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�o$pFFQ(KC�G APPEALS BOARD MEMBERS h�0 yL Southold Town Hall Gerard P. Goehringer, Chairman y ,,z, 53095 Main Road Serge Doyen, Jr. 0 P.O.;Box 1179 James Robe t A. Jr.Villa y 01 [ �a0! Southold,Fax (516) 765-182371 Richard C. Wilton Telephone (516)'765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS, NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Southold Town Hall, 53095 Main Road, Southold, New York 11971, on WEDNESDAY, DECEMBER 7, 1994, commencing at the times specified below: 1. 7`:35 p.m. Appl. No. 4294 - THOMAS & ELIZABETH THOMPSON. Request `;for a Variance under Article III, Section 100-33 for permission to locate an accessory garage building in the southerly side yard area, rather than the required rear yard, at premises known as 2890 Bridge Lane, Cutchogue, NY; County Tax Map Parcel No. 1000-85-2-22. The subject premises is a substandard parcel in thisA-C Agricultural Conservation Zone District containing approximately 41,585 sq. ft. in total lot area. (Setback from property lines, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) 2. 7:40 p.m. Appl. No. 4286 - JOEL AND MARGARET LAUBER. Request for a' Special Exception under Article III, Section 100-31B(13) for permission to establish Winery Use for the sale of Page 2 - Legal Notice Southold Town Board of Appeals Regular Meeting of December 7, 1994 wine produced from grapes primarily grown `en the:existing Vineyard where the proposed Winery is to be located, to wit: 45470 Main . Road, Southold, NY; County Tax Map Parcel No. 1000-75-6-9.7 and 9.6 (combined total: 30 acres). 3. 7:45 p.m. Appl_ No. 4283 - GAIL DESSIMOZ and MICHAEL RACZ. Request for Variances under Article III, Section 106-32 and Section e 100-33C, based upon the October 21, 1994 Notice of Disapproval issued by the Building Inspector for permission to: (1) change lot lot resulting in a reduction in the existing lot width on the westerly lot from 208.14 feet to 125 feet (Code requirement is 175 feet in this R-80 Residential 'Zone District), and (2) if the lot width reduction is approved, to locate accessory pool in the new side yard area to the west of the existing single-family dwelling. Location of Property: Private right-of-way known as Hallock Lane and Private, Road #10, which extends off the north side of Sound Avenue, Mattituck, NY (over and along lands of Charles Simmons and Edwards Harbes); County Tax Map Parcels No. 1000-112-1-3 and 4. 4. 7:50 p.m. Appl. No. 4285 - ELBERT E. LUUE, JR. Request for a Variance under Article II1, Section 100-33, based upon the November 7, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct accessory storage building (shed) in an area other than the required rear yard. Location of Property: Private Right-of-way extending 332.51 feet off the Page g Legal Notice Southold Town Board of Appeals Regular Meeting of December 7, 1994 easterly side of Youngs Road, (House #944), Orient, NY; County Tax Map Parcel No. 1000-18-2-14. Subject premises contains a total lot area of 21,188 sq. ft. and is located in an R-80 Residential Zone District. 5. 8:10 p.m. Appeal No. 4282 - CURT W. MEYHOEFER/JOHN and DOREEN MAZZAFERRO. Request for a Variance under Article III, Section 100-32 for approval of deck, as built, with a setback at less than the required fifteen (15) ft. setback from the northerly side property line, at premises known as 43475 Main Road, Peconic, NY; County Tax Map Parcel No. 1000-75-1-18.1. The Board of Appeals will at said time and place hear any and all persons or representatives desiring to be heard in the above, matters. Written comments may also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request more information, please do not hesitate to call 765-1809 or visit our office. Dated:. November 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski x Page 4 Legal Notice . r J Southold Town Board of Appeals Regular Meeting of December 7, 1994 Mailing List for Legal Notice Hearings for December 7, 1994 Copies of the Legal Notice furnished to the following 11/16/94: Mr. Thomas C. Woipert, Young & Young, 400 Ostrander Ave. , Riverhead 11901-4694 Res Racz and Dessimoz Mr. Joel Lauber, Box 921, Southold, NY 11971, Re: Corey Creek Vineyards Mr, and Mrs. Thomas Thompson, 2890 Bridge La, Cutchogue. 11935 Edward John Boyd V, Esq. , Main Rd, Southold 11971 Re: Luce Patricia C. Moore, Esq., 315 Westphalia Rd, Ma'ttituck 11952-0023 Re: Meyhoefer/Mazzaferro Posted on Town Clerk Bulletin Board on 11/16/94 Copies to Board Member Boxes together with,copies of files 11/16 Copy to Town Clerk for distribution to TB on 11/16/94 Copies to official newspaper(s) on 11/17/94 by fax transmission Copy to Building Department on 11/17 APPEALS BOARD MEMBERS �o�pgpfFOl� �oGy< Southold Town Hall Gerard P. Goehringer, Chairman y 53095 Main Road Serge Doyen, Jr. S P.O. Box 1179 James A Robert ! r. So Villa y1 a0� Fax 7 71 65-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD NOTICE OF PUBLIC HEARINGS NOTICE IS HEREBY GIVEN, pursuant to Section 267 of the Town Law and the Code of the Town of Southold, that the following public hearings will be held by the SOUTHOLD TOWN BOARD OF APPEALS i at the Southold :Town Hall, 53095 Main Road, Southold, New York 11971, ;on WEDNESDAY, JANUARY 4, 1995, commencing at the times specified below: 1. 7-30 p.m. Appl. No. 4288 - JACK AND CHRIS GISMONDI. Request for a Variance under Article III, Section 100-30A(1) for approval of the location of an accessory swi mingpool, above ground as built, in a yard area other than the required rear yard, at premises known as 5655 Indian Neck Road, Peconie, NY; County Tax Map Parcel No. 1000-86-6-14. (Setback from property lines, when located in a yard area other than a rear yard, shall be determined by the Board of Appeals.) 2. 7.40 p.m. Appl. No. 4289 - WILLIAM AND VERA SMITH. Request for a Variance under Article IIIA, Section 100-30A.3 based upon the October .28, 1994 Notice of Disapproval issued by the Building Inspector, for permission to construct addition to existing building which will have an insufficient front yard setback. Page 2 Legal Notice Southold Town •Board of Appeals Public Hearings for January 4, 1995 Location of Property: 980 Bayview Avenue, Mattituck, NY; County Tax Map Parcel No. 1000-106-10-17. 3. 7:40-p.m. Appl. No. 4M - WAREX TERMINALS,CORP. Request for a Variance under Article X, Section 100-101C, ref. 100-33, for permission to locate a 'canopy structure over existing gasoline pumps in an area other than the rear yard. Location of Property. 9945 Main Road, Mattituck, NY; County Tax Map Parcel No. 1000-142-1-27. 4. 7:45 p.m. Appl. No. 4287 - NORTH FORK BEACH CONDOMINIUMS. (Carryover from December 7, 1994). Request to install swimmingpool at 52325 C.R. 48, Southold, NY; 1006-135.1-1-43. 5. 7:50 p.m. Appl. No. 4286 - JOEL AND MARGARET LAUBER (COREY CREEK VINEYARDS). {Carryover from December 7, 1994}. Request for Special Exception to establish Winery Use for the sale of wine .produced from grapes grown on the existing Vineyard where the proposed Winery is to be located. Location of Property: Consisting of a minimum of ten (10) acres of land referred to as 45470 Main Road, Southold, NY; County Tax Map No. 1000-75-6-9.7 and 9.6. _ Page 3 - Legal Notice Southold Town Board of Appeals Public Hearings for January 4, 1995 6. 8:00 P.M. AppL No. 4293 - EDWARD J. MUNSON. Request for Variance under Article IIIA, Section 100-30A.3 based upon the December 7, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct addition to dwelling which will have an insufficient sideyard setback at less than the required" 15 feet, and total side yards at less than the required 25 feet. Location of Property: 1545 Oaklawn Avenue, Southold, ,NY; j County Tax Map Parcel No. 1000-70-3-5. Containing 10,400 sq. ft. of land area. 7. 8.05 p.m. AppL No. 4292 - JAY AND 'MARY THOMSON. Request for a Variance under Article IIIA, Section 100-30A.3 based upon the November 30, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct addition to existing dwelling which ,will exceed the maximum lot coverage limitations. Location of Property: 695 Bayshore Road, Greenport, NY; County Tax Map Parcel No. 1000-53-6-14. 8. 8:10 >p.m. Appl. No, 4291. JAMES M. and ELAINE O'KEEFE Request for a Special Exception under Article IIIA, Section 100-30B to establish Bed and Breakfast use as an accessory incidental to the applicant's single-family residence and ownership of dwelling located at 54300 C.R. 48, Southold; NY; County Tax Map Parcel No. 1000-52-3-1. Zone District: R-40 Low-Density Residential. Page 4 - Legal Notice Southold Town Board of,Appeals Public Hearings for January 4, 1995 9-11. 8:15 p.m. Application for Variances requested by WILLIAM-F. GASSER concerning his property known and referred to as the American Armoured Tank Museum, 640 Love Lane and the south side of County Route 48, Mattituck, NY County Tax Map Parcel No. 1000-140-2-16 located in the Hamlet Business Zone District, which requests are noted as follows: (9) Appl. No. 4260 Request for Variance under Article IX, Section 100-91C(1) based upon the July 12, 1994 Notice of Disapproval issued by the Building Inspector for the placement of accessory tower structure which is required to be located in a rear " yard with a setback as per Section 100-33B(2) at five feet from the property line; (10) - Appl. No. 4261 - Request for Variance under Article XXIII, Section 100-231A based upon the July 12, 1994 Notice of Disapproval for the height. of the fence which excess the required height limitation; (11) Appl_ No. 4262 - Request for Variance under Article IX, Section 100-93 based upon the July 12, 1994 Notice of Disapproval for the outside storage or display which is not permitted in this Hamlet-Business Zone District. Page 5 - Legal Notice Southold Town Board of Appeals Public Hearings for January 4, 1995 The Board of Appeals will at said ;time and place hear any and all persons or representatives desiring to be heard in the above matters. Written comments may, also be submitted prior to the conclusion of the subject hearing. Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request more information, please do not hesitate to call M-1809 or visit our office. Dated: December 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD'OF APPEALS GERARD P. GOEHRINGER CHAIRMAN By Linda Kowalski X s t 5(A ec i Tb $ba 1e o �N t`erfa t 1br>) = ., TOWN OF SOUTHOLD, NEW YORK v7 9_ APPLICATION FOR SPECIAL EXCEPTION Application No. L�� 6 Date Filed: TO THE ZONING BOARD OF APPEALS, >SOUTHOLD, NEW YORK: (we), 1/46L 8 Mgg+9ker LA!! of tK © Q/ tmR_1) f kliesidence, House No. and Street O/Zt�'lr7✓ �te (Nam et, State, Lip oae,le ep one Number) hereby apply to THE; ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE /—/7 SECTION!,:rD 3 l ;1�UBSECTION for the below-described property for the following uses and purposes (and 'as shown on the attached plan drawn to" scale): A69,r-4os am .S'ouiW JlDiz oFAAiff44 tXt,S'77N6 X 39 ` /3U14PI 4C To 8e UODIFiEb To lMecuor- ,g r3ccs'iRrE,ss ®.P=reG& F'o,e Use 6Y40&#MWs elf}[C-.1r AAeF4 Ti)� e6 P446 .10f}L6-r CyJ':" !✓ �i77ZZb lNIN4- R4N7W , Ole �G<¢S� 6VAJ7f1N6 4-4"D Ol✓.ve'p-f' pEQsv�lr> L Uri, , 14,410IGIfOP6 ` �1974gROOAt -5, �iVD �,�� PR2 �Ne srt�Gt.r• F/l�f�':U GoW G�v�L (1/ecC f3 V,Aeb F'oR Cv� N PlLr7DUc.�i�f�1 i4+V� �I i okRfa A. Statement of Ownership and Interest. v�( L * AMA64R&7" flare) the: owner(s) of property known and referred to ass ?D i9/ R/) fO�fJGD (House No. , Street, Hamlet) identified on the Suffolk County Tax Maps as pistrict 1000, Section' Block Lot(s) � Lo s) 7, which is not (Xi on a subdivision Map (Filed "Map of Filed Map No. and has-been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision) . The above-described property was acquired by the owner on 4ML 3D, B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose ofsaid zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: • IN(IrriW6' -eW, 000941C �_o 7-A47'E ,4N.P /v). r�.N PILWdW FRV41 S&#ior-s dRowl ON Jl7'E iX(:v1v iIST�NT w.,m e:x& -IN6 CwtA(It 6( r AAI,* FAka1 X"'Al" MR004W"7' 7'HIa h-tw4, wH.,c& if eAlo4mi A.r Tfer leGW05144& C.o"i-PoRt " DN Tye',1aR H po4K C. The property which is the subject of this application is zoned /Ir c and [ ] i.s :consistcnt with the use(s) described in the Certificate of Occupancy being furnished herewith. (x] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s): <fo j;t2 Z'Z-iFQp 6A 4ylO1 I,;rq) [ ] is vacant land. AA( A6 G16/L7U L T.3CllG�tN6 COUNTY OF SUFFOLK) STATE OF NEW YORK) ss. : i a ure - Sw, to before me this day of1)oL)• )9 19 o. y P l 14QTARY New Yok 1 C. " tNg"4cY t, FUSCO pUBUC, lAaio a# Z62 (rev. J6/86) Qualified in Suffolk CoU111Y Commiselon E pt= Jan.20, J yyy { TOWN OF SOUTHOL ROPERTYRg 4 �z RECORD CARD OWNER STREET c'! �cl(ci VILLAGE DIST.1 SUB. LOT �FORMER OWNER' N .ralo � , t pE?S t t1t ; - airs E � c1C •� tW TYPE OF BUILDING ✓a s Y TI4 'r Cif' GE �� -Y RES. SEAS. VL `' FARMOMM. CB. MICS. Mkt. Value •�— m LAND IMP. "�TOTAL"' DATE REMARKS ( dab g - 2 no rn"1 Cor11YY1�?-Yy1' /r{ , 'L U(r , S O��-Y U//l�r '✓rf5 �t 5/r/) i /�lf��riC�(}a /9L end F;c 3/Ud C1173D 3/i�? 3J-�inc1 �X 3 ocd C '3 Y"Y 3l b S r p,v. S r� 1J �o laubc✓ �."7S`adl �P�Isf 3.7 y a I Tillable FRONTAGE ON WATER 777 Woodland t �., FRONTAGE ON ROAD Meodowlond DEPTH " `, House Plot BULKHEAD .1 r M✓< 3 lC»CJ j''.•N"�' - w TOWN OF SOUTHOLD PROPERTY,.RECQRDJbAhb, - 0WNER STREET. VILLAGE DIST -- SUB — LOT 04 << �� ACR• REMARKS ' s TYPE:OPBLD .. CLASS LAND IMP. TO196 TAL.: DATE 3 2 417- �r) fry4z1rd/.��rz7s'r�a � I .. ;s 1 FRONTAGE ON WATER ! TILLABLE 2�f�*s f� FRONTAGE ON ROAD - WOODLAND' ( DEPTH MEADOWIANDPi " BULKHEADS , HOUSE/LOT A � i,.✓ TOTAL l WAQu I �;b� ,dtN,11�53t{i. 3yy��iy`Gpsry, S'.l>xt++ �Fit sky i� 'P" W m COLOR A , 'k k qkL 4 TRIM �r - - i Foundation ce' Bath Dinette ' ruu , Extension Basement CRAWL Floors Kit.. SLAB e'" - Extension Ext. Walls InterlorfiriisF "" - L.R. Extension Fire Place Heat D.R. Patio Woodstove BR. ' Porch Dormer Fin. B. Deck Attic Breezeway Rooms 1st Floor Garage Driveway Rooms2nd Floor �- ... Pool BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of JOEL AND MARGARET LAUBER -----------------------------------x CONFIRMATION OF POSTING I, residing at and, being duly sworn, depose and say: That on the day of December, 1994, I personally posted the property known as "45470 Main Road, Southold, NY" by placing the Town's official poster notice on facing the road side of the property, and that the poster has remained in place at least seven days prior to the date of the first public hearing. Dated: December 1994. (signature) Local ggLaa��w #2 - 1983 added to Zoning Code 2/ 1/83 for Wineries . APPhM. WINERIES (as updated 5/9/94) Pindar Vineyard (Herodotus Damianos ) #3344 5/23/85 Main Rd. , Peconic Bedell Winery #3451 4/16/86 . Main Rd . , Cutchogue Bidwell Vineyards (Robert E. Bidwell ) #3732 6/9/88 R C. R. 48 ; Cutchogue Cutchogue Farms LTD (Gristina Vineyards ) #3769 10/26/88 Main Rd . , Cutchogue John & Catherine Simicich #3918 3/29/90 4250 Bergen Ave . , Mattituck Ralph & Patricia Pugliese #3831 7/11 /90 34876 Main Rd . , Cutchogue Peconic Bay Vineyards (Herman & Reynold Blum) #3898 2/15/91 32180 Main Rd. , Cutchogue Reynold Blum #3346 approved 5/23/85 Main Road, Peconic, NY 11958 Pellegrini Winery (Robert and Rita Pellegrini) 44065 1/23/92 & Amended Special Exception 5/4/94 for private kitchen use (for employees) Bidwell , Robert - approved 5/4/94 (final approval) (lk) Osprey Dominion Co. DEADFILED 12/7/94 - No action required by ZBA DUE TO ENACTMENT Attn: Mr. Fred Koehler 71 Carolyn Boulevard OF NEW LOCAL LAW by T.B. on 11/29/94. Farmingdale, NY 11735 (734-6188 tel. #) Mr. Joel Lauber SE #4286 DEADFILED,- No Action required per Local Law Corey Creek Vineyards of Town Board adopted 11/94. Box 921 — Southold, NY 11971-0921 PETER LENZ - LENH WINERY (C.O. received prior to SE authority) Main Road Peconic, NY 11958 J \v4 \ JUDITH T.TERRY Town Hall,53095 Main Road dX TOWN CLERK y P.O.Box 1179 REGISTRAR OF VITAL OFFICER Southold,New York 11971 MARRIAGE CS Gy `� Fax(516)765-1823 RECORDS MANAGEMENT OFFICER ��.( `�aO Telephone(516)765-1800 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD THIS IS TO CERTIFY THAT THE FOLLOWING RESOLUTION WAS ADOPTED BY THE SOUTHOLD TOWN BOARD AT A REGULAR MEETING HELD ON JANUARY 24, 1995: RESOLVED that the Town Board of the Town of Southold hereby authorizes a refund of $200.00 to Fred Koehler, Jr. for Osprey Dominion Co., and $200.00 to Joel Lauber for Corey Creek Vineyard, which refunds represent one-half of the filing fees for applications to the Zoning Board of Appeals, which applications were filed in October and November, 1994, processed in their entirety, except for a final determination, when the legislation with regard to wineries was changed when the Town Board enacted Local Law No. 26 in December, 1994. Judith �T Southold Town Clerk January 25, 1995 Cf� REY C R E A V I N E Y A R D S DEC 2 719% December 26, 1994 Gerard P Goehnnger Chairman Southold Town Board of Appeals P 0, Box 1179 Southold. NY 11971 Dear Mr. Goehringer, Thank you and the Board for taking the time to offer your observations on my request for a special exception to build a tasting room/retail outlet at Corey Creek Vineyards, 45470 Main Rd., Southold. At the December 7th hearing, you suggested that I consider a revision to the site plan in order to move the parking area further away from the property line of one of my neighbors, Joseph Fristachi. In conjunction with the Planning Board, we have been able to accommodate your request and still retain the basic integrity of the overall plan. For your review, I have attached a sketch of this proposed change. Perhaps this will serve to expedite matters at the next hearing, which is scheduled for January 4th. 1995. 1 also thought you might be interested in a recent N.Y. Times article which describes a growing wend in the Amierican wine industry (it has long been the practice in France) — contrw.t winemaking — and points out the significant economic advantages to many wineries of having someone else make some or all of their grapes into wine. cerely,, z�� J6el D Lauber JDUps North Fork of Long island Box 921 , Southold , New York 11971 ( 5 1 6 ) 3 2 3 - 1 2 2 4 is Ir Jl � 0 ` ✓4' S 4ZG / JJJ S i Sy / S h� t ,o 9hr`�-oPa aQ U l / ��✓gPgNfsf i1. c f 1 3 d DEC 2 r/ �. Qr pFROP o� 1 t THE NEW YATIMES, SUNDAY, DECEMBER 18, 190 •The Contract V t is Motto: What's in a Name? ing the full range of production: brecht& Quist. By LAWRENCE M.FISHER from crushing grapes to designing The source of Vintage Group's labels to shipping cases of wine. - capital, and its chairman and chief HOPLAND,Calif., Wine making is capital inte.Dsive., executive, is Richard P. Godwin, a HE Ravenswood winery in the Vineyards must be cultivated or retired vice chairman and president Sonoma Valley is known for its grapes bought; specialized equip- of Bechtel Inc.,the international en - intense zinfandel. McDowell ment like crusher-stAmthers and gineering company. Mr. Godwin, Cellars makes a wine in the style of wine presses are costly,yet they are who also served as the Undersecre- of Defense for acquisition in the, southern France.Hidden Cellars is a used only part of the year;no winery tary specialist in Mendocino County. ever has enough stainless steel tanks Reagan Administration,entered the . And while all of these wineries or oak barrels. With the exodus•of wine business as a.grape grower. make different types of wine, they several big banks front winery lend- Mr. Hemphill is well known in the -are following a e ing in recent years, many wineries wine industry,having been president California .11111JD9 have struggled or collapsed for lack of Chateau St. Jean. Kerry Dains- someone else undertake theq lCn- of financing key, Vintage's winemaker, worked live process of making some os.ail of "There's just not enough capital. in a number of California wineries. their grapes into wine. There never has been in this indus- "By using their equipment much The Associated Vintage Group, a try,"said Allan3-.Hemphill,Vintage more efficiently,Allan and his asses! winery situated here in the McDow- Group's president and chief operat-: elates can produce wine for people • ell Valley, does't have its own label, ing officer."Even if they could get it, more inexpensively than they can, but about a dozen customers from we'd say it's indefensible to invest it themselves,"said Ed Everett,pre§i-; premium wineries to liquor distribu- in a low efficiency operation that can dent of New World Wines in Sang tors will turn to it this year to be done better somewhere else." Francisco, which markets a winq produce over 350,000 cases of wine. Turning over production to Vintage under the Huntington label that ts, Some elements of wine production Group frees up capital better spent produced by the Vintage Group. + have long been available on a con- on high quality grapes and market- Mr. Hemphill said that he can tract basis, but they were typically ing efforts ho si id. make a case of wine from$10 to$25, offered by wineries with under-uti- "Wine is asset intense. Any way cheaper than most of his customers,+ lized capacity after making their you can find to make do with fewer While contracting out production own brands. Vintage Group, which assets is desirable," said Jean-Mf- is commonplace in industries from, opened in 1993, is a pioneer in offer- chelle Valette,an analyst with Ham- computers to clothing,it required an; attitudinal shift in the wine business, The image of the chateau, with all operations under one roof, still at- tracts would-be Mondavi's. But the past decade saw the emery. Bence of a new kind of wine business, even as many of the so-called bou, tiques foundered for lack of cashi like Gran Cru and Lyeth.Names like Clos du Bois, Kendall-Jackson and Glen Ellen became big :;natio& brands selling millions of cases witff DEC 2 7 19�?« 1 R either winery at all or a smail. / token-winery,augmented by many custom production contracts with other wineries: And it is strongg brands that command shelf-space At • the supermarket. "Wine has become increasingly-9 marketer's game," said Paul Gil- lette,publisher of The Wine Investbr an industry newsletter."There arefil lot of people with knowledge that" typical vintner doesn't,have. Thosit people from the marketing end will say, 'if I had a $7.50 bottle of what- ever, I could sell a lot of it.'" 11 In the past,such guerrilla market; ers bought wine on the bulk markei, packaged it attractively and sold ie cheaply. But this business was de- pendent on temporary or localized oversupplies. So some of,the ,m9V successful- marketers have lookgd t , for a more consistent source, over j which they could exert some control. One such operator is the Codera Wine Group of Emeryville, Calif. In April, Codera began buying wine produced by the Vintage Group, re- placing.six bottling operations it had cons acted with in previous years. Codera will sell over 200,000 cases of wine this year, under's number of brands, including Cedar Brook, Blackstone and Angeline. "We decided to build the brands; sales and distribution with the option of backing into production if and • when that makes sense to us," said Steven Gomberg, Codera's chief op- erating officer. "This way.we can run a very lean operation. We're doing 200,000-plus cases with just eight people here." Vintage Group's ability to make-a quality product at lower cost is port- ly attributable to economies of scale; Its fixed costs are spread over a higher volume of production.But it also reflects the company's ability to acquire production capacity at low cost, in large part because of the shake out among California winer- ies. All of their operations are.in Men- docino and Sonoma counties. In Napa, Vintage Group has competi- tion from the Napa Wine Company, which operates a similar business in the former Inglenook winery. After Initially competing with Vin- tage Group for custom winemaking business, John Dickerson, president _. ..._..___.,. of Hidden Cellars, moved all of Hid- - den Cellar's 25,000-case production to the Hopland operation. "What we've got is a lot more toys to play DECnflA with because of these guys,"he said.' C 2 1994 "They've got a lab there with three full-time enologists whom we could never afford." ■ ........................................................................... TRANSMISSION RESULT REPORT ....................(JAN 03 '95 09:50AM)................. • • SOL•LD TOWN HALL 516 765 1823 .................................................................................................................................................................................. (AUTO) ..................... DATE START REMOTE TERMINAL TIME RE- MODE TOTAL PERSONAL LABEL FILE TIME IDENTIFICATION SULTS PAGES NO. JAN 03 09:47AM 516 6947009 02'22" OK S 05 004 ...................................................................................................................................................................................................................... E)ECM >)REDUCTION S)STANDARD M)MEMORY C)CONFIDENTIAL *)BATCH D)DETAIL $)TRRNSFER F)FINE P)POLLING 7L ��� ?,u�i_r r �i - ��✓� FR y PS Tc �'n L� \\\ LOCAL LAW NO. 26 1994 A Local Law in Relation to Wineries BE IT ENACTED, by the Town Board of the Town of Southold as follows: 1. Chapter 100 (Zoning) of the Code of the Town of Southold is hereby amended as follows: INTENT The win in r haste n an important com one not onlv9f Ihe ag[icuttral community. but the Town's Doris( industry In rerngnition of the winery s ability to contrihu[�Ih�[ouris rods e[rve Town ie clLy�cf ndnne� n Sal es of wine�LeAvm ucts ae an ac�_ is and a(lowdng for outdoor for-tr t events under cert mi n i i n 1. Section 100-31A(4) is hereby add to read as follows: (4) YLineries which meet the followine standards � shall be a Rater oremites on whi h wine made fr m ri�ily Long; I I n ranee ie Ra dt�ed_and sold' ajn M shall Ue on a tzarcel on which a leaet ten (1Q re�are r Ymuar—d (her agricrl +ral o Mases and which ie owned ttrk 3vivicr} omn ram_ (c) the winery stm .(ores r 0 feet frorn a major road and W shall obtain eit� Ian R royal 2. Section 100-31B(13) is hereby deleted in its entirety: (-}3j Wineries-fer-tfre�rodtletion-attd�ale�€svine-pfedueed�rem�rspes�rimarilq gfewrjin�lje wneyaf�s-on which-sue(twvtfler3*rs-located. 3. Section 100-31B(14) and (15) are hereby changed to (13) and (14) respectivcly: 4_ Section 100-31 C(1 1) is added to read as follows: I I 1 n rieSlllay I es1n cscss �if�sltop�n I�premises—which may--scll it saccesssasy to wine_�ucJ assotkscrexxs. wine lasscs.slecaDtcrs,itfns fort) e�ltzrag�an play of wine,-b�k oLv�ilemakinF ndlltc re9n_and t n pccj i m rin th . ine nia of the wrnerv__Wj Lc mS_tLay 1 iave a COmnterestl ki � nay-1 nm2a1c-c n - sial kilchett.facil lv_for IN1iyatc_Use b3,-l1te ctnpl9yees_ 5. Section 100-30A.2A(1) is amended to read as follows- (1) Same as Section 100-3 t A of the Agricultural-Conservation District except that wineries are excl uded. 6. Section 100-42B(4) is deleted as follows: (4) jerks as�ei�o t�j and regulated�q Section 1-00�48(�3jbfta e Agricul lural-C—onset-vation-Dist-riet 7. Section 100-61 A(1) is hereby amended to read as follows: (1) Any permitted use set forth in and as regulated by Section 100-3 1 A of the Agricultural-Conservation District v that winerrs_arc_cxcluried_ 8. Section 100-71B(6) is hereby deleted as follows- (6) Wineries. 9. Section 100-71B(7) is hereby changed to (6). 10. Section 100-81 A is hereby amended to read as follows: A. Permitted uses. (1) Any permitted use as set forth in and regulated by Section 100-31A of the Agricultural-Conservation District except win ri s which shall bias set forth below (2) The following uses are permitted uses subject to the site plan approval by the Planning Board: (a) Retail businesses complementary to the rural and historic character of the surrounding area, limited to the following: [1] Antique, art and craft shops and galleries- [2] Custom workshops and machine shops [3] Wholesale or retail sale and accessory storage and display of garden materials and plants, including nursery operations, provided that the outdoor storage or display of plants and materials does not obstruct pedestrian flow or vehicular traffic and does not occur within three (3) feet of the property line. [4) Libraries or museums. (b) ProfessioAnd business offices, • (c) Funeral homes. (d) Restaurants, except drive-in restaurants. (e) Personal service stores and shops, including barbershops, beauty parlors, professional studios and travel agencies. (f) Repair shops for household, business or personal appliances, including cabinet shops, carpenter shops, electrical shops, plumbing shops, furniture repair shops and bicycle and motorcycle shops, landscaping and other service businesses. (g) Wholesale and warehousing_ (h) Retail uses supplemental to the service business establishment. 0 Wineries which meet the following standards Ill shalLt�eafz�iuv�aeLylicensed�tnderl�le�Yo1>uStatela�fr�m which wine made from f rnrarily ong Ieland grams iris or�duced and sold and f4 shall obtain site plan approval n _W shallh Yc�Lail sale,---on sit_ 11. Section 106-81B(I) is hereby amended to read as follows- (1) Any special exception use as set forth in and regulated by Section 100-31 B of the Agricultural-ConservationDistrictseept-wineries-af-e i t-requiredio beineonneetion wit{t-a-vineyafd. 12. Section 100-81C(I) is hereby amended to read as follows; (1) Any accessory use as set forth in and regulated by Section 100-3 I C(1) through (8) and (11) of the Agricultural-Conservation District, and subject to the conditions set forth in Section 100-33 thereof. 13. Section 100-91 B(10) is hereby deleted as follows. (10) Winclies_ i 14. Section 100-101A(1 I) is hereby added to read as follows- ("I I in ri s_wlkh meet the following tand W shall he a Finn winery lic�ns�t nder tJcw York State law from which vine made from primarily Lone [da �p�S�S nrt��d�n �nd (ba_ �all o�taii�il��a�RRr9�l_�nd NI shall haYe—set""laic-s-sm sites 15 Section 100-101 C(l) is hereby amended to read as follows: (1) Accessory uses set forth in and as regulated by Section 100-3 1 C(1) through (8) n 1 1)of the Agricultural-Conservation District, subject to the conditions set forth in Section 100-33 thereof 16. Section 100-13 1 A(6) is hereby added to read as follows: (6) ML - es_as_Legulated by Section 100-IOIA(111 17. Section 100-13 I B(14) is hereby deleted as follows: (4-4) Wineries_ 18. Section 100-141 A(3) is hereby added as follows: > in rie's_as regulated by Section 100-IOIA(1 I l_ 19. Section 100-14113(3) is hereby deleted as follows: (3) Wineries. 20. Section 100-274G(Fees) is hereby added to read as follows: LSLalzulications for bublic entertainment and sRe�al �Zermits, It ie fee sh II c-filly dollar 50 00 _ [L This Local Law shall take effect upon its filing with the Secretary of State. * Strike(hrough indicates deletion. ** Underline indicates addition. § 100-31 ZONING § 100-31 (10) Veterinarian's offices and animal hospitals, subject to the following requirements: (a) The housing of all animals shall be in a fully enclosed structure, if nearer than one hundred fifty(150) feet to:any lot line. (11) Cemeteries. -� (12) Stables and riding academies. '(13) Wineries for the production and sale of wine produced from grapes primarily grown in the vineyards on which such winery is located. [Amended 8-1-1989 by L.L.No. 15-19891 (14) One (1) accessory apartment in an existing one- family dwelling, subject to the following requirements: (a) The accessory apartment shall be located in the principal building. ll (b) The owner of the existing dwelling shall occupy •7 one (1) of the dwelling units as the owner's principal residence. The other dwelling unit shall be leased for year-round occupancy, evidenced by a written lease for a term of one (1)or more years. (c) The existing one-family dwelling shall contain not less than one thousand six hundred (1,600) square feet of livable floor area. (d) The accessory apartment shall contain not less than four hundred fifty (450) square feet of livable floor area. (e) The accessory apartment shall not exceed fort, percent (40%) of the livable floor area of th( existing dwelling unit. (f) A minimum of three (3) off-street parking spaces shall be provided. 10043 8-25-1 d PLANNING BOARD MEMBERS , Town Hall,53095 Main Road Richard G.Ward, Chairman w , ^ p O Box 1179 George Ritchie Latham,Jr. J +-���•. Southold,New York 11971 Bennett Orlowski,Jr. '� ✓ ^vim Mark S.McDonald Fax (516)7653136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD >tre i � J Re: Lead Agency Coordination Request Dear Reviewer: The purpose of this request is to determine under Article 8 (State Environmental Quality Review Act-SEQRA) of the Environmental Conservation Law and 6 NYCRR _ Part 617 the following: 1. Your jurisdiction in the action described below; 2. Your interest in assuming the responsibilities of lead agency; and 3. Issues of concern which you believe should be evaluated. Enclosed please find a copy of the proposal and a completed Environmental Assessment Form (EAF) to assist you in your r sponse. Project Name: Requested Action: L t� aIZ4 SEQRA Classification: ( ) Type I ( Unlisted Contact Person: (516) 765-1938 1 - - Ar Page 2 Lead Agency Coordination Request The lead agency will determine the need for an environmental impact statement (EIS) on this project. Within thirty (30) days of the date of this letter, please respond in writing whether or not you have an interest in being lead agency. Planning Board Position: (�) This agency wishes to assume lead agency status for this action. ( ) This agency has no objection to your agency assuming lead agency status for this action. ( ) Other (see comments below) Comments: Please fe -free to contact this office for further information. PSincre y./man cc: Board of Appeals --lea; -ef Truste-eg— Building Department Southold Town Board Suffolk County Department of Health Services 41YSBEG---Stony-B rook- NYSDEC - Albany Suf€elk-County_Department-ef-P-ublic-Works W.S.-Army-Corp-of Engineers— New York State Department of Transportation 'Maps are enclosed for your review rev. 4194 16,641 rL971—Text t2 PROJECT I.D. NUhteER 617.21 SEOR r Appendix C State Environmental Ouality Review ate' SHORT ENVIRONMENTAL ASSESSMENT FORM ``- For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT(SPONSOR 2. PROJECT NAME ./DEL 9 A219RZ: Gf�U/3 C�i2� 6e66 7. PROJECT LOCATION: ry�y��a (�' �—(J Municipality tJVT�L"D County ✓ uF L� <. PRECISE LOCATION (Street address and road intersections, prominent landmarks, etc., or provide map) 11XV-7t) titf}/N 20 XOU7740 d Ny /JT7 / fb. r1D,�F0FM9eti fi • ? bt( WEST 04'� T / tRl3o2 /2�;qA 5. IS PROPOSED ACTION: r�r� ❑New ❑Expansion [ Modificatiorealteration 6. DESCRIBE PROJECT BRIEFLY: ti0a14x::71 210,A<e &4-VC rho �1 LcJr r✓�2y 7. AMOUNT OF LAND AFFECTED: Initially acres Ultimately 1z acres 6. WILL PROPOSED ACTION COMPLY WITH EXISTING ZONING OR CTHER EXISTING LAND USE RESTRICTIONS? ❑Yes No It No. descnbe'briefly I/T wlLG je&—ocilec FROtiI S0U7746)4-8 Z/3A w. 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ❑Residential C Industrial ❑Commercial VI griculture ❑Park/ForestlOpen space Cl Other Describe: 10. DOES ACTION INVOLVE A PERM( OR FUNDING, NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDER STATrE�D/fit LOCAL)? .SeU7rrr01-b ryc,06D6-Pr-/3L,06 j II1Il1` ll9 Yes ❑No If yes, list agency(s) and permit/approvals rJoT - Gu e13 CuT(iIT v�J1f4 .TUFFC7YDFPraP- =ht-7--.f2W,(66V — J�uiA66 DIl tVdr,�K 'mon-Y 11. DOES ANY ASPECT OF THE ACTION HAVE A CURRENTLY VALID PERMIT OR APPROVAL, ^` /J �? Q�os ❑No f yes, list agency name and permit/approval /3AT� _r70NJ%L Q Ld6 uE74Y 6WNY 77 N�,ds•q -FAIPtit rvluE,C,% 32p;�Z 12. AS A RESULT OOF/ygOPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑Yes IYJ NO I CERTI Y THAT THE INFORMATION PROVIDED ABOVE is TRUE �TOOl THE LBEST OF MY KNOWLEDGE Applleanlls nso name f /• �R/ vICJL'\ Date: Slgnature: If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment ~ OVER 1 �0Jep4 Jrijtachi * 6 ADRIENNE COURT FARMINGDALE, N. Y. 11735 Board of Appeal Town of Southold Southold, new York November 22 , 1994 Re; Petition of Joel and Margaret Lauber Dear Sit : Please be advised that I appose the Lauber Petition for a variance and permission to modify existing building There are no redeeming social factors or environmental factors to this petition. This petition violates existing zonimg codes . Instead a public nusiance will ensure more traffic, more noise, and commercial activity will prevail . As an adjacent homeowner I do not approve of the proposed commercialization of this area . I desire to enjoy the peace , quiet and tranquility of my home . Thank You for your cooperation. Sincerely, Angela Fristachi Joseph Fristachi c.c. J&M Lauber r �o3eV4 Jrijtachi • • 6 ADRIENNE COURT FARMINGDALE, N. Y. 11735 l R� ��.� �/Nl✓/. .L �� l.flC "�L.� , PLANNING BOARD MEMBERS <oy� G Richard G. Ward, Chairman y Town Hall, 53095 Main Road George Ritchie Latham,Jr. 0 T P. O. Box 1179 Bennett Orlowski, Jr. .j. ! Southold, New York 11971 Mark S. McDonald ��l �a0 Fax (516)765-3136 Kenneth L. Edwards - Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD TO : Gerard P . Goehringer , Chairman , Board of Appeals FROM: Richard G . Ward, Chairman RE : Proposed Site Plan for Osprey Dominion Co . �i Main Road , Peconic SCTM# 1000-75-1 -20 Corey Creek Vineyards Main Road , Southold SCTM# 1000-75-6-9 . 6 & 9 . 7 Proposed Lot Line for �i Dessimoz & Racz SCTM# 1000-112- 1 -3 & 4 DATE: November 22 , 1994 As requested in your memo following are the Board ' s comments regarding the above referenced projects : Osprey Dominion The Board now has a complete application . The Board is in favor of this use at the above location . Corey Creek Vineyards The Board does not have a complete application , however in general , the Board supports wineries in the Agricultural -Conservation (AC) District . It is the Board ' s understanding that wine will be produced at the winery from grapes primarily grown in the Corey Creek Vineyard. --j Dessimoz & Racz The Board has no comment on this lot line change . 6 _Zic 3' KUSN•E� a i i FoU U K&D GoIJG. PpQF E r 40 JGI SL4f3 laTlol J \YAIL ' Q6- AUKS-h Ed, yfOP1�GE I 0,wiKd1wd To 'WrIL e i 5' PIA• RACK 1 E Blb_ U I N K J hJ U F _. I 3><Ii lA6 . ZvW STor. 5 gee � -ras1;E � veFs4, I T Pjkz-,rMEIJ•- FLA" N10V 2 8 19M ELIZABETH THOMPSON • ARCHITECT Gom( GQ6EK VIUEY412AS , 270 NEWIYOfayette St.R 1303 Suite K, NEW YORK10012 / 180 NEW `>QJ2) 274-s33e I Go1.1C,QG1E SI..b6 / III T- - - - - - - - - - - - - - - - - - r Zx$ W411{E� U K>;D Go1JC , goof, A30vg 8 a L I-IG LA(� S (�uUddTlou �Y�til, �i3TIA ItJE P I y I ..- PJd..FEKH LatloN \YII,IE � ICOUIJVE E p �� Ito�E BIB_.. U'fIL11Y `- hINK I LEI uP 3yL L.4 . � ul w `'Tor 15 VEE . a 1ABI E f vim, I 9 Pj,�H6U-r FlAkj o;l 2 8 I994 ELIZABETH THOMPSON ° ARCHITECT Go2bf GEC VWEYQDS 270 Lafayette St. Suite 1303 NEW YORK, NEW YORH 10012 I03M +Q212) 274-8336 i � Io1.a�tE I Zx 3`�K.USFi�E� F �BaKE Sii drjUKIokj \V ,• GoI..IG. SIAf� � FoU l.l,IR4"(lol-J �V/t{,l. I I I D4S.F� t At1014 \PINE I .auks-� Ee., y(o2A�6 I I -&R d°MJ I I To S1iF'(IL • I r vva Rauu I TAu I{o�E61b . 5 t�IK • � I UP '. I I 3>wi LAD �llu �foQ. 5 uee ak16H6 -r FlAN I`3` Z 8 i q� ELIZABETH THOMPSON • ARCHITECT GoPa;f Gf6EK VIUEY4QAS 270 Latayette St. suite 1303 d NEW YORK, NEW YORK 10012 51 f�on `-Q 2) 274-8336 A160W—G/LW Tv Mio-irei6lff aF ,2c�oF RAC_ 3.Z F/ �vE�2AdE l6,ei9 70 pacr�i 6i luvoo� N�/1 He T. , aF� , PErx!uc, Y s-rAies-1 OF Po zcq of i oolZ '2FL IlJ4 S up AQ Lip ELIZABETH THOMPSON • ARCHITECT GoR�Y �K VINEY��PS 270 Lafayette St. Suite 1303 / ii t O+i Bl f I9 A NEW YORK. NEW YORK 10012 US '7 (212) 274-8336 • CJ • COREY CREEK - V 1 N E Y A R D S NOV I A 1994 November 12, 1994 Robert G. Kassner "Planning Board Office Town Hall Southold, NY 11971 Dear Mr. Kassner: Thank you for your prompt response to the proposed site plan for Corey Creek Vineyards (October 20, 1994), and thank you for calling to our attention the omission of the wine production area. We did not include it in the preliminary drawings for the following reasons: First, the proposed production area, which would occupy a portion of the existing ground floor, requires no additional construction — only the installation of several tanks, a wine press and an area for aging and storage. A concrete crush pad also exists (and is indicated on the plan). Secondly , our initial plan was to phase in the production area, beginning with the 1996 harvest. However, we have decided to advance this schedule by one full year so that we plan to produce wine on the site as early as next Fall (1995). We will be sure to include this information in the revised site plan which will accompany our formal application, along with the other modifications and additions contained in your letter. ordially ,, oel Lauber JDLlps cc: Thomas Fisher, Senior Building Inspector Gerard P. Goehringer, Chairman, Board of Appeals North Fork of Long island Box 921 , Southold , New York 11971 ( 5 1 6 ) 3 2 3 - 1 2 2 4 O��gpFf0(,�cG PLANNING BOARD MEMBERS G=� co Richard G.Ward, Chairman y = Town Hall, 53095 Main Road W George Ritchie Latham, Jr. P. O. Box 1179 O Southold, Now York 11971 B Mark tS. McDonaldt Orlowski, y�O� �aO�� Fax(516)765-3136 Kenneth L. Edwards Telephone( 16)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD NOV 1 0 1994 November 7, 1994 Joel Lauber ---- Corey Creek Vineyards P. O. Box 921 Main Road Southold, NY 11971 RE: Proposed Site Plan for Corey Creek Vineyards Main Road, Southold Zoning District: Agricultural-Conservation (AC) Dear Mr. Lauber, The Planning Board has received your site plan dated October 20, 1994, and related elevation drawings. The floor plan does not show an area for the production of wine. Therefore, the use of a retail wine store is not a permitted use in this Agricultural-Conservation District. If the production of wine is an omission, and will be part of your site plan then the Board has preliminary comments as follows: 1 . Roof drainage calculations and dry wells are required. 2. Handicapped parking space must be paved. 3. Back up space for parking spaces must be twenty two feet (22') . 4. Any Proposed dumpster must be shown. 5. A sketch of any proposed sign to scale and in color. 6. Elevation drawings of proposed entry structure. 7. Any proposed outdoor lighting, including type of fixture and wattage. The map must be revised to show the entire property. Designate that portion of the property that has development rights sold. The larger acreage of the vineyard can be shown at a reduced scale. In addition to the above, a Special Exception from the Board of Appeals and New York State Department of Transportation and Suffolk County Department of Health Services review is required. If you have any questions, or require further information, please contact this office. (P. lyrt 'Ka ssner Site Plan Reviewer cc: Thomas Fisher, Senior Building inspector In Charge Gerard P. Goehringer, Chairman, Board of Appeals 1 PLANNING BOARD MEMBERS s Richard G.Ward, Chairman , Town Hall, 53095 Main Road George Ritchie Latham,Jr. P. O. Box 1179 Bennett Orlowski,Jr. * v' Southold, New York 11971 Mark S. McDonald 7� .1 Fax(516)765-3136 Kenneth L. Edwards Telephone(516)765-1938 PLANNING BOARD OFFICE TOWN OF SOUTHOLD November 7, 1994 Joel Lauber Corey Creek Vineyards P. O. Box 921 Main Road Southold, NY 11971 RE: Proposed Site Plan for Corey Creek Vineyards Main Road, Southold Zoning District: Agricultural-Conservation (AC) Dear Mr. Lauber, The Planning Board has received your site plan dated October 20, 1994, and related elevation drawings. The floor plan does not show an area for the production of wine. Therefore, the use of a retail wine store is not a permitted use in this Agricultural-Conservation District. If the production of wine is an omission, and will be part of your site plan then the Board has preliminary comments as follows: 1 . Roof drainage calculations and dry wells are required. 2. Handicapped parking space must be paved. 3. Back up space for parking spaces must be twenty two feet (22'). 4. Any Proposed dumpster must be shown. 5. A sketch of any proposed sign to scale and in color. 6. Elevation drawings of proposed entry structure. 7. Any proposed outdoor lighting, including type of fixture and wattage. The map must be revised to show the entire property. Designate that portion of the property that has development rights sold. The larger acreage of the vineyard can be shown at a reduced scale. In addition to the above, a Special Exception from the Board of Appeals and New York State Department of Transportation and Suffolk County Department of Health Services review is required. If you have any questions, or require further information, please contact this office. Sinc Z o ertKassner Site Plan Reviewer cc: Thomas Fisher, Senior Building inspector In Charge I/terard P. Goehringer, Chairman, Board of Appeals Page 15 - Hearing Tripscript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals MEMBERS: Aye. 7:58 P.M. Application No. 4286 - JOEL AND MARGARET LAUBER MR. CHAIRMAN: (Carryover from December 7, 1994) . Request for Special Exception to establish Winery Use for the sale of wine produced from grapes grown on the existing Vineyard where the proposed Winery is to be located. Location of Property: Consisting of a minimum of ten (10) acres of land referred to as 45470 Main Road, Southold; Parcel No. 1000-75-6-9.7 and 9.6. Expected resolution of no-jurisdiction as per new Local Law #26 - 1994. We will ask Mr. Lauber if he would like to say something for the record? JOEL LAUBER: Nothing more than what I said the last time. You asked me if I would make an attempt to reconfigure the property a little bit so that the parking space is further away from the adjacent property. We've done that and you have that information. MR. CHAIRMAN: Right. That's the area that you have penned in yellow? JOEL LAUBER: Yes, see, it moves it about 50 feet further away. MR. CHAIRMAN: Alright. Could I just ask you to come up here one second. If you were standing, I assume this is the road coming in, this is the building, where approximately is north on this? BOARD SECRETARY KOWALSKI: Yeah, we just need to have that. JOEL LAUBER: Where's north? Page 16 - Hearing T*script Regular Meeting of January 4, 1995 Southold Town Board of Appeals BOARD SECRETARY KOWALSKI: Yeah, if you could mark it on this. Just mark it on there please. MR. CHAIRMAN: Something like this? JOEL LAUBER: Yeah, the road, the highway is here, they would be here. BOB VILLA: Where's those properties a ---- JOEL LAUBER: Right here. The property in question is not next to it, it's the next one. MR. CHAIRMAN: Right. JOEL LAUBER: This is our property, this is Amando, I believe and his would be the next one. That's the one ----- MR. CHAIRMAN: Who owns this one? JOEL LAUBER: The one right next to Amando's property? MR. CHAIRMAN: This is Amando and this is the gentleman that I JOEL LAUBER: I think that's the guy. MR. CHAIRMAN: Alright. BOB VILLA: OK, so where did you park the vehicles? JOEL LAUBER: Well, the parking, it used to be pretty much over here and now on the other side of the road. MR. CHAIRMAN: Yeah, Lets, lets look at this bigger map. Will be with you in one second. (All parties checking map) . JOEL LAUBER: The parking was on this side with the stalls facing this way. Now we've taken, but Fristachi owns a natural pond road that comes in and we've moved the parking lot to the other side. BOB VILLA: The road comes in something like that? Page 17 - Hearing T#cript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals JOEL LAUBER: The road comes in like this, It's on the site map which I have if you don't have one which has the full plan. But, what we did was by flipping the stalls you pick up about 50 feet in distance because you're moving 22 feet across the road itself and that 22 feet ----- BOARD SECRETARY KOWALSKI: Can you hear OK back there? MR. CHAIRMAN: He probably could not. JOEL LAUBER: So we moved it roughly 50 feet from where it was, away from the adjoining property. MR. CHAIRMAN: Right. BOB VILLA: What were you going to do about screening? JOEL LAUBER: Well the screening was in there originally. We, we wouldn't change that. We wouldn't change any of it. BOARD SECRETARY KOWALSKI: OK, yet, you moved it over 50 feet over to this side? MR. CHAIRMAN: No, it's over this way. BOARD SECRETARY KOWALSKI: Its in here now? JOEL LAUBER: Its on the other side. BOARD SECRETARY KOWALSKI: You mean here, this side when you say other side? JOEL LAUBER: Yeah, and that, that conforms, conforms to what, the Planning Department really helped us do that because they were very happy about the fact that you could move it so that people who then get out of their cars would not cross the parking lot itself and they were delighted at that. BOARD SECRETARY KOWALSKI: It got moved to the north 50 feet? Page 18 - Hearing Transcript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals MR. CHAIRMAN: Well no, it's actually south, south east. BOARD SECRETARY KOWALSKI: OK. MR. CHAIRMAN: Good, wonderful. OK, we thank you for that. Is there anything else you wanted to add, Mr. Lauber? JOEL LAUBER: Any other questions you have. MR. CHAIRMAN: Not at this time. We'll see what develops throughout the remaining portion of the hearing and we thank you for your cooperation. JOEL LAUBER: I have a question. MR. CHAIRMAN: Surely. JOEL LAUBER: What is the expected resolution of non-jurisdiction as per new law belonging? MR. CHAIRMAN: Well, I, I won't tell you that we were totally cognizance of this fact. We were aware of it, OK and we didn't know that it was going to happen as quickly as it happened. But, it appears that the Town Board has taken the jurisdiction of Special Permits out of the Special Permit area and the 130 Zone which is the Residential Zone. BOARD SECRETARY KOWALSKI: For Wineries only. MR. CHAIRMAN: For Wineries only, OK, and what will happen then is most of the jurisdiction will then be placed within the Planning Board's hands. You'll be permitted to have a Winery as a matter of right provided that you have the significant site plan approval from the Planning Board. So we intend to do, is take all the testimony from here and go over there and tell them that this is what you have agreed to and a --- Page 19 - Hearing Tra•ript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals JOEL LAUBER: They know that already. MR. CHAIRMAN: Yes, yes, I'm sure they do. BOARD SECRETARY KOWALSKI: Yeah, we have to transmit our record over there. MR. CHAIRMAN: We actually have to transmit the record over, alright, so ------ JOEL LAUBER: I'm sorry. You say that the jurisdiction of this kind of an exception is now going to move to Planning? MR. CHAIRMAN: No, its going to be a matter of, as a matter of right without a Special Permit. JOEL LAUBER: Oh! No prior exception? MR. CHAIRMAN: Yes, its not requiring Special Exception as of December 3rd, I think. JOEL LAUBER: And this is alright. This doesn't, does this change the timing? That's what I wondered about. BOARD SECRETARY KOWALSKI: No. MR. CHAIRMAN: No, the timing, well you know, the timing is as quickly as you can convince the Planning Board so that they can give you the stamp, then you're done, that's basically it. What we have been asked to do is to continue the hearing, bringing in all the neighbors' comments and concerns so that it can be made a part of a composite record and give it to the Planning Board. JOEL LAUBER: I see. MR. CHAIRMAN: Right, and again we thank you. JOEL LAUBER: Then, I will hear next or will I inquire of the Planning Board? Page 20 - Hearing Transcript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals MR. CHAIRMAN: You're going to actually inquire the Planning Board when they're going to put yours on for a final approval. JOEL LAUBER: Did this Just happen? MR. CHAIRMAN: You know we, we didn't think it was going to happen just that quickly and a ---- BOARD SECRETARY KOWALSKI: We heard about it about two weeks ago. MR. CHAIRMAN: Yes, we had no knowledge of it, that it was going to, that quickly on December 7th and we didn't know that it actually occurred on December 3rd. JOEL LAUBER: Thank you. MR. CHAIRMAN: Yeah, it's one of the rear times that sometimes you just don't get notice of it. How are you tonight Sir, Ma'am? Would you like to, we apologize, we were just trying to get the parking situation down. JOSEPH FRISTACHI: I'm aware of the new law that the administration passed. They talked to me to express myself tonight about how I feel about it. I was looking at a building right next to a property so close that it's unbelievable at the pond. The Board of Appeals can't do nothing at this point so the Planning Board doesn't know how much they can do. I think there's plenty of property where they can put this building more to this side of their property and not to put a ring around my neck of my property where I can't enjoy my house the way I bought it and I intend to use. ( ) properties to me is worth the effort and you know I intend to keep it that way and to create any problems with traffic. Again, I'm being Page 21 - Hearing Transcript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals ( ) so that's in the weekend. We come here special weekend until I retire in six months from now and to get into a mess like that within seven-eight months makes my property worse. MR. CHAIRMAN: I understand. JOSEPH FRISTACHI: I don't know how, what can I express for myself or if I should invest money in hiring an attorney I didn't do yet, I probably will. MR. CHAIRMAN: I, I don't, you know I'm not trying to take anything out of any attorney's pocket, to be honest with you. I know this is going on the record but, I think you express yourself perfect, perfectly. JOSEPH FRISTACHI: I'm not trying to hurt anybody. MR. CHAIRMAN: No, I, you know and I think that you ----- JOSEPH FRISTACHI: Mr. Lauber is my neighbor and I don't want to put any problems, but I don't want to see my granddaughter to be molested by one of the people who go over there and drink wine and I see what's happened to Pindar right now. It's hard to control them, they should dedicate a whole Police Department over there someday in the month of September, it's not enough and I know my property is going to be molested and going to be bothered and there would be cars on my property and people close by with buildings ( ) . MR. CHAIRMAN: I'm not trying to play down the situation OK. We certainly don't have anything in the magnitude that we have of other wineries in the immediate area but, at the same time your concerns Page 22 - Hearing Transcript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals are very important to us. I would expect you to take those same concerns to the Planning Board and express those concerns. JOSEPH FRITASCHI: I will. MR. CHAIRMAN: OK. JOSEPH FRITASCHI: I express whatever comes ( ) to express my opinion. That if worse comes to worse, again, I'll have to hire an attorney to talk to hire myself because I refuse to live next door to a heavy volume of ( ) . Mr. Lauber is ( ) . I'm only here weekends. I can't see how he can keep a time schedule. I don't know when I'm here. I haven't, I'm here whenever I want. I paid my tax today, all the things ( ) and I ------- MR. CHAIRMAN: Well, well that's basically the issue. You're not paying less tax because you're here only a portion of the time. Your paying the same tax, right. JOSEPH FRITASCHI: That's what I mean, so, so, I'm here to enjoy. I bought the house because the Town of Southold is well known with respect to residential area, makes sure that the Burger King don't come in or other institutions that they create a mess in the neighborhood. And you know the Wineries they come, it's good for the economy and I agree with that. I'm in business, I know what it is to be accomplished, ( ) . I'm glad that they give an incense to the Winery to build up and to expand and to create jobs and whatever, but not to ruin my house. If you go from my house and you open ( ) tomorrow morning and you stand from my fence on the east side of the property, the building is right over there. As a matter of fact they have something growing. When we had the Page 23 - Hearing Transcript • Regular Meeting of January 4, 1995 Southold Town Board of Appeals wind storm a couple of days ago, it was all over my property. It was a bottle of something. Now that we are several hundred feet away I'm right over there. I know because we ( ) . MR. CHAIRMAN: Not knowing that the law was, jurisdiction was changed the weekend after this hearing if we had it on Wednesday, it was approximately the 10th or llth if I did go back to Mr. Lauber's site and I did, I did begin to understand exactly what you were talking about. So, you know, not withstanding the fact, I mean we don't have the ultimate jurisdiction anymore but, I completely concur that you have a legitimate concern. There's no question about it. JOSEPH FRITASCHI: Well, they have plenty of space on each side of the property where they ( ) they come in and ( ) and make sure that they have respect for another citizen that lives next door from them and I wish they do that. MR. CHAIRMAN: I understand, OK. Have a Happy New Year as best as you can and thank you. Is there anybody else also would like to speak? OK, hearing no further comment I'll make a motion closing the hearing and reserving the, well we can do the letter of non-jurisdiction now, right. BOARD SECRETARY KOWALSKI: Yep, we can. MR. CHAIRMAN: OK, I'll make a motion indicating that there is a source of negative based upon the current change in the Code as of December 3, 1994. I offer that gentlemen as a resolution. MEMBER DINIZIO: Second. MR. CHAIRMAN: All in favor? Page 24 - Hearing Transcript Regular Meeting of January 4, 1995 Southold Town Board of Appeals BOARD MEMBERS: Aye. MR. CHAIRMAN: Thank you again. 8:07 P.M. Application No: 4293 - EDWARD J. MUNSON MR. CHAIRMAN: Request for Variance under Article IIIA, Section 100-30A.3 based upon the December 7, 1994 Notice of Disapproval issued by the Building Inspector for permission to construct addition to dwelling which will have an insufficient sideyard setback at less than the required 15 feet, and total side yards at less than the required 25 feet. Location of Property: 1545 Oaklawn Avenue, Southold; Parcel No. 1000-70-3-5. Containing 10,400 sq. ft. of land area. Copy of survey dated November 2, 1994 indicating the one story frame home, sits approximately in the center of this piece of property and the nature of the application which is a proposed addition in the back corner and a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard? Anybody here for the Munson application ? Oh, how are you Sir? EDWARD MUNSON: Yes. I applied for this addition of, there's a, and I'm approaching by 2 feet 2 inches on it, 15 feet sideyard clearance and I'm asking for a variance to, to give me the depth of the sun room after underneath the light. MR. CHAIRMAN: Alright. Does anybody have any questions of this applicant? DEC 2 71994 BOARD OF APPEALS:TOWN OF SOUTHOLD -- -- In the Matter of the Application Of JOEL AND MARGARET LAUBER -----------------------------------x CONFIRMATION OF POSTING residing at cr-r 0I?16:�a7 N }i , and, being duly sworn, depose and say: That on the 2-6 day of December, 1994, I personally posted the property known as 1145470 Main Road, Southold, NY" by placing the Town's official poster notice on C& �f A& BiitY tG/GEt ` pOst� facing the road side of the property, and that the mained in place at least seven days prior to the date of the first public hearing. Dated: December,2`, 1994. CAI ( gnature) i • COUNTY OF SUFFOLK SiATI 01 NFW YORK ss: Tini Kelly, being duly sworn, says that he is the Eclitor, of the TRAVELER-WATCHMAN, a public newspaper printed at Southold, in Suf- folk County; and that the notice of which the annexed is a printed copy, has been published in said Traveler-Watchman once each week for I ........................................... ..................weeks successively, commencing on the.... �...... clay of...... .................19.y� Sworn to be ore me this.........:.. ..day of ................... cam_, C,,........................I9.r ...................... -�- Notary Public BARBARA A.SCHNEIDER NOTARY PLTLIC,State of New York No.4SOU46 NOTICE OF PIFRI IC 7 HEARINGS 9711.8:15 pan.Application O v for Variances requested by r NOTICE IS HEREBY 5. 7:50 p.m. Appl. No. ' GIVEN, pursuant to Section 4286-_10 AND D MARGA- WILLIAM roF. GASSER con- ceminghis propery,known and. Code267 ofhe Town Lew amid the CRR r.-r W rrnRPv referred to as the American Cat die foll Town of Southold,hear. j`RRPr[ sn�RyeRnCi640 that thb following public hear. (Carryover from December 7, Armored Tank snk Museurty side ings will be held by the 1994.Re Request for Special Ex- Love Laneandt8,Mhe athside Southold Town Board of An- ) 9 N County County Tax ,Mattituck) option to establish winery Use NY; County Tax Map Parcel Paala at the Southold Town for the sale of wine produced No. 1000-1402-16 located in Hall, 53095 Main Road, from grapes grown on the ex- the Hamlet Business Zone Dis- Soumold,New York 11971,on isting Vineyard where the pro-. WEDNESDAY. IANUARY posed Winery is to be located. trict,which requests are noted 4. 1 commencing et the Location of Property:Consist- as follows: . ing of a minimum of ten(10) 9.Appl.No,4260-Request times specified below: acres of land referred to as for Variance under Article IX, 1:7:30 p.m. Appl. No. 45470 Main Road, Southold, Section 100.91C(1)basedupon 42118,JACK.AND CHRIS NY; County Tax Map No. the July 12, 1994 Notice of GISMONDL Request for a 1000-75-6-9.7 and 9.6. Disapproval issued by the VarianceunderAFticle{II,Sec- 6. 8:00 p.m. Appl. No. Building Inspector for the tion 100.30A(l)for approval of 4293- EDWARD J. placement of accessory tower the location of an accessory MUNSON.Request fora Vari- structure which is required to swimming pool,above ground - once under Article IIIA, Sec- be located in a rear yard with US built, in a yard area other tion 100-30A3 based upon the setback as per Section 100- than the required rear yard,at December 7, 1994 Notice of premisesknownas56551adian Disapproval issued b the 33B(2) line; feet,from the Neck Road, Peconic, NY; PP y property line•, Building Inspector for permis- 10.Appl.No.4261-Request County Tex Map Parcel No. sion to construct addition to for Variance under Article 1000-86-6-14.(Setback from dwelling which will havean in- XXIII, Section 100-231A property lines,when located in sufficient sideyard setback at based upon the July 12, 1994 a yard area other than a rear less then.the required 15 feet, Notice of Disapproval for the yard,shall be determined by the end total side yards at less than height of the fence which ex- Board of Appeals.) the required 25 feet.Location cess the required.height limi- 2.7:35p.m.Appl.No4289- of Property: 1545 Oaklawn ts[ion; ' WILLIAM AND VERA Avenue, Southold, NY; I]Appl No.4262-Request SMITH. Request for a Van- County Tax Map Parcel No. for Variance underArticle DC, ante under Article IDA, Sec- 1000-70-3-5. Containing Section 100-93based upon the tion 100-30A.3 based upon the 10,400 sq.ft.of lend area., ,.July.12,1,44,9.11IoSice,AfDisa October 28, 1994 Notice of p- 7. 8:05:p.m. Appl. No. prove[for'theout'side storage Disapproval issued by the 4292 JAY. AND, MARY or display which is not pormit- Building Inspector,for permis- THOMSON..Request for a ted in this Hamlet-Business sion to construct addition to Variance under Article 11IA, Zonq District existing building which will Section 100-30A.3 based upon The Board of Appeals will have an insufficient front yard the November 30,1994 Notice at said time and place hear any setback.Location of Property: of Disapproval issued by the and all persons or representa- 980 Bayview Avenue, Building Inspector for permis- Lives desiring to be heard in the. Mattituck, NY; County Tax sion to construct addition to above matters. Written com-. Map Parcel No. 1000406-10- existing dwelling which will ments may also be submitted 17• exceed the maximum let cov- prior to the conclusion of the 3.7:40p.m.Appl.No4290- erage limitations.Location of subject he pem,, y �8•Each hearing WAREX TERMINALS Pro 695 Be share Road, will not start before the times CORP.Request for Section 10ce Greanport, NY; County Tax designated above.If you wish under Article -3 Section 100- Map Parcel No.1000-53.6.14. to review any oftha above files IOIC,ref.100-33,for permis- or would like m sion to locate'a canopy strut- 8.8:10 pm.Appl.No.4291. request more- JAMES M.-AND ELAINE information,please do not beef pure over existing gasoline O'KEEFE.Request for aS e. late to call 765.1809 or visit our pumps in Loan cation otherropehan the n P e office.. rear yard.Location of Property: cial Exception under Article 9945 Main Road, Mattituck„ AIIA,Section 100-30B to estab Dated:December 16,1994 NY;County Tax Ma Parcel lish Bed end Breakfast use as BY ORDER OF THE ty p an accessory incidental to the SOUTHOLD TOWN No.1000-142.1-27. applicant's single-family resi- 4. 7:45 p.m. Appl. No. dence end ownership of dwell- BOARD OF APPEALS 4287- NORTH FORK ing located at 54300 C.R.48, GERARD P. �D BEACH CONDOMINIUMS. Southold, NY; County Tax GOEHRMGER,CHAIR. (Carryoverfrom December 7, Map Parcel No. 1000-52.3-1. MAN g(� 19,94).Request to install swim- Zone Disuick R-40 Low-Den- By:Linda Kowalski u ming pool at 52325 C.R. 48. sity Residential IX-12WA4 Southold,NY; 1000-135.1.1- 43. ;1 <t \�• tsinac vlr new tanan) SS: COUNTY OF SUFFOLK ) b2k__miogpcol shin sound we bass. predaceA from gropes grows oo the :.:Pond No.100852-}I.Tone Dbbkc like to request more innrmnioo. Of Mattltuck, rand w odor data the rtgaN Ter wgbgvmey.d vast me,popmrd R�40Low-D..UYROWNOIL plane do m beduaw sus 765-19% In said County,being duly Swings,Says that he/she is yard,at Promises known as 5655 sWledryls 0 be lbemed.LocWon of-( 941.8:15 P.m.Application for mWdtwroffice. Indian Neck Road.Peaok N ITopaty:Ooods#*dt a mhdmmn of :'V imam mymmea by WHUAM F. OW:DWeaber76.1994. .Principal Clerk of THE SUFFOLK TIMES, a Weekly Carty Tax Map Parcel N>1 .141(:�10).cep JKetpW m a";a.cA3sla eoseemiag Ms property ra, BY ORDER sovnloLD Newspaper,published at Mattltudl, In the Town of 6-14.(Setback from property Imam=S `45416 hissa . ,'Soahold,N.Y.; grown and n(ined n m the Aasraa,- TOWN BOARD OF APPEALS when,located In a yard w other tla County Tax Map No..1000-75L-9.7 Armoured Tank Museum,640 Lan - G RIARD P.OOEHRINOER Southold, County of Suffolk and State of New York, a new yard,thus be dom in al by the and96 q - - Lane and toe man aide of County - s.--. -- -CHAIRMAN and that the Notice of which the annexed fD a BomdofAppcah.) _: >"6[8.00 p.m: PPI.No.4293- Routh 48,Mannrdp N.Y�Cmay Tax ` By Itch Kowalski 2.7:40 p.m.Appl.No.4289— EDWARD J.MUNSON.RequW for Map panel No.1000-140.2-16 bated 81854= 'ear printed copy, hats been regularly puld ed in Said WILLIAM and VRRA SMITH. Violence under Article it.H IIIA,Section in w amle mu t Brd Tone District. Newspaper once each week fOr weeks I. Regan fan a Vatiaae under Article100.30A.3 based hpow the December which ralu acme mold m(allover i MA.Section IM30A.3 based upon 7,.1994 Nodes ofDhppeovei issued (9)Appl.No.4260—Ral mt foe CceaslYdy,Comm 4.pd all on the day of Me October 28,1994 Nadce of Dra- by the Building 1Npe ter for perms- Veriana under Article IX,Section approval issued by the Building to- aim he corrmuet&Mom so dwelling 10o91C(1)based span the July 12, spe tor,for penoiuion in construct which will be.an insufficient side- 1994 Notice of Disapproval issued by addition to existing building which yeed sobeek at ban it.rim required the Building lmpoctor An as place- will ban ant imWGcimtira[ Nate- -15Ra,mdnWsideyrdeatlmaom meat of accessary tower structure back.Location of Property: 990 :,the required 25:k'eet.Location of which I.required in be located n•war CHHISTWAVOLINSKI Bayview Avenue Mamftack,NY Property 1543 Onklawn Avenue, yard with a ardnst as pat 3ecdon IM Notary Public,Stem d NW Tot Center Tax Map Pence]No 1000- Southold,N.Y.;County Tax Map 33B(2)a fin feet from He pigmy No.5004SHq 4nm*i No.4000dA3-5.Containing See; Ouslified in Suffolk COMMg/_ Prindpal Cl• 3.7:{BPaAppL'J46.f21290 n10Ams¢Rdhddrx- (10)Appl.No.4261—Request for Commission ExpintS Novamk 1 sr 2% t�J WARRX TERMHIAI3 CORD 7.80 pan.Appl.No.4292—JAY Vatm e,most Arfich,%RIIL Swim Regmrt for a Verrsem undmJlttkn sed-MARY THOMSON.Rpm[for 100-231A band upon the July 12, _p )L Section 100-IOIC,nL 100.33,Be, a Volans ad—ANek Ill§ion 1994 Notice d Disapproval for theany _ pambdm b lomle aesoopyamcaue ''Iaa30A3'based Wm the November bulged of the fire which erica the NotaryPa'bIirC c I PUBLIC AlR ever=MRS smulir pumps in a0.ra)S'.M�P98 Ned"of Disapproval loosed rw®ed heigm kmkddm NOTICE IS HEREBY GIVEN w st wa rim&a rear ymdlAnatW by the Sending I pmar for pes W (11)APPL Na.4262—Request for t pares,n amdm 267 of the Tows of Property 9945 Main Rod 'aim to museum addition n cxiada8 Var4re adev Arden fry(,Secthm S Law and the Code of the Town of .MatUlaek,N Y Contty Tax Map a %ArBmg wbkh wR,exceeal tinmaxi- 100-93 based upon the 1*12.1994 Peas`IAS p.m.AppjNo:.i'� y�lmjfty:6 Mmkymbom mom NWmdDiuppmYfm.memase Sworn�� Southol4 Ban the foBeld public 1.7:{5:p m.Appl. a.°1287 ➢f P :695 Ba ahorc Rod, spore rwdiglq wti66 m r-� headagi will be held by the A Y Y Y tom- J SOUTHOLD TOWN BOARD OF -N0lTH-T0lY RlACH LOON ;'Or4eApSrt•N.Y.;County Tax Map ted is this Hamlet-Ba dime Zom day Of APPLALSYtln SOdbW Taae dell, DObUNWMB.(Cwy~Lom Da. PrmiNo.100653414. Diauin. +153095 Main Rod,Soathoid,New cember 7,1994).Regaeu n W WI �:;L.8:10 p.m.App1. No. 4291. The BoN d Appeah rill r said York 11971.on MEDNHSDAY, swimmingprl at 52325 CR 48 �e�81AMSaM.md®.ADIRO'YR6FL dmerodpncehaanymdaBperema IANUAlY 1,/9P5,commencing a- Smahold,N.Y.;1000135.1-1,t3. �'a tern fan a SpedY ander m representative,dedrng tobe hard JA dam ,. 5.7:50 p m.Appl.Nu:4286— --Article RIA,Seetlea 100-30B n esesb- in the above matters.Written cons- tLmu s wffiW b bw, , 286—: �m —•.aaAICAan1'I-1 w IM Bed and BrakW=a an aces- nano may*be be auhnmed.poor ono 4.JACK and CHH[S GtSMONDI 'trnwww rrwww VINEYARnm way rrihwl n the applicem's sat she mutation of the subject herhrg. Request foe a VarWce under Ardde (CM'Regw,for Sover from December 7,49%). ide family raddeucn and owoemhip of Ruth hairy sill am meat before tee Re uectlnt Ian-30A(1)for approval HA Emptiest toedsb- dwelling located es fed a$4300 C.R.48. tim dcdgswd Wove.Hyou wish in IllM rim Liston d m aocnmay swim bah Winery Ilse for she We of win Southold,N.Y._.Couoty Tax Map rtviwmy of it.above fib or would • • ��g�ffOLK�, • APPEALS BOARD MEMBERS OV, Southold Town Hall Gerard P. Goehringer, Chairman h ,z 53095 Main Road Serge Doyen, Jr. P.O. Box 1179 James Robe t A. Villa y��l *t �aO! SoFaxold, New York 71 (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD December 22, 1994 Mr. and Mrs. Joel Lauber P.O. Box 921 Southold, NY 11971 Re: App. No. 4286 - Special Exception (Winery) Dear Mr. and Mrs. Lauber: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchman, Inc. and Suffolk Times newspapers, which shows that the hearing is being held on Wednesday, January 4, 1995 at the Southold Town Hall at the time noted therein. Also, you will find enclosed a Poster Notice which must be placed either on a stake and located in the front yard (road side) of the subject property, or placed on the front building or other front yard structure where it can be easily seen by the traveling public from the road. The poster must be conspicuously located at this time since the Board Members are planning to visit your area within the next several days. Please complete the attached Confirmation of Posting, sign, and return it to our office for our update and permanent file. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosures Toe Map Parcel I000-85-2-2 e subject premisesses is a subsmndr Parcel in this A-C Agricultu, Th CHRISTINA VQLIN Conservation Zone District containing Notary Public,Slate of N ork Priodpal Clerk approximately 41,585 sq.0.in total lot No. 5004884 area. (Setback from property lines, Qualified in Suffolk COUDttyy when located in a yard area other than Commission Expires Nova bar 23 7 a rear yard,shall be determined by the r �A 1r11 AAw v�n Q Board of Appeals.) ,�C.}1._ ( ))711 2. 7:40 p.m. Appl. No. 4286 — IVOlary Pllb11C JOEL and MARGARET LAUBER. Request for a Special Exception under Article III, Section h Winery Use for pennissionlo establish Winery Use for $W0171 11 fOCe le thl the sale of wine produced from grapes primarily grown on the existing (lay of Vineyard where the proposed Winery is to be located, to wit: 45470 Main Road, Southold, N.Y.; County Tax Map Pnrce1 No. 1000-75-6-9.7 and 9.6 (combined total:30 acres). 3. 7:45 p.m. Appl. No. 4283 — GAIL DESSIMOZ and MICHAEL RACZ. Request for Variances under Article III,Section 100-32 and Section 100-33C, based upon the October 21, 1994 Notice of Disapproval issued by the Building Inspector for permission to:(1)change lot resulting in a reduc- tion in the existing lot width on the westerly lot from 208.14 feet to 125 feet(Cade requirement is 175 feet in this R•80 Residential Zone District), and (2) if the lot width reduction is approved, to locate accessory pool in the new side yard area to the west of the existing single-family dwelling. Location of Property: private right-or. - way known as flaltoex Lane ana - Private Road 810, which extends off the north side of Sound Avenue,Matti- tuck, NY (over and along lands of Charles Simmons and Edwards Harbes);County Tax Map Parcels No. 1000.112.1-3 and 4. 4. 7:50 p.m. Appl. No. 4285 — ELBERT E. LUCE,JR. Request for a Variance under Article 111, Section 100-33 and Section 100-32, based --- ,� upon two separate November 7, 1994 t Notices of Disapproval issued by the Building Inspector for permission to construct accessory storage building (shed) in an area other than the re- u �� quired rear yard,and deck addition to dwelling, as buih, which has an in- sufficient rear yard setback. Location of Property: Private Right-of-way ex- tending 332.51 feet off the easterly side of Youngs Road, (House #944), Orient, N.Y.;County Tax Map Parcel No. 1000-18-2-14. Subject premises contains a total lot area of 21,188 sq. R. and is located in an R-90 Residcn- tiai Zone District. 5. 8:05 P.M. (Reconvened for con- tinuation) Appl. No. 4257 — OS- PREY DOMINION CO.and FRED- ERICK KOEHLER,JR. This is an application requesting a Special Exception for approval of a new win. ery establishment in two existing farts buildings for the production and sale of wine produced from grapes primari- ly grown on the Vineyard and Winery Establishment proposed at 44075 Main Road(State Route 25).Pecenic, N.Y.; County Tax map Parcel No. 1000-75. 1-20. The entire premises contains 50.8 acres located in the Agricultural. Conservation(A-C)Zone District. 6. 8:10 p.m. Appeal No. 4282 — CURT W. MEYHOEFERIJOHN and DOREEN h4AZZAFERRO. Request for a Variance under Article 111. Section 100-32 for approval of deck, as built, with a setback at less than the required fifteen (15) ft. set- back from the northerly side property line,at premises known as 43475 Main Road,Peconic.N.Y.;County Tax Map Parcel No.1000-75-1-18.1. The Board of Appeals will at said time and place hear any and all per- sons or representatives desiring to be heard in the above matters. Written comments may also be submitted prior to the conclusion of the subject hear- ing.Each hearing will not start before the times designated above. If you wish to review any of the above files or would like to request more informa- tion,please do not hesitate to call 765- 1809 or visit our office. Dated:November 16, 1994. BY ORDER OF THE SOUTHOLD TOWN BOARD OF APPEALS GERARD P.GOEHRWGER CHAIRMAN 8159•I TN24 By Linda Kowalski ��SpfFOL/( APPEALS BOARD MEMBERS Southold Town Hall Gerard P. Goehringer, Chairman co ,x 53095 Main Road Serge Doyen, Jr. 41!F P.O. Box 1179 James Robe Robert Villa y'�Oj �a0� Southold, 71 (5 6) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION November 9, 1994 Appeal No. 4286SE Project Name: Joel & Margaret Lauber County Tax Map No. 1000-75-6-9.6 and 9.7 Location of Project: 45470 Main Road, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Special Exception for possible winery This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur Should the Project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { X } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or C. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency. ) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me �S�ffOLK�OG� JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK o T P.O. Box 1179 N Southold, New York 11971 REGISTRAR OF VITAL STATISTICS Fax (516) 765-1823 MARRIAGE OFFICER .�,�1 ��� RECORDS MANAGEMENT OFFICER Telephone (516) 765-1801 FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4286 DATE: NOVEMBER 9, 1994 Transmitted is application for a special exception submitted by JOEL E MARGARET LAUBER together with Notice to Adjacent Property Owners; Short Environmental Assessment Form; Zoning Board of Appeals questionnaire; together with survey and other relevant documents. Judith T. Terry Southold Town Clerk 9 0 FOLK APPEALS BOARD MEMBERS ay Southold Town Hall Gerard P. Goehringer, Chairman y ,= 53095 Main Road Serge Doyen, Jr. %96 P.O. Box 1179 James Dinizio, Jr y'llpj ��! Southold, New York 11971 Robert A. Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD SEQRA UNLISTED ACTION DECLARATION November 9, 1994 Appeal No. 4286SE Project Name: Joel & Margaret Lauber County Tax Map No. 1o00-75-6-9.6 and 9.7 Location of Project: 45470 Main Road, Southold, NY Relief Requested/Jurisdiction Before This Board in this Project: Special Exception for possible winery This Notice is issued pursuant to Part 617 of the implementing regulations pertaining to Article 8 of the N.Y.S. Environmental Quality Review Act of the Environmental Conservation Law and Local Law #44-4 of the Town of Southold. An Environmental Assessment (Short) Form has been submitted with the subject application indicating that no significant adverse environmental effects are likely to occur should the project be implemented as planned, and: { } this Board wishes to assume Lead Agency status and urges coordinated written comments by your agency to be submitted with the next 20 days. { x } this Board has taken jurisdiction as Lead Agency, has deemed this Board of Appeals application to be an Unlisted SEQRA Action, and has declared a Negative Declaration for the following reasons: a. An Environmental Assessment has been submitted and evaluated, and/or b. An inspection of the property has been made, or c. Sufficient information has been furnished in the record to evaluate any possible adverse affect of this project as filed, and/or d. This application does not directly relate to new construction or on-site improvements. { } this Board refers lead agency status to your agency since the Board of Appeals does not feel its scope of jurisdiction is as broad as the Planning Board concerning site changes and elements under the site plan reviews. The area of jurisdiction by the Board of Appeals is not directly related to site improvements or new buildings. (However, if you do not wish to assume lead agency status within 15 days of this letter, we will assume you have waived same, and we will be required to proceed as Lead Agency. ) For further information, please contact the Office of the Board of Appeals, Town Hall, Main Road, Southold, NY 11971 at (516) 765-1809. me �oc��FfOIK`�� JUDITH T. TERRY Town Hall, 53095 Main Road TOWN CLERK p r=f+ P.O. Box 1179 t1� Southold, New York 11971 REGISTRAR OF VITAL STATISTICS VO �. Fax (516) 765-1823 MARRIAGE OFFICER .j � Telephone (516) 765-1801 RECORDS MANAGEMENT OFFICER FREEDOM OF INFORMATION OFFICER OFFICE OF THE TOWN CLERK TOWN OF SOUTHOLD TO: SOUTHOLD TOWN ZONING BOARD OF APPEALS FROM: JUDITH T. TERRY, SOUTHOLD TOWN CLERK RE: ZONING APPEAL NO. 4286 DATE: NOVEMBER 9, 1994 Transmitted is application for a special exception submitted by JOEL & MARGARET LAUBER together with Notice to Adjacent Property Owners; Short Environmental Assessment Form; Zoning Board of Appeals questionnaire; together with survey and other relevant documents. Judith T. Terry Southold Town Clerk Page 6 - Legal Notice Southold Town Board of Appeals Public Hearings for January 4, 1995 Mailing List for Legal Notice Hearings for January 4, 1995 Copies of the Legal Notice furnished to the following 12/20/94: Mr. Edward J. Munson, 1545 Oaklawn Avenue, Southold Mr. and Mrs. William F. Gasser, 2383 Fifth Ave, Ronkonkoma 11779 Ongioni & Borelli, 218 Front St. , Greenport 11944 Mr. and Mrs. Jay Thomson, 695 Bayshore Road, Greenport 11944 Mr. and Mrs. James M. O'Keefe, 54300 CR 48, Southold 11971 Mr. and Mrs. William A. Smith, 980 Bayview Ave, Mattituck 11952 Paul Caminiti, Esq. , Main Rd, Southold 11971 (Re: NF Beach Condos) Mr. Louis DeRonde, 16 Victoria Dr, Amityville 11701 (Re: Warex Terminations Corp.) Mr. and Mrs. Jack Gismondi, 5655 Indian Neck lane, Peconic 11958 Mr. and Mrs. Joel Lauber, Box 921, Southold, NY 11971, Re: Corey Creek Vineyards Mr. and Mrs. Joseph Fristachi, 6 Adrienne Court, Farmingdale, NY 11735 (Opp. Re: Lauber) Posted on Town Clerk Bulletin Board on 12/20/94 Copies to Board Member Boxes together with copies of files 12/20 Copy to Town Clerk for distribution to TB on 12/20/94 Copies to official newspaper(s) on 12/19/94 by fax transmission Copy to Building Department on 12/20 BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of JOEL and MARGARET LAUBER -----------------------------------x CONFIRMATION OF POSTING , I, v 4<< �,4LI46 ' , residing at VO-7 0 .rr 0/01&14j7 NY , and, being duly sworn, depose and say: That on the /9 day of November, 1994, I personally posted the property known as "45470 Main Road, Southold, N "' b p g ci the raj oven's offic' I poster notice on 42=J22 jl facing the road side of tie property, and that he postfer has remained in place at least seven days prior to the date of the first public hearing. Dated: November.2/, 1994. (si ature) NOV 2 8 !994 �o�OgpFFOLK�OG APPEALS BOARD MEMBERS y� ~ Southold Town Hall Gerard P. Goehringer, Chairman r�is = 53095 Main Road Serge Doyen, Jr. �+0 P.O. Box 1179 James Dinizio, Jr. Southold, New York 11971 Robert A. Villa Fax (516) 765-1823 Richard C. Wilton Telephone (516) 765-1809 BOARD OF APPEALS TOWN OF SOUTHOLD November 16, 1994 Mr. Joel Lauber Corey Creek Vineyards Box 921 Southold, NY 11971 Re: Appeal No. 4286 - Special Exception Request for Winery Dear Mr. Lauber: Please find enclosed a copy of the Legal Notice published by our office in the Long Island Traveler-Watchman, Inc. and Suffolk Times newspapers, which shows that the hearing is being held on Wednesday, December 7, 1994 at the Southold Town Hall at the time noted therein. Also, you, will find enclosed a Poster Notice which must be placed either on a stake and located in the front yard (road side) of your property, or placed on the front of your existing structure where it can be easily seen from the road. The poster must be conspicuously located at this time since the Board Members are planning to visit your area within the next several days. Please complete the attached Confirmation of Posting, sign, and return it to our office for our update and permanent file. Very truly yours, Linda Kowalski, Clerk Board of Appeals Enclosures BOARD OF APPEALS:TOWN OF SOUTHOLD -----------------------------------x In the Matter of the Application of JOEL and MARGARET LAUBER -----------------------------------x CONFIRMATION OF POSTING I, residing at and, being duly sworn, depose and say: That on the day of November, 1994, I personally posted the property known as "45470 Main Road, Southold, NY" by placing the Town's official poster notice on facing the road side of the property, and that the poster has remained in place at least seven days prior to the date of the first public hearing. Dated: November 1994. (signature) NOTICE OF HEARING NOTICE IS HEREBY GIVEN that a public hearing will be held by the SOUTHOLD TOWN BOARD OF APPEALS at the Town Hall, 53095 Main Road, • Southold, New York, concerning this property. OWNER(S) OF RECORD : Q Iu �a L rOR.+ DATE OF PUBLIC HEARING : I) ecw lo 1q94 T, O paAa If you have an interest in this project, you are invited to view the Town file(s) which are available for inspection prior to the day of the hearing during normal business days between the hours of 8 a.m. and 4 p.m. • BOARD OF APPEALS • TOWN OF SOUTHOLD 0 (516) 765-1809 Page 7 - Hearing Transcript • Regular Meeting of December 7, 1994 Southold Town Board of Appeals THOMAS THOMPSON: Oh! OK. ( ) I wasn't sure what kind of specification. Thank you. 7:42 P.M. Application No. 4286 - JO3EI-AND MARGARET LAU&ER MR. CHAIRMAN: Request for a Special Exception under Article III, Section 100-31B(13) for permission to establish Winery use for the sale of wine produced from grapes primarily grown on the existing Vineyard where the proposed Winery is to be located, to wit: 45470 Main Road, Southold, N.Y. ; County Tax Map Parcel No. 1000-75-6-9.7 and 9.6 (combined total: 30 acres) . I have a copy of a survey/site plan Peconic Surveyors, indicating the two acre parcel where the Winery to be located and I have a copy of the Suffolk County Tax Map indicating this and surrounding properties in the area. Is there somebody who would like to be heard concerning this? The Lauber application. BOARD CLERK KOWALSKI: Mr. Lauber is here. MR. CHAIRMAN: How are you tonight, Sir? JOSEPH FRISTACHI: I'm Joseph Fristachi. I sent a letter in opposing to the fact that it was not safe for us and children and grandchildren to have a not as much as the winery but details to winery plus the possibility to have a retail store to sell wine right next to our property in the back where we felt it was safe for us to Page 8 - Hearing Transcript Regular Meeting of December 7, 1994 Southold Town Board of Appeals be in Southold Town to begin with. The idea to have a retail store right next to us gets us really upset. MR. CHAIRMAN: You're the gentleman with the white shingle house, a split level type? Fairly new split level type house? ANGELA FRISTACHI: (Response inaudible) . MR. CHAIRMAN: Alright. I'm not confusing that with Amando's house, right? That's on the other side? This is on the other side of Amando? On the west side of Amando? JOSEPH FRISTACHI: I'm west of Amando. MR. CHAIRMAN: With the garage that faces the road? We'll certainly take all of your feelings into consideration here. We just want you to be aware that under Special Permits, Special Permits are permitted as a matter of right as long as they meet certain criteria. In this particular case this Board in the past has never turned down an application for a Winery as long as it conforms. The concern is one of I mean, I'm not putting words in your mouth Sir, but I think one of the concerns would be the amount of traffic and I think that's one of the concerns that you have. JOSEPH FRISTACHI: You see that's what happened to Pindar. Some day you want to pass from there. MR. CHAIRMAN: We're very well aware of that. JOSEPH FRISTACHL• ( ) , but this happened to my back yard. You can see from the blue print you have a place where they would park cars and buses. BOARD CLERK KOWALSKI: How far is the retail area from the house, I'm just curious? Page 9 - Hearing Transcript • Regular Meeting of December 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: Well the depth of the lot just getting to the point where you make the turn is 276.95 feet. So, his house is over in here. As I said we will certainly take it into consideration in the granting of this application and the required screening that should be involved. You're very welcomed to sit in on the continuation of the of the meeting if we go into deliberation after this meeting tonight. You're welcomed to stay and it doesn't necessary mean that you can comment but, you can stay. You can listen to the entire. JOSEPH FRISTACHI: Thank you. MR. CHAIRMAN: You're welcomed. MEMBER DINIZIO: Sir, can I ask you a question? Would there be anything at all that would help to elevate your fears positioning the building in a different way or a screening, or anything that you know might help us or help you to perhaps live with this better? JOSEPH FRISTACHI: I have to look into this. What I've tried to do is to oppose to this because of the, be afraid to have all that traffic right next to the property in back of the property. MEMBER DINIZIO: Yeah, well what I'm just getting at is, are there any other alternatives at all. You know that you may want, or ask us to perhaps you know screen the property better or move the building somewhat, just to help you know, you, and make it better. JOSEPH FRISTACHI: They could move the building or redo the blueprint where the parking would be a different area, they have enough property to do so. MEMBER DINIZIO: Right. JOSEPH FRISTACHI: Right next to them, but. . . . . Page 10 - Hearing Transcript Regular Meeting of December 7, 1994 Southold Town Board of Appeals MEMBER DINIZIO: Well that's why I'm asking the question. If you know, if you're just wholly opposed to having a winery or if there are some or if the winery can have some mitigation. JOSEPH FRISTACHI: If the winery would have nothing to do with my property it's a traffic situation. Whatever they have to do I can say. I'm might have to see a professional help to tell me what to do or what to ask for. I'm not here to discuss a blueprint or what they plan what they have to do. MEMBER DINIZIO: OK. Well, I just, like I said, I just thought if you had an idea or you know in someway you could give us an idea of what you'd like to see there. JOSEPH FRISTACHI: I have to look into that. MEMBER DINIZIO: OK. Thank you very much. MR. CHAIRMAN: If before we close this hearing you feel that you may require some professional assistance we will hold the hearing over until January to allow you to deal with that. Think about it, you know, and before we close just let me know. Alright. JOSEPH FRISTACHI: OK, thank you. MR. CHAIRMAN: Thank you. Going back to the applicant, Sir, would you, could I ask you to use the mike and how are you, it's nice to meet you. Is there anything you'd like to state for the record? JOEL LAUBER: Well, you have the application. I might try to at least allay Mr. Fristachi's concerns, the traffic out here. JOSEPH FRISTACHI: Yeah, nothing against you. JOEL LAUBER: I know, I know. Page 11 - Hearing T•script • Regular Meeting of December 7, 1994 Southold Town Board of Appeals JOSEPH FRISTACHL• I bought the house in this town with my kids and thought it'd be quite out here. JOEL LAUBER: For what it's worth, I don't think we're talking about Pindar which is a 70,000 as you know, 70,000 case winery. We're talking about a couple thousand cases. This is a very small operation and it's not planned to be much larger than 5 or 6,000 cases which is about the size of Gristina, Lenz, Bedell and for what it's worth since there is no date around that I'm aware of its official I've talked to people who run those case hangers to try to get some sense of traffic after we've only allowed them a dozen, I think, parking spaces and frankly I have no interest in being in the retail business either. It's simply something that has to be done I think as you develop this business and the best I can get is that if you were to strike an average, an average Saturday lets say, you're just out on weekends are you not? If you strike an average Saturday, somewhere through summer, and including the fact that nobody's there now and nobody's going to be there until May and then it doesn't really build until September, October, the good guess I got is that a good Saturday is a maybe 115 and 200 people for a 7 - 8 hour period. If you figure that at 15 or 20 people an hour then you figure an average I guess at least 2 people to a car, you're talking about 10 cars in and out of Long Island on an average Saturday, and that's during the weekend. That's the best information I have and that's all we're really intending insofar as where that parking lot is, it's where it is for a reason, it's a fair distance from Mr. Fristachi's house. There is another house along Page 12 - Hearing Transcript Regular Meeting of December 7, 1994 Southold Town Board of Appeals the Thomas' house. We plan to screen it, from the road, that's from the houses that are adjacent to our neighbors. Like I say, tops it will have a dozen cars in it. There's a spot on that site plan for tour buses. I have no great illusions about that nor any interest in tour buses and it's way on the other side from the ( ) . So, to what for that's worth, believe me, I have no intentions of putting ( ) with Pindar. I would like very much to sell wine to restaurants and liquor stores. That's really my business. MR. CHAIRMAN: Is there any reason why you chose to put the parking on that side? JOEL LAUBER: Well the architect chose it. The reason he chose it were the side lines for one. There's a road or the, essentially there's a crush pad there and the road as it comes off the main road hooks around to the crush pad which is on that side of the property, the building is there and to, we, we tried to do is use that, that road and the parking just off of that. It could be on, rather than move it on to the north side of the building which doesn't have any, any appropriate space plus that building is like a potato barn, so there's earth around three sides of the barn. It gets to be a pretty steep grade, you have a parking lot that would be kind of a slant right against that building on the north side. So, the side lines, I mean after all we're trying to build an attractive building here as it will be quite attractive and we'll landscape it and what have you and the idea is to get people out of their cars and let them see the building. Not to get out of their cars and their nose up against the wall. So, it's an architectural decision. Page 13 - Hearing T•script • Regular Meeting of December 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: At this particular time what do you anticipate in reference to, you're certainly going to utilize the building as it exists at this time for both the preparation and the tasting. Right? Now, for plan expansion, where are you going to go? JOEL LAUBER: Well, I have an approval from the Select Farm Committee of Suffolk who only develop rights. To put an agricultural building, 2,000 sq. ft. agricultural building way back on that property. There's a well back there and you can use that for storage for the farm equipment, getting things of that nature. So, I can move all of that off of that two acre parcel and that two acre parcel has lines on it now. It has the building that is there that will be expanded to take care of the tasting and retail sales and some production of wine. As we expand, if we expand, we will simply decide to put another building on if we have to or add on to that building. Those plans are not in place at this point, there's no need. At that point I'll probably have to go in the other direction I guess. Again, I'd leave that to an architect. MR. CHAIRMAN: Now, the two acre site is in yours and your wife' name? JOEL LAUBER: That's right. MR. CHAIRMAN: And the development rights piece is in yours and your wife's name? JOEL LAUBER: That's right. Somebody said that was separate in having those rights but still alive. That was the last owner. Page 14 - Hearing Transcript Regular Meeting of December 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: Alright, lets ask any of the Board Members if they have any specific questions on how you want to deal with this aspect of parking. MEMBER VILLA: Yeah, well not parking, but the question I have is, that where are you going to be producing wine because all along the Code is asking basically for a retail store here instead of a winery, right? MR. CHAIRMAN: Well, yeah, but he's got a lower half which I assume he's going to produce it. JOEL LAUBER: We rendered that omission. MEMBER VILLA: Yeah, I saw some correspondence back and forth between the Planning Board ----. JOEL LAUBER: Can I ask you a question very frankly? If I had my druthers, let me put it this way, our intentions is to make wine there, it always has been, I have no other interest. I'm not interested in retail ( ) on highway. I would like to do it at a certain phased in pace. That was my plan. I would of liked to frankly knock the gun to produce wine until 1995 harvest, next year's harvest. If it's the wish of this Board or it's a critical new issue I've, I'm, I'm willing to begin the production with the 1995 harvest which would be the grapes that we harvest next September and begin to produce. I will not produce 100% there, there are very few people who are producing 100% in grapes anyway in one place and you know their bottling with mobile bottling lines and everybody is kind of a sharing and that's what we would do. Page 15 - Hearing Transcript Regular Meeting of December 7, 1994 Southold Town Board of Appeals MEMBER VILLA: Well, the question was because basically the Code specifically allows to establish wineries but does not allow to establish retail store. JOEL LAUBER: I understand and that's why I'm willing to, I didn't know that, as I say, that's my intention and if it's necessary I will begin, that's why you have a plan there. There are any number of ways to process wine, not the least of which is and perhaps the most important is to set the middle portion which is after it ferments. Its got to be aged, in the barrels, its got to be stirred, its got to be racked, pulled in and out of the barrels, with pumps, and its got to be bottled and that aspect I have more than enough room to do that. MR. CHAIRMAN: In this present building? JOEL LAUBER: In the building, yeah, on the lower level. And that's what I'm intending. Again, we will be making several thousand gallons of wine, cases of wine next year and I have sufficient room there to make at least two-thirds of that in that building line. MEMBER VILLA: So the other third or so, or half, somebody else would produce for you and then you would just store it? JOEL LAUBER: Yeah. MEMBER VILLA: Take care of it, or they would even bottle it, just case it for you? JOEL LAUBER: Well, the bottling, you know, it's kind of, nobody has bottling out here. Very few people have bottling here. Its five or six vineyards that share one bottling line, there are mobile lines that come up from the south, pull up alongside your vineyard and Page 16 - Hearing Transcript Regular Meeting of December 7, 1994 Southold Town Board of Appeals bottle your wine and that we would take advantage of that. My wine this year was bottled by another winery which is again an available option to all of us. MEMBER VILLA: The second question was along the lines that you asked, Jerry. You have two acres here and the winery basically says, it's suppose to be on ten acres. Now, the way it is in two separate deeds, this actually, this two acres could be sold off theoretically and leave the vineyard to void of this piece of property. BOARD CLERK KOWALSKI: Not, not with the winery though. Mr. Lauber and I had talked about that. You were agreeable to giving a covenant, right, with the rest of the land saying that the winery would not be sold? JOEL LAUBER.: Absolutely. I have no interest ----- MEMBER VILLA: Alright. So we're basically we're tying the two pieces of property together. JOEL LAUBER: Sure. I, I wasn't aware you had to separate them out. I guess that's how Suffolk County must of done it. MEMBER VILLA: No, our Planning Board has that weird concept when you're selling development rights basically the development rights are almost like an overlay and it was always my opinion that you didn't need to separate it out. All you had to do was differentiate a piece that you weren't selling so that you could eventually build something on it if you wanted to, but our Planning Board always wanted it in separate deeds. • • Page 17 - Hearing Transcript Regular Meeting of December 7, 1994 Southold Town Board of Appeals JOEL LAUBER: Well, if you need a covenant from me that says MEMBER VILLA: I never could understand because then you could sell them and they would be, it would be gone. BOARD CLERK KOWALSKI: It would be tied together. MEMBER VILLA: OK, as long as it's tied together I have no problem. JOEL LAUBER: Absolutely. MR. CHAIRMAN: Yes, Mr. Doyen. MEMBER DOYEN: What about storing the wine inside barrels? The wine is going to be in the barrels and you're going to store two, three, four years, whatever. Where, where is this storage area? JOEL LAUBER: In that lower level. It's 1300 sq. ft. MEMBER DOYEN: Is that enough to store your store wine? JOEL LAUBER: Oh! Yeah. MEMBER DOYEN: Production for several years? JOEL LAUBER: You mean case wine? (People talking at one time) . I'm sorry. MR. CHAIRMAN: In the barrel. MEMBER DOYEN: Your going to age it in one year and then just, you don't have a storage problem? JOEL LAUBER: No, no, well, white wine you, you, my white wine is being sold now. It was harvest late, late, last year. MEMBER DOYEN: No rest, no --? JOEL LAUBER: Well, rest you have to leave in the barrels for next year. Page 18 - Hearing T•script • Regular Meeting of December 7, 1994 Southold Town Board of Appeals MEMBER DOYEN: Well that's what I was wondering. If there's enough storage space. If this building was large enough to store? JOEL LAUBER: It is now and if our production got to a greater number of cases two, three, four years down the road, the option of that would mean are several. One is to add a building and the second which is quite available to us now is the commercial storage facility in Riverhead which is ( ) . Most of the wineries are using some of that ----- MEMBER DOYEN: ( ) you're still use up that year which you would (Lauber and Doyen speaking at the same time) JOEL LAUBER: Yeah, the space that Dave, the building that Dave Mudd just sold for ( ) . You know the one I mean in Riverhead on 105? MR. CHAIRMAN: 105, yeah. OK, how do we resolve the situation of the parking concerning the neighbors? MEMBER VILLA: I don't know. If the gentleman here wants to, you know, if they can get together fine. You said you'd hold it off if the gentleman wants professional help, I don't know, its. MR. CHAIRMAN: My suggestion would be Mr. Lauber that you come back to us with an alternate plan on the parking during this next 30 day period. It's actually less than 30 days because on meeting is on January 4th. JOEL LAUBER: Well, let me suggest something to you, if I may. You may have a letter. I just got one today from the Planning Department. On their review of what is now I guess the former application that I made on the site plan, I think you have, it's Page 19 - Hearing T nscript • Regular Meeting of December 7, 1994 Southold Town Board of Appeals dated November 22nd, they have requested, the letter says, that they would like me to move the parking area to the south. Now their reason has nothing to do with traffic, it has to do with a as I understand it, avoiding of the possibility of pedestrian of somebody getting out of their car and then having to cross the parking lot itself, to get into the building. So, if what you see there ( ) , so that the parking lots were facing the other way, that would avoid the problem that they've raised here. They would get out of their cars and wouldn't have to cross the parking lot. Now, I must tell you that the architect and I don't disagree with them, think that's not something that they have the right to ask for. I mean they could ask for, we'd like talk about it. I took the trouble today to drive around, you know, the vineyards and the wineries that I know pretty well, particularly those that are brand new, like Pellegrini and Gristina. And I'm a little surprised because their property lots are exactly as that one is. People get out of the cars and then walk across the parking lots to get into the building. The reason architects do that is because of the side lines. They want people to be able to see the building. Is it a possible compromise? I think it is. We can talk about it. You know, I'd be glad to speak about it. I don't know whether it will help Mr. Fristachi, it will move the parking lot, well you can tell, 30. The cars will be moved 30 feet to the south. MR. CHAIRMAN: Well, can you show us that on the plan on January 4th, even if it's just pending? Page 20 - Hearing Transcript • Regular Meeting of December 7, 1994 Southold Town Board of Appeals JOEL LAUBER: Sure, I just like not to keep doing plans at $400 a parcel. MR. CHAIRMAN: I understand. BOARD CLERK KOWALSKI: We should give it to Mr. Fristachi too though, before then. MR. CHAIRMAN: So he can reflect upon it. Just wait one second, I'll be right with you. JOEL LAUBER: I'm going to have to something, unless, unless I can convince the Planning Board that this is not something that has to be done. I'll certainly give you a sketch. I'm not going to go back to the architect. MR. CHAIRMAN: Just, just, let me say this to you. It doesn't make sense to not deal with both Boards at the same time because we have a second application tonight on a, on a, the same type of situation with a some more winery of course, of, of, a much larger size and this has been going on now for about 6 weeks to 2 months. OK, and we hope that we're going to be able to put it bed tonight. JOEL LAUBER: Would this be satisfactory. I'll give you the sketch. I have no problem with that. I'm not going to go back and get another full drawing until we're sure where we're at and I will resubmit to both Boards if you like. I have to resubmit to the Planning Board and at least take into consideration their request. I can certainly make an alternate sketch which may satisfy you, it may satisfy them, it may satisfy Mr. Frishchati. MR. CHAIRMAN: Good, wonderful. That's what I suggest. OK, and we'll put you on for January 4th. Sir, you have a question? Page 21 - Hearing T•script • Regular Meeting of December 7, 1994 Southold Town Board of Appeals JOSEPH FRISCHATI: The place for parking, the place that they usually, that they probably put tractors and service. It's, it's so close to my property that I pay $500 to ( ) . ( ) I made a transfer of $500. I pay $500 to put a surveyor for my house and I put a property line. It must be the trucks that destroyed my property line. I had to look at concrete, keep shoveling to the side and I might put a fence. I started to put a fence, a post rear fence. Also, when they spray their vineyards I'm so close to that property, it's a mess for me. I stay on the ( ) . 1 have to go and hide myself. But, we didn't say anything to that, it was there, we accepted it when we bought the house, just the way it was, ( ) parking lot near the --------- MR. CHAIRMAN: He said he was going to move that farm equipment to the rear though when he builds a barn. JOEL LAUBER: I'd very much like to get the farm equipment away from where the, where the diesel ----- JOSEPH FRISCHATI: There's a matter of diesel fume, there's another spray, that cows outside there, I, I, happen to be on the other side, I got, got, a little bit of the south, from the south side of the wind that blows on my property I have to run. I have to close windows and everything because of the spray. It was there and I don't know what to do with it. JOEL LAUBER: That's, that's kind of what it's about. JOSEPH FRISCHATI: But the idea to create a parking lot next to my property and have buses and cars parked. Page 22 - Hearing Transcript Regular Meeting of December 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: Well, lets wait and see what he comes up with in an alternative plan. JOSEPH FRISCHATI: You can't build this behind my house. MR. CHAIRMAN: Right, I understand, but, lets wait and see what he comes up with an alternate plan and you can react to that either with yourself or professionally with someone that may represent you, but we'll be here on January 4th, god willing and you know we'll readdress the issue. JOEL LAUBER: If I may, you know, I think Mr. Frischati, I mean that vineyard has been there since 1981 , so Mr. Frischati certainly knew it was there when he bought, when he bought his house. In fact, I believe that man who owned the house had planned the vineyard. I'm not quite sure I understand whether that's part of this discussion. In fact, (coughing cannot understand) when he bought the house. MR. CHAIRMAN: Certainly we know that ---------- MR. FRISCHATI: ( I . JOEL LAUBER: No, I understand that, but I mean spraying the vineyard ------ MR. CHAIRMAN: Certainly he's bringing up the issues, certainly the nature of living next to any farm is going to have some positives and some negatives. The one thing I don't think you and your fellow great farmers do is spray by helicopter. JOEL LAUBER: Oh! No! I'm very low on the ground you know that. Page 23 - Hearing Transcript Regular Meeting of December 7, 1994 Southold Town Board of Appeals MR. CHAIRMAN: So therefore, that is something that if ever you lived next to a potato farm that you would be living with. OK, because I did and I assure you that any type of spraying that you're doing by tractor I would take 100 times over than spraying by helicopter. JOEL LAUBER: As you say, if I comply, this is my right. MR. CHAIRMAN: It's your right so long as you can make us all agree. JOEL LAUBER: As long as I comply with the Code, isn't that the way it works. I guess what I'm saying is that I have no interest at all in making an enemy of Mr Frischati, who I only met this evening. MR. CHAIRMAN: He seems like a very nice gentleman. JOEL LAUBER: ( ) . I plant a fence. You know a fence of greens. I just assume we can't see your house because I like people to feel they were isolated, you know, when their out there digging private wine. So, I just want you to understand that I have no intention of, I would like to be as far away as I could and if you want removal of that tree we'll move it over. MR. CHAIRMAN: The only other thing that we would like you to address is the crushing pad in the application or the site plan and what other noises that may eminent from that at that time you crush them. JOEL LAUBER: I could move the crushing to the side if you like the pad is there, but, I may ( ) crushing there. MR. CHAIRMAN: Right. So, we'll see you on January 4th. Is there anybody else who would like to speak either for or against this Page 24 - Hearing Transcript • Regular Meeting of December 7, 1994 Southold Town Board of Appeals application? OK, I'll make a motion recessing the application for January 4th. I need a second gentlemen. MEMBER VILLA: I'll second it. MR. CHAIRMAN: All in favor? BOARD MEMBERS: Aye. M k ski M#k�K K 8:08 P.M. - Application No. 4283 - GAIL DESSIMOZ AND MICHAEL RACZ. MR. CHAIRMAN: Request for Variances under Article III, Section 100-32 and Section 100-33C, based upon the October 21, 1994 Notice of Disapproval issued by the Building Inspector for permission to: (1) change lot line resulting in a reduction of existing width on the westerly parcel from 208.14 feet to 125 feet (Code requirement is 175 feet in this R-80 Residential Zone District) , and (2) if the lot width reduction is approved, to locate accessory pool in the new side yard area to the west of the existing single-family dwelling. Location of Property: Private right-of-way known as Hallock Lane and Private Road #10, which extends off the north side of Sound Avenue, Mattituck, N.Y. (over and along lands of Charles Simmons and Edwards Harbes) ; County Tax Map Parcels No. 1000-112-1-3 and 4. I have a copy a survey indicating the nature of this application which is dated November 21, 1994, "Lot area of the existing large house and pool, so on and so forth is 128,045 sq. ft. , k tl Ju,y '. I Y a0I J. r�.. Huw (.,.fib yard area to tlmKest of the ex- HEARINGS fisting single ly dwelling. • r _ _ Location of P perty: Private NOTICE IS HEREBY right-of-way known asHallock HVEN, pursuant to Section Lane and Private Road #10, 67 of the Town Law'and the which extends offthe north side COUNTY OF SUFFOLK 'ode oftheTownofSouthold, of Sound Avenue, Mattituck, STATE OF NEW YORK ss: aat the following public hear- NY (over and along lands of ags will be held by the Charles Simmons and Edward iO outhold Town Board of An- Harbes);County Tax Map Par-/ g& at the Southold Town; cels No. 1000-112-1-3 and4. [all, 53095 Main Road, 4. 7:50 p.m. Appl. No. Patricia Wood , being duly sworn, outholdNewYork11971,on 4285-ELBERTE.LUCE,JR. says that she is the Editor, of the VFDNFSDAY-DECEMBER Request for a Variance under TRAVELER—WATCHMAN, a public ,, 1994. commencing at the Article 111,Section 100-33 and newspaper printed at Southold , in imes specified below:. Section 100-32, based upon Suffolk County; and that the notice 1. 7:35 p.m. Appl. No. two separate November 7, of which the annexed is a printed .284- THOMAS & ELIZA- 1994 Notices of Disapproval copy, has been published in said IETH THOMPSON.Request issued by the Buildinglnspec- Traveler—Watchman once each week or a Variance under Article111, tor for permission to construct/ for section 100-33 for permission/ accessory storage building !. . . . . . .weeks shed o locate an accessory garage (shed)in an area other than the' wilding in the southerly side required rear yard, and deck suce ivel g on the /ard area, rather than the re- addition to dwelling, as built, Y. commencing luired rear yard, at premises which has an insufficient rear :nown as 2890 Bridge Lane, yard setback.Location of Prop- .utchogue, NY; County Tax eaty:Private Right-of--way ex- vlap Parcel No.1000-85-2-22. tending 332.51 feet offthe east- d a y9 o f /.E? >r�`!. . . . . . . . , fhe subject premises is a sub- erly side of Youngs Road, I 19. . . . . . standard parcel in this A-C (House #944), Orient, NY/ Agricultural Conservation County Tax Map Parcel No: Zone District containing ap- 1000-18-2-14. Subject pre- -- �% , .—. . ::->. . . . . . . proximately 41,585 sq ft. in mises contains a total lot area total lot area. (Setback from. of 21,188 sq.ft.and is located property lines,when located in in an R-80 Residential Zone a yard area other than a rear District• yard,shall be determined by the 5. 8:05 p.m. (Reconvened i i for continuation) l No. Sworn to before me on this Board of Appeals.) ) Appl 2.7:40 p.m.Appl.No4286- 4257 OSPREY DOMINION a4? • • • •day of J0816 ANDwM*AL**RET CO.. and FREDERICKr L 01111 R. Request for a Spe KOEHLER JR.This is an ap- ` /y cial Exception under Article placation requesting a Special /�. . . . . . . .`. . . . . . . . . , 19,.. III, Section 100-31B(13) for Exception for approval of a permission to establish Winery new winery establishment in Use for the sale of wine pro- two existing farm buildings for duced from grapes primarily the production and sale of wine grownon the existing Vineyard produced from grapes prima- The Board of Appeals will where the proposed Winery is my grown on the Vineyard and at said time and to be located, to wit: 45470 Finery Establishment pro- Place hear any Q.1. .. posed at 44075 Main Road and desill ring ons or the Notary Public Main Road, Southold, NY; P tivesdesiringfobeheardinthe County Tax Map Parcel No. (State Route25),Peconic,NY: above matters. Written com- BARBARA A. SCNNEIDER 1000-75-6-9.7 and 9.6 (com- County Tax Map Parcel No. merits may also be submitted NOTARY PUBLIC, State of New York biped total:30 acres). 1000-75-1-20. The entire pre- prior to the conclusion of the No. 5806846 3.7:45 p.m.Appl.No 4283- raises contains 50:8 acres lo- subject hearing. Each hearing Qualified Suffolk CowAy Gated in the Agricultural-Con- will not start before the times Commission Expires 9131196 GAIL DESSIMOZ and P� MICHAEL,RACZ. Request servation(A-C)Zone District. designated above. If you wish for Variances under Article 1I1, 6. 8:10 p.m. Appeal No. to review any of the above files Section 100-32 and Section 4282- CURT W. or would like to request more 100-33C, based upon the Oc- MEYHOEFER/JOHN and information,please do not hesi- tober"21 `1994Noticeof'Dis-o DOREEN MAZZAFERR0y3° tate to call 765-1809 orvisitour appioV'l°issued by the Bw`ld'b Request for a Variance under office. ingInspectorforpermissionto: Article III, Section 100-32 for Dated:November 16,1994 (1)change lot line resulting in approval of deck,as built,with BY ORDER OF THE a reduction in the existing lot a setback at less than the re- SOUTHOLD TOWN width on the westerly lot from quired fifteen (15) ft, setback BOARD OF APPEALS 208.14 feet to 125 feet(Code) from the northerly side prop- GERARD R requirement is 175 feet in this erty line,at premises known as GOEHRINGER,CHAIR- R-80 Residential Zone Dis- 43475 Main Road, Peconic, MAN trict), and (2)if the lot width NY: County Tax Map Parcel By:Linda Kowalski reduction is annmved_to locate wT„ I Mn_7 _a-I R a 1 X-11/24/94(15) 'i R KE O TOWN OF SOUTHOLD, NEW YORK IN Ter PCera.iionl 4 Novi 9. "4, APPLICATION FOR SPECIAL EXCEPTION Im 0wo Application No. Date Filed: TO THE ZONING BOARD OF APPEALS, SOUTHOLD, NEW YORK: (We) , -\/GLL s AefkCfR.ET L&Ig&Q of !K]0f0 014f41,4RP S/ esi ens ce,House No. and Street o 11,9 �sI 32-3 35ad k1lamlet, State, LIP Code, lelephone umber 3 2,3 - hereby apply to THE ZONING BOARD OF APPEALS for a SPECIAL EXCEPTION in accordance with the ZONING ORDINANCE, ARTICLE �� SECTION`S .3!a� SUBSECTION for the below-described property for the following uses and purposes (and as shown on the attached plan drawn to scale) : ,QGR-6- GO% oN S'0C1rf1V J!OgP Ols:Aeh ✓44 •3 lLttGr C[JE.t7" �,� go. E,iAQBoR kA • C /,4TIN6 c7S X 35 ' 13ui4P1M6' To 8e �o0l7�i�A iv 1nX1u,0C- A 3ccs,1NEsr 0FFe66 Fo,e UJ6 /.3y04VAIW,, &IIIVW 7_ASVff6- ofAf..D dfi4CC AA&C-r/ I'0,< A?6M16 JW/_CiirGN` 1✓ 0777E-, W l N45-e /f Po�*7 CW FOle C40f.0:' 4vAfE///V'6 /4-ND 01d',V6e1' p6je,s &4 L ox6E, `mo o l fi4/Irl�lam?P�1 ' 6'H7.4ko 19 S, AArD lVeLrE P,91Ze1V,6 sr,�czr A. Statement of Ownership and Interest. '�J&'=L * PAR64R&7" 1,4U661K flare) the owner(s) of property known and referred to as ty[st 0 G /N l� House No. , StreetHamlet) identified on the Suffolk County Tax Maps as District 1000, SectionBlock , Lots) 1 4. which is not (;4 on a subdivision Map (Filed , Map of Filed Map o. , and has been approved by the Southold Town Planning Board on as a [Minor] [Major] Subdivision) . The above-described property was acquired by the owner on Aft AJ@R/L 304 B. The applicant alleges that the approval of this exception would be in harmony with the intent and purpose of said zoning ordinance and that the proposed use conforms to the standards prescribed therefor in said ordinance and would not be detrimental to property or persons in the neighborhood for the following reasons: • 11wirlil6 7 .< vusewc /-o 7A- XrE ,4N0 a vy w,01vc Fyeom 6WPeT 6ROWAf DN J/TE 1,r(2v1ys/.rTL;u7- Wt7& EX41T/N6 (,,A(,f ,z� AA/D FAR#t .r7f "b X TyRoucsola a r Tyl r ,q W , cu to c h a /4w&lhv A_r 771d "ViV-4y440 C09&,940ok " ON 7' 4 MOAer" C. The property which is the subject of this application is zoned AC and [ ] is consistent with the use(s) described in the Certificate of Occupancy being furnished herewith. (x] is not consistent with the Certificate of Occupancy being furnished herewith for the following reason(s) : C'C2 Ae2 2-Z_!FQ0 (/i fty /0 /g9q) IS 1=OR [ ] is vacant land. AA( i;ia c0d..7l1 L C1lGDlN6 COUNTY OF SUFFOLK) STATE OF NEW YORK) ss. : ure Sw to before met/this q day of NoU I9 0 y 1 C N�;yCY T. FUSCO gists ZB2 (rev. /6/86) NOtARY ►U6LIC.4882478f Now Yolk Qualified in Suffolk C On i'� Commission EzpUas Jan. .5 BOARD OF APPEALS. TOWN OF SOUTHOLD In the Matter or the Petition of F , JQ&L a MR 6!! T CAU) NOTICE TO to the Board of Appeals of the Town of Southold ADJACENT TO: rC_t_• PROPERTY OWNER YOU ARE HEREBY GIVEN NOTICE: 1. That it is the inte to ndersigned to petition the Board of Appeals of the Town of Southold to request a (Variance) Special Exception (Special Permit) (Other) [circle choice] t. 1. 2. That the property which is the subject of the Petition is located adWEVAk-10)PS roperty and is des- cribed as follows: p S is PRoo0,2ro� 2d' ,Oc�r Mhei= GP 2Ey CtPE�I< 3. That the property which is the subject of such Peti 'on is located in the following zoning district: aAGAW .Q4tuRAL 1 CoVSER1 47-10N 4 That b� such Petition, the undersigned will request the following relief: e5(eftayw ro 40p0/ ��491Iy6 r3U14D1Ar6 r0 I MOUADE AN A EA Fp!c W t l t- nos rlN6 AND .Yi4t4E-S y 5. That the provisio of the Southold Town Zoning Code a plicable to the relief sought by the under- signed are Article 7 ►y Section f•Q .31 /3 [ ] Section 28 -A�New York Town Law for approval of access over right(s)-of-way.' 6. That within five days from the date hereof, a written Petition requesting the relief specified above will be filed in the Southold Town Clerk's Office at Main Road Southold, New York and you may then and there examine the same during regular office hours. (516) 76'S-1809. 7. That before the relief sought may be granted, a public hearing must be held on the matter by the Board of Appeals; that a notice of such hearing must be published at least five days prior to the date of such hearing in the Suffolk Times anC in the Long Island Traveler-Mattituck Watchman, newspapers publisb'ed in the Town of.Southold and designated for the publication of such notices; that you or your-representative have the right to appear Ian/d be heard at such hearing. Dated: Nv V 7 (954 Petitioner Owners ' Names :4f6 F#lRQ64R0- O( " Post Office Address A PDX d37 A r PDX 1 Tel . No. (SI I )V 3:43 [Copy of sketch or plan showing proposal to be attached for convenience purposes , ] PROOF OF MAILING OF NOTICE ATTACH CERTIFIED MAIL RECEIPTS NAME ADDRESS AOMNDo PAa4c- C-: CAPPA 2A gov11+oL-D Ny ► fq7 Soc)71.04 NY ( 147 t ,1046:M4 T rf WS&A FQI9TAG6fl s AD26SV011f- COUOJ FAP_Rkticsz ALG- M ,V t (735 Ln cc Ln m W m m Ln — ^ E s m M >o t to 3 Q L U ° 1s c oM1 adWyd4; U7 tr- y .2 •Cl ru pc ut M d nl EL L1 t 66t aunr '008C w'°d Sd STATE OF NEW YORK ) ss.• COUNTY OF SUFFOLK ) n V t� �AUQ residing at T`t D *4 cr GRIaAJ N being duly sworn, deposes and says that on the on—?he day of 19 deponent mailed a true copy of the Notice set forth re. verse side hereof, directed to each of the above-named persons at the addresses set opposite their respective names;that the addresses set opposite the names of said persons are the addresses of said persons as shown on the current.Assessment roll of the Town of Southold; that said Notices were mailed at the 6nited States Post Of- fice at (9klm T N ; that said Notices were maile each of said persons by iz cent le (registered) mail. Sworn to b fore'me this- day 067 E , 19 otary Public NANCY T. FUSCO NOTARY PUBLIC, Sian of Now Yak 4882475 qualifW in &dMk x.» (This side does not have to be completed on form transmitted to adjoining property owners . ) � J�ta �}��4as i Form 8007" 10-85 qn —Bargain l0])end, with Covanont o"oinat ,rontod A is Indl or Corporation. ,F CONSULT YOUR LAWYER BEFORE SIGNING THIS INSTRUMEr�T—THIS ST�ENT SHOULD BE USED BY LAWYERS ONLY. 11628P6617 2847 THIS INDENTURE, made the 30th day of April nineteen hundred and ninety-three ally° BETWEEN DESIGN PROPERTIES, INC. , a New York corporation having its principal place of business in care of Mr. Dean Golden, 108 Hildreth Street, Bridgehampton, NY 11932 party of the first part, and JOEL D. LAUBER and MARGARET S. LAUBER, his wife, both residing at 4090 Orchard Street, Orient, NY 11957 ._ ,�% D o� y . - 28473 11 1993 ' j party of the second part, ii INX T _ . WITNESSETH, that the party of the first part, in consideration of TEN and 00/1( D------> = - - 10.00)----------------------------------------------------------------- dollars, lawful money of the United States, and other good and valuable consideration paid by the party of the second part, does hereby grant and release unto the party of the second part, the heirs or (\\ successors and assigns of the party of the second part forever, \\�t ALL that certain plot, piece or parcel of land, with the buildings and improvements thereon erected, situate,`' lying and being in the Town of Southold, County of Suffolk and State of New York, more particularly bounded and described as follows: BEGINNING at a point on the southerly side of Main Road which point is the intersection of the southerly side of Main Road with the westerly side of land now V�r� or formerly of Lappe; �l(J RUNNING THENCE from said point of beginning and along land now or formerly of Lappe, the following three courses and distances: 1. South 09° 31' 00" east 592 feet; 2. South 09' 07' 20" east 1095.10 feet; 3. South 08° 24' 10" east 1003 feet to a point and other land now or formerly of Lappe; THENCE along said other land now or formerly of Lappe, and along land now or formerly of John Scopaz and Linda Scopaz south 63' 49' 00" west 481.40 feet to IAX MAP a point and other land now or formerly of John Scopaz and Linda Scopaz; D17WI NPON THENCE along said other land now or formerly of John Scopaz and Linda Scopaz the 1)w. 1000 following three courses and distances: 1. North 11° 52' 40" west 1725.69 feet; S,. . 075.00 2. South 74' 19' 00" west 62.24 feet; 3. North 10' 41' 10" west 574.69 feet to land now or formerly of Salvatore DiChiara Illk. 06.00 and Dorothy DiChiara; THENCE along last mentioned land the following two courses and distances: 1,A00.009.006 1. North 79' 09' 30" east 353.06 feet; and 2. North 09' 31' 00" west 194.83 feet to land now or formerly of Armano Cappa; )09.007 THENCE along said last mentioned land the following two courses and distances: 1. North 59° 01' 00" east 158.56 feet; 2. North 09' 31' 00" west 224 feet to the southerly side of Main Road; THENCE along the southerly side of Main Road North 59° 29' 00" east 141.81 feet to the point or place of BEGINNING. SUBJECT TO deed of development rights as recorded in Liber 11306 page 529 and corrected by IAber 11379 page 316. BEING AND INTENDED TO BE the same premises conveyed to the party of the first part by deed from Southold Vineyards, Inc. , Rocco DiChiara individually, Dorothy DiChiara as Executrix, Herbert Brandshaft individually and as Executor, dated 6/8/88 and recorded in the Suffolk County Clerk's office on 9/16/88 in Liber 10693 cp 09. TOGETHER with al•ht, title and interest, if any, of the party of tile first part in and to any streets and roads abutting the above described premises to the center lines thereof, TOGETHER with the appurtenances and all the estate and rights of the party of the first part in and to ` said premises, TO HAVE AND TO HOLD the remises herein ranted unto the ' P g party of the second part, the heirs or successors and assigns of the party of the second part forever. t �� AND the party of the first part covenants that the party of the first iYart has not done or suffered anything whereby the said premises have been encumbered in any way whatever, except as aforesaid. AND the party of the first part, in compliance with Section 13 of the Lien Law, covenants that the party of the first part will receive the consideration for this conveyance and will hold the right to receive such consid- eration as a trust fund to be applied first for the purpose of paying the cost of the improvement and will apply the same first to the payment of the cost of the improvement before using any part of the total of the same for any other purpose. The word "party" shall be construed as if it read "parties" whenever the sense of this indenture so requires. IN WITNESS WHEREOF, the party of the first part has duly executed this deed the day and year first above written. 1N PRESENCE OF: DESIGN PROPERTIES, INC. BY DEAN GOLDEN, SIDENT 11628KO617 - STATE OF NEW YORK COUNTY OF u: STATE OF NEW TORE, COUNTY OF u: On the day of 19 , before me On the day of 19 before me personally came personally came to me (mown to be the individual described in and who to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that executed the foregoing instrument, and acknowledged that executed the same, executed the same. STATE OF NEW TORE,COUNTY OF SUFFOLK ss: STATE OF NEW YORK, COUNTY OF ss: On the 30thday of April 19 93 , before me On the day of 19 before me personally came DEAN GOLDEN personally came to me known, who, being by me duly sworn, did depose and the subscribing witness to the foregoing instrument, with say that he resides at No. 108 Hildreth Street, whom I am personally acquainted, who, being by me duly Bridgehampton, NY 11932 sworn, did depose and say that he resides at No. that he is the President of Design Properties, Inc. that he knows , the corporation described in and which executed the foregoing instrument; that he to be the individual 1;"AwA the sea! ei said eerpersAieni that the seai affixed described in and who executed the foregoing instrument; `A 6'id. i is Rushai;Fpsmie ""'• that :. wai _ that he, said subscribing witness, was present and saw egi3ted by order of the board of directors of said corpora- execute the same; and that he, said witness, tion,-and-hat he signed his name thereto,-by dike ether, at the same time subscribed h name as witness thereto. NOTARY PUBLIC TER :KISELYAK Notary Public,State of New York No.Ot KI 4660565,Suffolk County j Commission Expires Aug.31, 19_( +. jDargain anb YiNa1e Aecb SECTION Willi Co,V[Ii�/,ANT A(i AiNS'I' GRAN'I'OR's AC'1's TITIENO. V � I&F7 BLOCK LOT DESIGN PROPERTIES, INC. COUNTY OR TOWN TAX BILLING ADDRESS TO JOEL D. LAUBER and MARGARET S. LAUBER Recorded At Request of Timr Title Guarantee Company RETURN DT MAIL, TO: PAUL A. CAMINITI, ESQ. Dimibund by CAMINITI & GIBBONS 54075 MAIN ROAD ro P.O. BOX 846 TICOR TITLE GUARANTEE SOUTHOLD, NY 11971-0846 Zip No. W o N �7 w -„ u C o Ord � M. O 0 O p C-) fV �1S w ITI 8 _f > G ` � m _N F Y W ` 7 W W • a C � ...r'Az - S 1 too 1 a S i _ •" 7 �� i QUESTT_CITNAIRE FOR FILING WITH YOUR Z .B.A. APPLICATION A. Please disclose the names of the owner(s ) and any other individuals (and entities ) having a financial interest in the subject premises and a description of their interests: (Separatel sheet may he attached. ) -- �)FL G.ffCJl3F2 • IuQ L �KT i i. s s Is the subject premises listed on the real estate marxet for sale or being shown to prospective buyers? { } Yes {x} No. (-If Yes. Please atfach cnpy of "condifsnns" of sale. ) C. Are there aa7 proposals to change tnr alter land contcurs? { } Yes {>(} No D. 1. Are there any areas which contain wetland grasses? A/D 2. Are the wetland areas shown on the map submitted with this application? yA 3. Is the property bulkheaeed between the wetlands area and the upland building area? f} 4. If your property contains wetiiaanos or pond areas,determination of jurisdiction? have You contacted the Office of the Town Trustees for its E. Is there a depression or sloping elevation near the area of Proposed construction at or below five feet above mean sea level? -&�L_ (If not applicable, state 'IN.A. 11 F. Are there any patios, concrete barriers, bulkheads or fences Which exist and are not shown on the survey map that you axe submitting? A10 If none exist Please state none. " G. Do you have any construction taking place at this time concerning your premises? �{/ Of your building permit an — If yes, please submit copy Department. d map as approved by the Buildin If none, Please state. g H. Do yo or any cc-owner also own other land close to this parcel? If yes, please explain where or submit co of deeds. /0 DJAcz,OT �!Z� -ZP Pies UiN��'A2D I. Please list present use or operations parcel conducted at this - 1 d� Proposed use E and Q - L Au no 9 �� 12ed Si nature and Dat 3/87, 10/901k 141&4 01171—Text 12 PROJECT I.D.NUMBER 617.21 SEOR Appendix C State Environmental Quality Review SHORT ENVIRONMENTAL ASSESSMENT FORM For UNLISTED ACTIONS Only PART I—PROJECT INFORMATION (To be completed by Applicant or Project sponsor) 1. APPLICANT(SPONSOR Z. PROJECT NAME s /4��62t LRU R CG 6e6FX l/iN ,QAS 0. PROJECT LOCATION:/+ /e Municipality eJ T JL County e� /jF!= OL/<' 4. PRECISE LOCATION(Street address and road Interseetions,prominent landmarks,atm.or provide map) 4rv7v /!,{A/Ar RD . •7 Archer- 4,ifF1T ao-ia- f}-4g*o,Q /¢O ow Avw ifWc- cF Ao/N Ro S. IS PROPOSED ACTION: ❑New ❑Expansion moodlflcallonlalleration /' T 6. DESCRIBE PROJECT BRIEFLY: &1vI.Jr 1M� 3S XJ , �JIL D1ry 4" I o 4E d .11 rd !NG[oo� A /3U.f;WAfl OFF145E A Aw.,,o .tALtr.f /445'�4, A P4NAY, 7wP ft'*mmP h 641hRooltK,l AA1.D /Z �R�?1«N� .rtr 7. AMOUNTOFA aces Ultimately acres 8. WILL PROPOSEp{,,ACTION COMPLY WITH EXISTING ZONING OR OTHER EXISTING LAND USE RESTRICTIONS? ❑Yea N No It No,describe briefly !T ilCcFLl( ,eA4r, {t fj6c4* / hcF�-lav MOM .61CAt001 ZoNrN6 'X P3, " ar'o4 Ill ��T 9. WHAT IS PRESENT LAND USE IN VICINITY OF PROJECT? ❑Residential ❑Industrial ❑commercial YAgricuiture ❑Park/ForestlOpen space ❑Other Describe. QJrn OR`felTV .4 U/NEy4/1D DAJ '1P ,9oL/R c_r-"T Ac.Rtr- 73fE42E A F k0itija r*Rms bow 644Ta1'ArD wE-(T Ad/D A A2Cvr4T4 R hJ06/45 PUk ljo)1204 10. DOES ACTION INVOLVE A PERMIT AYYriY'OR FUNDING.NOW OR ULTIMATELY FROM ANY OTHER GOVERNMENTAL AGENCY(FEDERAL/ STATE yR LOCAIJ? SOtl/h z-D BG.DG Dr& as ❑No It yes,list agency(s)and permibapprovais o 0 7- - c(,a g cuT OeAiktr .r4tfF Go A)(fPT O'W644*i-f AE/WecS -.45611196aF 0I.M.41 IWOTokAJ 11. 0 ES ANY ASPECT OF THE ACTLi:V HAVE A CURRENTLY VALID PERMIT OR APPROVAL? �/� Yea ❑N^ If yep.!Tat agency name and permitlapprpvai iC3A Tom• /3oNfJF� CJ/ro irJCy(BW/�f y 7 z) N -re-4 - fJ4R4 GiiN�Ry C`32 9Y.To1 12. AS A RESULT OF PROPOSED ACTION WILL EXISTING PERMITIAPPROVAL REQUIRE MODIFICATION? ❑Yea IaG Ne I CERTI HA THE INF A ON PR VIDED ABOVE IS TRUE TO THE BEST OF MY KNOWLEDGE Applicanllsponso, name: Date: / er Signature: iUw7 G If the action is in the Coastal Area, and you are a state agency, complete the Coastal Assessment Form before proceeding with this assessment OVER (Continued on reverse side ) The N,Y.S. Environmental Quality Review Act requir submission es of this form, and an environmental review will ue made es before any action is taken. by this Board SHOAT ENVIRONMENTAL ASSESSMENT FORM INSTRUCTIONS: (a) In order to answer the questions in this short EAF it is assumed .that the preparer will use currently available information concerning the prajegt and the likely impacts of the action.` It is not expected that additional studies, research or other investigations will be undertaken. (b) If any question has been answered Yes the project may be sig- nificant and completed Environmental Assessment Form is necessary, (c) If all questiond have been answered No it is likely that the project is not significant. - . . .. (d) Environmental Assessment I. Will project result in a large physical change to the project site or physigally•alter more' than 10 acres of land? _Yes _NO 2. Will there be a major change to 4MY%unique. or unustal 'land,`form on the Site? _Yes No 3. Will_,project alter or have a large efi'ect on '• an existing body of water? _Yes No 4. Will project have a potentially large impact on groundwater quality? _Yes No . 5, Will roject significantly effect drainage flow on: adjpacent sites? Yes�No 6. Will project affect any threatened or endangered - plant or animal species? _ 'A I _Yes No 7. Will project result in a major adverse effect on -- air quality?.' , • � Yes :No . 8. Will project have a major effect on visual char- acter of the community or scenic views or vistas known to be important to the community? - _yes _No . 9. 'Will project adversely impact any site or struct- ire of historic, pre-historic, or paleontological importance or any site designated as a critical environmental area by a local .agency?' _yes No 10. Will project have.a major effect on existing or .. future' ziecreationa'l opportunities? Yes _No 11: Will project result in major traffic problems or - cause a major effect to existing transportation systems? _Yes No 12. Will project regularly cause objectionable odors, _ noise, glare, vibration, or electrical disturb- ance as a result of the Project's operation? Yes No • 13. Will project have any impact on public health or safety? _Yes No 14. Will project affect the existing community by directly causing a growth in permanent Popula- tion of more than 5 percent over a one-year period or have a major negative effect on the _-Yes ---No character of the community or neighborhood? 15. Is there public controversy concerning the project? Yes _No PreParer's Signature: - -- Representing: ERA 9/-75 Date: WELLS ROAD Z- m a 9 c'a < a 3 D ° a n�. P s s 574.69 . z o, 0 J O V Y INC ..,1 10°41 10 W' 0� o < s N. No ENTERPRISE m ° N \ �_ K o m N O HRING m OF M D O; ^ � � O=: � z L ANp n i -�z o P v o N / O 69/ 1726 � / iT P n \ D p U � Z (1 m / 9A A / F SC o „ W LINDP / N.9° 31 N/O OPAZ 00 3, o g y � , HN SCOPPZ 194.8 Z EG o J O w pump \ \ N T 1 2 � ✓ / o 090 lic. Ey e �N �o= /W ' 31, 00" O q0" D 733 ACRES 273 61' IN p� ` od N273.51' O�W� 2za.11052 9 o o !7. s°31 AREA A - R \J 70 / ` 4\ g m oe °t Nzms �S O m £ N N M.,, ��oet 275.95' S 09' 31' 00"W :00 276.95' N N 09�il' 00" �ii t0 T) 00 592 ^ 9 \ \ \ O N / N Z o y N s s 0 095. 10 C � J v 1046.67� _ q \ � N 4 m \ N N Wo+err N WaP +onK S g o 07 Wdl 1003.00 r o Q F LAN 0 OF LAPPE S.S. 24 10,r E. SURVEY OF CERTIFIED TO PROPERTY TOTAL AREA = 29. 9733 ACRES COUNTY OF SUFFOLk AT SOUTHOLD DESIGN PROPERTIES , INC. COMMONWEALTH LAND TITLE INSURANCE COMPANY TOWN OFSOUTHOLD SUFFOLK COUNTY, N. Y_ I000 - 075 - 06 - 9.4 SCALE I° = 100 ' /IAND DEC. 14, 1990 �.No.�ss�e SOP -OFN N. Y S. LIC. NO. 496,18 P CONIC SURVEYORS a ENGINEERS, P. C. Y 516) 765 — 5020 P.O. BOX 909 CONTOUR LINES ARE REFERENCED TO " TOPOGRAPHICAL MAP 'MA`I.N ROAD S'OUTH"D, , N.Y .' 1197I OF FIVE EASTERN TOWNS:' �• 87 - 772