construes the Code as requiring 10 acres in addition to the winery area itself, the applicant and Palmer are agreeable to extending the lease to include such additional acreage. In response to the letter of Ms. Schroeder and the NFEC, I have two comments, as the remaining issues were addressed at the hearings: 1. The application does not undermine the legislative intent of the 10 acre requirement, as more fully explained at the hearing and in the Memorandum of Law. Moreover, the Planning Board does not "determine" the best site for a building, but rather insures that it is legally situated in compliance with zoning and regulates appurtenances such as parking, etc. I doubt very much that on this parcel the Planning Board would Southold Town Zoning Board of Appeals -2- December 10, 1998 want the winery in the middle of the vineyard. Moreover, this argument would preclude use of any development -rights -sold property as part of the 10 acres. 2. The traffic issues will be addressed by the planning process, and I do not believe they are "major" within the meaning of the environmental assessment form. Certainly this small winery, of a size as described by Mr. Leib at the hearing, will not cause a major increase in traffic volume along the Main Road. Safety issues with regard to entering and exiting will of course be addressed. Thank you very much for your consideration in this matter. AAW:dmc 30/shdtnboa Very truly yours, Abigail A. Wickham cc: Southold Town Attorney, with copy of Memorandum of Law 0 BETWEEN AND DATED: PALMER VINES, LLC LIED CELLARS, LLC November /�, 1998 LEASE 794- ECE�1V'E AS LANDLORD, AS TENANT, This Lease Agreement is made on the above date between Palmer Vines, LLC, a New York limited liability company with offices at P.O. Box 612, Sound Avenue, Aquebogue, N. Y. 11931 (hereinafter Landlord) and Lieb Cellars, LLC, a New York limited liability company with offices at 14990 Oregon Road, P. 0. Box 907, Cutchogue, N.Y. 11935 (hereinafter Tenant). WITNESSETH: LANDLORD hereby leases to TENANT and Tenant hereby hires from Owner the premises at Main Road, Cutchogue, N.Y., being part of SCTM#1000-97-1-11.2, containing 6.388 acres, together with the improvements thereon (the Premises) which are more particularly described herein, on the following terms and conditions: 1. PREMISES. The Premises consist of 6.388 acre parcel bounded and described as follows: Beginning at a monument on the northerly side of Main Road, at the southeasterly corner of land of Landlord on which Tenant has an option to purchase, and running along said lands (1) N. 44 degrees 24' 10" W. 426.33 feet, and (2) S. 46 degrees 27' 00" W. 629.89 feet to a monument; thence N. 43 degrees 33' 00" W. 282 feet, more or less, to a point; thence N. 46 degrees 271 00" W. 773 feet, more or less, to lands of Pugliese; running thence S. 44 degrees 24' 10" E. 708 feet, more or less, to the northerly side of Main Road; running thence along the northerly side of Main Road S. 68 degrees 10' 00" W. 162.44 feet to the point or place of beginning. The parties agree that the Premises will be surveyed by Tenant and a description prepared and appended to this lease which will -more precisely define the bounds of said Premises. 2. TERM: (a) The term of the lease shall commence on November 15, 1998 and shall continue thereafter for a period of Fifty (50) years. 3. BASE RENT: (a) The base rent shall be an annual rental, payable in advance on the 15th day of November in each year. The annual base rent is One Thousand ($1,000.00) Dollars. (b) The Tenant covenants to pay the rent as herein provided. 4. USE: The Premises shall be used only as a vineyard and/or for other agricultural purposes as permitted by the Southold Town Zoning Code and the restrictions of the Suffolk County Development Rights program. S. PURCHASE OF PREMISES BY TENANT: Landlord agrees to sell and Tenant agrees to purchase the Premises upon the Tenant obtaining subdivision approval from the Southold Town Planning Board and the County of Suffolk for the division of the Premises from adjoining property of Landlord. Such subdivision shall include adequate access to the remainder of Landlord's property from Main Road. The price shall be an amount agreed upon between the parties; or, in the event the parties cannot agree on a price, each party shall select an appraiser to determine the fair market value for the Premises, which shall be the purchase price. In the event the two appraisers cannot agree upon a fair market value for the Premises, the two appraisers shall select a third appraiser, whose determination of fair market value shall be the purchase price. The appraisers shall all be licensed appraisers by the State of New York with offices in Suffolk County. The purchase price shall be payable all cash within 60 days of the determination of the purchase price, with Landlord to deliver insurable title, free of all liens and encumbrances except development rights restrictions and the right of way referred to above. 6. INSURANCE: (a) The Tenant shall, at its cost and expense, during the term of this Lease, keep the demised premises insured against claims for personal injuries or property damage under a policy of general public liability insurance with limits of at least $300,000 for one accident or injury to one person and not less than $500,000 for accident or injury to more than one person, and $50,000 property damage. (b) All insurance policies shall name the Landlord as additional insured. Said insurance shall be issued by financially responsible insurers, duly authorized to do business in the State of New York. All said policies shall be obtained by Tenant and the originals thereof delivered to Landlord upon the commencement of the term hereof with evidence by stamping or otherwise of payment of the premiums thereon. 7. INDEMNIFICATION: During the entire term of the Lease, Tenant will indemnify and save harmless the Landlord against any and all claims, debts, demands or obligations which may be made against the Landlord or against the Landlord's title in the premises, arising out of, or in connection with, any alleged act or omission of the Tenant or any person claiming under, by or through the Tenant; and if it becomes necessary for the Landlord to defend any action seeking to impose any such liability, the Tenant will pay the Landlord all costs of court and attorneys' fees incurred by the Landlord in effecting such defense in addition to any other sums which the Landlord may be called upon to pay by reason of the entry of a judgment against the Landlord in the litigation in which such claim is asserted. 8. RIGHT TO RENEW.:If Tenant has fully performed all terms and conditions of this lease, he shall have a right to renew this lease for two additional twenty-five (25) year periods, on the same terms and conditions herein, except for this renewal clause. Unless Tenant shall give Landlord written notice of his election not to renew at least three (3) months prior to the expiration of the current term, the lease will automatically renew for the successive period. If such notice is given, the lease shall terminate at the end of the term. 9: TERMINATION: This lease may be terminated by either party upon any of the following events: (a) If Tenant does not exercise its option to purchase the property adjoining the Premises to the South under Option Agreement dated May 4, 1998 between the Landlord and Tenant, and if Tenant does not close title thereunder. (b) If Tenant purchases the Premises. 2 (c) Termination of Sublease of even date herewith, after expiration of any applicable notice provisions and rights to cure. 10. NOTICES: Any notice required to be given under the terms of this lease, or by any statute or ordinance now or hereafter in force, may be given personally or by certified mail, return receipt requested, by enclosing such notice in a postpaid envelope directed as follows: (A) To the Landlord at P.O. Box 612, Aquebogue, New York 11931, or at such other address as the Landlord may from time to time designate in writing, with a copy to Wickham, Wickham & Bressler, P.C., 10315 Main Road, P.O. Box 1424, Mattituck, New York 11952, Attention: Abigail A. Wickham, Esq.. (B) To the Tenant at 14990 Oregon Road, P.O. Box 907, Cutchogue, N.Y. 11935, or at such other address as the Tenant may from time to time designate in writing., (C) Service of such notice shall be complete on personal delivery or on three business days after mailing. 11. NOTICE OF DEFAULT: Notwithstanding any contrary provision in this Lease, prior to declaring a default for failure to timely pay any rent, or for failure to make any other payment required by the Lease, or for failure to comply with any other term of the aforesaid documents, the Landlord will send written notice, by certified or registered mail, return receipt requested, or personally deliver written notice, notifying the Landlord of such default and permitting a right to cure such default within thirty (30) days of the mailing or personal delivery of the notice in the case of payment default. 12. ALTERATIONS: The Tenant may not make any alteration or improvement in and to the demised premises unless the Tenant shall have prior written approval of the Landlord of his proposed alterations or improvements, which approval shall not be unreasonably withheld. 13. ATTORNEYS' FEES: In the event the Landlord is required to engage counsel or commence legal proceedings as a result of Tenant's default under the terms of this Lease, it shall be entitled to recover from the Tenant, in addition to any expenses or other amount, its reasonable attorney's fees. 14. END OF TERM: Tenant shall on the last day of the term, or upon sooner termination, peaceably and quietly surrender and deliver the demised premises to Landlord, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Tenant thereon, in good order and working, broom clean, condition. 15. COMPLIANCE: The Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with Tenant's use of said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. 16. SUBLETTING, ASSIGNMENT: That the Tenant, its successors, heirs, executors or administrators shall not assign this agreement, or underlet or underlease the Premises, or any part thereof, or make any alterations on the Premises, without the Landlord's consent in writing, such consent not to be 3 unreasonably withheld; or occupy, or permit or suffer the same tc be occupied for any business or purpose deemed disreputable or extra -hazardous on account of fire, under the penalty of damages and forfeiture, and in the event of a breach thereof, the term herein shall immediately cease and determine at the option of the Landlord as if it were the expiration of the original term. 17. SUBORDINATION: That this instrument shall not be a lien against said premises in respect to any mortgages that are now on or that hereafter may be placed by Landlord, its successors or assigns, against the fee of said premises, and that the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien of this lease, irrespective of the date of recording, and the Tenant agrees to execute without cost, within five (5) days after notice, and deliver to Landlord any such instrument which may be deemed necessary or desirable to further the subordination of this lease to any such mortgage or mortgages, and a refusal to execute such instrument shall entitle the Landlord, or the Landlord's assigns and legal representatives to the option of cancelling this lease without incurring any expense or damage and the term hereby granted is expressly limited accordingly. 18. ACCESS TO PREMISES: (a) The said Tenant agrees that Landlord and the Landlord's agents and other representatives shall have the right to enter into and upon said Premises, or any part thereof, at all reasonable hours for the purpose of examining the same, or making such repairs or alterations therein as may be necessary for the safety and preservation thereof. (b) Tenant also agrees to permit Landlord or the Landlord's agents to show the premises to persons wishing to purchase the same; and the Tenant further agrees that the Landlord or the Landlord's agents shall have the right to place notices on the front of said premises, or any part thereof, offering the premises "For Sale", and the Tenant hereby agrees to permit the same to remain thereon without hindrance or molestation. 19. REMEDIES: (a) It is expressly understood and agreed that if default be made in the payment of the rent or any part thereof as herein specified, or if default be made in the performance of any of the terms, covenants and agreements in this lease contained on the part of the Tenant to be kept and performed, or if the Tenant shall fail to comply with any of the statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments or of any and all their Departments and Bureaus, applicable to said premises, or if the Tenant shall file or there be filed against Tenant a petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assignment for the benefit of creditors or take advantage of any insolvency act, the Landlord may, if the Landlord so elects, at any time thereafter terminate this lease and the term hereof, on giving to the Tenant notice as provided herein, and upon failure to cure, this lease and the term hereof shall expire and come to an end on the date fixed in such notice as if the said date were the date originally fixed in this lease for the expiration hereof. (b) Upon such termination\deletion the Landlord or representatives may re-enter the said premises by force, summary proceedings or otherwise, and remove all persons therefrom, without being liable to prosecution therefor, and the Tenant hereby expressly waives the service of any notice in writing of intention to re-enter, and the Tenant shall pay at the same time as the rent becomes payable under the terms hereof a sum equivalent to the rent reserved herein, and the Landlord may rent the premises on behalf of the Tenant, reserving the right to rent the premises for a longer period of time than fixed in the 4 original lease without releasing the original Tenant from any liability, applying any moneys collected, first to the expense of resuming or obtaining possession, second to restoring the premises to a rentable condition, and then to the payment of the rent and all other charges due and to grow due to the Landlord, any surplus to be paid to the Tenant, who shall remain liable for any deficiency. 20. WAIVER, ETC.: The failure of the Landlord to insist upon a strict performance of any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that the Landlord may have, and shall not be deemed a waiver of any subsequent breach of default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. 21. CONTINUING LIABILITY: In the event that the relation of the Landlord and Tenant may cease or terminate by reason of the re-entry of .the Landlord under the terms and covenants contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain liable and shall pay rent which accrues subsequent to the re-entry by the Landlord, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained, the difference between the rent reserved and the rent collected and received, if any, by the Landlord during the remainder of the unexpired term, such difference or deficiency between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained; and it is mutually agreed between Landlord and Tenant that the respective parties hereto shall and hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant's use or occupancy of said premises, and/or any claim of injury or damage. 22. REDEMPTION: The Tenant waives all rights to redeem under any law of the State of New York. 23. ENVIRONMENTAL HAZARDS: (a) Tenant represents that it will not permit the release, discharge or deposit of any Hazardous Substance on the premises. Hazardous Substance is that which is defined by either Section 9601 (14) of Title 42 of the United States Code or any successor or similar section, or any environmentally related statute enacted by the State of New York. (b) This provision shall survive termination of the lease. 24. ASSIGNMENT: In the event Tenant transfers title to the adjoining property to the South (SCTM#1000-97-1-11.4), Tenant may, on notice to Landlord, assign this lease to the grantee of said property. Tenant shall not be permitted to make any other assignments. 25. QUIET ENJOYMENT: Landlord covenants that the said Tenant on paying the said yearly rent, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the term aforesaid. AND IT IS MUTUALLY UNDERSTOOD AND AGREED that the covenants and agreements contained in the within lease shall be binding upon the parties hereto and upon their respective successors and assigns. 5 IN WITNE�q WHEREOF, the parties have set their hands and seals this day of November, 1998. PALMER VINES, LLC i BY-)Z122�-1 )G� .- L. S. Ro e t /V YV/'Z11 Manager LIEB CELL LLC BY L.S. Mark eb, Manager re/palmlieb 2 • -' "y+ `� •I\ .`�;�;i' ;a ��`=�ry..yc;, �rray.L�v�\,s,'r�� .�y; • . , '� 1 .. �,1 '�: / '�'^'� p►..��•w.t� `4•.r•,P,' i" '�-ii,�:xC�,'.. .,+1T^: :''7•tv1��T.r1•.+C .`4''�li+ ti�;^�yf�•:Y.f'.a "• �v`�•��` ..' �`4' W. Wrl rEE -••�.� � '•�F-- '\:• a>;t�:f`...y[ .spa �'t�,iy..• ar...c� ''e.' :.i�,?,1,�v Y.. R•: r. � '�-�: .. 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' c..' ,a.. .ya! . y..�i- •}.� '�.X,' ,v..._ Y��C.r . ..4 •� ..•'4 %r. , ..�; .-a•. liltt - .l S`t':?��'�. • , y,. y7:- ,�n^,:� .:cr•.�' �. •? �.. .w' 1• .p i i-'�... �.f. '�t ��{. '•{p i' J�.'V �'W ••> � f• - l-'' +��=.'Y'��IM.!.i`....F. via. .•. •.—.�:• � .:Y�t -_R. J... .._��: ii: .•rf.. �Yi-....-.-...-... r. +Y ..(:..,S:I A�9•'}.L�rikrT. Y'.1i r•T/ai�: MMV.'R^ ll }(N'h3� ��^.•1..�W.•et`.n•.d:'1.3..t'J�'�r•6 'i'YT:...J.•.1'�t''La ._&..•.i. r,..3LS:J•- •..n-_�.(": '_..r •�1�.. •.- :�_.':�•�l.'1... .-. n-_ 1 SOUTHOLD TOWN ZONING BOARD OF APPEALS -------------------------------------X In the matter of the Variance Application by LIEB CELLARS, LLC Appeal No. 4605 On the property owned by PALMER VINES, LLC SCTM# 1000-97-1-11.4 -------------------------------------X ABIGAIL A. WICKHAM, ESQ., Of Counsel. MEMORANDUM OF LAW WICKHAM, WICKHAM & BRESSLER, P.C. Attorneys for Applicant,] Lieb Cellars, LLC P. 0. Box 1424, 10315 Main Road Mattituck, New York 11952 (516) 298-8353 SOUTHOLD TOWN ZONING BOARD OF APPEALS -------------------------------------------X In the matter of the Variance Application by LIEB CELLARS, LLC Appeal No. 4605 On property owned by PALMER VINES, LLC SCTM#1000-97-1-11,4 --------------------------------------------X MEMORANDUM OF LAW INTRODUCTION This is a variance from Article 100-31 of the Southold Town Zoning Ordinance (the "Code"), which requires a 10 acre parcel for a winery. Applicant brought this application for a variance for approval of a winery on a 3°612 acre parcel. During the proceeding, applicant provided to the Board a long term land lease between applicant and the owner of the adjoining -'property for a contiguous 6.388 acre parcel. By virtue of the fee and leasehold interests, applicant will "own" a 10 acre parcel under the ownership definitions of the Code. It is applicant's position that the Town may not deny the application based on ownership, and further that the two parcels together, which total 10 acres, (a) meet the Code's requirement for a 10 acre parcel or, in the alternative (b) provide sufficient basis for the granting of the variance. 1 POINT I THE USAGE, RATHER THAN THE OWNERSHIP, OF THE PROPERTY IS DETERMINATIVE IN ZONING QUESTIONS. The legitimate aim of a zoning ordinance is to regulate ownership, not usage. North Fork Motel, Inc. vs. Grigonis et al, 93 AD2d 883, 461 NYS2d 414. The Court held that "it is the use rather than form of ownership that is the proper concern and focus of zoning and planning regulations." 461 NYS2d at 415. Here, where the use and control of the entire 10 acre parcel will be in common, the Town cannot deny an appropriate use of the property on the basis of ownership. Therefore, since the applicant will own a fee interest and a leasehold interest and use_th.e_p.roperty in accordance with zoning, the usage must be approved. To do otherwise would render the Code unconstitutional and would be without authority under Town Law Sec. 261, which empowers a township to regulate zoning. D(1TNIT TT THE FEE OWNERSHIP OF A 3.612 ACRE PARCEL BY THE WINERY OWNER AND THE LEASEHOLD INTEREST OF THE WINERY OWNER OF AN ADJOINING 6.388 ACRE PARCEL MEETS THE REQUIREMENT OF OWNERSHIP OF 10 ACRES BY THE WINERY OWNER. The 10 acre requirement of Article 100-31 is satisfied by the ownership interests held by applicant under its fee title to the 3.612 acres and its leasehold interest as lessee under the long term land lease to the 6.388 acres. Article 100-31(A)(4)(b) requires that "the winery shall be on a parcel ... which is owned by 2 the winery owner". The definition of "owner" is contained in Article 100-13 and includes "any other person having vested or contingent interest in the property in question". Therefore, the 10 acres may be "owned" by a party with a vested or contingent interest. The applicant will own the 3.612 acre parcel in fee title, and has a vested interest in the 6.388 acre parcel pursuant to his leasehold interest. Thus, applicant is the owner of a 10 acre parcel. The leasehold interest constitutes a vested interest in the property, and therefore meets the Code's definition of ownership. A vested interest in real property includes a certain present right to the property which carries with it an existing right of use or enjoyment. Black's Law Dictionary. A lease is a conveyance of an interest in land, and transfers a present interest in a designated portion of real property. 74 NY Jur 2d, Landlord,and Tenant Sec. 4. Since there is no uncertain condition which must occur to give the lessee the leasehold right, the lease clearly creates a vested interest in the property. Although a lease, without consideration of the term, qualifies as an "ownership" interest, the term of this lease reinforces this conclusion and further argues in favor of the variance. The lease in this case is a long term land lease, with an initial term of 50 years and rights to renew for an additional 50 years. Long term leases have all of the economic earmarks of fee ownership, both for the lessee and any potential creditor. A 3 50 year term is sufficient to give the lessee a substantial temporal interest in the property to enable him to construct a building and other improvements on the property and to be sure he will have a long enough term in which to realize a reasonable return on his investment. The lessee has control of the property for long enough to justify "ownership" -type activities, such as major capital improvements. If the building is still in existence at the end of the lease, it will go back to the fee owner, but the lessee will have realized a sufficient return during the long period of usage. It is the long term nature of this lease which economically distinguishes it from an ordinary short term house lease, for example. Similarly, banks frequently lend funds secured by this type of leasehold interest, i.e., via a leasehold mortgage as security, since they know their mortgage will be paid long before the lessee must return the land. The termination provisions of the lease further support the contention that the lease creates a sufficient ownership interest. The lease may be terminated only under very limited circumstances. If the applicant does not obtain his winery approvals and does not purchase the 3.612 acre parcel, the lease may terminate. Also, if there is a default in the lease, the lessee may lose his interest. This is virtually identical to a fee ownership which can be lost by the foreclosure of a mortgage or failure to pay taxes. As a practical matter, considering a leasehold interest as an "ownership" fully satisfies the interest of the Code, i.e., to 4 insure the presence of vines in conjunction with a winery. It is anticipated that if this variance is granted, it would be on the condition that the entire 10 acre parcel remain under common "ownership". The Certificate of Occupancy would also contain that condition. C.O.'s are frequently issued with conditions imposed by the Zoning Board of Appeals. Thus, only so long as the vineyard or argicultural purposes test for the 10 acres is met, will the winery be permitted. Based on the foregoing, the Board should construe the Code requirement of ownership as having been met by applicant's submission. D(lTNIT TTT THE EXISTENCE OF THE LEASEHOLD INTEREST GIVES THE APPLICANT SUFFICIENT CONTROL OVER A 10 ACRE PARCEL TO JUSTIFY THE GRANTING OF THE VARIANCE. The long term leasehold interest held by the applicant gives him sufficient dominion and control over the property to constitute a basis for the granting of a variance in this matter. A long term lease of this nature creates a significant encumbrance upon the property to justify the construction by the applicant of a multi -thousand dollar project, to enable applicant to obtain institutional financing on the property by the giving of a leasehold mortgage, and to exert effective ownership rights over the property for a period exceeding the useful life of the 5 project. This effectively "ties up" a 10 acre parcel devoted to the winery project. The facts of this case meet the objectives of the Code much more closely than other projects which have been approved. For example, the Pugliese winery only marginally meets the spirit of the ten acre requirement. Mr. Pugliese was, according to his testimony, required to connect his 2 acre winery parcel with acreage several hundred feet to the rear by a small strip of property. If the Town was willing to consider this as meeting the intent of the Code, where the bulk of the 10 acres is physically separated from the winery except for a narrow roadway, then certainly this applicant has meet the intent of the Code. Applicant and the fee owner have committed to transfer to applicant a 100 year interest in the real property, and that property as well as an additional 41 acres which immediately abuts the winery parcel is and will always remain as an agricultural usage by virtue of the sale of the development rights. Therefore, unlike Pugliese, there is not a small parcel isolated from vineyard purposes operating as a winery. The purpose of the 10 acre requirement was the maintenance of a vineyard or agriculture around the winery. This parcel clearly meets that intent. Moreover, a portion of the vineyard presently exists on the 3.612 acre parcel, at one point to the extent of almost 100 feet. Therefore, the two parcels will effectively continue to be used together for vineyard purposes. C The nature and method of operation of the vineyard is not addressed by the Code, and properly so. Thus, the question of who harvests the grapes is not relevant to this application. The fact is that grapes will be harvested. As Mr. Lieb testified at the hearing, Palmer and Lieb have had cooperative harvesting and bottling arrangements for some time. Who harvests grapes from year to year on any vineyard is usually the function of a variety of factors, including the need for that type of grape, the availability of harvesting equipment, the supply of grapes in general, and the quality and quantity of the particular harvest. Farmers routinely rent and harvest on other's lands, not only in the vineyard area, but in potatoes, wheat, sod, and many other crops. Contract farming is a normal part of agriculture which is essential to maintain viability of agriculture in an area with high real estate values and constantly changing supply and demand. This farm is not unique in that respect. The sole requirements of the Code in this regard are that the wine be made primarily from Long Island grapes and that the property be used for agricultural production. Given applicant's producing vineyard on Oregon Road, there is no concern that the grape source will not be satisfied, and it is clear that the vineyard and winery are exclusively agricultural. It is evident from the foregoing that applicant has a sufficient nexus with the property adjoining the 3.612 acre parcel to form the basis for a variance. The 3.612 acre parcel is not an isolated parcel, but bears a significant, vested 7 � M I contractual connection and an irrevocable physical connection with adjoining vineyard acreage. CONCLUSION For the reasons set forth herein, it is respectfully requested that the Code be construed as permitting a fee and/or leasehold parcel as held by applicant, or in the alternative, that the variance be granted. Dated: Mattituck, New York December 10, 1998 ABIGAIL A. WICKHAM, ESQ. Of Counsel. WICKHAM, WICKHAM & BRESSLER, P.C. Attorneys for Applicant, Lieb Cellars, LLC P. -O. Box 1424, 10315 Main Road Mattituck, New York 11952 (516) 298-8353 8 SOUTHOLD TOWN ZONING BOARD OF APPEALS --------------------------------------------X In the matter of the Variance Application by LIEB CELLARS, LLC On the property owned by PALMER VINES, LLC SCTM# 1000-97-1-11.4 --------------------------------------------X MEMORANDUM OF LAW DEC 1 0 ,gam r Appeal No. 4605 WICKHAM, WICKHAM & BRESSLER, P.C. Attorneys for Applicant, Lieb Cellars, LLC P.O. Box 1424, 10315 Main Road Mattituck, New York 11952 (516) 298-8353 ABIGAIL A. WICKHAM, ESQ. of Counsel. SOUTHOLD TOWN ZONING BOARD OF APPEALS -------------------------------------------X In the matter of the Variance Application by LIEB CELLARS, LLC Appeal No. 4605 On property owned by PALMER VINES, LLC SCTM#1000-97-1-11.4 --------------------------------------------X MEMORANDUM OF LAW INTRODUCTION This is a variance from Article 100-31 of the Southold Town Zoning Ordinance (the "Code"), which requires a 10 acre parcel for a winery. Applicant brought this application for a variance for approval of a winery on a 3.612 acre parcel. During the proceeding, applicant provided to the Board a long term land lease between applicant and the owner of the adjoining property for a contiguous 6.388 acre parcel. By virtue of the fee and leasehold interests, applicant will "own" a 10 acre parcel under the ownership definitions of the Code. It is applicant's It position that the Town may not deny the application based on ownership, and further that the two parcels together, which total 10 acres, (a) meet the Code's requirement for a 10 acre parcel or, in the alternative (b) provide sufficient basis for the granting of the variance. 1 DnTNTT T THE USAGE, RATHER THAN THE OWNERSHIP, OF THE PROPERTY IS DETERMINATIVE IN ZONING QUESTIONS. The legitimate aim of a zoning ordinance is to regulate ownership, not usage. North Fork Motel, Inc. vs. Grigonis et al, 93 AD2d 883, 461 NYS2d 414. The Court held that "it is the use rather than form of ownership that is the proper concern and focus of zoning and planning regulations." 461 NYS2d at 415. Here, where the use and control of the entire 10 acre parcel will be in common, the Town cannot deny an appropriate use of the property on the basis of ownership. Therefore, since the applicant will own a fee interest and a leasehold interest and use the property in accordance with zoning, the usage must be approved. To do otherwise would render the Code unconstitutional and would be without authority under Town Law Sec. 261, which empowers a township to regulate zoning. DnTNTT TT THE FEE OWNERSHIP OF A 3.612 ACRE PARCEL BY THE WINERY OWNER AND THE LEASEHOLD INTEREST OF THE WINERY OWNER OF AN ADJOINING 6.388 ACRE PARCEL MEETS THE REQUIREMENT OF OWNERSHIP OF 10 ACRES BY THE WINERY OWNER. The 10 acre requirement of Article 100-31 is satisfied by the ownership interests held by applicant under its fee title to the 3.612 acres and its leasehold interest as lessee under the long term land lease to the 6.388 acres. Article 100-31(A)(4)(b) requires that "the winery shall be on a parcel ... which is owned by 2 the winery owner". The definition of "owner" is contained in Article 100-13 and includes "any other person having vested or contingent interest in the property in question". Therefore, the 10 acres may be "owned" by a party with a vested or contingent interest. The applicant will own the 3.612 acre parcel in fee title, and has a vested interest in the 6.388 acre parcel pursuant to his leasehold interest. Thus, applicant is the owner of a 10 acre parcel. The leasehold interest constitutes a vested interest in the property, and therefore meets the Code's definition of ownership. A vested interest in real property includes a certain present right to the property which carries with it an existing right of use or enjoyment. Black's Law Dictionary. A lease is a conveyance of an interest in land, and transfers a present interest in a designated portion of real property. 74 NY Jur 2d, Landlord and Tenant Sec. 4. Since there is no uncertain condition which must occur to give the lessee the leasehold right, the lease clearly creates a vested interest in the property. Although a lease, without consideration of the term, qualifies as an "ownership" interest, the term of this lease reinforces this conclusion and further argues in favor of the variance. The lease in this case is a long term land lease, with an initial term of 50 years and rights to renew for an additional 50 years. Long term leases have all of the economic earmarks of fee ownership, both for the lessee and any potential creditor. A 3 50 year term is sufficient to give the lessee a substantial temporal interest in the property to enable him to construct a building and other improvements on the property and to be sure he will have a long enough term in which to realize a reasonable return on his investment. The lessee has control of the property for long enough to justify "ownership" -type activities, such as major capital improvements. If the building is still in existence at the end of the lease, it will go back to the fee owner, but the lessee will have realized a sufficient return during the long period of usage. It is the long term nature of this lease which economically distinguishes it from an ordinary short term house lease, for example. Similarly, banks frequently lend funds secured by this type of leasehold interest, i.e., via a leasehold mortgage as security, since they know their mortgage will be paid long before the lessee must return the land. The termination provisions of the lease further support the contention that the lease creates a sufficient ownership interest. The lease may be terminated only under very limited circumstances. If the applicant does not obtain his winery approvals and does not purchase the 3.612 acre parcel, the lease may terminate. Also, if there is a default in the lease, the lessee may lose his interest. This is virtually identical to a fee ownership which can be lost by the foreclosure of a mortgage or failure to pay taxes. As a practical matter, considering a leasehold interest as an "ownership" fully satisfies the interest of the Code, i.e., to 4 insure the presence of vines in conjunction with a winery. It is anticipated that if this variance is granted, it would be on the condition that the entire 10 acre parcel remain under common "ownership". The Certificate of Occupancy would also contain that condition. C.O.'s are frequently issued with conditions imposed by the Zoning Board of Appeals. Thus, only so long as the vineyard or argicultural purposes test for the 10 acres is met, will the winery be permitted. Based on the foregoing, the Board should construe the Code requirement of ownership as having been met by applicant's submission. D(1TMM TTT THE EXISTENCE OF THE LEASEHOLD INTEREST GIVES THE APPLICANT SUFFICIENT CONTROL OVER A 10 ACRE PARCEL TO JUSTIFY THE GRANTING OF THE VARIANCE. The long term leasehold interest held by the applicant gives him sufficient dominion and control over the property to constitute a basis for the granting of a variance in this matter. A long term lease of this nature creates a significant encumbrance upon the property to justify the construction by the applicant of a multi -thousand dollar project, to enable applicant to obtain institutional financing on the property by the giving of a leasehold mortgage, and to exert effective ownership rights over the property for a period exceeding the useful life of the 5 project. This effectively "ties up" a 10 acre parcel devoted to the winery project. The facts of this case meet the objectives of the Code much more closely than other projects which have been approved. For example, the Pugliese winery only marginally meets the spirit of the ten acre requirement. Mr. Pugliese was, according to his testimony, required to connect his 2 acre winery parcel with acreage several hundred feet to the rear by a small strip of property. If the Town was willing to consider this as meeting the intent of the Code, where the bulk of the 10 acres is physically separated from the winery except for a narrow roadway, then certainly this applicant has meet the intent of the Code. Applicant and the fee owner have committed to transfer to applicant a 100 year interest in the real property, and that property as well as an additional 41 acres which immediately abuts the winery parcel is and will always remain as an agricultural usage by virtue of the sale of the development rights. Therefore, unlike Pugliese, there is not a small parcel I isolated from vineyard purposes operating as a winery. The purpose of the 10 acre requirement was the maintenance of a vineyard or agriculture around the winery. This parcel clearly meets that intent. Moreover, a portion of the vineyard presently exists on the 3.612 acre parcel, at one point to the extent of almost 100 feet. Therefore, the two parcels will effectively continue to be used together for vineyard purposes. 31 The nature and method of operation of the vineyard is not addressed by the Code, and properly so. Thus, the question of who harvests the grapes is not relevant to this application. The fact is that grapes will be harvested. As Mr. Lieb testified at the hearing, Palmer and Lieb have had cooperative harvesting and bottling arrangements for some time. Who harvests grapes from year to year on any vineyard is usually the function of a variety of factors, including the need for that type of grape, the availability of harvesting equipment, the supply of grapes in general, and the quality and quantity of the particular harvest. Farmers routinely rent and harvest on other's lands, not only in the vineyard area, but in potatoes, wheat, sod, and many other crops. Contract farming is a normal part of agriculture which is essential to maintain viability of agriculture in an area with high real estate values and constantly changing supply and demand. This farm is not unique in that respect. The sole requirements of the Code in this regard are that the wine be made primarily from Long Island grapes and that the property be used . for agricultural production. Given applicant's producing vineyard on Oregon Road, there is no concern that the grape source will not be satisfied, and it is clear that the vineyard and winery are exclusively agricultural. It is evident from the foregoing that applicant has a sufficient nexus with the property adjoining the 3.612 acre parcel to form the basis for a variance. The 3.612 acre parcel is not an isolated parcel, but bears a significant, vested 7 0 contractual connection and an irrevocable physical connection with adjoining vineyard acreage. CONCLUSION For the reasons set forth herein, it is respectfully requested that the Code be construed as permitting a fee and/or leasehold parcel as held by applicant, or in the alternative, that the variance be granted. Dated: Mattituck, New York December 10, 1998 0 ABIGAIL A. WICKHAM, ESQ. Of Counsel. WICKHAM, WICKHAM & BRESSLER, P.C. Attorneys for Applicant, Lieb Cellars, LLC P.O. Box 1424, 10315 Main Road Mattituck, New York 11952 (516) 298-8353 8 LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 ERIC J BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON 516-298-8353 JANET GEASA TELEFAX NO. 516-298-8565 HUBERT F. SULLIVAN November 12, 1998 Gregory F. Yakaboski, Esq. Town Attorney Town of Southold 53095 Main Road, Post Office Box 1179 Southold, New York 11791 C PI MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE. NEW YORK 11747 516-249-9480 TELEFAX NO 516-249-9484 r L I J�NOV 1 3� RM 410 A-,!., e ter - Re: Lieb Cellars, LLC - Palmer Vines, LLC Variance Application: Winery on less than 10 acres Dear Greg: This matter has been scheduled for a second hearing on Thursday, November 19, 1998. After the first hearing, Mr. Lieb, the contract vendee of the 3.6 acre parcel which is the subject of the variance application, came to an agreement with Mr. Palmer, the owner of the parcel and of the adjoining 53 acre farm to the North, to enter into a long term lease of a 6.4 acre parcel which would provide Lieb with rights to a full 10 acres. The parties finalized the lease terms today and I am forwarding it to them for signature. We would like to present the lease to the ZBA at the hearing next Thursday, and expect that they will want your input. Therefore, I am enclosing a copy for your review. The salient features of the lease are as follows: 1. The lease covers a 6.388 acre parcel immediately adjoining the 3.6+ acre parcel on which the winery will be built, with the two parcels together totalling 10 acres. 2. The lease term is for 50 years, with two 25 year renewal options. 3. The Tenant has a right to purchase the 6.388 acre parcel in the event it is subdivided from the remainder. 4. Use of the lesed parcel is limited to vineyard or other agricultural pro uction. The development rights to the entire 6.388 acre �arcel are owned by the County of Suffolk, and the premi es is currently an operating vineyard with mature, producing vines. 5. The Lease will terminate if Lieb purchases the 6.388 acre parcel or dies not buy the 3.6 acre parcel. He will not purchase the Property if the variance is not obtained. To protect �he ZBA, they could condition any approval on the existe �ce of a lease or other form of ownership of a full 10 acres. In addition to the provisions of the lease, the Tenant has a right of first r?fusal to purchase the 53 acre parcel. This is not in the lease, but in the original contract between the parties fo� the sale of the 3.6 acre parcel. Please feel free tther. o call me if you would like to discuss this matter fu Very truly yours, / I &/I/ 14L, z W- � Abigail A. Wickham AAW : gw Encl. 30-shdtnatt cc: Southold Town Zoning Board of Appeals BETWEEN AND DATED: PALMER VINES, LLC LIEB CELLARS, LLC November , 1998 LEASE N AS LANDLORD, AS TENANT, This Lease Agreement is made on the above date between Palmer Vines, LLC, a New York limited liability company with offices at P.O. Box 612, Sound Avenue, Aquebogue, N. Y. 11931 (hereinafter Landlord) and Lieb Cellars, LLC, a New York limited liability company with offices at 14990 Oregon Road, P. 0, Box 907, Cutchogue, N.Y. 11935 (hereinafter Tenant). WITNESSETH: LANDLORD hereby leases to TENANT and Tenant hereby hires from Owner the premises at Main Road, Cutchogue, N.Y., being part of SCTM#1000-97-1-11.2, containing 6.388 acres, together with the improvements thereon (the Premises) which are more particularly described herein, on the following terms and conditions: 1. PREMISES. The Premises consist of 6.388 acre parcel bounded and described as follows: Beginning at a monument on the northerly side of Main Road, at the southeasterly corner of land of Landlord on which Tenant has an option to purchase, and running along said lands (1) N. 44 degrees 24" 10" W. 426.33 feet, and (2) S. 46 degrees 27" 00" W. 629.89 feet to a monument; thence N. 43 degrees 33" 00" W. 282 feet, more or less, to a point; thence N. 46 degrees 27" 00" W. 773 feet, more or less, to lands of Pugliese; running thence S. 44 degrees 24" 10" E. 708 feet, more or less, to the northerly side of Main Road; running thence along the northerly side of Main Road S. 68 degrees 10" 00" W. 162.44 feet to the point or place of beginning. The parties agree that the Premises will be surveyed by Tenant and a description prepared and appended to this lease which will more precisely define the bounds of said Premises. 2, TERM: (a) The term of the lease shall commence on November 15, 1998 and shall continue thereafter for a period of Fifty (50) years. 3. BASE RENT: (a) The base rent shall be an annual rental, payable in advance on the 15th day of November in each year. The annual base rent is One Thousand ($1,000.00) Dollars. (b) The Tenant covenants to pay the rent as herein provided. I e 4. USE: The Premises shall be used -only as a vineyard and/or for other agricultural purposes as permitted by the Southold Town Zoning Code and the restrictions of the Suffolk County Development Rights program. 5. PURCHASE OF PREMISES BY TENANT: Landlord agrees to sell and Tenant agrees to purchase the Premises upon the Tenant obtaining subdivision approval from the Southold Town Planning Board and the County of Suffolk for the division of the Premises from adjoining property of Landlord. Such subdivision shall include adequate -access to the remainder of Landlord's property from Main Road. The price shall be an amount agreed upon between the parties; or, in the event the parties cannot agree on a price, each party shall select an appraiser to determine the fair market value for the Premises, which shall be the purchase price. In the event the two appraisers cannot agree upon'a fair market value for the Premises, the two appraisers shall select a third appraiser, whose determination of fair market value shall be the purchase price. The appraisers shall all be licensed appraisers by the State of New York with offices in Suffolk County. The purchase price shall be payable all cash within 60 days of the determination of the purchase price, with Landlord to deliver insurable title, free of all liens and encumbrances except development rights restrictions and the right of way referred to above. 6. INSURANCE: (a) The Tenant shall, at its cost and expense, during the term of this Lease, keep the demised premises insured against claims for personal injuries or property damage under a policy of general public liability insurance with limits of at least $300,000 for one accident or injury to one person and not less than $500,000 for accident or injury to more than one person, and $50,000 property damage. (b) All insurance policies shall name the Landlord as additional insured. Said insurance shall be issued by financially responsible insurers, duly authorized to do business in the State of New York. All said policies shall be obtained by Tenant and the originals thereof delivered to Landlord upon the commencement of the term hereof with evidence by stamping or otherwise of payment of the premiums thereon. 7. INDEMNIFICATION: During the entire term of the Lease, Tenant will indemnify and save harmless the Landlord against any and all claims, debts, demands or obligations which may be made against the Landlord or against the Landlord's title in the premises, arising out of, or in connection with, any alleged act or omission of the Tenant or any person claiming under, by or through the Tenant; and if it becomes necessary for the Landlord to defend any action seeking to impose any such liability, the Tenant will pay the Landlord all costs of court and attorneys' fees incurred by the Landlord in effecting such defense in addition to any other sums which the Landlord may be called,upon to pay by reason of the entry of a judgment against the Landlord in the litigation in which such claim is asserted. 8. RIGHT TO RENEW:If Tenant has fully performed all terms and conditions of this lease, he shall have a right to renew this lease for two additional twenty-five (25) year periods, on the same terms and conditions herein, except for this renewal clause. 2 Unless Tenant shall give Landlord written notice of his election not to renew at least three (3) months prior to the expiration of the current term, the lease will automatically renew for the successive period. If such notice is given, the lease shall terminate at the end of the term. 9. TERMINATION° This lease may be terminated by either party upon any of the following events: (a) If Tenant does not exercise its option to purchase the property adjoining the Premises to the South under Option Agreement dated May 4, 1998 between the Landlord and Tenant, and if Tenant does not close title thereunder. (b) If Tenant purchases the Premises. (c) Termination of Sublease of even date herewith, after expiration of any applicable notice provisions and rights to cure. 10. NOTICES: Any notice required to be given under the terms of this lease, or -by any statute or ordinance now or hereafter in force, may be given personally or by certified mail, return receipt requested, by enclosing such notice in a postpaid envelope directed as follows: (A) To the Landlord at P.O. Box 612, Aquebogue, New York 11931, or at such other address as the Landlord may from time to time designate in writing, with a copy to Wickham, Wickham & Bressler, P.C., 10315 Main Road, P.O. Box 1424, Mattituck, New York 11952, Attention: Abigail A. Wickham, Esq.. (B) To the Tenant at 14990 Oregon Road, P.O. Box 907, Cutchogue, N.Y. 11935, or at such other address as the Tenant may from time to time designate in writing. (C) Service of such notice shall be complete on personal delivery or on three business days after mailing. 11. NOTICE OF DEFAULT: Notwithstanding any contrary provision in this Lease, prior to declaring a default for failure to timely pay any rent, or for failure to make any other payment required by the Lease, or for failure to comply with any other term of the aforesaid documents, the Landlord will send written notice, by certified or registered mail, return receipt requested, or personally deliver written notice, notifying the Landlord of such default and permitting a right to cure such default within thirty (30) days of the mailing or personal delivery of the notice in the case of payment default. 12. ALTERATIONS; The Tenant may not make any alteration or improvement in and to the demised premises unless the Tenant shall have prior written approval of the Landlord of his proposed alterations or improvements, which approval shall not be unreasonably withheld. 13. ATTORNEYS' FEES: In the event the Landlord is required to engage counsel or commence legal proceedings as a result of Tenant's default under the terms of this Lease, it shall be 3 entitled to recover from the Tenant, in addition to any expenses or other amount, its reasonable attorney's fees. 14. END OF TERM: Tenant shall on the last day of the term, or upon sooner termination, peaceably and quietly surrender and deliver the demised premises to Landlord, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Tenant thereon, in good order and working, broom clean, condition. 15. COMPLIANCE: The Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with Tenant's use of said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. 16. SUBLETTING, ASSIGNMENT: That the Tenant, its successors, heirs, executors or administrators shall not assign this agreement, or underlet or underlease the Premises, or any part thereof, or make any alterations on the Premises, without the Landlord's consent in writing, such consent not to be unreasonably withheld; or occupy, or permit or suffer the same tc be occupied for any business or purpose deemed disreputable or extra -hazardous on account of fire, under the penalty of damages and forfeiture, and in the event of a breach thereof, the term herein shall immediately cease and determine at the option of the Landlord as if it were the expiration of the original term. 17. SUBORDINATION: That this instrument shall not be a lien against said premises in respect to any mortgages that are now on or that hereafter may be placed by Landlord, its successors or assigns, against the fee of said premises, and that the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien of this lease, irrespective of the date of recording, and the Tenant agrees to execute without cost, within five (5) days after notice, and deliver to Landlord any such instrument which may be deemed necessary or desirable to further the subordination of this lease to any such mortgage or mortgages, and a refusal to execute such instrument shall entitle the Landlord, or the Landlord's assigns and legal representatives to the option of cancelling this lease without incurring any expense or damage and the term hereby granted is expressly limited accordingly. 18. ACCESS TO PREMISES: (a) The said Tenant agrees that Landlord and the Landlord's agents and other representatives shall have the right to enter into and upon said Premises, or any part thereof, at all reasonable hours for the purpose of examining the same, or making such repairs or alterations therein as may be necessary for the safety and preservation thereof. (b) Tenant also agrees to permit Landlord or the Landlord's agents to show the premises to persons wishing to purchase the same; and the Tenant further agrees that the Landlord or the Landlord's agents shall have the right to place 4 notices on the front of said premises, or any part thereof, offering the premises "For Sale", and the Tenant hereby agrees to permit the same to remain thereon without hindrance or molestation. 19. REMEDIES: (a) It is expressly understood and agreed that if default be made in the payment of the rent or any part thereof as herein specified, or if default be made in the performance of any of the terms, covenants and agreements in this lease contained on the part of the Tenant to be kept and performed, or if the Tenant shall fail to comply with any of the statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments or of any and all their Departments and Bureaus, applicable to said premises, or if the Tenant shall file or there be filed against Tenant a petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assignment for the benefit of creditors or take advantage of any insolvency act, the Landlord may, if the Landlord so elects, at any time thereafter terminate this lease and the term hereof, on giving to the Tenant notice as provided herein, and upon failure to cure, this lease and the term hereof shall expire and come to an end on the date fixed in such notice as if the said date were the date originally fixed in this lease for the expiration hereof. (b) Upon such termination\deletion the Landlord or representatives may re-enter the said premises by force, summary proceedings or otherwise, and remove all persons therefrom, without being liable to prosecution therefor, and the Tenant hereby expressly waives the service of any notice in writing of intention to re-enter, and the Tenant shall pay at the same time as the rent becomes payable under the terms hereof a sum equivalent to the rent reserved herein, and the Landlord may rent the premises on behalf of the Tenant, reserving the right to rent the premises for a longer period of time than fixed in the original lease without releasing the original Tenant from any liability, applying any moneys collected, first to the expense of resuming or obtaining possession, second to restoring the premises to a rentable condition, and then to the payment of the rent and all other charges due and to grow due to the Landlord, any surplus to be paid to the Tenant, who shall remain liable for any deficiency. 20. WAIVER, ETC.: The failure of the Landlord to insist upon a strict performance of any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that the Landlord may have, and shall not be deemed a waiver of any subsequent breach of default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. 21. CONTINUING LIABILITY: In the event that the relation of the Landlord and Tenant may cease or terminate by reason of the re-entry of the Landlord under the terms and covenants contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain liable and shall pay rent which accrues subsequent to the re-entry by the Landlord, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained, the 5 a difference between the rent reserved and the rent collected and received, if any, by the Landlord during the remainder of the unexpired term, such difference or deficiency between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained; and it is mutually agreed between Landlord and Tenant that the respective parties hereto shall and hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant's use or occupancy of said premises, and/or any claim of injury or damage. 22. REDEMPTION: The Tenant waives all rights to redeem under any law of the State of New York. 23. ENVIRONMENTAL HAZARDS: (a) Tenant represents that it will not permit the release, discharge or deposit of any Hazardous Substance on the premises. Hazardous Substance is that which is defined by either Section 9601 (14) of Title 42 of the United States Code or any successor or similar section, or any environmentally related statute enacted by the State of New York. (b) This provision shall survive termination of the lease, 24. ASSIGNMENT: In the event Tenant transfers title to the adjoining property to the South (SCTM#1000-97-1-11.4), Tenant may, on notice to Landlord, assign this lease to the grantee of said property. Tenant shall not be permitted to make any other assignments. 25. QUIET ENJOYMENT: Landlord covenants that the said Tenant on paying the said yearly rent, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised premises for the term aforesaid. AND IT IS MUTUALLY UNDERSTOOD AND AGREED that the covenants and agreements contained in the within lease shall be binding upon the parties hereto and upon their respective successors and assigns. IN WITNESS WHEREOF, the parties have set their hands and seals this day of November, 1998. PALMER VINES, LLC BY L. S. Robert Palmer, Manager LIEB CELLARS, LLC BY Mark Lieb, Manager L. S. 31 STATE OF NEW YORK: .ss.. COUNTY OF SUFFOLK: On the day of November, 1998, before me personally came Robert Palmer , to me known to be the person who executed the foregoing instrument, and who, being duly sworn by me, did depose and say that he is the Manager of Palmer Vines, LLC, a limited liability company, and that he executed the foregoing instrument in the name of the company, and that he had authority to sign the same, and he acknowledged to me that he executed the same as the act and deed of said company for the uses and purposes therein mentioned. Notary Public STATE OF NEW YORK: ,ss„ COUNTY OF SUFFOLK: On the day of November, 1998, before me personally came Mark Lieb, to me known to be the person who executed the foregoing instrument, and who, being duly sworn by me, did depose and say that he is the Manager of Lieb Cellars, LLC, a limited liability company, and that he executed the foregoing instrument in the name of the company, and that he had authority to sign the same, and he acknowledged to me that he executed the same as the act and deed of said company for the uses and purposes therein mentioned. Notary Public j/1/palmlieb 7 WILLIAM WICKHAM ERIC J. BRESSLER ABIGAIL A. WICKHAM LYNNE M. GORDON JANET GEASA HUBERT F SULLIVAN LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P.O BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 _ 516-298-8353 TELEFAX NO. 516-298-8 MELVILLE OFFICE BROAD HOLLOW ROAD UITE (FV III L1 . NEW YORK 11747 November 2-0, 1 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Application of Lieb Cellars, LLC Ladies and Gentlemen: 9-9480 516-249-9484 I would like to clarify the inquiry of Ms. Collins at the hearing last night, and ask that you include this letter in the record, which I understand remains open for written submissions. The,provision of the Code requiring 10 acres restricts the use of those parcels to "vineyard or other agricultural purposes, and which is owned by the winery owner". A vineyard does not consist only of vines, wires and trellis' As with other agricultural operations, it includes support land and related functions, in this case a winery and agricultural buildings. I believe the language that the parcel be "devoted" to those purposes indicates that other non-agricultural uses not be stacked up within the acreage, even though they may be permitted in that zoning district. For instance, this Code provision would appear to prohibit the operation of a bed and breakfast on the 10 acres, or possibly a rental house, place of worship, or other non- agricultural uses under the Code. The provision specifically permits vineyard "or other agricultural purposes", which standards our parcel does meet. All of the buildings will be agricultural, including the proposed storage barn for housing equipment used in the operation of the vineyard. Therefore, the.winery will be "on which at least 10 acres", and in this case all of the acreage, is appropriately "devoted". I hope this addresses your concern on the size of the parcel versus the area of planted vines. Very truly yours, It 'Abigail A. Wickham AAW:jm 30/sMtriM `-WILLIAM W!CKNAM, ERIC J, 8PC:S5LER A31GAILA. WICKHAM, LYNNE M. 010ROON JANET GLASA HU6CRT E. SULLIVAN 10315 MAIN ROAD, P.O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 516 -age -6383 T ELErAX NO, 516-248.8565 MELVILt.E O€'f ICE 27$ BROAL) HOLLOW ROAD SUITE III MCI-ViLLE. NEW YORK 1191,! 516-249-9480 TELEFAX NO, 516.249.9484 November 20, 1998 Town o Southold Zoning Board Of Appeals 53095 Main Road, Post o1fzce Box 1179 Southold, New York 11971 Re: Application of Lieb Cellars, :LLC Ladies and Gentlemen: Z would like to clarify the inquiry of Ms. Collins at the hearing last night, and ask than you include this letter in the record, which i understand remains open for written submis.sions. The provision of the Code requiring 10 acres restricts the use of those parcels to "vineyard or other agricultural pur1_D0se$e and which is owned by the winery owner`. A vineyard does not consist only of vines, wires and trellis' As with other: agricultural operations, it includes support land and related functi-on$, in this case a winery and agricultural buildings, 1 believe the language that the parcel be "devoted" to those purposes indicates that other non-agricultural uses not be stacked up within the acreage, even though they may be permwtted in that zoning district. For instance, this Code prevision would appear to prohibit the operation of a bed and breakfast on the 10 acres, or Possibly a rental house, place of worship-, or other non- agricultural uses under the Code. The provision specifically permits vineyard "or other agri cultura? purpose$", which standards our parcel does meet. All of the buildings will be agricultural, including the proposed storage barn for housing equipment used in the operation of the vineyard. Therefore, the winery will be on whish at least 10 acres", and in this case all of the acreage, i5 appropr.iately "devoted". NI]ll- �C9 t 9qC; 16:29 Fporq I hope this parce? versus the AAW: j Mid i,.l I L1<H'=!P'1vFF,.'E�` C�LEh Cly ��t�lElC�U TCI ?659064 addresses your Cori area Of cern on the size of planted vines. the Very truly yours, Abzgail A. Wickham P.G. LAW OFFICES C(OPY << l` WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P O BOX 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 MELVILLE OFFICE ERIC J. BRESSLER 275 BROAD HOLLOW ROAD ABIGAIL A. WICKHAM SUITE ill LYNNE M. GORDON 516-298-8353 MELVILLE, NEW YORK 11747 JANET GEASA TELEFAX NO 516-298-8565 516-249-9480 HUBERT F SULLIVAN TELEFAX NO 516-249-9484 L9 November 12, 1998' A �r Gregory F. Yakaboski, Esq. Town Attorney Town of Southold 53095 Main Road, Post Office Box 1179 Southold, New York 11791 Re: Lieb Cellars, LLC - Palmer Vines, LLC Variance Application: Winery on less than 10 acres Dear Greg: This matter has been scheduled for a second hearing on Thursday, November 19, 1998. After the first hearing, Mr. Lieb, the contract vendee of the 3.6 acre parcel which is the subject of the variance application, came to an agreement with Mr. Palmer, the owner of the parcel and of the adjoining 53 acre farm to the North, to enter into a long term lease of a 6.4 acre parcel which would provide Lieb with rights to a full 10 acres. The parties finalized the lease terms today and I am forwarding it to them for signature. We would like to present the lease to the ZBA at the hearing next Thursday, and expect that they will want your input. Therefore, I am enclosing a copy for your review. The salient features of the lease are as follows: 1. The lease covers a 6.388 acre parcel immediately adjoining the 3.6+ acre parcel on which the winery will be built, with the two parcels together totalling 10 acres. 2. The lease term is for 50 years, with two 25 year renewal options. 3. The Tenant has a right to purchase the 6.388 acre parcel in the event it is subdivided from the remainder. 4. Use of the leased parcel is limited to vineyard or other agricultural production. The development rights to the entire 6.388 acre parcel are owned by the County of Suffolk, and the premises is currently an operating vineyard with mature, producing vines. - 5. The Lease will terminate if Lieb purchases the 6.388 acre parcel or does not buy the 3.6 acre parcel. He will not purchase the property if the variance is not obtained. To protect the ZBA, they could condition any approval on the existence of a lease or other form of ownership of a full 10 acres. In addition to the provisions of the lease, the Tenant has a right of first refusal to purchase the 53 acre parcel. This is not in the lease, but in the original contract between the parties for the sale of the 3.6 acre parcel. Please feel free to call me if you would like to discuss this matter further. Very truly yours, c Abigail A. Wickham AAW:gw Encl. 30-shdtnatt cc: Southold Town Zoning Board of Appeals LEASE BETWEEN PALMER VINES, LLC AND LIEB CELLARS, LLC DATED: November , 1998 AS LANDLORD, AS TENANT, This Lease Agreement is made on the above date between Palmer Vines, LLC, a New York limited liability company with offices at P.O. Box 612, Sound Avenue, Aquebogue, N. Y. 11931 (hereinafter Landlord) and Lieb Cellars, LLC, a New York limited liability company with offices at 14990 Oregon Road, P. 0. Box 907, Cutchogue, N.Y. 11935 (hereinafter Tenant). WITNESSETH° LANDLORD hereby leases to TENANT and Tenant hereby hires from Owner the premises at Main Road, Cutchogue, N.Y., being part of SCTM#1000-97-1-11.2, containing 6.388 acres, together with the improvements thereon (the Premises) which are more particularly described herein, on the following terms and conditions: 1. PREMISES. The Premises consist of 6.388 acre parcel bounded and described as follows: Beginning at a monument on the northerly side of Main Road, at the southeasterly corner of land of Landlord on which Tenant has an option to purchase, and running along said lands (1) N. 44 degrees 24' 10" W. 426.33 feet, and (2) S. 46 degrees 271 00" W. 629.89 feet to a monument; thence N. 43 degrees 330 00" W. 282 feet, more or less, to a point; thence N. 46 degrees 27' 00" W. 773 feet, more or less, to lands of Pugliese; running thence S. 44 degrees 24' 10" E. 708 feet, more or less, to the northerly side of Main Road; running thence along the northerly side of Main Road S. 68 degrees 100 00" W. 162.44 feet to the point or place of beginning. The parties agree that the Premises will be surveyed by Tenant and a description prepared and appended to this lease which will more pre-cisely define the bounds of said Premises. 2. TERM: (a) The term of the lease shall commence on November 15, 1998 and shall continue thereafter for a period of Fifty (50) years. 3. BASE RENT: (a) The base rent shall be an annual rental, payable in advance on the 15th day of November in each year. The annual base rent is One Thousand ($1,000.00) Dollars. (b) The Tenant covenants to pay the rent as herein provided. 4. USE: The Premises shall be used only as a vineyard and/or for other agricultural purposes as permitted by the Southold Town Zoning Code and the restrictions of the Suffolk County Development Rights program. 5. PURCHASE OF PREMISES BY TENANT: Landlord agrees to sell and Tenant agrees to purchase the Premises upon the Tenant obtaining subdivision approval from the Southold Town Planning Board and the County of Suffolk for the division of the Premises from adjoining property of Landlord. Such subdivision shall include adequate access to the remainder of Landlord's property from Main Road. The price shall be an amount agreed upon between the parties; or, in the event the parties cannot agree on a price, each party shall select an appraiser to determine the fair market value for the Premises, which shall be the purchase price. In the event the two appraisers cannot agree upon a fair market value for the Premises, the two appraisers shall select a third appraiser, whose determination of fair market value shall be the purchase price. The appraisers shall all be licensed appraisers by the State of New York with offices in Suffolk County. The purchase price shall be payable all cash within 60 days of the determination of the purchase price, with Landlord to deliver insurable title, free of all liens and encumbrances except development rights restrictions and the right of way referred to above. 6. INSURANCE: (a) The Tenant shall, at its cost and expense, during the term of this Lease, keep the demised premises insured against claims for personal injuries or property damage under a policy of general public liability insurance with limits of at least $300,000 for one accident or injury to one person and not less than $500,000 for accident or injury to more than one person, and $50,000 property damage. (b) All insurance policies shall name the Landlord as additional insured. Said insurance shall be issued by financially responsible insurers, duly authorized to do business in the State of New York. All said policies shall be obtained by Tenant and the originals thereof delivered to Landlord upon the commencement of the term hereof with evidence by stamping or otherwise of payment of the premiums thereon. 7. INDEMNIFICATION: During the entire term of the Lease, Tenant will indemnify and save harmless the Landlord against any and all claims, debts, demands or obligations which may be made against the Landlord or against the Landlord's title in the premises, arising out of, or in connection with, any alleged act or omission of the Tenant or any person claiming under, by or through the Tenant; and if it becomes necessary for the Landlord to defend any action seeking to impose any such liability, the Tenant will pay the Landlord all costs of court and attorneys' fees incurred by the Landlord in effecting such defense in addition to any other sums which the Landlord may be called upon to pay by reason of the entry of a judgment against the Landlord in the litigation in which such claim is asserted. 8. RIGHT TO RENEW:If Tenant has fully performed all terms and conditions of this lease, he shall have a right to renew this lease for two additional twenty-five (25) year periods, on the same terms and conditions herein, except for this renewal clause. 2 Unless Tenant shall give Landlord written notice of his election not to renew at least three (3) months prior to the expiration of the current -term, the lease will automatically renew for the successive period. If such notice is given, the lease shall terminate at the end of the term. 9. TERMINATION: This lease may be terminated by either party upon any of the following events: (a) If Tenant does not exercise its option to purchase the property adjoining the Premises to the South under Option Agreement dated May 4, 1998 between the Landlord and Tenant, and if Tenant does not close title thereunder. (b) If Tenant purchases the Premises. (c) Termination of Sublease of even date herewith, after expiration of any applicable notice provisions and rights to cure. 10. NOTICES: Any notice required to be given under the terms of this lease, or,by any statute or ordinance now or hereafter in force, may be given personally or by certified mail, return receipt requested, by enclosing such notice in a postpaid envelope directed as follows: (A) To the Landlord at P.O. Box 612, Aquebogue, New York 11931, or at such other address as the Landlord may from time to time designate in writing, with a copy to Wickham, Wickham & Bressler, P.C., 10315 Main Road, P.O. Box 1424, Mattituck, New York 11952, Attention: Abigail A. Wickham, Esq.. (B) To the Tenant at 14990 Oregon Road, P.O. Box 907, Cutchogue, N.Y. 11935, or at such other address as the Tenant may from time to time designate in writing. (C) Service of such notice shall be complete on personal delivery or on three business days after mailing. 11. NOTICE OF DEFAULT: Notwithstanding any contrary provision in this Lease, prior to declaring a default for failure to timely pay any rent, or for failure to make any other payment required by the Lease, or for failure to comply with any other term of the aforesaid documents, the Landlord will send written notice, by certified or registered mail, return receipt requested, or personally deliver written notice, notifying the Landlord of such default and permitting a right to cure such default within thirty (30) days of the mailing or personal delivery of the notice in the case of payment default. 12. ALTERATIONS: The Tenant may not make any alteration or improvement in and to the demised premises unless the Tenant shall have prior written approval of the Landlord of his proposed alterations or improvements, which approval shall not be unreasonably withheld. 13. ATTORNEYS' FEES: In the event the Landlord is required to engage counsel or commence legal proceedings as a result of Tenant's default under the terms of this Lease, it shall be 3 entitled to recover from the Tenant, in addition to any expenses or other amount, its reasonable attorney's fees. 14. END OF TERM: Tenant shall on the last day of the term, or upon sooner termination, peaceably and quietly surrender and deliver the demised premises to Landlord, including all buildings, replacements, changes, additions and improvements constructed, erected, added or placed by Tenant thereon, in good order and working, broom clean, condition. 15. COMPLIANCE: The Tenant shall promptly execute and comply with all statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments and of any and all their Departments and Bureaus applicable to said premises, for the correction, prevention, and abatement of nuisances or other grievances, in, upon, or connected with Tenant's use of said premises during said term; and shall also promptly comply with and execute all rules, orders and regulations of the New York Board of Fire Underwriters, or any other similar body, at the Tenant's own cost and expense. 16. SUBLETTING, ASSIGNMENT: That the Tenant, its successors, heirs, executors or administrators shall not assign this agreement, or underlet or underlease the Premises, or any part thereof, or make any alterations on the Premises, without the Landlord's consent in writing, such consent not to be unreasonably withheld; or occupy, or permit or suffer the same tc be occupied for any business or purpose deemed disreputable or extra -hazardous on account of fire, under the penalty of damages and forfeiture, and in the event of a breach thereof, the term herein shall immediately cease and determine at the option of the Landlord as if it were the expiration of the original term. 17. SUBORDINATION: That this instrument shall not be a lien against said premises in respect to any mortgages that are now on or that hereafter may be placed by Landlord, its successors or assigns, against the fee of said premises, and that the recording of such mortgage or mortgages shall have preference and precedence and be superior and prior in lien of this lease, irrespective of the date of recording, and the Tenant agrees to execute without cost, within five (5) days after notice, and deliver to Landlord any such instrument which may be deemed necessary or desirable to further the subordination of this lease to any such mortgage or mortgages, and a refusal to execute such instrument shall entitle the Landlord, or the Landlord's assigns and legal representatives to the option of cancelling this lease without incurring any expense or damage and the term hereby granted is expressly limited accordingly. 18. ACCESS TO PREMISES: (a) The said Tenant agrees that Landlord and the Landlord's agents and other representatives shall have the right to enter into and upon said Premises, or any part thereof, at all reasonable hours for the purpose of examining the same, or making such repairs or alterations therein as may be necessary for the safety and preservation thereof. (b) Tenant also agrees to permit Landlord or the Landlord's agents to show the premises to persons wishing to purchase the same; and the Tenant further agrees that the Landlord or the Landlord's agents shall have the right to place 4 notices on the front of said premises, or any part thereof, offering the premises "For Sale", and the Tenant hereby agrees to permit the same to remain thereon without hindrance or molestation. 19. REMEDIES° (a) It is expressly understood and agreed that if default be made in the payment of the rent or any part thereof as herein specified, or if default be made in the performance of any of the terms, covenants and agreements in this lease contained on the part of the Tenant to be kept and performed, or if the Tenant shall fail to comply with any of the statutes, ordinances, rules, orders, regulations and requirements of the Federal, State and Local Governments or of any and all their Departments and Bureaus, applicable to said premises, or if the Tenant shall file or there be filed against Tenant a petition in bankruptcy or arrangement, or Tenant be adjudicated a bankrupt or make an assignment for the benefit of creditors or take advantage of any insolvency act, the Landlord may, if the Landlord so elects, at any time thereafter terminate this lease and the term hereof, on giving to the Tenant notice as provided herein, and upon failure to cure, this lease and the term hereof shall expire and come to an end on the date fixed in such notice as if the said date were the date originally fixed in this lease for the expiration hereof. (b) Upon such termination\deletion the Landlord or representatives may re-enter the said premises,by force, summary proceedings or otherwise, and remove all persons therefrom, without being liable to prosecution therefor, and the Tenant .hereby expressly waives the service of any notice in writing of intention to re-enter, and the Tenant shall pay at the same time as the rent becomes payable under the terms hereof a sum equivalent to the rent reserved herein, and the Landlord may rent the premises on behalf of the Tenant, reserving the right to rent the premises for a longer period of time than fixed in the original lease without releasing the original Tenant from any liability, applying any moneys collected, first to the expense of resuming or obtaining possession, second to restoring the premises to a rentable condition, and then to the payment of the rent and all other charges due and to grow due to the Landlord, any surplus to be paid to the Tenant, who shall remain liable for any deficiency. 20. WAIVER, ETC.: The failure of the Landlord to insist upon a strict performance.of any of the terms, conditions and covenants herein, shall not be deemed a waiver of any rights or remedies that the Landlord may have, and shall not be deemed a waiver of any subsequent breach of default in the terms, conditions and covenants herein contained. This instrument may not be changed, modified, discharged or terminated orally. 21. CONTINUING LIABILITY° In the event that the relation of the Landlord and Tenant may cease or terminate by reason of the re-entry of the Landlord under the terms and covenants contained in this lease or by the ejectment of the Tenant by summary proceedings or otherwise, or after the abandonment of the premises by the Tenant, it is hereby agreed that the Tenant shall remain liable and shall pay rent which accrues subsequent to the re-entry by the Landlord, and the Tenant expressly agrees to pay as damages for the breach of the covenants herein contained, the 5 ,r s difference between the rent reserved and the rent collected and received,, if any, by the Landlord during the remainder of the unexpired term, such difference or deficiency between the rent herein reserved and the rent collected if any, shall become due and payable in monthly payments during the remainder of the unexpired term, as the amounts of such difference or deficiency shall from time to time be ascertained; and it is mutually agreed between Landlord and Tenant that the respective parties hereto shall and hereby do waive trial by jury in any action, proceeding or counterclaim brought by either of the parties against the other on any matters whatsoever arising out of or in any way connected with this lease, the Tenant's use or occupancy of said premises, and/or any claim of injury or damage. 22. REDEMPTION: The Tenant waives all rights to redeem under any law of the State of New York. 23. ENVIRONMENTAL HAZARDS: (a) Tenant represents that it will not permit the release, discharge or deposit of any Hazardous Substance on the premises. Hazardous Substance is that which is defined by either Section 9601 (14) of Title 42 of the United States Code or any successor or similar section, or any environmentally related statute enacted by the State of New York. (b) This provision shall survive termination of the lease. 24. ASSIGNMENT: In the event Tenant transfers title to the adjoining property to the South (SCTM#1000-97-1-11.4), Tenant may, on notice to Landlord, assign this lease to the grantee of said property. Tenant shall not be permitted to make any other assignments. 25. QUIET ENJOYMENT: Landlord covenants that the said Tenant on paying the said yearly rent, and performing the covenants aforesaid, shall and may peacefully and quietly have, hold and enjoy the said demised,premises for the term aforesaid. AND IT IS MUTUALLY UNDERSTOOD AND AGREED that the covenants and agreements contained in the within lease shall be binding upon the parties hereto and upon their respective successors and assigns. IN WITNESS WHEREOF, the parties have set their hands and seals this day of November, 1998. PALMER VINES, LLC BY Robert Palmer, Manager LIEB CELLARS, LLC L. S. BY L. S. Mark Lieb, Manager 6 STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: On the day of November, 1998, before me personally came Robert Palmer , to me known to be the person who executed the foregoing instrument, and who, being duly sworn by me, did depose and say that he is the Manager of Palmer Vines, LLC, a limited liability company, and that he executed the foregoing instrument in the name of the company, and that he had authority to sign the same, and he acknowledged to me that he executed the same as the act and deed of said company for the uses and purposes therein mentioned. Notary Public STATE OF NEW YORK: :ss.: COUNTY OF SUFFOLK: On the day of November, 1998, before me personally came Mark Lieb, to me known to be the person who executed the foregoing instrument, and who, being duly sworn by me, did depose and say that he is the Manager of Lieb Cellars, LLC, a limited liability company, and that he executed the foregoing instrument in the name of the company, and that he had authority to sign the same, and he acknowledged to me that he executed the same as the act and deed of said company for the uses and purposes therein mentioned. Notary Public j/1/palmlieb 7 j Pugliese Vineyard r BRIDGE LANE CUTCHOGUE, LONG ISLAND, NEW YORK 11935 (516) 734-5983 I would like to bring to the attention of the Board that the property in question is situated on the ancient drainage basin that runs into East Creek. This old drainage basin starts as far to the north as the Long Island Railroad and winds its way to Route 25 alongside my property. Part of the collection area is easily seen just inside the southeast boundary and in heavy rains is completely flooded. One of the major problems with developing this area in question is that the drainage area could be altered causing flooding of my property. Because the property in question is so close to the ground water table (one to two feet) there is little area for catch basins. The only solution for excess runoff is a large surface area to absorb the water. Any alteration of this natural drainage area would be disastrous. Besides the possibility of disturbing this natural drainage area there is a loss of old trees such as the locust, swamp maple and wild cherry trees that grow throughout the area. There are far too few of these wooded areas left in Southold Town as the enclosed editorial in the Suffolk Times has so amply stated. Also the proposed driveway is located on a dangerous curve where drivers are always speeding and is exactly in the same spot where there was two woman killed in a three car collision only this past March. Furthermore the application for a variance is in direct violation of Section 11-29-1994 which requires a 10 acre parcel for a winery. The 10 acres must be contiguous and not 3 acres with covenants or Leasing with other properties. I was not permitted to use my 32 acres of grapes or lease property from my neighbor John Calabrese. I had to connect my winery to my grapes so the property would be contiguous and one parcel. ThaWgliPese Ral Save the, trees, please A lot -has been written and said in favor of the land bank ref- erendum on the ballot next month, and it's usually about the importance of saving farmland to preserve our rural heritage. +'iiile that's certainly a desired outcome, there's another cat- eOOTof land in dire need of protection: wooded parcels. You see the "For Sale" signs everywhere, especially along the area's commercial corridors where they're being dangled like bait for developers. A wooded lot here, a wooded lot there and pretty soon there's no eye relief from the buildings flanking our roadways, and nothing to -recycle our carbon dioxide. From an ecological- perspective, the need to protect the earth's trees goes without saying. From aesthetic and quality - of -life perspectives, the same should also be true. The fact that rows of commercial buildings are separated here and there by wooded lots or homes is one of the North Fork's many charms. In some spots — particularly Route 58 in Riverhead — it's practically the only holdout against total suburbanization. if the two percent tax on property transfers passes in November, we strongly suggest that some of the proceeds be spent to save a wooded lot here, a wooded lot there. If it doesn't pass, restrictions limiting the removal of roadfront trees should be set firmly in place. After all, good planning can be accomplished even without a transfer tax. �_ l AF 16Z° Ln Q M. LU _j Tz3_X L LL W • y c r J W "° T r _ Q tl: Cn OS ME�,bo 7 53•) JO Project Rid f Drawn By: L T Checked By: Date: 9/1 / 9 8 Scale: N s 301 ®�I Sheet Title: SITE PLAN 'vtIGHBORM RESIDENCE L r ° 9 °P I L WILLIAM WICKHAM / p/ ERIC J BRESSLER IIIJJJ"' p , ABIGAIL A. WICKHAM LYNNE M. GORDON 9 JANET GEASA HUBERT F SULLIVAN i, LAW OFFICES NICKHAM, WICKHAM & BRESSLER, P.0 10315 MAIN ROAD, P O BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 516-298-8353 TELEFAX NO 516-298-8565 MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK 11747 516-249-9480 TELEFAX NO. 516-249-9484 Sept. 2, 1998 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 SIP - 2 Southold, New York 11971 Re: Application of Lieb Cellars, LLC Ladies and Gentlemen: Enclosed are seven prints of the proposed site plan. We are having the property staked and are mailing the notices today. Very truly yours, �Abigail A. Wickham Enclosures 30/shdtnboa 111111111 -117,171.11; 1*141W Dear Applicant., For your record and next transmittal step, please find enclosed a copy of the Legal Notice describing your application. The Legal Notice will be published by our office in the next issue of the L.I. Traveler Newspaper., the Town's 1998 official newspaper. d �r. - Page 2 — 10/23/98 To: Applicant Re: Ch. 58 Notice Requirements When the Certified Mailings have been postmarked by the Post Office,, please furnish your Affidavit of Mailing to us with the postmarked receipts as soon as possible. pleaseLater, after the green signature cards are returned to you by the post • •, them to us. These cards• - part of the proof of service • attached to your Affidavitof r in yourpermanent town signatureIn the event there is any • that was not• to you, please confirm the same at the public hearing for update with the Board and for record • • • you. Very truly yours, r *If you know of other addresses for the neighbors, you may also send notice to those addresses (in addition to the addresses of record with the Town Assessors' Office 765-1937). F1 # Slkir+ Department ±fiR; John f t 2G £«i.*:rnzInspector (Personal Delivery) d® and Mrs. + «©©f Charles (b\hand to Mr. Charles 10\2/ by y �\) . ,., ,.� . . 2. *t¥ Mrs. John 2 l,* t?K� P.O. #+« if/. #rinf. Q\ 11957 . Mr. an: Mrs. Edward Dart 3020 ft?@22 Lane. Peconi, NY 11958 Also to concerned Ref. az. Dar° < # y:yrc e. Ms. Margaret Shakespeare 2+ �±z»f i*89t wx New York,` 10024 Suffolk \e«iE+w-±2< l Consulting >re. / m» # Mortimer) P.O. Box 2+$/ Bridgehampton, NY 11932 Patricia C.Moore, Esq. (Re. 3KtT3e and d i t # :) # ±?rrK* +* d:r. Moore's d9&n Hall »n Mai. # t< (+2 re : f2±±¥\ Abigail A. Wickham, Esq. (Re: w3c Cellars) +i2 Road P.O. f+» 1424 Mattituc. r:, 11952 Shembri Homes, Inc. f.#.$+» ±y/ Wading River, NY 11792 n i z i ., � c f' U� C i .b ..�y clef^�` leo (.UL 5...�ne (.�..,y,,,e„ v, ui F.L. I).��tr. n n.�yr, V.+�y+.e u s �rvS. LH Seen+a �. i r r r {'11 .� �� �� ��\1 es V �� �I I'�n�• C Ui'L T... .morn•..,. _,„e,e, LLe r. ti., re.,... Fncn C .JIGl,lvl,_/nn � l_ r �l 1 D99D or .0 ry" 1979.,� l R THIS IN1*3M"• made this SINNS ,no 1) main "i cut�hoquel New York- Kviusnh, residing at Ilk W"YO iD Main Road, CutChO9 residing at (no P&rty of the'jj"t g' at 3 Williams Road. Cha I ^,} , "I" Of a mwicpal corpoFatim., .r SUFFOLK New Yovk,�'Party Of, second business at Riverhead• V- T'T Di E S S -Z T HV id�raticnl�'of Ten - and 00) rty.of the, first Part@ incwls that the PA by tb4k. P.&,.r,Y and v qood,. aluable, Con ($10.(10) Dollars and other and release unto the pa, ad rt- des hereby 9vzntw the second Pa It Rights.-�APY -wh' t its successors and assiqns fok4jrr. "Y interest wId,rinhte, a the the permanent legal ui reitirlet'. , the- e General Mmicipal Law.,as -ta., Stat 'K, of the premises exclusively for a9,Cicu1tura1-prodpqt,.,J York',StatO — -.senfly defined in M301 Alar Casal^artd'.Naskete "Lows; and? Of the New let; use �V, f the -P tile nigh otbor to 'Prohibit or restrict at the than agricultural production. ALL that certaih!"Plot�- P'pg oiicel OVI f Suffolk, 161 of ,So'thd1di-'C0untY-`Q lying and being at CutchMuei TOVPJ� ded"and descr State of New York, more p&rticul-jjklj�'•boun, follows: -Road Fa. side�of Main BEGINNING ata VDM=Ftnt��!01� saime, L;s, inj�jjjjjated; by,.. the, SIP �k (New York State Route 25) where:" � easterly corner of land now or formerly of Stanley; llyskoi 66@'10? C07 Vest. ;a, 9!, qAhe wssteF171 RUNNING THENM south 4; side of main Road, 162.44 feet THENcE-north 44!0 THENrE south .460, 27' ..Rysko I and land now or formerly 7 �7 SL " ( "A" q, �vr t MMV 40 57 Mtoned ' elossq the 1--t mentioned „tt, 41- 1'3* vest. I., Of COX T -W -T- USA -In and land now of the ,,t wantioned 4)- 40- west I along the &ad land Mw at 'tion ed west, %--A ,,-w I north A:1® 42 j�de of the on the th"sterly 5 so to a WAMMIMMt Iroad; inq for ;Stand F-ition 'tho 1,�, %WNCS along the Last di%'Ance94, (I) couir &” I'dt north 60. COS 17.0 (21 to 0-1 60- s�t. (3) nor" Of to" am alwat, Gall' land "now 44 namcc South I'm"mt, on the land 1)7,1.75 feet to the Dint 0 Ir place ,o4 et the8i'9hts 'the "id DOW A To HAVE ANO TO Vow, the foge" rt I t ev of the .a,nted unto.th� qt J"Olrrr Vxmy of -th, ficat,part A"j) the c, Vo. rt or V h&S not BC.tae P&Pt, Zi A -4,my*N 60 in APY waya }x 4 t; j �00 4 an uSbeced the inq villaas a co%pepant runn 'IL "a Liao part. ,d -tVw:,h&' j the first , for Cie P&MY 0 -Ut el sad assigns Of first the party Of the 1. -6% is instrument solelyfog the „ties` 4 the date Of th true part** Shall hs! ItIze Word his judentUre'SOtom' jj�Jf�Tf•`�asralulYuti CM`setsOf t and Ye&c first , ", �, �:, deed the day "00— j 0, WW R� -0' r __� 58 couNTY 01* 1979 before me PerD61'411y�. DONALD P. ROBINSON, to W and acknoviedged that' e 031 executed the foregoing instrument, -OUNTy OF SUFFOLK) on the to wl known ..tq Notary ic No S2 -4642S71,., STATE OF T" LoWas Ua�0,30. 19 Zj On th.;V—ILY .44�� tlid MARION W. 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":' ", mgr:';:` 'tS•:s.;': , 1:1'x` , r 4`'r:>; a ",;s'?•� :i r ;p *'T' - y'�`"1�"'r 'F4 '":a,.s, 1 >< 4 C3 '• ;if'�.,.AR i"tl`,l.., yv, iYi'3't�ic,`'i t.tii, „;N?a`ry,'"171. - • r,, �_ _ .. may.,," :-. ":[ - r.".. CC October 11, 1998 I To: The Southold Town Board of Appeals We protest the establishment of a winery to the west of Pugliese Vineyards. As residents of 34640 Main Road, Cutchogue for the past twenty years, we have experienced the increase of traffic to this area. The driveway for the proposed winery is located on a dangerous curve in an area where drivers constantly speed. Besides the reported fatal accidents in the area, I_am_aware of incidents that have not been reported. A gentleman was hit while riding his bicycle in 1997. My son was nearly struck by a speeding car as he crossed the street when exiting his school bus. There have been many near accidents with brakes screeching and close calls because of people pulling into Pugliese Vineyard. After Linda Graham's fatal car accident and many bureaucratic phone calls, speed limit signs were installed. Drivers still continue to speed through here. The police often park on the south side of the road at the bottom of the curve to dissuade speeders. Last year a fatal three car collision occurred at the very sight of the proposed winery driveway. At the present time the school is relocating its entrance for the busses. That entryway is only 200 feet from the proposed winery entrance. This is a plan that will make a bad situation worse, creating an even more dangerous traffic hazard with more injuries. I find it hard to believe that this proposal is being considered. To add another winery at this location is to blatantly ignore public safety. Both of us are natives of Southold Town. It is a shame to see the neglect of nature and wildlife in the name of tourism. The area for the proposed winery is a beautiful wooded area which has a spring fed pond. The runoff from the winery driveway will flow directly into the pond. There is a disregard for nature in this building proposal, Southold Town has lost enough woods and natural beauty. Sincerely, Darlene Brush John Brush CC: Southold Town Board Ralph Pugliese Joan Rysko Robert Johnson ,t. Robert Richmond 16_ fa 4X s�9 6�° ✓ui��93s / September 28, 1998 To: The Southold Town Board of Appeals As a resident of 34875 Main Road, Cutchogue for the past 55 years, I would like to protest and urge a negative vote for the establishment of a winery to the west of Pugliese Vineyards. The parcel of land should remain the refuge for wildlife as it has been for the past years. An increase in populous would certainly disturb the wildlife in the wooded area as well as wildlife to the natural pond which exists on the Pugliese property. I remember a huge sandpit on the rear of the property — has anyone questioned the safety of building on or near a former sandpit? The traffic on weekends in this area is horrendous especially in the Fall. The traffic going east is stopped in front of the school on many Saturday and Sunday afternoons. Do we need yet another driver trying to make a left hand turn out of yet another winery? I think not! The winery driveway would be on a curve and hill and certainly would not have safe access to Route 25. Most neighbors now must use the Cutchogue East School as a turnabout for safe driving when they exit their driveways. Children ride bicycles in this area to school and use of the playground and tennis courts at the school; just another reason not to add more cars to the area. The pedestrian traffic is also of concern. It is the age of walking, biking, running and senior citizen exercise. Another business driveway is another hazard for the people, many of whom have an alertness deficit.. I have heard that the winery owner does not want to disturb his Oregon Road neighbors. What about his Main Road neighbors, as well as the children of the area, who need a safe access to their school and its playground? Within a 1.5 mile stretch of Route 25 we have Peconic Bay Winery, Harbes Farmstand, Pugliese Winery, King Kullen Shopping Center, Gas N Go, Bedell Winery, Pindar Winery, Farmer Mike's; Krupski Pumpkin Farm and Lenz Winery. I do suggest that this is more than the traffic can bear for such a short distance in a supposedly rural area. Too many cars driving in and out is ,o just another tragedy waiting to happen. -A Thank you for your consideration. S' cerely, Ai X40 -L JoanRysko CC: Southold Town Board Ralph ,Pugliese Robert, Johnson , John Brush ,;7 SEP 221c 1 1 James & Christine Kuhlmann P.O. Box 604 Greenport NY 11944 September 22, 1995 Town of Southold Zoning Board of Appeals 53095 Main Road, P.O. Box 1179 Southold. NY 11971 Re: Protest of Variance Application of Palmer Vines, (Lieb Cellars LLC) Zoning Appeal #4605 Ladies and Gentlemen: Southold Town Code, Article III, Section 100- 31(A)(4)(b) clearly states that "The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or agricultural purposes, and which is owned by the winery owner"; this parcel is only 3.6 acres and is not owned by the proposed winery operator.' On this basis alone, a winery should not be contemplated. However, as we shall point out, there are many reasons why a winery should not be built at this site. My husband James and I purchased our home at 200 Den Kel Lane in February 1996. One of the main reasons that we chose this house is because the development rights were sold on the property behind the house and we knew that it would remain farmland ,in perpetuity. A winery is not agricultural. In actuality, it is a commercial facility with manufacturing and retail sales on site. If we had a peanut farm adjacent to our property, should a peanut butter or linoleum manufacturing plant be allowed? Or if it was a tree farm, should a sawmill or a paper mill be allowed in a residential area? As Mr. Lieb states in his variance application, he does not want a winery in his own back yard because it would change his "qu-iet residential area". but apparently he has no objections to changing our quiet l.ocality to a busy, loud and congested neighborhood. In addition, the location that Lieb Cellars LLC chose for their winery is at a dangerous place on the Main Road, as it is on a hill and a turn, with limited sight distance in both directions. According to a report that I requested from the Southold Town Police Department (see copy of letter attached), there -have been six accidents reported between Cox Lane and Cutchogue East School in the last twenty four month period. At least one of these accidents resulted in the death of two local women. The proposed driveway is situated almost at the spot where this fatal accident occurred. One can assume that conceivably there will be some alcohol consumption that will transpire at this winery and that it would be very dangerous to everyone using the Main Road. It would be irresponsible for the Town of Southold to approve a winery at this dangerous curve. In fact, I have observed Palmer employees using my neighbors driveway because their own driveway is located in too dangerous a spot for safe entry and exit. The variance, if it is approved will have an adverse effect on the physical and environmental conditions in the vicinity because it is quiet, undeveloped, and there are red— tailed hawks that live on that parcel. The red tailed hawk is a protected bird of prey and roosts in the trees that are exactly where Lieb Cellars plans to build his winery building. The alleged difficulty has been self created because as Lieb Cellars state, they could legally put a winery at their own vineyard located on Oregon Road. In the environmental assessment section, question #8, the proposed project will have an effect on our view. Our home and backyard look directly out onto the proposed building site and we would be able to see and hear all of the associated crowds that a winery would bring. In addition, the copy of the plan that we received in the mail is different than the one that I looked at in the file in Town Hall. Lieb Cellars is planning to build an additional agricultural building directly behind the southeast side of my property, this would further deteriorate the property values. One of the finer selling features of the properties adjacent to the proposed site has been that the "development rights have been sold and that'the property would remain agricultural". This has been the case since 1994, when the' zoning change made it impossible to develop unless there were 10 acres on which to build a winery. In closing, having stated all of our worries in regard to the proposed winery, we are trusting the Town of Southold Zoning Board of Appeals to make a prudent decision. Thank you. Sincerely, James & Christine Kuhlmann V II 1 r Administratin (516)765-2600/2601 Fax (516) 765-2715 P.0 Box 60. Greenport, -tork 11944 • y- _ yi,. Dial 911 JOSEPH CONWAY Cbiefof'P®dict In reference to your letter dated September 17, 1998, requesting the number of accident reports for the area of Main Road between ;'."ox Lane and Cutchogue East School, please be advised that for the period starting August lst, 1996 through September lst, 1998 there were a total of 6 motor vehicle accide-its. If our Department can be of any further assistance to yoLui please do not hesitate to contact us. yours, very truly Records - p - ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK — — — — — — — — — — — — — — — — — — — — In the Matter of the Application of PALMER VINES LLC Parcel ID 41000- 9-)- / - //, i STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) AFFIDAVIT OF SERVICE BY MAIL Amy Beasley, being duly sworn, deposes and says: On the 12th day of November, 1998, I personally mailed at the United States Post Office in Mattituck, 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 Southold Town Assessors 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, as follows: John H. Binns & Carol A. Binns 1000-97-1-11.5 62 Otay Avenue San Mateo, CA 94403 Robert G. Richmond & Georgia R. Richmond 33855 Main Road 1000-97-1-11.7 Cutchogue, New York 11935 Joseph J. Orlando & Elizabeth Orlando 1000-97-1-23.3 Main Road Cutchogue, New York 11935 James Kuhlmann and others 1000-97-1-23.6 P.O. Box 604 Greenport, New York 11944 D ,j 1 Donald Grim & Jeanne Grace Grim 1000-97-1-23.5 Oregon Road Cutchogue, New York 11935 Mark Rolle & Kay Rolle 1000-97-1-23.4 360 Den Kel Lane Cutchogue, New York 11935 Leonard D. Dank & Beryl E. Dank 1000-97-1-1 800 Cox Lane P.O. Box 194 Cutchogue, New York 11935 Ralph Pugliese & Patricia Pugliese 1000-97-1-12.5 2705 Bridge Lane 1000-97-1-12.7 Cutchogue, New York 11935 Mr. & Mrs. John B. Brush, Jr. 1000-97-2-8 34640 Main Road Cutchogue, New York 11935 Frank P. Svec & another 1000-97-2-9.1 Peconic Lane P.O. Box 104 Peconic, New York 11958 F. Devoe Bassford & others 1000-97-2-10 186 Jackson Drive West Palm Beach, Florida 33406 Robert Palmer 1000-96-3-6.4 Palmer Vines, LLC 108 Sound Avenue Riverhead, New York 11901 Leander Glover, Jr. 1000-96-3-6.3 815 Cox Lane Cutchogue, New York 11935 Steven Dubner 1000-84-4-6.1 140 Half Hollow Road Dix Hills, New York 11746 Dr. Herodotus Damianos 1000-84-4-10.1 P.O. Box 957 Port Jefferson Station, New York 11776-0957 Amy Beasley Sworn to before me this l $ day of November, 1998. otar Public Ai3l ,A- L A. tinficl:i�roIA 23 : of fma:YrLa"/ Public; Stale of New York KI 0. 6r.-4.6428 71 Qualified in &I"HOik COLM,tY Commission Expires Sept. 30, 19 LEGAL NOTICE SOUTHOLD TOWN BOARD OF APPEALS THURSDAY, NOVEMBER 19, 1998 NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, the following application will be held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS, at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on THURSDAY, NOVEMBER 19, 1998 at the time noted below (or as soon thereafter as possible): 7:50 p.m. Appl. No. 4605 — LIEB CELLARS (Current Owner: PALMER). This is a continued hearing regarding applicant's request for a Variance under Article III, Section 100 -31A(4 -b) for permission to construct Winery building and establish Winery Use on less than ten (10) acres. Location of Property: 3.612+- acre parcel, known as 34995 Main Road, Cutchogue, NY; Parcel ID 1000-97-1-11:4. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before the end of each hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: October 26, 1998. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN ZONING BOARD OF APPEALS TOWN OF SOUTHOLMNEW YORK ----------------------------------_---X In the Matter of the Application of PALMER VINES LLC (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000- q 7 - / - /1, ------------- ----------_--------------x COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, Abigail A. Wickham residing at Old Pasture Road, Cutchogue, , New York, being duly sworn, depose and say that: On the 11th day of November ,19 98 , I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure position upon my property, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* 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 hear° g date was shown to be 11/19/98 t ZW "0. , a- 4, (Signature) Sworn to before me this day of November19 98 (Notary Public) DONNA M. CHITUK NOTAWY PUBLIC, State of New YoT No. 4551459, Suffolk County *near the entrance or drivewIVIA rance o?'m�y p o0'0perty, as the area most visible to passersby. September 19, 1998 ME re W RE". Y, z"5 �q_ b--�EU SEP 2 2 1113108 ii Town Of Southold Zoning Board of Appeals 53095 Main Road Southold, NY 11971 Re: Variance Application, Lieb Cellars Winery Dear Mr. Gerard P. Goehringer: As major property owners at 33995 Main Road, which borders this proposed winery site, we feel this variance application should be denied for many reasons. Article III Section 100®31A(4)(b). The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agri- cultural purposes, and which is owned by the winery owner. This parcel of land is only 3.6 acres and is not owned by the proposed winery. There are enough wineries on Route 25 now. We do not need another one to create more congestion. The traffic in this area is bad now. Route 25 is so busy and when it rains or snows heavily, the drains cannot keep up with the run off. These drains are at the proposed driveway site. Besides this, the whole configuration of Route 25 is very dangerous at this point. The applicant does not want traffic in his quiet residential area. Do you think we want more traffic in ours? The real reason is the applicant wants more exposure for business. On the Short Environmental Assessment Form the applicant filled out, there should be some deep looking into by the Environmental Protection Agency. There will be major tree removal & grading. There are fresh water ponds that are fed under Route 25 from the creek. One such pond is on Pugliese property to the east. The other two are on said property or near by. There are many other items on the environmental form that cannot be answered without some kind of study done. Another study should be done on the effects of nature & wildlife. My mother, Dorothy R. Binns was born in 1907 on said property. She loved nature & wildlife and would want to protect it at any cost. I feel the same way. In closing, we feel that The Southold Town Board, The Environmental Protection Agency, and The Natures Conservatory should really take a hard look at this property. Also, The New York State Department of Transportation should look into the dilemma with Route 25 at this location. Se ely, •J n H.' & Carol A. Binns 62 Otay Avenue San Mateo, CA 944032859 l� � 7E; September, 15, 1998 Town of.Southold Zoning Board. -of Appeals, 53.095 Main Road, Post, Office Box 1179_ Southold, New York 11971 RE: PROTEST OF APPLICATION OF PALMER VINES, (LIEB CELLARS, LLC) ZONING APPEAL NO. 4605 Ladies and Gentlemen: Article ffi Section 100-31(A)(4)(b) The winery shall be on a parcel on which at least 10 aeres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner. This parcel of land is only 3.6 acres and is NOT owned by the proposed winery. We own the dwelling located at 33855 Main Rd., adjacent to the proposed winery. We purchased this home for the unique characteristics of the North Fork, to be used as our retirement home.,. Never in our wildest,.dreams did we envision sitting in our back yard with the sound, visions and congestion associated with a business. Additional vehicle traffic into the proposed winery, would be at a hazardous location. Last year there was a traffic fatality at the location of the proposed entry into the winery. The neighborhood concerns regarding the proposed winery is simple, there is already a high volume of vehicle traffic on Route 25, making entrance and exiting of driveways on this hill almost impossible in peak traffic. Adding another driveway would be dangerous, for vehicles traveling east on Route 25, as they approached unseen vehicles stopped to make a left turn into the- winery (vehicles are unseen because of a rise on the highway). Additional traffic would further compound the difficulty for neighboring homes to enter and exit their own driveways. You need only try to exit the Richmond driveway (@33900 Main Road) to fully understand the severity of the problem. When exiting that driveway an eastbound route is required, because of the speed of unseen on -coming traffic. Applicant (in his own statement) does not want to create additional traffic into his quiet residential area. What about the adjacent residential property and the elementary school at the proposed site?? Increase in noise would disturb the quiet residential neighborhood. Existing wineries, that have live music and/or bands are loud enough to be heard for a large area. You can't expect a large number of people to get together and not make more noise than should be expected in a residential neighborhood. Mr. Lieb is concerned about the serenity of his own surroundings , but seems to be willing to disrupt ours. Applicant does not own the proposed property, he could build the winery at a location where the required 10 acres could be obtained. Perhaps adjacent to his own property, or y C 1 on route 48. One wonders how many wineries can be sustained in the immediate area of the proposed site. Substantial decrease in property values to the residential area adjacent to the proposed winery. Property has been purchased knowing the code requirements . A selling feature of property adjacent to the site has been "THE DEVELOPMENT RIGHTS HAVE BEEN SOLD, THE PROPERTY WILL REMAIN AGRICULTURAL." Since 1994 Zoning change it has been known that 10 acres would be required to have a winery. The alleged difficulty, .BIAS been sel e created the current Zoning Code has been in effect since 1994, the Lieb Winery was not even proposed at that time. The environmental assessment by Lieb Cellars states that there are no wetlands on the property in question, there are tree (3) small freshwater ponds located on the northeast corner that have been there since I was growing up in the early 1950s. As far as any effect on groundwater is concerned, I think it is reasonable to say this is unknown at this time, but may be a problem in the future. As an aside, the ever constant willingness to remove yet another wooded area, and may I add, perman� emove it, seems to be slowly eroding what the North Fork was. I have no argument for the agricultural theme, however, replacing all of the woods with new buildings doesn't seem to fit the charm that is rapidly disappearing all over the North Fork. Having stated our concerns, and in harmony with the surrounding households, we are placing our trust in the administrators of the Town of Southold. We can be reached at our mailing address in California: wine Robert and Georgia Richmond 2829 Frankel Street Lakewood, CA 90712 Sincerely yours, Robert G. &Georgia Richmond s i ! on route 48. One wonders how many wineries can be sustained in the immediate area of the proposed site. Substantial decrease in property values to the residential area adjacent to the proposed winery. Property has been purchased knowing the code requirements . A selling feature of property adjacent to the site has been "THE DEVELOPMENT RIGHTS HAVE BEEN SOLD, THE PROPERTY WILL REMAIN AGRICULTURAL." Since 1994 Zoning change it has been known that 10 acres would be required to have a winery. The alleged difficulty, .BIAS been sel e created the current Zoning Code has been in effect since 1994, the Lieb Winery was not even proposed at that time. The environmental assessment by Lieb Cellars states that there are no wetlands on the property in question, there are tree (3) small freshwater ponds located on the northeast corner that have been there since I was growing up in the early 1950s. As far as any effect on groundwater is concerned, I think it is reasonable to say this is unknown at this time, but may be a problem in the future. As an aside, the ever constant willingness to remove yet another wooded area, and may I add, perman� emove it, seems to be slowly eroding what the North Fork was. I have no argument for the agricultural theme, however, replacing all of the woods with new buildings doesn't seem to fit the charm that is rapidly disappearing all over the North Fork. Having stated our concerns, and in harmony with the surrounding households, we are placing our trust in the administrators of the Town of Southold. We can be reached at our mailing address in California: wine Robert and Georgia Richmond 2829 Frankel Street Lakewood, CA 90712 Sincerely yours, Robert G. &Georgia Richmond j., 6 ;1 September 15, 1998 Town of Southold Zoning Board of Appealsti 53095 Main Road, Post Office Box 1179 Southold, New York 11971 RE: PROTEST OF APPLICATION OF PALMER VINES, (LIEB CELLARS, LLC) ZONING APPEAL NO. 4605 Ladies and Gentlemen: Article III Section 100-31(A)(4)(b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner. This parcel of land is only 3.6 acres and is NOT owned by the proposed winery. We own the dwelling located at 33855 Main Rd., adjacent to the proposed winery. We purchased this home for the unique characteristics of the North Fork, to be used as our retirement home. Never,in our wildest dreams did we envision sitting in our back yard With the sound, visions and congestion associated with a business. Additional vehicle traffic into the proposed winery, would be at a hazardous location. Last year there was a traffic fatality at the location of the proposed entry into the winery. The neighborhood concerns regarding the proposed winery is simple, there is already a high volume of vehicle traffic on Route 25, making entrance and exiting of driveways on this hill almost impossible in peak traffic. Adding another driveway would be dangerous, for vehicles traveling east on Route 25, as they approached unseen vehicles stopped to make a left turn into the winery (vehicles are unseen because of a rise on the highway). Additional traffic would further compound the difficulty for neighboring homes to enter and exit their own driveways. You need only try to exit the Richmond driveway (@33900 Main Road) to fully understand the severity of the problem. When exiting that driveway an eastbound route is required, because of the speed of unseen on -coming traffic. Applicant (in his own statement) does not want to create additional traffic into his quiet residential area. What about the adjacent residential property and the elementary school at the proposed site?? Increase in noise would disturb the quiet residential neighborhood. Existing wineries, that have live music and/or bands are loud enough to be heard for a large area. You can't expect a large number of people to get together and not make more noise than should be expected in a residential neighborhood. Mr. Lieb is concerned about the serenity of his own surroundings, but seems to be willing to disrupt ours. Applicant does not own the proposed property, he could build the winery at a location where the required 10 acres could be obtained. Perhaps adjacent to his own property, or on route 48. One wonders how many wineries can be sustained in the immediate area of the proposed site. Substantial decrease in property values to the residential area adjacent to the proposed winery. Property has been purchased knowing the code requirements. A selling feature of property adjacent to the site has been "THE DEVELOPMENT RIGHTS HAVE BEEN SOLD, THE PROPERTY WILL REMAIN AGRICULTURAL." Since 1994 Zoning change it has been known that 10 acres would be required to have a winery. The alleged difficulty, HAS been sel - created the current Zoning Code has been in effect since 1994, the Lieb Winery was not even proposed at that time. The environmental assessment by Lieb Cellars states that there are no wetlands on the property in question, there are tree (3) small freshwater ponds located on the northeast corner that have been there since I was growing up in the early 1950s. As far as any effect on groundwater is concerned, I think it is reasonable to say this is unknown at this time, but may be a problem in the future. As an aside, the ever constant willingness to remove yet another wooded area, and may I add, permanently remove it, seems to be slowly eroding what the North Fork was I have no argument for the agricultural theme, however, replacing all of the woods with new buildings doesn't seem to fit the charm that is rapidly disappearing all over the North Fork. Having stated our concerns, and in harmony with the surrounding households, we are placing our trust in the administrators of the Town of Southold. We can be reached at our mailing address in California: Robert and Georgia Richmond 2829 Frankel Street Lakewood, CA 90712 Sincerely yours, Robert G. & Georgia Richmond wine PLANNING BOARD MEMB EI-- BENNETT ORLOWSKI, JR. Chairman WILLIAM J. CREMERS KENNETH L. EDWARDS GEORIGF, RITCHIE LATHAM, JR. I HARD G. WARD G-aA)s of r, , ,�, o. Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-3136 Telephone (516) 765-1938 TO: Gerard P. Goehringer FROM: Bennett Orlowski, Jr., Chairman6��k !a , RE: Request for Planning Board . Comments Palmer Vines, L.L.S.j�- Route 25, Cutchogue SCTM# 1000-97-1-11.4 DATE: September 15, 1998 The Planning Board is not in favor of a winery on 3.612 acres. 'The Board has consistently required that the Code requirement of ten (10) acres be enforced. BOARD OF APPS I S Soutlio1W-7"oi,v7i -IVa' 9- 53o9.5 Mai72 Road Soutlioi4 -19,71 765-1809 ZP-A tel 765-9064 ZDA telefax. 1 Subdivision/W. h ld 1000-70-10-37. �._ . � a�_ it � '-� Our record shows ' v " hasbeencoordinated bythe P Recommendationsor suggestions should besent V oapplicant to consider beforeSeptember 23rd. Thank ,__R F n you. R{.. Ue,1 Cellars (with v: Pa .:die( ) Proposed W .y pr 1000-97-1-11.4. As an update 1 l€ the file, AttorneyGallp confirmed that y .n ilk J is incontract to a Y u . � property " u lr s � Palmer. Gall aindicated she t s1. i.r1°�:�:`itting more information at the hearing. Re-.Ras+1 t es,tl to Reverse rer Decision itl'n 1uf B.I. /Interpretation1000-35-5-4 Schroeder Property,, Main r t aIs East n t ..4 t.#/ (near Gr S 'np / ) This is rad'" 'oit„.x,r from ,u.ttl°r meeting and comments may b,• submitted until _ Z` be _ , �1998 (hearing 1 _s,, 07-T7CE Off' BOARD OF APPP.AIS SoutFioldi�o7v'a Mall 530g3 main Noaci Souh ol�-*Y 17g,71 765-18og Z73A tel 765-9064 ZI?A telefax. INTER -DEPARTMENTAL MEMORANDUM TO: { X } Planning Board { } Building Department { } Town Trustees FROM: Board of Appeals DATE: September 3, 1998 SUBJECT: Request for Preliminary Comments - Site Plan Provisions Applicant: Palmer Vines, L.L.S. Property ID #1000-97-1-11.4 We have an application pending for a variance in the above project which we understand may be reviewed by representatives of the Planning Board regarding the site plan provisions. The variance is based upon a Notice of Disapproval issued June 25, 1998 (copy attached). Since this project would also be submitted as an application for site plan approval, the Planning Board may wish to offer preliminary alternatives, suggestions or comments on the overall layout as presented to the ZBA at this time. The public hearing has been advertised for Thursday, September 24, 1998, at which time all comments must be submitted to be made a part of the official record. Thank you. Enclosures Q /fes rel` U qac WILLIAM WICKHAM ERIC J BRESSLER ABIGAIL A. WICKHAM LYNNE M GORDON JANET GEASA HUBERT F SULLIVAN LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.0 10315 MAIN ROAD, P O BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 516-298-8353 TELEFAX NO 516-298-8565 Sept. 2, Town of Southold Zoning Board of Appeals �! 53095 Main Road, Post Office Box 1179 r; Southold, New York 11971 i Re: Application of Lieb Cellars, LLC Ladies and Gentlemen: MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE III MELVILLE, NEW YORK 11747 516-249-9480 TELEFAX NO 516-249-9484 SEP Q 2 lig t Enclosed are seven prints of the proposed site plan. We are having the property staked and are mailing the notices today. Very truly yours, 4&�A� Abigail A. Wickham AAW:jm Enclosures 30/shdtnboa ' ^0 l 13-941'radio tower-` gntgnna1all,un-, 7.46 iai'App1�FN®°'46®2 -'`` derthe l q' is o �x1 In Bless 4 pp �IFFORI)' 'AIVI3 ;` RTJ�'II'K'i Coaa>na MCE CORNEI,I . -Phis is.a=gegiiest : theSoiafihotd-tj ?o Agwg., ode;," SS. l for a.Variaiice uiader,A'616 ffiAthe par l Section:1`00-30A`.,3-- foga b6iliiing ` vat a caseaau;o eAwho b e periaaalaiith®xazing.#1ie'c®igstaiab=`?, tioggs a I adign�un erTa;L g duly sworn says that tio�{Iocatioiiofaai„as built"=ata.,:.: cessgrygazeli®straactlue,wiuch - Ff`3fmthe? us®®unuf>%ordinator, of the fRAV- will ext `'” anai afl e��itlIle20 o'1®t,poverap ngc as ®%bis�he iblic newspaper printed fliaaiitati®n=®f e'„ .:� : '�"_ tire-a®de'at325=Wal==;tbusinegsi�v�e>Iay-A®q�te�piia^g rOunt °and that the n®- low- Point°R®ad;'Southald; Y,n bt;Ind sir oris l)" d r Y� Nom;.; g 6-5°26 .. ., :. $Sr9: Paice1'1000-5 trici? ,.ala®,kn®wn+,A q f:�ced is a prints copy, as: I✓®g#2g;v�i�1®w;Pointx =_. 3 :{ s:55.pppN�;52-:g iia Traveler Watchman 7,20 q�gr�Q7p7g� p}(� �+gg g��yg� p �t /wp py az p:m. AR�'II1UR"1'ORELL,:.� �'9J Y\Y7•Pt �7��'i78i�11''y3 �a�,t�•atW,.ci'. regrading pr®peities'known a's.,:, Veaidee,;,S®Piiipe =;'a coke-& :a 65 =Vdestrvood'rl iie area' 465'.1 ow%i}ers::,1 -ROB and ETHE ,.SGITIIOILl�'OW1�fB : OE - r :. Lane hieenro .'-N�', ., SC:1:>?I$�gPi pacanfns,,leuV=s.............................weeks IE"Alim�A1i;8' estwooit p rt, .lea '6 Eas ernTS ores•:Section) ues aaa as apr a(i®n' t 2,: L®ts #67 arida,#68=Paacel=IIl9s Reverse' Building `Insgiectoa,s gv® , =�in on the .. ......... s. 1000-33=2=IO and l l; as=fola t ARn ;�9. � 8%N�tice;®f Y)isa g :NOTdFIS;RE13�'CuIVENS .lows: c, ';i t :,;i >s .:i?:s i. prgvaA:in:wcappincarifapglne�d U puYsuant;to'$ecti®an`267 of ttiei APPll 3V®:`4603; for a I,ot to Jnse:preana es as,.an:aut®riiA ;',. ...•...::::�:. -tit;, - - -�; ..G.--..y.1•r•..'a n,4t zAiL �'own�I,awarid`the'Code"®f-tlie: diveriandeg dleH Section bile service.stain®aa�;with-=ga'S,4r ° owq ou old; the f llo�v 1(1Aa26_"re adi_n ran;_eXlstIlng, ° diaag';][r$speetor ti} g . g: g ,-putnpsr e." anal a ` hcati 'ns:iill ehelil'for;pu c® ntifae on ... a ... ... .°..°. PP:�,,,• �„t ,•.. �, b=,-•- �,noia, ,rifgaaaiiaig;flotgde d ;disapprove the.saabyect:;aPptn-•..u.... l ';ligaagn b: e SOfl J'I 1IOl;i�` tflie Suffglk-Coign STax,IVla as ` pp gs Y' • h' P cation ua�cQea icle.%Ly SPc�,. j IIOWIV:BOtAR�'OFAPPEAiS''° �}ll,`Section33 �lock2 which - afthe lost as been d ems tion QQ 24: ��a;for Iie;se�Sq Haat HAI '53095= � demergedwith � �° ad ace flier r ossa;: eis;. coo t day ®f Main Soaitlio�d;New 1'oi% - �D. n, yot refs �#�1y0;`-used on uedhiA4 :. i&s... . ,tom=i.... ? r a iIlR®ffiC�.8ifL4 381Hng is .•iHA 111�s 9 g1; ,on,'1$ifl 7Y�SDAY ` SEP= tiae`13,uiZ g = sppct®r°S` is sf.,-. R_4,O..l:ow: ens- 97 No r�:.: D ty !esidentia ;, �d ER�4”"1'998 `�� 3'E1VYB 4, 1�9 tics ,o a oval - ... ....... 19....... �tthe;times r�vfF3,�M,' P,ry �istrnctandrisaerefsir�i®:'Kori ei,= noted ' and `. p.w, g;�., , sooeaf-:�e• #,�.{.,...< r..�;.e•-Re ttecl'aaaale.S'ca aeiaeaaszjt ter T70. r aai v c asrpos�Sipe r PP,- 04 `for.a.anance. fApp�als ,, tea a they® , aaiid'ea :4rti' 6:3 fJ` gs.atn ° N.o` 4'S94r cfle Sections 100=r , ,:I; gyp, p 4� i $ PP t. n yQa, n �Catl�aIl� 1C$® 430�`�® tef 1 ] andNA CY FE 244E:f�iP`permissa®n constru f 4 /�/� RRARIIS. k;, <:• ,nr K' „fit'' G 25„reenpouea 'East araon;�.ull.: . Ileaaaig co tiiiued'frozn u u'st dwellih �yath'a'sid'e`y' aril set at ^ -s- •u............................... ;; u 1u'e ;�M:A g , : , , . NX;10 35 5=4 t:� fie., rasrt, w r, a.•. ``1- , = , , z' at less' - 5 feet'froraa the eX-:-i Public �.: a? e azdofA4,414-,..aid . istin o e ee'riZo °U 1Vo .4597 $� . rt1'.lirieb'etw' is , iacefliear tianeaaictp ?e?5 ., BARBARA ��D°Bi�9�9®L 13�Tlii) #i0 and' g.. a's''shovi�n ons or• epreseitiay `desiisaag INCi'][9EPARTMENT. ghis �z' , ori, filie s � g . a 1VIa of astetiiSli®-ea=se tion app +j` ARS PUBUC, State of Rein -POP& Request' ori._ ' l gwia' ode p ` h � be`hea�d gag;the almye lications basIls;;f®r anllpTA�'ION< _ 2; oialfeanataieiy`aae'foP ®rdesicin fro¢ 480684 s bpgitted'b ="tli"`�u liiin ''II)e' adjusts``dlot`sizes`®fl o`t'�68' : t_;g , !ratten,s6ate R Y; e i g, _- a and; m is 10 the_end;ofeaclah` Qualified in Suffolk0 is D -'est 67` to-redaac y ;:,. en..1ne, ear ; paatiaentb` a os'®f Cade. a°tlie s aiaaze f®ota a '` ` nforCeinti as ia¢ and lot_widtti of I®# 8, er ' ' lig 'heringyvi riot- eai:, (�®m �t�ires 6172 Ph ® kiwi :f s, a De= 6 th� eb{VJ pt �}�g� ¢�y �Q`�� y t'v _ 'Jets ¢ k' 'i' - t -fi {`. {, "Pi--F'� .-.c iL .1-1.11 81es*aVf�uy:°;' , increasin f F' teagnnticiai3aaisWheinngtlegaaes 7 g';t1e rioriconforniirig ableforview„4alaa'I''ugs tion oes:Ar4icle ; S,ectioz4:, i I,6t #67 ora. 5=ft;•:coaa OMI `` ' 3 Y” side yar -setback; : btisittesshoip�:( PML. ,:. You). IQs-2?9-lrand�ea�a}ig,.ag�P�Y®> havg ganestia: lease;dd'notaesiP vacan 330 ,aaa all; Z6*'i D tai 7:30` p ii is Ap' F = or' 460:6 ` . �a t- :r• 0'.t.; taietocll6al 09 ..Y Il'®1VA'A �r.:; i} ,. �; •i� p ta1C�S AD'' t1V1��R.:�"' Dat `d'• r;ijjh'°i.'3 i :> �y '1: r8 S ;. -a Aa$ B3St25; 1991 6;40, p.aya ApiRl: No.'4592=:I�s MAS®p;� his is. a I equgst fob: " = - ®I� OF-TBE a Van d> �< ,-,6 ACIiAItIAI�IIS: �dliis is a re ante iah&rArticfe Yll,: ":` ' ` ® AD T lsf,fsa"�"_g maces ianieFvsection;10p-239 n4�-for� eriis`.� _ jam;: S jO$IT�g`Y . JD®LaAVD OF' P .S ` .�rticl r4= 00;244 saoii'fo'extenclencewlachvi+ P �'.XXIV$ecti® •te oiilo` ' foraliaailduigie' taudio in' be at less than-75 feet„frpm.tlie d` �. ` '`r� `� v'.' �o, , rm1 g r r,'r :,-r;<:, �:: • � `:_ 6:laaira�aaa'.' the as ` dIlt' •.coPstructi -bulkhead os a ` ®ta;of;a lonpbilklieailat `13=913/9�(277� deckaddition at a-niin(aa iiia-"set'= ' 6760 Great PeconacaBay 13ou1e= back of ess;fiazg.SQfeetii®rrathe vard;,I; 461,•"N�' , a cel 1000-' propea�+y-iine and(b),On, 12(-1176 q.-.; . rx„ derAiic$e:ffi,.Sectton00;33•'for, - �7:4opm App1:No.4607-JON., gieiapassxola to..locate{ accessory SCIDUaM=AN1)`JANIsIt®SS s�iviannaing.00Ql.amran area Yocated I hIls gs a bequest for a Variance a �') �S :. giartly;i�athey sane; yard; oat l'6Q7 underAxtkle. V 6bif6 i l litile.I�eck,,00 Ia `d,.:Caatcliogue 244Daanthoizingtlie:"as;biailh�� N ; l?arc�l •f ®- 03�5=2.2. = raised bii&teriaceaiidition lo- erty Size;",40,6.04 sq` ii' "'; cated on a_ 191476+"-;`sq ft; non- 6:5 5;O, -'ie App1 ?No 4599= coanfoaaaniang fl®t"at 'a'front 3�ar�d'-w PA�ItI '1�®RI'lI�i1EI�.` is is setback.®frflessffiaaa'35.-f666to" a;1Lec�aaest:f®a a VaFiaiace aaaarler cat-®aa®fPa®perk1i 1295�OldHar•�~ A'titIle, 60tibn l00-239= '•bog. 'Cute® F- 413, fog buildin a®ad;: gue; NSI;, Pari :.(a) g:p raaait as = , cel=1000=fl b 7=Mo.1'.•� thonzing-const{uc on o f an"'as 760'psr Elgipl ,I ®;.4598' JEFF built"Yshed- aud, (b')�'"e 1? raPinssiomm �vOIJ�EAliasis'a'Request to locate'pir®posed :deck,. all ata for•, i/atnances uniieP-uncle IIIA; .+,. setback:offlgss Haan 'S;feet froaai Seotiofl-100-30A 3 a the-Bulk 'the`aiiilt laea'dd' af`3895 paradise and Parldng Schedule,F ea'''ap P®inti®ad,='S®utia®Yd;I ;'Par provaLbfa1btareaEof-23,638+� =cel'fl®00�$,�=1'�?alsmlgaown,as- sig;aft::•i�as_tlais.:pgoposed''subdivi;:i I ®g'#:°l ' sa;the araslise si6n =7-hi;.R- 0 :B. widl�eaasnty.° SegtionJi Subda'visionlVlap..'Fs. Iteside�tial Zogae,`,estab�ishe , im p:iai:.=APpfl ' :N®s� 460®� Jahuaay, :1989y a tf.,i, =I��I ERPZ ERlt/iAN :This-is lotaieab .40,00 . scg..f$; I;mcatioai `a; equest f®r'a.'�7ariaiaee-finder ofPro Brij-: EXtending frona.tiie-o- ,AsticleM_Q1L,:Section 100-239.41$ easter y'4 ®f a$en'srand , hifl Seo 6ii`1.00=244B forperinis- - 'iang _- R®tel, and 2950•:Pini,Neck, sionftd;construcGdeck -addition Road, Souihogd RTX; Parcel With 'asetback at•legs than 35 feet 7010-37.(63,638".0 s.f.)..a3:'c.J :< <: Yfr®raa'"tlbe rear pioppenty,fliaie_and 8:0®; p ria. ;ipp1` Nib.` :4.G05 , less-'feetfrom'•the�bulk' PAI NIER31lNES Bead; at 500 Soutlane;' ast Reclaiest:fdar•u,tlgiaancev:iagicflea;t ;'T'rcel{1000=38m6= ArtacfleSecti®aa>fl03lrA(4DO' (b) - �.. Al fop peaaa asSion t® cosastruct, ' 7:OS p.%ris :?.Agipl >No:` 4f01 ery:buildiaag an estaliflis�a:�T�aa . ROBE'RTSMII' & ANO; ji is ' ery_Use ori a 3-_4612t t acg a carpel; is;a`I equesffora:�/aaianceunder known its 349.95.:W!a sR®ad;, Article'3my", ;6c66100=2�41A Cutchogage; NYg:�aicelzl^®OQ=97 a foppe�iiss'on;to co 1-11,4. i nstciact'pro- � .,;:• ��' t• :� �•�.•.;,_., :', PPSe,,:'addt(®ii'anad alteration to 8 1.®";P:aaa: `APPI Noa`46t1 an a isting'.a'cce,;sspria sgr BUILDINGINSPEC'IOR::�sis_;, iviili"aiorac of®a ging cottage rise,. ° aRequeston,a�To*U-Wid_ a-. -"I b sed` ap®n�tlie� lVday 28;:&99i ,; sis for7aif.-IN1'ERPREIAi'IOIV Notice,of1)isapproval. Locih6o submitted by. the 'Building hk ;, of Property: 505 Pt. Pleasant spector for a Dete�•mgagation an-,° Page 3 — Legal Notice September 24, 1998 Hearings Southold Town Board of Appeals 8:00 p 4605 — PALMERVINES,.for a knownVariance under Article 111, Section 100-31A(4)(b) for permission to construct Winery building and establish Winery Use on a 3.612+- acre. ..Main Road,g1000-97-1-11.4. BOARDxated: August 25, 1998. BY ORDER OF THE SOUTHOLD TOWV OF .. GERARD .> GOEHRINGER Page 3 - Legal Notice September 24, 1998 Hearings Southold Town Board of Appeals NOTICEo Section 267 of the Town and - Code of the Town of Southold,,r application held for public hearing by the SOUTHOLD TOWN BOARD OF APPEALS a;, -- the Southold Town Hall, 53095 Main Road,, Southold,, New York 11971,F on THURSDAY, SEPTEMBER 24, ..: at the time noted i o Lhereafter as possible): I AL 1AAk'Tjr,G 1-4:M IR The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above application or desiring to submit written statements before the end of each hearing. Each hearing will not start earlier than designated. Files are available for review during regular Town Hall business hours (8-4 p.m.). If you have questions, please do not hesitate to call 765-1809. Dated: August 25,,1998. BY ORDER OF THE SOUTHOLD TOW BOARD OF APPEALS GERARD GOEHRINGER OFFICE OF Southold, NY11.971 (516) 765©1809 fax 765-9064 Dear Applicants For your record .co n 'i,; i rIti next '`i;,n t4... ; ..� s m'.t1, l step, pa _ 7 e findenclosed copyof the Legal 4 ot9i _ regarding your applicationwhich h w be published d by our ofi i the next issue of the L.I. Traveler Newspaper. Enclosures Office of the ZBA a 0-11,14imelommi =Filmm Im APP e - ' - _ ��'—�"- •1. -- _ .moi. } 4-1 BOARD OF APPEALS Southold Town Hall PO Box 1179, 53095 MainRoad `rp '``' - '` - ,•, Southold, I11x 11971 '" _=�.�-:--, r�=5•r;�< Abi Bail Wickham Esq. P.O. Box 1424 Mattituck, NY 11952's=` EIZZA SETH A. NEVI LLE TOWN CLERK REGISTRAR OF VITAL, STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: August 6, 1998 RE: Zoning Appeal No. 4605 - Lieb Cellars, LLC Town Hall, 53095 Main Road P.O. BOX 1179 Southold, New Fork 11971 Fax (516) 765-1823 Telephone (516) 765-1800 Transmitted herewith is Zoning Appeal No. 4605 - Lieb Cellars, LLC - Zoning Board of Appeals application. Also included is Notice of Disapproval, copy of survey, consent of owner, Transactional Disclosure Forms, Short Enviornmental Assessment Form and Z.B.A. Questionnaire. Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 516-249-9480 TELEFAX NO 516-249-9484 August 4, 1998 Re: Application of Lieb Cellars, LLC Ladies and Gentlemen: 1.Ua r inn") Town Clerk Southold We submit the enclosed variance application on behalf of the applicant, Lieb Cellars, LLC. Lieb Cellars is under contract to acquire the 3.6 -acre parcel which is the subject of the variance application from Palmer Vines, LLC. Palmer Vines, LLC owns the adjoining 53 acres of vineyard property to the North. Accordingly, we enclose the following: (1) Notice of Disapproval dated June 25, 1998 for failure to meet the 10 acre minimum lot size requirement; (2) Application for variance signed by Lieb Cellars, LLC; (3) Consent of owner; and Transactional Disclosure Forms (Owner& Applicant) (4) Environmental assessment form; (5) ZBA questionnaire; (6) Seven sets of the sketch submitted to the Building Department for the Notice of Disapproval. A site plan meeting your property criteria will follow prior to the hearing; (7) Check to order of Southold Town Clerk for $400.00. Our notice will be to those owners surrounding both parcels. Very truly yours, JAb'gail A. Wickham AAW:jm Enclosures 30/shdtnboa LAW OFFICES WICKHAM, WICKHAM & BRESSLER, P.C. 10315 MAIN ROAD, P O BOX. 1424 MATTITUCK, LONG ISLAND WILLIAM WICKHAM NEW YORK 11952 ERIC J BRESSLER ABIGAIL A. WICKHAM 516-298-8353 LYNNE M GORDON JANET GEASA TELEFAX NO. 516-298-8565 HUBERT F SULLIVAN Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 MELVILLE OFFICE 275 BROAD HOLLOW ROAD SUITE 111 MELVILLE, NEW YORK 11747 516-249-9480 TELEFAX NO 516-249-9484 August 4, 1998 Re: Application of Lieb Cellars, LLC Ladies and Gentlemen: 1.Ua r inn") Town Clerk Southold We submit the enclosed variance application on behalf of the applicant, Lieb Cellars, LLC. Lieb Cellars is under contract to acquire the 3.6 -acre parcel which is the subject of the variance application from Palmer Vines, LLC. Palmer Vines, LLC owns the adjoining 53 acres of vineyard property to the North. Accordingly, we enclose the following: (1) Notice of Disapproval dated June 25, 1998 for failure to meet the 10 acre minimum lot size requirement; (2) Application for variance signed by Lieb Cellars, LLC; (3) Consent of owner; and Transactional Disclosure Forms (Owner& Applicant) (4) Environmental assessment form; (5) ZBA questionnaire; (6) Seven sets of the sketch submitted to the Building Department for the Notice of Disapproval. A site plan meeting your property criteria will follow prior to the hearing; (7) Check to order of Southold Town Clerk for $400.00. Our notice will be to those owners surrounding both parcels. Very truly yours, JAb'gail A. Wickham AAW:jm Enclosures 30/shdtnboa Applicant: Lieb Cellars, LLC Continuation of Reasons for Area Variance; Paragraph 1 Lieb Cellars, LLC owns a vineyard in Cutchogue which is located direcly North of the property on the southwest corner of Bridge Lane and Oregon Road. While applicant could construct his winery at that location, it would create traffic in an otherwise quiet residential area. The proposed location of the Main Road is more suitable for a winery location. The development rights to a large portion of applicant's property on Oregon Road have been sold, and their primary residence is there, so they are committed to vineyard operation. 30-liebllc CONSENT OF OWNER PALMER VINES, LLC, the owner of the 3.6 -acre parcel at 34995 Main Road, Cutchogue, New York (SCTM ##1000-97-1-11.4), hereby consents to the application for a variance by Lieb Cellars, LLC, contract vendee of the property, for a variance to construct a winery with insufficient lot area pursuant to Notice of Disapproval of the Southold Town Building Department dated June 25, 1998. The members of PALMER VINES, LLC, are Robert Palmer and Lorraine Palmer. Dated: Q// /9 2 PALMER VINES, LLC Palti,/ Manager 30-palmer 14-16-4 (2/87)—Tect 12 PROJECT I.D. NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT /SPONSOR 2. PROJECT NAME Lieb Cellars, LLC 3. PROJECT LOCATION: Municipailty Cutchogue County Suffolk 4. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) ;,,34995 Main Road, Cutchogue, New York 11935 5. IS PROPOSED ACTION: ETNew ❑ Ezoansion ❑ Modl(Icatlontalteration 6. DESCRIBE PROJECT BRIEFLY: m Application to construct winery building on 3.6 acre parcel 7. AMOUNT OF LAND AFFECTED: Initlally3.6 acres Ultimately 3.6 acres 8. WILL PROPOSED ACTON COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? C] Yes ®No It No, describe briefly Variance from Southold Town Zoning Board of Appeals required.due to 10 acre minimum lot size requirement. 9. WHAT'IS PRESENT LANE) USE IN VICINITY OF PROJECT? M�Resldentlal Iildustriat ❑ Commercial ®A riculture Describe 9 C3ParkrForesUOpen space Q Other Residential and agricultural (vineyard) 10. DOES ACTION INVOLVE A PERMIT APPR01%AL OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY (FEDERAL STATrrEE� OR LOCALI?-� I.; Yes ONO It yes, list aa! ncy(s) and permitfapprovals - Southold Town Planning Board - site plan NYS Dept of Trans. - curb cut Suffolk County Health Dept. - well and sanitary system 1t. DOES ANY ASPECT OF THE ACT! ;N HAVE A CURRENTLY VAUD PERMIT OR APPROVAL? ❑ Yes � N� It yep list a95rcy name and permit/approvat 12. AS A RESULT QF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REOUIRE MODIFICATION? ❑ Yes rL�7 No I CERTIFY THAT THE INFORMATION PROVIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicant/sponsoi name: Lieb Cellars, LLC Date: _ 7/21/8 Signature:� It the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side) The V.Y.S. Environmental Quality Review Act reqrr�auires submission If this form, and an enviro-nr-iental review will be eq I- es this Board before any action is taken. SHORT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed that the preparer will use currently available information concerning the project and the likely impacts of the action. It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary. (c) If all questions have been answered No it is likely that the Project is not significant. (d) Environmental Assessment 1- Will project result in a large physical change to the project site or physically -alter more than 10 acres of land? / 2. Will there be a major change to any _Yes -'{/ NO unique or unusual land form on the site? 1, --mo 3. Will project alter or have a large effect on anexisting body _Yes of water? 4. Will _Yes L—No project have a potentially large impact on groundwater quality? 5. Will project significantly effect drainage _Yes 1—i.7o ' on adjacent sites? flow • Yes ✓No 6- Will project affect any threatened or endangered plant or animal species? ✓p 7. Will project result'in a major adverse effect on air quality? _Yes ✓o 8. Will project have a major effect on visual char- acter of the _Yes community or scenic iews or vistas known to be-=portant -the v to community? l=ifo _Yes. 9. Will project adversely impact any site or struct- ure of historic, pre -historic, or paleontological importance or any site designated as a critical envircnmental area by a local -. - agency? Yes L-INO 10. Will project have a major effect on existing or future recreational opportunities? _Yes 11. Will project result in major traffic problems cause L_ --No - or a major effect to existing transportation systems? � � V No _Yes 12. Will project regularly cause objectionable odors, noise, glare, vibration, or electrical disturb- ance as a result of the _ project's operation?Y/ _es 13. Will project have any impact on public health or safety? --IL`"o • _ 14. Will project affect the existing community by directly causing Yes �o a growth in permanent popula- tion of more than 5 percent over a one-year period or have a major negative effect on the —Yes Yo character of the community or neighborhood? 15. Is there public controversy concerning the project? Preparer's Si g —Yes o nature• Representing: 211A 9,/-75 Date: [� i QUESTIONNAIRE FOR FILING WITH YOUR Z.B.A. APPLICATION I A. Please disclose the names of Ithe owner(s) and any other individuals (and entities) having a financial interest in the subject premises and a description of their interests: , (Separate sheet may be attached.) Owner: Palmer Vines, LLC - Robert Palmer and Lorraine Palmer, Members Contract Vendee: Lieb Cellars, LLC - Mark Lieb and Kathy J. Lieb, Members B. Is the subject premises listed on the real estate market for - sale or being shown to prospective buyers? ( } Yes. ( A) No. Uf Yes, nl� attach copy of "conditions" of sale. ) Contract of Sale pending, contingent on approval of variance. C. Are there any proposals tm change = alter land contours? [X ) Yes ( ) No Minor regrading, see attached plan. D. 1. Are there any areas which contain wetland grasses? 2. Are the wetland areas shown on -the map submitted with this application? No 3. Is the property bulkheaded be,,�ween the wetlands area and the upland building area? INC 4. If your property contains wetlands or pond areas, have you contacted the Office of the Town. Trustees for its determination of jurisdiction? I-va E. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? (If not applicable, state "N.A.") Extreme southwesterly corner of property may be at 5 foot contour. F. Are there any patios, concrete barriers, bulkheads or fences which exist and are not shown on the survey map that you are submitting? NONE If none exist, please state "none." G. Do you have any construction taking place at this time concerning your premises? NO If yes, please submit a copy of your building permit and map as approved by the Building Department. If none, please state. H. Do you or any co-owner also own other land close to this parcel? YES If yes, please explain where or submit copies of deeds. 53 acres north of premises .(SCTM #1000-97-1-11-2). I. Please list present use or operations conducted at this parcel vineyard, barn for equipment /storage, farming and proposed use vineyard, barn for equipment storage, arming, winery/tasting/r.etail sales. LIEB CELL S, LLC By: Au•tn ed Si nature and Date rk Lieb 3/87, 10/901k APPLICANT TRANSACTIONAL DISCLOSURE FORM rM - lert the town of possible conflicts o t to take whatever action is necessar matron wnicn ca interest and al to avoid same. YOUR NhHHs Lieb Cellars, LLC, whose members are Mark Lieb and Kathy Jo Lieb (bast name, first name, middle initial, awnless you are applying in the name of someone else or other entity, such as a company. If so, indicate 'the other person'4's or company®s name®) NATURE OF APPLXCATION® (Check all that apply®) Tax grievance Variance X Change of zone Approval of plat Exemption from plat or official map Other (If "Other,00 name the activity.) YES NO X If you answered wYESo" complete the balance of this form and nate and sign where indicated Name of person employed by the 'Town of Southold Title or position of that person Describe the relationship between yourself (the applicant) and the town officer or employee® Either check the appropriate line A) through D) and/or describe in the space provided® The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply): A) the owner of greater than 5% of the shares of the corporate stock or the applicant (when the applicant is a corporation): S) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant is not a corporation); C) an officer, dlreco,or, partner, or employee of the applicantp or D) the actual applicant. DESCRIPTION OF RELATIONSHIP Submitted- this day of July 1998 Signature V /1�6 Mark ieb Kathy J.ie Print name - r c OWAI ie TRANSACTIONAL DjSCI.OSURj3 FORM The Town of Southold's Code of Ethics prohibits conflicts interest on the part: of town officers—and employees. The ur ose of this form is to vrovide 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: _Palmer Vines, LLC, whose members are Robert Palmer and Lorraine Palmer (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.) Palmer Vines, LLC is the owner of the property.; Lieb Cellars, LLC is the applicant NATURE OF APPLICATION: ( Check all tha t apply.) Tax grievance Variance x Change of zone- Approval one,lApprova1 of plat Exemption from plat,or orficial map Other (If "Other," name the activity.) Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship vith any officer or employee of the Tovn of Southold? "Relationship" includes by blood, marriage, or business interest. "Bdsiness interest" :Weans a business, including a partnership, in vhich the town officer or employee has even a partial ovnership of (or employment by) a corporation in which the tovn officer or employee owns more than 5% of the shares.. YES NO X If you answered "YES," complete the balance of this form and date and sign vliere indicated® Name of person employed by .the Town of Southold Title or position of that person Describe the relationship between yourself (tile applicant) and the town officer or employee. Either check the appropriate line lA) through D) and/or describe'in the space provided. The town officer or employee or his or tier spouse, sibling, parent, or child is (check all that apply): tA) the owner of greater than 5% o.f the shares of the corporate stock or the applicant (when the applicant is a corporation); B) the legal or beneficial owner of any interest in a noncorporate entity (when the applicant -is not a corporation); C) an officer, director, partner, or employee of the applicant; or D) the actual applicant. DESCRIPTION Or RELIATIONSIIIP Submitted this day of July 1998 Signature Signature Print name Rob Palmer Pr I n L• name Lorraine Palmer Ll f SOUTHOLD TOWN ZONING BOARD OF APPEALS -------------------------------------X In the matter of the Variance Application by LIEB CELLARS, LLC Appeal No. 4605 On the property owned by PALMER VINES, LLC SCTM# 1000-97-1-11.4 -------------------------------------X ABIGAIL A. WICKHAM, ESQ., Of Counsel. MEMORANDUM OF LAW WICKHAM, WICKHAM & BRESSLER, P.C. Attorneys for Applicant,] Lieb Cellars, LLC P. 0. Box 1424, 10315 Main Road Mattituck, New York 11952 (516) 298-8353 SOUTHOLD TOWN ZONING BOARD OF APPEALS -------------------------------------------X In the matter of the Variance Application by LIEB CELLARS, LLC Appeal No. 4605 On property owned by PALMER VINES, LLC SCTM#1000-97-1-11.4 --------------------------------------------X MEMORANDUM OF LAW INTRODUCTION This is a variance from Article 100-31 of the Southold Town Zoning Ordinance (the "Code"), which requires a 10 acre parcel for a winery. Applicant brought this application for a variance for approval of a winery on a 3.612 acre parcel. During the proceeding, applicant provided to the Board a long term land lease between applicant and the owner of the adjoining property for a contiguous 6.388 acre parcel. By virtue of the fee and leasehold interests, applicant will "own" a 10 acre parcel under the ownership definitions of the Code. It is applicant's position that the Town may not deny the application based on ownership, and further that the two parcels together, which total 10 acres, (a) meet the Code's requirement for a 10 acre parcel or, in the alternative (b) provide sufficient basis for the granting of the variance. D(1TTTT T THE USAGE, RATHER THAN THE OWNERSHIP, OF THE PROPERTY IS DETERMINATIVE IN ZONING QUESTIONS. The legitimate aim of a zoning ordinance is to regulate ownership, not usage. North Fork Motel, Inc. vs. Grigonis et al, 93 AD2d 883, 461 NYS2d 414. The Court held that "it is the use rather than form of ownership that is the proper concern and focus of zoning and planning regulations." 461 NYS2d at 415. Here, where the use and control of the entire 10 acre parcel will be in common, the Town cannot deny an appropriate use of the property on the basis of ownership. Therefore, since the applicant will own a fee interest and a leasehold interest and use the property in accordance with zoning, the usage must be approved. To do otherwise would render the Code unconstitutional and would be without authority under Town Law Sec. 261, which empowers a township to regulate zoning. OnTTTT TT THE FEE OWNERSHIP OF A 3.612 ACRE PARCEL BY THE WINERY OWNER AND THE LEASEHOLD INTEREST OF THE WINERY OWNER OF AN ADJOINING 6.388 ACRE PARCEL MEETS THE REQUIREMENT OF OWNERSHIP OF 10 ACRES BY THE WINERY OWNER. The 10 acre requirement of Article 100-31 is satisfied by the ownership interests held by applicant under its fee title to the 3.612 acres and its leasehold interest as lessee under the long term land lease to the 6.388 acres. Article 100-31(A)(4)(b) requires that "the winery shall be on a parcel ... which is owned by 2 the winery owner". The definition of "owner" is contained in Article 100-13 and includes "any other person having vested or contingent interest in the property in question". Therefore, the 10 acres may be "owned" by a party with a vested or contingent interest. The applicant will own the 3.612 acre parcel in fee title, and has a vested interest in the 6.388 acre parcel pursuant to his leasehold interest. Thus, applicant is the owner of a 10 acre parcel. The leasehold interest constitutes a vested interest in the property, and therefore meets the Code's definition of ownership. A vested interest in real property includes a certain present right to the property which carries with it an existing right of use or enjoyment. Black's Law Dictionary. A lease is a conveyance of an interest in land, and transfers a present interest in a designated portion of real property. 74 NY Jur 2d, Landlord and Tenant Sec. 4. Since there is no uncertain condition which must occur to give the lessee the leasehold right, the lease clearly creates a vested interest in the property. Although a lease, without consideration of the term, qualifies as an "ownership" interest, the term of this lease reinforces this conclusion and further argues in favor of the variance. The lease in this case is a long term land lease, with an initial term of 50 years and rights to renew for an additional 50 years. Long term leases have all of the economic earmarks of fee ownership, both for the lessee and any potential creditor. A 3 50 year term is sufficient to give the lessee a substantial temporal interest in the property to enable him to construct a building and other improvements on the property and to be sure he will have a long enough term in which to realize a reasonable return on his investment. The lessee has control of the property for long enough to justify "ownership" -type activities, such as major capital improvements. If the building is still in existence at the end of the lease, it will go back to the fee owner, but the lessee will have realized a sufficient return during the long period of usage. It is the long term nature of this lease which economically distinguishes it from an ordinary short term house lease, for example. Similarly, banks frequently lend funds secured by this type of leasehold interest, i.e., via a leasehold mortgage as security, since they know their mortgage will be paid long before the lessee must return the land. The termination provisions of the lease further support the contention that the lease creates a sufficient ownership interest. The lease may be terminated only under very limited circumstances. If the applicant does not obtain his winery approvals and does not purchase the 3.612 acre parcel, the lease may terminate. Also, if there is a default in the lease, the lessee may lose his interest. This is virtually identical to a fee ownership which can be lost by the foreclosure of a mortgage or failure to pay taxes. As a practical matter, considering a leasehold interest as an "ownership" fully satisfies the interest of the Code, i.e., to 4 insure the presence of vines in conjunction with a winery. It is anticipated that if this variance is granted, it would be on the condition that the entire 10 acre parcel remain under common "ownership". The Certificate of Occupancy would also contain that condition. C.O.'s are frequently issued with conditions imposed by the Zoning Board of Appeals. Thus, only so long as the vineyard or argicultural purposes test for the 10 acres is met, will the winery be permitted. Based on the foregoing, the Board should construe the Code - requirement of ownership as having been met by applicant's submission. POINT III THE EXISTENCE OF THE LEASEHOLD INTEREST GIVES THE APPLICANT SUFFICIENT CONTROL OVER A 10 ACRE PARCEL TO JUSTIFY THE GRANTING OF THE VARIANCE. The long term leasehold interest held by the applicant gives him sufficient dominion and control over the property to constitute a basis for the granting of a variance in this matter. A long term lease of this nature creates a significant encumbrance upon the property to justify the construction by the applicant of a multi -thousand dollar project, to enable applicant to obtain institutional financing on the property by the giving of a leasehold mortgage, and to exert effective ownership rights over the property for a period exceeding the useful life of the 5 project. This effectively "ties up" a 10 acre parcel devoted to the winery project. The facts of this case meet the objectives of the Code much more closely than other projects which have been approved. For example, the Pugliese winery only marginally meets the spirit of the ten acre requirement. Mr. Pugliese was, according to his testimony, required to connect his 2 acre winery parcel with acreage several hundred feet to the rear by a small strip of property. If the Town was willing to consider this as meeting the intent of the Code, where the bulk of the 10 acres is physically separated from the winery except for a narrow roadway, then certainly this applicant has meet the intent of the Code. Applicant and the fee owner have committed to transfer to applicant a 100 year interest in the real property, and that property as well as an additional 41 acres which immediately abuts the winery parcel is and will always remain as an agricultural usage by virtue of the sale of the development rights. Therefore, unlike Pugliese, there is not a small parcel isolated from vineyard purposes operating as a winery. The purpose of the 10 acre requirement was the maintenance of a vineyard or agriculture around the winery. This parcel clearly meets that intent. Moreover, a portion of the vineyard presently exists on the 3.612 acre parcel, at one point to the extent of almost 100 feet. Therefore, the two parcels will effectively continue to be used together for vineyard purposes. R1 The nature and method of operation of the vineyard is not addressed by the Code, and properly so. Thus, the question of who harvests the grapes is not relevant to this application. The fact is that grapes will be harvested. As Mr. Lieb testified at the hearing, Palmer and Lieb have had cooperative harvesting and bottling arrangements for some time. Who harvests grapes from year to year on any vineyard is usually the function of a variety of factors, including the need for that type of grape, the availability of harvesting equipment, the supply of grapes in general, and the quality and quantity of the particular harvest. Farmers routinely rent and harvest on other's lands, not only in the vineyard area, but in potatoes, wheat, sod, and many other crops. Contract farming is a normal part of agriculture which is essential to maintain viability of agriculture in an area with high real estate values and constantly changing supply and demand. This farm is not unique in that respect. The sole requirements of the Code in this regard are that the wine be made primarily from Long Island grapes and that the property be used for agricultural production. Given applicant's producing vineyard on Oregon Road, there is no concern that the grape source will not be satisfied, and it is clear that the vineyard and winery are exclusively agricultural. It is evident from the foregoing that applicant has a sufficient nexus with the property adjoining the 3.612 acre parcel to form the basis for a variance. The 3.612 acre parcel is not an isolated parcel, but bears a significant, vested 7 contractual connection and an irrevocable physical connection with adjoining vineyard acreage. CONCLUSION For the reasons set forth herein, it is respectfully requested that the Code be construed as permitting a fee and/or leasehold parcel as held by applicant, or in the alternative, that the variance be granted. Dated: Mattituck, New York December 10, 1998 ABIGAIL A. WICKHAM, ESQ. Of Counsel. WICKHAM, WICKHAM & BRESSLER, P.C. Attorneys for Applicant, Lieb Cellars, LLC P.O. Box 1424, 10315 Main Road Mattituck, New York 11952 (516) 298-8353 8 r § 10 -31 SOUTHOLD CODE § 100-31 (b) The keeping, breeding, raising and training of horses, domestic animals and fowl (except ducks)4 on lots of 10 acres or more. (c) Barns, storage buildings, greenhouses (including plastic covered) and other related structures, provided that such buildings shall conform to the yard requirements for principal buildings. (d) The retail sale of local produce from structures of less than 20 square feet floor area shall be set back at least 10 feet from any lot line. [Added 5-13-1997 by L.L. No. 8-19971 (3) Buildings, structures and uses owned or operated by the Town of Southold, school districts, park districts and fire districts. -(4) [Added 11-29-1994 by L.L. No. 26-1994] Wineries which meet the following standards: (a) The winery shall be a place or premises on which wine made from primarily Long Island grapes is produced and sold; (b) The winery shall be on a parcel on which at least 10 acres are devoted to vineyard or other agricultural purposes, and which is owned by the winery owner; (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. B. [Amended 12-21-1993 by L.L. No. 27-19931 Uses permitted by special exception by the Board of Appeals. The following uses are permitted as special exception by the Board of Appeals, as hereinafter provided, and, except for two-family dwellings and the uses set forth in 4 Editor's Note: See also Ch. 41, Ducks. 10040.2 8-10-97 1 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD: NEW YORK — — — — — — — — — — — — — — — — — — — — In the Matter of the Application of PALMER VINES LLC Parcel ID #1000 - STATE OF NEW YORK ) ss.. COUNTY OF SUFFOLK ) '/ i( �f I SEP 2 '1 AFFIDAVIT OF SERVICE BY MAIL Marion Prendergast, being duly sworn, deposes and says: On the 8th day of September, 1998, I personally mailed at the United States Post Office in Mattituck, 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 filed with the Southold Town Assessors 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, as follows: -Donald Grim & Jeanne Grace Grim 1000-97-1-23.5 475 Jernick Lane Southold, New York 11971 Mark Rolle & Kay Rolle 1000-97-1-23.4 360 Den Kel Lane Cutchogue, New York 11935 John H. Binns & Carol A. Binns 1000-97-1-11.5 62 Otay Avenue San Mateo, CA 94403 Robert G. Richmond & Georgia R. Richmond 33855 Main Road 1000-97-1-11.7 Cutchogue, New York 11935 Joseph J. Orlando & Elizabeth Orland 1000-97-1-23.3 Main Road Cutchogue, New York 11935 James Kuhlmann and others 1000-97-1-23.6 P.O. Box 604 Greenport, New York 11944 -Donald Grim & Jeanne Grace Grim 1000-97-1-23.5 475 Jernick Lane Southold, New York 11971 Mark Rolle & Kay Rolle 1000-97-1-23.4 360 Den Kel Lane Cutchogue, New York 11935 i 21 Sworn to before me this AS ay of September, 1998. Not Public 00NNA M. CHBITUK NOTARY PUBLIC, State of New Yolk No. 4851459, Suffolk County 2 3° a f f ma i 1 Term Expires August 18, Marion Prendergast � Leonard D. Dank & Beryl E. Dank 1000-97-1-1 800 Cox Lane P.O. Box 194 Cutchogue, New York 11935 Ralph Pugliese & Patricia Pugliese 1000-97-1-12.5 2705 Bridge Lane 1000-97-1-12.7 Cutchogue, New York 11935 Mr. & Mrs. John B. Brush, Jr. 1000-97-2-8 34640 Main Road Cutchogue, New York 11935 Frank P. Svec & another 1000-97-2-9.1 Peconic Lane P.O. Box 104 Peconic, New York 11958 V F. Devoe Bassford & others 1000-97-2-10 186 Jackson Drive West Palm Beach, Florida 33406 `Robert Palmer 1000-96-3-6.4 Palmer Vines, LLC 108 Sound Avenue Riverhead, New York 11901 Leander Glover, Jr. 1000-96-3-6.3 815 Cox Lane New York 11935 \,Cutchogue, a Steven Dubner 1000-84-4-6.1 140 Half Hollow Road Dix Hills, New York 11746 Dr. Herodotus Damianos 1000-84-4-10.1 P.O. Box 957 Port Jefferson Station, New York 11776-0957 Sworn to before me this AS ay of September, 1998. Not Public 00NNA M. CHBITUK NOTARY PUBLIC, State of New Yolk No. 4851459, Suffolk County 2 3° a f f ma i 1 Term Expires August 18, Marion Prendergast a ZONING BOARD OF APPEALS TOWN OF SOUTHOLD:NEW YORK In the Matter of the Application of PALMER VINES LLC (Name of Applicant) Regarding Posting of Sign upon Applicant's Land Identified as 1000= - COUNTY OF SUFFOLK) STATE OF NEW YORK) AFFIDAVIT OF POSTING I, ABIGAIL A. WICKHAM residing at Old Pasture Road, Cutchogue , New York, being duly sworn, depose and say that: On the 14th day of September ,19 98 , I personally placed the Town's official Poster, with the date of hearing and nature of my application, in a secure he position upon AtWproperty, located ten (10) feet or closer from the street or right-of- way - facing the street or facing each street or right-of-way abutting this property;* and that I hereby confirm that the Poster has remained in place forseven days prior to the date of the subject hearing date, which hearing date was shown to be 9/24/98 o 9 (Signature) ABIGAIL A. WICKHAM Sworn to before me this X31' qday of Sept. ,19 98. UW10AF KOWALSIG �r® s P1011% stow d, 1O. 624524771 QualMed In Suff®1k COUM (Notary Public) I�mmissl®tnaTesl4o�s.3®,9a Eeas the area most visible to passersby. i FOR OFFICIAL USE BY STAFF AND MEMBERS- AS U-PDATES70 FILE Ref: A �I� "-,/ !/,-, /P/98 /98 /98 6P-fl98 /3//98 bw /98 //J5 -/9g 198 /98 /98 /98 /98 /98 N 4&0 2-7, 00" Er T � N/F D.P. ROBINSON, D.R. BINNS 81. M.R. MEARS N/F NEWRYSKO 1000 - 97 - 1 -11.004 30 FT :ACCESSORY ADDRESS CUTCHOGUE, NY 11935 A. AGRICULTURAL . 1 - I BUILDING , Young & Young p I I 1,500 SF Riverhead, N.Y. 11901 � License # LS 45893 Dated: 2/17/81 1 I SITE: 3.612 Acres / 157,339 sq. ft. � t U. M , L S 4(0" � 27' bo" lit✓ Ios,,00' � 20 FT N/F D.P. ROBINSON SIDE p YARD U" SET- A H I BACK 1 cn 0 rr m N In LLJ S5zzo21ro;'w NEIGHBORING RESIDENCE EXISTING GRAPE VINES ,l I / 4 i i i i LAWN ' - 25 2� I 1 / I - r r i r i 1 i/ EXISTING i� I LOADING EXISTING NEW AREAOR STORAGE ' 't:yr WINER'Y BUILDING, 5,00" SF 7 SF �, �,7 �.; PLANTINGS "r`'"PLANTINGS 71 `� • � b • R/VIEFVVA f ENTRY z5 � LAWN WAILK D.R. BINNS ► , 20 FT k PARKING AREA, .' SIDE y YARD ° ' 1 , 21 SPACES ,' .. 1 •; \ r,•'r � ,, SET-lo , NEIGHBORING _ BACK`�, STRUCTURE 11 it �i° � li '16, ''1 '� '•14 ,�� , STONE tNgLL1 LANDSCAPING 1:5.S • ', Gil 1 A t 1 1 .r."i"ITE "Ll'OkH. 1 "= 30'-011 �3'z3 1000 - 97 - 1 -11.004 + I 1 r ADDRESS CUTCHOGUE, NY 11935 OWNER: PALMER VINEYARDS L.L.C. . 1 1 , Young & Young 400 Ostrander Ave. Riverhead, N.Y. 11901 License # LS 45893 Dated: 2/17/81 1 A -C SITE: 3.612 Acres / 157,339 sq. ft. 1 , 1 A 1 / , 1 1 .r."i"ITE "Ll'OkH. 1 "= 30'-011 �3'z3 25- FTS, SIDE YARD SET- BACK 1 I U ENTRY N DRIVE I _20 FT WIDE_ � 'J � II /• N I' 1 g1 1 . / I , N/F PALMER VINES LLC s tW SCTM # 1000 - 97 - 1 -11.004 + I 1 r 25- FTS, SIDE YARD SET- BACK 1 I U ENTRY N DRIVE I _20 FT WIDE_ � 'J � II /• N I' 1 g1 1 . / I , N/F PALMER VINES LLC s tW SCTM # 1000 - 97 - 1 -11.004 PROPERTY: 34995 MAIN ROAD ADDRESS CUTCHOGUE, NY 11935 OWNER: PALMER VINEYARDS L.L.C. . 1 RIVERHEAD, NY 11901 SURVEYOR: Young & Young 400 Ostrander Ave. Riverhead, N.Y. 11901 License # LS 45893 25- FTS, SIDE YARD SET- BACK 1 I U ENTRY N DRIVE I _20 FT WIDE_ � 'J � II /• N I' 1 g1 1 . / I , N/F PALMER VINES LLC s tW SCTM # 1000 - 97 - 1 -11.004 PROPERTY: 34995 MAIN ROAD ADDRESS CUTCHOGUE, NY 11935 OWNER: PALMER VINEYARDS L.L.C. 108 SOUND AVE. RIVERHEAD, NY 11901 SURVEYOR: Young & Young 400 Ostrander Ave. Riverhead, N.Y. 11901 License # LS 45893 Dated: 2/17/81 ZONING: A -C SITE: 3.612 Acres / 157,339 sq. ft. BUILDING: Total: 8,217 sq. ft. AREA Existing.- Storage xisting:Storage Building: 1,717 sf New: Winery: 5,000 sf Accessory Agricultural Building: 1,500 sf LOT: 5.22% actual / 20 % max COVERAGE PARKING CALCULATIONS: Existing Storage Building: 1,717 sf @ 1 per 1000 sf = New Winery: Tasting room: 2000 sf @ 1 per 200 sf = Fermentation: 3,000 sf @ 1 per 500 sf = New Accessory Agricultural Building: 1,500 sf @ 1 per 1000 sf = TOTAL PARKING SPACES REQUIRED: 19.21 / 20 SPACES TOTAL PARKING SPACES PROVIDED: 21 SPACES including 2 handicapped parking spaces TRUCK PARKING & LOADING: LOADING BERTHS: 1 Provided / 1 Required 1.71 spaces 10 spaces 6 spaces 1.5 spaces if ry O i' f W W tD V ui_i U D U roject +1 4a I I Drawn y: u s Checked By: I� v Date: 9 l ► /98 Scale: Sheet Title: 7 ` roject +1 4a I I Drawn y: u s Checked By: I� v Date: 9 l ► /98 Scale: Sheet Title: