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HomeMy WebLinkAbout69020-1cuAle- Old A)vA, 13arp S/ 14- U—C 3 ,5- '414- ��i Vi i at op -41 exisfi3tw( ,z- kt,( i ldivju 40 jv)dqdc a t,4� i n -c P OdL I [k i bid Jtx�- /I i Sem�o-/,y C) P(- /11- w va j I -Pctnv-,,,, tclaadceL ClIble- a1d 3 sl 5-1(36 10Ick Y' -A, S041kj� .5 -C C /n +- e4 -f Ve ITL:h dV\3 NAc-p- op bisc-ployDvat 4""4- A)04f- 4-k is `vMaT)rt4 -yo — P14- 1)-7116 �41 oz Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Tel. (631) 765-1809 Fax (631) 765-9064 COVER SHEET WITH ZBA FILE STATUS OF FILE ZBA # �6clo o: Name : 0/01 �,Ori-K 6k V4 u -G (10UrZ tT14� Tax Map #: J 0-00 ' S 1 —3 -5 Location : 5-19S 0(6(AJ6141t, RA [ ] Refund issued : CANNOT activate or reactivate file (Applicant has withdrawn application). [�;< NO REFUND DUE, based on time spent for Town to process application and hearings. [ , ] Obsolete & expired; CANNOT reactivate this file: NEW APPLICATION NECESSARY: Extensive time has passed; Zoning Code changes are now in effect and this application expired. NOTE: Applicant may apply for a new application with Building Inspector for a new Notice of Disapproval and submit NEW application with all documents and current maps to ZBA, or modify plan to conform to the current code. This Town file based on applicant's previous year requests has expired. [ ] No forms to be scanned; FILE # VOID: APPLICATION RETURNED. (All forms were returned to applicant early in process, as requested by applicant.) ERIC J. BRESSLER ABIGAIL A. WICKHAM JANET GEASA LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 WILLIAM WICKHAM (06-02) 631-298-8353 TELEFAX NO 631-298-8565 awickham@wbglawyers.com January 8, 2016 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Appeal No. 6902 - Variance JAN 14 201 O 6 Property owned by Claudia Purita & North Road Barn, LLC Premises: 5195 Old North Road, Southold, New York 11971 SCTM# 1000-51-3-4.11, 4.12, 4.13, 4.14 & 5 Ladies and Gentlemen: Based upon the discussions at the hearing yesterday morning, and your decision on the interpretation of "major road" in Application #6903, we withdraw the application for the variance as moot. Thank you for your consideration of these matters. AAW/dm End RE/P//zbaltr2015-2 Cc Claudia Purita via email Nancy Steelman via email Very truly yours, Abigail A. Wickham COUNTY OF SUFFOLK a r� Steven Bellone SUFFOLK COUNTY EXECUTIVE Department of Economic Development and Planning Joanne Minieri Deputy County Executive and Commissioner Town of Southold Zoning Board of Appeals 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 Attn: Leslie Weisman Dear Ms. Weisman: i 0l a.0 60ARD 0P APPE LS / V November 17, 2015 Division of Planning and Environment Pursuant to the requirements of Sections A 14-14 thru A 14-25 of the Suffolk County Administrative Code, the following application submitted to the Suffolk County Planning Commission is to be a matter for local determination as there appears to be no significant county -wide or inter -community impacts. A decision of local determination should not be construed as either an approval or disapproval. Applicant Municipal File Number El -Sherif, Nabil #6899 Ice Electric #6900 Purita, Claudia (d/b/a Old North Barn, LLC) #6902 Very truly yours, Sarah Lansdale Director of Planning Theodore R. Klein Senior Planner TRK/cd �°- H. LEE DENNISON BLDG ■ 100 VETERANS MEMORIAL HWY, 4th FI ■ P.O. BOX 6100 ■ HAUPPAUGE, NY 11788-0099 0 (631) 853-5191 At 4 FORM NO. 3 RECEIVE 41 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. BOARD OF APPEALS NOTICE OF DISAPPROVAL DATE: August 10, 2015 AMENDED: October 13, 2015 TO: Samuels & Steelman (One Woman Winery) 25235 Main Road Cutchogue, NY 11971 Please take notice that your request dated July 16, 2015 For permit for additions and alterations to and the conversion of an existing storage building to include a wine production building at Location of property: 5195 Old North Road, Southold, NY County Tax Map No. 1000 — Section 51 Block 3 Lot 5 Is returned herewith and disapproved on the following grounds: Pursuant to Article III, Section 280-13A, 4, (c) The winery structures shall be set back a minimum of 100 feet from a major road; and (d) The winery shall obtain site plan approval. +/-59.8 This Notice of Disapproval was amended on October 13, 2015 to col' ct the address. Cc: File, ZBA, planning TO: FORM NO. 3 TOWN OF SOUTHOLD BUILDING DEPARTMENT SOUTHOLD, N.Y. NOTICE OF DISAPPROVAL AL1 Samuels & Steelman (One Woman Winery) 25235 Main Road Cutchogue, NY 11971 I DATE. August 10, 2015 �� ' Please take notice that your request dated July 16, 2015 For permit for additions and alterations to and the conversion of an existingstorage torage building to include a wine production building at Location of property: 19995 Soundview Avenue, Southold, NY County Tax Map No. 1000 — Section 51 Block 3 Lot 5 Is returned herewith and disapproved on the following grounds: Pursuant to Article III, Section 280-13A, 4, (c) The winery structures shall be set back a minimum of 100 feet from a mayor road; and (d) The winery shall obtain site plan Authorized Signature Cc: File, ZBA, planning Fee: $ Filed By: Assignment No. RECEIVED Al "Nov Of, APPLICATION TO THE SOUTHOLD TOWN BOARD OF APPEALS AREA VARIANCE BOARD OF APPFAI_S House No.5195 Street Old North Road Hamlet Southold (storage barn) And 19110 Sound View Avenue, Southold, NY (farm parcel) SCTM 1000 Section 51 Block 3 Lot(s)_4.11,4.12, 4.13, 4.14 & 5_Lot Size 22.48 Zone AC I (WE) APPEAL THE WRITTEN DETERMINATION OF THE BUILDING INSPECTOR DATED Aug 10, 2015/ BASED ON SURVEY/SITE PLAN DATED July 16, 2015 amended October 13, 2015 Applicant(s)/Owner(s): Claudia Purita; Old North Road Barn, LLC Mailing Address: 19995 Soundview Ave., Southold, NY 11971 Telephone: 765-1200 Fax: Email: eastendwinesgaol.com NOTE: In addition to the above, please complete below if application is signed by applicant's attorney, agent, architect, builder, contract vendee, etc. and name of person who agent represents: Name of Representative: Abigail A. Wickham for (X ) Owner ( )Other: Address: PO Box 1424, 13015 Main Road, Mattituck, NY 11952 Telephone: 631-298-8353 Fax: 631-298-8565 Email: awickham(?wbglMers.com Please check to specify who you wish correspondence to be mailed to, from the above names: () Applicant/Owner(s), (X) Authorized Representative, () Other Name/ Address below: WHEREBY THE BUILDING INSPECTOR REVIEWED SURVEY/SITE PLAN DATED_ July 16, 2015 and DENIED AN APPLICATION DATED July 16, 2015 FOR: (X) Building Permit O Certificate of Occupancy O Pre -Certificate of Occupancy () Change of Use () Permit for As -Built Construction () Other: Provision of the Zoning Ordinance Appealed. (Indicate Article, Section, Subsection of Zoning Ordinance by numbers. Do not quote the code.) Article: III Section: 280-13A Subsection: (4) Type of Appeal. An Appeal is made for: (x ) A Variance to the Zoning Code or Zoning Map. () A Variance due to lack of access required by New York Town Law- Section 280-A. () Interpretation of the Town Code, Article Section (x) Reversal or Other: that Old North Road is a "maior" road - Town Code Article III Section 280-13A(4). A prior appeal (x ) has, () has not been made at any time with respect to this property, UNDER Appeal No(s). 3999 Year(s). 1991 . (Please be sure to research before completing this question or call our office for assistance) Name of Owner: ZBA File# RECEIVED REASONS FOR APPEAL (Please be specific, additional sheets may be used with preparer's signature notarized) 1. An undesirable change will not be produced in the CHARACTER of the neldU,@M&MOF detriment to nearby properties if granted, because: The applicant will merge this parcel with the adjoining farm parcel, Tax Lots 4.11, 4.12, 4.13 & 4.14. The proposed building is existing, and has been used for commercial agricultural purposes since the 1940's. The winery operation is conducted entirely indoors except for limited seasonal crushing in the Fall. The winery sales are to be conducted in the red barn/tasting room on the same parcel, so travel between the winery and the tasting room will be within the bounds of the farm, and excessive traffic on the public road will not be created. The winery building is for production, not as a public tasting room, which will be located in the large red barn. The use is consistent with the agricultural vineyard operation on the premises. The distance of the building from Old North Road will remain as it has for decades. The exterior fagade of the building will not change substantially, and the addition is styled in the same manner as the existing exterior. 2. The benefit sought by the applicant CANNOT be achieved by some method feasible for the applicant to pursue, other than an area variance, because: It would be cost prohibitive to build a new winery building. The applicant seeks to utilize an existing building which, due to it's concrete construction, is ideally suited to the proposed purpose. The building is concrete and cannot be relocated. 3. The amount of relief requested is not substantial because: The applicant seeks to maintain the existing setback of the building. Further, the front yard setback meets the requirements of the Code for any other type of building. 4. The variance will NOT have an adverse effect or impact on the physical or environmental conditions in the neighborhood or district because: The location of the building will not change, and the winery operation is conducted indoors. There is ample room on the parcel for parking and for winery purposes. Has the alleged difficulty been self created? { } Yes, or {X } No Why: The building was constructed decades ago. Are there any Covenants or Restrictions concerning this land? {X } No { } Yes (please furnish a copy) This is the MINIMUM that is necessary and adequate, and at the same time preserve and protect the character of the neighborhood and the health, safety and welfare of the community. Signature of Applicant or Authorize Agent (Agent must submit written Authorization from Owner) Claudia Purita S;W& to before me this of November, 0l 5. —11-106Public ABIGAIL A. WICKHAM Notary Public State of New York No. 52-4642871 Qualified in Suffolk County Commission Expires Sept. 30, 2000 l 7 One Woman Wines/Claudia Purita Nl bq 00) - APPEALS RECEIVED , ' APPLICANT'S PROJECT DESCRIPTION U Cl' APPLICANT: Cc. Au di,# 194,2/;rX DATE PREPA DA,RD OF APPEALS 1. For Demolition of Existing Building Areas Please describe areas being removed: /Y0 /-Vv II. New Construction Areas (New Dwelling or New Additions/Extensions): Dimensions of first floor extension: ,?, - v Cl 0 - Dimensions of new second floor: Dimensions of floor above second level: 4A Height (from finished ground to top of ridge): Q 7-.;Q Is basement or lowest floor area being constructed? If yes, please provide height (above ground) measured from natural existing grade to first floor: h a 6n c'0m en - - III. Proposed Construction Description (Alterations or Structural Changes) (Attach extra sheet if necessary). Please describe building areas: Number of Floors and General Characteristics BEFORE Alterations: G 1) t'- �dri Number of Floors and Changes WITH Alterations: C n e ja/j11 e c IV. Calculations of building areas and lot coverage (from surveyor): Existing square footage of buildings on your pro erty: ILMJ f. Proposed increase of building coverage: Square footage of your lot: el q q 9G B r Percentage of coverage of your lot by building area:Lr Efflz4- 11C f V. Purpose of New Construction: Z */�., /r L - - U LLI Idl- R VI. Please describe the land contours (flat, slope %, heavily wooded, marsh area, etc.) on your land and how it relates to the difficulty in meeting the code requirement (s): FLAT jcv90 Please submit 8 sets of photos, labeled to show different angles of yard areas after staking corners for new construction, and photos of building area to be altered with yard view. 4/2012 /� :FIVED QUESTIONNAIRE FOR FILING WITH YOUR ZBA APPLICATION BOARD OF APPEALS A. Is the subject premises listed on the real estate market for sale? Yes V No B. Are there any proposals to change or alter land contours? V No Yes please explain on attached sheet. C. 1.) Are there areas that contain sand or wetland grasses? '> 1001 671 +ag- lak—4,13 2.) Are those areas shown on the survey submitted with this application? !6eS 3.) Is the propert}' bulk headed between the wetlands area and the upland building area? N / A- w ei-i-- vJ5 4.) If your property contains wetlands or pond areas, have ou contacted the Office of the Town trustees for its determination of jurisdiction? /�/ A+- Please confirm status of your inquiry or application with the Trustees: and if issued, please attach copies of permit with conditions and approved survey. D. Is there a depression or sloping elevation near the area of proposed construction at or below five feet above mean sea level? A0 E. Are there any patios, concrete barriers, bulkheads or fences that exist that are not shown on the survey that you are submitting? l\/o Please show area of the structures on a diagram if any exist or state none on the above line. F. Do you have any construction taking place at this time concerning your premises? If yes, please submit a copy of your building permit and survey as approved by the Building Department and please describe: G. Please attach all pre -certificates of occupancy and certificates of occupancy for the subject premises. If any are lacking, please apply to the Building Department to either obtain them or to obtain an Amended Notice of Disapproval. H. Do you or any co-owner also own other land adjoining or close to this parcel? No If yes, please label the proximity of your lands on your survey. I. Please list present use or operations conducted at this parcel Pav-m wine Ylneua2d and the proposed use Same w'AA o►I BF 411 I V1A 6>-ofgf Q ioy > 14AA,y (ex: existing single family, proposed: same with garage, pool or oth A - -t C - PU - A�_X� Authorized signature and Date AGRICULTURAL DATA STATEMENT ZONING BOARD OF APPEALS TOWN OF SOUTHOLD RECE1VED BOARD OF APPEALS WHEN TO USE THIS FORM: This form must be completed by the applicant for any special use permit, site plan approval, use variance, area variance or subdivision approval on property within an agricultural district OR within 500 feet of a farm operation located in an agricultural district. All applications requiring an agricultural data statement must be referred to the Suffolk County Department of Planning in accordance with Section 239m and 239n of the General Municipal Law. 1 2. 3. 4. 5 Name of Applicant: C LAt)D I A POP—rT-)k / of 17 bMiZTt Address of Applicant: /qjq,5' 59b,r16 AW Je- NameName of Land Owner (if other than Applicant) - Address of Land Owner: Description of Proposed f Project: C�L�t dy1�L�s dt� LL-C- 6. Location of Property: (triad and Tax map I AV / f number) /D DO -- 5-1 — 3 — q. //" * / 7, Ll • / 3 } —4. / �4 ai(j j 7 Is the parcel within 500 feet of a farm operation? f4 -Yes { } No 8. Is this parcel actively farmed? {W} -Yes { } No 9. Name and addresses of any owner(s) of land within the agricultural district containing active farm operations. Suffolk County Tax Lot numbers will be provided to you by the Zoning Board Staff, it is your responsibility to obtain the current names and mailing addresses from the Town Assessor's Office (765-1937) or from the Real Property Tax Office located in Riverhead. NAME and ADDRESS 4. 5. 6. .2yo C �S�zSt IVY /V 1/��ozg. 5/— —/0./& (Please use the back of this page if there are additional property owners) Signature of Applicant �i 1Z1:nl<� Date Note: 1. The local Board will solicit comments from the owners of land identified above in order to consider the effect of the proposed action on their farm operation. Solicitations will be made by supplying a copy of this statement. 2. Comments returned to the local Board will be taken into consideration as part as the overall review of this application. 3. Copies of the completed Agricultural Data Statement shall be sent by applicant to the property owners identified above. The cost for mailing shall be paid by the Applicant at the time the application is submitted for review Narr Clerk TRAILER PERMIT Permit Number: 178 Date: 10/06/2015 Issued to: Old, North Road Barns Llc Address: 19110 Soundview Avenue Southold, NY 11971 A permit is hereby issued to locate a single trailer, as follows: License No.: Serial No.: Located at: 5195 Old North Road SCTM#: 1000-51.-3-5 Pursuant to application dated 10/06/2015. Expiration Date: 03/23/2016 This renewal permit is granted for a six (6) month period. Elizabeth A. Neville Southold Town Clerk b �0 p Reams 01 12 2p15 ZONTNG 50pRp O� pppEpt� o�l oto- �� 'Co�tn 11x11, 53095 Main Road ELIZABETH A, NEVILLE, !11MC Q �� 120. B,ix 1179 � TOWN CLERK Southold. New'York 11971 C REGISTRAR OF V1TA1 STA1 I1 CiCS MARRIAGE '^ �© � �' Fax(631)765-6145 Telephone (631) 765,18(K) OFFICER RECORDS MANAGFMt-NT OFFICER 4! ' �i � wkvw southoldtownny.a FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TRAILER PERMIT Permit Number: 178 Date: 10/06/2015 Issued to: Old, North Road Barns Llc Address: 19110 Soundview Avenue Southold, NY 11971 A permit is hereby issued to locate a single trailer, as follows: License No.: Serial No.: Located at: 5195 Old North Road SCTM#: 1000-51.-3-5 Pursuant to application dated 10/06/2015. Expiration Date: 03/23/2016 This renewal permit is granted for a six (6) month period. Elizabeth A. Neville Southold Town Clerk b �0 p Reams 01 12 2p15 ZONTNG 50pRp O� pppEpt� ***RECEIPT*** Date: 10/06/15 Quantity Transactions 1 House Trailer Permit Notes: Receipt#: 193808 Reference Subtotal 178 $250.00 Payment Type Amount Paid By CASH $150.00 Old, North Road Barns Llc CK #2219 $100.00 Old, North Road Barns Llc Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold NY 11971 Total Paid: $250.00 6 � 0 �L RE,CFtvEC NOV 12 2015 ZONING BOARD OF APPEALS 4; Name: Old, North Road Barns Llc µ 19110 Soundview Avenue Southold. NY 11971 Clerk ID: CAROLH 617.20 Appendix B Short Environmental Assessment Form Instructions for Completing IV � � • D op,RD OF APPE.A�S Part 1 - Project Information. The applicant or project sponsor is responsible for the completion of Part 1. Responses become part of the application for approval or funding, are subject to public review, and may be subject to further verification. Complete Part 1 based on information currently available. If additional research or investigation would be needed to fully respond to any item, please answer as thoroughly as possible based on current information. Complete all items in Part 1. You may also provide any additional information which you believe will be needed by or useful to the lead agency; attach additional pages as necessary to supplement any item. Part 1 - Project and Sponsor Information Name of Action or Project: QrV E wonnAN Ml\JEP-`/ Project Location (describe, and attach a location map): Vt caw 014 /1%oy Jav?d , Brief Description of Proposed Action: Name of Applicant or Sponsor: Telephone• ol'4 ax Address: , qq,5-- l) 1����L11 i✓ City'TO:State: 'Vy Zip Code• 1(911 1. Does the proposed action only involve the legislative adoption of a plan, local law, ordinance, NO YES administrative rule, or regulation? If Yes, attach a narrative description of the intent of the proposed action and the environmental resources that L/ may be affected in the municipality and proceed to Part 2. If no, continue to question 2. 2. Does the proposed action require a permit, approval or funding from any other governmental Agency? NO YES If Yes, list agency(s) name and permit or approval: v 3.a. Total acreage of the site of the proposed action?acres ' b. Total acreage to be physically disturbed? 7 / acres c. Total acreage (project site and any contiguous properties) owned by the a Z or controlled applicant or project sponsor? acres 4. Check all land uses that occur on, adjoining and near the proposed action. ❑ Urban 'ural (non -agriculture) ❑ Industrial ❑ Commercial VR^esidential (suburban) ❑ Forest "griculture ❑ Aquatic ❑ Other (specify): ❑ Parkland Page 1 of 4 Wr RFCEIVED 5. Is the proposed action, a. A permitted use under the zoning regulations? I V 0 h i b Consistent with the adopted comprehensive plan? NO YES N/A 6. Is the proposed action consistent with the predominant chaBOAKU MEAVIM%ral landscape? NO YES V 7 Is the site of the proposed action located in, or does it adjoin, a state listed Critical Environmental Area? If Yes, identify: NO YES 8 a. Will the proposed action result in a substantial increase in traffic above present levels? b Are public transportation service(s) available at or near the site of the proposed action? c. Are any pedestrian accommodations or bicycle routes available on or near site of the proposed action? NO YES 9 Does the proposed action meet or exceed the state energy code requirements? If the proposed action will exceed requirements, describe design features and technologies: NO YES 10. Will the proposed action connect to an existing public/private water supply? If No, describe method for providing potable water: NO YES 11. Will the proposed action connect to existing wastewater utilities? If No, describe method for providing wastewater treatment: NO YES 12. a. Does the site contain a structure that is listed on either the State or National Register of Historic Places? b. Is the proposed action located in an archeological sensitive area? NO YES V 13. a. Does any portion of the site of the proposed action, or lands adjoining the proposed action, contain wetlands or other waterbodies regulated by a federal, state or local agency? b. Would the proposed action physically alter, or encroach into, any existing wetland or waterbody? If Yes, identify the wetland or waterbody and extent of alterations in square feet or acres: NO YES / V 14. Identify the typical habitat types that occur on, or are likely to be found on the project site. Check all that apply• ❑ Shoreline ❑ Forest OVAgriculturaVgrasslands ❑ Early mid -successional G7' Wetland ❑ Urban ❑ Suburban 15 Does the site of the proposed action contain any species of animal, or associated habitats, listed by the State or Federal government as threatened or endangered? NO YES ' / 16. Is the project site located in the 100 year flood plain? NO YES 17 Will the proposed action create storm water discharge, either from point or non -point sources? If Yes, M( a. Will storm water discharges flow to adjacent properties? L( NO ❑ YES b. Will storm water discharges be directed to established conveyance systems (runoff and sit rm drains)? If Yes, briefly describe: ❑ NO MYES NO YES ✓ v ► GR-Qp Y-, ar Q 5l' ` 5 Page 2 of 4 18. Does the proposed action include construction or other activities that result in the impoundment of water or other liquids (e.g. retention pond, waste lagoon, dam)? If Yes, explain purpose and size: NO I YES small to large impact impact may 19. Has the site of the proposed action or an adjoining property been the location of an active or closed solid waste management facility? If Yes, describe: NO YES occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning V ^ / regulations? V 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? 20 Has the site of the proposed action or an adjoining property been the subject of remediation (ongoing or completed) for hazardous waste? If Yes, describe: NO YES V establishment of a Critical Environmental Area (CEA)? / 5. Will the proposed action result in an adverse change in the existing level of traffic or V I AFFIRM THAT THE INFORMATION PROVIDED ABOVE IS TRUE AND ACCURATE TO THE BEST OF MY KNOWLEDGE Applicant/sponsor n Date: R E C E I u Signature:-�,�,®�F. Part 2 - Impact Assessment. The Lead Agency is responsible for the completion of Part 2. Answer �i6�-A�1&QFgAPPEALS questions in Part 2 using the information contained in Part 1 and other materials submitted by the project sponsor or otherwise available to the reviewer When answering the questions the reviewer should be guided by the concept "Have my responses been reasonable considering the scale and context of the proposed action?" Page 3 of 4 No, or Moderate small to large impact impact may may occur occur 1. Will the proposed action create a material conflict with an adopted land use plan or zoning V regulations? 2. Will the proposed action result in a change in the use or intensity of use of land? 3. Will the proposed action impair the character or quality of the existing community? V 4. Will the proposed action have an impact on the environmental characteristics that caused the V establishment of a Critical Environmental Area (CEA)? 5. Will the proposed action result in an adverse change in the existing level of traffic or / affect existing infrastructure for mass transit, biking or walkway? V 6. Will the proposed action cause an increase in the use of energy and it fails to incorporate reasonably available energy conservation or renewable energy opportunities? V 7 Will the proposed action impact existing: / a. public / private water supplies? v b. public / private wastewater treatment utilities? 8 Will the proposed action impair the character or quality of important historic, archaeological, architectural or aesthetic resources? V 9 Will the proposed action result in an adverse change to natural resources (e.g., wetlands, j waterbodies, groundwater, air quality, flora and fauna)? Page 3 of 4 Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. RL-CETVED bqa� BOARD OF APPEALS ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 No, or Moderate small to large impact impact may may occur occur 10. Will the proposed action result in an increase in the potential for erosion, flooding or drainage V/ problems? 11. Will the proposed action create a hazard to environmental resources or human health? Part 3 - Determination of significance. The Lead Agency is responsible for the completion of Part 3. For every question in Part 2 that was answered "moderate to large impact may occur", or if there is a need to explain why a particular element of the proposed action may or will not result in a significant adverse environmental impact, please complete Part 3. Part 3 should, in sufficient detail, identify the impact, including any measures or design elements that have been included by the project sponsor to avoid or reduce impacts. Part 3 should also explain how the lead agency determined that the impact may or will not be significant. Each potential impact should be assessed considering its setting, probability of occurring, duration, irreversibility, geographic scope and magnitude. Also consider the potential for short-term, long-term and cumulative impacts. RL-CETVED bqa� BOARD OF APPEALS ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action may result in one or more potentially large or significant adverse impacts and an environmental impact statement is required. ❑ Check this box if you have determined, based on the information and analysis above, and any supporting documentation, that the proposed action will not result in any significant adverse environmental impacts. Name of Lead Agency Date Print or Type Name of Responsible Officer in Lead Agency Title of Responsible Officer Signature of Responsible Officer in Lead Agency Signature of Preparer (if different from Responsible Officer) Page 4 of 4 APPLICANT/OWNER TRANSACTIONAL DISCLOSURE FORM RECETVED BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. �1p YOUR NAME : (�/T 19alfJ'A (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO 1// If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted thisday of VJ , 20/ Signature Print Name AGENT/REPRESENTATIVE TRANSACTIONAL DISCLOSURE FORM RECEIVED 11, N0\1 BOARD OF APPEALS The Town of Southold's Code of Ethics prohibits conflicts of interest on the part of town officers and employees. The purpose of this form is to provide information which can alert the town of possible conflicts of interest and allow it to take whatever action is necessary to avoid same. YOUR NAME : (Last name, first name, middle initial, unless you are applying in the name of someone else or other entity, such as a company. If so, indicate the other person's or company's name.) TYPE OF APPLICATION: (Check all that apply) Tax grievance Variance Change of Zone Approval of Plat Other (activity) Building Permit Trustee Permit Coastal Erosion Mooring Planning Do you personally (or through your company, spouse, sibling, parent, or child) have a relationship with any officer or employee of the Town of Southold? "Relationship" includes by blood, marriage, or business interest. "Business interest" means a business, including a partnership, in which the town officer or employee has even a partial ownership of (or employment by) a corporation in which the town officer or employee owns more than 5% of the shares. YES NO If you answered "YES", complete the balance of this form and date and sign where indicated. Name of person employed by the Town of Southold Title or position of that person Describe the relationship between yourself (the applicant/agent/representative) and the town officer or employee. Either check the appropriate line A) through D) and/or describe in the space provided. The town officer or employee or his or her spouse, sibling, parent, or child is (check all that apply) : A) the owner of greater that 5% of the shares of the corporate stock of the applicant (when the applicant is a corporation) B) the legal or beneficial owner of any interest in a non -corporate entity (when the applicant is not a corporation) C) an officer, director, partner, or employee of the applicant; or D) the actual applicant DESCRIPTION OF RELATIONSHIP Submitted this ky of V4 2 Signature Print Name i RECEIVE[) )VOU 0 Town of Southold LWRP CONSISTENCY ASSESSMENT FORM BOARD OF APPEALS A. INSTRUCTIONS 1. All applicants for permits* including Town of Southold agencies, shall complete this CCAF for proposed actions that are subject to the Town of Southold Waterfront Consistency Review Law. This assessment is intended to supplement other information used by a Town of Southold agency in making a determination of consistency. *Except minor exempt actions including Building Permits and other ministerial permits not located within the Coastal Erosion Hazard Area. 2. Before answering the questions in Section C, the preparer of this form should review the exempt minor action list, policies and explanations of each policy contained in the Town of Southold Local Waterfront Revitalization Program. A proposed action will be evaluated as to its significant beneficial and adverse effects upon the coastal area (which includes all of Southold Town). 3. If any question in Section C on this form is answered "yes", then the proposed action may affect the achievement of the LWRP policy standards and conditions contained in the consistency review law. Thus, the action should be analyzed in more detail and, if necessary, modified prior to making a determination that it is consistent to the maximum extent practicable with the LWRP policy standards and conditions. If an action cannot be certified as consistent with the LWRP policy standards and conditions, it shall not be undertaken. A copy of the LWRP is available in the following places: online at the Town of Southold's website (southoldtown.northfork.net), the Board of Trustees Office, the Planning Department, all local libraries and the Town Clerk's office. B. DESCRIPTION OF SITE AND PROPOSED ACTION 4.14 SCTM# 1000-51-3- 4.11, 4.12, 4.13�and 5 The Application has been submitted to (check appropriate response): Town Board Planning Dept. X Building Dept. Board of Trustees ZBA X 1. Category of Town of Southold agency action (check appropriate response): (a) Action undertaken directly by Town agency (e.g. capital construction, planning activity, agency regulation, land transaction) (b) Financial assistance (e.g. grant, loan, subsidy) (c) Permit, approval, license, certification: X Nature and extent of action: Alteration and addition, and conversion to winery of existing storage Location of action: 5195 Old North Road, 19110 Soundview Avenue, Southold, NY 11971 Site acreage: 22.48 a Present land use: Vineyard, farm winery and tasting room, storage building Present zoning classification: AC 2. If an application for the proposed action has been filed with the Town of Southold agency, the following information shall be provided: (a) Name of applicant: Claudia Purita/Old North Road Barn, LLC (b) Mailing address: c/o Wickham, Bressler, & Geasa, P.C. PO Box 1424, Mattituck, NY 11952 CFT\/FL (c) Telephone number: Area Code (631) 298-8353 (d) Application number, if any: BOARD OF .APPFAI 5 Will the action be directly undertaken, require funding,or approval by a state or federal agency?NO Yes No If yes, which state or federal agency? DEVELOPED COAST POLICY Policy 1. Foster a pattern of development in the Town of Southold that enhances community character, preserves open space, makes efficient use of infrastructure, makes beneficial use of a coastal location, and minimizes adverse effects of development. See LWRP Section III — Policies; Page 2 for evaluation criteria. Yes No (Not Applicable - please explain) Yes — This is a working vineyard on preserved land. The expansion and conversion of the storage building will allow a more efficient use the property, eliminate the need to build another building for a winery, use existing infrastructure, minimizing additional development. Policy 2. Protect and preserve historic and archaeological resources of the Town of Southold. See LWRP Section III — Policies Pages 3 through 6 for evaluation criteria Yes No (Not Applicable — please explain) Yes. This application will foster the historical use of the property as a working farm. Policy 3. Enhance visual quality and protect scenic resources throughout the Town of Southold. See LWRP Section III — Policies Pages 6 through 7 for evaluation criteria Yes No (Not Applicable — please explain) Yes, the use of the existing building will minimize the need for additional buildings which would block scenic views. NATURAL COAST POLICIES Policy 4. Minimize loss of life, structures, and natural resources from flooding and erosion. See LWRP Section III — Policies Pages 8 through 16 for evaluation criteria Yes No (Not Applicable — please explain) N/A. Policy 5. Protect and improve water quality and supply in the Town of Southold. See LWRP Section III — Policies Pages 16 through 21 for evaluation criteria Yes No (Not Applicable — please explain) N/A Existing building Policy 6. Protect and restore the quality and function of the Town of Southold ecosystems including Significant Coastal Fish and Wildlife Habitats and wetlands. See LWRP Section III — Policies; Pages 22 through 32 for evaluation criteria. Yes No (Not Applicable — please explain) NOT APPLICABLE K Policy 7. Protect and improve air quality in the Town of Southold. See LWRP Section III — Policies Pages 32 through 34 for evaluation criteria. See Section III — Policies Pages; 34 through 38 for evaluation criteria. Yes No (Not Applicable — please explain) Not Applicable Policy 8. Minimize environmental degradation in Town of Southold from solid waste and hazardous substances and wastes. See LWRP Section III — Policies; Pages 34 through 38 for evaluation criteria. RECEIVED Yes No (Not Applicable — please explain) Not Applicable Y NOV li A 20'i^ PUBLIC COAST POLICIES b j 1 BOARD OF APPEALS Policy 9. Provide for public access to, and recreational use of, coastal waters, public lands, and public resources of the Town of Southold. See LWRP Section III — Policies; Pages 38 through 46 for evaluation criteria. Yes No (Not Applicable — please explain) NOT APPLICABLE WORKING COAST POLICIES Policy 10. Protect Southold's water -dependent uses and promote siting of new water -dependent uses in suitable locations. See LWRP Section III — Policies; Pages 47 through 56 for evaluation criteria. Yes No (Not Applicable — please explain) NOT APPLICABLE Policy 11. Promote sustainable use of living marine resources in Long Island Sound, the Peconic Estuary and Town waters. See LWRP Section III — Policies; Pages 57 through 62 for evaluation criteria. Yes No Not Applicable — please explain NOT APPLICABLE Policy 12. Protect agricultural lands in the Town of Southold. See LWRP Section III — Policies; Pages 62 through 65 for evaluation criteria. Yes No Not Applicable — please explain Yes — this will enhance the economic viability of the agricultural operation. Policy 13. Promote appropriate use and development of energy and mineral resources. See LWRP Section III — Policies; Pages 65 through 68 for evaluation criteria. Yes No Not Applicable — Not Applicable Zba/1wrpPurita 3 Board of Zoning Appeals Application AUTHORIZATION (Where the Applicant is not the Owner) I, 0aUd i f ur-Itk- (Print property owner's name) 56Aa , /w RECEIVED b'70 )-- BOARD OF APPEALS residing at jggq'S W 2 (Mailing Address) �b�-1 w«�i.m� LC'i�k�a.m�yKs d- �CZQG�Q(rC do hereby authorize �avawoirrnr (Adent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Z-AUDIA P0C/-F }- (Print Owner's Name) !:;,d iv t dvo /lq If a s lAa,,xa$- 0 ()U" -Zad �.14t, LL -c_- b'70 )-- BOARD OF APPEALS residing at jggq'S W 2 (Mailing Address) �b�-1 w«�i.m� LC'i�k�a.m�yKs d- �CZQG�Q(rC do hereby authorize �avawoirrnr (Adent) to apply for variance(s) on my behalf from the Southold Zoning Board of Appeals. (Owner's Signature) Z-AUDIA P0C/-F }- (Print Owner's Name) !:;,d iv t dvo /lq If a s lAa,,xa$- 0 ()U" -Zad �.14t, LL -c_- WIN OF APPEALS APPEALS BOARD MEMBERS Gerard P. Goehringer, Chairman Charles Grigonis, Jr. Serge Doyen, Jr. James Dinizio, Jr. Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD ACTION OF THE BOARD OF APPEALS 1 SCOTT L. HARRIS Supervisor Town Hall, 53095 Main Road P.O. Box 1179 Southold, New York 11971 Fax (516) 765-1823 Telephone (5 v0V 06 2011- Upon 011 Upon application of FRANK SAWICKI. Variance to thk3Q6&a(D F A PPEALS Ordinance, Article III, Section 100-31 for permission to utilize existing barns for storage of general items (instead of agricultural storage). Subject premises is located in the Agricultural -Conservation Zone District and is situated along the north side of Old North Road, Southold, identified on the Suffolk County Tax Maps as District 1000-51-03-005. WHEREAS, a public hearing was held on January 11, 1991; and WHEREAS, at said hearing all those who desired to be heard were heard and their testimony recorded; and WHEREAS, the Board has carefully considered all testimony and documentation submitted concerning this application; and WHEREAS, Board Members have personally viewed and are familiar with the premises in question, its present zoning, and the surrounding areas; and WHEREAS, the Board made the following findings of fact: 1. The area under consideration for this variance is approximately one -acre of land which is improved with agricultural storage barns abutting the subject 44+- acre farm and are shown on the Suffolk County Tax Maps as 1000-51-03-005 and 4.3. 2. The subject premises is located in the Agricultural - Conservation (AC) Zone District and is improved with storage buildings with sizes and setbacks as shown on the sketched Map prepared for the applicants by Joseph Sawicki (Jr.). 3. By this application, the appellant requests a Variancefor permission to utilize existing barns for inside storage of general miscellaneous items {other than the presently permitted agricultural storage uses. Page 2 - Appl. No. 3999 Matter of FRANK SAWICKI RECEIVES Decision Rendered February 1, 1991 BOAPC) OF .ALS 4. For the record, it is noted that under previous Action of this Board under Appeal No. 3754, Matter of Andre and Thomas Cybulski, similar relief, with conditions and restrictions, was rendered on September 16, 1988. 5. In considering this approval, it is the understanding of the Board Members that the miscellaneous items to be stored would include many varieties, such as boats, trailers, books, equipment, household items, construction materials, etc. on a seasonal basis, and the items stored would be "inactive" or "dead" storage, requiring loading and unloading during seasonal periods. 6. The following information is also noted for the record: (a) the premises has continuously since prior to zoning been used for farming and commercial agricultural operations incidental to the farming business; (b) the agricultural operations have been ceased for more than two years, and the taxes for the land and buildings has increased substantially (particularly due to the removal of the agricultural tax exemptions); (c) there are no other uses permitted under the zoning code for these principal barn storage buildings as exist which would yield a reasonable return; (d) the previous farm use activities of commercial agricultural storage, and related activities, is not dissimilar to the storage use and related activities requested by this application. 7. In considering this application, the Board also finds and determines: (a) the land in question can't yield a reasonable return as exists and a denial of this variance could be recognized as a taking of property (Gordon v. Town of Huntington, 1962, 230 N.Y. S.2d 619); (b) the subject property and buildings cannot be economically used for one -family residence or other use established in this Residential and Agricultural Zone District as exists; (c) the test for "significant economic injury" has been met to warrant a grant of this variance; Page 3 - Appl. No. 3999 Matter of FRANK SAWICKI Decision Rendered February 1, 1991 RECEIVED ni , 2015 lo� 0 BOARD OF APPEALS (d) the variance, as conditionally noted below, is the minimum necessary to afford relief; (e) the storage uses as authorized will not alter the essential character of the neighborhood; (f) the hardship is unique, is not due to the general conditions of the neighborhood, and is not personal in nature; to pursue; (g) there is no other feasible method for appellants (h) in light of all of the above, the interests of justice will be served by granting the variances requested and as conditionally noted below. Accordingly, on motion by Mr. Grigonis, seconded by Mr. Goehringer, it was RESOLVED, to GRANT the relief requested for permission to utilize existing barns for storage as applied under Appeal No. 3999 in the Matter of FRANK SAWICKI, SUBJECT TO THE FOLLOWING CONDITIONS: 1. The storage shall be only "dead" or "inactive" storage; 2. No storage of noxious or ignitible materials, and there be no vehicle or boat storage with fuel other flammable liquids; 3. There shall not be any outside storage (tractor trailers included); 4. Hours of operation not to be before 8:00 a.m. or after 7:30 p.m. 5. Any change in the future for property lines will require formal application to renew this variance. Vote of and Dinizio. This- resolut the Board: Ayes: Messrs. Goehringer, Grigonis, (Member Doyen of Fishers Island was absent.) 9JI was dul: adopted. BY I/ / GERARD P. GOEHRINGER, HAIRMAN shown on County tax map as District 1000, Section 51 o Block 3 Lot 5 does,'not)cmiform to the present Building Zone Code of the Town of Southold for the following reasons: Tnauffioiant total area. On the basis of information presented to the Building Inspector Is Office, it has been determined that the above nonconforming EX/Land I / Building(s) /_/Use(s) existed on the effective date the present Building Zone Code of the Toxin of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FUR•TEM CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is Issued is as follows: Property contains a potato barn and is sifilnt-d in t.h,- A-RP5i(;entiA1 Rerj(-U t1!_r31 7. n4 e With access to the M6 unrEh Rnad- a town maintained road. The Certificate is issued to Walter & Frank Sawicki (owner, 3icR>YRf�t3 of the aforesaid building. Suffolk County Department of Hep -M Approval WA UNDERWRITERS CERTIFICATE NO. NIA NOTICE IS HEREBY GIVEN that the owner of the above premises H_AS NOT CONTSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply Kith all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore. does not, and is not intended to certify that the premises comply with all other applicable codes and regula- ti nnc _ Buiiding hnspector R FCFIVED 011-1 SOUTHOLD, NEI; YOI'Fi (A0_ "CERTIFICATE OF OCCUPANCY BOARD OF APPFALS (,,2r ' NONCONFORMING PREMISES THIS IS TO CERTIFY that the / Land Pre C.O. #- Z14156 / f Building(s) Date- 11; 1 aR6 %/ Use(s) ,Tpn _ located at 5195 Old North Road Southold Street Hamlet shown on County tax map as District 1000, Section 51 o Block 3 Lot 5 does,'not)cmiform to the present Building Zone Code of the Town of Southold for the following reasons: Tnauffioiant total area. On the basis of information presented to the Building Inspector Is Office, it has been determined that the above nonconforming EX/Land I / Building(s) /_/Use(s) existed on the effective date the present Building Zone Code of the Toxin of Southold, and may be continued pursuant to and subject to the appli- cable provisions of said Code. IT IS FUR•TEM CERTIFIED that, based upon information presented to the Building Inspector's Office, the occupancy and use for which this Certifi- cate is Issued is as follows: Property contains a potato barn and is sifilnt-d in t.h,- A-RP5i(;entiA1 Rerj(-U t1!_r31 7. n4 e With access to the M6 unrEh Rnad- a town maintained road. The Certificate is issued to Walter & Frank Sawicki (owner, 3icR>YRf�t3 of the aforesaid building. Suffolk County Department of Hep -M Approval WA UNDERWRITERS CERTIFICATE NO. NIA NOTICE IS HEREBY GIVEN that the owner of the above premises H_AS NOT CONTSENTED TO AN INSPECTION of the premises by the Building Inspec- tor to determine if the premises comply Kith all applicable codes and ordin- ances, other than the Building Zone Code, and therefore, no such inspection has been conducted. This Certificate, therefore. does not, and is not intended to certify that the premises comply with all other applicable codes and regula- ti nnc _ Buiiding hnspector sir �I Aih�: ..; •Fri: , ,:.:; To East TOWN OF SOUTHOLD PROPERTY RECORD (;ARD OWNER STREET VILLAGE DIST SUB LOT Old ACR. �2V407 REMARKS TYPE OF BLD. Z - PROP. CLASS LAND IMP TOTAL DATE f 0n, y""'(4an(--) Or 0 (a $ /o -L-Z� 12 TZ e>p# c n ve"I e rl porchEs t 0-f -f i?vbj "okoae�— 1160 w- Ict. QZ– Q9 FRONTAGE ON WATER TILLABLE WOODLAND FRONTAGE ON ROAD DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL NONE mmmm Mmmm ■EM■ ■■M■ NOON.■ ■ m TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST SUB LOT ACR. REMARKS TYPE OF BLD. PROP. CLASS LAND IMP TOTAL DATE L Y 6L -2 Ant -!�d 36-5 (t cf vets. it 7-) ) Lfii Lij > < e- LLJ tt-- c; < 0 co FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL l, 1 111,1, TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE DIST SUB LOT ACR. l!v,3o REMARKS � )e Vag I'a PL) AAAO-1.4 Y. I M+ X TYPE OF BLD. 31, // ) �00 ZC PROP. CLASS -u LAND rmp TOTAL DATE 3 311, (J) i> td CD FRONTAGE ON WATER TILLABLE FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL IT TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET VILLAGE D - IST] ------SU - B L - OT ACR. 2�M REMARKS 4.( 11716 lqjos j'tf='_lt�{j�t(I161 TYPE OF BLD. wed �c' 7c%k.� I c- �<'Il_.311 PROP.,CLASS 2--cl-7. 1 1 ✓- i/ / ®�i �� �34 23 '0)'� /o _7 I I I I ep LAND IMP. TOTAL DATE 3 2 -A4 Z.�- I/ C) "'(0 -'A.n 5 LA v t c L r i2-lz-i 1,/-s - L I Z,4 2—q 41" L 12, Po r I lei L;o �;X �3 11115:i j 7,©y wf 111D Lu LU FRONTAGE ON WATER TILLABLE O co FRONTAGE ON ROAD WOODLAND DEPTH MEADOWLAND BULKHEAD HOUSE/LOT TOTAL 41 'All �. Leh i TOWN OF SOUTHOLD PROPERTY RECORD CARD OWNER STREET r�- !./ VILLAGE DIST. SUB. LOT _ am L,l. �.- FORMER OWN E U C- ^ iitl � 1w i 100 1/0 � N ( '61c,.,.ra.r E ACR. ` S W _ TYPE O BUILDING 71 REq SEAS. VL. 119 FARM COMM. CB. MISC. Mkt. Value LAND IMP. TOTAL DATE REMARKS oZzu 12YI4115--L //-755,9 - K/,'ck sf 1v l al�p- r 46-3 - L 12 2.-3 /p DN (� LL Q L67--/;�NR 4t Olol /\ldX &e -a LO 414EI4 D 0 AGE BUILDING CONDITION NEW NORMAL BELOW ABOVE FARM Acre Value Per Acre Value Tillable 1 Tillable 2 0 - Tillable 3 V9 yy Woodland -� Swampland FRONTAGE ON WATER Brushiand 4 FRONTAGE ON ROAD House Plot DEPTH 7 O BULKHEAD Tgta I DOCK boo. SEE SEC NO 135 'fl I� L I FOR PCL NO. SEE SEC. NO, I U 052-Ofi-0Ot I rw (21) O o _ -- -- _ -- -- _—,-- _ -- ,-- m °"" NOTICE wxF H°E. woxv EOR _ __ P'm,.r,'ey COUNTY OF SUFFOLK © ,, Real Property Tax Service Agency Wy::af im C-."C-11RivII—d,NY11901 e "nra `no 9sW °""or souTNOLG Y „s o5x °90 051 09r �EE�EO SECTION NO 51 IrrN°la,2u ,. —__— uw�rs uo.R Eo Rws,ox tY s , -Y_ wewr a�F�.xai�� M O � H ,u o rrAV SCRYCF n9Fxev — -- P 054 055 056 Or6iarCi eM 1000 PROPERTY MAP ,4 w rn ,J v 22.1 E AVE. s t 6 a] ,Fi n Hr ,2.3 1.5 6 1p��,. 2 0 rn 3.16 I.18 19P1e1 ,9P1c1 s 129 . 1nP� 9 t+P rq 3f2 a 7 •^ . i BURGANCYC7Rr - 3.1 x. 1z 3.3 5T E 214 S x 3 11 " 6 F it x ra r 3.e Hr - ". rn n19A VP 12„ O WILDBERRY'�z++ 'Z 13 1212 DJ�p _ " 219 rw 3.10 J19 04. .w u INI sl a C' .0 49 .III Ofl'E n�YExT PL 66 B 1 3.201216 U I1 rar 220A 2�A h m• 13 6A InGIOCOFYtpMLRE6ERVE1 DEVECORYSWIarOt� fxl RrGHi61 N O3.3P60r0F°I � II I � S 8 2 ILII fis i 2fiam a Ewr 11 5 15A ,0 39 ,n wr r II� j6 Jfi Q ' / T FOR E oa i° q5 y , i! 411; r \ a. SEE 955.. S C 62 A 20MwTn 20A " ; 5 0 SEE SEC NO 135 'fl I� L I FOR PCL NO. SEE SEC. NO, I U 052-Ofi-0Ot I rw (21) O o _ -- -- _ -- -- _—,-- _ -- ,-- m °"" NOTICE wxF H°E. woxv EOR _ __ P'm,.r,'ey COUNTY OF SUFFOLK © ,, Real Property Tax Service Agency Wy::af im C-."C-11RivII—d,NY11901 e "nra `no 9sW °""or souTNOLG Y „s o5x °90 051 09r �EE�EO SECTION NO 51 IrrN°la,2u ,. —__— uw�rs uo.R Eo Rws,ox tY s , -Y_ wewr a�F�.xai�� M O � H ,u o rrAV SCRYCF n9Fxev — -- P 054 055 056 Or6iarCi eM 1000 PROPERTY MAP O O � H rn v - RECEIVED sq ,S F` I LAW OFFICES NOV WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P O BOX 1424 MATTITUCK, LONG ISLAND BOARD OF APPEALS ERIC J BRESSLER NEW YORK 11952 WILLIAM WICKHAM (06-02) ABIGAIL A. WICKHAM JANET GEASA 631-298-8353 TELEFAX NO 631-298-8565 awickham@wbglawyers.com November 6, 2015 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Property owned by Claudia Purita & Old North Road Barn, LLC Premises: 5195 Old North Road, Southold, New York 11971 SCTM# 1000-51-3-4.11, 4.12, 4.13, 4.14 & 5 Ladies and Gentlemen: The Building Inspector has issued a Notice of Disapproval stating that the proposed winery structures do not meet the minimum setback of 100 feet from a major road pursuant to Article III, Section 280-13A, 4. Accordingly, we enclose the following papers, in eight sets, in connection with the Notice of Disapproval originally dated August 10, 2015, amended October 13, 2015: 1. Copy of Notice of Disapproval Amended October 13, 2015; 2. Application to Southold Town Zoning Board of Appeals; 3. Short Environmental Assessment Form; 4. Questionnaire for Filing ZBA Application; 5. Transactional Disclosure Forms for owner and agent; 6. LWRP Consistency Assessment Form; 7. Agricultural Data Statement; 8. Authorization; 9. Applicant's Project Description with photos; 10. Site Plan and Building Diagram of Alterations; 11. Appeal fee of $800.00; 12. Copy of the tax map and Assessors Cards; 13. Proposed Merger Deed together with copy of letter to Michael Verity dated 7/14/15; 14. Copy of Certificate of Occupancy Non Conforming Premises for Tax Lot 5; 15. Receipt from Building Department (original set only). Please schedule this matter at your next available hearing, and kindly contact Mr. Purita at 516-658-7318 for an appointment to inspect the property. As this is an active farming operation, access by appointment only is required. AAW/dm encl. 30/shdzbaapppurita2015 cc. Claudia Purita, Nancy Steelman Very/truly yours, 41 r Abigail A. Wickham ELIZABETH A. NEVILLE, MMC TOWN CLERK REGISTRAR OF VITAL STATISTICS MARRIAGE OFFICER RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER Town Hall, 53095 Main Road PO. Box 1179 Southold, New York 11971 Fax (631) 765-6145 Telephone (631) 765-1800 www southoldtownny.gov OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: Southold Town Zoning Board of Appeals FROM: Elizabeth A. Neville DATED: November 10, 2015 RE: Zoning Appeal No. 6902 Transmitted herewith is Zoning Appeals No. 6902 for Claudia Purita d/b/a Old North Barn, LLC -The Application to the Southold Town Zoning Board of Appeals. Also enclosed is the Applicant's Project Description, Questionnaire, Agricultural Data Statement, Short Environmental Assessment Form, Applicant/Owner Transactional Disclosure Form from Claudia Purita, Agent/Representatvie Transactional Disclosure Form from Abigail A. Wickham, LWRP Consistency Assessment Form, Notice of Disapproval to Samuels & Steelman for One Woman Winery Dated August 10 of 2015 Amended October 13 of 2015, Board of Zoning Appeals Application Authorization from Claudia Purita for Abigail Wickham of Wickham Bressler & Geasa PC; Nancy Steelman of Samuels & Steelman, Action of the Board of Appeals for Appeal No. 3999 in the Matter of Frank Sawicki -Decision Rendered February 1 of 1991, Certificate of Occupancy Nonconforming Premises for Pre C.O. #Z14156 Dated January 15 of 1986, 1 Page of Photos of One Woman Winery-Purita, Town of Southold Property Record Card for Tax Map No. 1000-51.-3-4.11, Town of Southold Property Record Card for Tax Map No. 1000-51.-3-4.12, Town of Southold Property Record Card for Tax Map No. 1000-51.-3-4.13, Town of Southold Property Record Card for Tax Map No. 1000-51.-3-4.14, Town of Southold Property Record Card for Tax Map No. 1000-51.-3-5, Property Map of Section No. 51, A Cover Letter from Abigail A. Wickham of Wickham, Bressler & Geasa, P.C. to Town of Southold Zoning Board of Appeals Regarding Property Owned by Claudia Purita & Old North Road Barn, LLC, 4 Pages of Drawings for Renovations and Additions to the Purita Winery; Page 1 is a Drawing of the Site Plan, Location Map, and Site Data; Page 2 is a Drawing of an Enlarged Site Plan; Page 3 is a Drawing of the Winery Floor Plan; Page 4 is a Drawing of the Winery Building Elevations. ZBA TO TOWN CLERK TRANSMITTAL SHEET (Filing of Application and Check for Processing) DATE: November 5, 2015 ZBA # NAME OF APPLICANT CHECK # AMOUNT TC DATE STAMP RE► LVED 6902 Purita, Claudia d/b/a Old 2239 $500.00 North Barn, LLC NOV 1 0 2015 Southold Town Clerk Purita, Claudia d/b/a Old 6903 North Barn, LLC 2239 $300.00 (Interpretation) TOTAL $800.00 Sent via Inter -Office to Town Clerk by: ES Thank you. Fq�tg PAYTOTHE Town of Southold- o ORDER OF $`"800.00 Eight Hundred and 00/100 M DOLLARS + �e . g,�C �§,-,:..M'-sb `� y it ' '° .. - l� {'r• ..� is �' �' .. ^'v. `." s C �r: � a, g�Pi� ..rte ++ ... ,_ •�°• »r•:"'«��°i�,;='�3i�z:'-�,' ., t .. .c `'r�": vva,x" s a"; . _ ... U iw;. 41 9 b. a < G. g: i e .... 78✓ f/ • U c I ***RECEIPT*** Date: 11/10/15 Receipt#: 194490 Quantity 1 1 Notes: Payment Type CK #2239 Transactions ZBA Application Fees ZBA Application Fees Amount Paid By $800.00 Purita, Claudia Southold Town Clerk's Office 53095 Main Road, PO Box 1179 Southold, NY 11971 Name: Purita, Claudia 19995 Soundview Ave Southold, NY 11971 Reference Subtotal 6902 $500.00 6903 $300.00 Total Paid: $800.00 Clerk ID: SABRINA Internal ID- 6903 ZONING, 280-4 Definitions: Purita #6902 STREET A street, improved to the satisfaction of the Planning Board, which is one of the following: (1) An existing Town, county or state highway or street. (2) A street shown on an approved subdivision final plat. 3 A street shown on a ma filed with the County Clerk (in accordance with q () P �CI § 280-a of the Town Law) prior to Planning Board authorization to review subdivisions.m RECEIVED (4) A street shown on the Town Official Map. DEC 3 2015 SUBDIVISION, 240-3 Terms Defined: STREET, ARTERIAL BOARD OF APPEALS A main street or highway carrying a high proportion of the traffic within the Town of Southold, and including State Route 25 and County Route 48. STREET, COLLECTOR A street or highway which serves or is intended to serve as a major collector road within the Town and which provides access to State Road 25 and County Route 48 from local streets. STREET, LOCAL A local street or road which serves or is intended to serve as the primary means within neighborhoods and subdivisions and which is the main means of access to a collector or arterial street. PRIOR ZONING CODE, SUBDIVISION OF LAND, A106-13 — Definitions (1987) STREET, MAJOR — A street or highway of great continuity which serves or is intended to serve as a major traffic artery within the town or county, or both, and which is designated on the Town Plan as a main arterial highway, major thoroughfare, parkway or other equivalent tern to identify those streets comprising the basic structure of the street plan. STREET, MINOR - A street supplementary to a major street and of limited continuity which services or is intended to serve the local needs of a neighborhood or a section thereof. STREET, SECONDARY - A street or road of considerable continuity which serves or is intended to serve as the principal or collector trafficway between large and separated areas or districts and which is the main means of access to the major street or primary road system. ERIC J. BRESSLER ABIGAIL A. WICKHAM JANET GEASA LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P O BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 631-298-8353 TELEFAX NO 631-298-8565 awickhatn@wbglawyers.com December 10, 2015 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Appeal No. 6903 WILLIAM WICKHAM (06-02) toQO'-3 RECEIVED I Q1. (00` 20 DEC 14 ?015 NTNG BOARD OF APP EARS Property owned by Claudia Purita & North Road Barn, LLC Premises: 5195 Old North Road, Southold, New York 11971 SCTM# 1000-51-3-4.11, 4.12, 4.13, 4.14 & 5 Ladies and Gentlemen: Enclosed are a copy of the Deed of Development Rights from Franco Purita a/k/a Frank Purita and Claudia Purita to the County of Suffolk, together with pages 1 and 9 of the recorded Contract of Sale. The usage of the various tax parcels is as follows: 1. Tax Lot 4.11, the 2.7 acre parcel; and Tax Lot 4.12, the small rectangular parcel at the north end of the farm — the development rights are intact, as those parcels are not included in the Deed. 2. Tax Lot 4.13 — Development rights sold (this parcel includes wetlands areas. The Puritas were not paid for this transfer, including the upland areas); 3. Tax Lot 4.14 — Main farm, standard development rights restrictions. Please correct the record as to the statement I made that the construction of a residence on Tax Lot 4.12 is prohibited by the terms of the development rights sale, as I was misinformed. However, as a practical matter and given the needs of the farm, the likelihood is that the parcel will eventually contain an agricultural building. Very t y yours, AAW/dm /Abigail A. Wickham End RE/P//zbaltr2015 2Q c 4V Vev-PA Ll6L 1-'r MAAA -mext, THIS AGREEMENT, made thi0i day of WMtm ; Two Thousand Y,Ib; IZyz�I' IZ� BETWEEN fall d Ciew; d -A ru r•i is Frank Purita, as contract vendee, hereinafter described as the SELLER, 19995 Soundview Avenue, Southold, New York 11971 and the COUNTY OF SUFFOLK, a municipal corporation, having its principal offices at County Center, Riverhead, New York, hereinafter described as the PURCHASER, WITNESSETH, that the SELLER agrees to sell and convey, and the PURCHASER agrees to purchase, as authorized by Chapter 8 of the Suffolk County Code, and in accordance with Resolution No. 285-1981, as amended, and Resolution No. 405-2001 of the Suffolk County Legislature, on file with the Clerk of the Suffolk County Legislature, the Development Rights, as hereinafter defined, in all that certain plot, piece or parcel of land, situate, lying and being in the Town of Southold, County of Suffolk and State of New York, known as Suffolk County Tax Map No. 1000-051-03-p/o 4.3 more particularly bounded and described as set forth in the description annexed hereto as Exhibit "G". 1. Development Rights, as authorized by §247 of the New York State General Municipal Law, as amended, shall mean the permanent legal interest and right to permit, require or restrict the use of the premises exclusively for agricultural production as that term is defined in Chapter 8 of the Suffolk County Code, as amended, and the right to preserve open space as that tern is defined in §247 of the General Municipal Law as amended, and the right to prohibit or restrict the use of the premises for any purposes other than agricultural production or to subdivide same. By the sale of such development rights and interest, the SELLER shall be deemed to have covenanted and agreed that the SELLER, and the heirs, legal representatives, successors and assigns of the SELLER, shall only use the premises on and after the date of delivery of the instrument of conveyance to the County of Suffolk for the purpose of such agricultural production. Such covenant shall run with the land in perpetuity. The provisions of this paragraph shall survive the delivery of the instrument of conveyance. 2. The SELLER acknowledges that by the terms of this contract and the declarations in the deed, that it has been informed that neither the SELLER, nor his heirs, successors in interest, successors in title or assignees shall be permitted to remove soil from the properly to be covered by these development rights. A purpose of this acquisition is to protect topsoil by limiting non- agricultural production uses of the land. The topsoil present on the premises consists of prime(unique/important soil. The representation is intended to also serve as a covenant running forever with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of this conveyance. 3. The power and purpose of the PURCHASER is limited to acquiring the Development Rights in land presently used or suitable for agricultural production and the PURCHASER reserves the right, upon obtaining a survey and inspecting the premises in relation thereto, to hold a public hearing on said purchase and acquisition, and thereafter, tither cancel this agreement if - . - the premises are not entirely used or suitable for agricultural production or to accept that portion Hine cwdem %PEMftft Sawicki Farmland ftsematim.doe future amended. This covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement. 30. If two or more persons constitute either the SELLER or the PURCHASER, the word "SELLER" or the word "PURCHASER" shall be construed as if it read "SELLERS" or "PURCHASERS" whenever the sense of this agreement so requires. 31. It is understood and agreed by and between the parties to this contract that the SELLER has retained or will retain certain portions of his property and exclude said portions from this sale to the County of Suffolk. That by reason thereof, the SELLER does hereby further covenant and agree that no application for the erection of a *residential dwoffingwill be made to the PURCHASER as to those areasjW1 retained by the SELLER and the subject of the development rights, by himself or his heirs, successors or assigns. Said covenant shall run with the land in perpetuity and the provisions of this paragraph shall survive the delivery of any instruments of conveyance pursuant to this agreement. 32. The SELLER acknowledges that the PURCHASER must comply with New York State Agriculture and Markets Law 305(4)._ attached hereto as Exhibit "J", if the subject premises is located within an agricultural district, in that the PURCHASER is acquiring an interest in land from the SELLER, i.e., farmland development rights. Should that be the case, as early as possible in the development of a proposal of such an action, the PURCHASER is obliged to file a �0 preliminary notice of its intent with the Commissioner of Agriculture and Markets of New York State, and the county agricultural and farmland protection board, i.e., the acquisition of the subject farmland development rights. Thereafter, said board reports its findings and recommendations to said Commissioner who may hold a hearing subject to legal notice, and thereafter render a determination thereon. This procedure shall not apply and shall be deemed not applicable or waived, respectively, either (a) if the subject premises is not located within an agricultural district; or (b) if the subject premises is located within an agricultural district, if the SELLER agrees and executes a waiver to such effect and provide a copy thereof to the Commissioner, pursuant to New York State Agriculture and Markets Law §305(4)(d), attached hereto as Exhibit "K". Accordingly, SELLER agrees, upon his execution of this contract, to also execute such a document advising the PURCHASER of the SELLER'S election, which, as appropriate, shall then be forwarded by the PURCHASER to the Commissioner. 33. A. Pursuant to Suffolk County Code §8-5(E)(4) and (6), new construction, erection, installation or placement of structures on the Premises is permitted as provided herein. B. All new construction shall be for the purposes of agricultural production, consistent with New York State Agriculture and Markets Law §301, New York State General Municipal Law §247, and Suffolk County Code §8-1. C. All new construction shall be subject to permit approved by a majority vote of the Farmland Committee. D. Applications for operation or construction of a farm stand shall also be subject to the provisions of Suffolk County Code §8-6. H:Vte conde= PEMUhxita sawklri Fumland Pruervadon-ft 9 512 Number of pages TORRF.NS Serial N Cextirtcate N Prior CIL N Deed / Mortgage lasnument Deed / Mortgage Tax Searap / 1 FEES 1 RECORDED 2006 Jan 10 11:00:07 fill CLERK OF SIFFax C(XMTV L DOW12429 P 721 ON OS -22W9 Recording / Filing Stamps Page /Piling Fee Mw~ Anti. Handling I. Basic Tax TP -594 2. Additional Tax Notation Sub Total EA -52 17 (County) Sub Total SMJAssiL or EA -5217 (Slue) Spec. /Add RAT.S.A. TOT. MTG. TAX Comm. of Ed. 5 QQ_ Dual Town Dual Courtly Held for Apportionment Airulavit • ♦ Certified Cop�N Transfer Tax O"e'�,_ Maroion Tax The propeny, covered by this manSW is or Reg. Copy will be Improved by a one or two family Sub Total dwelling only. Other rYES GRAND TOTAL or NO If NO, see appropriate tax clause on page N of this instrument. vs— f Real Property Tax Service Agency Verification 6 Community Preacrvation Fund Dist. - See:doa _ Blade I d.ot - Consideration Amount S&9-4"9 imp O! pgp T 1000 05100 0900 004009 CPP Tax Due Date RDTy A Improved / y Initials Vacant Land SAalisfeuionsmischar&WKeleasea List Pmperty Owners Mailing A 7 •rp RFCORD & RE'mRN To: C'av eaF JT,<,l;•LK 'rD I}.►,o., ►�aM.westrt.•• B�rA — a� � ¢�,00�. (RICO Ian 1(,,,, &".,a tki n; uaQ s Title Comptlny Information i�-aKIWP "4—'L v%. y t ti ��F Co.Nome ✓ 6� T IA�lN • `'P�8 �.a�>r2 rtlo rl o 3.. _ z 9 Suffolk County Recording & Endorsement Pap -e 'fibs w fomta part of thr attached — mule by: (SM IFY 7YP1i OF INS -f R IM 'r ) FR aNeo � t-� _ The pa nim herein is sihoW in Q A L-b%ap SIJI•TOIxaX IY,NEWYORK CA_ TO In the'rownrhip of SIGA" . lA UM:14 o F �,, f-�(•ICr In the VIll" or I IAMI.CT of Y34� lit1.MS 5 71 IRU 9 MUST BE TYPE) OR MN rM- IN BLACK INK ONLY PIUOR IU RECORDING OR I ILING. (OVER) I�I�l11RECORDS OFFICERECORDIM PAGE Type of Instruments DBBDO/DDD Recorded: 01/10/2006 N:mber of Papass S Ats 11:00:07 AN Receipt Number s 06-0002523 TRANSFER TAX NMMZRs 05-22559 LIBER: D00012429 PAGE: 721 Districts Section: Blocks Lots 1000 051.00 03.00 004.006 ZXAMINZD AND C.HAIU SD AS FOLLOWS Deed Amounts $611,364.90 Received the Following Pass For Above Zzatrument YZS ixampt Page/Filing $0.00 TW Handling COS $0.00 rZ8 NY8 SRCHG BA-CPr $0.00 TSO 571 -STATE TP -584 $0.00 TSS Cart.copies RPT $0.00 YES SCTM Transfer tax $0.00 YZ8 Comm.pree Fees Paid TRANBFZR TAX NMMZR: 05-22559 THIS PAGZ 18 A PART OF TSS INSTRUKZNT TRIO I8 NOT A BILL Exemspt $0.00 YZS $0.00 YZS $0.00 YES $0.00 YSS $0.00 YZS $0.00 YSS $0.00 main aw 51-3-x.9 im DEVELOPMENT RIGHTS THIS INDENTURE, made the ')-OPday of I ee"eY , 2005 BETWEEN FRANCO PURITA a/k/a FRANK PURITA AND CLAUDIA PURITA, as tenants by the entirety. residing at 19995 Soundview Avenue, Southold New York 11971. PARTY OF THE FIRST PART, AND the COUNTY OF SUFFOLK, a municipal corporation of the State of New York, having its principal office at the Suffolk County Center, Center Drive, Riverhead, New York 11901. PARTY OF THE SECOND PART, WITNESSETH, that the PARTY OF THE FIRST PART, in consideration of SIX HUNDRED ELEVEN THOUSAND THREE HUNDRED SIXTY-FOUR and 90/100 DOLLARS ($611,364.90) and other good and valuable consideration paid by the PARTY OF THE SECOND PART, DOES HEREBY GRAM AND RELEASE unto the PARTY OF THE SECOND PART, the successors and assigns of the PARTY OF THE SECOND PART forever. THE DEVELOPMENT RIGHTS, by which is meant the permanent legal interest and right, as authorized by $247 of the New Yak State General Municipal law, as amended, and Local Law 16-1981 of the County of Suffolk, as amended, to permit, require or restrict the use of the premises exclusively for agricultural production as that term is defined in Local Law 16-1981 of the County of Suffolk, us amended, and the right to preserve open spucc as that tam is defined in $247 of the New York State General Municipal Law, as amended, and the right to prohibit or restrict the use of the premises for any purpose other than sgricultural production, to the property described as follows: ALL that piece or parcel of land, situated in the Town of Southold, County of Suffolk, and State: of Now Yak, more particularly bounded and described as follows: (see description annexed hereto and made u part hereof): BEING AND INTENDED to be part of the same premises conveyed to Puny of the First Part by decd dated March 23, 2005 from Albino C. Sawicki, Individually and as Executrix of the Estate of Walter Sawicki, deceased, and recorded March 28. MOS in Liber 12378 at Page 970. Said premises are known and designated as District 1000, Section 05 1.00, Block 03.00, pan of Lot 004.007, f/k/a 004.00:1 TO HAVE. AND TO HOLD the said DEVELOPMENT RIGHTS in the premises herein granted unto tate PARTY OF THE SECOND PART, its successors and assigns, 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. The PARTY OF THE FIRST PART, as a covenant running with the land in perpetuity, further covenants and agrees for the PARTY OF THE FIRST PART, and the heirs, legal representatives, successors and assigns of the PARTY OF THE FIRST PART, to use of the premises on and after the date of this instrument solely for the purpose of agricultural production. THE development rights conveyed herein we subject to the further terns and provisions as act forth in a certain contract of sale between the PARTIES hereto dated March 21. 2003 as the same is intended to be rocorded immediately prior to this Dari in the office of the Suffolk County clerk, portions of which as contained therein have and will survive - the delivery of this instrument of conveyance. THE PARTY OF THE FIRST PART, its heirs, assigns undlor party or panics in lawful possession of the premises subject to this deed of development rights, pursuant to lease, license, or other arrangement, covenants turd agrees that it will not remove any soil from the premises described herein. A purpose of this acquisition is to protect topsoil by limiting non-agricultural production uses of the land. The topsoil present on the premises insists of prime/unique/ important soil. THE PARTY OF THE FIRST PART, its heirs, assigns and/or party or parties in wful possession of the premises subject to this deed of development rights, pursuant to ase, license, or other arrangement, covenants and agrees that it will (a) not generate, store r dispose of hazardous substances on the premises, nor allow others to do so; (b) comply ith all Environmental Laws: (c) allow PARTY OF THE SECOND PART and its agents usonable access to the premises for the purposes of ascertaining site conditions and for ispection of the premises for compliance with this agreement. Where Federal grants and/or Inds arc used and/or reimbursed to the PARTY OF THE SECOND PART for this :quisition, representatives of the United States Department of Agriculture shall also have is right to enter the property as stated in subparagraph (c) herein. This covenant shall run pith the land in perpetuity THE following covenants shall run with the land in perpetuity and shall be deemed pplicable only if federal funds are in fact received by the PARTY OF TIM SECOND ART for the premises: (i) • Contingent Right in the United States of America In the event that the PARTY OF THE SECOND PART fails to enforce any of the terms of this casement (or other interests in land), as determined in the sole discretion of the Secretary of the United States Department of Agriculture, the said Secretary of Agriculture and his or her successors and assigns shall have the right to enforce the terms of the easement (or other interests in land) through any and all authorities available under Federal or State law. In the event that the PARTY OF TI1F SECOND PART attempts to terminate, transfer, or otherwise divest itself of any right"%, title, or interests of this easement (or other interests in land) or extinguish the conservation casement (or other interests in land) without the prior consent of the Secretary of the United States Department of Agriculture and payment of consideration to the United States of America, then, at the option of such Secretary, all right, title, and interest in this easement (or other interests in land) shall become vested in the United States of America. (ii) Unless otherwise agreed to by the PARTY OF THE SECOND PART. United States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets, the PARTY OF THE SECOND PART shall hold title to any conservation easement or interest in land. However, title may be held by the United States of America at the request of the Secretary of Agriculture upon mutual agreement of the PARTY OF THE SECOND PART. United States of America Commodity Credit Corporation and the N.Y.S. Department of Agriculture and Markets. (iii) PARTY OF THE FIRSTPART covenants to manage the property in accordance with a conservation plan that is developed utilizing the standards and specifications of the NRCS field office technical guide and 7 C.F.R.. Part 12, and is approved by the Conservation District. (iv) After the DEVELOPMENT RIGHTS have been acquired by the PARTY OF THE SECOND PART, any amendments to this Deed of Development Rights shall be authorized in writing by the United States of America. 'rHE following covenants shall tun with the land in perpetuity and shall be deemed ,applicable, only if New York State funds arc in fact received by the PARTY OF THE vi Ti Ni S,�w ��ii cutin T , Silj• .1111.'.r111111fSAis io thi-S be el Oi• Dcvciopmem Rights shat! b.A „utho..zed in ...,ting by the Nv.y.S. Cepa; lr„ent of A,,-icuhurc and Markets. ` THE PARTY OF THE FIRST PART, his heirs, assigns and/orparty orparties in lawful possession of the premises subject to this decd of development rights, pursuant to lease, license, or other arrangement, covenants and agrees that he shall defend, indemnify and hold the PARTY OF THE SECOND PART and any of its officers, agents, employees, and, their respective successors and assigns, harmless from and against any and all damages, claims, losses, liabilities and expenses, including, without limitation, responsibility for legal, consulting, engineering and other costs and expenses which may arise out of (1) any inaccuracy or misrepresentation in any representation or warranty made by PARTY OF THE FIRST PART in the subject agreement and/or this deed; (2) the breach or n6n-perf6ftanc6 of any covenants required by the subject agreement and/or this deed to be performed by the PART Y OF THE FIRST ST PART , either prior to or subsequent to the closing of title herein; (3) any action, suit, claim, or proceeding seeking money damages, injunctive relief, remedial action, or other remedy by reason of a violation or non-compliance with any environmental law: or the disposal, discharge or release of solid wastes, pollutants or hazardous substances: or exposure to any chemical substances, noises or vibrations to the extent they arise from the oumcrship, oinration. and/or condition of the premises prior to or subsequent to the execution of the deed of development rights; or (4) the acts or omissions or negligence of the PARTY OF THE FIRST PART. This covenant shall run with the land in perpetuity. IF Federtl grants and/or funds arc used and/or reimbursed to the PURCHASER for this acquisition, the United States of America shall also be deemed to be an indemnified party under the indemnification as stipulated in the preceding paragraph, and the PARTY OF THE FIRST PART shall also indemnify the PARTY OF THE SECOND PART and the United States of America as to the following: Violations of any laws and regulations which ate now or which may in the future become applicable and including, but not limited to the Resource Conservation and Recovery Act, as amended. 42 U.S.C. 6901 et seq., the Federal Water Pollution Control Act, as amended, 33 U.S.C. § 1251, et seq., the Comprehensive Environmental Response, Compensation and liability Act as amended, 42 U.S.C. 9601, et seq., the.Toxic Substances Control Act. as amended, 15 U.S.C. 2601, et seq., the Federal Insecticide Fungicide and Rodenticide Act, as amended, 7 U.S.C. 136, et seq., and the Safe Drinking Water Act, as amended, 42 U.S.C. 300f et seq. (2) judgments, claims, demands, penalties or fees assessed against the United States; (3) costs, expenses'and damages incurred by the United States of America, or (4) the release or threatened release of any solid waste, hazardous waste, hazardous substance, pollutant contaminant, oil in any form or petroleum product into the environment. This covenant shall run with the land in perpetuity. Tlii•IE WORD "PARTY” shall be construed as if it read "PARTIES" whenever the cnse of this indenture so requires. IN WITNESS WHEREOF, the PARTY OF THE FIRST PART has duly executed tis decd the day and year first above written. ANCO PURITA a/k/a FIRANK PURITA -AUDIA PURNTA 410,.% Gw STATE OF 45W 'ARK ) ) ss.: COUNTY OF SUMLK ) On thc,2( Tay of �2ee�re �oe[ in he year 2005 before me, the undersigned, personally appeared C'?auJ!'z -ta , personally known to me or proved to me_ on the basis of satisfactory evidence to be the individuals whose names are subscribed to the within instrument and acknowledged to me that they exccuted the same in their capacity, and that by their signature on the instrument, the individuals, or the persons beL=66564=Ei�� hiduals acted, executed the instrument. Signature and Office of Individual Taking Acknowledgment O1 dmEq �e"'W RECORD & RETURN TO: ea:csvatont.q ew�e��l.a� Bob Zaher Division of Real Estate Department of Planning H. Lee Dennison Bldg. - 2nd Fl. P.O. Box 6100 Hauppauge, Ncw York If 788 ._car - . ADVANTAGE TITLE AGENCY, INC. . . OO�r Me No. 03-AS,UW (7462) Amended Deeember 21, 2005 ALL that eenaim plot. Piece or PWA of Lend, situate. b8 and being At Sotuhold. is the Town of Southold, County of Suffolk and State of New York bounded and de mOW a follow 1. CMS at a point in the Nartberly line of North Road KUL 27) where same is inbmw.b d by the Southwest comer of land rap, or fmmc* of John and Toan C. CdIWM; RUNNING TH2NCE North 3 degrees 36 -how 30 raoor,da East, 170.00 feet to the place of true beginning 1>obt or THENCE from said point of true baginnieg North 86 dgpm 03 nrimttea 30 seconds Wad, 192.09 feet to land Showa on'Tmpa W of ChsdOm W Woods at Soutpoid" which oa Septmbcr 28.198911 Map Number 8822; mV was filed fast; 10E along said last tr tinned Laid North 1 dcgtee 33 minutes 101ecoods East. 739.06 THENCE South 88 deSmas 26 minutes SO meoods &a. 175.00 feet THENCE South I degree 33 minutes 10 seconds West. 291.00 foes; THENCE South 23 degrees 03 minutes 30 aeconb East,178.23 feet; 'THENCE South 3 degrms S6 minutes 30 seconds West, 2%.16 694 THENCE North 86 degrees 03 minata 301ecoads West, BEGINNING. 45feet to the podat or place of MVANTAGE TITLE AGJWCV, INC. TI& Na 03-A3-3UZS ('7462) . S_C H B D L1 t, F � (unndaaed) kARCLLU 5% 4.14 ' ALL Southold C �n ply a of land' si� WaS and bei thold, in tt Town of onaty ofSuffo& and Shoe of New Yom W mded ad damcnbW as !)Donn: BEG MNG at a pooh in the Soudxy van of Sound View Avenue distant 194 feet Euted as goof sauna tt+om the suit Sate $aster)► end of the at of a curve whidt Y Easterly One of Chablis Path with tho Soutltet9y Of S � a UMew Wh coaaeds dM ug RUNNI COMM M gO" me SOWNdy line of Sound View Avoaae the folbwinS two (2) 1. South 70 debt= 30 miiwta 33 smomds East, 351.92 feat; 2. South 82 dc8rees 14 nli= a 35 seconds East, 36531 Leet Bettina Cailola; t0 land now or fmmetflr of TFMNCE s last meationed land and land a Shown 00 'MV of Wildberty Fields- filed lace ap Mmlbft 10641 South 2 deg =13 mMuft 20 seconds WM 1630.S6 feeh THENCE North 86 dem Sea 03 mimtoa 30 a000nds West, SO.S6 ket: THENCE North 2 deBrom 13 udm4a 20 secmtds Ealrk 202.91 foo; THENCE North 86 degrees 03 mhtutea 30 M1006 Wet, 373.36 feet: T1lENCE North 3 degree S6 mitmha 30 mconda Eel% 106.94 hot THI ICE North 23 daps 03 mutts 30 sow. a Wk 178.56 fent; THENCE North I dW" 33 m'"' 10 aeeoads Eaa. 331318eet; THENCE North 88 des" 26 mi, t84 50 seconds West 15.00 ADVANTAGE 7raX AGENCY, MC. IZt1a leo. 03,4S-282" (740) (COROaoed) THWCE North 1 degree 33 n n mm 10 secouods firms. 213.87 &rot; THENCE North 88 degrees 26 miouocs 50 secareda West, 174.31 feet; 7HEi' VCE North I degree 48 minute S6 WcOa& Egg% S43.37 feetto die Soo ty �eaf3ound View Avenue, the.POW Or plaoo of BEGINNING. EXCEPTING from acid ptuoel 11 &@N ALL that certain per, County of pi orpareeJ of s Southold, Su>�olk and State of New y at Soutlwld, Town of bolos bouaded sad deseeibed a: folbws; BEGINNING at a point distant rho following muses and dommp frarn the m mms $ mmly end of the we of a clave which connects the E.,ratty�� Path withof Sound View Avenue; line 1 • South 70 dgFTcs 30 mlautea 35 seconds East, 341.42 Leet; 2. South 19 degrees 29 minutes 25 aocomds Wast, 60 beet to tic tragi point or phis of _ be8inniag; RUNNING THENCE Earn amid polnt or phme of begin ft South s 19 degreae 29 m>autp 25 seconds West, 65.00 fee0 THENCE North 70 depm 30 minutes 35 seCatrds West. 148.68 Set' THENCE North 19 degreea 29 mini, 25 seconds E&#. 65.00 fix4 ' TT1'[EAG a South 70 degrees 30 mhmtn 3S samb E&#.148.68 feet b the point or place of 1 AME TYPE OR PRESS FIRMLY WHEN WRITING 1 RM II XTIONS: tlttpJ/ www.orpLwu.my.us or PHONE t73-7222 Fon COUNTY USE ONLY C1. taws Cee. I �� r% �3� �'� .�I REAL PROPERTY TRANSFER REPORT /� � � / srAa as New rosy Opole t2a.d ry� b CZ atR.aw ded �- ` ` ' STAT, sato op MAL mobs v tt�tllLTM ''�' c. e. -o d. Fa Os.1 7.�. /I � 4 RP - 5217 PROPERTY INFORMATION +•I /9//p I SovA+D Vie,• �.wrt✓ I SoI�LiQ►oLZ I Lsow I loltnlk. eR TL g;#LK. I beats e G t�Lww.WIS 4 _J Narr I bl,l eF JQCkL FJrgrE I L Tr hlrm dim bps Ta Ism m w d m HMIs : arra dpw taryw addreos tr bum d Mrm1 I I nwomm I Addnm wwor MAIN MmormT "m UP 00 TWA% I I I I I a, VA Ammoomme M 00 WARdW of M I (I d hrpla OII DICd .Purl f M M.11rW fi.r r Aq F IA w 0 NOW wM BWWM lar A h&* Gdrw ❑ L Char : &MhW t AWwW ur Maid d TmmW O rI._._. J XI BJ 0111 ..Z. i : 4. S IG Pnal Appw.O br iudlwlon YM WO Pic ❑ BA n I Feau•�C. 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J 10.0I alai.idorrrrtleoVia ,,`` n; ,L ftem" Chat I f • d- , C I -LJ m smiled Crow mm. 1 21 Top Seto khmodOWN I Rod MmdMaMt Of rat Ciao low. ottWh +len w.i oddlW.i wrltiwhr 1 , CERTIFICATION 1 amts it ae d w Ip■p. d iiraotlr mmAapd r uM irr aw tnr mrd mataA lb dos ire d 4 toso.trdl2r and heeeO mosd [ wrdmtwerd lbw rr etpiep d mq at�i haw mlewwet d emmewW sr, Made rM uhJed .w lelie WwA dent d lie earl lea fedi.* b tie mold" otl Nft d dip Irorp.nlr 0N�T o� su �►�a>LK QL / sb.,G�� I u SOS" m--WmACAL dP s�I JWQV PP,� , tjy , 1-7 re Cry an lamp ..Alm Ill cc"- RILLE FrVani I TAV i wr r.wc ran ww 431 I Yr3 -5-1-3-3 .lefaWat [N13W YORK STATE COPY #12559 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said Newspaper once each week for 1 week(s), successfully commencing on the 24th day of December, 2015. Principal Clerk Sworn to before me this �) day of 2015. TINA VOLINSKI NOTARY PUBLIC -STATE OF NEW YORK No 01V06105050 Quolifled in Suffolk County Poly COmmisSion Fxpir s February 28, 2016 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OFAPPEAIS THURSDAY JANUARY 7, 2 016 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on TFiiilt®Y JANUARY 72016. 9.30 A M -OLD NORTH ROAD BARN LLC f (C AUDLA PURTfA) #6903 - (Ad- journed from 17I3015PH) This is a request under Article XXVI Section 280-146D re- questing an INTERPRETATION of Town Code, Article III, Section 280-13A(4), "Major Road", appealing the Building Inspector's amended October 13, 2015 Notice of Disap- proval for additions and alterations to and the conversion of an existing storage building to include a wine production building at less than 100 feet from the road, located at: 5195 Old North Road Southold, NY. SCIM#100051-3-5 9.40 A M - OLD NORTH ROAD BARN LLC (CLAUDIA PURI—TA) #6902 - (Adjourned from 12/3/15) Request for Variance under Article III Code Section 280- 13A(4) 8013A(4) and the Building Inspector's August 10, 2015, amended October 19, 2015 Notice of Disapproval for a building permit for ad- ditions and aheratthns to and conversion of an existing storage building to include a wine production building, at; less than the code re- quired minimum setback of 100 feet from a major road, located at: 5195 Old North Road Southold, NY. SCI'M#1000-51-3-5 10.10 A M - FRANK J and ELIZA- BETH G KELLY Y #68% - (Adjourned from 12/3/15) This is a request under Arti- cle XXVI Section 280-146D requesting Re- versal of the building inspector's Notice of Disapproval dated August 31, 2015 requir- ing site plan approval under Article XIII Section 280-51A(2), located at: 1900 Great Peconic Bay Boulevard (adj. to Brushes Creek) Laurel, NY. SCTM#1000.1454-3 10:10 A. M. - DAV ID A. ROSENBAUM - Request for Variance from Article III Section 280.14 and the Building Inspec- tor's November 9, 2015 Notice of Disap- proval based on an application for build- ing permit for conversion of an attic to "as built" habitable space to an existing dwell- ing at: l) more than the code required num- ber of stories of two and a half, located at 145 Brown Street (aka 726 Brown Street) Greenport, NY. SCI'M#1000118-3-26 1030 A.M. - PATRICIA A. MIS- TRETTA #6905 - Applicant requests a Special Exception under Article III Section 280-13B(14). The Applicant is the owner requesting authorization to establish an Accessory Bed and Breakfast, accessory and incidental to the residential occupancy in this single-family dwelling, with two (2) bedrooms for lodging and serving of break- fast to the B&B casual, transient roomers Location of Property. 26755 Main Road, Cutchogue, NY. SCTM#1000-109-2-14 10.50 A.M.. - BARBARA RUBEN- STF.IN #6906 - Request for Variance from Article XXIII Section 28D-124 and the Building Inspector's October 1, 2015 No- tice of Disapproval based on an application for building permit to construct a garage addition to existing single family dwelling, at; l) less than the minimum code required front yard setback of 35 feet, located at: 2735 Beebe Drive (corner Emory Road) Cutchogue, NY. SCTM#1000-103- -372 11.10 A M - JOHN MAXV� and BERKELEY BAYNE SOPER #6910 - Re- quest for Variance from Article III Section 280-15 and the Building Inspector's Decem- ber 1, 2015 Notice of Disapproval based on an application for building permit for acces- sory garage, at; l) proposed in location other than the code required rear yard, located at: 274 Top of the World (aka Private Road No. 7) Fishers Island, NY. SCTM#10004-5-5.7 11745 A.M.- L D A R SLTFER #6908 - Request for Variance from Article XXIII Section 280-124 and the Building Inspec- tor's November 23, 2015 Notice of Disap- proval based on an application for building permit to legalize "as built" deck addition to existing single family dwelling, at; 1) more than the code maximum allowable lot coverage of 20%, located at: 545 Beach- wood Road (adj. to Great Peconic Bay) Cutchogue, NY. SCTM#1000-116.4-22 1201 PMS - GEORGE and LSA WAL LACE #6909- Request for Variance from Ar - tide XXIII Section 280.124 and the Building Inspector's November 25, 2015 Notice of Dis- approval based on an application for building permit to construct a hot tub and deck addi- tion to existing single family dwelling, at; 1) less than the code required rear yard setback of 50 feet, located at 430 Bailie Beach Road Mattituck, NY. SCIM#1000-99-3-4.14 The Board of Appeals will hear all per- sons or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regu- lar business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-1809, or by email: Vicki.TothtaTown.Southold.nyrr. Dated: December 7, 2015 ZONING BOARD OFAPPEALS LESLIE KANES WEISMAN, CHAIR- PERSON BY: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 12559-1 T 12/24 BOARD MEMBERS Leslie Kanes Weisman, Chairperson Eric Dantes Gerard P. Goehringer George Horning Kenneth Schneider pF SOUr�,� http://southoldtown.northfork.net I Southold Town Hall 53095 Main Road • P.O. Box 1179 Southold, NY 11971-0959 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 ZONING BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 • Fax (631) 765-9064 LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY, DECEMBER 3, 2015 PUBLIC HEARING NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearing will be held by the SOUTHOLD TOWN ZONING BOARD OF APPEALS at the Town Hall, 53095 Main Road, Southold, New York 11971-0959, on THURSDAY, DECEMBER 3, 2015: 1:30 P.M. - OLD NORTH ROAD BARN, LLC (CLAUDIA PURITA) #6902 - Request for Variance under Article III Code Section 280-13A(4) and the Building Inspector's August 10, 2015, amended October 19, 2015 Notice of Disapproval for a building permit for additions and alterations to and conversion of an existing storage building to include a wine production building, at; less than the code required minimum setback of 100 feet from a major road, located at: 5195 Old North Road Southold, NY. SCTM#1000-51-3-5 The Board of Appeals will hear all persons, or their representatives, desiring to be heard at each hearing, and/or desiring to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than designated above. Files are available for review during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at (631) 765-1809, or by email: Vicki.Toth(aD-Town.Southold.ny.us Dated: November 9, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN, CHAIRPERSON By: Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) P.O. Box 1179 Southold, NY 11971-0959 ZG,%,,4G BOARD OF APPEALS MAILING ADDRESS and PLACE OF HEARINGS: 53095 Main Road, Town Hall Building, P.O. Box 1179 Southold, NY 11971-0959 (631)765-1809 Fax 765-9064 LOCATION OF ZBA OFFICE: Town Hall Annex at North Fork Bank Building, 1st Floor 54375 Main Road and Youngs Avenue, Southold website: http.//southtown.northfork.net November 9, 2015 Re: Town Code Chapter 55 -Public Notices for Thursday, December 3, 2015 Hearing Dear Sir or Madam: Please find enclosed a copy of the Legal Notice describing your recent application. The Notice will be published in the next issue of The Suffolk Times. 1) Before November 16th: Please send the enclosed Legal Notice, with both a Cover Letter including your telephone number and a copy of your Survey or Site Plan (filed with this application) which shows the new construction area or other request, by CERTIFIED MAIL, RETURN RECEIPT REQUESTED, to all owners of property (tax map with property numbers enclosed), vacant or improved, which abuts and any property which is across from any public or private street. Use the current owner name and addresses shown on the assessment rolls maintained by the Southold Town Assessors' Office, or Real Property Office at the County Center, Riverhead. If you know of another address for a neighbor, you may want to send the notice to that address as well. If any letter is returned to you undeliverable you are requested to make other attempts to obtain a mailing address or to deliver the letter to the current owner, to the best of your ability, and to confirm how arrangements were made in either a written statement, or during the hearing providing the returned letter to us as soon as possible; AND not later than November 23rd: Please either mail or deliver to our office your Affidavit of Mailing (form enclosed) with parcel numbers, names and addresses noted, along with the green/white receipts postmarked by the Post Office. When the green signature cards are returned to you later by the Post Office, please mail or deliver them to us before the scheduled hearing. If any envelope is returned "undeliverable", please advise this office as soon as possible. If any signature card is not returned, please advise the Board during the hearing and provide the card (when available). These will be kept in the permanent record as proof of all Notices. 2) Not Later November 24th: Please make arrangements to place the enclosed Poster on a signboard such as cardboard, plywood or other material, posting it at the subject property seven (7) days (or more) prior to hearing. (It is the applicant/agents responsibility to maintain sign until Public Hearing) Securely place the sign on your property facing the street, not more than 10 feet from the front property line bordering the street. If you border more than one street or roadway, an extra sign is supplied for posting on both front yards. Please deliver or mail your Affidavit of Posting for receipt by our office before December 1, 2015. If you are not able to meet the deadlines stated in this letter, please contact us promptly. Thank you for your cooperation. (PLEASE DISPLAY YOUR HOUSE NUMBER ALWAYS). Very truly yours, Zoning Appeals Board and Staff Ends. TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of Old North Road Barn, LLC (Claudia Purita) (Name of Applicants) SCTM Parcel # 1000- 51-3-5 COUNTY OF SUFFOLK STATE OF NEW YORK + 6 � 0.�L -j- fa ? 0-3 PLA 12- j 11ti , CLAUN>� AFFIDAVIT OF MAILINGS I, Donna McGahan residing at 2 West St. , South Jamesport, New York, being duly sworn, deposes and says that: On the 20th day of November , 20 14 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 property owners shown on the current assessment roll verified from the official records on file with the (x) Assessors, or ( ) County Real Property Office for every property which abuts and is across a public or private street, or vehicular right-of-way of record, surrounding t pplicant's propert . (Sign ure) Sworn to before me this 300day of November 2015 AMY M.BEASLEY L Notary Pudic. State of New York No. 01BE5039767 Notary-- tubW---V Qualified in Suffolk County Commission Expires February 27.20 PLEASE list on the back of this Affidavit or on a sheet of paper, the lot numbers next to the owner names and addresses for which notices were mailed. Thank you. 4 ro 43 (Domestic Mail Only; No Insurance i i[.s. e-oF, berirriceTM For delivery information CERTIFIED MAIL�. RECEIPT CEI U.S. Postal Servi i ' CERTh -D MAIL. RECEIPT I -0 CERTIFIED MAILRECEIPT CD . 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Wl cc C3 C3 0 lilt 11 ;�6 E3 Er Postage $ Er Postage $ % 0 — nj Certified Fee 01" ru Certified Fee /40.190 r-1 C3 Return Receipt Fee •CK[TIMt, 0 C3 Return Receipt IVtrnark In � Here �v C3 C3 (Endorsement Required) 00 WS C3 (Endorsement R u ad) 00 Restricted Delivery Fee E3 Restricted Delivery Fee Required) Requ -;7-,$0. 00 ell C3 (Endorsement Required) $ Ups _3 r (Endorsement P, J A Lrl lee, Ln V• LQ r -q Total Postage & Fees rq Total Postage & Fees E3 C3 Sent To Sent fields, TQrriberr ------- ...... ---- ---------------- 1 A1bina--aawicki----- �h -- ------------------ a- E:3 ------------- IQ ------------------- Street Apt 0 - East orpo'Bo,'No." 230 E 85th Stree �N�I;jf Apt. No, ��� orpoBoxNo."5535 Old North Roa --------------------------- ---- ----- ----- 4 -Yo-rk,---NY ------- ------------------------------------------- 100,28 ------------------------------------------------------------- City, State, ZIP+ gouthold, New York 11971 PS For See Reverse for instructions In the Matter of the Application of: Old North Road Barn, LLC (Claudia Purita) Appeal Numbers: 6902 & 6903 Mailing List: SCTM#s: 1000-51-3-4.13: Franco Purita, 19995 Soundview Ave., Southold, NY 11971 1000-51-3-4.14: Claudia Purita, 19995 Soundview Ave., Southold, NY 11971 1000-51-3-12.16: Triberry Fields LLC, 230 E. 85" St., New York, NY 10028 1000-55-2-7: Michael & Ekaterini Sarages, 22-29 33`d St., Long Island City, NY 11105 1000-51-3-3.20: Chardonnay Woods Homeowners Association, c/o Paul Clancy, 225 Burgundy Ct., Southold, NY 11971 1000-51-3-6.2: Albina Sawicki, 5535 Old North Rd., Southold, NY 11971 1000-51-3-4.15: Walter Sawicki, 5735 Old North Rd., Southold, NY 11971 1000-51-3-12.3: Soundview Avenue LLC, 230 E. 85t", New York, NY 10028 1000-51-4-10: Carol A. & Theodore M. Gault, 20485 Soundview Ave., Southold, NY 11971 1000-51-4-9: Celeste Theophilos, 22-23 30th Rd., Astoria, NY 11102 1000-51-4-8: Soundfront Holdings LLC, P.O. Box 150, Southold, NY 11971 1000-51-4-7: Michael D. & Yolanda Kanes Esposito, 330 E. 38" St., Apt. 530, New York, NY 10016 1000-51-4-6: Franco & Claudia Purita, 19995 Soundview Ave., Southold, NY 11971 1000-51-4-5.1: Steven Benfield & Sheila Patel, c/o Jane Kearsey, 200 West St., Floor 40, New York, NY 10282 1000-51-4-2: Karen Daly & Mary Jablonski, 34-27 79th St., Jackson Heights, NY 11372 1000-51-4-1: Maria & John Paul Stanisic, P.O. Box 1453, Southold, New York 11971 1000-51-3-3.19: Chardonnay Woods Homeowners Association, c/o Paul Clancy, 225 Burgundy Ct., Southold, NY 11971 1000-51-3-4.9: Caio Four LLC, 230 E. 85th St., New York, NY 10028 1000-51-3-4.10: Russell C. McCall, 275 Spring St. SW, Atlanta, GA 30303 U.S. Postal Service TM CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) • For delivery information visit our website at www.usps.comc, . t � 1 M / 1 PS Form 3800, A..ust 2006 See Reverse for Instructions U.S. Postal Service TM CERTIFIED MAIL,,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com., C3 1:1- Postage ru Certified Fee ra O Return Receipt Fee 1:3 (Endorsement Required) r-3 Restricted Delivery Fee (Endorsement Required) t� 1 � Total Postage &Fees Cl .. J C3 r, • :. 17 - Ln ro ra M � i ' C3 M1� p- Postage $ ru 07 Certified Fee ,? " C3 Return Receipt Fee X01 " '`b i I }, ; Q (Endorsement Required) " C1 Restricted Delivery Fee $0.04 (Endorsement Required) $0.00f' Ul r-1 Total Postage & Fees O VATren Daly ; ary Jablons C3-sreer,apr'riro.;--"34=Z7--79fTi--Street or PO Box No. -- � "sli�ei'�t�on Heights, NY 11372 ; PS Form 3800, August 2006 See Reverse for Instructions Postal Coverage Provided) CERTIFIED' at www.usps.com Er (Domestic Mail Only; No Insurance �Covvrai ge Provided) c0 rrli a , CI CtEr Postage $ ru O 7 Certified Fee n ., tmark J r-:1 pReturn Q Receipt Fee I $0.00 1 h ere a (Endorsement Required) C3 Restricted Delivery Fee r, P (Endorsement Required) f i CI trl $ 4 y rq Total Postage & Fees C3 }„ itaerdonnay Woods Home - ss . :l- -ssociatioi ---E Street, Ap£%Vo.; CO Paul Giaricy C3 or PO Box No. 2R BurgRa4y-jq9Pj�t ---------------------------- C--- State, ZIP+4--------- Southold, New York 11971 U.S. Postal Service TM CERTIFIED MAIL,,, RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) • For delivery information visit our website at www.usps.comc, . t � 1 M / 1 PS Form 3800, A..ust 2006 See Reverse for Instructions U.S. Postal Service TM CERTIFIED MAIL,,., RECEIPT (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.com., C3 1:1- Postage ru Certified Fee ra O Return Receipt Fee 1:3 (Endorsement Required) r-3 Restricted Delivery Fee (Endorsement Required) t� 1 � Total Postage &Fees Cl .. J C3 r, • :. 17 - Ln ro ra M � i ' C3 M1� p- Postage $ ru 07 Certified Fee ,? " C3 Return Receipt Fee X01 " '`b i I }, ; Q (Endorsement Required) " C1 Restricted Delivery Fee $0.04 (Endorsement Required) $0.00f' Ul r-1 Total Postage & Fees O VATren Daly ; ary Jablons C3-sreer,apr'riro.;--"34=Z7--79fTi--Street or PO Box No. -- � "sli�ei'�t�on Heights, NY 11372 ; PS Form 3800, August 2006 See Reverse for Instructions Ct O S aria Stan or PO Box No. Street, Apt. No.j . Q^ Postage ru Certified Fee ri C3 Return Receipt Fee C] (Endorsement Required) C3RestrictedDelivery Fee 0 (Endorsement Required)fl) r-1 Total (Domestic Mail Only, No Insurance Coverage Provided) For delivery information visit our website at www.usps.com 4% c, � ! a Postage &Fees O ICUM 1 v~ Sent To Cai• Four .� .: ...Box --------------------------------------------------------- / or York,04,, State, ZIP+4 New 11 PS Form 3800, August 2006 See Reverse for instructions U.S. Postal Service,,, CERTIFIED MAILTM RECEIPT 2 (Domestic Mail Only; No Insurance Coverage Provided) For delivery information visit our website at www.usps.comD -■ � Ct O S aria Stan or PO Box No. Street, Apt. No.j . Q^ Postage ru Certified Fee ri C3 Return Receipt Fee C] (Endorsement Required) C3RestrictedDelivery Fee 0 (Endorsement Required)fl) r-1 Total Postage &Fees O Postal / • • stal Se1EeTM CERTIFIED MAIL,,, • • CERTIFIED ' RECEIPT -d ,Q^ Only; (Domestic Mail I (DomesticI CoverageProvided Ln ,�^ CO rFor delivery information visit our website at www.1jsPs.cCifi �./ �, co C3 lift" 0 D' Postage $C] 4J fU #3.4 i IT Postage $ $3.45 0952 r-1 Certified Fee .�► C�i , ru �. a7 7K Certified Fee •� Retum Receipt Fee Ostmark �„ '�' At J C] (Endorsement Required) Here t- , C3 Return Receipt Fee Here / C3 1#a• >l�j i C1 (Endorsement Required) #Q Restricted Delivery Fee 2 t ;, C] (Endorsement Required) ` Restricted Delivery Fee • CV/1 N$0 •Qa a`e f 1 (Endorsement Require $a. `' j' L��'Q f ri Total Postage & Fees $ 10 ° �' tAJLn �� C] �ri Total Postage & Fees • C] Sent � L J � �arol A. Gault, C3 sentrteleste eophilos �------- ----------- rq Street, -AWt. No.; -° ----- C) P Z0�+85 Soundvie Street ApCIVo.; - - or PO Box No. or PO Box No. 23-22 30th Road city, srare,z�P+aSouthold; New York 11971 ----------- ---- - --------------- ---- - --- City State, ZIP+4 Astoria, New York 11102 PS Form :rr rr. :rr August 2006 See Reverse for Instructions •• Postal • , RECEIPT • • , • • 4 Ln11I II Er Only;Coverage Provided) U-1Provided) Ln co r4 43 CI C3 n U ISV lir }' Postage $ #3nj .45 Postage $ #3.45 Certified Fee` �7 Certified Fee f2•� 13 r9 #L • r r,` f 0 Posama , . Return Receipt Fee di4 " C7 Return Receipt Fee Post �j ,,_� CI (Endorsement Required) P C] (Endorsement Required) Gy Her , .ir E3 #a.aa ; ("15 C C3 #a. Restricted Delivery Fee R� Restricted Delivery Fee 4 (Endorsement Required)$0.00, ��+ i 3 (Endorsement Required) #a• 1"r LrI Total Postage &Fees 0 Total Postage & Fees i 3/ r 51 rte-" C3 � �w Sent ser�ouiew Avenue LLC ndfront Holdin s, LLC L �l V --- -- -------------------------•-------------------------------- C3 -MW -- a --------------------------------------- ------------------ p Street, Apt lVo:; - ---- Street, ,d t No.; "^*•' orPOBoxNo. 230 E. 85th Street r.. orPOBoxft. P.O. Box 150 --------------------------------------------•--------------- == - Ciry, State. ZIP+4 - Ciry, State. Z/P+4 New York, New York 10028 Southold, New York 11971 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Michael & Ekaterini Sarages 22-29 33rd Street Long Island City, NY 11105 11111111111111111111111111111111111111111111111 9590 9403 0380 5163 6164 33 2. Article Number (Transfer from service labep 0150 0001 2900 8365 PS Form 3811, April 2015 PSN 7530-02-000-9053 A. Sig ❑ 'Agent X l ❑ Addressee B. Recelved by (Printed Name) G. Date of Delivery D. Is delivery address different fratn item 17 ❑ Yes If YES, enter delivery address below: ❑ No N�dV 3. Service Type ❑ Priority Mall Express® ❑ Adult Signature ❑ Adult Signature Restricted Delivery ❑ Registered Mail*" ❑ Reeliv IV Mail Restricted fill Certified Mail® ❑ Certified Mall Restricted Delivery ❑ Return Receipt for ❑ • Collect on Delivellect on ry Restricted Delivery Merchandise ❑Signature Confirmation"" ❑ Insured Mail ❑ Signature Confirmation Restricted Delivery ❑ Insured Mail Restricted Delivery (over $500) Domestic Return Receipt ■ Complete items 1, 2, and 3. A. ' ature 4 ■ Print your name and address on the reverse X "[3 Agent Addressee so that we can return the card to you. ■ Attach this card to the back of the mailpiece,LI�B ` ived by (Printed f D livery e) C. Da o or on the front if space permits. 1. Article Addressed to: D. Is delivery address different flom item 17 Yes Triberry Fields, LLC If YES, enter dellveryadd&sbelow: No 230 East 85th Street }x, New York, NY 10028 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse X -( so that we can return the card to you. B eived by (Pri ed Name) Date of Deli r r� ■ Attach this card to the back. of the mailpiece, , c �,Q �� 5 �� or on the front if space permits. �Crtv� 1. Article Addressed to: D. Is delivery address different fro1?15 Maria S t anisic If YES, enter delivery addressNo John Paul Stanisic P.O. Box 1453 Southold, New York 11971 3. Service Type ❑ Priority Mall Express® IIIIIII'I I'II I'II� III Il'III III II Ill I IIII�II III ❑ Adult Signature ❑Registered MaiITM I I ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted 9590 9403 0380 5163 6164 26 dP ❑ Certified Mall® Certlfled Mall Restricted Delivery Delivery ❑ Return Receipt for 2. Article Number (fransf®r from service Isbell ❑ Collect on Delivery 11 Collect on Delivery Restricted Delivery Merchandise ❑ Signature ConfinnationTm ❑ Signature Confirmation 0150 0001 2900 8372 ❑Insured Mall ❑ Insured Mail Restricted Delivery Restricted Delivery Restricted Delivery (over $500 over $500 -3s Form 3811, April 2015 PSN 7530-02-000-9053 PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse X -( so that we can return the card to you. B eived by (Pri ed Name) Date of Deli r r� ■ Attach this card to the back. of the mailpiece, , c �,Q �� 5 �� or on the front if space permits. �Crtv� 1. Article Addressed to: D. Is delivery address different fro1?15 Maria S t anisic If YES, enter delivery addressNo John Paul Stanisic P.O. Box 1453 Southold, New York 11971 ■ Complete items 1, 2, and 3. A. ftnature ■ Print your name and address on the reverse X Agent so that we can return the card to you. Addressee ■ Attach this card to the back of the mailpiece, a lved by (Prime am C. Do livery or on the front if space permits. 111 1. Article Addressed to: D. Is delivery address different from item 1 ❑ s Soundview Avenue LLC If YES, enter delivery address below: ❑ No 230 E. 85th Street New York, New York 10028 II Service Type ❑ Priority Mali Express® III�IIIII I II I'III III II' III III II III IIIA I II III3. ❑ Adult Signature 13 ❑Registered Mail I I ❑ Adult Signature Restricted Delivery ❑ RegIstered Mall Restricted 9590 9403 0380 5163 6164 02 0Certified Mail® ❑ Certified Mail Restricted Delivery Dell ❑ Meruohaodeipt for I I I [3 Collect on Delivery ❑ Collect on Delivery Restricted Del"❑ Meas Signature ConflrmationTM Signature confirmation 2. Article Number (transfer from service labeO 015 0 0001 2 9 0 0 8556 ❑ Insured Mail ❑ insured Mail Restricted Delivery Restricted Delivery over $500 PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complete items 1, 2, and 3. A. ftnature ■ Print your name and address on the reverse X Agent so that we can return the card to you. Addressee ■ Attach this card to the back of the mailpiece, a lved by (Prime am C. Do livery or on the front if space permits. 111 1. Article Addressed to: D. Is delivery address different from item 1 ❑ s Soundview Avenue LLC If YES, enter delivery address below: ❑ No 230 E. 85th Street New York, New York 10028 II I'IIIII I'II l'I I I I I I Il' Ill III I I Ill I I I I I II III 3. Service Type ❑ Priority Mail Express® 1 ❑ Adult Signature 13 Registered Mall*"" ❑ Adult Signature Restricted Delivery ""Cerufied ❑ Registered Mail Restricted 9590 9403 0380 5163 6163 10 Mall® Delivery ❑ Certt ied Mall Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise 9 Arfivin Numher (Transfer from spndna lahpll ❑ Collect on Delivery Restricted Delivery ❑ Signature ConfirmatlonTM 015 D 0001 2 9 0 0 8 4 9 5 ElIns°red Mall ❑ Signature Confirmation ❑ insued Mall Restricted Delivery Restricted Delivery love $500 PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Soundfront Holdings, LLC P.O. Box 150 Southold, New York 11971 1111111111111111111111111111111111 IN 1111111 III 9590 9403 0380 5163 6163 41 0150 0001 2900 8525 PS Form 3811, April 2015 PSN 7530-02-000-9053 ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the maiipiece, or on the front if space permits. 1. Article Addressed to: Karen Daly Mary Jablonski 34-27 79th Street Jackson Heights, New York 11372 A. Sign re X o❑ Add Y B. Received by (Prints Name) ® C. Date of Del!Vft NOV 2 3 Mfg) D. Is delivery address different fro its 1? ❑ Yes If YES, enter delivery address 1 ❑ No �E \�sPs 3. Service Type 0 Priority Mail ExpressO ❑ Adult Signature El Registered MOM ❑ Adult Signature Restricted Delivery ❑ Reeggistered Mall Restricted 40 Certified Mail® Drilivery ❑ Certified Mail Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delhrery ❑ Signature Confirmation - El Insured Mail ❑ Signature Confirmation ❑ Insured Mall Restricted Delivery Restricted Delivery Domestic Return Receipt A. Signature E3 Agent X f� Q1 Addressee IB. Received byTPrfn N e) C. Date of Delivery /CKS0 D. Is eliv address t from Item 11? 13 Y85 [3 No IY, enter d ■ Complattt° si 1',`2, and 3. -aY A 1111111 Print y64Aame tom! address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiecq';_ ., or on the front if space permits. 1. Article Addressed to: Caio Four LLC 230 E 85th Street New York, NY 10028 111111111 IN 111111111111111111111111111111111111 9590 9403 0380 5163 6163 72 2. Article Number ffransfer from service labeb 4 0150 0001 2900 8563 PS Form 3811, April 2015 PSN 7530-02-000-9053 by C. Agent L1✓0 n�j D. Is delivery address different from Item 1 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mall Express® ❑ Adult Signature ❑ Registered MallT ❑ Adult Signature Restrloted Delivery la Cermw Mails ❑ Registered Mail Restricted Delivery ice Type 0 priorityMall ressO lI VI'I'I Merchandise I'll ❑ Collect on Delivery Restricted Delivery I'I l I I I I II' III II I I I III i I II I III III 0 ,q3. �gjgr�re Restricted Delivery ❑ Reg lstered MEail Restrkted 9590 9403 0380 5163 6163 65 ! ce<aeea MaIle ❑ Certified Mail Restricted Delivery Receipt ❑ R�ewwm apt for R ❑ Collect on Delivery ❑ Collect on Delivery Restricted Delivery Merchandise ❑ Signature Confirmation*"" 9 Arti .1. Numhar !transfer from service label) ❑ insured Mail ❑ Signature Confirmation 015 0 0 0 01 2900 8 5 7 0 ❑ IOVe oal Restricted Delivery Restricted Delivery PS Form 3811, April 2015 PSN 7530-02-000-9053 Domestic Return Receipt ■ Complattt° si 1',`2, and 3. -aY A 1111111 Print y64Aame tom! address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiecq';_ ., or on the front if space permits. 1. Article Addressed to: Caio Four LLC 230 E 85th Street New York, NY 10028 111111111 IN 111111111111111111111111111111111111 9590 9403 0380 5163 6163 72 2. Article Number ffransfer from service labeb 4 0150 0001 2900 8563 PS Form 3811, April 2015 PSN 7530-02-000-9053 by C. Agent L1✓0 n�j D. Is delivery address different from Item 1 ❑ Yes If YES, enter delivery address below: ❑ No 3. Service Type ❑ Priority Mall Express® ❑ Adult Signature ❑ Registered MallT ❑ Adult Signature Restrloted Delivery la Cermw Mails ❑ Registered Mail Restricted Delivery ❑ Certified Mail Restricted Delivery ❑ Retum Receipt for C3 Collect on Delivery Merchandise f ❑ Collect on Delivery Restricted Delivery ❑ Signature Confimr b -T" : ❑ Insured Mail ❑ Signature Confirmation ie ❑ Insured Mail Restricted Delivery Restricted Delivery (over $5DO) Domestic Return Receipt ■ Complete items 1, 2, and 3. ■ Print your name and address on the reverse so that we can return the card to you. ■ Attach this card to the back of the mailpiece, or on the front if space permits. 1. Article Addressed to: Carol A. Gault Theodore M. Gault 20485 Soundview Avenue Southold, New York 11971 IIIIIIIII I'll 111111III 1111111 III Il Illi 11111111 III 9590 9403 0380 5163 6163 27 2. Article Number (transfer from service label) 1150 0001 2900 8501 PS Form 3811, April 2015 PSN 7530-02-000-8053 A. Sire ❑ Agent X - ❑ Addressee B. Receiv by (Printed Name) C. Date of Delivery D. Is delivery address different frdm ' Yes if YES, enter delivery addre 09 f4 ® Certified Mall® Delivery ❑ Certified Mall Restricted Delivery { �0 C N Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmationm 3. Service Type Mae ❑ Adult Signature ❑ Reg s,ered MTM BII ❑ Adult Signature Restricted Delivery ❑ Registered Mail Restricted ® Certified Mall® Delivery ❑ Certified Mall Restricted Delivery ❑ Return Receipt for ❑ Collect on Delivery Merchandise ❑ Collect on Delivery Restricted Delivery ❑ Signature Confirmationm ❑ Insured Mail 13Signature Confirmation ❑Insured Mail Restricted Delivery Restricted Delivery (over $500) Domestic Return Receipt TOWN OF SOUTHOLD ZONING BOARD OF APPEALS SOUTHOLD, NEW YORK In the Matter of the Application of Old North Road Barn, LLC (Claudia Purita) (Name of Applicants) Regarding Posting of Sign upon Applicant's Land Identified as SCTM Parcel #1000- 51-3-5 1 AFFIDAVIT OF POSTING COUNTY OF SUFFOLK) STATE OF NEW YORK) I, Claudia Purita residing at 19995 Soundview Ave. -t- t,:, 0 3 C L ,�l Southold, NY 11971 , New York, being duly sworn, depose and say that: On the 21st day of November , 2015 , I personally placed the Town's Official Poster, with the date of hearing and nature of my application noted thereon, securely upon my property, located ten (10) feet or closer from the street or right-of- way (driveway entrance) - facing the street or facing each street or right-of-way entrance,* and that I hereby confirm that the Poster has remained in place for seven (7) days prior to the date of the subject hearing date, which hearing date was shown to be December 3, 2015. atx,�L I" (Signature) S,fforn to before me this 4 ay of November , 2015 Com-- DONNA McGAHAN (Notary Public) Notary Public, State of New York No. 01 MC4851459 Oualified in Suffolk County Commission Expires Aug. 18, 201g! * near the entrance or driveway entrance of my property, as the area most visible to passerby. ERIC I BRESSLER ABIGAIL A. WICKHAM JANET GEASA Attn: Ms. Vicki Toth IV co LAW OFFICES WICKHAM, BRESSLER & GEASA, P.C. 13015 MAIN ROAD, P O. BOX 1424 MATTITUCK, LONG ISLAND NEW YORK 11952 WILLIAM WICKHAM (06-02) 631-298-8353 TELEFAX NO 631-298-8565 awickham@wbglawyers.com November 30, 2015 Town of Southold Zoning Board of Appeals 53095 Main Road, Post Office Box 1179 Southold, New York 11971 Re: Appeal #6902 & 6903 — Old North Road Barn, LLC (Claudia Purita) 5195 Old North Road, Southold, NY 11971 Dear Ms. Toth: I have enclosed the original Affidavits of Mailing and Posting in the above referenced matter for the public hearing scheduled for December 3, 2015. Very tr1t yours, AAW/dm Abigail A. Wickham encl. ZBA/purita/ltrzba i4CjTlt'.E U'F HEAR1i4k';i The following application will be heard by the Southold Town Board of Appeals at Town Balt, 53095 Main Road, Southold: NAME: PURITA, CLAUDIA d/b/a OLD NORTH BARN, LLC # 6902 SCTM # : 1 000-51-3-5 VARIANCE: SETBACKS REQUEST: STORAGE BLDG. CONVERSION TO WINE PRODUCTION BLDG. DATE: THURS. DEC. 3, 2015 1:30 PM If you are interested in this project, you may review the file(s) prior to the hearing during normal business days between 8 AM and 3 PM. ZONING BOARD OF APPEALS -TOWN OF SOUTHOLD 765-1809 " 1� \v #12519 STATE OF NEW YORK) ) SS: COUNTY OF SUFFOLK) Karen Kine of Mattituck, in said county, being duly sworn, says that she is Principal Clerk of THE SUFFOLK TIMES, a weekly newspaper, published at Mattituck, in the Town of Southold, County of Suffolk and State of New York, and that the Notice of which the annexed is a printed copy, has been regularly published in said 26th Newspaper once each week for 1 week(s), successfully commencing on the day of November, 2015. 10,40 A.M. - BRUCE ROTHSTEIN #6901- Request for Variance from Arti- LEGAL NOTICE SOUTHOLD TOWN ZONING BOARD OF APPEALS THURSDAY DECEMBER 3, 2015 PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pur- suant to Section 267 of the Town Law and Town Code Chapter 280 (Zoning), Town of Southold, the following public hearings will be held by the SOUTH - OLD TOWN ZONING BOARD OF APPEALS at the Town Hall. 53095 Main Road, P.O. Box 1179, Southold, New York 11971-0959, on THURSDAY 1)EC MBER 3.2015. 9.15 A M - HEATHER and RICH- ARD PFTROWSKI #6896 - Request for Variances from Article XXII Sec- tion 280-116B and Article XXIII Sec- tion 280-124 and the Building Inspec- tor ti October 26, 2015 Notice of Dis- approval based on an application for building permit for demolition of exist- ing building and construction of a new single family dwelling. at: l) less than the code required bulkhead setback of 75 feet, 2) less than the code required front Yard setback of 35 feet, located at; _9S East Legion Avenue (adj. to James Cn:ek) Mattituck, NY. SCTM#1000- 172-3-26 �A ht PETER COCOLARAS 144 - Request for variances Article, III Section 280-15 and 280-15D and the building inspector's Notice of Dis- approval dated September. 29. 2015, amended October 28, 2015 based on an application for a building permit to con- struct an accessory garage, at: 1) location other than the code required rear yard, 2) dormers at more than the maximum code allowable 40% of roof width, 10- r;, ted at; 1095 Hyatt Road Southold, NY. SCTM#W00-50-1-14 LII A M BEN and DIANE BENE- J)IKTSSON #6900 - Request for Vari- ance from Article III Code Section 280- 1 SC and the Building Inspector's April 6, ',115, renewed October 1, 2015 Notice of Disapproval based on an application for building permit to construct an accesso- ry garage, at; 1) square footage of more than the maximum code allowed of 750 square feet, located at: 1655 Evergreen Drive Cutchogue. NY SCTM#1000-102- 145 10.10 A M - ALEXANDER KOFI- N s e AS TRUSTEE #6893 - Request for Variance from Article XXVI Section 280-122 and the Building Inspector's October 15, 2015 Notice of Disapproval based on an application for building per- mit to construction alterations to exist- ing nonconforming accessory garage, at: proposed alteration creates new non> conformance, located at: 805 West Road (adj. to Peconic Bay) Cutchogue, NY SC71yf#1000-110-7.4 14.20 A M - GIOIA TURITTO and N_ABIL FL SHERIF #6899 - Request for Variances from Article III. Section 280-15 and the Building Inspector's Oc- tober 21, 2015 Notice of Disapproval based on an application for building per- mit for accessory gazebo and 'as built' accessory shed, at; 1) accessory gazebo proposed in location other than the code required rear yard 2) 'as built' accessory shed located in other than the code re- quired rear yard, located at: 1800 Park Way and 40 Beachwood (adj. to Goose Creek) Southold. NY SCTM#'s 1000-70- 10-61.1 & 62.1 cle XXTII Section 280-124 and the Budd- ing Inspector's October 21, 2015 Notice of Disapproval based on an application for building permit to constma a second story addition to existing single family dwelling, at; 1) less than the minimum code required side. yard setback of 15 feet, located at: 7390 Great Peconic Bay Boulevard (adj. to Great Peconic Bay) Laurel, NY SCTM#1000-126-11-11 1L40 A.M. - LINTON DUEL. #6895 - Applicant requests a Special Exception under Article III, Section 280-13B(13).'Ihe Applicant is the owner requesting authorization to establish an Accessory Apartment in an accessory structure, located at: 450 Private Road #14 (adj. to Orient Harbor) Orient, NY. SCTIvi#1000-24-2-12 11.20 A M - LINTON DUELL #6694 - Request for variance from Ar- ticle III Section 280-13 and the building inspector's Notice of Disapproval dated September 25, 2015 based on a building permit application for construction of an accessory garage with living space, at; not to exceed more than one dwelling on each lot, proposed construction con- stitutes a second dwelling unit, located at: 450 Private Road #14 (adj. to Orient Harbor) Orient, NY. SCTM#1000-242- 12 1:15 P.M.- OLD NORTH ROAD BARN, LLC (CLAUDIA PURTLA) #6903 - This is a request under Article XXVI Section 280-146D requesting an INTERPRETATION of Town Code, Article III, Section 280-13A(4), "Major Road", appealing the Building Inspec- tor's amended October 13, 2015 Notice of Disapproval for additions and altera- tions to and the conversion of an exist- ing storage building to include a wine production building at less than 100 feet from the road, located at: 5195 Old North Road Southold, NY. SCTM#1004 51-3-5 1:.M P.M.- OLD NORTH ROAD BARN LLC (CLAUDIA PURITA) #6902 - Request for Variance under Ar- ticle III Code Section 28413A(4) and the Building Inspector's August 10, 2015, amended October 19, 2015 Notice of Disapproval for a building permit for ad- ditions and alterations to and conversion of an existing storage building to include a wine production building, at; less them the code required minimum setback of 100 feet from a major road, located at 5195 Old North Road Southold, NY. SCTM#1000-51-3-5 2.00 P.M. - FRANK J and ELIZA- BETH G. KELLY 06898 - This is a re- quest under Article XXVI Section 280- 1461) requesting Reversal of the build- ing inspector's Notice of Disapproval dated August 31, 2015 requiring site plan approval under Article XIII Section 284 51A(2), located at: 1900 Great Peconic Bay Boulevard (adj. to Brushes Creek) Laurel, NY. SCTM#1000_ 145-4-3 Principal Clerk day of 2015. CHRISTINA VOLINSKI NOTARY PUBLIC -STATE OF NEW YORK No. 01 V06105050 Qualified In Suffolk County My Commission Explres,Februory 28, 2016 - Request for Variances under Article III Code Section 280-13A(4), 14 and the Building Inspector's April 9, 2015 last amended October 27, 2015 Notice of Disapproval for a building permit for conversion of an existing building to include a tasting room and the con- struction of a new winery building, at: 1) less than the code minimum required setback of 100 feet from a major road, 2) less than the code required development intact square footage of 80,000 square feet per use, located at: 860 Old North Road Southold, NY. SCTM#1000-55-1-7 8r 8.3 The Board of Appeals will hear all persons or their representatives, desiring to be heard at each hearing, and/or desir- ing to submit written statements before the conclusion of each hearing. Each hearing will not start earlier than desig- nated above. Files are available for re- view during regular business hours and prior to the day of the hearing. If you have questions, please contact our office at, (631) 765-1809, or by email: Vicki. Toth@Town.Southold.ny.us. Dated: November 9, 2015 ZONING BOARD OF APPEALS LESLIE KANES WEISMAN. CHAIR- PERSON BY- Vicki Toth 54375 Main Road (Office Location) 53095 Main Road (Mailing/USPS) EO. Box 1179 Southold, NY 11971-0959 125.19-1T 11/26 Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 rake� http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 TO: Planning Board FROM: Leslie K. Weisman, ZBA Chairperson DATE: November 9, 2015 Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 D ECSC VE ]� NOV 09 2015 Southold Town Planning Board SUBJECT: Request for Comments ZBA # 6902 PURITA, Claudia d/b/a Old North Barn, LLC The ZBA is reviewing the following application. Enclosed are copies of Building Department's Notice of Disapproval, ZBA application, current map on file. Your review and comments are requested at this time. The file is available for review of additional documentation at your convenience for reference if needed. APPLICANT TAX # ZBA# HEARING CODE DATE OF PREPARER ZONE DATE SECTION STAMPED OF SURVEY SURVEY DIST PURITA, 1000-51- 6902 December Art III Sec 280- July 16, Samuels & Claudia d/b/a 3-5 3, 2015 13A(4) 2015 Steelman Old North Architects Barn, LLC Your comments are requested 1 week prior to hearing date. Thank you. Encls. Office Location: Town Annex /First Floor, Capital One Bank 54375 Main Road (at Youngs Avenue) Southold, NY 11971 http://southoldtown.northfork.net BOARD OF APPEALS TOWN OF SOUTHOLD Tel. (631) 765-1809 Fax (631) 765-9064 Ms. Sarah Lansdale, Director Suffolk County Department of Planning P.O. Box 6100 Hauppauge, NY 11788-0099 Dear Ms. Lansdale: Mailing Address: 53095 Main Road P.O. Box 1179 Southold, NY 11971-0959 November 9, 2015 Please find enclosed the following application with related documents for review pursuant to Article XIV of the Suffolk County Administrative Code: ZBA File # 6902 Owner/Applicant : PURITA, Claudia d/b/a Old North Barn, LLC Action Requested: Additions and alterations to and conversion of an existing storage building to include a wine production building. Within 500 feet of: (X) State or County Road ( ) Waterway (Bay, Sound, or Estuary) ( ) Boundary of Existing or Proposed County, State, Federal land. (X) Boundary of Agricultural District ( ) Boundary of any Village or Town If any other information is needed, please do not hesitate to call us. Thank you. Very truly yours, Leslie K. Weisman ZBA Chairperson / By. 1z",1 Encls. 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CHARDIONNAY WOODS HOME ASSOC (OPEN SPACE) ZONING AC LANDWARD LIMIT OF FRESH WATER WETLANDS AS DELINEATED BY SUFFOLK ENVIRONMENTAL CONSULTING INC, ON MARCH 6 2014 CHARDONNAIY WOODS HOME ASSOC (OPEN SPACE) RELOCATED DWELL.I N6 PROPOSED WINE -- PRODUCTION BUILDING m m I% LU w z 5 88 26' 0;0" E FRANCO PURITA FRANCO PURITA 88 26' 50"r; 1-75 N/ SCTM :� \�, 446g/% /% /003.4.1? / ry 0 3p, Sig, NT'gCT / o 0 �48.6g, Oil I I II 1 I I I I Irl I! ISI I 1 SCTM # 1000-51-03-4.13 1 I (DEVmOPMENT I RIGHT SOLD) I 1.4 Aon,I SOI l ETBACK NEW ADDI 6 03' - _W _ 23712 - _ 17-9 mSCTM # 1000-51-03. OPMENT z (RI&HT5INTTACT) ZONING R-4'0 EXISTING 15 FT UTILITY EA5EMENT-J PROPOSED 15 FT UTILITY EASEMENT ZONING AC OLD NORTH ROAD ❑ WALTER WALTER SAWICKI SAWICKI NTNG JR xC t I I S I L A 1K, mon SCALE: 1 " = 100'-0" =Longslarid ound „> - I oeLong Creek / N 61 SCTM # 1000-51-03-4.11 i ZONING I j AC m z (DEVELOPMENT j RIGHTS INTACT) N %rr i pry. 8 1 11 EXISTING 15 FT UTILITY EA5EMENT-J PROPOSED 15 FT UTILITY EASEMENT ZONING AC OLD NORTH ROAD ❑ WALTER WALTER SAWICKI SAWICKI NTNG JR xC t I I S I L A 1K, mon SCALE: 1 " = 100'-0" =Longslarid ound „> - I oeLong Creek / N 56' so" E I j _ ALBINA SAWICKI UJ WALTER SCTM # 1000-51-03-4.13 3.6 Acres Dev Rgt Sold %rr i pry. OSAWICKI C I— I mj m TOTAL SITE AREA AFTER MERGER: 26.056 AC 1 z� m 86 5 50 W Ih >M1= OWNER: OLD NORTH BARNS LLC EXISTING 15 FT UTILITY EA5EMENT-J PROPOSED 15 FT UTILITY EASEMENT ZONING AC OLD NORTH ROAD ❑ WALTER WALTER SAWICKI SAWICKI NTNG JR xC t I I S I L A 1K, mon SCALE: 1 " = 100'-0" =Longslarid ound „> - I oeLong Creek / AILENBERRy LANE TRIBERRY FIELDS LLC (AGRICULTURAL RESERVE) ZONING AC �TASTIN& ROOM BUILDING N N m 4ZP 0� ZONING: AC SURVEYOR: Peconic Surveyors PO Box 909 1230 Traveler Street Southold, NY 11971 LICENSE # 49618 BUILDING DEPT DISAPPROVAL REVISIONS: W, co O � F— a o W Q Z 06 Q W z F- 00 00 Q O 0 Wlowwwwwo O D O Cn ad z co Q • l7 r � Q p WLLI J• Z F' R z u m Lu V• v L v, a N o q �W. Nc0i C0 cn OF SP�G.1 L�.S�7-,,,, Cp�r 0»953-A BRED- R IkOJEO: U 0701 DRAWN BY: UT CHECKED BY: NS DATE: JULY 16, 2015 SCALE: 1" = 100'-0" SHEET TITLE: OVERALL SITE PLAN SHEET NO.: SCTM # 1000-51-03-4.11 2.7 Acres Dev Rgt Intact ZONING SCTM # 1000-51-03-4.12 0.22 Acres Dev Rgt Intact AC SCTM # 1000-51-03-4.13 3.6 Acres Dev Rgt Sold SCTM # 1000-51-03-4.14 18.8 Acres Dev Rgt Sold SOUNDVIEw AVE LLC SCTM # 1000-51-03-5 0.736 Acres Dev Rgt Intact TOTAL SITE AREA AFTER MERGER: 26.056 AC PROPERTY: 5415 Old North Rd. ADDRESS Southold NY, 11971 OWNER: OLD NORTH BARNS LLC Claudia Purita 19995 Soundview Ave. Southold, NY 11971 AILENBERRy LANE TRIBERRY FIELDS LLC (AGRICULTURAL RESERVE) ZONING AC �TASTIN& ROOM BUILDING N N m 4ZP 0� ZONING: AC SURVEYOR: Peconic Surveyors PO Box 909 1230 Traveler Street Southold, NY 11971 LICENSE # 49618 BUILDING DEPT DISAPPROVAL REVISIONS: W, co O � F— a o W Q Z 06 Q W z F- 00 00 Q O 0 Wlowwwwwo O D O Cn ad z co Q • l7 r � Q p WLLI J• Z F' R z u m Lu V• v L v, a N o q �W. Nc0i C0 cn OF SP�G.1 L�.S�7-,,,, Cp�r 0»953-A BRED- R IkOJEO: U 0701 DRAWN BY: UT CHECKED BY: NS DATE: JULY 16, 2015 SCALE: 1" = 100'-0" SHEET TITLE: OVERALL SITE PLAN SHEET NO.: r SCTM # 1C (DEVELOPMEr 5 86 O5' 50" / I I I EXISTING STRUCTURE I I i I i I I I I I r I � I O I -n I in I X d I A � I z I SCTM # 1000-51-03-4.13 N i (DEVELOPMENT RIGHTS SOLD) d I I I I � I � I � I - I EXISTING PROPERTY Q I LINE TO BE ABANDONED = I S64 5 W I I 3 O 3 <.: :r. 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RESIDENCE v BUILDING DEPT DISAPPROVAL I• REVISI NS: O' �I E YA K 0 I " Iz W .O Z W F- IF ' F-7;cd~ o ol –jf Z I 0 = Lu �I I i _J Drs z V) Q • M a a) J �• o Q EILLJ a Y '^ O -j. z w_ ~ Q 3 x 2 LL W U Q N W Lp 0 a W• N 2 M v h • � M v1 Vi Of NE btV .co �T .G( F r 1 R +,7 p Z t 6% e r �>>953- -/lA J PROJE NO: 0701 DRAWN BY: UT CHECKED BY: NS DATE: JULY 16, 2015 SCALE: 1„ = 20'-01' SHEET TITLE: ENLARGED SITE PLAN SHEET NO.: 1*1 �-PF ALIS, BOARD (N A 214 —W4171113241, BUILDING DEPT DISAPPROVAL z 0 0 Lu 08 LLJ z p00 I.. etli'l < > 0 ao c) j Z 0 LLI 3:1 M AOW*& 10 os Z. 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